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Status An Indian whose name is in the Indian Register established by the Act is said to have Indian status or treaty status. An Indian who is not registered is said to be a non-status Indian. Prior to 1985 status was often lost in ways which are now considered unfair. In Attorney General Of Canada V. Lavell (1974), these discriminatory laws were upheld despite arguments made under the Canadian Bill Of Rights . The Act was nevertheless amended in 1985 to restore status to people who had lost it in one of these ways, and to their children. Before the amendment, the ways in which status were lost were:
Case law The act was at the centre of the 1969 Supreme Court case R. V. Drybones regarding the conflict of a clause forbidding Indians to be drunk off the reserve with the Bill of Rights. The case is remembered for being one of the few in which the Bill of Rights prevailed. In Corbiere V. Canada (1999), voting rights on reserves were extended under Section Fifteen Of The Canadian Charter Of Rights And Freedoms . See also External link |