Philosophy 2080 Lecture Notes - Lecture 17: R V Drybones, Indian Act, Fundamental Justice

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Note: this bill of rights was enacted by the deifenbaker federal government, in: it was the precursor to the charter of rights and freedoms. The court took the brave first step of declaring a particular part of the indian act inoperative as being inconsistent with the guarantees in the bill of rights. This bill of rights is not entrenched, and this case is the only significant case that has used it in this way. Although the bill of rights does contain a reference to a right to property, it has been considered outdated and rendered largely moot due to the passing of the charter. Still, drybones was a bold and forward-looking decision. 1962 - gonzalez case - as long as it treats all who it applies to with equality before the law - i. e. all indians, then it"s okay, equality means all indians equally.