The Ross River Dena Council can't enforce a provision in a 140-year-old land order, the Yukon Supreme Court ruled on Tuesday.

The Order of 1870 incorporated the Yukon Territory into Canada. At the time, the government had not reached a treaty with the First Nations inhabitants.

But according to a passage that accompanies the Order, the government said the "claims of the Indian tribes to compensation for lands required for purposes of settlement will be considered and settled in conformity with the equitable principles" of Canadian law. The Ross River Dena Council cited the provision in an attempt to resolve an unfinished land claim.

The court, however, said the passage doesn't create an enforceable duty. The First Nation must go through Canada's land claim process in order to settle the dispute, the decision stated.

Get the Story:
Court rules historic promise to First Nation not valid (CBC 1/31)

Yukon Supreme Court Decision:
Ross River Dena Council v. The Attorney General of Canada (January 31, 2012)