Guerin v. The Queen
Supreme Court of Canada
2 S.C.R. 335 (1984)
Relevant factsFree
The Musqueam Indian Band (plaintiffs), under the Royal Proclamation of 1763's requirement that Indian lands be surrendered to the Crown (defendant) before being leased or sold, surrendered 162 acres to allow the Crown to lease it to the Shaughnessy Heights Golf Club. The Crown had negotiated favorable lease terms with the Band's approval before the surrender, but after the surrender it actually arranged a lease with Shaughnessy on substantially less favorable terms than what the Musqueam had agreed to. The Band sued the Crown for damages.
IssueFree
Whether a sovereign owes a fiduciary duty to Indigenous peoples with respect to land the sovereign holds in trust for them following surrender.