Welcome to MedLibrary.org. For best results, we recommend beginning with the navigation links at the top of the page, which can guide you through our collection of over 14,000 medication labels and package inserts. For additional information on other topics which are not covered by our database of medications, just enter your topic in the search box below:
R. v. Marshall (No. 1)  3 S.C.R. 456 and R. v. Marshall (No. 2)  3 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish.
The Court held in the first decision that the famous Donald Marshall's catching and selling of eels was valid under 1760 and 1761 treaties between the Mi'kmaq and Britain, and that federal fishery regulations governing a closed fishing season and the regulating and the requirement of licenses to fish and sell the catch would infringe the treaty right.
In the second decision the Court elaborated the extension of Aboriginal treaty rights stating that they are still subject to Canadian law. Both decisions proved highly controversial. The first elicited anger from the non-aboriginal fishing community for giving seemingly complete immunity to aboriginals to fish. The second decision, which was claimed to be an "elaboration", was seen as a retreat from the first decision and angered Aboriginal communities. The second decision was issued on a motion for re-hearing the case brought by fishermen's associations in which the court elaborated in particular about such things as the relationship between treaty rights and conservation that had been more implicit in the first decision.
- Exclusive Economic Zone
- The Canadian Crown and First Nations, Inuit and Métis
- Canadian Aboriginal case law
- Numbered Treaties
- Indian Act
- Section Thirty-five of the Constitution Act, 1982
- Indian Health Transfer Policy (Canada)
- Coates, Ken (2000). The Marshall Decision and Native Rights. p. 128
- William C. Wicken, Mi'kmaq Treaties on Trial: History, Land and Donald Marshall Junior, University of Toronto Press, 2002