The Crown in right of Canada brought an action for possession of lands occupied by the appellant, claiming they were part of an Indian reserve.
The lands had been absolutely surrendered by the Indians to the Crown in 1895 to be sold, but were never disposed of.
The Supreme Court of Canada held that the absolute surrender extinguished the Indian interest and removed the burden of section 91(24) of the Constitution Act, 1867.
Consequently, the beneficial interest in the lands reverted fully to the Province, leaving the federal Crown with no enforceable interest or status to bring the action for possession.
The appeal was allowed and the action dismissed.
