Canada - March 2024

The Supreme Court of Canada issued a ruling about collective rights of Indigenous Peoples. The ruling upheld the requirement that individuals who wish to be elected to the Vuntut Giwtchin First Nation of Yukon’s Council must reside on traditional lands. The case was brought by a member of the community who lives outside of traditional lands. The Court determined that the collective rights of Indigenous Peoples, protected by Section 25 of Canada’s Charter of Rights and Freedoms, prevail in certain circumstances over individual rights. That is, when a collision of irreconcilable rights occurs, those that are indispensable to the preservation of cultural differences and self-government should prevail. Dissenting judges, including Michelle O’Bonsawin, an Odenak First Nation Member, considered that Section 25 was applicable to cases brought by non-Indigenous people, and not to cases in which an Indigenous person alleges a transgression to her rights in her own Nation. The Court’s decision was hailed by the Vuntut Gwitchin First Nation as a recognition of Indigenous self-government.   

Sources: The Globe and Mail , Supreme Court of Canada