The difficulty of an assertion such as that would be just the language that was used in 1760-61. Is there any direct statement that says it can be regulated or should be regulated by the Crown, or what have you? No, there's not, but it was certainly accepted by all parties within the Donald Marshall Jr. litigation that, under section 35 in the constitutional constructs of Canada, as long as it follows the proper rules and does things according to the way they should be done, the federal government will always have the ability to regulate resources if that's what it needs to do.
