CONSTITUTIONAL LAW
Charter of Rights
Equality Rights
Judicial review seeking declaration Leq’a:mel First Nation Election Regulations, ss. 3.1(b), 4.1(b) invalid based on 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—Applicant Band member residing in Vancouver—Unable to vote, be candidate in election for chief, council because Regulations excluding those residing outside traditional territory, only part of which reserve land—Three‑stage analysis set out in Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497 applied—Off‑reserve Aboriginality residence found to constitute analogous ground in Corbiere v. Canada (Minister of Indian and Northern Affairs), [1999] 2 S.C.R. 203 extended to residence off traditional lands—Regulations infringing Charter, s. 15, not justified under s. 1, declared invalid—Order suspended until August 1, 2008.
Thompson v. Leq’a:mel First Nation Council (T‑567‑06, 2007 FC 707, Strayer D.J., judgment dated 5/7/07, 17 pp.)