The Musqueam Indian Band surrendered valuable reserve lands to the Crown for lease to a golf club on specific terms approved by the Band.
The Crown subsequently entered into a lease on significantly less favourable terms without consulting the Band.
The Supreme Court of Canada held that the Crown's historical responsibility and the statutory scheme of the Indian Act impose a fiduciary duty on the Crown when dealing with surrendered Indian lands.
The Crown breached this fiduciary duty by ignoring the terms approved by the Band, and the Band was awarded $10 million in damages for the lost opportunity to develop the land.
