Thank you.
In what has become known as Marshall II, in paragraph 6, the Supreme Court states, “In a series of important decisions commencing with the R. v. Sparrow [1990] 1 S.C.R. 1075, which arose in the context of the west coast fishery, this Court affirmed that s. 35 aboriginal and treaty rights are subject to regulation....” In paragraph 61 of the Marshall decision, Justice Binnie for the majority stated, “Catch limits that could reasonably expected to produce a moderate livelihood for individual Mi'kmaq families at present-day standards can be established by regulation and enforced without violating the treaty right.”
Do you agree, based on the Marshall case, that DFO has the right to regulate the fishery for both indigenous and non-indigenous commercial fishers, including those seeking a moderate livelihood?