Consultation required before hunting on Kaska Dena territory, lawsuit claims

A group that represents KaskaFirst Nations in B.C. is suing the Yukon government,in a case thatcould have profound implications on hunting rights.

The Kaska Dena Council (KDC) says it should be consulted before the Yukon government issues any hunting permits on what KDCcalls Kaska traditional territory.

The case could mean that First Nations in B.C. have a say when it comes to hunting that happensacross the provincial/territorial border.

The Kaska Dena Council defines traditional Kaska territory as about 23per centof Yukon.

It also says its members' traditionalterritory accounts for10per centof B.Cand an unspecified percentage of land in the Northwest Territories about 240,000 square kilometres in all.

A summary trial began Wednesday in Yukon Supreme Court.It is being heard by Supreme Court Justice RonVeale, who previously heardYukon's famous Peel watershed landuse case.

On Wednesday,Vealelooked at stacked binders of documents and court precedents and told attorneys he expected a long week, as theydebate a complex trans-boundary case.

"I tell you, the end is a long way away,"Vealesaid.

In opening statements, Kaska Dena Council attorney Claire Anderson compared hunting to mining, and argued the latter wouldn't be approved without prior consultation.

She said hunting also"can affect Kaska title."

I tell you, the end is a long way away.- Justice Ron Veale

A statement of claim from the Kaska Dena Council says the Yukon government's "failure to consult with, and accommodate KDC" prior to issuing huntinglicences"is inconsistent with thehonourof the Crown and constitutes a breach of the Yukon government's duty to consult."

The case is being heard amid some rising tension about hunting rights in Yukon.

This year the Ross River Dena Council aKaskaFirst Nation in Yukonconsidered an "affiliate"of the Kaska Dena Council nations published anadvertisementdemanding thatnon-Kaskahunters obtain a permit from the First Nation before hunting on what it calls its traditional territory.

Yukongov'tdenies exclusive right to land

The Yukon government's statement of defence says it "denies the plaintiff has a right to exclusive use" of the area.

The statement also "denies the plaintiff has established Aboriginal Title to the area described."

None of theKaskaDena Council's member nations have signed land claims.

The case is unusualbecausethe Kaska Dena Council is not in itself a First Nation.It is a registered society, incorporated in 1981.

All KaskaFirst Nations in B.C. and Yukon have a combined population of about 3,000 people.

The representative group has recently seen some controversy as to its powers.Last year, the Kaska Dena Council asked thefederal government for a $1.5 billion lump sum land claim payment a request thatwas disavowed by some First Nations in Yukon.

Similarly,not all of the Kaska nations agree with thelawsuit.

LiardFirst Nation disagrees with case

The LiardFirst Nation has argued the Kaska Dena Council "has no standing to bring this action" to court.

It is considered a defendant in the case, along with the Yukon government.

Though the Liard First Nationsays it is also concerned about hunters on its traditional territory, it argues that the Kaska Dena Councildoes not have the authority to make decisions or launch lawsuits on its members' behalf.

The summary trial is scheduled to last five days.

One of the members of theKaskaDena Council is the Daylu Dena Council,a sub-council of LiardFirst Nation situated in B.C.