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ARTICLE · 21 OCTOBER 2013

Ross River

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The Supreme Court of Canada has decided not to hear an appeal from Yukon relating to consultation with Aboriginal groups and the "free entry" mining regime

CanadaEnergy and Natural Resources
Scott Kerwin
Scott Kerwin
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The Supreme Court of Canada has decided not to hear an appeal from Yukon relating to consultation with Aboriginal groups and the "free entry" mining regime. The Yukon Court of Appeal, in a December 2012 decision, made a declaration that the Government of Yukon has a duty to notify and, where appropriate, consult with the Ross River Dena Council (RRDC) before allowing any mining exploration activities to take place on lands claimed by the RRDC. More significantly, the Court of Appeal declared that Yukon has a duty to consult with the RRDC in determining whether mineral rights on Crown lands within the RRDC land title claim are to be made available to third parties under the provisions of the Quartz Mining Act, S.Y. 2003, c. 14. This decision went beyond the trial judge's decision in November 2011 that Yukon could satisfy its duty to consult by providing monthly notice to RRDC of newly-recorded mining claims within its traditional territory.

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