Does a treaty clause in the Treaty of the Americas include the right to fish commercially?

The trial judge, Hopkins P.C.J., and Roslak J. both found that the appellant’s treaty right included the right to fish commercially. We agree that the evidence supports the finding that, at least some small scale commercial fishing was included. In R v. Horseman (1990), 1990 CanLII 96 (SCC), 55 C.C.C. (3d) 353 (S.C.C.), a similar treaty clause was interpreted as including the right to hunt commercially.