Is there an alternative argument that the application of a law of general application to a particular group of Indians in a particular activity is legislation in their Indian-ness?
British Columbia, Canada
The following excerpt is from R. v. Dick, 1982 CanLII 496 (BC CA):
This is an alternative argument. It was not made in Kruger v. R. But it seems to me that the same tests as are applied to determine whether the application of a provincial law to a particular group of Indians in a particular activity is the application of a law of general application, should also be applied to determine whether the application of a provincial law to a particular group of Indians in a particular activity is legislation in relation to Indians in their Indian-ness.
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