Yes, we could.
Part of it is that oftentimes first nations take a different interpretation of the general bylaw-making power under section 81 than the department does. So the department will often disallow bylaws that the first nation thinks it's enacted properly under its law-and-order power.
That can be an administrative difference of opinion that has legal consequences. If the department were to say that, for first nations that have intoxicant bylaws, those can be continued under the section 81 power, that would be the solution.