The Marshall Decision and Native Rights in the Maritimes

by Kenneth S. Coates

In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country.

Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights, The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.

432 pages, Paperback

First published November 9, 2000

About the author

See also Ken S. Coates

Coates, K. 1956-
Coates, K. S. (Kenneth Stephen), 1956-
Coates, Ken, 1956-
Coates, Ken S. (Kenneth Stephen), 1956-
Coates, Kenneth, 1956-....
Coates, Kenneth S., 1956-
Coates, Kenneth Stephen 1956-

Ken Coates (born in Alberta in 1956 and raised in Whitehorse, Yukon) is a Canadian historian focused on the history of the Canadian North and Aboriginal rights and indigenous claims. Other areas of specialization include Arctic sovereignty;[1] science, technology and society, with an emphasis on Japan; world and comparative history; and post-secondary education.

Reviews

[Derek Simon · Rating 3 out of 5]

As an overview of the public debate around the Marshall decision, this book does a decent job. Unfortunately, it doesn't get much beyond a summary of the public positions, and offers very little in the way of deeper insight, original ideas, or real solutions to the problems raised. It serves as a general intorduction to the topic, but doesn't get much beyond that. At this point, it is also many years out of date; it would be interesting to revisit the issues with teh benefit of time and hindsight.