What treaties? BC signed very few treaties, unlike other provinces. That's why those lawsuits are even considered. We can thank a bunch of long-dead British guys for that.
And let's not pretend that this has anything to do with the constitution or the rule of law. The actual "rules" in the source material are woefully under-specified and open to all kinds of interpretation, so the number one factor actually affecting these decisions is the social popculture that everyone in the country, including the justices, is subject to.
We simply have a bunch of unelected people effectively writing an important part of Canadian law for decades, because the elected people whose actual job it is to write such laws don't want to do it.
The situation in BC yeah largely without treaties gives the First Nations even more leverage to control their lands under claim because otherwise Canada has to somehow justify being a rule of law country and also stealing people's land in the year 2024.
Obviously it's not going to work, which is why the courts continue to rule in the favour of BC FNs.
And let's not pretend that this has anything to do with the constitution or the rule of law. The actual "rules" in the source material are woefully under-specified and open to all kinds of interpretation, so the number one factor actually affecting these decisions is the social popculture that everyone in the country, including the justices, is subject to.
We simply have a bunch of unelected people effectively writing an important part of Canadian law for decades, because the elected people whose actual job it is to write such laws don't want to do it.