The Court held Yukon breached the Chapter 11 modern treaty land-use planning process by making major final-stage changes not properly proposed earlier and not grounded in changing circumstances.
Yukon’s approval was quashed, and the parties were returned to the s. 11.6.3.2 stage.
The Court rejected the Court of Appeal’s approach of resetting the process to an earlier stage and emphasized judicial restraint with robust legality review in modern treaty implementation.
