The territorial government is planning to appeal a decision by Yukon Supreme Court Justice Suzanne Duncan that found the government had breached its constitutional duty to consult.

The government issued a land use approval to Metallic Minerals Corp. to conduct mineral exploration in the Beaver River area inside the traditional territory of the First Nation of Nacho Nyak Dun.

But the First Nation filed a legal challenge of the land use approval. It argued the government had failed in its constitutional obligation to consult the First Nation prior to issuing the land use approval.

Duncan ruled in favour of the First Nation in late January.

She struck down the land use approval, ruling it was a breach of the commitments made in the modern-day treaty with the First Nation.

The chief justice also ordered the government to return to the point in the land use process where consultation is to conducted.

In her decision, she also noted the government issued the approval while it was at the table with the First Nation negotiating a land use plan for the Beaver River area.

The government earlier this month filed its notice with the Yukon Court of Appeal that it intends to appeal Duncan’s decision.

The notice says the government will be asking the Court of Appeal to quash and set aside Duncan’s decision, as well as set aside the declarations made by Duncan in her decision.

The government has not yet filed its arguments to support its case.

It has 60 days from March 1 to do so.