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Implementing Reconciliation: The Marshall Case
Brian McLaughlin

Current to: August 2010

At CLEBC’s 2010 Aboriginal Law Conference, Brian McLaughlin provided a fascinating look at the impact of the Supreme Court of Canada’s 1999 decision in R. v. Marshall. In Marshall, the Mi’kmaq established a treaty right to fish, including an ability to sell their catch. He discusses the immediate reaction to the decision and its ongoing implementation, including a case comment on Canada (Attorney General) v. Arsenault, 2009 FCA 300.

Click Here to view a pdf version of the paper.

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This paper was prepared for Aboriginal Law Conference, a CLEBC course held in June 2010. The full collection of course materials is available online and in print.