First Nation of Nacho Nyak Dun v. Yukon [2017] 2 SCR 576

The plaintiff First Nations entered into Final Agreements (modern-day treaties) with Yukon and Canada to implement the Yukon Umbrella Final Agreement (YUFA). The Agreement established a land use process that was adopted in the Final Agreements. Yukon and the First Nations participated in a lengthy process to develop a land use plan for the Peel watershed, after which an independent commission released a final recommended land use plan. Yukon then adopted a final plan with substantial changes to increase development of the region. The First Nations challenged this plan by way of judicial review. The Supreme Court quashed Yukon's final plan because, under the Final Agreements, Yukon lacked the authority to make such extensive changes. Although the Final Agreements authorize Yukon to make modifications to a final recommended plan, these modifications can only be partial or minor. The Court wrote that "Yukon can only depart from positions it has taken earlier in the process in good faith and in accordance with the honour of the Crown" and that the effect of quashing Yukon's final plan "was to return the parties to the stage in the land use plan approval process where Yukon could 'approve, reject or modify' the Final Recommended Plan after consultation."