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 "ordinary resident" on the reserve be permitted in order to vote in the band elections even though only one third of the registered members live on the reserve.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.See also
* List of Supreme Court of Canada cases (Lamer Court) *The Canadian Crown and First Nations, Inuit and Métis * :Canadian Aboriginal case law, Canadian Aboriginal case law *Numbered Treaties *Indian Act *Section Thirty-five of the Constitution Act, 1982 *Indian Health Transfer Policy (Canada)External links
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