Yukon Court Upholds Indigenous Election Law

Section 25 is an infrequently cited provision of the Canadian Charter of Rights and Freedoms (Charter) that protects certain Aboriginal interests from Charter scrutiny. In Dickson v. Vuntut Gwitchin First Nation (Dickson), the Yukon Territory Supreme Court recently applied section 25 as a shield to protect an Indigenous electoral requirement from being struck down for breaching the equality provisions of the Charter.

BACKGROUND

Vuntut Gwitchin First Nation (VGFN) is an Indigenous community located in the northern Yukon. Roughly half of VGFN members live within their traditional territory, while the remainder live elsewhere, primarily Whitehorse. VGFN is governed by a chief and council.