Generally, when a first nation files a court proceeding, the defendant will usually use all the defences available. For example, the affidavits will aggressively attack your evidence. Certainly that's their prerogative. Also, in some cases, the crown will appeal the decisions even though there's clear evidence that the court has found that the facts of law are true. The classic example is the sixties scoop litigation that lasted for eight to 10 years. There have been five or eight appeals by the federal government. At the end, they said that they were no longer going to fight, and they're into a settlement now. Again, you see that a lot.
First nations don't have the funding to fight them. We don't have unlimited resources to keep going to court because of those tactics available to the defendant. Certainly we want a negotiated process where it's fair and there's a level playing field.