R v Kapp facts for kids
Quick facts for kids R v Kapp |
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| Hearing: December 11, 2007 Judgment: June 27, 2008 |
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| Full case name | Her Majesty The Queen v John Michael Kapp et al |
| Citations | 2008 SCC 41, [2008] 2 SCR 483, 294 DLR (4th) 1, [2008] 8 WWR 1, 232 CCC (3d) 349, 58 CR (6th) 1, 79 BCLR (4th) 201 |
| Docket No. | 31603 |
| Prior history | Stay of proceedings granted, 2003 BCPC 279, [2003] 4 CNLR 238; Stay lifted, 2004 BCSC 958, (2004), 31 BCLR (4th) 258, [2004] 3 CNLR 269; Affirmed, 2006 BCCA 277 (CanLII), (2006), 56 BCLR (4th) 11, 271 DLR (4th) 70, [2006] 10 WWR 577, [2006] 3 CNLR 282 |
| Ruling | A communal fishing license granted exclusively to Indigenous people does not violate section 15 of the Charter because section 15(2) enables governments to pro‑actively combat discrimination by developing programs aimed at helping disadvantaged groups to improve their situation |
| Court membership | |
| Reasons given | |
| Majority | McLachlin CJ and Abella J (paras 1–66), joined by Binnie, LeBel, Deschamps, Fish, Charron and Rothstein JJ |
| Concurrence | Bastarache J (paras 67–123) |
| Laws applied | |
| Aboriginal Communal Fishing Licences Regulations, SOR/93‑332. Canadian Bill of Rights, RSC 1985, App III, s 2. Canadian Charter of Rights and Freedoms, ss 1, 2, 3, 15, 16(3), 21, 25, 27, 28, 29, 32(a). Constitution Act, 1867, ss 91(24), 93. Constitution Act, 1982, s 35. Constitution Amendment Proclamation, 1983, RSC 1983, App II, No 46. Fisheries Act, RSC 1985, c F‑14. Indian Act, RSC 1985, c I‑5, ss 81, 83, 85.1, 88. | |
R v Kapp was an important case decided by Canada's highest court, the Supreme Court of Canada, in 2008. It was about whether a special fishing license given only to Indigenous people was fair. Some people thought it was unfair because it didn't treat everyone the same. However, the Court decided that this special license was allowed. It helped to improve the situation for a group that had faced challenges. This case helped explain how Canada's Charter of Rights and Freedoms works to make things more equal for everyone.
Contents
Understanding Equality in R v Kapp
This case helped clarify how Section 15 of the Canadian Charter of Rights and Freedoms works. Section 15 is all about equality rights. It says that everyone should be treated equally under the law. It also says that governments can create programs to help groups that have faced disadvantages.
What Was the Case About?
The case started in British Columbia. The government had given a special fishing license to some Indigenous communities. This license allowed them to fish for food, social, and ceremonial purposes. It was a "communal" license, meaning it was for the whole community.
Some non-Indigenous fishers felt this was unfair. They believed it violated their equality rights under Section 15 of the Charter. They argued that everyone should have the same access to fishing licenses.
Why Special Fishing Licenses?
The special fishing licenses were part of a program to help Indigenous communities. Historically, Indigenous peoples have faced many challenges and disadvantages in Canada. These programs are often called "affirmative action" or "ameliorative" programs. They aim to improve the situation for groups that have been treated unfairly in the past.
The idea is to help these groups catch up and have better opportunities. For Indigenous communities, fishing is often a very important part of their culture and way of life.
The Charter and Fairness
The Canadian Charter of Rights and Freedoms has two main parts to Section 15:
- Section 15(1) says that everyone has the right to equal treatment. It means governments shouldn't make laws that treat people differently based on things like race, religion, or gender.
- Section 15(2) is also about equality. But it says that governments can create programs that help disadvantaged groups. These programs are allowed even if they treat one group differently, as long as the goal is to improve their situation.
The challenge in R v Kapp was to figure out how these two parts of Section 15 work together. Was the special fishing license a violation of 15(1), or was it allowed under 15(2)?
What the Supreme Court Decided
The Supreme Court of Canada looked at the case carefully. They decided that the special fishing license was allowed. They said it did not violate Section 15 of the Charter.
The Court explained that a government program is okay if:
- It has a goal to improve things for a group.
- It targets a group that has faced disadvantages.
The Court found that the fishing license program met these two conditions. It was designed to help Indigenous communities, who are a disadvantaged group. Therefore, even though it treated one group differently, it was allowed because it was working towards greater equality.
Why This Decision Matters
The R v Kapp decision was very important for several reasons:
- It made it clearer how Section 15 of the Charter works. It showed that governments can create programs to help specific groups.
- It confirmed that the goal of the Charter's equality rights is to achieve "substantive equality." This means looking at the real-life effects of laws, not just whether they treat everyone exactly the same on paper. Sometimes, treating people differently is needed to make things truly equal.
- It helped simplify how courts should decide if a program is discriminatory. It moved away from a very complicated test used in an earlier case.
This case helps ensure that governments can continue to create programs that support and uplift groups who need extra help to achieve true equality in Canada.
See also
- substantive equality
