R. v. Drybones
E715440
R. v. Drybones is a landmark 1970 Supreme Court of Canada decision that strengthened the Canadian Bill of Rights by ruling that a law discriminating against an Indigenous person was inoperative because it violated equality rights.
Statements (42)
| Predicate | Object |
|---|---|
| instanceOf |
Canadian constitutional law case
ⓘ
Supreme Court of Canada decision ⓘ landmark case ⓘ |
| appliedStatute | Canadian Bill of Rights NERFINISHED ⓘ |
| citationJurisdiction | Canada NERFINISHED ⓘ |
| constitutionalContext | pre-Charter Canadian rights protection ⓘ |
| country | Canada ⓘ |
| court | Supreme Court of Canada NERFINISHED ⓘ |
| decisionDate | 1970 ⓘ |
| finding |
the discriminatory provision conflicted with the equality guarantees in the Canadian Bill of Rights
ⓘ
the impugned provision discriminated against an Indigenous person on the basis of race ⓘ |
| fullCaseName | R. v. Drybones NERFINISHED ⓘ |
| held |
a federal law that discriminates on the basis of race can be inoperative under the Canadian Bill of Rights
ⓘ
the Canadian Bill of Rights can render inconsistent federal legislation inoperative NERFINISHED ⓘ |
| impugnedLaw |
a federal law that criminalized certain conduct by an Indigenous person that was not criminal for non-Indigenous persons
ⓘ
a provision of the Indian Act ⓘ |
| influenced |
judicial approaches to the Canadian Charter of Rights and Freedoms
ⓘ
later Canadian equality jurisprudence ⓘ |
| involvedGroup | Indigenous peoples in Canada ⓘ |
| issue |
racial discrimination against an Indigenous person
ⓘ
scope and effect of the Canadian Bill of Rights ⓘ |
| jurisdiction | federal ⓘ |
| languageOfRecord | English ⓘ |
| legalArea |
aboriginal law
ⓘ
constitutional law ⓘ equality rights ⓘ human rights law ⓘ |
| legalEffect | demonstrated that the Canadian Bill of Rights could have quasi-constitutional status ⓘ |
| legalSystem | common law ⓘ |
| levelOfCourt | apex court decision ⓘ |
| partOf |
Canadian constitutional jurisprudence
ⓘ
Canadian human rights jurisprudence ⓘ |
| precedentFor |
interpretation of equality rights in Canadian federal law
ⓘ
judicial review of federal legislation under the Canadian Bill of Rights ⓘ |
| result | impugned provision declared inoperative ⓘ |
| rightsInvolved |
equality before the law
ⓘ
non-discrimination ⓘ |
| significance |
recognized that equality rights in the Canadian Bill of Rights could invalidate discriminatory federal laws
ⓘ
strengthened the Canadian Bill of Rights ⓘ |
| timePeriod | 20th century ⓘ |
| typeOfDiscrimination |
discrimination against Indigenous persons
ⓘ
racial discrimination ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.