LAWS 3509 Lecture Notes - Lecture 7: Profound Decisions, Welfare, Statutory Interpretation
Document Summary
Lecture #7 - analogous grounds and the criteria to identify them. Corbiere v. canada (minister of indian and northern affairs), [1999] 2 s. c. r. The narrow issue raised in this appeal is whether the exclusion of off-reserve members of an. Indian band from the right to vote in band elections pursuant to s. 77(1) of the indian act . There is differential treatment between band members who live on the reserve who have the right to vote and the band members who live off the reserve who don"t have the right to vote. We agree with l"heureux-dub j. that aboriginality-residence (off-reserve band member status) constitutes a ground of discrimination analogous to the enumerated grounds. However, we wish to comment on two matters: (1) the suggestion by some that the same ground may or may not be analogous depending on the circumstances; and (2) the criteria that identify an analogous ground.
