Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33201
Sharon Donna McIvor, et al. v. Registrar, Indian and Northern Affairs Canada, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: McIvor, Sharon Donna
Counsel
Gwen Brodsky
2200 - 1055 Hastings St West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 669-0011
FAX: (866) 287-6553
Email: rgrant@heenan.ca
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: Grismer, Charles Jacob
Counsel
Gwen Brodsky
2200 - 1055 Hastings St West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 669-0011
FAX: (866) 287-6553
Email: rgrant@heenan.ca
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: Registrar, Indian and Northern Affairs Canada
Counsel
Glynis Hart
Brett Marleau
Sean Stynes
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Canada
Counsel
Glynis Hart
Brett Marleau
Sean Stynes
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights - Equality rights - Discrimination based on sex and marital status - Infringement unjustified - Aboriginal law - Status - Pre-Charter Indian Acts providing that Indian women marrying non-Indians lost status for themselves and children while non-Indian women marrying status Indians acquiring status for themselves and their children - Indian Act amended (R.S., 1985, c. I-5) to provide Indian women not losing status for themselves and their children from April 17, 1985 - Second generation cut-off for grandchildren of women restored to status but not for grandchildren of males - Whether a law intended to rectify the longstanding sex discrimination in the status registration provisions of the Indian Act, but instead continues that discrimination, in part, is justified because of a need to preserve existing rights and to avoid anomalies - Canadian Charter of Rights and Freedoms, s. 15.
The Applicants McIvor and Grismer are mother and son. Prior to 1985, neither had Indian status. Ms. McIvor lost status because of her marrying a non-Indian man. (A male Indian did not lose status for marrying a non-Indian.) Ms. McIvor regained status under s. 6(1)(c) of the new Indian Act, which provision restores the status of (among others) persons who were disqualified from status under the Marrying Out Rule and the Double Mother Rule. Mr. Grismer has status under s. 6(2), which applies the Second Generation Cut-off–Indian status to a person with one Indian parent, but does not allow such a person to pass on Indian status to his or her own children unless those children are the product of a union with another person who has Indian status. The Applicants McIvor and Grismer did not challenge the Second Generation Cut-off per se. They maintain, however, that it is discriminatory to assign s. 6(2) to persons born prior to April 17, 1985. The complaint here was that Mr. Grismer’s children would have Indian status if his Indian status had been transmitted to him through his father rather than through his mother. This ongoing discrimination, they submitted, was on the basis of sex, which contravenes s. 15 of the Charter. The Respondents (Respondent Canada) defended the legislation.
Lower court rulings
Supreme Court of British Columbia
A941142, 2007 BCSC 827
Registration provisions of Indian Act (ss. 6(1) and (2)) found to infringe s. 15(1) equality rights and s. 28 of Charter by discrimination on basis of sex and marital status and infringement not justified under s. 1.
Court of Appeal for British Columbia (Vancouver)
Stay of order (pronounced by Ross J. at conclusion of reasons for judgment of June 8, 2007) pending disposition of the appeal.
Supreme Court of British Columbia
2007 BCSC 1732
See File
Court of Appeal for British Columbia (Vancouver)
CA035223, 2009 BCCA 153
Appeal allowed; order declaring ss. 6(1)(a) and (c) of Indian Act to be of no force or effect made in substitution for that of the trial judge, and declaration suspended for one year
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-02-18 | Close file on Leave | |
| 2010-02-16 | Certificate of taxation issued to, Christopher Rupar | |
| 2010-02-15 | Decision on the bill of costs, in the amount of $1,424.19, Reg | |
| 2010-02-15 | Submission of the bill of costs, Reg | |
| 2010-01-21 | Bill of costs, (CONSENT to Bill of Costs included), Completed on: 2010-01-21 | Registrar, Indian and Northern Affairs Canada |
| 2009-12-21 | Response to the bill of costs, CONSENT (copy included in Bill of Costs), Completed on: 2009-12-21 | Sharon Donna McIvor |
| 2009-11-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-11-06 | Judgment on leave sent to the parties | |
| 2009-11-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA035223, 2009 BCCA 153, dated April 6, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2009-09-28 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-08-05 | Book of authorities, of respondents' response | Registrar, Indian and Northern Affairs Canada |
| 2009-08-05 | Respondent's response on the application for leave to appeal, joint with application to cross-appeal, Completed on: 2009-08-05 | Registrar, Indian and Northern Affairs Canada |
| 2009-06-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-06-04 | Book of authorities | Sharon Donna McIvor |
| 2009-06-04 | Application for leave to appeal, New style of cause, an amended notice (25-A) and the correct C/A order were inserted in all books on June 11, 2009., Completed on: 2009-06-11 | Sharon Donna McIvor |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| McIvor, Sharon Donna | Applicant | Active |
| Grismer, Charles Jacob | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Registrar, Indian and Northern Affairs Canada | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: McIvor, Sharon Donna
Counsel
Gwen Brodsky
2200 - 1055 Hastings St West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 669-0011
FAX: (866) 287-6553
Email: rgrant@heenan.ca
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: Grismer, Charles Jacob
Counsel
Gwen Brodsky
2200 - 1055 Hastings St West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 669-0011
FAX: (866) 287-6553
Email: rgrant@heenan.ca
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: Registrar, Indian and Northern Affairs Canada
Counsel
Glynis Hart
Brett Marleau
Sean Stynes
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Canada
Counsel
Glynis Hart
Brett Marleau
Sean Stynes
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights - Equality rights - Discrimination based on sex and marital status - Infringement unjustified - Aboriginal law - Status - Pre-Charter Indian Acts providing that Indian women marrying non-Indians lost status for themselves and children while non-Indian women marrying status Indians acquiring status for themselves and their children - Indian Act amended (R.S., 1985, c. I-5) to provide Indian women not losing status for themselves and their children from April 17, 1985 - Second generation cut-off for grandchildren of women restored to status but not for grandchildren of males - Whether a law intended to rectify the longstanding sex discrimination in the status registration provisions of the Indian Act, but instead continues that discrimination, in part, is justified because of a need to preserve existing rights and to avoid anomalies - Canadian Charter of Rights and Freedoms, s. 15.
The Applicants McIvor and Grismer are mother and son. Prior to 1985, neither had Indian status. Ms. McIvor lost status because of her marrying a non-Indian man. (A male Indian did not lose status for marrying a non-Indian.) Ms. McIvor regained status under s. 6(1)(c) of the new Indian Act, which provision restores the status of (among others) persons who were disqualified from status under the Marrying Out Rule and the Double Mother Rule. Mr. Grismer has status under s. 6(2), which applies the Second Generation Cut-off–Indian status to a person with one Indian parent, but does not allow such a person to pass on Indian status to his or her own children unless those children are the product of a union with another person who has Indian status. The Applicants McIvor and Grismer did not challenge the Second Generation Cut-off per se. They maintain, however, that it is discriminatory to assign s. 6(2) to persons born prior to April 17, 1985. The complaint here was that Mr. Grismer’s children would have Indian status if his Indian status had been transmitted to him through his father rather than through his mother. This ongoing discrimination, they submitted, was on the basis of sex, which contravenes s. 15 of the Charter. The Respondents (Respondent Canada) defended the legislation.
Lower court rulings
Supreme Court of British Columbia
A941142, 2007 BCSC 827
Registration provisions of Indian Act (ss. 6(1) and (2)) found to infringe s. 15(1) equality rights and s. 28 of Charter by discrimination on basis of sex and marital status and infringement not justified under s. 1.
Court of Appeal for British Columbia (Vancouver)
Stay of order (pronounced by Ross J. at conclusion of reasons for judgment of June 8, 2007) pending disposition of the appeal.
Supreme Court of British Columbia
2007 BCSC 1732
See File
Court of Appeal for British Columbia (Vancouver)
CA035223, 2009 BCCA 153
Appeal allowed; order declaring ss. 6(1)(a) and (c) of Indian Act to be of no force or effect made in substitution for that of the trial judge, and declaration suspended for one year
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available