cover image: The Charter of Rights and off-reserve First Nations people : Charter of Rights and offreserve First Nations people : a way to fill the public policy vacuum?

Premium

20.500.12592/4jdxgm

The Charter of Rights and off-reserve First Nations people : Charter of Rights and offreserve First Nations people : a way to fill the public policy vacuum?

3 Mar 2004

Madame Justice L’Heureux-Dubé dismissed the possibility of the distinction having an ameliorative purpose out of hand, noting that no evidence had been presented that would suggest that the legislation, in purpose or effect, ameliorated the position of band members living on reserve, and turned directly to an analysis of the nature of the interest affected by the distinction between on-reserve and [...] The justificatory analysis to be conducted under section 1 of the Charter has two steps, the first being a determination of whether the objective of the offending law is pressing and substantial and the second being a determination of whether the means chosen to achieve the objective are reasonable and demonstrably justified.38. [...] Judicial Attitudes Toward Distinctions in Social Program Design The strict application of the logic of the Law and Corbiere cases to the facts surrounding the provision of social programs to First Nation members suggests that there is a strong argument to be made that the federal government's limitation on its provision of social programs is unconstitutional. [...] As with Law, the challenge to the Canada Pension Plan disability benefits scheme in Granovsky failed because the Court did not find any pre-existing disadvantage or stereotyping of the group “the temporarily disabled” and found, instead, that the limitations on the provision of disability benefits reflected an actual difference in the capacity of the temporarily and permanently disabled to meet th [...] As the purpose of the scheme was to replace employment income for those permanently disabled, this distinction, and the requirement to demonstrate some prior workforce attachment, did not suggest discrimination against the temporarily disabled.73 Further, the Court found that the scheme sought to ameliorate the situation of the permanently disabled, a more disadvantaged group, and reiterated the L
government politics discrimination indians of north america culture ethics justice labour language law social institutions human activities society charter first nations public sphere constitution (law) first nation virtue section 15 section 1 section 15 of the charter section 15 of the canadian charter of rights and freedoms discriminated law v. canada off-reservation indians

Authors

Peach, Ian

ISBN
0773104739
Pages
27
Published in
Canada

Related Topics

All