Yukon land-claim fight heads to top court
Last Updated: Tuesday, September 1, 2009 | 10:27 AM CT
CBC News
Related
External Links
(Note: CBC does not endorse and is not responsible for the content of external sites - links will open in new window)
A land-claim dispute over a parcel of Yukon farmland is growing into a national fight over aboriginal rights that will unfold later this fall at the Supreme Court of Canada.
No fewer than 20 lawyers representing the federal government, three provincial governments and eight aboriginal organizations plan to appear before Canada's highest court on Nov. 12, as part of a five-year-old legal dispute between the Yukon government and the Little Salmon Carmacks First Nation.
As of late last week, the Supreme Court of Canada has accepted interventions from the federal government and provincial governments in Quebec and Newfoundland and Labrador, which all want a say in the court case.
The top court has also accepted interventions from the Council of Yukon First Nations, the Kwanlin Dun First Nation in Whitehorse and aboriginal governments and organizations in the Northwest Territories, Nunavut, Quebec and British Columbia.
The Supreme Court has not yet decided if it will hear oral arguments from all lawyers present. The court has already instructed all interveners to keep their written arguments no longer than 12 pages in length.
Duty to consult
The Yukon government is appealing decisions by two lower courts that say it has a duty to consult with First Nations about land dispositions in their traditional territories.
The dispute began when the Little Salmon Carmacks First Nation objected to the government's granting of a 65-hectare agricultural land lease to a prospective farmer in 2004.
The lease was for land north of Carmacks, within the Little Salmon Carmacks First Nation's traditional territory.
In 2007, the Yukon Supreme Court ruled that the territorial government had not properly consulted with the First Nation before granting the agricultural lease.
Yukon government lawyers have argued that the land-claim agreement it has with the First Nation details each party's obligations. The courts have no right to impose further duties, they argue.
Share Tools
Latest North News Headlines
- Baffinland submits environmental impact statement
- Baffinland Iron Mines has submitted its final environmental impact statement for a proposed mine on northern Baffin Island. more »
- Charges laid in $150K fraud of Vancouver Firefighters Band
- The former treasurer of the Vancouver Firefighters Band, Jason Davidson, has been charged with stealing over $150,000 from the band's account. Davidson currently works as a deputy fire chief in Yellowknife. more »
- Yukon won’t ban mining in Peel watershed
- The Yukon Government says it won't ban mining or any other resources development in the Peel watershed. more »
- 2 NDP MPs back final Commons vote to kill gun registry
- Two NDP MPs broke party ranks to vote with the government in the final House of Commons vote on scrapping the long-gun registry. more »
Top News Headlines
- Tories move to curb 'bogus' refugees
- The Conservative government is poised to change the refugee system yet again in an attempt to deter what it considers "bogus" claimants, CBC News has learned. more »
- Children of immigrants challenged at school, home
- By 2016, foreign-born youth and Canadian-born youth from immigrant families will make up a quarter of the country's population, according to predictions by the Canadian Council on Social Development. As their numbers grow, more attention is being paid to their successes and failures. more »
- 2 NDP MPs back final Commons vote to kill gun registry
- Two NDP MPs broke party ranks to vote with the government in the final House of Commons vote on scrapping the long-gun registry. more »
- B.C. house party trial hears from tearful teens
- Two teenagers cried as they testified at the trial of a B.C. woman who was charged after a teen died while her son was hosting a party at her house in 2008. more »
- Yellowknife airport worker struck by propeller
- 10 days to fix helicopter-downed power line
- Helicopter strikes power line near Yellowknife
- Iqaluit RCMP officers to stay longer
- Iqaluit man arrested for sex offences against children
- Yukon Gwitchin chief resigns
- 2 NDP MPs back final Commons vote to kill gun registry
- First nine Yukon Quest mushers in Whitehorse
- Agnico-Eagle to issue update on finances

