OTTAWA -- "Seeking a return to the court is not uncommon in native fishery cases. In fact after the Supreme Court decision in Van Der Peet, the Sto:lo sought leave to return to the court," said John Cummins, M.P. (Delta-South Richmond).

The federal government had thirty days in which to return to the Supreme Court of Canada on the Marshall judgement.

In finding that the 1760-61 Treaties of Peace and Friendship with the Mi'kmaq provided a right to a commercial fishery the Court did not address what recognition should be given to those who now rely on the fishery for their livelihood.

Rights do not exist within a vacuum, and the rights of one individual or group are necessarily limited by the rights of another. The nature of a commercial fishery, with its inherent objective of satisfying a practically inexhaustible demand makes an aboriginal commercial fishery virtually limitless. In this case where the right has no natural internal limitation, the Court has created an issue which only it can arbitrate. Unfortunately the federal government has rejected the opportunity to get clarification from the Court with regard to the continued participation of non-native fishermen in the fishery.