It is distinguished from other proprietary interests by the fact that it is inalienable except to the Crown, it is communal, and its sources lie in the prior occupation of Canada by Aboriginal peoples. Exclusive right of use is not restricted to use only for the purposes of Aboriginal practices, customs and traditions but is very broad and incorporates present-day needs. It includes mineral rights and the right to exploit the land. An inherent limit of the content of Aboriginal title is that the lands cannot be used in a manner that would prevent the relationship of the Aboriginal community with its land from continuing into the future. But this non-economic or inherent value of the land is not inconsistent with the possibility of surrender to the Crown for valuable consideration.
Aboriginal title encompasses the right to exclusive use and occupation.
This flows by definition from the requirement that it is established by proof of exclusivity of occupation. It encompasses the right to choose what uses the land can be put to short of destroying the ability of future generations to maintain the group's connection to the land. It has an economic component. An act of occupation or possession is sufficient to ground Aboriginal title. Both the common law and Aboriginal perspectives should be taken into account in establishing proof of occupancy .