Steelcitygrit [in exile]

Ruminating on all things Canadian and political.

 

Wednesday, August 09, 2006

Constitutional Law 101

Just one more example of how enforcing the "Rule of Law" in Caledonia is anything but:

Renowned constitutional law expert Peter H. Russell said yesterday that while he has great regard for the judge, he knows of nothing in law covering injunctions that would extend a judge's authority to actually step into the negotiations and bring them to a halt.

"I can't see how that would be in his powers."

Russell, now retired from the University of Toronto's political science department, said the issue of native occupancy of the land is a government policy issue. The federal and provincial governments have decided removing the natives "would cause grave disturbance of the peace and ... perhaps a halt to the negotiations," he said.

He also said both governments had the option of asking a higher court to review Marshal's original injunction.

Russell also said "there is no higher law (in Canada) that says failure to deal with a court order is (more serious) than the treaty rights of an aboriginal group.

"I do not know of any constitutional principle that would elevate respect for (an injunction order) of a judge over and above constitutional treaty rights."

(From The Hamilton Spectator)

Those who know the law know that Russell is someone to listen to.

UPDATE: Others have been listening to Russell. Justice Marshall is going to wake up tomorrow with a big black eye.

6 Comments:

Blogger Joanne (True Blue) said...

It's very strange that Justice Marshall never learned this in all his years at school and on the job!

12:59 PM  
Blogger SteelCityGrit said...

I absolutely agree. He clearly just tripped over himself a bit on this one.

1:35 PM  
Blogger Kyle Carruthers said...

Do you have a source for Russel's comments?

1:51 PM  
Blogger SteelCityGrit said...

Hamilton Spectator

6:11 AM  
Blogger Ken Breadner said...

Maybe the judge overstepped his bounds. I can't blame him. He alone seems to understand that negotiating with terrorists only breeds more terrorism. And if you don't believe the Six Nations in Caledonia qualify as 'terrorists', look up the word 'terrorism'. Ask the cops who have been assaulted, the citizenry who have seen their businesses disrupted and their power cut off.
I know of no "constitution treaty rights" that permit these things, do you? Besides, these people are absolutely certain that they are NOT Canadian and our laws do NOT apply to them.

6:36 AM  
Blogger decoin said...

Who knew that blockading a public highway was a treaty right. Marshall has his head so far up his ass that he can see his back molars. What a blessing that this irrelevant academic is retired.

8:05 PM  

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