Justice Burke said the Crown was allowed to infringe treaty rights by “taking up” land for roads, mines and projects determined to be “for the public good”, but she said there needs to be a limit. “This power, however, is not infinite. The province cannot take up so much land such that Blueberry can no longer meaningfully exercise its rights to hunt, trap and fish in a manner consistent with its way of life. The province’s power to take up lands must be exercised in a way that upholds the promises and protections in the Treaty,” said Burke. Once it is determined that a government infringed upon a treaty right, the government must compensate the First Nations. Instead of asking for compensation in the form of land or cash, BRFN is only asking for a halt to further development activities.