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Yukon Supreme Court approves sale of Minto mine to Selkirk First Nation

A Yukon Supreme Court judge congratulated the First Nation on the sale, saying its new approach to environmental stewardship may be able to change the "rather sad history of large mining projects in the territory."

Deal puts First Nation 'in the driver's seat' over what happens on its traditional territory

Woman smiles at camera.
Selkirk First Nation Chief Sharon Nelson outside the Whitehorse courthouse on June 13. She says taking ownership of the Minto mine puts the First Nation 'in the driver seat' over what happens on its traditional territory. (Caitrin Pilkington/CBC)

On Friday, the Yukon Supreme Court approved the second half of the Minto mine sale to Selkirk First Nation (SFN), marking a major milestone in the First Nation's control of activities on its own land.

Minto mine, a gold and copper mine about 240 kilometres northwest of Whitehorse on SFN land, was abandoned by previous owners Minto Metals Corp. in May 2023 and PricewaterhouseCoopers has acted as receiver. . 

In September, the First Nation acquired the tangible assets at the site, such as buildings and equipment, for $5.3 million. As of this week, it now has approval to buy mineral claims and leases that grant the right to extract minerals, for $740,000. The sale is expected to close in the coming days.

Outside the Whitehorse courthouse, SFN Chief Sharon Nelson said the latest step marked an important day for SFN.

"What this does is put Selkirk First Nation and their citizens in the driver's seat over what happens on this site that is located on traditional territory."

A mine site with large pits and a number of buildings
An aerial view of the Minto mine site in July 2023. The First Nation’s subsidiary company would own and operates the site. If the sale goes ahead as planned, it would take over reclamation activities in April 2026. (Government of Yukon)

Judge Suzanne Duncan congratulated Nelson and SFN on taking on the venture.

"Your interest in new ways to approach environmental stewardship may be able to change the rather sad history of large mining projects in the territory," she said. 

"I hope good things will come from it… not just for the First Nation but for all of the Yukon."

What does the future look like? 

In court, lawyers discussed SFN's hope to conduct a drill campaign as soon as this summer in order to determine whether it makes sense to reopen the mine. 

Lawyer Greg Fekete, representing SFN, said the parties have spent an extended period of time negotiating, given the First Nation's "unique proposition" to begin that exploration while reclamation at the site is still ongoing. 

The First Nation's subsidiary company will be the entity that technically owns and operates the site. Should the sale proceed, it will take over reclamation activities in April 2026.

The Yukon Government will require a closure plan and other reporting requirements by December 2027, with licences assigned by 2028. 

An off-white building with a large multi-story glass window. A sign on the building says "THE LAW COURTS." And Canadian flag is out front.
The courthouse in Whitehorse. Lawyers involved in the Minto mine deal said it was 'unprecedented.' (Jackie Hong/CBC)

While Fekete said there's no guarantee the mine will re-enter production, he said the goal is to provide economic stimulation for the community and increase self-reliance. 

Given that the mine is located on traditional territory, Fekete said the First Nation would operate with high environmental standards and long-term interest in maintaining the site for generations to come. 

"It is historic, it is the first time that I'm aware of that a First Nation will be owning a mine and pushing its development forward," Fekete said during the court proceeding. 

Bryan Gibbons, the lawyer representing PricewaterhouseCoopers, echoed the significance of the deal.

"It's a one-off," he said. "There's no precedent to this type of arrangement."

Still, Fekete said the First Nation does not intend to remain the sole owner. To ensure the project's economic viability, it will go public and seek investment "like any other junior miner," but retain some level of direction over mine development through its eventual partner. 

Given those plans, Nelson acknowledged the sale approval is "monumental" but said full ownership of the site is not the most important part of the deal. 

"There have been reports that Selkirk First Nation was becoming a mine owner or taking over a mine," said Nelson. "We just want some separation there because the future is yet to be defined." 

Nelson said SFN would be releasing more details about its plans following the conclusion of the sale.

ABOUT THE AUTHOR

Caitrin Pilkington is a reporter with CBC North in Whitehorse. She previously worked for Cabin Radio in Yellowknife. She can be reached at caitrin.pilkington@cbc.ca.