<P> To give two examples; - A custom of mooring which might have been established in past times for over two hundred years by the fishing fleet of local inhabitants of a coastal community will not simply transfer so as to benefit present day recreational boat owners who may hail from much further afield . </P> <P> Whereas a group of houseboats on a mooring that has been in continuous use for the last 25 years with a mixture of owner occupiers and rented houseboats, may clearly continue to be used by houseboats, where the owners live in the same town or city . </P> <P> Both the purpose of the moorings and the class of persons benefited by the custom must have been clear and consistent . </P> <P> In Canada, customary aboriginal law has a constitutional foundation and for this reason has increasing influence . </P>

Who put forth the theory that custom is not source of law