Corbiere v. Canada (Minister of Indian and Northern Affairs)
Encyclopedia
Corbiere v. Canada [1999] 2 S.C.R. 203, is a leading case from the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 where the Court expanded the scope of applicable grounds upon which a section 15(1)
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...

 Charter claim can be based. This was also the first case to use the framework proposed by Law v. Canada.

Background

Members of the Batchewana Indian Band, on behalf of themselves and all other non-resident members of the band, sought a declaration that section 77(1) of the Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...

 violates section 15(1) of the Charter. The section of the Indian Act states that only band members be "ordinary resident" on the reserve in order to vote in the band elections even though only one third of the registered members live on the reserve.

Court's ruling

The court unanimously agreed with the Court of Appeal's ruling that the Act violated section 15(1) of the Charter. However, the Court was split 5 to 4 on the proper application of the test.

The majority opinion was written by McLachlin and Bastarache JJ. with Lamer C.J., Major, and Cory JJ. concurring.

The Court found that an analogous ground upon which a section 15 claim can be based must be immutable, either actually immutable, such as race, or constructively immutable such as religion. Furthermore, once a ground is identified as analogous it remains analogous for all circumstances.

The minority opinion was given by L'Heureux-Dubé with Gonthier, Iacobucci and Binnie JJ. concurring.

See also


Canadian Aboriginal case law
  • Numbered Treaties
    Numbered Treaties
    The numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...

  • Indian Act
    Indian Act
    The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...

  • Section Thirty-five of the Constitution Act, 1982
    Section Thirty-five of the Constitution Act, 1982
    Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...

  • Indian Health Transfer Policy (Canada)
    Indian Health Transfer Policy (Canada)
    The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into...


External links

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