GUERIN DECISION: 1984

The best-known "surrender" mismanagement case to date illustrates how bureaucratic incompetence and condescending paternalism can backfire. The November 1, 1984, Supreme Court of Canada ruling known as the Guerin decision concerns a case where the federal government, in a craven attempt to duck responsibility, attempted to have its trust responsibilities to Registered Indians, and for managing their lands, recognized as simply a "political trust".

One of the better results of this decision is that the Crown now takes its responsibilities and duties to First Nations much more seriously. Prior to the Guerin decision, interests other than those of Band members took precedence in departmental decision-making. But the Department now mostly takes care to ensure in cases with "trust" connotations that the Indian interest predominates.