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A turning point for Indigenous law in Canada? – CBA National Magazine

3 Apr. 2024

Observers say a recent Supreme Court decision upholding a Yukon First Nation’s residency requirement is significant for defending Indigenous communities’ right to self-govern without undue interference from external legal frameworks.

A Supreme Court of Canada decision that upheld a residency requirement for First Nations leadership positions marks a potential turning point in Canadian legal history.

In a 4-3 ruling, the court found the requirement is protected under the Aboriginal and treaty rights set out in Section 25 of the Charter because it preserves “Indigenous difference.”

The case involved the self-governing Vuntut Gwitchin First Nation (VGFN) in the Yukon, which adopted its own constitution in 1993. It included a residency requirement for all chiefs and councillors to reside on their settlement land, or to relocate there within 14 days of their election.

Cindy Dickson, a member of the First Nation, lives 800 km away in Whitehorse because her son needs medical care not available on the settlement land. The village of Old Crow, where the VGFN government is located, is a fly-in community. Dickson wanted to stand for election as councillor, and challenged the residency requirement.

Read More: https://www.nationalmagazine.ca/en-ca/articles/law/in-depth/2024/a-turning-point-for-indigenous-law-in-canada

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