Mineral Claims And The Duty To Consult In Yukon

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On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of the Ross River Dena Council (“RRDC”) against the Yukon Government.

The appeal concerned the duty of Yukon to consult with RRDC when allowing mineral claims to be recorded over land on which RRDC has asserted claims of Aboriginal title and Aboriginal rights. RRDC appealed from the Chambers Judge’s decision that only notice was required to be given to RRDC for recorded claims within their territory.

RRDC claims Aboriginal title over some 63,000 sq. kilometres of the southeast part of Yukon, comprising of approximately 13% of Yukon.

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