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John Corbiere collection

Description
Start Date: 
1998
End Date: 
1999
Date Range: 
1998-1999
Physical Description: 

.20 m of textual records.

Arrangement: 
Chronologically by item type.
History Biographical: 

John Corbiere was a status First Nation belonging to the Batchewana First Nation. He was among the two thirds of Batchewana Band members who did not live on reserve land and were not permitted to vote in band elections. This restriction was imposed by section 77(1) of the Indian Act,[1] which limited the right to vote to band members who are “ordinarily resident on the reserve.”

In 1992, John Corbière and other off-reserve members of the Batchewana First Nation challenged the Indian Act's rule concerning off-reserve voting rights by arguing that it violated the Canadian Charter of Rights and Freedoms because it discriminated against people living off-reserve. In 1999, the Supreme Court of Canada ruled in favour of Corbière, and the Indian Act was amended to allow off-reserve members to vote.
 

Source:
Jim Young, "Equality Rights Section 15: Corbiere v. Canada", Centre for Constitutional Studies, University of Alberta http://ualawccsprod.srv.ualberta.ca/ccs/index.php/constitutional-issues/the-charter/equality-rights-section-15/687-corbiere-v-canada-1999 [accessed 2015 November 3].

Scope Content: 

Fonds comprises records documenting Supreme Court of Canada appeal between the Government of Canada, Batchewana First Nation, and John Corbiere et al. Includes materials submitted by the parties and intervenors and copies of the legal proceedings. 

Repository: 
srsc
Admin
Custodial History: 

Materials in accession 2015-045 were given by G.E. Corbiere to Professor Don Jackson.  They were stored by Jackson until October 26, 2015 when they were transferred to the Shingwauk Residential Schools Centre.

Access Restriction: 

No restrictions on access.

Repro Restriction: 

No restrictions on use.

Conservation: 

Minor conservation performed on fonds.

Geographic Access: 
Description Level: