The result and impacts of the recent Dickson v. Vuntut Gwitchin First Nation decision
The recent Yukon Supreme Court decision of Dickson v. Vuntut Gwitchin First Nation, 2020 YKSC 22 found that the Canadian Charter of Rights and Freedoms applies to the VGFN government, constitution and laws. It further found that VGFN’s residency requirement for elected officials, with the severance of the words “within 14 days,” did not breach Dickson’s section 15 Charter right to equality as a non-resident VGFN citizen. The court held, however, that should it be wrong and a section 15 infringement of Dickson’s rights did occur, that VGFN’s right to adopt a residency requirement is shielded by section 25 of the Charter (Aboriginal and Treaty Rights). This case, as it progresses towards appeal, is likely to continue engaging issues of importance to Yukon First Nations, the territorial government and Canada.
Please join Daryn Leas (Boughton Law Corporation) and Gavin Gardiner (Woodward and Co.) for a discussion spanning the historical context of these issues in Yukon and the legal complexities of the decision itself.