In the Sioui case (1990), four Indigenous persons (Régent, Conrad, Georges and Hugh Sioui) were charged with having cut trees, camped and set fires at places not designated for such purposes at Jacques Cartier Park in Québec, contrary to sections 9 and 37 of the regulations.

Evidence submitted to the court included a document signed by General Murray in 1760 guaranteeing to the Hurons the free exercise of their customs and religion.

The case ended up, in due course, before the Supreme Court of Canada which unanimously held that the 1760 document constituted a treaty in the sense of section 88 of the Indian Act. Chief Justice Lamer held that the occupation of the territory by the Crown was subject to the rights and customs of the Hurons.

Mr. Justice Lamer came to the conclusion that the document was a treaty after an examination of the following factors: (1) the continuous exercise of a past right up to the present time; (2) the reasons why the Crown entered into the undertaking; (3) the situation that prevailed when the document was signed; (4) the evidence of the relations of respect and esteem which existed during the negotiations; and (5) the subsequent conduct of the parties.