Supreme Court rules in favour of Yukon First Nations in Peel watershed dispute

“Unanimous decision requires gov't to consider independent commission's plan, gov't sought to restart process.

The Supreme Court of Canada has ruled in favour of Yukon First Nations in their fight to protect the Peel watershed region, overturning a decision that rolled back years of planning and ordering the government to consider a final recommended plan proposed by an independent commission.

The unanimous ruling released Friday ends a five-year legal battle between the Yukon government and a group of First Nations and environmental groups. The case was fought in territorial courts before the First Nations and environmental groups appealed to the country's highest court.

A Supreme Court hearing was held in Ottawa in March.

In the ruling Friday, written by Justice Andromache Karakatsanis, the court upheld a ruling by a trial judge to quash the territorial government's final land use plan, ordering the planning process to resume at an earlier stage.

Changes made by the territorial government's land use plan "did not respect the Chapter 11 process," the decision reads. "Respect for this process is especially important where, as here, the planning area includes First Nations' traditional territories within non-settlement areas.

"As both the trial judge and Court of Appeal noted, Yukon's conduct was not becoming of the honour of the Crown."”

Please continue reading at article source.

Article Source:

Connect with us

IPMG Organizing Partners

1 Roman Ayson Road, Baguio City 2600, Philippines
Tel. No. +63 74 444-7703 / Tex Fax +63 74 443-9459

International Indian Treaty Council
2940 16th Street, Suite 305, San Francisco, CA 94103, USA

This initiative is being implemented with funding by the European Union.


Indigenous Peoples Major Group for Sustainable Development © Copyright 2018.