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Tr’ondëk Hwëch’in First Nation is suing the Yukon government for the second time in as many months.
Tr’ondëk Hwëch’in claims the territory breached the terms of its final agreement, by failing to properly consult before making amendments to three regulations, which allowed for the extension of mining projects on its territory.
In May 2025, the Yukon government amended placer mining, quartz mining and waters regulations. It said the amendments would allow it to extend permits for mining operations that were undergoing environmental assessments. At the time, the government said it was dealing with a backlog in permits.
The Yukon Environmental and Socioeconomic Assessment Act requires mining operations to undergo assessments to renew their permits every 10 years. In the years leading up to the implementation of the act, there was a surge in mining applications, which has led to a backlog in permits every decade.
In its statement of claim, Tr’ondëk Hwëch’in says the government should have anticipated the backlog, and breached its duties to implement the First Nation’s final agreement, because it did not have enough resources to address it.
None of the claims have been tested in court.
The First Nation also claims that when amending the regulations, the territory did not provide reasonable advance notice, claiming it learned about the amendments the same day they were made and was never consulted about the decision.
The statement says that while Tr’ondëk Hwëch’in has suffered losses and damages as mining operations continue on their territory without a proper assessment, the territory has saved money by failing to hire the staff required to address the backlog of permits and failing to consult with the First Nation.
The First Nation is seeking damages and wants the Yukon government to admit it breached its duty under the final agreement and self-government agreement. It is also asking that the territory give up any savings it realized from failing to consult with Tr’ondëk Hwëch’in and failing to provide adequate resources to address the backlog.
In December, Tr’ondëk Hwëch’in filed a separate lawsuit against the territory claiming it violated the terms of its land claims agreement, related to mineral claims.
The Yukon government declined to comment because the matter is before the courts.