First, I'd like to be clear that I accept the presence of systemic racism within Nova Scotia and its effects on indigenous people, and also the horrors of colonialism and how it effectively dispossessed the Mi’kmaq from rights, especially rights to fish, in this case.
What I would say about defining “moderate livelihood” is that it was deliberately left vague by the court, because this is an issue that was to have been solved within the House of Commons and through negotiations with the nations. I don't think we'll ever be able to define “moderate livelihood” right. I think it's vastly different in the Lower Mainland of B.C. than it would be in coastal Newfoundland, for instance.
I think what we need to do is look at—