POLS 3130 Chapter Notes - Chapter 2: Canada Pension Plan, Inherent Jurisdiction, Alimony
Document Summary
In 1993- 2 men arrested for violating federal fishing regulations, including fishing without a license, fishing with a prohibited net, fishing eels out of season, and selling eels without a license. Nova scotia provincial court- they conceded these facts, both mikmaq indians argued they were exempt from government regulations citing a clause in the treaties of peace and friendship among the mikmaq and the british crown. Trial judge ruled mikmaq did not have a treaty right to fish or to hunt because the treaty did not specify any rights to obtain the means to trade. Marshalls primary concern was the courts interpretation of the treaties and he appealed the rulings to the nova scotia court of appeal- highest court in the province then persisted to the. He needed a leave to appeal: supreme courts permission to bring his case which it granted (sc chosen to focus on constitutional laws including treaties with canada"s first nations)