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ARTICLE · 08 FEBRUARY 2024

Deep Consultation Demanded: The Yukon Court's Ruling On Indigenous Land Rights

To kick off 2024 the Supreme Court of Yukon delivered its decision in Ross River Dena Council v Yukon (Government of), 2024 YKSC 1.

CanadaGovernment, Public Sector

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

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