Court hands partial victory to First Nations who say they weren’t properly consulted over Yukon mine project – by (CBC News – January 5, 2024)

Supreme Court finds the Crown did reasonably consult with Kaska, ‘in all respects but one’

A Yukon judge has handed a partial victory to First Nations who said they weren’t adequately consulted over a proposed mine project in Kaska territory in southeast Yukon.

But the court also found that the federal and territorial governments largely met their duty to consult throughout the environmental assessment process.

In a ruling this week, Yukon Supreme Court Chief Justice Suzanne Duncan found that the Crown “worked hard to engage First Nations in the consultation process” before approving the Kudz Ze Kayah mine in southeast Yukon, while the First Nations often worked to “frustrate and unjustifiably prolong” the consultation process.

At the same time, Duncan found that the Crown failed to give proper attention to a final written submission from the First Nations, and she’s ordered the government’s approval of the mine be set aside until a final consultation meeting can happen this winter.

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