Aboriginal Rights
1900
Under the Dominion Elections Act
S.C. 1900 c. 12, the only people who can vote in a federal election
are ones who have the legal right to vote in a provincial election. Minorities
who are excluded from voting in provincial elections are therefore automatically
excluded from voting in federal elections.
1920
The federal government makes the franchise
universal, except for some minorities and Aboriginal peoples.
1938
The Dominion Elections Act S.C.
1938, c. 46 - s. 14(2)(i) retains race as a grounds for exclusion
from the federal franchise.
Under the Provincial Elections Act, S.B.C. 1939, c.16 s. 5,
Chinese, Japanese, Hindu or Indian persons are denied the right to vote
in provincial elections in B.C.
The Provincial Elections Act Amendment
Act S.B.C. 1947 c. 28 gives franchise to all persons except Japanese
and Indian persons but removes the franchise from Doukhobors, Hutterites,
and Mennonites unless they had served in the armed forces.
1960
The Canadian Bill of Rights
receives Royal Assent.
Aboriginal persons are granted the
right to vote in federal elections.
1961
In R. v. Gonzales (1962) 132 C.C.C.
237 (B.C.C.A.) and Attorney General of B.C. v. McDonald (1961)
31 C.C.C. 126, the courts decide s. 94(a) of the Indian Act,
which prohibits Aboriginal persons from being unlawfully in possession
of liquor off a reserve, does not violate the Bill of Rights .
1970
R .v Drybones
[1970] S.C.R. 282 strikes down s. 94 of the Indian Act, which prohibited
Aboriginal persons from being unlawfully in possession of liquor off a
reserve, as a violation of the Canadian Bill of Rights.
1971
S. 94 of the Indian Act,
restricting the possession of intoxicants by Aboriginal persons, is repealed
(R.S. c. 32 (1st supp).
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