Statement from Premier Ranj Pillai in response to the First Nation of Nacho Nyak Dun’s requests related to mineral staking on their Traditional Territory

Premier Ranj Pillai issued the following statement:

“On July 31, 2024, I responded by letter to Chief Dawna Hope of the First Nation of Nacho Nyak Dun (FNNND) regarding her requests to halt all exploration and mining activities, the staking of new mining claims and consultation and engagement on mining licenses and the issuance of new mining licences in FNNND’s Traditional Territory.

“While large-scale mining operations are the backbone of our territorial economy, we must ensure that industry operating today is not doing so at the expense of future Yukoners or the environment.

“As caretakers, it is our responsibility to ensure our children and our children’s children can live in a future where it continues to be safe to drink the water and harvest the animals from the land. While mining has its economic benefits, the Government of Yukon fully recognizes that more needs to be done to protect public health and the environment in the context of mining and exploration activities. We want the Yukon to attract companies that share this philosophy and are here for the long haul.

“The scope and nature of FNNND’s request to halt all exploration and mining activities on their Traditional Territory has significant legal and economic consequences. The processes by which mining companies obtain permission to operate in the Yukon are enshrined in federal and territorial legislation and are rooted in the Umbrella Final Agreement. These processes ensure that mining activities in the Yukon are conducted in a manner that considers environmental protection, socio-economic impacts, and Aboriginal and treaty rights. 

“Acting on the request from FNNND to stop all exploration and mining activities on FNNND Traditional Territory would require the Government of Yukon to take actions not contemplated in the statutes born of the Umbrella Final Agreement, such as the Yukon Environmental and Socio-economic Assessment Act (YESAA) or the Waters Act. The consequences of such action would be significant, with serious and far-reaching consequences for all Yukoners.  

“While the Yukon government is not prepared to halt all existing, permitted mineral development activities in FNNND’s Traditional Territory, with respect to FNNND’s request to halt the staking of new mining claims, the Yukon government has proposed to FNNND that we apply a prohibition of entry on the staking claims in areas of cultural or environmental significance where mining would be an incompatible activity.

“With respect to the request to pause consultation and engagement on mining licences and the issuance of new mining licences, the Government of Yukon has agreed with FNNND to pause existing consultation processes and not commence new consultation processes within their Traditional Territory for a period of two months. Decisions on these applications would not be made until consultation resumes and is completed. This pause would not include decisions to be made on applications about which FNNND has already been consulted, which are now moving toward conclusion.

“The Government of Yukon also further commits to not licensing another new heap leach facility in the Yukon until the outcomes of an Independent Review Board are incorporated, as appropriate, into licensing and enforcement policies and practices. We hope that by proceeding with an Independent Review Board, we will meet our two governments’ mutual interest in uncovering the causes of the failure and identifying lessons learned as soon as possible.

“The Government of Yukon remains committed to advancing regional land use planning – either independently with FNNND on their non-overlapping Traditional Territory, or with neighbouring First Nations, should they be ready to proceed. We have recently reiterated this to FNNND.

“The relationship between Yukon First Nations and the Government of Yukon is grounded in cooperation, mutual respect and recognition of Indigenous rights. While our governments may not always agree, at the end of the day, we are all working for the same outcomes: opportunities for our people, safe and healthy communities and a brighter future for our youth.”