On Monday, February 25, 2013, the Government of the Yukon filed an application seeking leave to appeal to the Supreme Court of Canada the December 27, 2012 decision of the Yukon Court of Appeal in Ross River Dena Council v. Government of Yukon.

According to its press release of February 25, 2013, the Government of Yukon wants direction from Canada’s highest court on when the duty to consult with First Nations arises in the context of mineral staking. Yukon’s Premier Darrell Pasloski is quoted therein as indicating, “The Government of Yukon believes the Yukon Court of Appeal decision impacts nearly every jurisdiction in Canada and should be addressed by the Supreme Court of Canada”.


type Mineral Staking and the Duty to Consult - March 2013