People v. LeBlanc

In People v. LeBlanc, 399 Mich 31; 248 NW2d 199 (1976), the Supreme Court of Michigan held that: Specifically, with regard to the state's authority to regulate off-reservation fishing rights, the state regulation is valid only if: (1) it is necessary for the preservation of the fish protected by the regulation; (2) the application of the regulation to the Indians holding the off-reservation fishing right is necessary for the preservation of the fish protected; (3) and the regulation does not discriminate against the treaty Indians. It is well settled that courts are bound to construe treaties liberally in favor of Native Americans, in a way to "reserve to the Tribes all rights necessary to effectuate the purpose of the Treaty." Grand Traverse Band, supra at 639; Swim v. Bergland, 696 F2d 712, 716 (CA 9 1983). So far as possible, treaties are to be interpreted as the Native Americans would have understood them. LeBlanc, supra at 40.