''Guerin v The Queen''
984
Year 984 ( CMLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – German boy-king Otto III (4-years old) is seized by the deposed Henry II ...
2 S.C.R. 335 was a landmark
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
decision on
Aboriginal rights where the Court first stated that the government has a
fiduciary duty
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...
towards the
First Nations
First Nations or first peoples may refer to:
* Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area.
Indigenous groups
*First Nations is commonly used to describe some Indigenous groups including:
**First Natio ...
of
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
and established
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. The requirements of proof for the recognition of aboriginal title, ...
to be a ''
sui generis
''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique".
A number of disciplines use the term to refer to unique entities. These include:
* Biology, for species that do not fit in ...
'' right.
Background
The
Musqueam
The Musqueam Indian Band ( ; hur, xʷməθkʷəy̓əm ) is a First Nations in Canada, First Nations band government in the Canadian province of British Columbia. It is the only First Nations band whose reserve community lies within the boundari ...
Indian band held roughly of prime land in the
Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
area. In 1958, the federal government, on behalf of the band, made a deal with the
Shaughnessy Heights Golf Club to lease 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.
The case was named for Delbert Guerin, chief of the Musqueam, who credited his mother
Gertrude Guerin
Gertrude Ettershank Guerin or (1917-1998) was chief of the Musqueam Indian Band in British Columbia, Canada.
Personal life
Gertrude Ettershank was born on 26 March 1917 on the Mission Reserve on the north of the Fraser River, now part of North ...
, an earlier chief, as its inspiration: "The Guerin case came about because of me listening to her complain, no doubt about it."
Decision
Dickson J., with Beetz, Chouinard, and Lamer concurring, held that the nature of Aboriginal title imposes an enforceable fiduciary duty upon the Crown. Dickson described the nature of Aboriginal title as a ''sui generis'' right that has no equivalent. Aboriginal Title was held to be a pre-existing legal right, not created by the
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
, by s. 18(1) of the ''
Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
'', or by any other executive order or legislative provision.
It is based upon the requirement to surrender land to the Crown as well as the historic relationship between the Crown and Aboriginals. The special right means that title to Aboriginal land can be alienable only to the Crown, which may use it only in the interests of the Aboriginals.
The Court found that the Crown's agents promised the Band to lease the land in question on certain specified terms, but in fact leased the land on different terms which was much less valuable. As a result the majority held that it would be unconscionable to permit the Crown to simply ignore the terms promised to the First Nation's Band. The Court relied on principles from equity, that an agent, working on behalf of a principal, must act at all times in the principal's best interests. The Crown had breached their fiduciary obligation and thus the damages awarded by the lower court should be adopted to compensate for the Band's loss.
Aftermath
The principle of "fiduciary duty" later became integral in the interpretation of
Section 35 of the
Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
which provides for protection of Aboriginal rights.
See also
*
Calder v British Columbia (AG)
''Calder v British Columbia (AG)'' 973
Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – The Byzantine army, led by General Melias (Domestic of the S ...
SCR 313, 973
Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – The Byzantine army, led by General Melias (Domestic of the S ...
4 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that Aboriginal land title in Canada, aboriginal title to land existed prior to ...
(1971)
*
R v Sparrow
''R v Sparrow'', 9901 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, ...
(1990)
*
Delgamuukw v British Columbia (1997)
*
Tsilhqot'in Nation v British Columbia (2014)
*
Grassy Narrows First Nation v. Ontario (Natural Resources) (2014)
References
Further reading
*
Aboriginal land title in Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explaine ...
External links
full text of decision from canlii.org
{{DEFAULTSORT:Guerin
Supreme Court of Canada cases
Canadian Aboriginal case law
1984 in Canadian case law
Aboriginal title in Canada