Law360 Canada ( April 18, 2024, 4:10 PM EDT) -- Application by Kaska Nation (Kaska) for an order to stay issuance of New Decision Document (NDD), pending determination of its appeal, in relation to decision allowing proposed mining project (project) on First Nation traditional lands to proceed to regulatory stage. Kaska was concerned by the project’s potential adverse effects in its traditional territory, particularly on the vital wildlife habitats which was a food source for generations. The Duncan order set aside a decision made by the Deputy Minister, Executive Council Office for Yukon, Natural Resources Canada, and Fisheries and Oceans Canada (Decision Bodies) that allowed the proposed project located within Kaska's traditional territory to proceed to the regulatory stage. The decision was set aside on grounds that the Crown failed in its duty to consult but they were directed to conduct further consultation. Paragraph 7 of the Duncan Order required the Decision Bodies to issue a NDD within 30 days of the final day on which the further consultation contemplated by the order occurred. By this application, Kaska sought to stay issuance of the NDD until its appeal was heard. On that appeal, Kaska asserted, among other things, that the judge erred in her assessment of the adequacy of the consultation....