A stop-work order has been issued on a permit to do archeological work on the Yukon Ice Patch.

The Champagne and Aishihik First Nations filed documents in Yukon Supreme Court, claiming the government breached its duty to consult when it issued a class 2 permit for work in the area.

Earlier this month Yukon Supreme Court Justice Ron Veale ordered that no work take place until the dispute is resolved.

Both sides are next scheduled to be in court Aug. 26.

The Yukon Ice Patch refers to a permanent or semi-permanent accumulation of snow and ice on mountaintops in southern Yukon.

The area has preserved various ancient materials in the ice.

According to the court documents, on May 27 the government notified CAFN of an application by the Heritage Resource Unit for a class 2 permit under the Yukon archeological regulation in the Yukon Historic Resources Act.

"The stated purpose was to revisit previously documented alpine ice patches in seasonal Yukon to investigate seasonal melting of ice and collect any artifacts which may be located on or around ice patches.

Also to conduct an overall survey of the area that has not been previously investigated to assess ice patch potential,” the documents say.

The project was proposed to start this month.

In a letter dated June 26 the CAFN advised the government that it did not support the application for the permit. According to court documents, the letter noted a lack of detail in the proposal.

The First Nation requested a meeting.

On July 15, about 2 1/2 weeks after they sent the letter, CAFN became aware the permit had been issued three days earlier.

According to the documents, at their annual general assembly, CAFN leadership was directed to take steps to oppose the permit.

On July 29th Chief James Allen wrote to Yukon Premier Darrell Pasloski laying out the community's concerns and seeking a meeting before the research was allowed to begin.

They have yet to hear a response, the documents say.

The court documents note the government and CAFN entered into a memorandum of understanding with respect to research and discoveries on the Yukon Ice Patch that ran from July 2008 to July 2010.

Under the First Nations' final agreement, the government must consult with CAFN before issuing a permit for research at a heritage site directly related to the culture and heritage of the CAFN people, the documents note.

No one from the First Nation could be reached for comment in time for today's newspaper.