''R. v. Gonzales'' (1962), 37 C.R. 56, was a landmark decision by the
British Columbia Court of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act.
The BCCA hears appeals from the Supreme Court of Britis ...
holding that Section 94(a) of the ''
Indian Act'' did not violate the respondent's equality before the law, guaranteed under section 1(b) of the ''
Canadian Bill of Rights'', because all Indians were treated in the same way. ''Gonzales'' is particularly famous for employing the similarly situated test, which was not used in ''
R. v. Drybones ''R v Drybones'', 970S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the '' Canadian Bill of Rights'' "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court ...
'' and was explicitly rejected by the Supreme Court of Canada in ''
Andrews v. Law Society of British Columbia ''Andrews v Law Society of British Columbia'', 9891 SCR 143 is the first Supreme Court of Canada case to deal with section 15 (equality rights) of the ''Canadian Charter of Rights and Freedoms''. The court outlined a test, sometimes called the "' ...
''.
See also
*''
R. v. Drybones ''R v Drybones'', 970S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the '' Canadian Bill of Rights'' "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court ...
''
*''
Andrews v. Law Society of British Columbia ''Andrews v Law Society of British Columbia'', 9891 SCR 143 is the first Supreme Court of Canada case to deal with section 15 (equality rights) of the ''Canadian Charter of Rights and Freedoms''. The court outlined a test, sometimes called the "' ...
''
*
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 ...
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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 ...
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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) ...
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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
Text of the British Columbia Court of Appeal Decision in the Dominion Law Reports hosted by the University of Saskatchewan
Canadian Aboriginal case law
1962 in Canadian case law
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