Dickson v. Vuntut Gwitchin First Nation 2021 YKCA 5

The plaintiff is a member of the Vuntut Gwitchin First Nation (VGFN). The VGFN's constitution provides that members of the VGFN Council must reside on the Nation's Settlement Land, which the plaintiff does not. She lives and works in Whitehorse, where her son needs to be near the full-service hospital. She wanted to run for Council and challenged the residency requirement on the basis that it violates her equality rights in section 15(1) of the Charter of Rights and Freedoms. The Yukon Court of Appeal decided that the Charter applies to the residency requirement, as it is a "law" within the meaning of section 32 of the Charter. The residency requirement infringed the plaintiff's section 15(1) rights by discriminating against her because she does not live on the settlement land (Corbiere v. Canada, 1999). It was unnecessary to decide whether the infringement could be justified under section 1 of the Charter because section 25 shielded the residency requirement from section 15(1). The residency requirement was therefore upheld. The court discussed but left unresolved the issue of whether the VGFN's governance authority is inherent or derived from the VGFN's self-government agreement and the Yukon First Nations Self-Government Act, S.C. 1994, c. 35. This case is currently on appeal to the Supreme Court of Canada.