Power Without Law: The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism

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McGill-Queen's Press - MQUP, Oct 1, 2009 - Law - 244 pages
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The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy.
 

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Contents

Introduction
3
1 The Canadian Constitution
14
2 Judicial Activism and Its Critics
23
3 The Legal Background to Marshall No 1
44
4 Marshall No 1 in the Trial Court
48
5 The Court of Appeal
71
Marshall No 1
75
7 Fire on the Water and Marshall No 2
82
10 Trade Treaties and the Constitution
112
The Rights of British Subjects and a Promenade Down Barrington Street
118
Legal Uncertainty and Government Response
127
13 Stephen MarshallBernard
132
14 The Failure of Judicial Activism
143
R v Marshall No 1
152
Notes
215
Index
241

8 Rewriting Nova Scotia History
89
The Hovering Treaty Right
105

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About the author (2009)

Alex M. Cameron studied law at Oxford and Dalhousie Universities and practices constitutional litigation in Nova Scotia.

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