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
where the Court expanded the scope of applicable grounds upon which a section 15(1)
Charter claim can be based. This was also the first case to use the framework proposed by Law v. Canada.
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.
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.
Canadian Aboriginal case law
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 ActIndian 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
- List of Supreme Court of Canada cases (Lamer Court)
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Canadian Aboriginal case law
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- Section Thirty-five of the Constitution Act, 1982Section Thirty-five of the Constitution Act, 1982Section 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...
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