Descheneaux v. Canada, 2015 QCCS 3555 – Case Summary
Documents & Presentations
Author/Creator
Mandell Pinder
Description
Court considered whether registration provisions, which determine eligibility for status, in the Indian Act continued to discriminate against women and their descendants and limited their ability to pass on status, as compared to men. Found that several sections infringed on rights found in section 15 of the Canadian Charter of Rights and Freedoms, declared those sections inoperative, and gave Canadian government 18 months to enact new legislation.