Ross River Dena Council wants constitutional clarity on hunting rights issue

Defending the Yukon Government's wildlife management practices in the Yukon Supreme Court on Wednesday, lawyer Thomas Isaac said the government has been consulting with the Ross River Dena Council on hunting matters for decades.

Isaac used consultations the Yukon Government did about the Finlayson caribou herd as an example. He argued that when the survival of the Finlayson herd was threatened, Yukon worked with the First Nation to limit hunting.

The Dena Council is demanding a say in how hunting licenses are issued in its traditional territory and are looking to the Yukon Supreme Court to declare the government has breached its duty to consult.

Steve Walsh, representing the Dena Council, argued in court Tuesday that the government is required to put the aboriginal right to hunt ahead of all other interests except conservation. He also said the government's duty goes beyond consultation.   

Isaac said today the Yukon accepts the duty to consult the Dena Council on hunting matters, but noted there may be differences in the scope of the consultation for different issues. 

Isaac argued the First Nation has not provided any examples of where government consultation has been inadequate. 

Walsh repeated his comment that the First Nation wants constitutional clarity on the hunting rights issue and to settle its right to consultation.

Gord Zealand spoke on behalf of the Yukon Fish and Game Association, which has intervenor status in the hearing. He said the association was inundated with calls and emails from members who are concerned about this case and what it could mean for their ability to obtain hunting permits.

Zealand told Chief Justice Ron Veale that the Dena Council should have taken their issues to the Yukon Wildlife Management Board, an advisory group made up six nominees from the Council of Yukon First Nations and six from the government of Yukon.  

Walsh rebutted by pointing out that the Dena Council isn't a member of the Council of Yukon First Nations.  

He also said a court decision in Ross River's favour will encourage the government to negotiate land claim agreements with the First Nation.

Arguments have been made by both sides and a decision now rests with Veale. He can rule in favour of the Ross River Dena Council, throw out the case as the government is asking, or order either a summary trial or full trial.