The Judicial Committee of the Privy Council, affirming a ruling by the Supreme Court of Canada, held that Aboriginal title over land was allowed only at the Crown's pleasure and could be taken away at any time.

It was suggested in the course of the argument for the Dominion, that inasmuch as the proclamation recites that the territories thereby reserved for Indians had never 'been ceded to or purchased by' the Crown, the entire property of the land remained with them.

That inference is, however, at variance with the terms of the [Proclamation], which shew that the tenure of the Indians was a personal and usufructuary right, dependent upon the good will of the Sovereign.

There was a great deal of learned discussion at the Bar with respect to the precise quality of the Indian right, but their Lordships do not consider it necessary to express any opinion upon the point.

In Ontario Mining Co. v. Seybold,[6] the Privy Council extended the rule to deny the Indians any beneficial interest in the reserves that had been set apart for them under the Treaty.