September 19, 2013 - This morning, the Supreme Court of Canada dismissed, with costs, the application for leave to appeal the Yukon Court of Appeal's decision in Ross River Dena Council v. Government of Yukon, 2013 YKCA 7. The Ross River case addressed the Yukon government's duty to consult with First Nations in the context of the territory's free-entry mining system.
Our previous bulletin discussed the Yukon Court of Appeal decision in detail. In brief, the court found that the Yukon government had a duty to notify and, where appropriate, consult with and accommodate First Nations before allowing any mining exploration activities that may prejudicially affect Aboriginal rights. The Supreme Court of Canada's decision not to review the Court of Appeal's decision means it is now law in the Yukon. The principles in the case may also influence other jurisdictions, including BC, which continue to rely on free-entry systems for mining activities.
The case has already had reverberations at the local government level. The Union of BC Municipalities passed a resolution today calling on the provincial government to work with First Nations, local governments, industry and citizens to modernize BC's "free entry" mining laws (see: 2013 Resolutions Book, p. 73).
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