Supreme Court will not hear case about mining rights in the Yukon

OTTAWA – The Supreme Court of Canada will not hear the Yukon government’s appeal of a ruling that forced it to consult a First Nation before it registers mining claims.

The Court of Appeal for Yukon previously ruled that the government had a duty to consult the Ross River Dena Council before recording mineral claims on land the First Nation regards as its traditional territory.

Under the Yukon’s Quartz Mining Act, mining companies were allowed to stake a claim and record it in a government registry.

Consultation with aboriginals was required only before further exploration activities could be taken.

A lower court found that simply recording the claims in the government registry satisfied the duty to consult, but the Yukon appeals court ruled mere notice of the recording of a claim did not go far enough.

The Supreme Court did not give reasons for refusing to hear the case, as is its usual custom.