Supreme Court of Canada upholds Yukon First Nation's residency 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 First Nation argued it had never consented to the application of the Charter during its self-government negotiations with Canada, and that it had an inherent right to govern itself and preserve its culture and traditions.

A Yukon Supreme Court judge ruled in 2020 that the Charter was applicable to the Vuntut Gwitchin government and that while the 14-day timeline for councillors to move to Old Crow was unconstitutional, the residency requirement itself could stand.

The Supreme Court of Canada has upheld a residency requirement from Vuntut Gwichin First Nation that its elected officials must live in Old Crow.

"This distinction on the basis of her non-resident status reinforces and exacerbates the historical and continuing disadvantage faced by Indigenous people living away from their traditional lands.

Bridget Gilbride, Dickson's lawyer, told CBC in a statement that she was disappointed by the decision, but also pleased that the court found that Vuntut Gwitchin citizens hold Charter rights in relation to their Indigenous government.