Open AccessThe Bill of Rights and the Indian Act - Either? Or?
Author(s) -
R. Michael M’Gonigle
Publication year - 1977
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2287
Subject(s) - supreme court , confusion , statutory law , law , situated , test (biology) , bill of rights , power (physics) , political science , psychology , human rights , computer science , paleontology , physics , quantum mechanics , artificial intelligence , psychoanalysis , biology
review of cases concerning the relationship between the Bill of Rights and the Indian Act shows judicial confusion. The author analyzes the three major Supreme Court of Canada decisions and shows how "equality before the law" has been defined. He then applies the American "reasonable classification" test to the relationship by identifying the purpose of the above Acts to see if they apply to all persons who are similarly situated with respect to the said purpose. Mr. M'Gonigle concludes that the test is applicable to distinguish between discriminatory exercise of statutory power and one which reflects concern for the Indians, and further suggests the manner in which the three cases and all future cases should be judicially approached.