7. Ifthe Canadian government imposes a regulation
that limits aboriginal people’s fishing rights, this
infringement must be justified. The courts say the
Canadian government must ensure that such a

restriction is not “unreasonable.”

This restriction cannot cause “undue hardship” or
deny aboriginal people their “preferred means of
exercising, their rights.” Section 35(1) also
protects aboriginal people against provincial

legislative power.

~ This means the courts recognize the role of
federal regulations in fisheries conservation
and management. But the courts have also
created specific tests and rules so that the
government will have to justify any legislation

that negatively affects aboriginal rights.

The courts have also ruled that the federal
government must discuss any regulation that
may affect a band’s aboriginal fishing rights
with the band that will be affected.