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Alex M. Cameron, Power Without Law. The Supreme Court Of Canada, .The Marshall Decisions, And The Failure Of Judicial Activism, Dianne Pothier
Alex M. Cameron, Power Without Law. The Supreme Court Of Canada, .The Marshall Decisions, And The Failure Of Judicial Activism, Dianne Pothier
Dalhousie Law Journal
Alex Cameron's book, Power WithoutLaw, is a scathing critique ofthe 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 Marshallcase itself. As a fisheries prosecution, Marshallwas a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent case dealing with the same series …