Supreme Court Delivers Decision on Vuntut Gwitchin First Nation Residency Requirement

Wednesday, 10 June 2020 13:50

In a 73 page decision Yukon Supreme Court Chief Justice Ron Veale says the Vuntut Gwitchin First Nation is not violating the Canadian Charter of Rights and Freedoms in determining the rights of its First Nation citizens.

At issue was the petition from Cindy Dickson, a VGFN beneficiary who wanted to run in the Chief and Council election for Vuntut Gwitchin but lives in Whitehorse, 800 kilometres south of Old Crow.

The current VGFN constitution states anyone elected as a chief or councilor who does not live in Old Crow must move to the community within 14 days of the election.

Chief Justice Veale says nothing in the Charter violates Ms. Dickson's rights except the 'within 14 days' clause.

In his decision Veale writes, "The right of Ms. Dickson to run, be elected and reside in Whitehorse, some 800 kilometres away from the ancestral Vuntut Gwitchin First Nation would derogate or impair the residency requirement. VGFN members themselves have constitutionalized as a self-governing First Nation."

As well he ruled the Canadian Charter of Rights and Freedoms applies to the self-governing First Nation.

He has given the First Nation a year and a half to amend the 14 day policy.

Chief Dana Tiyza-Tramm says the First Nation is reviewing the decision in its entirety and will be thoroughly considering all options before determining any next steps.

Veale writes in his decision issued Monday the residency requirement which severs the words 'within 14 days' does not infringe on Dickson's equality right as a non-resident citizen. He also says if Dickson's Charter equality right was breached, another section of the Charter shields the residency requirement.

Veale's application of the Charter is significant as the First Nation is self-governing under a Final Agreement and has its own constitution as do the other 10 self-governing Yukon First nations.

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