Mr. Speaker, the minister is ignoring the Van der Peet decision. Earlier this year, Professor Stephen Patterson, the chief government witness in the Marshall case, provided evidence on behalf of the minister to the federal court. He said that he was not aware of any historical record of the Mi'kmaq catching lobster nor of Mi'kmaq stories or traditions relating to the catching and eating of lobster.
Given there is no evidence of Mi'kmaq harvesting or eating lobster, there can be no basis for recognizing an aboriginal right to a lobster food fishery. Since the court is not driving the minister's food fishing agenda, what is?