Supreme Court Decision May Set New Land-Claims Precedent

Jim M. Coady, LL.B. and Daryn Leas, LL.B., of Boughton Law Corporation, represented the Yukon Council of First Nations at the Supreme Court of Canada in Ottawa, Ontario, on Thursday, November 12, 2009.

The duty to consult Yukon First Nations with respect to development on their land has been an issue before the courts for more than five years. First Nations believe that this duty to consult should extend beyond what is laid out in their land claims, whereas the government feels they have already met the duty to consult requirement based on the established land claims agreement.

The Supreme Court heard from more than a dozen lawyers, several provincial governments, as well as the federal government, representing both sides of the issue. It is unclear when the Supreme Court will issue a final decision, it is expected that the outcome will set a new precedent in land-claims law. 

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