The Ross River Dena Council is suing the Yukon government for issuing mineral claims on its traditional Kaska territory without consulting the Dena council.

It is also warning that if any more claims are recorded without consultation, the council will seek a court order declaring those claims invalid, says the lawsuit filed Feb. 2 in Yukon Supreme Court.

The suit says the council is asking the court for a declaration that since April 1, 2003, when the Yukon government took over authority from Ottawa for managing mineral resources, it had an obligation to consult before registering mineral claims.

It's also asking the court to declare the Yukon failed to fulfill that duty.

The Ross River Dena Council maintains the Yukon government and Premier Dennis Fentie, who is named in the suit, had a responsibility to look out for council's aboriginal rights and interest to the land being staked.

The court is being asked to award the Dena council with whatever remedy it deems to be fair.

The Yukon is in the midst of the busiest mineral exploration boom in its history.

In 2009, for instance, there were some 16,000 claims registered, representing an average to above-average staking season in the last two decades.

Last year, there were 83,261 claims recorded across the territory.

The Ross River Dena Council is one of three Yukon First Nations which have not finalized aboriginal land claim settlements. The 11 others have.

The Kaska of Ross River maintain they have not surrendered any rights and title to their traditional territory.

The Ross River Kaska are also in the middle of a similar legal action against the federal government and its management of affairs in the territory up to the Devolution Transfer Agreement of April 1, 2003.

Ottawa applied to have the matter thrown out of court in 2007 telling Yukon Supreme Court Justice Leigh Gower the legal action was without merit, and was only meant to be a thorn in the side of the federal government.

In dismissing the federal application, Gower said the Kaskas' case against Ottawa has the potential to be of great constitutional significance in the Yukon's history.