(I'm dyslexic, so forgive me if this is hard to understand.)
The answer is "yes and no". But the problem is, they don't use the yes and no system of law. They use their own loophole law, which is "yes and no", but nobody knows if it's yes or no. Is it legal or is it illegal?
It's one of their tricks. You can do anything if it is not illegal, but that doesn't mean it's legal to do. It means its not illegal and it's not legal, so it's a loophole that doesn't have a yes or no. So its not a crime, even if you know it's wrong, because there has never been a legal ruling on it.
The government uses it all the time. A government minister gives a contract to a organisation not because they're the best, or the cheapest, or the best all-round deal - the company that gets it is the one who gives the minister the most money to get it. It's not legal to do, but it's not illegal to do, and that's how they have always done it. I remember an MP saying "it's not right but it's not illegal and that's how we have always awarded contracts".
The courts use de facto and bylaws. De facto means it's not a legal law but nobody knows and they think it is, so they use it as if it is a legal law when it's not. And because we trust the courts to follow the law, we don't think they would do this, but it's now normal and no one has noticed.
And "bylaw" is a law that's not been made a legal law. but is being used as a law without authority legally, until it is passed or rejected. It's a loophole where a law needs to be made and used straight away at the time it was needed, and all agree it's needed, and it cannot wait until it has been passed as it is needed now, and it can get passed later or rejected. It's an emergency law for special reasons and events.
It is being used by the Canadian government as a law and not for emergency reasons, but because it's a loophole, as the bylaws Canada are using would never become a legal law, so they would never be able to forcefully remove people from their land as it would always be illegal. So they use bylaws, which is not a legal law, to get round the law to do what would be illegal to do if it wasn't for the bylaw which is not legal and going through the system to make it legal or not.
And while they're waiting to be told it's not legal, they remove you from your land, bulldoze it flat, and put you in temporary housing while the courts decide whether it was illegal to do it. And when, after a long time, they decide that it was clearly illegal and it was a crime that the government committed, and "heads will roll" and "it's a disgrace". it's too late, because the land that they would've never been able to mine and develop is now a car park, so the owners cannot get it back but get a compensation payment for it instead.
I've seen the land tax payment they give the people whose land they stole - which is worth billions and would never be sold as it belonged to the tribe - and it's a couple of thousand dollars each, and a house to rent from the agency.