Perry v. Ontario, [1998] 2 C.N.L.R. 79 (Ont. C.A.), rev’g [1996] 2 C.N.L.R. 167 (Ont. Gen. Div.)

Description

Perry, a non-status Indian, was charged with hunting and fishing offences. He challenged the constitutionality of those charges under s. 15(1) of the Charter of Rights and Freedoms on the ground that Ontario's \Interim Enforcement Policy\" discriminated against non-status Indians. The charges against Perry were withdrawn and the trial judge allowed the action to continue on the constitutional issues. Perry and others sought an Order requiring Ontario to enter into consultation with the Applicants and also requiring Ontario to negotiate with the applicants in order to clarify and give effect to their rights under s. 35(1) of the Constitution Act, 1982. The Trial Judge found in their favour and made these orders. Allowing the appeal, the Court of Appeal reversed the decision of the Trial Judge. Leave to appeal to the Supreme Court of Canada was refused."