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Originally Posted by First Lady
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I don't mean any offence, but your husband's interpretations of the Crown's treaties with First Nations peoples leaves much to be desired.
For a more thoughtful take, I highly recommend this article written by Dwight Newman (my old constitutional law professor):
Contractual and Covenantal Conceptions of Modern Treaty Interpretation.
Newman cites this passage (I think is particularly poignant in light of current circumstances) from Binnie J. (in the SCC's decision in
Little Salmon) in the conclusion of his article:
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...as the facts of this case show, the treaty will not accomplish its purpose if it is interpreted by territorial officials in an ungenerous manner or as if it were an everyday commercial contract. The treaty is as much about building relationships as it is about the settlement of ancient grievances.”
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