To kick off 2024 the Supreme Court of Yukon delivered its
decision in Ross River Dena Council v Yukon (Government
of), 2024 YKSC 1. This case was a judicial review of the
Decision Body of the Yukon Environmental and Socio-economic
Assessment Board (“YESAB”) resulting from the impact
assessment relating to a project proposal by BMC Minerals Ltd. that
sought to have a copper, lead and zinc mine approved within the
traditional territory of the Kaska Nation.
(“Kaska”).
The case centered around a proposed mining project by BMC
Minerals Ltd., known as Kudz Ze Kayah, located on the traditional
territory of the Kaska within the Pelly Mountain Range.
The name Kudz Ze Kayah translates to “caribou
country,” reflecting the significance of the area to the
local Indigenous peoples. The project underwent a comprehensive
approval process under the Yukon Environmental and Socio-economic
Assessment Act (YESAA). This process required approval from both
federal and territorial