2024 SCC 10 – Rowe J. Reasons – Dickson v. Vuntut Gwitchin First Nation

To support us, please follow us wherever you're listening and visit ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠our website⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ to provide feedback.

Constitutional law — Charter of Rights — Application — Aboriginal Peoples

(00:00:53) Reasons Dissenting in Part: Rowe J. – 417

(00:00:56) I. Overview – 417

(00:06:00) II. The Applicability of the Charter Is Determined Under Section 32(1) – 426

(00:08:26) III. The Charter Applies to the Federal and Provincial Governments and Entities or Activities With a Significant Connection to Those Governments – 431

(00:11:01) A. Text of Section 32(1) – 434

(00:12:32) B. Section 32(1)’s History and Place Within the Structure of the Constitution Act, 1982 – 437

(00:13:06) (1) The Charter Was Designed by the Federal and Provincial Governments, for the Federal and Provincial Governments – 438

(00:16:10) (2) Indigenous Peoples Were Addressed Separately Within the Constitution Act, 1982 – 442

(00:23:42) C. Jurisprudence on the Purpose and Scope of Section 32(1) – 454

(00:28:54) (1) The Nature of the Entity – 459

(00:35:18) (2) The Nature of the Activity – 466

(00:37:11) D. Summary – 469

(00:37:44) IV. The VGFN Arrangements Do Not Establish a Significant Connection to Either the Federal or the Yukon Government – 470

(00:40:30) A. The Nature of the VGFN – 474

(00:53:43) B. The Nature of the Residency Requirement – 491

(00:58:10) C. Summary – 496

(00:58:51) V. A Proper Application of Section 32(1) Promotes the Objective of Reconciliation – 497

(01:07:30) VI. The VGFN Agreed to the Enactment of Its Own Rights Protections, Rather Than the Application of Charter Protections – 508

(01:08:10) A. The VGFN Arrangements Do Not Contain an Agreement as to the Applicability of the Charter – 509

(01:15:14) B. The VGFN Has Enacted Its Own Rights Protections – 517

(01:19:13) VII. Conclusion – 522