Lovelace v. Ontario
Encyclopedia
Lovelace v. Ontario, [2000] 1 S.C.R. 950, 2000 SCC 37, was the leading decision by the Supreme Court of Canada
on section 15(2)
of the Charter
, which shields affirmative action
programs from the equality requirement of section 15(1). The Court decided that distribution of casino
profits to a select group of aboriginals
is not discriminatory. The leading case on section 15(2)
is now R. v. Kapp
, 2008 SCC 41.
government gave control of reserve-based gaming activities to several First Nations bands. By 1996 the government enacted the First Nations Fund which restricting the distribution of the profits from the on-reserve casinos to First Nation bands registered under the Indian Act
.
The petitioners were a group of non-registered First Nations bands who were status Indians. The claimed that they were discriminated against by the government under section 15(1) of the Charter.
The Court of Appeal for Ontario ruled against the First Nations bands. The Court ruled that an exception under section 15(2) could be made for any discrimination claims as the purpose of the law was to improve the social and economic conditions of the registered bands.
J. in which he ruled that the claimants failed to establish that the purpose of the First Nations Fund was based on a stereotype. There was a clearly established ameliorative purpose to the fund that did not coincide with the claimants' needs and circumstances.
Iacobucci further examined the purpose of section 15(2). He described it as "confirmatory and supplementary" to section 15 jurisprudence. That is, the section must not be applied separately from section 15(1); rather, it should be used as a guide when analysing claims under section 15(1). Nevertheless, he left open the possibility of different applications of section 15(2) for future cases.
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...
on section 15(2)
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...
of the Charter
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, which shields affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
programs from the equality requirement of section 15(1). The Court decided that distribution of casino
Casino
In modern English, a casino is a facility which houses and accommodates certain types of gambling activities. Casinos are most commonly built near or combined with hotels, restaurants, retail shopping, cruise ships or other tourist attractions...
profits to a select group of aboriginals
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
is not discriminatory. The leading case on section 15(2)
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...
is now R. v. Kapp
R. v. Kapp
R. v. Kapp is a 2008 Supreme Court of Canada case dealing with an appeal from a British Columbia Court of Appeal decision that held that a communal fishing license granted exclusively to Aboriginals did not violate section 15 of the Canadian Charter of Rights and Freedoms...
, 2008 SCC 41.
Background
In a deal made in the early 1990s, the OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
government gave control of reserve-based gaming activities to several First Nations bands. By 1996 the government enacted the First Nations Fund which restricting the distribution of the profits from the on-reserve casinos to First Nation bands registered under 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...
.
The petitioners were a group of non-registered First Nations bands who were status Indians. The claimed that they were discriminated against by the government under section 15(1) of the Charter.
The Court of Appeal for Ontario ruled against the First Nations bands. The Court ruled that an exception under section 15(2) could be made for any discrimination claims as the purpose of the law was to improve the social and economic conditions of the registered bands.
Opinion of the Court
The unanimous Court decisions was given by IacobucciFrank Iacobucci
Frank Iacobucci, CC was a Puisne Justice on the Supreme Court of Canada from 1991 to 2004 when he retired from the bench. He is an expert in business and tax law.-Early career:...
J. in which he ruled that the claimants failed to establish that the purpose of the First Nations Fund was based on a stereotype. There was a clearly established ameliorative purpose to the fund that did not coincide with the claimants' needs and circumstances.
Iacobucci further examined the purpose of section 15(2). He described it as "confirmatory and supplementary" to section 15 jurisprudence. That is, the section must not be applied separately from section 15(1); rather, it should be used as a guide when analysing claims under section 15(1). Nevertheless, he left open the possibility of different applications of section 15(2) for future cases.