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.