Whitehorse Daily Star

Withdrawal of staking in Ross River area extended to Jan. 31

The freeze on staking mineral claims has been extended inside the traditional territory of the Ross River Dena Council until Jan. 31.

By Chuck Tobin on June 25, 2014

The freeze on staking mineral claims has been extended inside the traditional territory of the Ross River Dena Council until Jan. 31.

The announcement was made this morning, in advance of the June 30 deadline for the Yukon government and Ross River to reach a negotiated arrangement to allow staking in the Ross River area.

Energy, Mines and Resources Minister Scott Kent and Ross River Chief Brian Ladue were unavailable this morning to explain the need for the seven-month extension.

The initial four-month withdrawal was announced in late December to conform with the Dec. 27, 2012 decision by the Yukon Court of Appeal. A two-month extension to the end of June was announced in April.

The Yukon Court of Appeal ruled the Yukon government had a duty to consult the First Nation before allowing any staking in the Ross River area, which accounts for 63,110 square kilometres, or 13 percent of the Yukon. It also ruled the First Nation must be consulted before any exploration work is undertaken, even the lowest level of work.

Allowing staking or exploration activity prior to consulting Ross River could potentially be an infringement on the First Nation's aboriginal rights and title to land, the court said. It gave the Yukon government one year to comply with the ruling.

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. More sweeping changes are expected to come in the next year, changes which will apply to the entire territory, Kent announced last week.

Executive director Samson Hartland of the Yukon Chamber of Mines said this morning the chamber understands why Ross River and the Yukon government may need more time to reach an arrangement because the staking issue is complicated.

"These things just take time,” he said.

Acting Chief Angela Demit of the White River First Nation said she was not in a position this morning to comment on the extension.

White River, like Ross River and the Liard First Nation of Watson Lake, is one of three Yukon First Nations who have not signed an aboriginal land claim agreement. Eleven have.

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 has the same rights and title to its unsurrendered territory as Ross River does.

A senior government official explained in January the Yukon government has every intention of sitting down with White River to address its concerns once it has finalized an arrangement with Ross River.

Before and after the Yukon Court of Appeal decision, government officials and the chamber of mines argued that requiring consultation prior to staking mineral claims would turn the exploration industry upside down.

The industry, they insist, needs confidentiality which could be compromised if companies and prospectors had to disclose where they were planning to invest their money staking claims.

Under the regulations prior to the Court of Appeal decision, regulations which still apply to most of the Yukon, companies can stake a claim without telling anyone. Once it's 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 telling anybody, or obtaining any permits.

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