By David Hawkes
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Extra info for Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles
9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. R. 104. The application of the term to Metis people remains contentious, however. Brian Slattery, "Understanding Aboriginal Rights," 66 Can. Bar Rev. 727, (1987) pp. 736-737. C. 1970, Appendix II, No. 1. St. Catherines' Milling & Lumber Co. v. R. 577, p. 652, per Gwynne, J. For example, see Colder v. -G. C. R. ), p. " Canada, Report on the Affairs of the Indians in Canada, (Journals, Legislative Assembly), 1847, Appendix T, p.
The Canadian Bill of Rights Section l(b) of the Canadian Bill of Rights57 provides: 1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following rights and fundamental freedoms, namely, (b) the right of the individual to equality before the law and the protection of the law; In the celebrated case of R. v. Drybones,58 s. l(b) was found to render inoperative a section of the Indian Act which made it an offence for an Indian to be intoxicated off a reserve on the basis that: ...
It does not purport, however, to deprive aboriginal people of the benefit of Charter rights. 25 is generally viewed as an acknowledgement of their special collective rights which are vulnerable to erosion in favour of individually focused Charter rights, while the benefit of individual Charter rights pertain to them as individuals. Section 25, along with the provisions of Part II of the Constitution Act, 1982 which immediately follow the Charter, is plainly a recognition of the special place of aboriginal peoples in the fabric of Canada.