CANADIAN CHARTER OF RIGHTS AND FREEDOMS — Equality rights — Preservation of Aboriginal rights — Application — Entities subject to Charter

Law360 Canada ( March 28, 2024, 1:36 PM EDT) -- Appeal by Dickson and cross-appeal by Vuntut Gwitchin First Nation (“VGFN”) from a judgment of the Court of Appeal of Yukon which set aside trial judge’s order. Dickson, a Canadian citizen and a citizen of the VGFN, sought to stand for election to the Council of the VGFN. Dickson resided outside of the Settlement Land of the VGFN. The constitution of the VGFN specified that any Councillor had to reside on the Settlement Land (the "Residency Requirement"). It also stated that if an eligible candidate for Councillor did not reside on Settlement Land during the election, and won their seat, they had to relocate to the Settlement Land within 14 days of election day. Dickson petitioned for a declaration that the Residency Requirement was inconsistent with s. 15(1) of the Canadian Charter (Charter). The trial judge ruled that the Charter applied to the VGFN’s constitution and the Residency Requirement, with the severance of the words "within 14 days", did not infringe s. 15(1) of the Charter. In the alternative, if the Residency Requirement breached Dickson's equality rights, it was shielded by s. 25 of the Charter. The Court of Appeal found that the Residency Requirement including the 14-day relocation rule, infringed s. 15(1) of the Charter however, it was shielded by s. 25 of the Charter. Dickson now appealed on the question of the constitutional validity of the Residency Requirement and the VGFN cross‑appealed on the question of whether the Charter applied to it as a self-governing First Nation....
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