What is the current state of the law on aboriginal consultation?

The chambers judge in this case and the chambers judge in Westbank v. British Columbia decided that until the precise nature of the aboriginal title or aboriginal rights in question have been determined there could be no conclusive determination of whether the title or rights had been prima facie infringed and accordingly no conclusive determination of whether the prima facie infringement was justified. All that is true. But it does not mean that there is no fiduciary duty on the Crown to consult the aboriginal people in question after title is asserted and before it is proven to exist, if, were title to be proved, there would be an infringement.