The majority affirms that this is a "sui generis" right arising from the prior occupation of the land by Indigenous people; it is not fee simple ownership. The inherent limit (that the protected uses not be irreconcilable with the nature of the group's attachment to the land) is derived from one of the purposes of Aboriginal title: maintaining "the relationship of an aboriginal community with its land here is that it applies not only to the past, but to the future as well."