Supreme Court upholds First Nation election requirement

The Supreme Court of Canada is seen, Friday, June 16, 2023 in Ottawa. The Supreme Court is upholding a First Nations election requirement.Cindy Dickson had been fighting in the courts to have that requirement declared unconstitutional because it means council members must move back to the community within 14 days of winning a seat.

Living about 800 kilometres away from Vuntut Gwitchin First Nation, Dickson was unable to move to Old Crow if elected because her son requires access to medical care not available in the community. The self-governing First Nation’s rule, however, was found by the majority of the court to constitute a specific government activity, and the court ruled that the Charter of Rights and Freedoms applies.The court found that while the Aboriginal and treaty rights laid out in Section 25 of the Charter apply, so too do the individual rights in Section 15.

“Section 25 protects the collective Indigenous interest when the conflict is not hypothetical and cannot be avoided.” Vuntut Gwitchin First Nation, which has its own constitution, had argued the Charter does not apply to the community. And if it were subject to the Charter, the community argued its election rule didn’t violate Dickson’s individual rights.‘Running into roadblocks’: Canadian family fights to get care for daughter with epilepsy

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