One Yukon developer says the territorial government's legal fight with the Little Salmon Carmacks First Nation is stalling his land disposition, while Premier Dennis Fentie said critics are simply trying to stir up uncertainty.
Sam Dion, who wants to develop a two-hectare parcel of land north of Haines Junction, told CBC News that community land planners have told him he'll have to wait possibly until the legal battle is settled.
"At this point, I really can't see why what's happened in Carmacks should have any effect on my application here," Dion said.
Fentie's government is trying to have a recent Yukon Supreme Court decision overturned, arguing that Justice Ron Veale went too far in May when he quashed a government land lease in favour of the First Nation's concerns.
In July, Dion said his land application was approved by the Yukon Environmental and Socio-Economic Assessment Board. Government officials assured him at the time that the board's go-ahead would mean he should receive final approvals within 90 days, he added.
But Dion said earlier this month that the same officials told him his application could not be approved because of the government's current legal fight with the Little Salmon Carmacks First Nation, even though the two communities are about 160 kilometres apart.
One Yukon developer says the territorial government's legal fight with the Little Salmon Carmacks First Nation is stalling his land disposition, while Premier Dennis Fentie said critics are simply trying to stir up uncertainty.
Sam Dion, who wants to develop a two-hectare parcel of land north of Haines Junction, told CBC News that community land planners have told him he'll have to wait possibly until the legal battle is settled.
"At this point, I really can't see why what's happened in Carmacks should have any effect on my application here," Dion said.
Fentie's government is trying to have a recent Yukon Supreme Court decision overturned, arguing that Justice Ron Veale went too far in May when he quashed a government land lease in favour of the First Nation's concerns.
In July, Dion said his land application was approved by the Yukon Environmental and Socio-Economic Assessment Board. Government officials assured him at the time that the board's go-ahead would mean he should receive final approvals within 90 days, he added.
But Dion said earlier this month that the same officials told him his application could not be approved because of the government's current legal fight with the Little Salmon Carmacks First Nation, even though the two communities are about 160 kilometres apart.
"What happened in Carmacks was a different story, and I'm not totally clear on what happened up there. But I don't believe it has anything to do with this area here," he said, adding that the Champagne and Aishihik First Nations were consulted on his application and did not oppose it.
Dion alleged that officials with the lands branch of the territorial Energy, Mines and Resource Department gave him an ultimatum: either he agrees to extend his application for another 90 days, or they would have no choice but to deny his application. He said he has asked his MLA to look into the matter.
"I've paid into this piece of land already. I've got several thousand dollars invested in it, and I'm not allowed to touch it," he said.
"The worst part is that there's no guarantee that this is the last 90-day extension. It might go on for years."
Lands branch officials have not returned calls from CBC News.
But Fentie said his government's legal battle with the Little Salmon Carmacks First Nation has not created any uncertainty for the Yukon's economy, investment or land dispositions.
With the federal government joining Fentie's court appeal, which he said is "all about clarity," the fight could end up in the Supreme Court of Canada.
As for those claiming problems accessing land, Fentie said all they have to do is approach the government.
"Provide that issue to the minister responsible," he said. "We are dealing with applications to land and resources on an ongoing, daily basis. Problems are something that we will continue to address in whatever form they may come."
At least two Yukon First Nations have since cited Veale's decision, in which he said the government had not properly consulted with the Little Salmon Carmacks First Nation before granting the agricultural lease on its traditional territory.
Andy Carville, grand chief of the Council of Yukon First Nations, said the legal issue strikes at the heart of the territory's land claims deal, and his organization will fight for that.
But he added that whether First Nations want to hold up land decisions is their choice.
"There is a certain degree of uncertainty, but like I said, at the end of the day, it's up to the chiefs and their respective traditional territory," he said.
"There definitely is not really that feeling of government-to-government relationships right now."