Case information
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35236
Government of Yukon v. Ross River Dena Council
(Yukon Territory) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-09-20 | Close file on Leave | |
| 2013-09-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-09-20 | Judgment on leave sent to the parties | |
| 2013-09-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of the Yukon Territory, Number 11-YU689, 2012 YKCA 14, dated December 27, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2013-08-06 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-05-31 | Supplemental document, Supplemantary reasons | Ross River Dena Council |
| 2013-04-05 | Applicant's reply to respondent's argument, Completed on: 2013-04-05 | Government of Yukon |
| 2013-03-26 | Respondent's response on the application for leave to appeal, Completed on: 2013-03-26 | Ross River Dena Council |
| 2013-03-20 | Correspondence received from, Return of the C/A order form | Government of Yukon |
| 2013-02-27 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2013-02-25 | Application for leave to appeal, Final C/A order missing (rec'd Jun 4/13), Completed on: 2013-02-25 | Government of Yukon |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Government of Yukon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ross River Dena Council | Respondent | Active |
Counsel
Party: Government of Yukon
Counsel
Laurie A. Henderson
Marie-France Major
2134 Second Avenue
Whitehorse, Yukon Territory
Y1A 5H6
Telephone: (867) 667-5164
FAX: (867) 393-6379
Email: penelope.gawn@gov.yk.ca
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Ross River Dena Council
Counsel
Whitehorse, Yukon Territory
Y1A 1H6
Telephone: (867) 668-7353
FAX: (867) 668-6833
Email: stephenwalsh@northwestel.net
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Constitutional law ? Aboriginal rights ? Crown ? Duty to consult ? First Nation applying for declaration that Government of Yukon has a duty to consult prior to recording grant of quartz mineral claims within lands comprising Ross River Area ? Lower courts agreeing on Crown’s duty to consult but differing on what satisfies duty to consult ? Whether legislative action constitutes “contemplated Crown conduct” for purposes of Haida test ? Whether legislation can be declared defective and not allowed to subsist without consideration of whether it meets test for justifying an interference with an asserted aboriginal right ? What is the proper intersection point of the duty to consult with the free entry system ? Quartz Mining Act, S.Y. 2003, c. 14 ? Constitution Act, 1982, s. 35.
The respondent, Ross River Dena Council applied for a declaration that the applicant, the Government of Yukon has a duty to consult prior to recording the grant of quartz mineral claims under the Quartz Mining Act, S.Y. 2003, c. 14 (“QMA”) within the lands comprising the Ross River Area.
The chambers judge held that 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 Court of Appeal 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.
Lower court rulings
Supreme Court of the Yukon Territory
10-A0148, 2011 YKSC 84
Declaration granted that Government of Yukon has a duty to consult Ross River Dena Council after issuance of a mineral claim with the Ross River Area. Duty is satisfied by giving notice to First Nation by providing report under Quartz Mining Act. Declaration suspended for one year.
Court of Appeal of the Yukon Territory
11-YU689, 2012 YKCA 14
Appeal allowed. Declaration granted that Government of Yukon has a duty to consult with Ross River Dena Council in determining whether mineral rights on lands within Ross River Area are to be made available to third parties under Quartz Mining Act. Government of Yukon has a duty to notify, and where appropriate consult with and accommodate Ross River Dena Council before allowing any prejudicial mining exploration activities to take place. Declaration suspended for one year.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available