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Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron, Dianne Pothier
Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron, Dianne Pothier
Dianne Pothier Collection
Alex Cameron’s book, Power Without Law, is a scathing critique of the Supreme Court of Canada’s 1999 decisions in R. v. Marshall upholding Donald Marshall Jr.’s Mi’kmaq treaty claim. Cameron’s book has attracted a lot of attention because of the author’s position as Crown counsel for the government of Nova Scotia. Cameron was not involved as a lawyer in the Marshall case itself. As a fisheries prosecution, Marshall was a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, 3 and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent …
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
Dianne Pothier Collection
On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …
"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier
"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier
Dianne Pothier Collection
If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.