A Supremely Complex Decision - <p>The Supreme Court of Canada’s <em>Dickson v. Vuntut Gwitchin</em><em> </em>Decision on Indigenous Governments and Canada’s <em>Charter of Rights</em></p>

Abstract

On March 28, 2024, a majority decision of the Supreme Court of Canada in Dickson v. Vuntut Gwitchin First Nation held that Canada’s constitutional bill of rights, the Canadian Charter of Rights and Freedoms (“the Charter”), applied against an Indigenous government’s residency requirements for election to the government’s Council. However, the majority also held that a section of the Charter that offers some protective effect for Indigenous governments would protect this residency requirement from a challenge under the Charter. The case reaches significant determinations but with some messy splits amongst the seven justices who sat on the case.