Ross River Dena Council v. Government of Yukon

Parties

Procedural Posture

Appeal / Court of Appeal Decision on Appeal From Supreme Court of Yukon

Legal Issues

1. 1 Whether the Crown's duty to consult is triggered by the recording of quartz mineral claims in asserted Aboriginal title/rights territory
2. 2 Whether a ministerial/non-discretionary statutory recording absolves the Crown of consultation obligations
3. 3 Whether notice alone satisfies the Haida duty to consult in the open entry mining regime

Ratio Decidendi

Recording of quartz mineral claims within territory with credible asserted Aboriginal title or rights triggers the Crown's duty to consult despite the ministerial nature of the Mining Recorder's recording function; Yukon’s open entry regime as constituted lacks mechanisms to satisfy Haida because it permits allocation of mineral rights and Class 1 exploration without adequate consultation; notice alone is insufficient where potential adverse effects are significant and the Crown must establish a consultation regime proportionate to the strength of the claim and the degree of potential interference; court grants declarations requiring consultation and accommodation before exploration...

Court Disposition

Appeal allowed in part; appellate declarations granted in favor of appellant and suspended for one year; intervenor status clarified and style of cause amended.

Orders

• Declaration that the Government of Yukon has a duty to consult with the plaintiff in determining whether mineral rights on Crown lands within the Ross River Area are to be made available to third parties under the Quartz Mining Act.
• Declaration that the Government of Yukon has a duty to notify and, where appropriate, consult with and accommodate the plaintiff before allowing any mining exploration activities to take place within the Ross River Area to the extent those activities may prejudicially affect Aboriginal rights claimed by the plaintiff.