 This is because the belief in Grizzly Bear Spirit and the ability to act upon it were not impinged, only the location, and so is not within the scope of s.2 of the Charter.The majority held that the Ktunaxa still do have a S.35 right to be consulted and accommodated regarding lands where there has been no proven Aboriginal title, but that a religious connection could not be invoked to establish title in the context of overturning an administrative decision.Ktunaxa title to the area would have to be tried separately.