I just want to make a point. The Marshall decision was about a treaty of 1760, when no band councils existed. Band councils didn't exist until 1960.
I want to ask about this whole adjacency argument. If adjacency was the argument in court and what the court went with, then why was Donald Marshall Jr.—a member of the Membertou band, which is a two-hour car drive away from Pomquet Harbour, where he was harvesting eels— found innocent, not guilty, of fishing out of season because of the treaty of 1760 or 1761?
Mr. Belliveau, I'm listening to your legal argument on adjacency.