Case study: Guerin v. The Queen, Supreme Court of Canada, 1984
What action(s) took place that were the main cause for the situation?
Summarize the decision of the court. Do you consider the decision fair or unfair and explain why?
Discuss and interpret the effects that the decision(s) have on the following: –>1) natural resource and land management in relation to a) private-sector companies, b) government , c) the mainstream public, d) Indigenous people and –>2) individuals and their rights in relation to a) government, b) the mainstream public and c) Indigenous people.
Rather than having a decision made by a judicial court, what other means of dialogue could have been employed with similar or dissimilar outcomes? Are there any current examples of this particular type of dialogue in use?
There is much room in this court case to address the inherent questions in the assigned essay. Explore the possibilities. The following is some clarification of where one might go.
What does the government have to do as a result of the decision? Perhaps change regulations?…or resist? or pass on to the Indigenous people the rights to deal with the issue?
Mainstream public …will they be hostile to do the decision? ……accepting?…agreeable?
Indigenous people will use the decision to pursue whatever? continue the argument?…use it as a template for other cases?
