ARTICLE · 25 SEPTEMBER 2013

Ross River - Application For Leave To Appeal To SCC Dismissed

Norton Rose Fulbright Canada LLP

Explore more from Norton Rose Fulbright Canada LLP

This morning, the Supreme Court of Canada dismissed, with costs, the application for leave to appeal the Yukon Court of Appeal’s decision in Ross River Dena Council v. Government of Yukon, 2013 YKCA 7.

CanadaGovernment, Public Sector

Norton Rose Fulbright Canada LLP

Author LinkedIn connections

September 19, 2013 - This morning, the Supreme Court of Canada dismissed, with costs, the application for leave to appeal the Yukon Court of Appeal's decision in Ross River Dena Council v. Government of Yukon , 2013 YKCA 7. The Ross River case addressed the Yukon government's duty to consult with First Nations in the context of the territory's free-entry mining system.

Our previous bulletin discussed the Yukon Court of Appeal decision in detail. In brief, the court found that the Yukon government had a duty to notify and, where appropriate, consult with and accommodate First Nations before allowing any mining exploration activities that may prejudicially affect Aboriginal rights. The Supreme Court of Canada's decision not to review the Court of Appeal's decision means it is now law in the Yukon. The principles in the case may also influence other jurisdictions, including BC, which continue to rely on free-entry systems for mining activities.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Bike Lanes And The Charter: Who Really Decides? (Podcast)

CanadaGovernment, Public Sector

Gardiner Roberts LLP

Tariff Supports For Manitoba Employers And Businesses

CanadaGovernment, Public Sector

Supply And Command: Canada Moves To Overhaul Defence And National Security Procurement

CanadaGovernment, Public Sector

Federal Court Of Appeal Concludes UNDRIP Legislation Does Not “Immediately Implement” UNDRIP

CanadaGovernment, Public Sector

Blake, Cassels & Graydon LLP

Federal Court Of Appeal Reverses Decision On UNDRIP And Consultation

CanadaGovernment, Public Sector

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Government, Public Sector

New Act Respecting Contracting By Municipal Bodies: How To Secure Your Bids

Effective April 1, 2026, Quebec's Act respecting contracting by municipal bodies fundamentally transforms how municipal contracts are awarded, moving beyond the traditional lowest-price model to embrace qualitative evaluation criteria including environmental practices, life cycle costs, and contractor performance history. Municipal bodies now have eight award procedures to choose from, along with new pre-tender processes that can limit competition to prequalified enterprises. Contractors must adapt their te

CanadaGovernment, Public Sector

BCF Business Law

Built To Move: Ontario Accelerates Infrastructure Delivery In The 2026 Budget

For infrastructure sponsors, lenders, contractors, institutional investors and Indigenous partners, the implications are less about the size of the pipeline—already well understood—and more about how projects will be advanced, financed and de-risked in practice.

CanadaGovernment, Public Sector

Change Order: Canada’s Spring Economic Update 2026 Sets A New Federal Infrastructure Agenda

On April 28, 2026, the federal government released Canada’s Spring Economic Update 2026 (the “ Update ”), continuing the “Build Canada Strong” agenda first set out in Budget 2025.

CanadaGovernment, Public Sector

Court Of Appeal For Ontario Clarifies Test For Leave To Appeal From Divisional Court

In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel of the Court of Appeal for Ontario revisited the test governing motions for leave to appeal from decisions of the Divisional Court.

CanadaGovernment, Public Sector

McCarthy Tétrault

Building Canada: Investing In Major National Projects

Canada is experiencing a surge in infrastructure investment driven by streamlined regulatory approvals, enhanced government financing mechanisms, and growing demand for energy and digital infrastructure. This guide examines the evolving legal and regulatory landscape that foreign investors must navigate to successfully structure, finance, and develop major projects across the country.

CanadaGovernment, Public Sector

Blake, Cassels & Graydon LLP

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ

CanadaGovernment, Public Sector

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.

CanadaGovernment, Public Sector

Bennett Jones LLP

Permit Me To Explain: Bill C-39’s Plan To Build Canada Faster

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing to compress federal project approval timelines from five years to one year through consolidated permitting and streamlined processes. The legislation also modernizes transportation infrastructure through National Trade Corridors and reforms labour relations by strengthening collective bargaining while clarifying ministerial powers to intervene in work stoppages.

CanadaGovernment, Public Sector

Bill C-39 Introduced: What The Building Canada Strong Act Could Mean For Major Project Approvals

On September 21, 2026, the federal government introduced Bill C-39, the Building Canada Strong Act. It is the latest and most comprehensive instalment in a series of federal reforms that began in 2025 with the Building Canada Act and the creation of the Major Projects Office.

CanadaGovernment, Public Sector

Tariff Supports For Manitoba Employers And Businesses

Manitoba has unveiled over $100 million in targeted financial supports designed to shield provincial workers, businesses, and producers from the economic impact of escalating U.S. trade tariffs.

CanadaGovernment, Public Sector