By Ken Coates
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Sample text
Even in the excitement of the first days after the Supreme Court decision, words of disquiet could be heard among Mi’kmaq and Maliseet people. For Mi’kmaq lawyer Bernd Christmas, the Marshall victory was only a tiny step forward: “We’ve never surrendered our land or our resources and that’s the question that has to be answered. In our view, the treaty is just an off-shoot of that notion of aboriginal title. ”15 Why, Native people asked themselves, were they being restricted to a “moderate” income, particularly when so many non-Aboriginal people had become wealthy from the exploitation of the region’s natural resources?
Debate continued for weeks after the Supreme Court handed down its judgment, rising and declining in temper alongside other developments in the east coast fishery. One theme ran through this regional and national discussion – the decision had fundamentally changed the Maritimes – but no one was sure what it really meant. explaining the judgment Supreme Court judgments are complicated, and making sense of the seventy-page Marshall ruling will take a great deal of time and effort by legal and academic specialists.
Patterson agreed with the use of historical interpretation by Justice Beverley McLachlin (now the Chief Justice), who voted with the minority against Marshall. The contretemps illustrated the profound difficulty involved with using historical material in court processes. Other academic historians, led by Professor Wicken and Dr John Reid of St Mary’s University, testified on behalf of the Mi’kmaq. Justice Binnie heard the complaints. ” Patterson held his comments, for he was then testifying before a New Brunswick court on yet another Mi’Kmaq case (Joshua Bernard), though he did offer a brief observation: ”I think that Mr.