The Yukon government plans to appeal a court decision that revoked a permit for a mining project near Mayo
The Yukon government is appealing a court decision disapproving a mining project near Mayo, Yukon.
It is the latest in an ongoing dispute between the territorial government and the First Nation of Na-Cho Nyäk Dun (FNNND) over a project in the First Nation’s traditional territory.
The First Nation filed a petition with the Yukon Supreme Court in 2021, shortly after the Yukon government gave the green light to Vancouver-based Metallic Minerals Corp.’s project. had given. The quartz exploration project is planned to be completed over 10 years on 52 claims north of Mayo.
The First Nation argued at a hearing last summer that the Yukon government did not appear to have thought much about FNNND’s interests or concerns before signing off on the project.
The Yukon government dismissed those complaints, telling the court that its consultation process was “reasonable” and that the First Nation had ample opportunity to voice its concerns.
The First Nation also argued that the approval amounted to “backdoor land-use planning” because FNNND does not yet have a final regional land-use plan for its territory — although it was promised one in its nearly 30-year-old definitive agreement.
In a Jan. 31 written decision, Supreme Court Chief Justice Suzanne Duncan described “the heart of this dispute” in whether the territorial government can authorize a project in an area while land-use planning is underway.
Duncan determined that Yukon had failed to properly notify the Metallic Minerals Corp. project.
“The duty of consultation in this case is at the higher end of the spectrum, including but not limited to the requirements to discuss the consultation process and the need for community consultation to meet in good faith and with an open mind to discuss issues raised and Discuss concerns, give serious consideration to the concerns raised, make efforts to minimize adverse impacts, and provide information on how and why actions have been taken,” the decision reads.
“The advice in this case was insufficient.”
The government’s decision on the Metallic Minerals project is therefore “overturned and reversed”.
Duncan agreed to the First Nation’s request for explanations that the Yukon government had failed in its duty to advise and ensure meaningful participation in the management of lands and resources in the Traditional Territory and that it did not understand the impact of its permit on existing lands have taken into account planning process use.
The Yukon government has not violated any land-use planning obligations, the court said
The First Nation’s petition also asked the court to find that the Yukon government had failed in its obligations to implement a land-use planning process under Chapter 11 of the final agreement.
Duncan disagreed.
“There is no finding that the Yukon government has failed to conscientiously implement the promises of the treaty, including Chapter 11 land-use planning for the entire Traditional Territory,” the decision reads.
“The contested decision and the record of evidence before the court do not support such a finding.”
In an appeal filed with the Yukon Court of Appeal earlier this month, the territorial government is asking that Judge Duncan’s decision and statements be set aside. The government is also demanding that the First Nation’s claims, as set out in the original petition, be dismissed and the legal costs associated with the case reimbursed.
The First Nation has not yet filed a response, nor has a date been set for hearing the appeal.
Duncan’s decision brings the assessment process for Metallic Minerals’ project back to the point at which the report and recommendations of the Yukon Environmental and Socio-economic Assessment Board were issued.
A government lawyer said in court last summer that rescinding the permit would likely nullify the proposed exploration project.
