Carcross/Tagish First Nation Defends Sacred Caribou Habitat in Yukon Supreme Court

In a significant move to protect Indigenous heritage and wildlife habitat, the Carcross/Tagish First Nation appeared before the Yukon Supreme Court this week to oppose a proposed residential subdivision in a culturally sensitive area known as Ten Mile. The hearing, which concluded following two days of arguments, centres on the protection of the Southern Lakes caribou herd and the preservation of traditional lands. The dispute began when title holder Ulrich Schildknecht applied to divide a parcel of land, known as Lot 8, into multiple lots for country-residential development. While the Yukon Municipal Board previously suggested reducing the proposal to four lots, the Carcross/Tagish First Nation and the Yukon government are seeking to have that decision dismissed. The First Nation identifies the area by its traditional Tlingit name, Tsuxx’aayi, meaning “moose corral point.” Lawyer Gavin Gardiner, representing the interests of the First Nation, highlighted that while the Southern Lakes caribou population has seen some recovery since the 1990s, numbers remain below the levels necessary for subsistence harvesting. The area is a vital winter range and a bottleneck crossing for the herd. The Nation argues that development in this corridor would infringe upon treaty rights and the protection of caribou explicitly outlined in their final agreement. Beyond environmental concerns, the Carcross/Tagish First Nation maintains that Section 35 of the Canadian Constitution affirms their rights to the land. They argue that any further development should be paused until a regional land use plan—a requirement of their 20-year-old treaty—is established. The Nation expressed concern that allowing this subdivision could lead to further unregulated development in the relatively untouched northern end of Tagish Lake. The Yukon Supreme Court has now taken the matter under deliberation.