1.

Record Nr.

UNINA9910783761503321

Autore

Coates Kenneth <1956->

Titolo

The Marshall decision and native rights [[electronic resource] /] / Ken S. Coates

Pubbl/distr/stampa

Montréal [Que.], : McGill-Queen's University Press, c2000

ISBN

1-282-85894-7

9786612858949

0-7735-6877-8

Descrizione fisica

xxiii, 246 p

Collana

McGill-Queen's native and northern series ; ; 25

Disciplina

323.1/19730715

Soggetti

Malecite Indians - Government relations

Mi'kmaq peoples - Government relations

Natural resources - Government policy - Maritime Provinces

Malecite Indians - Legal status, laws, etc

Mi'kmaq peoples - Legal status, laws, etc

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Includes index.

Nota di bibliografia

Includes bibliographical references (p. [223]-236) and index.

Nota di contenuto

Front Matter -- Contents -- Preface -- Acknowledgments -- Of Eels, Judges, and Lobsters: The Marshall Challenge and the Supreme Court Decision -- Paying the Price for History: Mi’kmaq, Maliseet, and Colonists from Treaties to Irrelevance -- Mi’kmaq and Maliseet Frustrations: Social Crises and Government Responses -- Prelude to Marshall: Aboriginal and Treaty Rights in Canada -- Thomas Peter Paul and the Mi’kmaq Logging Dispute -- The Marshall Crisis and East Coast Confrontations -- Postlude to Marshall: Joshua Bernard, Lobster Licences, and the Refinement of Mi’kmaq Rights -- What Does It Mean? The Marshall Decision, East Coast Fisheries, and Aboriginal Rights -- Appendices -- Maritime First Nations Communities: Population -- Lobster Quotas and Mi’kmaq Fishing Rights -- Treaty of 1760 -- Notes -- Index

Sommario/riassunto

In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a



major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.