First Nation challenges Yukon’s fast-track mining approvals

The Tr’ondëk Hwëch’in First Nation has initiated a second lawsuit over mining regulations against the Yukon government within two months, alleging the […]
Resource development is part of a larger story in Yukon including public interest, Indigenous rights and environmental responsibility, assessor says. Image of Traditional Territories of the Tr’ondëk Hwëch’in and First Nation of Na-Cho Nyak Dun/Kent Bretzlaff

The Tr’ondëk Hwëch’in First Nation has initiated a second lawsuit over mining regulations against the Yukon government within two months, alleging the territory violated its final agreement. The First Nation claims the government failed to conduct proper consultations before amending three regulations, which allowed for extensions of mining projects on its traditional lands, according to a report by CBC News.

In May 2025, the Yukon government amended placer mining, quartz mining, and waters regulations. It stated that these changes would permit extensions for mining operations undergoing environmental assessments. At the time, the government indicated it faced a backlog in permit processing. The Yukon Environmental and Socioeconomic Assessment Act requires mining operations to undergo assessments for permit renewal every decade. A surge in mining applications prior to the Act’s implementation has consistently led to permit backlogs each cycle.

In its statement of claim, the Tr’ondëk Hwëch’in contends the government should have anticipated this backlog. They argue the territory breached its duties under the First Nation's final agreement by not allocating sufficient resources to address the issue. The First Nation further alleges the territory did not provide reasonable advance notice when amending the regulations. It claims it only learned of the amendments on the day they were made and received no prior consultation regarding the decision. The statement asserts that the Tr’ondêk Hwëch’in has incurred losses and damages as mining operations proceed on their territory without proper assessment.

Conversely, the First Nation claims the territory saved money by neglecting to hire adequate staff to manage the permit backlog and failing to consult with them. The Tr’ondëk Hwëch’in seeks damages and a court order requiring the Yukon government to admit it breached its duties under both the final agreement and self-government agreement. It also requests that the territory forfeit any savings realized from its alleged failures to consult and adequately address the backlog.

This current lawsuit follows a separate one filed in December, where the Tr’ondëk Hwëch’in sued the territory over alleged violations of its land claims agreement related to mineral claims. The Yukon government declined to comment on the matter, citing that the case is now before the courts. None of the claims have yet been tested in court.

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