Nur Muhammed-Ally

The appellant appealed the Indian Registrar's decision refusing to register him as an "Indian" under the Indian Act, arguing his ancestors were entitled to registration under the 1868 Indian Act.

The appellant also sought a declaration that s. 6 of the Indian Act breached s. 15 of the Charter by discriminating based on ancestry.

The Superior Court dismissed both the appeal and the application.

The Court found the Registrar correctly interpreted the 1868 Indian Act as applying only to those alive at the time and requiring a repute of belonging to a specific tribe or band, which the appellant's ancestors lacked.

The Court also held that "ancestry status" is not an analogous ground under s. 15 of the Charter and there was no evidence of historical disadvantage or discrimination based on that ground.

The applicants, a family from Colombia, sought judicial review of a Refugee Protection Division decision denying their claim for refugee protection.

The RPD found they had not rebutted the presumption of state protection and did not err by not assessing the claim based on sexual orientation.

The Federal Court found the RPD's decision reasonable, concluding the RPD adequately weighed the evidence regarding state protection and was not required to consider sexual orientation as it was not raised as a ground of persecution.

The application was dismissed.