Download Free Decisions Of The Supreme Court Of Nova Scotia Book in PDF and EPUB Free Download. You can read online Decisions Of The Supreme Court Of Nova Scotia and write the review.

Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history.
The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.