Sir, just to answer the last part of your question, DFO has a choice about how to deal with it. One way would be to prosecute, which could play out a bunch of ways. It could play with a ruling that there is aboriginal title and they're entitled to sell. Or it could play out like Vanderpeet, with a ruling that there's no commercial sale. Who knows?
The question is whether the money is better spent saying that the better way to deal with it is to work something out going forward. The minister's power is limited ultimately by the constitutional rights, and if they haven't accommodated a right that's out there, then they may find that some court is sorting it out for them.
So to answer your question on the appropriate approach for DFO, that's a really big internal policy debate for DFO.