LY100 Lecture Notes - Lecture 10: R V Drybones, Lists Of Landmark Court Decisions, Summary Offence
Document Summary
Landmark case: pre- charted case canadian bill rights 1970: r v drybone 1970- constitutional law supreme court of canada decision. Canadian bill rights: subjected to pay a fine of and nothing more then , section 1- without discrimination, equality before the law and protection. Mr. drybones didn"t speak english and didn"t have a lawyer therefore pleading guilty and was sentenced to pay legal fees and $ 50. Got a lawyer to help him appeal his case: legal and factual grounds. An issue: drybones didn"t know english, leading to not knowing to pleading guilty. Territorial court allowed him to remove his case. Trial de nova- new trail- entering a not guilt appeal. Lawyer argued that his client isn"t indian . But drybones was referred to as an indian by the indian act: his identify depended on a piece of paper= white man"s law, argued that there is no reserve within the reign, 94 of the indian act.