MAC: Mines and Communities

Canadian Supreme Court rejects Yukon government's appeal over mining law

Published by MAC on 2013-09-21
Source: Mining News, Financial Post, CBC News (2013-09-20)

Previous article on MAC: Canada: Yukon court decision could force BC to overhaul its antiquated mining laws

The Court of Appeal judgment - which now stands - is at http://canlii.ca/en/yk/ykca/doc/2012/2012ykca14/2012ykca14.pdf.

Its immediate application relates to the territory of the Ross River Dena. However, the same situation exists in other parts of the Yukon and NWT, not covered by treaties or comprehensive claims agreements, as well as in much of British Columbia.

Whether First Nations will have to go to court repeatedly to force the issue remains to be seen.

Canadian Supreme Court rejects Yukon government's appeal over mining law

Ana Komnenic

Mining.com

20 September 2013

In a victory for aboriginal land use rights, the Canadian Supreme Court has rejected an appeal by the Yukon government over a Yukon appeal court's decision on land staking.

The Supreme Court said on Thursday it won't challenge the ruling which requires miners to consult with a First Nation before claiming land in the Ross River Dena territory.

Under the Quartz Mining Act, mining companies had been going through the Yukon government when registering land claims in the Ross River area, Financial Post reports. The Ross River Dena Council would only be consulted once further exploration activities began.

In 2012, a Yukon appellate court ruled that the Act violated the Canadian constitution.

Thursday's decision puts a temporary freeze on registering mining claims in the region, CBC News reports.

According to the Supreme Court's website, the appeal was dismissed with costs.


Yukon to consult First Nation over mining claims

CBC News

19 September 2013

The Yukon Government says it will comply with a court ruling ordering consultation with a First Nation before mining claims can be registered.

The Supreme Court of Canada dismissed the territory's request to appeal a lower court decision that ordered government to change the way mining claims are registered on unsettled lands in Ross River Dena territory.

That ruling said the government must consult with the Ross River Dena before registering certain mineral claims on land that might affect the First Nation's traditional rights.

Tom Ullyett of the Yukon Department of Justice said today's Supreme Court of Canada ruling puts a temporary freeze on staking in the Ross River region.

"We are now getting tooled up to comply with that part of that decision and the government will not allow any staking in that area until the proper consultation has occurred with [Ross River Dena Council]."

The court ruling is of major concern for Yukon mining interests but the Yukon Chamber of Mines president said he believes the impasse is temporary and accommodations can be worked out with the Ross River Dena Council.


Supreme Court of Canada refuses leave to hear appeal of Yukon mining case

Drew Hasselback

Financial Post

17 September 2013

The Supreme Court of Canada decides Thursday whether it will review a previous court ruling that put the Yukon Territory's "free entry" staking system into legal limbo

The Supreme Court of Canada will not review a decision from the Yukon Court of Appeal that put the Territory's "free entry" staking system into legal limbo.

In its usual Thursday morning press release, the Supreme Court said the Yukon government's application for leave to appeal the appellate decision was "dismissed with costs."

Last December, a three-judge panel of the Yukon appellate court unanimously held that the Territory's hard rock mining legislation, the Quartz Mining Act, violated the Canadian constitution because it required mining claims to be recorded before any consultation over the legal status of the land had taken place between the crown and natives.

The Yukon government last March applied to the high court for permission to appeal the appellate court's ruling.

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