A citizen of a self-governing Indigenous First Nation challenged a residency requirement in the First Nation's constitution requiring its Chief and Councillors to reside on settlement land or relocate there within 14 days of election.
The majority held that the Charter applies to the First Nation as a government by nature under s. 32(1), that the residency requirement constitutes a prima facie infringement of the appellant's s. 15(1) equality right, but that s. 25 of the Charter shields the requirement from abrogation or derogation because it protects Indigenous difference tied to ancient land-based governance practices.
Martin and O'Bonsawin JJ. dissented on the appeal, finding the s. 15(1) claim must succeed and s. 25 does not shield internal governance rules from Charter claims brought by community members.
Rowe J. dissented on the cross-appeal, finding the Charter does not apply to the First Nation's exercise of its inherent self-government right.
