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.

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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)

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Canadian Bill of Rights notableCase R. v. Drybones