I think one of the keys to the Marshall case was that, clearly, what was taking place was that you had a document, the treaty of 1760, that was written by British authorities. It was written in a language that was common to British authorities. That's why, when you read Marshall I, you see significant use placed on the transcripts they had of discussions between Mi'kmaq leadership and British authorities in 1760 to talk about what the parties felt they were doing: What was their intention?
I think because the treaties come from a time period when language was not the same.... Plus, you're dealing with peoples who come from a totally different world view. So the way the court looks at things is that, as is normal for most aboriginal litigation, the classic tenet is that they will take the side of first nations in a broader understanding of what was intended when these things were entered into.