Supreme Court Releases Decision that Will Impact Equality Rights Claims by People with Disabilities

From an ARCH Disability Law Centre news release: The Supreme Court of Canada released its decision on July 21, 2011 in the case of Cunningham v. Alberta. The case was heard on December 16, 2010. Represented by Laurie Letheren and Tess Sheldon of ARCH Disability Law Centre, the Canadian Association for Community Living (CACL) had intervened in the appeal before the Supreme Court.

The primary issue that the Court addressed was whether Sections 75 and 90 of the Métis Settlements Act (MSA) that prohibit individuals with Indian status from holding Métis settlement membership violate the guarantee of equality under Section 15 of the Charter of Rights and Freedoms. The Cunninghams are lifelong residents of the Peavine Métis Settlement. Their membership in the Settlement was terminated when they obtained status under the Indian Act. They argued that their termination from membership in the Peavine Métis Settlement violates the guarantee of equality of Section 15 of the Charter.