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Author Topic: Steelhead Voices: Another and Important Perspective  (Read 1783 times)

wildmanyeah

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Re: Steelhead Voices: Another and Important Perspective
« Reply #15 on: October 26, 2020, 01:06:51 PM »

History generally has found in most cases FNs in all of North America did not understand the full meaning of the treaties they agreed to.


The Mi'kmaw Chief from Cape Breton concurred: "As long as the Sun and Moon shall endure ... so long will I be your friend and ally, submitting myself to the Laws of your Government, faithful and obedient to the Crown
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RalphH

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Re: Steelhead Voices: Another and Important Perspective
« Reply #16 on: October 26, 2020, 01:27:06 PM »

you and anyone who thinks the SCOC may have been biased should try to read the Marshall judgement from 1999:

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1739/index.do

wildmanyeah

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Re: Steelhead Voices: Another and Important Perspective
« Reply #17 on: October 26, 2020, 01:40:48 PM »

you and anyone who thinks the SCOC may have been biased should try to read the Marshall judgement from 1999:

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1739/index.do

who is you? if its me where did I state they have a biased?
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wildmanyeah

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Re: Steelhead Voices: Another and Important Perspective
« Reply #18 on: October 26, 2020, 02:00:54 PM »

you and anyone who thinks the SCOC may have been biased should try to read the Marshall judgement from 1999:

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1739/index.do

Is a moderate living a basic income? isn't that something all canadians be entitled too?  haha do we want to go down that path.

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RalphH

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Re: Steelhead Voices: Another and Important Perspective
« Reply #19 on: October 26, 2020, 04:17:26 PM »

who is you? if its me where did I state they have a biased?

what the 1760 treaty means and how it binds or doesn't bind members of the Mi'kmaq was discussed in the ruling. Since you supplied some quotes on that (no idea where they came from) I thought you, might like to read the SCOC ruling I provided since that is the latest specific case on their " submitting myself to the Laws of your Government" which Donald Marshall did. He got arrested and went to court to assert his right under that treaty.

As then Justice and later Chief Justice Beverly McLachlin said: "the appellant [Marshall] is guilty as charged unless his activities were protected by an existing aboriginal or treaty right.  No reliance was placed on any aboriginal right; the appellant chooses to rest his case entirely on the Mi’kmaq treaties of 1760-61."

BTW McLauhlin was one of 2 of the 7 judges that dissented with the majority ruling that Marshall was protected by the 1760-61 treaty which indicates to me there was a fulsome debate on the matter among the Justices and no Professors evidence was ignored nor was there any taint of bias in the ruling.

wildmanyeah

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Re: Steelhead Voices: Another and Important Perspective
« Reply #20 on: October 26, 2020, 05:53:07 PM »

what the 1760 treaty means and how it binds or doesn't bind members of the Mi'kmaq was discussed in the ruling. Since you supplied some quotes on that (no idea where they came from) I thought you, might like to read the SCOC ruling I provided since that is the latest specific case on their " submitting myself to the Laws of your Government" which Donald Marshall did. He got arrested and went to court to assert his right under that treaty.

As then Justice and later Chief Justice Beverly McLachlin said: "the appellant [Marshall] is guilty as charged unless his activities were protected by an existing aboriginal or treaty right.  No reliance was placed on any aboriginal right; the appellant chooses to rest his case entirely on the Mi’kmaq treaties of 1760-61."

BTW McLauhlin was one of 2 of the 7 judges that dissented with the majority ruling that Marshall was protected by the 1760-61 treaty which indicates to me there was a fulsome debate on the matter among the Justices and no Professors evidence was ignored nor was there any taint of bias in the ruling.

Why do you think they amended decision latter to say conservation and other public interests rather then keeping the original ruling?  If the original ruling was so solid and based on the treaty right why amended it?
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RalphH

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Re: Steelhead Voices: Another and Important Perspective
« Reply #21 on: October 27, 2020, 04:15:44 PM »

May have something to do with Sparrow which was issued 15 years before Marshall. BTW the ruling is for a moderate livelihood.

wildmanyeah

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Re: Steelhead Voices: Another and Important Perspective
« Reply #22 on: October 28, 2020, 09:12:51 AM »

May have something to do with Sparrow which was issued 15 years before Marshall. BTW the ruling is for a moderate livelihood.

no need to define what a moderate livelihood is tho...

https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20201026/-1/34111?Language=English&Stream=Video
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