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Promises made in the Yukon 140 years ago

Article Origin

Author

Compiled by Shari Narine

Volume

15

Issue

0

Year

2012

Promises made in the Yukon 140 years ago cannot be enforced by the court. The Yukon Supreme Court decided there is no legal obligation to negotiate unsettled land claims in the territory, despite an edict that would have compensated First Nations for lands lost. The Ross River Dena have been in court for 10 years trying to get Ottawa to live up to that edict from 1870 in which the Yukon and parts of the Northwest Territories were made a part of Canada. The edict included orders to compensate First Nations for the lands they were losing. Supreme Court Justice Leigh Gower said the Dena interpretation of the edict ignores the historical context of the order. He said it was up to the discretion of Parliament when and how Ottawa negotiates claims, and the courts had no jurisdiction in the matter.