In an extremely unusual move, the territorial government has applied for a judicial review of the assessment of the Michelle Creek mineral exploration project.

This is the first mineral exploration project to be assessed in the area covered by the Peel Watershed Regional Land Use Plan since the plan was approved. The assessment was done by the Yukon Environmental and Socio-economic Assessment Board.

“The government has identified a number of significant concerns in the evaluation report that impact the government’s ability to reach an informed conclusion about the next course of action for this project,” the government said in a statement Tuesday.

Silver47 Exploration Corp. is proposing to explore for minerals such as silver, lead and zinc, at the Michelle Creek property.

The project is located approximately 120 kilometres northeast of Dawson City and approximately 20 kilometres from Tombstone Territorial Park. The site is accessible by helicopter only.

The project is located in the traditional territories of the Tr’ondëk Hwëch’in and the First Nation of Na-Cho Nyak Dun.

It straddles landscape management units that are designated for both conservation and development.

Under the Yukon Environmental and Socio-economic Assessment Act, the territorial government decides whether to accept, reject or vary the evaluation report recommendations for this project.

The law doesn’t allow the government to refer the evaluation report back to the designated office for reconsideration. The only way to have the evaluation report reconsidered is through a judicial review.

The government is asking the courts to send the evaluation report back to the designated office for reconsideration to ensure the project is properly assessed.

“The Yukon government is seeking a judicial review to ensure we have a full and complete assessment from which we can make a well-informed decision on the project,” said Energy, Mines and Resources Minister John Streicker.

“Our government is committed to implementing the Peel Watershed Regional Land Use Plan and advancing work on other regional land use planning.

“This work honours the final agreements of Yukon First Nations, helps reduce land-use conflicts and provides more certainty for industry.”

With the onset of court action, neither the government nor the board are commenting further.