Kimberly R. Murray

The respondents sought to be registered as Indians under s. 6(1)(a) of the Indian Act, arguing that the 1952 Order-in-Council enfranchising their ancestor was obtained by fraud.

The Registrar refused the application, registering the ancestor under s. 6(1)(d) instead, which precluded the descendants from registration.

The Superior Court allowed the respondents' appeal, finding the Registrar could look behind the Order-in-Council.

The Court of Appeal allowed the Crown's appeal, holding that the Registrar and the Superior Court lack jurisdiction to invalidate or look behind a subsisting Order-in-Council, as exclusive jurisdiction to review such federal orders rests with the Federal Court.

The appellant, an aboriginal offender, appealed his sentence.

The Crown conceded that the trial judge erred in law by failing to apply s. 718.2(e) of the Criminal Code or the Gladue principles.

The Court of Appeal allowed the appeal, reducing the sentence to time served, as the appellant's mandatory release date was in one month and no restorative purpose would be served by further incarceration.

The probation period was extended from twelve to fifteen months to enable restorative treatment.

The appellant, an Aboriginal offender, appealed his sentence.

The Crown conceded that the trial judge erred in law by failing to consider section 718.2(e) of the Criminal Code, which requires a different methodology for assessing a fit sentence for an Aboriginal offender.

The Court of Appeal, having reviewed a full Gladue report, granted leave to appeal and varied the sentence to time served (approximately 5 months) followed by probation.