Writing for the court, Justice Morrow concluded that on April 8, 1967, Mr. Drybones was indeed an Indian within the meaning of the Indian Act, and that he was intoxicated off a reserve in contravention of section 94(b) of the Indian Act [REF].
In Robertson, Justice Morrow noted that a majority of the Supreme Court emphasized that the appropriate test to determine a violation of the provisions of the Canadian Bill of Rights should turn on the effect of the impugned legislation and not necessarily its intended purpose.