Modern treaties have shaped the obligations of Yukon’s mineral industry. The Guide provides a general understanding of these issues, but discussions with legal counsel are strongly encouraged.
To start, government holds the “Crown Duty to Consult” with aboriginal groups who hold traditional interests in an area of land where development is being considered. This duty finds its base in the Constitution Act, 1982, section 35 which states that:
(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
- In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
- For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
The Guide’s key messages relating to aboriginal law are:
- the Crown’s duty to Consult and accommodate Aboriginal peoples, where appropriate, is important for achieving reconciliation;
- infringement by the Crown on rights can occur where requirements set out by the courts are met, most important of which for the Guide is where there is a compelling public purpose;
- the Duty to Consult was not extinguished when Modern treaties were created;
- parties must bring good will to the relationship; and,
- the Supreme Court views the treaties as “meticulously negotiated by well-resourced parties,” and mineral companies interested in working in the Yukon must pay close attention to their contents.