Can recognition of traditional or customary use of land create a legal interest in the land that would defeat or conflict with the provisions of the Band Act?

The recognition of traditional or customary use of land cannot create a legal interest in the land that would defeat or conflict with the provisions of the Act. Such an approach to governance by a band council would be adverse to its fiduciary duty to manage reserve lands in the best interests of all band members. As stated by Rae J. at page 330 in Leonard v. Gottfriedson, supra: It should be apparent that the chief and councillors of a band are in a position of trust relative to the interests of the band generally, the band’s assets and the members of the band.