Okay. Basically, Marshall II ruled on something that was never provided as testimony.
In the historic Badger case, in which they talk about infringing a treaty right, within Treaty No. 8 there's a clause that states:
the Queen hereby agrees with the said Indians that they shall have right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as heretofore described, subject to such regulations as may from time to time be made by the Government of the country, acting under the authority of Her Majesty....
There is a clear regulation clause within Treaty No. 8. Is there any regulation clause in the Mi'kmaq treaties of 1752 or 1760-61 that say that the Crown can regulate Mi'kmaq fisheries?