Here the court would inquire into whether the objective of Parliament in authorizing the department to enact regulations regarding fisheries is valid. The objective of the department in setting out the particular regulations would also be scrutinized. The justification of conservation and resource management, however, is uncontroversial. There must be a link between the question of justification and the allocation of priorities in the fishery. The constitutional recognition and affirmation of aboriginal rights may give rise to conflict with the interests of others given the limited nature of the resource.
Guidelines are necessary to resolve the allocational problems that arise regarding the fisheries.
Any allocation of priorities after valid conservation measures have been implemented must give top priority to Indian food fishing. The justificatory standard to be met may place a heavy burden on the Crown. Within the analysis of justification, there are further questions to be addressed, depending on the circumstances of the inquiry. This list is not exhaustive.