It should be kept in mind that, unlike BC,  where few treaties were concluded,  by Treaty 8, all the recognized Bands in the area of Alberta where this development is taking place gave up any and all claims to any lands in the area (and this was before they had proven aboriginal title to any part of them) in exchange for reserves and non-commercial hunting and fishing rights (on the now surrendered lands) until they were "taken up" for resource development (which is what is happening now).  It is only the infringement of those treaty-derivative hunting and fishing rights that require consultation, but it should always be recognized that those activities are carried out on surrendered (i.e. Crown lands). Where there are no land surreder treaties, i.e. in most of BC, for instance, different considerations may apply.  While  an evocative concept,  averments about "traditional lands", at least in Treaty areas, should not give rise to any land-derivative rights in themselves.