Law360 Canada ( December 1, 2017, 12:47 PM EST) -- Appeal by the First Nation of Nacho Nyak Dun and others from a Yukon Court of Appeal judgment allowing in part the appeal from a decision ordering the government of Yukon (Yukon) to reconduct its consultation as part of the land use plan approval process pertaining to the Peel Watershed. This consultation was prescribed by the Umbrella Final Agreement, which established a collaborative regional land use planning process that was adopted in modern land claims agreements between Yukon, Canada, and First Nations. For almost a decade, Yukon and the affected First Nations participated in the process set out in these agreements to develop a regional land use plan for the Peel Watershed. Near the end of the approval process, after the independent Peel Watershed Planning Commission (Commission) had released a Final Recommended Peel Watershed Regional Land Use Plan, Yukon proposed and adopted a final plan that made substantial changes to increase access to and development of the region. The trial judge declared that Yukon did not act in conformity with the process set out in the Final Agreements and quashed both its second consultation and plan. He held that, by introducing changes that had not been presented to the Commission, Yukon had not properly conducted the second consultation and had invalidly modified the Final Recommended Plan. The Yukon Court of Appeal allowed Yukon’s appeal in part and set aside the part of the trial judge’s order that returned the parties to the second round of consultation. It agreed with the trial judge that Yukon’s authority to modify the Final Recommended Plan was limited to modifications it had previously proposed to the Recommended Plan. The Court of Appeal however disagreed with the trial judge’s interpretation of the scope of Yukon’s authority to reject a Final Recommended Plan and concluded that this authority was broad....