John B. Edmond

The appellants challenged findings that the Indian Act provision restricting band election voting to members ordinarily resident on the reserve violated the equality rights of off-reserve band members.

The Court held that off-reserve band member status is an analogous ground under s. 15(1), and that the complete denial of voting rights in band governance perpetuated disadvantage and denied substantive equality.

The infringement was not justified under s. 1 because a total exclusion of non-residents was not minimally impairing.

The Court declared the impugned words in s. 77(1) invalid in their general application, suspended the declaration for 18 months, and denied an immediate constitutional exemption.

The appellant, serving a 12-year sentence for manslaughter, was originally entitled to release on mandatory supervision after serving two-thirds of his sentence.

Prior to his release, the Parole Act was amended to allow the Commissioner of Corrections to refer inmates to the National Parole Board if there were reasonable grounds to believe they would commit an offence causing death or serious harm.

The Commissioner referred the appellant's case, and the Board ordered his continued detention.

The appellant challenged the amendment under section 7 of the Charter.

The Supreme Court of Canada held that while the amendment deprived the appellant of a liberty interest, it did not violate the principles of fundamental justice, as it struck a fair balance between the prisoner's interests and the protection of society.