I am not doing a study on the ground, but I think the lack of implementation by Canada writ large of moderate livelihood rights is a problem. That it goes down to the enforcement arm of the state is another aspect of that problem. It does seem that those at the top and the people who are enforcing the law are not recognizing section 35 rights with respect to a moderate livelihood. Yes, there was access to the commercial fishery post-Marshall, but that hasn't really been informed by or hasn't looked at what's actually required under Supreme Court of Canada cases.
I don't know if it's active anti-indigenous animus, but it's certainly about not knowing the law or following the law or respecting the heart of the law. I think that's a really big problem and it needs to change.