Supreme Court of Canada Releases Decision re: Dickson v Vuntut Gwitchin First Nation

The Supreme Court of Canada released an important decision for self-governing First Nations today in Dickson v Vuntut Gwitchin First Nation, up holding the First Nation’s requirement that elected leaders must reside on Vuntut Gwitchin First Nation (VGFN) traditional territory. 

The case was brought forward by Cindy Dickson, a member of the VGFN residing outside of the traditional territory, who challenged the residency requirement on grounds of discrimination under Section 15(1) of the Charter. The Supreme Court acknowledged that the residency requirement did, at first glance, infringe Dickson’s right to equality. However, the Court recognized the importance of Section 25 of the Charter, which safeguards the rights and freedoms of Indigenous peoples. In this case, the Court determined that the residency requirement implemented by VGFN’s was a protected right or freedom under Section 25 because it preserves “Indigenous difference.”

This ruling affirms Indigenous autonomy and sets a precedent for reconciling individual and collective rights within the Charter. 

About the Authors:

Kelsey is partner in the Saskatoon office and enjoys practicing in the area of civil litigation with a focus on health law, insurance law, and professional disciplinary matters.

Shelby is an associate in the Saskatoon office where she maintains a general litigation practice, with a focus on Indigenous Law, Insurance Defence, and professional disciplinary matters.

About McKercher LLP:

McKercher LLP is one of Saskatchewan’s largest, most established law firms, with offices in Saskatoon and Regina.  Our deep roots and client-first philosophy have helped our firm to rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2023/24).  Integrity, experience, and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.