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December 10, 2014

The First Nation of Nacho Nyak Dun v Yukon—Interpretation, Reconciliation and the Land Use Planning Process in Modern Treaties

On December 2, 2014, the Yukon Supreme Court released its much anticipated decision in The First Nation of Nacho Nyak Dun v Yukon. The decision centred on interpreting land use planning process provisions in the Umbrella Final Agreement (Agreement) – the land claim agreement between the Crown and Yukon First Nations. The Court’s decision is of considerable interest in other northern territories where land claim-based land use planning processes form a key element of the resource management framework. To further the process of reconciliation between Yukon and the affected First Nations, the Court confirmed the application of the land use planning process set out in the Agreement.

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