Yukon First Nation warns prospectors during land use planning process

The First Nation of Na-Cho Nyäk Dun (FNNND) has launched a regional land use planning process with the Yukon Government, announced last week. In response, FNNND warns all mineral prospectors, companies, and investors that any new staking within their traditional territory during this process will be met with opposition. FNNND is one of 11 self-governing First Nations in the Yukon territory.

FNNND Chief Dawna Hope stated: “Any development in an area where land use planning is occurring is inappropriate and unwelcome. 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.”

Yukon courts have ruled that development during land use planning undermines the process and FNNND's treaty rights. In the case of First Nation of Na-Cho Nyӓk Dun v Yukon, the Yukon Supreme Court stated: "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."

The Yukon Court of Appeal affirmed that approving projects during land use planning can weaken the process and the treaty rights it aims to uphold by reducing available undeveloped land. Yukon law explicitly discourages staking claims in areas under land use planning.

FNNND has also adopted a mining policy to oversee mineral activities during the planning process. The mining policy can be accessed here.