CONSTITUTIONAL LAW
Charter of Rights
Equality Rights
Judicial review of respondent’s decisions denying applicants membership in Squamish Nation—Applicants adopted as adults by Squamish parent—Distinction in Squamish Membership Code between biological, adopted children of one Squamish parent infringement of 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—But justified under s. 1—Preservation of Squamish culture pressing, substantial objective, restriction of membership to those of Squamish bloodline rationally connected to objective—That Code provided for discretion to admit adopted children under 18 to membership without bloodline if both parents Squamish demonstrating minimal impairment; result proportionate weighing of detriment to those in applicants’ position with protection of Squamish culture—Application dismissed.
Grismer v. Squamish Indian Band (T-1509-04, 2006 FC 1088, Martineau J., order dated 12/9/06, 33 pp.)