To do this, the Court of Appeal applied
Law v. Canada (Minister of Employment and Immigration), [1999] 1 S. C. R. 497, which is a leading Supreme Court of Canada decision that created the
Law test for establishing
equality right
claims under section 15 of the Charter.
Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to
equality before the
law, including in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of
claims based substantially upon orally - transmitted traditions, the lack of written records of indigenous
laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested
under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional
laws and customs by non-indigenous commentators.