OTTAWA — The Supreme Court of Canada is upholding a rule that requires members of a Yukon First Nation to live in its community should they want to serve on its council.
Cindy Dickson had been fighting in the courts to have that requirement declared unconstitutional because it means council members must move back to the community within 14 days of winning a seat.
The self-governing First Nation's rule, however, was found by the majority of the court to constitute a specific government activity, and the court ruled that the Charter of Rights and Freedoms applies. "Section 25 protects the collective Indigenous interest when the conflict is not hypothetical and cannot be avoided."
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