Honour of the Crown at stake as Yukon fails to consult on mining application, says Nation – by Shari Narine (Welland Tribune/Windspeaker.com – March 16, 2021)


For the second time in eight years, the First Nation of Na-Cho Nyäk Dun is challenging the Yukon government in court over a land-use plan.

“This kind of litigation isn’t good for anybody and it’s really disappointing that, now twice, two successive Yukon governments have approached land-use planning in a way that has resulted in judicial action being the only recourse available to the First Nation,” said Nuri G. Frame, legal counsel for Na-Cho Nyäk Dun.

On March 15, the First Nation filed a petition in the Supreme Court of Yukon challenging the Yukon government’s decision to approve Metallic Minerals Corporation’s (MMC) application for quartz mining in the Beaver River land-use area.

The Nation is arguing that no development should be allowed until the Beaver River land-use plan is approved. MMC’s project is located entirely in Na-Cho Nyäk Dun’s traditional territory and entirely within the Beaver River land-use area.

The Nation is also arguing that the Yukon government “breached its duties … flowing from the honour of the Crown” to consult through a number of existing agreements, including Sect. 35 of Canada’s Constitution.

For the rest of this article: https://www.wellandtribune.ca/ts/news/canada/2021/03/16/honour-of-the-crown-at-stake-as-yukon-fails-to-consult-on-mining-application-says-nation.html