This is consistent with the ruling on November 10, 2011,  when the Supreme Court of Canada upheld the decisions of the BC Supreme Court and the BC Court of Appeal to dismiss the claim of the Lax Kw'alaams First Nation (and other First Nations) for the right to a commercial fishery on the north coast of British Columbia.

The Court emphasized that care must be taken not to evolve an Aboriginal right into a modern right that is different than the Aboriginal right.  

 The court was clear that a "gathering right" to berries based on pre-contact times would not, for example, "evolve" into a right to "gather" natural gas within the traditional territory. The surface gathering of copper from the Coppermine River in the Northwest Territories in pre-contact times would not, I think, support an "Aboriginal right" to exploit deep shaft diamond mining in the same territory.