Kahkewistahaw First Nation v Taypotat

Question 1

Issue of case

Answer 1

Louis Taypotat was unable to run for band council because he did not have a grade 12 education. He constitutionally challenged this requirement, arguing that the facially neutral requirement discriminated against members of the band

Question 2

What was the Supreme Court finding after s15 analysis?

Answer 2

virtually no evidence of the relationship between age, residency on a reserve and education level, no evidence of the effect of the legislation on the claim of analogous grounds

Question 3

What was the finding of the Supreme Court in this case?

Answer 3

That the Court of Appeal erred in concluding that the education provisions represent a prima facie violation of s15 rights to community members.