Yes, I'd be happy to. Thank you.
The only case I could find that did interpret that section was a Federal Court case, where the Mikisew Cree First Nation objected to Bill C-38, the omnibus budget bill, which weakened habitat protection, on the basis that they weren't consulted. They were successful, but as the bill had already become law, there was no remedy for them, unfortunately. In that case, commenting on the impact on their aboriginal rights to fish, and the duty not to cause serious harm to fish, the new provision in the act, the Federal Court said that the amendments to the Fisheries Act removed the protection to fish habitat from subsection 35(1) of the act. In that, they also said that the amendment “clearly increases the risk of harm to fish”.