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Dec 1, 2017

Supreme Court of Canada decision: Modern Treaty Implementation

The Supreme Court of Canada released the following decision:

First Nation of Nacho Nyak Dun v. Yukon, 2017 SCC 58, File no. 36779

(Aboriginal law — Treaty rights — Land claims — Honour of the Crown — Federal and territorial governments and First Nations entered into final land claims agreements setting out consultative and collaborative process for development of land use plans — Modifications submitted by Yukon failed to follow process contemplated by final agreements — Role of courts in resolving disputes arising in context of modern treaty implementation — Whether Yukon’s approval of plan authorized by final agreements — Appropriate remedy when government breaches obligation under modern treaty.)


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