To be clear—the Mi’kmaq’s Constitutional Treaty right to their commercial fishery was upheld by the Supreme Court of Canada TWICE

We call these decisions “Marshall 1” & “2”

Here’s the story of Donald Marshall Jr’s fight for recognition of those rights

https://www.theglobeandmail.com/amp/canada/article-return-of-donald-marshall-jrs-eel-nets-brings-back-powerful-memories/?__twitter_impression=true

Here is the Supreme Court of Canada's decision "Marshall 1" (Sept 1999)

@SCC_eng found Mi'kmaq enjoyed constitutionally-protected treaty right to fish for trading purposes (for a "moderate livelihood") & any govt infringement would have to be justified.

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1739/index.do

Here is the Supreme Court of Canada's decision "Marshall 2" (Nov1999)

@SCC_eng found "closed season" regs applied to Aboriginal commercial fishery had not been justified on conservation or other grounds

Regs would have to be justified species-by-species

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1740/index.do

And, Yes, this is THE Donald Marshall Jr. who had been wrongfully convicted of murder & spent 11 years in prison before being acquitted in 1983.

He went on to lead the fight for Constitutional recognition of Aboriginal Treaty right to fish commercially!

https://en.wikipedia.org/wiki/Donald_Marshall_Jr.