i want to be clear: i'm not saying that this nation can't join the indian act, or shouldn't, or even won't in the end.
but, it hasn't at this point, and these indian act band councils are consequently extra-legal governing bodies that should be afforded no meaningful legal status.
maybe the way this ends is that the band councils opt to sign a treaty. i know there's been discussions on the point for many years. but, the court can't and shouldn't get ahead of itself by making assumptions about the outcomes of the treaty process.
until the process concludes, the court should be abiding by the status quo.