There's a problem with this whole modest income thing. It has never been defined, so it's like a Rorschach test: you read into it what you want to get out of it.
As I said in my opening remarks, if there's no right to do something, you can't earn a modest income doing it. The key part of the Stephen Marshall decision was paragraph 26, where Chief Justice McLachlin said that the treaties grant the right to practice a traditional 1760 trading activity.
The question of fact becomes, what was that? If that's what it was about, what does that translate to, if anything, today?
They were not trading lobsters with the British then, which suggests that if they want to sell lobsters now, you should pass a law authorizing that instead of relying on the Marshall case, which certainly wasn't clear on that point. It could be interpreted, when you look at the Stephen and Donald Marshall cases together, as narrowing the treaty right to something that has to do with what existed in 1760.
It's not a satisfactory situation to say what existed in 1760 was wonderful, but I think what you should do is to pass a law to say we don't want that law anymore, but we this law. If you do that, you then have the honesty of being transparent and accountable as a government, or as a committee, making that recommendation.