Thanks for the question. I'll start with why it was in there, why we included it. Then I'll explain why we think the proposed version in Bill C-45 is better.
When it was being decided what fisheries we wanted to ensure were protected, we wanted to ensure that we were protecting all fisheries that are fished by Canadians. That certainly includes commercial and recreational fisheries, regardless of whether they're fished by aboriginal groups or by others. But we knew that if we just said “commercial and recreational fisheries”, that wouldn't cover everything we wanted to protect. We wanted to make sure that we were protecting food, social, and ceremonial fisheries, but there are a number of land claims in place that have used the word “subsistence” fisheries, which is not necessarily covered by either “commercial and recreational” or “food, social, and ceremonial” fisheries.
So the language that was proposed and adopted in Bill C-38 said that we would be protecting food, social, and ceremonial fisheries and subsistence fisheries. That was specifically to pick up the land claims agreements that use the language “subsistence”.
It was pointed out that future land claims agreements may use different language from “subsistence”, so we wanted to make sure we were covering whatever is in a land claim agreement with respect to fisheries. As a result, we used the broader term of anything else that is in a land claim, as opposed to just “subsistence”, so taking the very specific piece...in addition to which there was some confusion about what “subsistence” fisheries might cover. We thought it would be clearer to say that it was anything in a land claim, and more broad with respect to what we were trying to protect.