RRDC appeal against 2017 Yukon Supreme Court decision dismissed

The Yukon Court of Appeal has dismissed Ross River Dena Council’s (RRDC) appeal of a 2017 Yukon Supreme Court decision on Canada’s duty to negotiate with the First Nation.

Ruling on a lawsuit filed by RRDC against the Attorney General of Canada, Yukon Supreme Court Justice Leigh Gower found in July 2017 that while historic documents obliged Canada to negotiate with “pre-existing Aboriginal societies” and that Canada had failed to do so from at least 1969 to 1973, Canada’s modern-day negotiations with RRDC made up for that breach.

He declined to make several declarations requested by RRDC related to compensation and halting development on RRDC and Kaska traditional territory until a settlement is reached.

RRDC filed an appeal in November 2017, claiming that Gower erred on two grounds, including that Gower wrongly determined the Crown’s historic breach of obligation to negotiate land claims with Kaska Nation was “ameliorated” by modern good-faith negotiations.

In a decision released Feb. 19, Yukon Court of Appeal justices John Savage, Shannon Smallwood and Barbara Fisher dismissed the appeal, finding that Gower had not erred.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

U Kon Echelon hosts Tour de Haines Junction

U Kon Echelon continued its busy schedule with the Tour de Haines… Continue reading

Melted beeswax, community pottery take centre stage at Arts Underground’s August shows

Two new, and very different, shows will be opening at Whitehorse’s Arts… Continue reading

Northern First Nations call for a major overhaul of mining legislation

The Na-Cho Nyäk Dun, Tr’ondëk Hwëch’in and Vuntut Gwitchin Governments say change is long overdue

Yukon Salmon Sub-Committee recommends First Nations take ‘additional measures’ to conserve Chinook

Recommendation comes as Chinook run on the Yukon River appears unlikely to meet spawning goals

Students prepare for online learning as Yukon University announces fall semester

The school plans to support students who may struggle with remote learning

Changes to federal infrastructure funds allow for COVID-19 flexibility

Announcement allows for rapid COVID-19 projects and expands energy programs to Whitehorse

City hall, briefly

A look at decisions made by Whitehorse city council this week

C/TFN announces Montana Mountain reopening plan

Carcross/Tagish First Nation and the Carcross/Tagish Management Corporation announced the partial reopening… Continue reading

Roberta Joseph reelected as Tr’ondëk Hwëch’in chief

Unofficial results show Joseph with more than double the votes of runner-up

Development incentives considered for three projects

Projects will add 24 rental units to the market

Delegate calls for crosswalk changes to show support for people of colour

Mayor states support for idea, but cautions it could take some time

Whitehorse advises of water system maintenance

Residents on the city’s water system are being advised they may notice… Continue reading

Walkway, signs planned for West Dawson paddlewheel graveyard

Unofficial attraction may get 135-m walkway and interpretive signs, if YESAB application approved

Most Read