Section 35 has existed for 40 years. In that time, the BC Treaty Process — launched in 1992 to resolve outstanding claims — has produced only a handful of modern treaties covering a small share of BC territory, while most of the province remains subject to unresolved title claims. The BC Treaty Commission's 2024 Annual Report documents the pace directly. In December 2025, the BC Court of Appeal in Gitxaała v. BC confirmed that DRIPA adds legally enforceable weight beyond section 35. Section 35 is necessary — but, after four decades of evidence, it has not been sufficient on its own.