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Published 1 month ago

Collective rights of Indigenous communities trump individual Charter rights in some cases, Supreme Court rules

  • The Supreme Court of Canada upholds a rule requiring members of a Yukon First Nation to live in its community to serve on its council.
  • Despite residency requirement challenges, the Court rules in favor of the self-governing First Nation’s right to protect cultural differences over individual Charter rights.
  • Majority decision by the Court supports the residency requirement, citing Section 25 as a protection of collective rights for Indigenous communities.
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