On November 4, 2015, the Yukon Court of Appeal released its decision in the Peel River case that we first
reported on here. The decision focussed on whether
the Yukon Government properly followed the land use planning
process set out in three modern land claims agreements in the
development of a land use plan for the Peel River region. The
Court of Appeal largely agreed with the lower court that the Yukon
Government had not followed the proper process in making extensive
changes to a land use plan prepared by an independent regional
planning Commission. However, the Court of Appeal also
confirmed that the Yukon Government has a broad power to make land
use decisions for Crown lands in the territory, as long as
those decisions are made in a manner consistent with the treaties,
interpreted in a generous, purposive manner, and consistent with
the honour of the Crown. Accordingly, the Court of Appeal
sent the parties back to the point at which the process
