'Corbiere v. Canada (Minister of Indian and Northern Affairs) [1999] 2 S.C.R. 203, 1999 SCC 29 is a leading case from the Supreme Court of Canada where the Court expanded the scope of applicable grounds upon which a section 15(1) Charter claim can be based. This was also the first case to use the framework proposed by Law v. Canada. Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... The Supreme Court Building in Ottawa The Supreme Court of Canada is Canadas highest court and is located in the capital city of Ottawa. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ...

Background

Members of the Batchewana Indian Band, on behalf of themselves and all other non-resident members of the band, sought a declaration that section 77(1) of the Indian Act violates section 15(1) of the Charter. The section of the Indian Act states that only band members be "ordinary resident" on the reserve in order to vote in the band elections even though only one third of the registered members live on the reserve. The Indian Act of Canada (1876) (full title An Act respecting Indians) is an Act which establishes the rights of registered Indians and of their bands. ...

Court's ruling

The court unanimously agreed with the Court of Appeal's ruling that the Act violated section 15(1) of the Charter. However, the Court was split 5 to 4 on the proper application of the test.

The majority opinion was written by McLachlin and Bastarache JJ. with Lamer C.J., Major, and Cory JJ. concurring.

The Court found that an analogous ground upon which a section 15 claim can be based must be immutable, either actually immutable, such as race, or constructively immutable such as religion. Furthermore, once a ground is identified as analogous it remains analogous for all circumstances.

The minority opinion was given by L'Heureux-Dubé with Gonthier, Iacobucci and Binnie JJ. concurring.