Supreme Court of Canada upholds Yukon First Nation's residency requirement

The country's highest court has upheld a requirement from a Yukon First Nation that elected officials live on settled land and dismissed an appeal from Cindy Dickson, a resident, that her Charter rights were violated by that requirement.

In a decision released Thursday morning, the Supreme Court of Canada ruled that the Vuntut Gwitchin First Nation (VGFN)'s residency requirement is constitutional.

«The residency requirement protects Indigenous difference,» the court wrote. «Requiring VGFN leaders to reside on settlement land helps preserve the leaders' connection to the land, which is deeply rooted in the VGFN's distinctive culture and governance practices.»

In a split decision, the court ruled the Charter does apply to the VGFN's residency requirement because the First Nation is considered a government body.

«The Charter applies to the residency requirement because its enactment and enforcement by the VGFN constitutes a specific governmental activity.»

The Supreme Court's ruling echoes decisions made by the lower courts.

Dickson began her legal challenge in 2019, after she was prevented from running for Vuntut Gwitchin council because she lived in Whitehorse. The Vuntut Gwitchin government is based in Old Crow, Yukon, a fly-in community about 800 kilometres north of Whitehorse.

At the time, the Vuntut Gwitchin government required all candidates to reside on settlement land. It later changed the requirement so that councillors have to move to settlement land within 14 days of being elected.

Dickson argued to the Yukon Supreme Court the First Nation's residency requirement infringed on her equality rights as guaranteed under the Charter. The First Nation argued it had never consented to the application of the Charter during