Cindy Dickson is a citizen of the Vuntut Gwitchin First Nation (VGFN), an Indigenous community in the far north of Yukon. Ms. Dickson sought to run for a position on VGFN’s Council but was barred from serving on Council because of where she lives. The VGFN requires all Council members to live in Old Crow, a fly-in, fly-out community located 800 km north of Whitehorse. Ms. Dickson grew up in Old Crow, but now lives in Whitehorse with her son.
Ms. Dickson brought a challenge to the residency requirement pursuant to s. 15 of the Charter, contending that it unjustifiably discriminated based on her non-resident status. The VGFN argued that the Charter does not apply to them as a modern self-governing nation, or in any event, that the law should be shielded pursuant to s. 25 of the Charter. While the Yukon Court of Appeal agreed the Charter applied to the VGFN and found the requirement to be discriminatory, they also held it was shielded by s. 25 of the Charter.
The Supreme Court of Canada heard Ms. Dickson’s appeal and delivered a nuanced decision. The Court concluded that the Charter does indeed apply to VGFN's residency requirement since VGFN is a government by nature. However, the Court determined that while the requirement breached Ms. Dickson's s. 15(1) Charter right to equality, it is an exercise of VGFN's "other rights" protected by s. 25. Therefore, despite the Charter applying, the residency requirement was shielded from Ms. Dickson's s. 15(1) claim under s. 25, and the appeal was dismissed. There were three sets of reasons issued, including a dissent by Justices Martin and O’Bonsawin that would have allowed Ms. Dickson’s appeal.
Ms. Dickson’s case raised novel and fundamental issues related to the Charter and democratic rights of Indigenous citizens in Canada. It was the first case to consider s. 25 of the Charter in the context of Indigenous self-government, providing important guidance on and the interplay between Indigenous rights in the context of Indigenous governments within Canada.
Bridget Gilbride represented Ms. Dickson throughout in this ground-breaking matter.
Jurisdictions
- British Columbia
- Yukon
