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EPISODE · Apr 26, 2024 · 56 MIN

Individual Rights and Indigenous Difference

from Justice with John Carpay · host The Justice Centre for Constitutional Freedoms

Lawyer Marty Moore takes us through a complex Supreme Court of Canada decision, Dickson v. Vuntut Gwitchin First Nation, about whether First Nations governments are subject to the Canadian Charter of Rights and Freedoms. If they are, then what protections would they have to preserve what is known, legally, as "indigenous difference?" Vuntut Gwitchin First Nation is in the very north of the Yukon Territory and centred in the remote community of Old Crow (pop. 221) on the banks of the Porcupine River. It is accessible only by plane. Isolated though it is, this decision will reverberate across Canada. CanLII, Mar 28, 2024: Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 Vuntut Gwitchin First Nation Supreme Court of Canada: Summary, Cindy Dickson v. Vuntut Gwitchin First Nation Dwight Newman on Verfassungsblog, Mar 28, 2024: A Supremely Complex Decision CanLII, Feb 15, 2023: McCarthy v. Whitefish Lake First Nation #128, 2023 FC 220 The Court, Oct 25, 2022: Appeals Watch: Clashing Constitutional Principles — SCC grants leave in Cindy Dickson v Vuntut Gwitchin First Nation Supreme Court of Canada, May 20, 1999: Corbiere v. Canada (Minister of Indian and Northern Affairs) Supreme Court of Canada, Jun 9, 2005: Chaoulli v. Quebec (Attorney General) CBC, Nov 7, 2006: House passes motion recognizing Quebecois as nation CTV, Apr 4, 2023: 24 Sussex Drive closed as rodent carcasses fill the walls and attic: documents Supreme Court of Canada, Sep 9, 1993: Rodriguez v. British Columbia (Attorney General) Supreme Court of Canada, Feb 6, 2015: Carter v. Canada (Attorney General) Justia, U.S. Supreme Court: Roe v. Wade, 410 U.S. 113 (1973) Cornell Law School LII: Dobbs v. Jackson Women's Health Organization Archaeology, Jan 17, 2017: New Dates Obtained for Bones from Canada’s Bluefish Caves Theme Music "Carpay Diem" by Dave Stevens Support the show

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Lawyer Marty Moore takes us through a complex Supreme Court of Canada decision, Dickson v. Vuntut Gwitchin First Nation, about whether First Nations governments are subject to the Canadian Charter of Rights and Freedoms. If they are, then what protections would they have to preserve what is known, legally, as "indigenous difference?" Vuntut Gwitchin First Nation is in the very north of the Yukon Territory and centred in the remote community of Old Crow (pop. 221) on the banks of the Porcupin...

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Individual Rights and Indigenous Difference

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