so, if the feds want to lay a pipeline from alberta to lake superior, they can use eminent domain (even in indigenous regions), run a bullshit consult process and be done with it, so long as they fight off the court challenge. they can do that because the area was ceded to the crown in the numbered treaties. these numbered treaties are contentious, but they do legally exist.

in british columbia, the land was never ceded to the crown, so eminent domain is illegal (although it does happen). the consultation process is not a rubber stamp, but a nation-to-nation dialogue about sovereign land rights. and, if the natives say "no", then the crown has no further authority - not under legislation, and not under a constitution that really shouldn't even be in force at all.

i'm taking things to extremes that they have yet to be taken to, but eventually must be taken to. and, i do suspect that it will be a resource conflict that eventually leads to constitutional collapse.