The Vuntut Gwitchin First Nation (VGFN) held a teleconference Friday afternoon regarding the recent Yukon Court of Appeal ruling that candidates for political office must live in the First Nation’s territory.

Cindy Dickson, a Vuntut Gwitchin beneficiary and Whitehorse resident, had appealed a June 2020 Supreme Court of Yukon ruling in which Dickson challenged the First Nations residency requirement under the Charter of Rights and Freedoms.

The appeal was heard on July 21. The Court of Appeal applied Section 25 of the Charter as a “shield” for protecting the First Nations residency requirement that only those residing on VGFN lands, or those willing to move there within 14 days of winning an election, would be eligible to be candidates for VGFN council.

In attendance at the media conference were VGFN Chief Dana Tizya-Tramm, Deputy Chief Paul Josie and VGFN legal counsel Kris Statnyk.

In his opening remarks, Tizya-Tramm called the recent decision a “monumental landmark that represents our continuous journey as Indigenous peoples in a modern world and a new nation.”

He pointed out that this decision could affect First Nations throughout Canada.

“Today’s gathering around the issued decision from the Justice of the Appeal Court casts a very large shadow across this country,” Tizya-Tramm said.

“This court case and this decision is some of the farthest rulings we’ve had on Section 25 and the shield that protects pre-existing Indigenous rights in Canada,” the chief added.

“The strength of the voices of our community members – our elders, and our youth – that they should be speaking freely and respected the authority as a self-governing First Nation.”

However, since the Court of Appeal only applied Section 25 to the ruling, Tizya-Tramm said, “We of course do not see this as a complete win.”

“Section 15 and this narrow application of the Charter to our residency clause was found to be in breach of the Charter; it was protected by Section 25.

“I would be hard-pressed to celebrate this ruling, but I would cautiously and optimistically turn to our people at the general assembly and let them know that their voice has been heard, and it has been upheld across the country.”

Statnyk said the Court of Appeal referred to Section 25 as a “tool” that should be used by Indigenous people.

According to Statnyk, the Court of Appeal narrowed the conclusion to the specific residency requirement, as opposed to the overall First Nations entities and activities.

Tizya-Tramm made it clear how he felt about the matter going before the courts. He stated this is “an application of the Charter that does not belong in a courtroom, but belongs in the negotiation rooms in which we endeavoured decades ago, where both parties agree to disagree, we now find ourselves, decades later, with our treaty partners, taking advantage of an opportunity that lay before the courtrooms, to come in and make arguments to the application of this Charter.”

He also called the Yukon government’s arguments “most concerning, and a Draconian perspective, that is not indicative to the spirit and intent of these agreements.

“Some of those who have the most to learn from this court case is the Canadian and most certainly the Yukon government themselves,” Tizya-Tramm said.

“This court case and this ruling shows that we are still in our infancy on this journey.”

The chief was asked whether the First Nation would consider appealing to the Supreme Court of Canada.

He responded that that conversation belongs with his people, and options will be discussed at the upcoming general assembly.

He also stated that “The intention of VGFN was not one of discrimination. This, however, is us upholding our traditional practices.”

Asked how this ruling would affect the VGFN council candidates pool, Tizya-Tramm replied, “It is only our general assembly that can make these changes to the constitution.

“So in 2019, the general assembly did consider this proposal. However, they chose to make a two-week requirement. That if a beneficiary outside of our traditional territory was accepted to the council, that they would have two weeks to move to the traditional territory as the seat of our government is on our traditional territory.

“We recently had a successful byelection as well, with one youth community member, Ryan Kay, as well as one beneficiary in Whitehorse, Bonnee Bingham, so we see this change, which did not reflect the whole request from Ms. Dixon,” Tizya-Tramm said.

“However, a balance, operating properly, and done as our processes guide us, and bringing this to the general assembly, where these discussions and considerations should be made, not in a courtroom.”

After nominations closed last Thursday, Ray and Bingham were declared acclaimed, since there were two openings on council and they were the only two candidates.

Bingham will be required to move to Old Crow until the end of this term, and the general election of chief and council in the fall of 2022.

There are about 250 people living in Old Crow, out of 800 registered beneficiaries, leaving approximately 550 living outside of VGFN lands.

“This is also indicative of historical movement of my people against our will,” said Tizya-Tramm.

“My own family was subject to residential schools. My mother was first generation, and I’m second generation out of it as well.”

Asked whether he thought the small population was a result of residential schools’ intervention, Tizya-Tramm replied, “Most certainly.

“We used to have, not so long ago, actually, multiple villages, and Old Crow is one of the more recent villages of all of these. And due to tuberculosis at the turn of the century, as well as residential schools, our populations were greatly dispersed.”

Tizya-Tramm wrapped up by stating, “It was our people’s voice that was brought into a courtroom. Our people’s voice that was ruled upon by non-community members.

“And the true cost of this court case out of any monies is the stress and the concern, and even confusion among our people.

“And even though we could very well see an appeal, again, launched against our First Nation, I look forward to coming back to the general assembly, and delivering to my people that the strength of their voices have been recognized, and that we will continue to endeavour moving forward in this important partnership together, as our elders have directed us to do so, in a good way.

“And even though our treaty partners such as Canada and Yukon are still continuing in their journey and vindication of what their pre-existing rights and partnerships are, we will embody the gentle strength of our elders, and help to continue to guide them as we make this journey together.”