Digests

Decision Information

Decision Content

CONSTITUTIONAL LAW

Charter of Rights

Equality Rights

Appeal from Tax Court of Canada decision (2004 TCC 767) respondent’s equality rights violated contrary to Canadian Charter of Rights and Freedoms, s. 15 as government officials deliberately excluding respondent from Band List—Tax Court erred in holding respondent not obliged to serve notices of constitutional question, in finding Charter violation—Appeal allowed—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.

Canada v. Wetzel (A‑714‑04, 2006 FCA 103, Sexton J.A., judgment dated 14/3/06, 17 pp.)

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