The Supreme Court of Canada released an important decision for self-governing First Nations today in Dickson v Vuntut Gwitchin First Nation, up holding the First Nation's requirement that elected leaders must reside on Vuntut Gwitchin First Nation (VGFN) traditional territory.
The case was brought forward by Cindy Dickson, a member of the VGFN residing outside of the traditional territory, who challenged the residency requirement on grounds of discrimination under Section 15(1) of the Charter. The Supreme Court acknowledged that the residency requirement did, at first glance, infringe Dickson's right to equality. However, the Court recognized the importance of Section 25 of the Charter, which safeguards the rights and freedoms of Indigenous peoples. In this case, the Court determined that the residency requirement implemented by VGFN's was a protected right or freedom under Section 25 because it preserves "Indigenous difference."
This ruling affirms Indigenous autonomy and sets a precedent for reconciling individual and collective rights within the Charter.
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