First Nations Rights (2)

In November, after the destruction of the lobster traps, a clarification of the Marshall decision (see First Nations Rights Part 1) was drafted by the judges who ..... in the original decision.

The Marshall judgment referred to the Court's principal ..... on the various grounds on which the exercise of treaty rights may be regulated.

The paramount regulatory objective is conservation, and responsibility for it is placed ..... on the minister responsible and not on the aboriginal or non-aboriginal users of the resource.

However, it also was stated that the Minister has an obligation to consult aboriginal people about limitations on treaty and aboriginal rights, and that any regulation should not ..... upon the right to earn a moderate livelihood.

Following this clarification, the Department of Fisheries and Oceans limited the number of Burnt Church lobster traps to 600 and began to ..... traps.

Sound justification for these limits was not provided to any of the ..... parties; the issue of conservation was simply stated as a justification but never demonstrated by the DFO.

The Atlantic Policy Congress of First Nations Chiefs found the ..... of an offered agreement unsatisfactory in that it would have negative impacts on future treaty right rulings.

The congress advised bands not to sign the agreement; nevertheless, the DFO managed to have 29 of 34 bands sign full or ..... agreements.

To encourage signing, the DFO offered access to commercial and food fisheries, substantial ....., boats, gear, training, and fishery-related economic development initiatives.

Because the agreements are for communal licenses, it is believed by some that economic benefits will ..... to only a few people in the First Nations community.