COURT OF APPEAL FOR BRITISH COLUMBIA

Similar documents
Telephone: Facsimile:

Bill C-3 Gender Equity in Indian Registration Act

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR BRITISH COLUMBIA

Bill S-3: An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)

COURT OF APPEAL FOR BRITISH COLUMBIA

PETITIONER COMMENTS IN RESPONSE TO STATE PARTY S SUBMISSION ON THE ADMISSIBILITY AND MERITS OF THE APPLICANTS PETITION TO THE HUMAN RIGHTS COMMITTEE

2008 BCCA 404 Get Acceptance Corporation v. British Columbia (Registrar of Mortgage Br...

IN THE SUPREME COURT OF BRITISH COLUMBIA

Report to Parliament. Gender Equity in Indian Registration Act

COURT OF APPEAL FOR BRITISH COLUMBIA

COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL. No.: ( ) DATE: AUGUST 18, 2017

COURT OF APPEAL FOR BRITISH COLUMBIA

LOCAL GOVERNMENT BYLAW NOTICE ENFORCEMENT ACT

Design Of The Collaborative Process On The Broad Issues Related To Indian Registration, Band Membership And First Nation Citizenship

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And Bartram v. Glaxosmithkline Inc., 2011 BCCA 539 Date: Docket: CA Meah Bartra

MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA. BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION and THE JOHN HOWARD SOCIETY OF CANADA

COURT OF APPEAL FOR THE YUKON TERRITORY

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR BRITISH COLUMBIA

COURT OF APPEAL FOR BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR YUKON

IN THE SUPREME COURT OF BRITISH COLUMBIA

FEDERAL COURT. THE BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION and THE CANADIAN ASSOCIATION OF REFUGEE LAWYERS. - and -

2011 PRE-BUDGET SUBMISSION

IN THE SUPREME COURT OF BRITISH COLUMBIA

CITATION: Ontario Federation of Anglers and Hunters v. Ontario, 2015 ONSC 7969 COURT FILE NO.: 318/15 DATE:

Batty v City of Toronto: Municipalities at Forefront of Occupy Movement

IN THE SUPREME COURT OF THE YUKON TERRITORY

IN THE SUPREME COURT OF BRITISH COLUMBIA

NOTICE OF ANNUAL GENERAL MEETING

IN THE SUPREME COURT OF BRITISH COLUMBIA

The MacMillan Bloedel Settlement Agreement

% AND: FACTUM OF THE INTERVENOR COUNCIL OF FOREST INDUSTRIES. No. CA Vancouver Registry COURT OF APPEAL BETWEEN:

THE LAW SOCIETY OF BRITISH COLUMBIA. In the matter of the Legal Profession Act, SBC 1998, c. 9. and a hearing concerning GEORGE COUTLEE RESPONDENT

The Canadian Constitution

OWEEKENO NATION TREATY FRAMEWORK AGREEMENT

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA TRAVIS KELLY, CHRISTOPHER TROTCHIE, TRAVIS BARA AND WEST COAST PRISON JUSTICE SOCIETY

IN THE ONTARIO COURT OF APPEAL (ON APPEAL FROM THE DIVISIONAL COURT)

SUBMISSION OF THE NATIVE WOMEN S ASSOCIATION OF CANADA REGARDING THE UNIVERSAL PERIODIC REVIEW OF CANADA BY THE HUMAN RIGHTS COUNCIL

HUMAN RIGHTS TRIBUNAL OF ONTARIO INTERIM DECISION

COURT OF APPEAL FOR BRITISH COLUMBIA

COURT OF QUEEN S BENCH OF MANITOBA

COURT OF APPEAL FOR BRITISH COLUMBIA

Does the Crown Hold a Duty to Consult Aboriginal Peoples Prior to Introducing Legislation?

Consultation with First Nations and Accommodation Obligations

Part 44 Alberta Divorce Rules

Chapter 11. Legal Resources. Primary and Secondary Sources of Law

IN THE SUPREME COURT OF BRITISH COLUMBIA

TRIBUNAL D APPEL EN MATIÈRE DE PERMIS

and THE ATTORNEY GENERAL OF CANADA AND CLIFFS NATURAL RESOURCES INC ORDER

RULES OF PROCEDURE OF THE UNITED NATIONS APPEALS TRIBUNAL

IN THE SUPREME COURT OF BRITISH COLUMBIA

COURT OF APPEAL FOR ONTARIO

TOP FIVE R v LLOYD, 2016 SCC 13, [2016] 1 SCR 130. Facts. Procedural History. Ontario Justice Education Network

IN THE SUPREME COURT OF BRITISH COLUMBIA

HUL'QUMI'NUM TREATY GROUP FRAMEWORK AGREEMENT

IN THE SUPREME COURT OF BRITISH COLUMBIA

BY-LAW NUMBER 1. A by-law relating generally to the conduct of the affairs of

COURT OF APPEAL FOR BRITISH COLUMBIA

Key Elements of a Stand Alone Citizenship Code (24 Elements) MODEL. Expresses the beliefs, values, philosophy and, or principles of the First Nation;

IN THE SUPREME COURT OF BRITISH COLUMBIA

Goals for Today. Membership Codes. Brought to you by: Skeetchestn Indian Band Council and Administration, and Sonya Pighin Law

BYLAWS CHARTERED PROFESSIONAL ACCOUNTANTS OF ALBERTA. (effective September 20, 2016)

IN THE SUPREME COURT OF BRITISH COLUMBIA

Parliamentary Research Branch THE RODRIGUEZ CASE: A REVIEW OF THE SUPREME COURT OF CANADA DECISION ON ASSISTED SUICIDE

Tripartite Education Framework Agreement

VOTES AND PROCEEDINGS No. 2

Canadian Aboriginal Law to 10.5 hours of CLE, MCLE or professional development credits. Approved for up

Order F09-18 VANCOUVER POLICE DEPARTMENT. Celia Francis, Senior Adjudicator. November 6, 2009

Rules for the Permanent Appeal Committee for The Liberal Party of Canada

BYLAWS TABLE OF CONTENTS. 100 Definitions... 1

Compliance audits 22. (1) The Commission is responsible for the enforcement of the obligations imposed on employers by sections 5, 9 to 15 and 17.

THE GENESIS OF ABORIGINAL RIGHTS AND THE DUTY TO CONSULT

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Black, 2006 BCSC 1357 Regina v. Date: Docket: Registry: Kelowna 2006 BCSC 1357

Tsilhqot'in Nation v. British Columbia Page 2 [1] In this action the plaintiff sought, inter alia, declarations of Aboriginal title to land in a part

Schedule A Review Board Rules of Procedure

Alberta (Attorney General) v. Krushell, 2003 ABQB 252 Date: Action No

McNeil Disclosure Packages

THE RULE BOOK OF MARPUTU ABORIGINAL CORPORATION (ICN 8085)

COURT OF APPEAL FOR BRITISH COLUMBIA

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION. Against. Gerard Joseph MacDonald

Initial Interest Confusion Doctrine: Is the Door Opening in Canada?

RULES OF PRACTICE AND PROCEDURE. May 14, 2015

NOTICE OF APPLICATION

Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992

SUPREME COURT OF YUKON

College of Chiropodists v. Peter Wilson Summary of the Decision of the Panel of the Discipline Committee

THE QUEEN'S BENCH WINNIPEG CENTRE. APPLICATION UNDER Queens Bench Rule 14.05(2)(c)(iv) WESTERN CANADA WILDERNESS COMMITTEE, - and -

Office of the Commissioner of Lobbying Ottawa, Ontario September 24, The Lobbyists Code of Conduct A Consultation Paper

Chapter 2. The Canadian Charter of Rights and Freedoms

SUPERIOR COURT OF JUSTICE STATEMENT OF CLAIM

Bill S-6 and the First Nations Elections Act: The Modernization/Paternalization of Voting under the Indian Act

Transcription:

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And And McIvor v. Canada (Registrar of Indian and Northern Affairs), 2010 BCCA 338 Sharon Donna McIvor and Charles Jacob Grismer The Registrar, Indian and Northern Affairs Canada The Attorney General of Canada Date: 20100702 Docket: CA035223 Respondents (Plaintiffs) Appellants (Defendants) Native Women s Association of Canada, Congress of Aboriginal Peoples, First Nations Leadership Council, West Moberly First Nations, T Sou-ke Nation, Grand Council of the Waban-Aki Nation, the Band Council of the Abenakis of Odanak and the Band Council of the Abenakis of Wôlinak, Aboriginal Legal Services of Toronto Intervenors (Defendants) Before: The Honourable Madam Justice Newbury The Honourable Mr. Justice Tysoe The Honourable Mr. Justice Groberman Supplementary Reasons (Further Extension of Suspension of Declaration of Invalidity) to Court of Appeal for British Columbia, April 6, 2009 (McIvor v. Canada (Registrar of Indian and Northern Affairs), 2009 BCCA 153, No. CA035223) and April 1, 2010 (McIvor v. Canada (Registrar of Indian and Northern Affairs), 2010 BCCA 168, No. CA035223) Counsel for the Appellants: Mitchell R. Taylor, Q.C. Glynis Hart Brett C. Marleau Sean Stynes

McIvor v. Canada (Registrar of Indian and Northern Affairs) Page 2 Counsel for the Respondents: Robert W. Grant Gwen Brodsky Date of Written Submissions: June 21, 2010 Place and Date of Judgment: Supplementary Reasons of the Court Vancouver, British Columbia July 2, 2010

McIvor v. Canada (Registrar of Indian and Northern Affairs) Page 3 Supplementary Reasons of the Court: [1] In our judgment of April 6, 2009, we found that certain aspects of ss. 6(1)(a) and (c) of the Indian Act, R.S.C. 1985, c. I-5, infringe s. 15 of the Canadian Charter of Rights and Freedoms and are not saved by s. 1. We declared the impugned sections of the Indian Act to be of no force and effect, but suspended the declaration s operation for one year in order to allow Parliament to amend the legislation to bring it into conformity with the Charter. Our order provided that any party was at liberty to apply to extend the period of suspension. On April 1, 2010, on the application of the Attorney General of Canada, we granted an extension of the period of suspension to July 5, 2010. [2] The Attorney General of Canada now applies for a further extension of the period of suspension to January 31, 2011. The application for a further extension is supported by the respondents. [3] On March 11, 2010, the government introduced Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs). The short title of the resulting statute, if enacted, will be the Gender Equity in Indian Registration Act. The bill received second reading in the House of Commons on March 29, and was referred to the Standing Committee on Aboriginal Affairs and Northern Development. [4] During the month of April, the Standing Committee devoted six meetings to hearing witnesses and engaging in a detailed consideration of the bill. The Committee made its report to the House of Commons on April 29, with amendments to the bill. On May 11, 2010, the Speaker ruled certain amendments to be impermissible, and the bill was ordered reprinted. [5] The House of Commons commenced debate at the report stage on May 25, 2010. Debate did not conclude on that date, and the bill was not re-called in the

McIvor v. Canada (Registrar of Indian and Northern Affairs) Page 4 House before it adjourned for the summer on June 17. The House of Commons is not scheduled to sit again until September 20. [6] There were, we are advised, inter-party discussions on the bill between May 25 and June 17, 2010. We have been provided with some material that indicates that the bill s passage through the House of Commons has been slowed down because some members of the House wish to broaden the bill to deal with issues beyond those specifically raised by this Court s decision of April 6, 2009. [7] In explanation of the request for a rather lengthy extension, the Attorney General of Canada s submissions explain that, When Parliament resumes there will be multiple priorities and a number of bills vying for debate. [8] Parliament, of course, is the master of its own procedure, and we do not in any way wish to interfere with its processes. The Court recognizes that there are many issues that must be dealt with in Parliament. We would remind the Attorney General, however, that a final determination by the courts that provisions of the Indian Act violate constitutional rights is a serious matter that must be dealt with expeditiously. We would also observe that while efforts of Members of Parliament to improve provisions of the Indian Act not touched by our decision are laudable, those efforts should not be allowed to unduly delay the passage of legislation that deals with the specific issues that this Court has identified as violating the Charter. [9] We are satisfied that there has not, to date, been undue delay in Parliament s response to our decision, and are prepared to grant an extension of the suspension of our declaration of invalidity to January 31, 2011.

McIvor v. Canada (Registrar of Indian and Northern Affairs) Page 5 [10] The division of the Court that heard the appeal will remain seized of this matter until the end of the period of suspension, and will retain the power to vary the period of suspension on the application of any party. The Honourable Madam Justice Newbury The Honourable Mr. Justice Tysoe The Honourable Mr. Justice Groberman