First Nation in Yukon sues government over mineral claims on settlement land

A First Nation in northwestern Yukon is suing the territorial government, arguing it’s done little to address longstanding concerns about inactive mineral claims it says are harming its settlement land. The Tr’ondëk Hwëch’in First Nation in Dawson City, about a six-hour drive north of Whitehorse, says it filed a statement of claim in Yukon Supreme Court on Dec. 4. According to a press release, the self-governing First Nation’s settlement land is riddled with hundreds of mineral claims that existed before it signed its final agreement with the territory and the federal government in 1998. The claims fall under “encumbering rights,” meaning they can “encumber” or limit the First Nation’s use and enjoyment of its settlement land. According to Tr’ondëk Hwëch’in, it’s been a problem for years. It claims successive governments have breached its final agreement by failing to properly manage what it describes as “idle and unlawful” claims, causing ongoing “damage” to its settlement land. The lawsuit calls on the government to address the alleged mismanagement, uphold its treaty obligations as originally intended and asks for “significant” damages. Read more:                          Tr’ondëk Hwëch’in First Nation says Yukon dragging its feet approving land use plan                          First Nations in Yukon demand repeal of territory’s mining amendments The lawsuit follows the newly elected conservative-leaning Yukon Party taking office. But Hähkè (Chief) Darren Taylor said in the release the legal action isn’t aimed at any particular government. “This is not about any one political party’s wrong doings; this is about ensuring our treaty partner upholds their end of the deal. We are tired of waiting for (the Yukon government) to do what they are obligated to do, and this damage must be remedied,” he said. He also noted the lawsuit isn’t aimed at encumbering rights that the First Nation feels is being properly managed. “(The Yukon government) must be held accountable for doing nothing while other improper rights stop us from using our settlement land and causing us harm,” he said. Tr’ondëk Hwëch’in First Nation Hähkè (Chief) Darren Taylor says the government isn’t upholding its treaty obligations concerning mineral claims on its settlement land. Photo: APTN News APTN News reached out to the First Nation for an interview, but did not receive one by deadline. Cabinet communications spokesperson Tim Kucharuk said in an emailed statement the government is aware of the lawsuit and will be reviewing the statement of claim. “Going forward, the new Government of Yukon looks to strengthen its relationship with Tr’ondëk Hwëch’in,” he said. The government has not yet filed a statement of defence. Continue Reading