Digests

Aboriginal Peoples

Appeal from Federal Court decision (2007 FC 1036) dismissing application for judicial review of decision by Minister of Indian and Northern Affairs Canada refusing financial assistance under Elementary/Secondary Education Program to student members of Micmac Nation of Gespeg (Band)—Under Program, Minister may contribute to funding of education services offered in band schools and federal schools for students listed on nominal roll as ordinarily resident on reserve—Band herein having no reserve, students therefore excluded for failing to meet residence criterion—Whether criterion of residence on reserve of no force or effect with regard to landless bands because criterion interfering with equality rights of landless bands as guaranteed by Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15—Exclusion of students not living on reserve, within meaning of Program not in violation of s. 15(1)—Allegation of discrimination may have merit, either on one of nine grounds enumerated at s. 15(1) or on analogous ground of discrimination—Appellants failed to demonstrate sufficiency of evidence in record to recognize [translation] “characteristic of being a landless band” as new analogous ground—Appeal dismissed.

Micmac Nation of Gespeg v. Canada (Minister of Indian and Northern Affairs) (A-593-07, 2009 FCA 377, Trudel J.A., judgment dated December 22, 2009, 26 pp.)