The White River First Nation (WRFN) has put the Yukon government on notice: provide White River with the same jurisdiction over its traditional territory that the government has provided the Ross River Dena Council or go to court.

Krista Robertson, the First Nation's lawyer, explained in an interview this morning that White River has many times impressed upon the government that it's in the same legal position as Ross River.

The decision in favour of Ross River by the Yukon Court of Appeal on Dec. 27, 2012 applies to White River, because it too has unsurrendered aboriginal rights and title, Robertson explained.

The court ruled Ross River must be consulted before any mineral staking is allowed inside its traditional territory, and it must be consulted before any work occurs on those claims.

Robertson said as recently as early December, the First Nation reminded the government that what it intended to do to satisfy the Court of Appeal decision with regard to Ross River must also be applied to White River.

There's no question the message was clearly communicated to the Yukon government, she said.

Now, added Robertson, there's a situation where the First Nation is spending money on lawyers, and the public purse will have to spend money on a legal challenge the government has absolutely no chance of winning.

It's unfortunate the government has not chosen reconciliation but rather seems to be steering toward another legal standoff which ultimately breeds mistrust, she said.

"If a (mineral) claim is staked in their traditional territory without consultation, in light of the Court of Appeal decision, they may well take legal action,” she said.

Robertson said if any low-level, class one exploration work is undertaken on existing mineral claims inside White River's traditional territory, the First Nation may take legal action.

The First Nation, she said, monitors its traditional territory very closely. Any activity without consulting the First Nations could result in a legal action in very short order, she added.

Premier Darrell Pasloski was unavailable for comment this morning.

Cabinet spokeswoman Elaine Schiman said at mid-morning the cabinet offices had not yet seen the press release issued by the WRFN.

White River, of Beaver Creek, the Ross River Dena Council (RRDC) and the Liard First Nation of Watson Lake are the only three of the 14 Yukon First Nations without aboriginal land claim settlements.

"The RRDC case decision that found that the ‘free entry' mining system was a breach of aboriginal rights clearly applies to WRFN territory, and is a call to action of the Pasloski government,” White River Chief Charles Eikland Jr. said in this morning's press release.

"As we stated last year, all staking must be suspended in our territory pending resolution of these matters. WRFN has asked for years for a true process to resolve issues with government to create certainty for all.

"To date, there has been no serious commitment to this from YG, and the economy will continue to falter as a result, with terrible uncertainty for investment,” the chief said.

The RRDC filed legal action against the Yukon government in 2011. It claimed the government had a legal duty to consult with the First Nation before permitting mineral staking or exploration activity inside its traditional territory.

Following a split decision in the Yukon Supreme Court, both parties filed an appeal.

The Yukon Court of Appeal ruled a year ago that the government had a duty to consult before allowing any mineral staking.

It also ruled the government had a duty to consult before allowing any low-level exploration activity, such as cutting lines or digging trenches.

It gave the government one year to bring its legislation into compliance.

At the time of the decision, lawyers from both sides suggested the ruling in all likelihood could be applied to the traditional territories of the two other Yukon First Nations without settlements: the WRFN and the Liard First Nation of Watson Lake.

The government passed amendments to the Yukon Quartz and Placer mining acts on Dec. 19.

The amendments allow the government to establish different mining and exploration regulations for different areas of the Yukon.

Two days before Christmas, prior to the Dec. 27 deadline, the government announced a new set of rules for the Ross River area.

It declared a four-month moratorium on mineral staking across the area, to allow more time to negotiate a satisfactory arrangement with the RRDC.

It also declared all class one exploration activity on existing claims in the Ross River area must now undergo a period of consultation with the First Nation before any work commences.

At the time of the decision a year ago, the exploration and mining industry suggested the application of the Court of Appeal decision could have a crippling impact on the industry in the Yukon.

There was fear that forcing individuals and companies to consult before staking claims would remove the confidentiality companies rely on when staking claims.

Forcing a consultation process for the lowest level of exploration activity would stymie investment dollars, it was feared.

Currently, except for the Ross River area now, anyone can stake a mineral claim in the Yukon without any consultation, in what is commonly referred to as the free entry system.

Claim owners are also entitled to undertake a certain level of work – cut lines, clear heli-pads, make temporary camps for up to 10, dig holes and trenches, use explosives – without obtaining any permits, and without telling anyone.

The Court of Appeal ruled that was a breach of Ross River's aboriginal rights and title.

The White River lawyer said White River wants and is entitled to the same control over its lands that has been afforded the RRDC through the announcements on Dec. 23.

The circumstances, Robertson emphasized, are exactly the same.