Peel watershed: Yukon government files appeal

The issue of land use planning inthe Peel River watershed is going back to court now thatthe Yukon government has announced itwill appeal a decision of the Yukon Supreme Court.

"We decided to appeal this because we believe that public governments must have the final say about what happens on public land," says Scott Kent, Yukon's minister of Energy, Mines and Resources.

In a historic ruling Dec. 2, Yukon Supreme Court Justice Ron Veale found that the Yukon governments modifications to the Peel land use plan did not respect the land use planning process set out in the territorys final agreements with First Nations.

• RELATED |Peel watershed: Yukon court strikes down government land use plan

The court ruled the Yukon government had acted in a manner "inconsistent with the honour and integrity of the Crown" by introducing new concepts to a discussion on land use after consultations had ended and saidthe remedy is for the Yukon government to return to consultations on the final recommended land use plan.

• AUDIO |Minister Scott Kent speaks about Yukon government's decision to appeal (runs: 1:15)

Kentsays thecourt`s decision placesunfair limits on the government's power to manage Crown land.

"We feel the remedy imposed by the Supreme Court too severely limits the public government`s ability to make decisions about public lands," he said.

Appeal announced after end of session

The government's decision to appeal was announced after the closing of Yukon's Legislative Assembly's fall session, in which the Peel watershed was one of the biggest issues.

OppositionMLAKate White, who representsTakhini-Kopper-King, said the decision to appeal was a surprise.

"We asked (the government)direct questions about whether they were going to appeal and we didn't get answers," she said.

The government had a 30-day window to file an appeal. The announcement was madethree days before deadline.

Kent says it took "some time for officials and our legal council toanalyzethe decision," and says the Yukon Party discussed the issue in caucus.

"It was felt that proceeding with an appeal was the right thing to doand the responsible thing to do."

The case will be heard by the Yukon Court of Appeal.

No date for the hearing has been set.