CONSTITUTIONAL LAW
Charter of Rights
Equality Rights
Judicial review of decision by Human Resources and Skills Development (HRSDC) to enter into a single Aboriginal Human Resources Development Agreement (AHRDA) on Prince Edward Island (PEI) with the Mi’kmaq Confederacy of Prince Edward Island—AHRDA replacing three former agreements, one with each of two Bands and one with Native Council representing off-reserve persons—Applicants off-reserve Aboriginal persons in PEI—Appropriate comparator group on-reserve Aboriginal persons in PEI—Discrimination contrary to 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 as applicants, other off-reserve Aboriginal persons excluded from community control as excluded from voting for Board—Aboriginal residence analogous ground—Infringement not saved by s. 1 as not minimal impairment—Application allowed—HRSDC ordered to provide means within 12 months of satisfying obligation of including representation of off-reserve person within revised agreement, existing agreement to continue in place while appropriate revisions negotiated, implemented—HRSDC not breaching procedural fairness.
Gallant v. Canada (Attorney General) (T-618-05, 2007 FC 1, Pinard J., judgment dated 3/1/07, 28 pp.)