Lisa J. Mrozinski

The appellants, members of the Tsartlip Indian Band, were convicted under provincial wildlife legislation for hunting at night with an illuminating device.

They appealed, arguing the legislation infringed their right to hunt under the North Saanich Treaty of 1852.

The Supreme Court of Canada allowed the appeal, holding that the treaty right to hunt includes the right to hunt at night with illumination.

The Court found that while the province can regulate safety, the absolute prohibition on night hunting was overbroad and constituted a prima facie infringement of the treaty right.

Consequently, the provincial law could not be incorporated under s. 88 of the Indian Act and was inapplicable to the appellants.

The infant respondents suffer from autism and sought funding from the Province of British Columbia for applied behavioural analysis (ABA) or intensive behavioural intervention (IBI) therapy.

The Province refused to fund the therapy, arguing it was an emergent and controversial treatment and citing financial constraints.

The respondents argued this refusal violated their equality rights under section 15(1) of the Charter.

The Supreme Court of Canada held that the legislative scheme does not promise funding for all medically required treatment, but only for core services provided by medical practitioners.

Since ABA/IBI therapy is a non-core service and the Province had not designated its providers as health care practitioners, the benefit claimed was not provided by law.

The Court concluded there was no discrimination and allowed the Province's appeal.