The court ruling reaffirms what was always understood in mining that surface rights were only granted by the crown and a claim holder couldn't unreasonably prevent others from traversing their claims.

If there are competing claims for surface access across the eskers it is up to the crown to determine who if anyone gets access. The eventual access decision will be based on how the crown is best served. You can't impeed others based upon something you may do. So until there are actual surface right access applications (with proof that they can be built and funded) it will be decided on a first come basis. If their are competing viable applications I suspect that they would look for compromise.

Not was in the court challenge as Cliffs proxy who wanted heavy road access to the ROF. When this was first being challenged in court NOT had no need for N-S access. It was a squabble between CLF and KWG over who would control access to the chromite deposits. Now chromite mining sounds like the key to gaining FN support. So it wouldn't surprise me to see NOT supporting open access rail to the ROF but launching a competing proposal if it is a KWG controlled system.

... Been There