The Respondent, Ross River Dena Council applied for a declaration that the Applicant, the Government of Yukon had a duty to consult prior to recording the grant of quartz mineral claims under the Yukon Quartz Mining Act within the lands comprising the Ross River Area. The chambers judge held the Government of Yukon had a duty to consult and found this duty would be satisfied if it provided notice of newly-recorded quartz mining claims within its traditional territory. The C.A. allowed the appeal and agreed there was a duty to consult but did not agree that mere notice of the recording of a claim will always satisfy the Government of Yukon's obligations.
Government of Yukon v. Ross River Dena Council (Y.T. C.A. Dec. 27, 12) (35236)