What is the scope of section 25 of the Constitution Act, 1982 and may include statutory provisions?
Canada (Federal), Canada
The following excerpt is from R. v. Kapp, [2008] 2 SCR 483, 2008 SCC 41 (CanLII):
In Corbiere v. Canada (Minister of Indian and Northern Affairs), 1999 CanLII 687 (SCC), [1999] 2 S.C.R. 203, at para. 52, L’Heureux‑Dub J. suggested in obiter that the scope of s. 25 was likely greater than that of s. 35 of the Constitution Act, 1982 and may include statutory provisions. She did qualify this statement by noting that the fact that a statute relates to aboriginal people would not, without more, suffice to bring it within the scope of s. 25. In my opinion, the limitations proposed above are consistent with this statement.
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