Yes, I think that provision is great because it's a recognition to the minister that she has to be aware of section 35 rights, but that's the state of the law anyway. The minister does have to exercise her discretion and jurisdiction, and so does Parliament, in keeping with recognized section 35 rights.
It is possible. The Supreme Court provided several guidelines we can look to, which also talk about how it will depend on what sort of species we may be speaking about in terms of how Canada can regulate, but there are no hard and fast rules that have been supplied by the courts. They are more flexible and require more thoughtfulness and more analysis in terms of the competing demands, but also in terms of trying to give some priority to section 35 rights.
This could involve a right that is potentially outside of a closed fishery, but again, it requires discussion, analysis and speaking together. There hasn't been enough of that.