In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal.

At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars.

[1] Dickson J., with Beetz, Chouinard, and Lamer concurring, held that the nature of Aboriginal title imposes an enforceable fiduciary duty upon the Crown.

Aboriginal Title was held to be a pre-existing legal right, not created by the Royal Proclamation of 1763, by s. 18(1) of the Indian Act, or by any other executive order or legislative provision.

As a result the majority held that it would be unconscionable to permit the Crown to simply ignore the terms promised to the First Nation's Band.