Thu Feb 8, 9:53 AM
CBC
A court case involving a parcel of agricultural land near Carmacks could change the way the Yukon government deals with First Nations on land issues, Mayo-Tatchun MLA Eric Fairclough says.
The Little Salmon Carmacks First Nation is challenging a 65-hectare land lease granted to prospective farmer Larry Paulsen within their traditional territory.
"Many of them [First Nations] are dealing right now with land applications, especially around Whitehorse," said Fairclough, who sat through the first day of the case in Yukon Supreme Court Wednesday.
"I believe many people are waiting to see the results of what approach government should take with land applications."
Aboriginal rights lawyer Art Pape, representing the First Nation, argued the territorial government has a legal obligation to address First Nation concerns before it gives away land inside their traditional territory.
The Yukon government says the land was not selected for special management under the land claim so the First Nation has no veto rights over its use.
Paulsen's application for land north of Carmacks, between the highway and the Yukon River, was reviewed by the territory's land committee in 2004 and later approved.
Although the First Nation was invited to attend the review, it did not. After the application was approved, it voiced its objections and eventually turned to the courts.
The First Nation claims the lease will hurt the nearby trapline of elder Johnny Sam, reducing wildlife and the value of the line.
It wants a new review of the application by the Yukon Environmental and Socio-Economic Assessment Board and an archaeological survey of the area.