Yukon Must Follow Land Use Planning Process From Umbrella Final Agreement, SCC Rules

On December 1, 2017, in First Nations of Nacho Nyak Dun v. Yukon (Nacho Nyak Dun), the Supreme Court of Canada (SCC) overturned a Yukon government decision to open the Peel watershed for development and significantly modify the Peel Watershed Planning Commission's (Commission) final recommended plan (Plan). The SCC ruled that the final agreements with a number of First Nations, which enabled the Commission and provided for the land use planning process, did not permit Yukon to make such dramatic modifications to the Commission's Plan.

BACKGROUND

In 1993, Canada, Yukon and the Council for Yukon Indians entered into an Umbrella Final Agreement, which served as the blueprint for individualized final agreements, which were later negotiated with Yukon First Nations. The final agreements recognize the traditional territories of the First Nation signatories and their right to participate in the management of public resources in that area. Each final agreement adopted the