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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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