CONSTITUTIONAL LAW
Charter of Rights
Equality Rights
Appeal from Federal Court decision (2007 FC 1) Human Resources and Skills Development Canada decision to enter into single Aboriginal Human Resources Development Agreement in Prince Edward Island unjustifiable violation of respondents’ rights under 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, based on their status as off-reserve Aboriginal people—Premature for Judge to find s. 15 rights violated as there was no evidence respondents suffered disadvantage claimed—Judge also misread respondents’ claim, and as such improperly applied case law—Appeal allowed.
Gallant v. Canada (Attorney General) (A-69-07, A-71-07, 2007 FCA 392, Desjardins J.A., judgment dated 5/12/07, 6 pp.)