What is the test for a claim of breach of fiduciary duty in an aboriginal dispute?

The claim of a breach of fiduciary duty in such circumstances is not the same as the dispute in Weywaykum Indian Band v. Canada, [2002] S.C.J. No. 79, 2002 SCC 79. In that case, The Cape Mudge forebears, whose conduct is now complained of, were autonomous actors, apparently fully informed, who intended in good faith to resolve a ‘difference of opinion’ with a sister band. They were not dealing with non-Indian third parties... It is patronizing to suggest, on the basis of the evidentiary record, that they did not know what they were doing, or to reject their evaluation of a fair outcome. Taken in context, and looking at the substance rather than the form of what was intended, the 1907 Resolution was not in the least exploitive.