Mr. Speaker, it was suggested that returning to court for a stay of judgment and a rehearing was cherry picking. It is not the case. The purpose of returning to court would be to avoid the type of confrontation we have seen and to seek a clarification of the court's intent in this decision.
For example, would they permit an infringement of the treaty right that they recommended? I refer to paragraph 75 of the Gladstone decision where the court itself recognized that others had acquired rights to fish. It said that reconciliation of aboriginal societies with the rest of Canadian society may well depend on achieving that balance.
Does the member opposite not see a value in returning to the court and getting the court's opinion on how these conflicting rights could be adequately addressed?