Dickson v. Vuntut Gwitchin First Nation

Dickson v. Vuntut Gwitchin First Nation

Leave to intervene was granted because each proposed intervenor demonstrated either a direct legal interest or a public interest in the appeal and would bring unique, non‑duplicative perspectives that would assist the Court without unduly expanding the issues or burdening the record; conditions on intervention were imposed (ten‑page factum limit, use of listed affidavits, oral submissions at the division's discretion, no costs).

Citation
2021 YKCA 3
Parties
Appellant / Respondent on Cross Appeal (petitioner): Cindy Dickson; Respondent / Appellant on Cross Appeal (respondent): Vuntut Gwitchin First Nation; Intervenor: Government of Yukon; Intervenor: Attorney General of Canada
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Appeal (charter and Aboriginal Law) / Leave to Intervene Motion in Appeal From Yukon Supreme Court Constitutional Decision
Outcome
Leave to intervene granted to Carcross/Tagish First Nation, Métis Nation of Ontario, Council of Yukon First Nations, and Teslin Tlingit Council.
Legal Topics
Section 15 Equality, Section 25 Protection of Aboriginal Rights, Application of the Charter to Self‑government (s.32), Self‑government Constitutions, Residency Requirements for Elected Office
Source Language
English
Constitutional Law Aboriginal Law Administrative Law Human Rights Law Section 15 Equality Section 25 Protection of Aboriginal Rights Application of the Charter to Self‑government (s.32) Self‑government Constitutions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Cindy Dickson

Appellant / Respondent on Cross Appeal (petitioner)

Vuntut Gwitchin First Nation

Respondent / Appellant on Cross Appeal (respondent)

Government of Yukon

Intervenor

Attorney General of Canada

Intervenor

Procedural Posture

Appeal (charter and Aboriginal Law) / Leave to Intervene Motion in Appeal From Yukon Supreme Court Constitutional Decision

Legal Issues

  1. 1 Does the Canadian Charter of Rights and Freedoms apply to the government, constitution and laws of a self‑governing Yukon First Nation?
  2. 2 Whether the Vuntut Gwitchin residency requirement for Councillors infringes s.15 equality rights of a member residing off‑settlement
  3. 3 Whether s.25 of the Charter protects or shields First Nations constitutional laws from Charter scrutiny and at what analytical stage s.25 applies (pre‑ or post‑s.1 analysis)

Ratio Decidendi

Leave to intervene was granted because each proposed intervenor demonstrated either a direct legal interest or a public interest in the appeal and would bring unique, non‑duplicative perspectives that would assist the Court without unduly expanding the issues or burdening the record; conditions on intervention were imposed (ten‑page factum limit, use of listed affidavits, oral submissions at the division's discretion, no costs).

Court Disposition

Leave to intervene granted to Carcross/Tagish First Nation, Métis Nation of Ontario, Council of Yukon First Nations, and Teslin Tlingit Council.

Orders

  • Each intervenor may file a factum of up to ten pages which is not to duplicate the arguments of the parties or the other intervenors.
  • Each intervenor may file and refer to the affidavits listed in its notice of motion to intervene.