5. Identification of the relevant time – In order to identify whether a practice was "integral" to the historic Aboriginal community, the Court looks for a relevant time. Ideally, this is a time when the practice can be identified and before it is forever changed by European influence. For Indians, the Court looks to a "precontact" time. The Court modified this test for Métis in recognition of the fact that Métis arose as an Aboriginal people after contact with Europeans. The Court called the appropriate time test for Métis the "post contact but pre-control" test and said that the focus should be on the period after a particular Métis community arose and before it came under the effective control and influence of European laws and customs.
10. Justification – Conservation, health and safety are all reasons that government can use to justify infringing an Aboriginal right. But they have to prove that there is a real threat. Here there was no evidence that the moose population was under threat. Even if it was, the Court said that the Métis would still be entitled to a priority allocation to satisfy their subsistence needs in accordance with the criteria set out in Sparrow. Ontario's blanket denial of any Métis right to hunt for food could not be justified.