Recording of mineral claims in Yukon attracts a duty to notify First Nations

The Supreme Court of Yukon held that the Yukon Government owes a duty to consult to the Ross River Dena Council (RRDC) regarding the recording of mineral claims in the traditional area claimed by the RRDC – a duty that could be met by notifying the RRDC of the claims once they were recorded. Mr. Justice Veale, in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84, issued a declaration that the duty was owed, but suspended the effect of that declaration for one year to give the parties an opportunity to negotiate how to implement the decision. Fasken Martineau's Kevin O'Callaghan appeared as counsel for the intervenor, Yukon Chamber of Mines, on the hearing.