The Crown's duty to consult Aboriginal people when contemplating an infringement of an Aboriginal or treaty right is becoming settled in law. The procedural and substantive content of that duty, however, remains uncertain. These authors demonstrate the need for certainty for industries contemplating the exploitation of lands potentially subject to Aboriginal and treaty rights, and discuss where we can look for certainty.

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Abstract:The polygalacturonase (PGU), hemicellulase (mannanase) and protease enzyme activities in commercial macerating, pectinase-enzyme preparations commonly used by wineries in Ontario (Scottzyme Color X and Color Pro) were measured under various simulated process conditions (temperature, pH, and ethanol concentration). Treatments included three temperatures (15, 20 and 30 • C; pH = 3.0, 3.5, 4.0 and 5.0; ethanol = 0%), four pH levels (3.0, 3.5, 4.0 and 5.0; temperature = 15, 20, 30 and 50 • C; ethanol = 0%), and four ethanol concentrations ((2.5, 5, 7.5 and 10%); temperature = 20 • C and pH = 3.5.) Polygalacturonase enzyme activity in Color X increased linearly with temperature at all pH levels, and increased with pH at all temperature regimes. Polygalacturonase activity decreased with increasing ethanol. Color X mannanase activity increased with temperatures between 15 and 40 • C, and decreased with increased pH between 3.0 and 5.0. Response of mannanase to ethanol was cubic with a sharp decrease between 8 and 10% ethanol. Protease activity increased linearly with temperatures between 20 and 40 • C. These data suggest that the PGU, mannanase and protease components in these enzyme products provide sufficient activities within the ranges of pH, temperature, and ethanol common during the initial stages of red wine fermentations, although low must temperatures (<20 • C) and presence of ethanol would likely lead to sub-optimal enzyme activities.