European religions do not generally have a strong connection to the land. The settler perspective was that wilderness was something to be 'conquered', fenced in, and exploited. In contrast, many Indigenous religions are inextricably tied to the land and the traditional viewpoint is that wilderness is to remain undisturbed.

Canadian law protects religious freedom. The question before the Court will be a test of whether this freedom extends to a non-European perspective of religion.

On another point: past infringements on Aboriginal title and rights, does not render those rights null and void. Indeed, past infringements warrant correction and compensation. Canadian law demands it, and it is an expectation and requirement of the reconciliation process. These principles drive much of the SCOC's perspective on Aboriginal law.