The White River First Nation has entered talks with the government aimed at reaching a negotiated arrangement that would establish a staking ceiling above which exploration activities would have to be approved by an independent body.

White River lands coordinator Janet Vander Meer said the discussions, which began more than a month ago, speak to a recognition by government that First Nations that haven’t entered into land claim agreements still need to be consulted.

“We have started our consultation process on the class one staking with the Yukon government,” Vander Meer told the Star this morning. “The Yukon government is realizing now that there’s no quick fix here and the First Nations are going to make them accountable.

“Industry needs the approval of the First Nation — in this case the White River First Nation — and we’re willing to work with industry, but they have to be willing to cooperate with us from the get-go,” she added.

White River announced yesterday that they have signed a mining exploration agreement with a Vancouver-based mining company.

The deal allows for class one activities on their Wels property, located in central western Yukon.

“We applaud Gorilla Minerals for working together with the White River First Nation,” Acting Chief Angela Demit said in a release.

“The landmark (court) rulings on the Ross River Dena Council and Tsilhqot’in cases make it clear that WRFN requires a relationship with industry and government that truly recognizes the legitimacy of WRFN’s unextinguished aboriginal rights and title.”

The Yukon Court of Appeal ruled in December 2012 the Yukon government had a duty to consult Ross River before allowing any staking in the area, which comprises more than 63,000 square kilometres — 13 percent of the Yukon.

The appeal panel also ruled the First Nation must be consulted before any exploration work is undertaken, even the lowest level of activity like light soil sampling.

Last week, the government extended the freeze it imposed on new mineral claims inside Ross River’s traditional territory following the decision. The staking moratorium is now set to expire Jan. 31, 2015.

“I think the timing is really good too, with the Ross River case,” Vander Meer said.

“We’re very thrilled with Ross River’s extension....Ross River is a very strong nation and they’re going to make sure it’s done correct.”

Allowing staking or exploration activity prior to consulting Ross River would potentially be an infringement on the First Nation’s aboriginal rights and title to land, the court said. The Yukon government asked the Supreme Court of Canada to hear an appeal of the decision but the high court refused.

The Court of Appeal decision has also led to significant changes regarding the requirements companies must meet before commencing class one exploration activities in certain areas, including the Ross River area.

“I think this is an exciting time for the ‘unsettled First Nations’ — we feel we’ve settled, we know what our traditional territory is. I know (the ruling) is hugely going to affect White River, Ross River and Liard,” Vander Meer said.

“We’re ready to engage with the government on a respectful level on everything that happens within our traditional territory.”

The Liard First Nation, Ross River Dena Council and White River First Nation have not signed aboriginal land claim agreements, unlike the territory’s other 11 First Nations.

One week ago, a Supreme Court of Canada ruling on a case involving a B.C. First Nation granted the Tsilhqot’in more than 1,700 square kilometres of land in the province’s interior.

The decision acknowledges that aboriginal Canadians still own their ancestral lands unless they signed away possession in government treaties, with monumental implications for “unsettled” First Nations in the Yukon and across the country.

White River has stated publicly if it’s not afforded the same protection against staking before consultation occurs, it may pursue legal action as well, as it maintains it has the same rights and title to its unsurrendered territory as Ross River.

Under regulations prior to the Court of Appeal decision, which still apply to most of the Yukon, companies can stake a claim without telling anyone. Once the claim is recorded, the company can conduct a variety of activities, from collecting soil samples to using up to 1,000 kilograms of explosives per month without seeking approval or obtaining any permits.

Vander Meer gave a “shout-out” to Gorilla Resources for “sitting with us in a respectful manner and sharing the benefits from an early stage.”

“Gorilla is committed to being responsible and transparent in our partnership with WRFN,” said Gorilla Minerals CEO Scott Sheldon in the release.

Vander Meer also thanked Kaminak Gold Corp., with whom White River signed an exploration agreement weeks earlier.