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First Nation election code restricting voting to on-reserve members violates Charter s. 15.
The applicant, a member and former chief of the First Nation residing off-reserve, challenged an election code provision restricting the right to vote to members residing on the reserve.
The Federal Court held the residency requirement was discriminatory under section 15 of the Charter, as it perpetuated historic disadvantage and treated off-reserve members as less worthy of participating in band governance.
The First Nation offered no section 1 justification.
The Court declared the residency requirement of no force or effect, but did not invalidate past elections or council decisions.
