The Court's Exercise of Plenary Power: Rewriting the Two-Row Wampum

Supreme Court Law Review, Second Series, Vol. 16, pp. 285-301, 2002

18 Pages Posted: 23 Feb 2011

See all articles by Gordon Christie

Gordon Christie

University of British Columbia (UBC), Faculty of Law

Date Written: 2002

Abstract

This paper focuses on the Supreme Court of Canada's decision in Mitchell v. M.N.R., [2001] S.C.R. 911, as an illustration of what is wrong in contemporary jurisprudence on Aboriginal rights. The concurring judgment of Binnie J. is discussed as a potential preview to the Court's approach to claims of Aboriginal self-determiniation. This paper digs into the ruins of Aboriginal law, to make sense of the doctrine of sovereign incompatibility, to come to some sense of how the field of Aboriginal law has come to trap Aboriginal peoples. The paper closes with suggestions about how Aboriginal rights might be resurrected from the ruins of Aboriginal law.

Keywords: Aboriginal law, Aboriginal rights

Suggested Citation

Christie, Gordon, The Court's Exercise of Plenary Power: Rewriting the Two-Row Wampum (2002). Supreme Court Law Review, Second Series, Vol. 16, pp. 285-301, 2002, Available at SSRN: https://ssrn.com/abstract=1754016

Gordon Christie (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
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604 822 9872 (Phone)

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