Mr. Speaker, it is not a matter of liking a decision or not liking a decision. The reason for going back to the court is to get some guidance on what the court meant by the decision. For example, the Supreme Court of Canada failed to accurately describe moderate living. Some native advocates contend that a net annual income of $80,000 is a moderate living.
The Supreme Court of Canada did not say whether the aboriginal tax free status which exists would reduce needed fishery earnings. The Supreme Court of Canada did not say whether government contributions to aboriginal communities through the Department of Indian Affairs and Northern Development can offset earnings required from the fishery. The Supreme Court of Canada did not determine whether non-status Mi'kmaq or Maliseet are legally able to participate in the fishery. There are an unknown number of non-status Mi'kmaq or Maliseet, but it is estimated in the tens of thousands. DFO is determined that non-status Mi'kmaq or Maliseet are not eligible under the treaty. This will probably be met with a court challenge.
All I am saying is that these issues will come before the court sooner or later. Why not do it sooner? Why not get the answers now before we go down a garden path that we do not want to be going down?