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Jurisprudence

2000

Indigenous, Indian, and Aboriginal Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Marshalling Principles From The Marshall Morass, Leonard Rotman Apr 2000

Marshalling Principles From The Marshall Morass, Leonard Rotman

Dalhousie Law Journal

The Marshall case is the latest in a long series of Supreme Court of Canada decisions concerned with the interpretation of treaties between the Crown and aboriginal peoples in Canada. While the majority and minority judgments agreed on the principles of treaty interpretation to be applied in the case, the significant divergence in opinion between the majority and minority decisions provides important commentary on the differences between articulating and applying these principles. The Marshall case is also noteworthy for the manner in which it addresses similarities and differences pertaining to aboriginal and treaty rights. Because of these various traits, the …


The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya Jan 2000

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

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