Lorne Gunter: Here’s the real back-story to the Maritimes lobster dispute
A 1999 Supreme Court decision, the Marshall decision, affirmed a supposed ancient treaty right to hunt and fish out of season. The only limitation the court placed on this apparently pre-existing right was that First Nations could earn only a “moderate livelihood” with their out-of-season activities. The problem now, we are told over and over, is the failure of the federal government over the intervening 20 years to negotiate a fisheries management framework that defines, limits and regulates “moderate livelihood.” Twenty-one years ago, I covered the Marshall case,,, The Marshall decision was an example of judicial bias and pre-conceived judgement. >click to read< 07:55
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