Ross River Dena Council wants 'overarching' consultation on hunting licences

The Yukon Government defended its wildlife management practices in Yukon Supreme Court yesterday, the first of two scheduled days of a case between the territory and the Ross River Dena Council.

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

• RELATED: Ross River Dena Council suing Yukon over wildlife management practices

That allegation was attacked by Calgary lawyer Thomas Isaac yesterday. Isaac, representing the Yukon Government, told Yukon Supreme Court Chief Justice Ron Veale a message should be sent not to waste the court's time when there's no evidence anything has been done wrong.

Isaac said it would be unprecedented in Canada for a judge to declare a breach of a First Nation's rights when there's no evidence of such a breach.

Steve Walsh, representing the Dena Council, had said earlier that the government is required to put the aboriginal right to hunt ahead of all other interests except conservation.  

Walsh argued that the number of big game animals, such as moose, is finite, so the government must issue hunting licences and tags in such a way that aboriginal hunting is protected above all others.

Defending the territorial government, Isaac said Yukon has a long record of consulting with the First Nation on sustainable harvest levels and other hunting matters, and said there's no evidence that hunters in the Ross River area have been affected by the actions of licensed hunters.

Walsh said in this case the government's duty goes beyond consultation. He says a recent court decision in B.C.  requires it also gets consent from the First Nation.

'Larger overarching' consultation needed

Walsh said that the Dena Council is not asking for the Yukon Government to consult on each hunting licence it grants in its traditional territory, as that would be "impractical."

However, he said the First Nation wants something "larger, overarching," but didn't go into detail. 

The case follows a lawsuit the First Nation recently won against the Yukon over consultation on mineral exploration in the region. The Dena Council's demand to be consulted on hunting licenses relies on this successful court ruling. 

Isaac said he will go over the government's consultation record in depth when the case resumes on Wednesday.