The First Nation of Nacho Nyak Dun v. Yukon

The First Nation of Nacho Nyak Dun v. Yukon

The application was dismissed because the Yukon Planning Council sought to advance issues and interpretations not raised by the parties or decided below; allowing intervention would expand the scope of the litigation and commandeer the proceedings, causing potential injustice to the parties, so intervention was refused and costs awarded.

Citation
2015 YKCA 12
Parties
Respondent (plaintiff): The First Nation of Nacho Nyak Dun; Respondent (plaintiff): The Tr'ondëk Hwëch'in; Respondent (plaintiff): Yukon Chapter-Canadian Parks and Wilderness Society; Respondent (plaintiff): Yukon Conservation Society; Respondent (plaintiff): Gill Cracknell; Respondent (plaintiff): Karen Baltgailis; Appellant (respondent Below): Government of Yukon; Intervenor: The Gwich'in Tribal Council; Applicant/proposed Intervenor: Yukon Planning Council
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
9 June 2015
Procedural Posture
Appeal / Application for Intervenor Status on Appeal (in Chambers)
Outcome
Application dismissed with costs to the parties.
Legal Topics
Intervenor Status, Umbrella Final Agreement (chapter 11), Statutory Interpretation, Scope of Remedies
Source Language
English
Administrative Law Indigenous Law Land Use Planning Civil Procedure Intervenor Status Umbrella Final Agreement (chapter 11) Statutory Interpretation Scope of Remedies

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Parties

The First Nation of Nacho Nyak Dun

Respondent (plaintiff)

The Tr'ondëk Hwëch'in

Respondent (plaintiff)

Yukon Chapter-Canadian Parks and Wilderness Society

Respondent (plaintiff)

Yukon Conservation Society

Respondent (plaintiff)

Gill Cracknell

Respondent (plaintiff)

Karen Baltgailis

Respondent (plaintiff)

Government of Yukon

Appellant (respondent Below)

The Gwich'in Tribal Council

Intervenor

Yukon Planning Council

Applicant/proposed Intervenor

Procedural Posture

Appeal / Application for Intervenor Status on Appeal (in Chambers)

Legal Issues

  1. 1 Whether the Yukon Planning Council should be granted intervenor status in the appeal
  2. 2 Whether the Council's proposed arguments concern matters not raised by the parties or dealt with below
  3. 3 Whether permitting intervention would unfairly expand the scope of litigation and commandeer the proceedings

Ratio Decidendi

The application was dismissed because the Yukon Planning Council sought to advance issues and interpretations not raised by the parties or decided below; allowing intervention would expand the scope of the litigation and commandeer the proceedings, causing potential injustice to the parties, so intervention was refused and costs awarded.

Court Disposition

Application dismissed with costs to the parties.

Orders

  • Application for intervenor status by the Yukon Planning Council dismissed with costs to the parties.