The Supreme Court of Canada has allowed the appeal (in part) of Yukon First Nations and a conservation society in a five-year-old dispute over development of the Peel Watershed in the Yukon Territory, meaning the parties will return to the drawing board.
In First Nation of Nacho Nyak Dun, et al. v. Government of Yukon, a unanimous Supreme Court found the Yukon government had not respected the terms of the Uniform Final Agreement with First Nations. Today’s decision was widely anticipated for its interpretation of the role of courts in resolving disputes arising in the context of modern treaty implementation.
"As expressions of partnership between nations, modern treaties play a critical role in fostering reconciliation,” Justice Andromache Karakatsanis wrote on behalf of the full panel of justices in her introduction to the decision.