Kaska Dena Council loses lawsuit over consultation on hunting permits

A claim by the Kaska Dena Council that could have had a profound impact on hunting rights in southern Yukon has been rejected by the Yukon Supreme Court. 

The Kaska Dena sued the Yukon government last summer, arguing that it should be consulted before any hunting permits are issued on what it calls its traditional territory.

That territory includes parts of Yukon, B.C., and the N.W.T.

The council argued that Yukon had a duty to consult before issuing sport hunting licences and tags.

The Kaska Dena Council is not a First Nation, but rather a registered society that was incorporated in B.C. in 1981.

Opponents of the council's claim included the Liard First Nation, which was also named as a defendant. It maintained that the council had no standing to bring the action to court, as it did not represent any of the four First Nations that comprise the Kaska Nation.

In his ruling, Yukon Supreme Court Justice Ron Veale wrote that he had to consider two separate but related issues.

The first was which party legally represented the Kaska people who reside in Lower Post, B.C. — the Liard First Nation or the Kaska Dena Council.

The second was the Council's claim that Yukon had a duty to consult.

Veale concluded that the council did not represent members of the Kaska Nation because there had been no transfer of Aboriginal title, nor an authorization from the Liard First Nation.

On the second issue, Veale again cited the council's lack of authorization from Kaska people.

In a release on Thursday, the Liard First Nation welcomed the ruling. It says the ruling recognizes that the sole legal representatives who speak for Kaska Nation peoples are the Liard First Nation, the Dease River First Nation, the Ross River Dena Council, and Kwadacha Nation.  

And it added that the decision sends a "clear message" that governments must work with the Liard First Nation "when development and business opportunities are proposed in Kaska traditional territory."