The country's highest court has upheld a requirement from a Yukon First Nation that elected officials live on settled land and dismissed an appeal from Cindy Dickson, a resident, that her Charter rights were violated by that requirement.The Supreme Court of Canada in Ottawa. On Thursday, the court upheld decisions made by lower courts about a residency requirement for Yukon First Nation elected officials.
In a split decision, the court ruled the Charter does apply to the VGFN's residency requirement because the First Nation is considered a government body. At the time, the Vuntut Gwitchin government required all candidates to reside on settlement land. It later changed the requirement so that councillors have to move to settlement land within 14 days of being elected.
In other words, the court had to decide whether the VGFN is a self-governing government and whether the Charter applies to it.
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