Guerin Case – The Canadian Encyclopedia

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.

Background

The Musqueam First Nation held about 169 hectares of valuable land overlooking the mouth of the Fraser River in the prestigious Vancouver, British Columbia, neighbourhood of Southlands. In 1956, the exclusive Shaughnessy Heights Golf Club (now Shaughnessy Golf and Country Club) was looking for a site to build a new golf course as their lease would expire in 1960. Club officials approached the Indian Affairs Branch of the federal government in the hopes of leasing some 66 hectares of the First Nation’s land. At the same time, a Vancouver property developer had expressed interest in a long-term lease for the land, but this was never communicated to the Musqueam.

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