M. R. V. Storrow

The plaintiff Indian Band brought a trespass action in the Federal Court against the defendant Indian Band regarding the use and occupation of a reserve, alleging the Crown breached its fiduciary and statutory duties.

The defendant Band moved to dismiss the action for want of jurisdiction.

The Supreme Court of Canada held that the Federal Court has jurisdiction under section 17(3)(c) of the Federal Court Act, as the dispute involves conflicting claims to an obligation owed by the federal Crown, and the claim is based on 'laws of Canada' including the Indian Act and the federal common law of aboriginal title.

The accused was charged with several sexual offences nearly three years after the alleged incidents, primarily due to the police's inability to locate the complainant.

A Provincial Court judge stayed the proceedings, finding the pre-charge delay violated the accused's right to be tried within a reasonable time under section 11(b) of the Charter.

The Supreme Court of Canada dismissed the accused's appeal, holding that the time frame for assessing a section 11(b) claim generally runs only from the moment a person is charged, and pre-charge delay is irrelevant to this analysis.

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.