By David Hawkes
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Additional info for Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles
For their part, the provinces must acknowledge aboriginal peoples as being fully part of the provincial population. The benefits and privileges of provincial residence must be available to all aboriginal persons, on and off reserve. The programs and services which give effect to these benefits and privileges must also be tailored to the needs, circumstances and rights of the aboriginal population, without fear that a beneficial "singling out" will render ultra vires an otherwise valid and proper legislative regime.
In the history of the Indian Act, the franchise and liability to taxation were, until 1960, inexorably linked. Status Indians were not entitled to vote, but neither were they required to pay tax. Indians who were enfranchised, by contrast, became subject to tax. 94 The role of the federal and provincial governments in relation to social services for aboriginal peoples depends on the basis on which these services are supplied to Canadians and provincial residents generally. The underlying assumption of our social service system is the collection of wealth through the taxation system and its redistribution in the form of social services.
G. Canada v. R. 1349. Canard, supra, note 39. , pp. 191-192. , p. 184. Hogg, op. , note 38, p. 789. The Queen v. R. 693. Canard, supra, note 39, p. 189. , p. 206. MacKay v. R. 370. Hogg, op. , note 38, p. 792. MacKay, supra, note 68, p. , p. 407. 32 of the Charter. And see Operation Dismantle v. R. 441. See for example the Ontario Court of Appeal decisions in R. v. C. (3d) 398, R. v. R. R. R. (2d) 688. R. ). R. (2d) 513. , p. 566. , p. 566. See St. Catherines' Milling, supra, note 5. ), supra, note 75, p.