First Nation of Na-Cho Nyäk Dun Notice re Mineral Staking

Press Release

(Mayo, Yukon) The First Nation of Na-Cho Nyäk Dun (“FNNND”) has initiated a regional land use planning process with the Government of Yukon, as announced publicly yesterday. On the heels of this announcement, FNNND is issuing this notice to industry—mineral prospectors, proponents, and their financial backers—that any claims staked in the FNNND Traditional Territory during the pendency of the planning process are unwelcome, unlawful, and will be opposed through all available legal and political avenues.

Yukon courts have been clear that undertaking development while a land use planning process is underway undermines the planning process and FNNND’s treaty right to land use planning. In First Nation of Na-Cho Nyӓk Dun v Yukon (Government of), the Yukon Supreme Court held:

A land use plan becomes meaningless if development is allowed to continue without any consideration for the land use planning process, because it will result in a reduction of the amount of undeveloped land available by the time the plan is negotiated and implemented. This in turn affects the ability of the FNNND to exercise their s. 35 Treaty rights in the area.

This was affirmed by the Yukon Court of Appeal, which found, “approval of a development project in an area where land use planning is occurring may undermine the land use planning process, and the s. 35 treaty rights which that process is intended to uphold, because it will reduce the amount of undeveloped land available if and when a land use plan is negotiated and implemented.”

Accordingly, Yukon law strongly discourages staking claims in areas undergoing a land use planning process.

“Any development in an area where land use planning is occurring is inappropriate and unwelcome,” FNNND Chief Dawna Hope said. “FNNND is advising all mining companies and their financial backers that no new claims should be staked in our Traditional Territory moving forward, to protect our planning process and our treaty rights. We will vigorously oppose—through all possible political and legal means—any new claims staked on our territory.”

FNNND has adopted its own Mining Policy which will govern mining in the FNNND Traditional Territory during the pendency of the planning process.

No interviews are available at this time. ​

​For more information, please contact:

Sarah Frey, Communications Contractor, First Nation of Na-Cho Nyäk Dun

frey@sarahfrey.ca

867-689-8514

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