Following his controversial comments last week on mining in the territory, Yukon Premier Ranj Pillai has announced a partial moratorium on mining applications in the territory of the First Nation of Na-cho Nyäk Dun.

“On July 31, 2024, I responded by letter to Chief Dawna Hope of the First Nation of Na-cho Nyäk Dun (FNNND) regarding her requests to halt all exploration and mining activities, the staking of new mining claims and consultation and engagement on mining licences and the issuance of new mining licences in FNNND’s traditional territory,” the premier said in a statement released Monday afternoon.

“While the Yukon government is not prepared to halt all existing, permitted mineral development activities in FNNND’s traditional territory, with respect to FNNND’s request to halt the staking of new mining claims, the Yukon government has proposed to FNNND that we apply a prohibition of entry on the staking claims in areas of cultural or environmental significance where mining would be an incompatible activity,” Pillai added.

“With respect to the request to pause consultation and engagement on mining licences and the issuance of new mining licences, the Government of Yukon has agreed with FNNND to pause existing consultation processes and not commence new consultation processes within their traditional territory for a period of two months.

“Decisions on these applications would not be made until consultation resumes and is completed,” said the premier. 

“This pause would not include decisions to be made on applications about which FNNND has already been consulted, which are now moving toward conclusion.”

He followed that surprise promise by saying “while large-scale mining operations are the backbone of our territorial economy, we must ensure that industry operating today is not doing so at the expense of future Yukoners or the environment.

“While mining has its economic benefits, the Government of Yukon fully recognizes that more needs to be done to protect public health and the environment in the context of mining and exploration activities. We want the Yukon to attract companies that share this philosophy and are here for the long haul.”

Pillai provided a lengthy explanation of his reasoning in the very detailed statement provided to local media.

“The scope and nature of FNNND’s request to halt all exploration and mining activities on their traditional territory has significant legal and economic consequences. The processes by which mining companies obtain permission to operate in the Yukon are enshrined in federal and territorial legislation and are rooted in the Umbrella Final Agreement.

“These processes ensure that mining activities in the Yukon are conducted in a manner that considers environmental protection, socio-economic impacts, and Aboriginal and treaty rights. 

“Acting on the request from FNNND to stop all exploration and mining activities on FNNND traditional territory would require the Government of Yukon to take actions not contemplated in the statutes born of the Umbrella Final Agreement, such as the Yukon Environmental and Socio-economic Assessment Act (YESAA) or the Waters Act,” the premier said. “The consequences of such action would be significant, with serious and far-reaching consequences for all Yukoners.”  

In another bombshell, Pillai said “the Government of Yukon also further commits to not licensing another new heap leach facility in the Yukon until the outcomes of an Independent Review Board are incorporated, as appropriate, into licensing and enforcement policies and practices.

“We hope that by proceeding with an Independent Review Board, we will meet our two governments’ mutual interest in uncovering the causes of the failure and identifying lessons learned as soon as possible.”

It didn’t take long for the Yukon Party, a traditional supporter of the mining industry, to weigh in.

“The Liberal government’s statement provides very little clarity to industry, First Nations, or the general public. Instead it proposes the creation of new processes and arbitrary timelines,” the official Opposition said this morning.

“The statement references the completion of the work of the so-called ‘Independent Review Board,’ which, to our knowledge, does not yet exist. How will the members of this board be chosen, and what will the terms of reference be; and more importantly, why has it taken so many weeks to get this critical work started?” the Yukon Party asked.

The Yukon Conservation Society (YCS) savaged Pillai and the government over Monday’s announcement.

“YCS is beyond disappointed at the half-hearted response by the premier regarding NND’s plea to halt mineral development in their territory until the Yukon meets its treaty obligations to complete land use planning. NND has been requesting land use planning for years, and the Eagle Mine disaster can be tied directly to this intransigence of our government.”

A disastrous heap leach pad landslide occurred June 24 at the site northeast of Mayo, unleashing fears of contamination of nearby waterways.

“It is within the power of the Yukon Government to withdraw any part of the territory from staking, for any period of time, and the Yukon Government is choosing not to,” the YCS said.

“It is within the power of the Yukon Government to cease issuing licences to new mines, and they have, as they demonstrated this through offering to do so for two months.”

Society spokesperson Kayla Brehon added “it is also within the power of the Yukon Government to ban heap leaching. Not licensing new heap leach facilities until outcomes of an independent review board are incorporated, is a step in the right direction.

“However, by continuing to permit mineral exploration and development in these lands, the Yukon is failing to live up to (to use the premier’s words): ‘… our responsibility to ensure our children and our children’s children can live in a future where it continues to be safe to drink the water and harvest the animals from the land,’” Brehon added.

“YCS urges the premier to follow up on his brave words at the recent Council of Yukon First Nations General Assembly, and to answer the call from its partners at NND, and to halt further mineral development in NND lands until full consent has been obtained for their resumption.”

The Yukon Chamber of Mines also panned Pillai’s announcement.

Jonas Smith, the new executive director of the chamber, provided a prepared statement.

“We have heard very clearly from our members that they are deeply concerned about the Government of Yukon’s decision to impose a moratorium on a variety of mining activities in Na-cho Nyäk Dun Traditional Territory. This move has significant implications for our sector, which relies heavily on a stable and predictable regulatory environment to attract investment, plan operations, and contribute to economic growth.

“The sudden imposition of any moratorium undermines this certainty, potentially driving away investment not only from the mining sector but also from related industries, ultimately hampering economic growth.”

Smith said “we would like to have seen more dialogue with industry, where together we could have developed an approach that ensures economic development, environmental protection, and respect for First Nation rights, and we hope to be included in future discussions”.

At last week’s General Assembly near Lake Laberge, the premier acknowledged the value of mining to the Yukon. He also lambasted the industry for leaving a string of costly environmental messes around the territory over the last several decades after having profited from the sites.