The Supreme Court of Canada decision in the Marshall case asserted
sweeping Native treaty rights and generated intense controversy. In
Power without Law Alex Cameron enlivens the debate over judicial
activism with an unprecedented examination of the details of the
Marshall case, analyzing the evidence and procedure in the trial court
and tracing the legal arguments through the Court of Appeal to the
Supreme Court of Canada. He argues that there were critical defects in
the process - the successful argument at the Supreme Court of Canada
was never tested in the lower courts, the Crown's expert was precluded
from testifying about a vital document, the Court's analysis does not
accord with the historical evidence, and the treaty rights are
inconsistent with the colonial law of Nova Scotia. Concluding that the
Marshall decision was the result of incautious judicial activism,
Power without Law challenges us to reconsider the role of our courts
in the Charter era.
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The Supreme Court of Canada, the Marshall Decisions and the Failure of Judicial Activism
Produktdetaljer
ISBN
9780773576674
Publisert
2025
Utgiver
ACP - McGill Queen's University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter