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The federal government dodged a potential crisis that would have halted Indian status registrations after the Quebec Court of Appeal begrudgingly gave Ottawa until Christmas to address sex-based discriminatory provisions in the Indian Act and complete a bill that has been held up by the Senate. DescheneauxQCCA This imperative applies to Parliament and not only the courts.
Justice Masse gave the federal government until January to amend the discriminatory provisions before declaring them invalid as an unjustifiable breach of the right to equality guaranteed by section 15 of the Charter.
But the federal government dawdled, before finally introducing in October Bill S-3 — An Act to amend the Indian Act elimination of sex-based inequities in registration. The Senate committee, believing that other forms of discrimination would be perpetuated despite the adoption of Bill S-3, asked the government to request an extension of the suspension of the declaration of invalidity in order to address their concerns.
On JanuaryJustice Masse extended the suspension until July On June Bill S-3 was adopted by the Senate with ificant amendments aimed at completely eliminating any form of sex-based discrimination, but the government opposed the changes, laying the groundwork for another impasse. The federal government asked for another extension, which was denied by Justice Masse. The vast majority of people listed on the Indian register, approximately 90 per cent of the more thanindividuals listed, are registered pursuant to one or another of the provisions which the Descheneaux ruling declared unconstitutional.
On top of that, the Department of Indigenous and Northern Affairs would no longer be able to approve new registration applications, the majority of whom are children, according to an affidavit submitted by the Indian Registrar Nathalie Nepton.
Moreover, the plaintiffs would not obtain any benefit if the declaration of invalidity came into effect, notes David Schulze, a Montreal lawyer who represents the plaintiffs. But the Quebec appeal court also underlines the uncomfortable position the courts have been placed particularly since the landmark Supreme Court of Canada decision on assisted suicide in Carter v. CanadaSCC 4, point out constitutional scholars. The first one flows from the Carter decision and it is whether or not a change in circumstances justifies the extension.
Normally in incidental rulings there is deference to decisions made by trial judges. This is a problem.
Because this is a constitutional question, and it is very political, it seems as if they set a bit aside the rules of procedure. I am an award-winning legal and business journalist. This website is in no way affiliated with any of these publications. Elderly molester to serve sentence in seniors home. Media restrictions in courthouses does not obstruct freedom of expression. Alimony rights for common-law spouses at stake in wealthy couple's battle. Quebec minister has wide powers over immigration rules appeal court. Cancel reply. Next Post Total amount of legal fees not necessarily covered by solicitor-client privilege rules Quebec appeal court.Indian sex Ottawa
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