Alberta (Aboriginal Affairs And Northern Development) v Cunningham
2011 SCC 37 (Released July 21, 2011)
Constitutional Law – Canadian Charter of Rights and Freedoms – Discrimination
The Respondents, Métis who also identify as status Indians, brought an application alleging that provisions of Alberta's Métis Settlements Act ("MSA") that prohibit status Indians from being members of a Métis settlement violated ss. 15, 2(d) and 7 of the Canadian Charter of Rights and Freedoms ("Charter"). The Chambers Judge dismissed the application.
The Alberta Court of Appeal concluded that the provisions breached s. 15 of the Charter. The Supreme Court overturned the Court of Appeal's decision. Most of its analysis focused on the...
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