''Corbiere v Canada (Minister of Indian and Northern Affairs)''
9992 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''.
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'' violates section 15(1) of the Charter. The section of the ''Indian Act'' states that only band members "ordinary resident" on the reserve be permitted 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)
This is a chronological list of notable cases decided by the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of ...
*
The Canadian Crown and First Nations, Inuit and Métis
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established c ...
*
Canadian Aboriginal case law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
*
Numbered Treaties
The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) ...
*
Indian Act
*
Section Thirty-five of the Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rig ...
*
Indian Health Transfer Policy (Canada)
The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in hea ...
External links
*
Centre for Constitutional Studies: Corbiere v. Canada{{Canadian Aboriginal case law
Canadian Aboriginal case law
Supreme Court of Canada cases
section 15
1999 in Canadian case law