R. v. Guerin
Encyclopedia
Guerin v. The Queen [1984] 2 S.C.R. 335 was a landmark Supreme Court of Canada
decision on aboriginal
rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established aboriginal title
to be a sui generis
right.
area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease 162 acre (0.65559132 km²) of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band.
In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal.
At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matter was then considered by the Supreme Court of Canada.
imposes an enforceable fiduciary duty upon the Crown. Dickson described the nature of aboriginal title as a sui generis right that has no equivalent. It is an inherent right that existed prior to the Royal Proclamation of 1763
and is founded in historical occupation. This special right means that title to aboriginal land can only be alienable to the Crown and the Crown can only use it in the interests of the aboriginals.
of the Constitution Act, 1982
which provides for protection of aboriginal rights.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on aboriginal
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
to be a sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
right.
Background
The Musqueam Indian band held roughly 416 acres (1.7 km²) of prime land in the VancouverVancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease 162 acre (0.65559132 km²) of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band.
In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal.
At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matter was then considered by the Supreme Court of Canada.
Opinion of the Court
Dickson J., with Beetz, Chouinard, and Lamer concurring, held that the nature of aboriginal titleAboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
imposes an enforceable fiduciary duty upon the Crown. Dickson described the nature of aboriginal title as a sui generis right that has no equivalent. It is an inherent right that existed prior to the Royal Proclamation of 1763
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War...
and is founded in historical occupation. This special right means that title to aboriginal land can only be alienable to the Crown and the Crown can only use it in the interests of the aboriginals.
Aftermath
The principle of "fiduciary duty" later became integral in the interpretation of Section 35Section Thirty-five of the Constitution Act, 1982
Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...
of the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
which provides for protection of aboriginal rights.