Vuntut Gwitchin considers appealing ruling that says Charter applies to First Nations

The Vuntut Gwitchin First Nation's government is considering whether to appeal a Yukon Supreme Court decision that ruled the Charter of Rights and Freedoms applies to self-governing First Nations.

The decision, released Monday, stemmed from a 2019 legal challenge by Cindy Dickson, a Vuntut Gwitchin citizen who lives in Whitehorse. 

The First Nation blocked her from running for council in 2018 and said she had to live in Old Crow, Yukon, to hold office.

The Vuntut Gwitchin's constitution says a citizen must live on its land claim settlement to run for chief or council. Old Crow is the only community on that land. 

Dickson argued the residency rules violated the Charter, but Justice Ron Veale ruled the rules were legal.

Veale said the rules are protected by a section that says the Charter can't be used to detract from or do away with "other rights or freedoms that pertain to aboriginal peoples of Canada.'"

The judge also noted that Vuntut Gwitchin citizens, as Canadians, are entitled to the protection of the Charter.

Chief Dana Tizya-Tramm said Thursday the ruling was precedent-setting, noting it's the first court decision to declare whether the Charter applies to self-governing Yukon First Nations.

The First Nation had argued in court it was not subject to the Charter. It said citizens already had rights guaranteed in its own constitution.

But Tizya-Tramm said the Vuntut Gwitchin First Nation, which is self-governing and not subject to the Indian Act, was never consulted about the Charter, nor consented to it.

"That's where self-determination comes in," he said. "I find it hard pressed that our elders and our people would give up so much of our land just to have these arbitrary applications."

"Now we're considered another level of the Canadian government," he added. 

Tizya-Tramm said he's happy the residency rules were upheld, and said Justice Veale showed respect for the Vuntut Gwitchin in his decision.

He said he's talking to other Yukon chiefs about the decision, and would prefer they present a united front on the issue.

The Vuntut Gwitchin government has until July 8 to decide whether to appeal, he said.