The Court of Appeal made a clear statement in Frontenac that it would no longer be acceptable for private parties to seek injunctions as a first response to prevent protest action by First Nations with legitimate aboriginal rights or land claims and then institute contempt proceedings against protestors for failure to comply. (Thus, injunctions are useless.)
The Court of Appeal applied the Supreme Court of Canada's established jurisprudence and held that there is a duty on the Crown, as well as private parties, to negotiate with indigenous communities in order to resolve conflicting interests. (Thus, developers must consult with Six Nations.)
Following these decisions, it will be increasingly important for private stakeholders in Ontario with an interest in property over which an aboriginal rights claim has been asserted to be cognizant of, and sensitive to, those indigenous interests. (Thus, companies and their investors need to be consider "Aboriginal Rights" in their decisions.)This latter point is interesting since our federal and provincial governments don't tell any company or their investors that the land is 'encumbered' with Aboriginal Rights when they issue development permits. There is nothing in the Land Registry. It isn't clear how the private sector is supposed to know. It is clear, though, that they must consult. Aside - One general implication is that Canada (and all companies with land assets) overvalues its land assets on the stock market, because the encumbrance of Aboriginal Rights is not disclosed. I think this is potentially a very serious problem for Canada, but it is likely why Canada is selling off resources at half price and approving developments at the speed of lightening - to try to stay ahead of the court decisions on Aboriginal Rights and Titles. Too late now. Canada has set it up so that (largely) foreign companies will pay the cost of "Aboriginal Rights" in Canada. Companies already committed, to whom this 'encumbrance' was not disclosed, must consult with Six Nations and come to agreement about developments (or not), and revenue sharing. But Canada is selling off land and resources at bargain basement prices right now so there is some flex room. All's well that ends well?