The Court decided that distribution of casino profits to a select group of aboriginals is not discriminatory.

In a deal made in the early 1990s, the Ontario government gave control of reserve-based gaming activities to several First Nations bands.

The petitioners were a group of non-registered First Nations bands who were status Indians.

The Court ruled that an exception under section 15(2) could be made for any discrimination claims as the purpose of the law was to improve the social and economic conditions of the registered bands.

The unanimous Court decisions was given by Iacobucci J. in which he ruled that the claimants failed to establish that the purpose of the First Nations Fund was based on a stereotype.