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  • In August 1993, Marshall who is a member of the First Nations was caught fishing and selling during closed seasons. Marshall caught 210 kilograms of eel and then sold it for $787.10.
  • Marshall was arrested and charged for fishing without a licence, selling without a licence and fishing during a closed season.
  • At trial court, Marshall was guilty of all charges because although the treaty allows him to fish it only gave Marshall the right to bring his goods to a truckhouse for trade. Therefore, this right did not extent outside of truckhouses.
  • Marshall then appealed to the Supreme Court, stating that his treaty rights allowed him to hunt and fish regardless of the presence of a truckhouse.
  • At the Supreme Court, it was confirmed that Marshall did indeed have a treaty right to catch and sell fish. Also, hunting,fishing and gathering is a daily routine for First Nations.
  • In conclusion, Marshall was wrongly accused, and that fishing, hunting and gathering is not only a daily routine for First Nations people but also a necessity in their lives.
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