Drybones Case (1970)

In R v Drybones the Supreme Court of Canada, in a divided judgment called by some the decision of the century, rendered inoperative a provision of the Indian Act, basing its judgment on the "equality before the law" clause of the Canadian Bill of Rights. The Indian Act had made it illegal for aboriginals to be intoxicated while not on reserve lands. The court ruled that if a federal statute cannot be reasonably interpreted and applied without abolishing, limiting or infringing upon one of the rights or liberties recognized in the Bill of Rights, it is inoperative unless Parliament expressly declares that it is to apply notwithstanding the Bill of Rights. The court concluded that J. Drybones, who had been found drunk off reserve land in a lobby of a Yellowknife hotel, had been punished because of his race under a law whose scope and penalty differs from that governing other Canadians.

Author GÉRALD-A. BEAUDOIN

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Canadian Aboriginal Writing and Arts Challenge
The website for the Canadian Aboriginal Writing and Arts Challenge, which features Canada's largest essay writing competition for Aboriginal youth (ages 14-29) and a companion program for those who prefer to work through painting, drawing and photography. See their guidelines, teacher resources, profiles of winners, and more. From the Historica-Dominion Institute.