Archived - Yukon Land Claims and Self-Government Agreements - Tri-annual Report 2004-2007
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Table of Contents
- Champagne and Aishihik First Nations
- First Nation of Na-Cho Nyak Dun
- Kluane First Nation
- Little Salmon/Carmacks First Nation
- Teslin Tlingit Council
- Alsek Renewable Resource Council
- Dawson District Renewable Resource Council
- Dän Keyi Renewable Resource Council
- Dispute Resolution Board
- Mayo District Renewable Resource Council
- North Yukon Planning Commission
- North Yukon Renewable Resource Council
- Peel Watershed Planning Commission
- Salmon Sub-Committee
- Selkirk Renewable Resource Council
- Teslin Renewable Resource Council
- Training Policy Committee
- Yukon Environmental and Socio-economic Assessment Board
- Yukon Fish and Wildlife Management Board
- Yukon Geographical Place Names Board
- Yukon Heritage Resources Board
- Yukon Land-Use Planning Council
- Yukon Surface Rights Board
Government of Yukon
- Department of Community Services
- Department of Economic Development
- Department of Energy, Mines and Resources
- Department of Environment
- Department of Health and Social Services
- Department of Highways and Public Works
- Department of Justice
- Department of Tourism and Culture
- Executive Council Office
- Yukon Liquor Corporation
- Yukon Public Service Commission
Government of Canada
- Canada School of Public Service
- Department of Canadian Heritage
- Fisheries and Oceans Canada
- Environment Canada
- Indian and Northern Affairs Canada
- Indian and Northern Affairs Canada/Regional
- Natural Resources Canada: Legal Surveys Division
- Public Works and Government Services Canada
- Appendix 1. Yukon First Nations
- Appendix 2. Features of the Umbrella Final Agreement
- Appendix 3. Features of the final agreements and self-government agreements
- Appendix 4. Financial compensation payments
- Appendix 5. Costs of implementation
- Appendix 6. Acronyms
- Appendix 7. Map of Traditional Territories
The Yukon is home to 14 First Nations, representing approximately 9,500 people (see Appendix 1). In 1973, these First Nations formed an umbrella organization, known as the Council for Yukon Indians (CYI) to pursue a comprehensive land claim with the federal government. In 1995, CYI changed its name to the Council of Yukon First Nations (CYFN).
In 1989, the Government of Canada, the Government of Yukon and CYI reached an agreement in principle that became the basis for the Umbrella Final Agreement (UFA) (see Appendix 2). Shortly after the conclusion of the agreement in principle, the parties also agreed that, instead of a single, territory-wide agreement, individual final agreements — embodying the provisions of the UFA — would be concluded with each of the Yukon First Nations (YFNs). Each individual Yukon First Nation Final Agreement would also include provisions that were specific to it. The UFA also provided for the negotiation of self-government agreements (SGAs) with each YFN. These agreements were negotiated and created as separate documents.
On May 29, 1993, representatives of CYI and the governments of Yukon and Canada signed the UFA. On the same date, final and self-government agreements were signed by Canada, Yukon, Teslin Tlingit Council, Champagne and Aishihik First Nations, Vuntut Gwitchin First Nation and the First Nation of Na-Cho Nyak Dun.
Enabling legislation in the form of the Yukon First Nations Land Claims Settlement Act and the Yukon First Nations Self-Government Act received assent on July 7, 1994. The Yukon Surface Rights Board Act, an essential companion piece of legislation, received assent on December 15, 1994. The Governor in Council established February 14, 1995 as the effective date of these acts, and of the first four Yukon First Nations final and self-government agreements.
Since that time, seven other final and self-government agreements have been signed and brought into effect:
|Date of Signing||Effective Date|
|Little Salmon/Carmacks First Nation||July 21, 1997||October 1, 1997|
|Selkirk First Nation||July 21, 1997||October 1, 1997|
|Tr'ondëk Hwëch'in||July 16, 1998||September 15, 1998|
|Ta'an Kwäch'än Council (TKC)||January 13, 2002||April 1, 2002|
|Kluane First Nation (KFN)||October 18, 2003||February 2, 2004|
|Kwanlin Dün First Nation (KDFN)||February 19, 2005||April 1, 2005|
|Carcross/Tagish First Nation (CTFN)||October 24, 2005||January 9, 2006|
The 11 self-governing Yukon First Nations comprise approximately 7,000 beneficiaries. Under their final agreements (see Appendix 3), 31,603 square kilometres (sq. km) became settlement land, 20,949.4 sq. km of which include First Nation ownership of mines and minerals. The self-governing Yukon First Nations also receive financial compensation payments of $195,254,166 paid over 15 years, commencing with their respective effective date (see Appendix 4). This represents the 1989 aggregate amount for those Yukon First Nations with settled claims at the time of the report.
In addition to compensation dollars, Canada also provides funding to CYFN and to various Boards and Committees for implementation of the land claim. (See Appendix 5 for information on the costs of implementation.)
Three Yukon First Nations — the White River First Nation, the Liard First Nation and the Ross River Dena Council — have not concluded agreements.
This tri-annual report was compiled by Indian and Northern Affairs Canada (INAC). It includes submissions provided by each respondent group, edited for length and consistency. Respondents were asked to provide information about their implementation achievements and challenges in the fiscal years 2004–05, 2005–06 and 2006–07.
Champagne and Aishihik First Nations
Champagne and Aishihik First Nations (CAFN) is a self-governing people with its main community and administrative headquarters centred in Haines Junction and an office in Whitehorse. Other communities in the traditional territory include Canyon Creek, Takhini River subdivision and Champagne. Traditional villages include Klukshu, Hutshi, Kloo Lake and Aishihik, which are still used for seasonal activities. A large number of CAFN citizens reside in Whitehorse. Total CAFN membership numbers around 1,175; more than 650 reside in the Yukon.
In 2004–05, CAFN signed the Strategic Forest Management Plan with the Government of Yukon and the Alsek Renewable Resource Council. CAFN signed a memorandum of understanding (MOU) with the Government of Yukon on consultation. The CAFN Goods and Services Tax Act and the Tax Sharing Administration Agreement (TAA) came into effect July 1, 2004.
In 2005–06, CAFN advised the federal government that it would assume responsibility for Government of Yukon alcohol and drug services and INAC post-secondary education and home and community care programs. CAFN hosted U.S. Senators John McCain, Hillary Clinton, Lindsey Graham and Susan Collins and other dignitaries at Klukshu Village and discussed climate change concerns.
A reciprocal arrangements agreement on social assistance delivery was completed with Canada, the Yukon and participating self-governing First Nations (SGFNs). CAFN staff worked with the CAFN Implementation Working/Review Group (IWG/IRG) representative to analyze issues for the nine-year review of the Final and Self-Government Agreements.
In 2006–07, an election was held for Chief and Councillors. An Elders Senate was established. A Youth General Assembly was held. CAFN's Executive Development Program with Yukon College began. The 2006 federal census was the first to enumerate settlement lands.
In 2004–05, during the implementation plan review, SGFNs were concerned that Canada's representatives did not have a mandate to review self-government funding.
Dual enrollment of citizens with other First Nations was another challenge, as was ensuring that self-governing FNs have accurate databases and statistics. In 2005–06, reconciling citizenship lists with other FNs continued to be a challenge. Mediation was necessary due to Human Resources and Skills Development Canada's refusal to negotiate assumption of responsibility. In 2006–07, CAFN worked to develop an enrollment policy and procedures to formally resolve dual enrollment. The Parties had great difficulty in agreeing on a tax work plan and funding agreement for the year.
Land use/land management
In 2004–05, CAFN coordinated FireSmart projects for Haines Junction, Canyon and Champagne residential areas. Community land-use plans were completed for Aishihik and Champagne and emergency planning was initiated for communities. CAFN worked with First Nations and Inuit organizations from across Canada on the National Land Claim Coalition and participated in the National Aboriginal Consultative Committee to advise Parks Canada on policy issues affecting Aboriginal people. The "Healing Broken Connections" project for Kluane National Park & Reserve (KNP&R) — a partnership between Parks Canada, CAFN and Kluane First Nation (KFN) — was implemented. Project goals included reintegrating First Nations people into KNP&R and building a relationship with Parks Canada.
In 2005–06, CAFN organized and hosted a climate change workshop in Haines Junction. CAFN coordinated FireSmart projects for Haines Junction, Canyon and Champagne residential areas. The first residential land lease was issued to a citizen for CAFN land.
The "Healing Broken Connections" project continued. CAFN was contracted by B.C. Parks to manage Tatshenshini-Alsek Park. There were 17 CAFN projects reviewed under YESAA.
In 2006–07, CAFN finalized and released the Integrated Landscape Plan for forestry in partnership with the Government of Yukon. CAFN coordinated FireSmart projects for Haines Junction, Canyon and Champagne residential areas. CAFN's Lands Act was amended to allow individual home ownership. CAFN researched ways of using traditional knowledge to manage KNP&R through the ongoing "Healing Broken Connections" project. CAFN continued to provide management for Tatshenshini-Alsek Park.
Challenges: Land use/land management
In 2004–05, heritage areas, such as graveyards, were at a high risk of loss to forest fires and were not covered by the FireSmart program. In 2005–06, CAFN started to develop policy and legislation on mineral, forestry and other resource extraction on settlement land.
Since 2004–05, CAFN has appointed a representative to the Transboundary Rivers Panel established under the Pacific Salmon Treaty. CAFN continues to implement recommendations from its Community Salmon Management Plan. It also continues to work with the Department of Fisheries and Oceans to improve methods for enumerating salmon on the Klukshu River and to ensure that community concerns are taken forward to the Transboundary Rivers Panel.
The seasonal Fish and Wildlife Monitoring Program continues to collect harvest data, provide technical assistance and support school and cultural trips.
CAFN is actively involved with developing wildlife management plans for both indigenous and transplanted species. Since 2006, CAFN has participated in the development of management plans for elk and bison. Each year, CAFN will negotiate a harvest framework agreement that allows CAFN beneficiaries to harvest bison and host an annual community bison hunt.
CAFN hosts an annual trappers' workshop and identifies high-priority trapping concerns. Three main priorities have been identified:
- developing a community based steering committee that would assist the CAFN government with developing a harvest support program;
- working with other governments to develop and implement a trapline compensation program; and
- resolving overlap agreements with neighbouring First Nations.
Challenges: Renewable Resources
The management of traplines and harvesting rights within overlap areas that do not have overlap agreements is still very challenging and is a priority for CAFN to resolve. CAFN trappers who have traplines within overlap areas are governed by interim measures and do not have the security enjoyed by other trappers. This also affects the designation of traplines within the traditional territory that are located within an overlap area. Trappers are still waiting for a fair compensation process. With increased resource extraction, agricultural pursuits and greater interest in rural residential lands, many traplines have been developed to a point that fur-bearing species no longer utilize the area. For some trappers, this affects their winter income and their way of life.
Salmon management and CAFN's need to maintain its role in a co-management regime are still challenging. There has been some recognition for the Alsek River system at the Pacific Salmon Commission, however, and there is agreement on some of the issues.
The bison and elk herds that were introduced to the CAFN traditional territory (CATT) have created many social and ecological challenges. CAFN is working with the Government of Yukon to conduct a social-impact study that would provide recommendations to deal with the reintroduction of large ungulates that have not been a part of the landscape for many hundreds of years. Disease and parasite concerns related to both bison and elk are significant.
Since 2002, CAFN has been implementing an Economic Development Strategy that separates the role of the governance of economic development from First Nation business enterprises. In 2003, an MOU formalized the roles and the relationships of the CAFN government, the CAFN Trust, the Development Corporation and the Community Corporation that was incorporated in February 2006. The organizational foundation for CAFN economic development is largely in place but it will require careful management and strategic focus on the responsibilities and capacity of each of these entities. The CAFN economic development program helps to support these entities.
Within CAFN, the Economic Development Program has been carrying out policy development and planning in the key sectors of mining, forestry, tourism and energy. Economic Development has contributed to organizing and managing the Forestry Implementation Plan, and economic aspects of the Strategic Forest Management Plan were initiated. A Best Practices Code for the mineral industry has been initiated as a way to make CATT more attractive for mineral exploration. Projects are in the planning stages in both tourism and energy. CAFN's Economic Development Program contributed to the creation and start-up of the Alaska Highway Aboriginal Pipeline Coalition as a way to encourage information sharing and opportunities related to the proposed pipeline.
The Economic Development Department works closely with other departments including heritage, housing and lands to create the most favourable environment possible for economic development. For example, CAFN has undertaken a cultural centre project; the Economic Development Program has contributed to this project as needed.
As another key part of the CAFN Economic Development Strategy, efforts to encourage individual entrepreneurs in the CAFN community continue through an ongoing program of business planning and assistance offered by the CAFN Business Development Officer.
Challenges: Economic development
Encouraging business development in the CATT remains a challenge. Access to capital is difficult for both entities owned by the First Nation and for individuals since there is an unfavourable perception of risk and return for businesses in CATT. Many individuals do not have access to even small amounts of equity needed for access to the Aboriginal Business Canada program. Unemployment is a problem for some members of the community although in some cases this stems from health and social issues. The spruce bark beetle infestation has caused the value of CAFN forests to decline significantly. It has been difficult to interest firms in taking up the opportunity to salvage the resulting low-value wood. In mining, although CAFN has worked hard to create a favourable climate, the CATT has to compete for mineral exploration dollars with other areas of the Yukon that are better known for mining and minerals. Although CAFN is well positioned in tourism, overall Yukon tourism growth year to year is flat. CAFN is faced with a challenge of creating a destination for visitors; this requires considerable investment in infrastructure and marketing.
Heritage and culture
In 2004–05, CAFN negotiated with Canada and Yukon to implement the "catch up/keep up" provisions of the FA. Staff participated in the First Nations Heritage Group. CAFN helped develop a strategic plan for the Ice Patch Research Project in partnership with Kwanlin Dün First Nation, Kluane First Nation, Teslin Tlingit Council, Ta'an Kwäch'än Council, Carcross/Tagish First Nation and the Yukon's Historic Sites Unit. Work continued with the Kwäday Dän T'sinchì (Long Ago Person Found) Management Group and Sealaska Heritage Foundation. A feasibility study and conceptual design were completed for the CAFN cultural centre. Work began on a traditional knowledge database.
In 2005–06, CAFN participated in the Heritage Training Committee to establish an accredited program at Yukon College. Work began on the planning process for the cultural centre. CAFN staff worked with Government of Yukon's Heritage Branch to identify ways to increase production of First Nations arts and crafts. Implementation of the strategic plan for Ice Patch Research continued, as did research on Kwäday Dän T'sinchì. A traditional knowledge policy framework (TKPF) and five-year strategic plan were developed.
In 2006–07, CAFN's heritage program began delivering interpretive and cultural programming at the interim cultural centre at Da Ku. A full-time staff person was hired to work on oral history and traditional knowledge and a term Collections Assistant was hired to begin documentation and conservation of the legacy Heritage Collection. CAFN took the lead on behalf of other Yukon FNs in developing an MOU to establish protocols between government and FNs on ice patch artifacts. Communities and CAFN staff were consulted on the TKPF.
Challenges: Heritage and culture
In 2004–05, CAFN tried to balance traditional values and scientific standards in its heritage work. It worked to strengthen members' and intergovernmental relationships with KNP&R and Tatshenshini-Alsek Park. CAFN sought ways to teach traditional activities and skills to the communities, encourage use of and activities on the land and create access to heritage resources. In 2007, in conjunction with the Royal British Columbia Museum, planning began for a 2008 symposium that would create closure for all of the scientific studies associated with Kwäday Dän T'sinchì. A memorial potlatch is planned for 2008.
Health and social issues
In 2004–05, a reorganization of CAFN's Health and Social Department began and a review of its programs was initiated. CAFN developed a five-year strategic plan for health and social programs. An amendment to the Contribution Agreement was negotiated to cover an ongoing deficit in the home care program.
In 2005–06, the review and restructuring of the Health and Social Department was completed. Staff promoted healthy families through drug awareness campaigns and workshops, traditional parenting classes, healthy cooking classes and extended support to Whitehorse. CAFN initiated a recreation program for citizens of all ages.
In 2006–07, CAFN collaborated on a case management process for child protection with social services agencies in Haines Junction and Whitehorse. Social programs staff supported survivors of residential schools. Harvest camps at Aishihik Lake focused on reducing alcohol and drug abuse. A community consultation report helped develop income assistance legislation and policy. The Employment Opportunities Program continued. Health staff carried out an anti-smoking campaign aimed at children.
Challenges: Health and social issues
In 2004–05, holistic strategies were needed to improve health, as was funding for youth programs. Demand for social services in Whitehorse increased, and the deficit in Home and Community Care continued. Substance abuse was an ongoing problem. In 2005–06, traditional practices and values needed to be researched and documented.
In 2004–05, CAFN continued the language nest program in the day care. A Southern Tutchone language CD was produced. Staff participated in the Department of Education's Curriculum Advisory Committee. The CAFN Education Advisory Board continued to meet. The Greenhouse Project was initiated in partnership with Government of Yukon, the Village of Haines Junction and Yukon College. CAFN signed an administrative agreement to deliver the post- secondary program on behalf of INAC.
In 2005–06, CAFN held an education conference for its citizens that was very productive. CAFN fulfilled its second year of delivering post-secondary programs on behalf of INAC. CAFN hosted the 2005 National Science Camp. The Education Department was established, and a language workshop was offered to CAFN citizens.
In 2006–07, the Shawkwunlee Day care reopened. Language and culture camps were held throughout the year. Dan Keyi Kwandur (Stories from Our Country) is in the process of being published. CAFN continued to be a partner in the Greenhouse Project. CAFN co-hosted a Southern Tutchone career fair with TKC and KFN.
CAFN has had to raise awareness of the steady decline of the Southern Tutchone language and has identified resources to address this issue. Capacity needed to be developed to meet the diverse needs of all CAFN students (K–12 and post-secondary) and funds and capacity were needed to achieve CAFN's goals for education, employment, training and language. The Shawkwunlee Day care closed for a time.
In 2004–05, staff supported the work of the Administrative Appeals Tribunal (AAT).
CAFN tabled a Justice Negotiations Framework Agreement for Canada and Yukon to review. Workshops on mainstream and traditional justice were held for elders and youth. CAFN completed a policy and procedures manual for Haines Junction Community Justice.
In 2005–06, staff consulted with elders on incorporating traditional laws into the CAFN justice program. Chief and Council approved the terms of reference and process for the AAT. Citizens participated in community corrections consultations and staff participated in the Summit on Corrections. Justice staff made a presentation to Action Canada on restorative justice issues at the community level. CAFN contracted a lawyer to develop two position papers on administration of justice. Staff participated in an Aboriginal Justice Conference on restorative justice.
In 2006–07, Justice staff delivered a workshop on the justice system with Chief and Council. Negotiations began on the Administration of Justice Framework Agreement.
Community justice staff worked to incorporate elements of traditional knowledge into community justice activities and develop ways to tie the community justice program to the planned justice system. Chief and Council called for a review of the AAT.
In 2004–05, CAFN worked to make the AAT more accessible to its citizens. Preliminaries began on negotiations of Administration of Justice. In 2005–06, the need to increase community capacity to provide restorative justice processes became apparent. The number of offenders engaged in the Court system continued to be a challenge, as was increasing the participation of local Justices of the Peace.
In 2004–05, the Finance Department cross-trained CAFN staff, resulting in more efficient audits. Finance staff provided support to the Champagne Aishihik Trust.
In 2006–07, the Finance Department hired summer student trainees to build interest and capacity in accounting among its citizenship. A collections plan was implemented to recover money owed by citizens. A review of the Finance Department was completed and approved by Council.
In 2004–05, CAFN needed to recruit citizens to train in accounting to build capacity.
Housing and municipal services
In 2004–05, a Home Ownership and Home Ownership Assistance Policy was developed and an On-Settlement Housing Act was passed. A new roof was installed at the Youth Centre.
In 2005–06, a new sewage lift was installed in Haines Junction and a new well was developed at Champagne. Housing and municipal staff constructed a new cultural house for community gatherings at Aishihik. Housing staff coordinated renovation of the old CAFN administrative office (now called Da Ku) to create additional office space; renovations to the day care were also carried out.
In 2006–07, CAFN contracted an assessment of all CAFN houses. The results indicated that $3.7 million would need to be spent over the subsequent ten years to bring the homes up to standard. A housing review was initiated.
Challenges: Housing and municipal services
In 2004–05, the challenge was maintaining seven communities with limited staff and funding. In 2005–06, the need to obtain funds to make CAFN communities healthier and safer was identified. In 2006–07, CAFN had to respond to the contaminated water crisis at Champagne. CAFN also worked to address an ongoing housing deficit.
First Nation of Na-Cho Nyak Dun
The First Nation of Na-Cho Nyak Dun (FNNND) carried out work on a Privacy Act and a Governance Act. FNNND also worked on developing policies on traditional knowledge and personnel. In addition, cooperative agreement procedures were developed for working with mining companies.
Challenges included inadequate funding and consultation. In addition, some federal policies are incompatible with FNNND's SGA.
Land-use and management
Work was done on a land registry system. FNNND signed an overlap agreement with Tr'ondëk Hwëch'in, Selkirk First Nation and Little Salmon/Carmacks First Nation. Funding was provided for a United Keno Hill Mines mining liaison position for the 15-month period of the closure plan.
Challenges: Land-use and management
Challenges included insufficient funding, a lack of human resources and lack of training.
A ten-year capital plan was completed. Development of a new subdivision began and 18 new houses were built. A geothermal heating/service building is in the planning stage and is expected to be constructed once funding is approved.
Challenges included insufficient funding and lack of a skilled workforce. In addition, annual budgets do not include adjustments for inflation or for the costs of goods and services in a remote community.
The Financial Transfer Agreement (FTA) budget was increased.
Challenges included determining how to recognize beneficiaries in FTA negotiations. In addition, there is insufficient funding for staffing and operations, and inadequate office space.
Work was ongoing on a draft framework Administration of Justice Agreement (AJA). Development work was also carried out on an administrative court system. FNNND developed, designed and implemented a new justice committee. The FN also developed an orientation seminar for new members of the RCMP detachment in Mayo.
Challenges included a lack of funding for justice projects and a lack of local capacity. There is a lack of communication among governments, non-government organizations (NGOs) and other groups on justice matters. A lack of awareness of justice issues on the part of FNNND citizens will be addressed through community awareness sessions, which have been identified in the work plan for 2008–09.
Kluane First Nation
Kluane First Nation (KFN) is based in the community of Burwash Landing, on the shore of Kluane Lake. KFN signed its land claims agreements on October 18, 2003; they came into effect on February 2, 2004. KFN began its first full year of self-governance in 2004–05.
A Governance Department was created, and the Finance and Capital departments were combined in one new Department called Finance and Public Works. A Position Evaluation Manual was developed to classify positions within KFN. Job descriptions were updated and revised.
KFN joined the other self-governing YFNs at the Programs and Services Transfer Agreement (PSTA) negotiating table. This table collectively negotiates PSTAs.
The Kluane First Nation Income Tax Act and the Kluane First Nation Goods and Services Tax Act were completed and came into effect on January 1, 2005.
KFN carried out a review of its Constitution. An election was held August 21, 2004. As a result of appeals, the election was reheld on June 22, 2005, at which time the existing Council was elected by acclamation. A review of the Election Act began.
A Special General Assembly was held to deal with the investment committee and KFN spending policies. Work began on the terms of reference for a Strategic Economic Development Investment Fund.
KFN developed a back-to-work action plan and supported several of its citizens in improving their job skills. The FN also held several training courses, including small-engine repair, wilderness first aid and computer skills. Local employment opportunities included work with highway construction, mining companies and Parks Canada.
Work began on concept planning for a cultural centre. All loans related to the Yukon Inn in Whitehorse were paid off.Minor improvements were carried out at the Dalan Campground, which is owned by KFN. The FN's shares in RAB Energy were transferred to the Development Corporation.
Lands, Heritage and Resources
Lands, Heritage and Resources began the process of adjusting from a negotiating Department to an implementing Department. The Department spent three days with the staff of CAFN's Lands, Heritage, Education and Resources Department to study their approach to implementation work. The Department held a strategic planning session, facilitated by CAFN, to develop a work plan.
KFN, along with CAFN and Parks Canada, participated in the "Healing Broken Connections" project. The project is designed to help local FN people reconnect to Kluane National Park & Reserve (KNP&R), create a database of traditional knowledge related to the park, and improve the working relationship among the three partners.
Parks Canada has committed to hiring citizens of KFN and CAFN for certain positions in the park. KFN also worked with the park's management Board on a number of issues, including no-harvest zones and other management initiatives.
The Department worked on the Shakwak Highway Reconstruction Project and worked with private contractors and the Government of Yukon to increase employment opportunities for KFN citizens.
KFN began discussions with the Government of Yukon regarding the special sheep-guiding opportunity for the Dall's sheep hunt auction outlined in the Kluane First Nation Final Agreement.
Heritage Branch staff visited the Gladstone Ice Patch for five days and completed the archiving of land claims textual records.
The Resources Branch held a one-day workshop on Yukon Environmental and Socio-Economic Assessment Act issues and procedures. Reclamation work began at the old dump.
The Lands Branch started work on implementing a new GIS program. Work also began on surveying settlement lands. In addition, a field trip was carried out as part of the Heritage Routes project.
Health and Social Programs
A local elder was hired for the Elders in the School program.
The Department received funding from Yukon College to hold a nine-credit cultural course at Cultus Bay. It has also undertaken several literacy initiatives for students in the community and in Whitehorse. The Government of Yukon provided funding for an after-school program.
The Department petitioned the Government of Yukon to establish a school in Burwash Landing.
The Community Education Liaison Coordinator position was moved to Whitehorse until the end of the school year.
This program began in June 2004. It includes services such as Meals on Wheels as well as workshops on issues of interest to elders.
Lands, Heritage and Resources
Through the "Healing Broken Connections" project, KFN planned two significant events within KNP&R: the Tachal Rediscovery Camp and the Grizzly Creek Headstone Potlatch.
KFN hired a full-time archivist to organize, document and preserve its archival collection.
Contracts were awarded to carry out the surveying of KFN settlement lands.
Phase 1 (trail identification) and Phase 2 (trail reopening) of the Heritage Routes project were completed.
The initial stages of developing a Lands Act commenced.
KFN hired a Lands Technician in the Lands Department.
Health and Social
The Youth Liaison, Wellness Coordinator and Director of Health and Social positions were filled.
An after-school program was initiated for students at Kluane Lake School.
Public Works and Municipal Services
KFN purchased fleet vehicles to reduce the costs associated with travel to meetings. The FN also purchased a new water truck.
Plans were developed for the installation of power lines to the new subdivision at Copper Joe Creek and for construction of a new youth and elders centre.
The wood-chip boiler system was expanded; it may be extended for community bio-mass heating.
Five new houses at the new Copper Joe subdivision were allocated for a new home-ownership program.
An interim Capital Works Board was established to develop, implement and manage housing policies.
A new corporate income trust structure was accepted at the General Assembly.
Lands, Heritage and Resources
Work began on developing a policy on traditional knowledge. A five-year language plan was also in the process of development. KFN hired a Renewable Resource Manager, Lands Manager and Department Director. Surveys of settlement land continued.
Designation of Category 1 traplines was nearly completed.
Assessment of a Basic Needs Allocation for salmon at Tin Cup Lake began.
Public Works and Municipal Services
At Copper Joe subdivision, power and street lights were installed and construction began on five houses for the home-ownership program. Renovations were carried out on existing homes, four of which were earmarked for the program.
A feasibility study was carried out on district heating.
Road work and site preparation was carried out for the youth and elders centre.
Office space was completed.
A president was hired for the Kluane Corporation to help establish the Board and implement the trust structure. Implementation of the corporate income trust structure commenced.
The first auction for the Dall's sheep hunt permit was held and the hunt was completed. The permit was auctioned at the Foundation for North American Wild Sheep auction.
Little Salmon/Carmacks First Nation
Located in Carmacks, the Little Salmon/Carmacks First Nation (LSCFN) has a membership of approximately 630 citizens.
In 2004–05, LSCFN adopted a constitutional amendment to enable greater financial penalties to be imposed for pollution on settlement land. In 2005–06, the constitution was amended to revise the procedure for choosing a deputy chief. Discussions continued on the possibility of taking over responsibility for education, with strong support from the members. Chief and Council and Directors engaged in strategic planning for alcohol and drug strategies. In 2006–07, LSCFN continued to participate in implementation reviews and reviews of the Financial Transfer Agreement.
Amending the constitution is a difficult process that involves the Standing Committee on the Constitution.
Land use/land management
In 2004–05, LSCFN produced the first draft of an atlas of its settlement lands; work continued in 2006–07. It also signed consent forms regarding the designation of Category 1 traplines. In 2005–06, LSCFN created applications and permits for site-specific surveys. The FN also began the planning process for traditional governance. In addition, it worked on a reclamation project with the Governments of Yukon and Canada for the Mount Nansen mine site. In 2006–07, LSCFN held initial discussions on the Western Copper mine in its traditional territory; the mine was going through the YESAA process. The FN also established a steering committee to negotiate a project agreement on the Yukon Energy transmission line, which will be going through the YESAA process.
Challenges: Land use/land management
In 2004–05, overlap issues prevented some trapline designations from being carried out. Reclamation of the Mount Nansen Mine is a complex issue that will involve years of planning and implementation.
In 2004–05, LSCFN carried out a review of the Fish and Wildlife Act and worked on developing a bison management plan. The FN also worked with CAFN and the Government of Yukon to prepare a draft proposal for stream assessments. In 2006–07, LSCFN worked on the bison management plan with the Government of Yukon.
Heritage and culture
In 2004–05, LSCFN established a heritage department and worked on developing a long-term plan for a heritage program. It also worked with other First Nations to establish a policy on traditional knowledge. In 2005–06, archaeological surveys along the Yukon River resulted in information being gathered for major heritage work. The FN also digitized the database of interviews with elders that have been taped over decades. In 2006–07, negotiations with the federal government continued on a programs and services transfer agreement (PSTA) on languages.
Challenges: Heritage and culture
Developing a heritage department involved dealing with many different issues.
Health and social issues
In 2004–05, LSCFN participated in strategic planning with other groups to develop the Northern Tutchone Child Protection Protocol. The FN made a transition to a more coordinated approach to case management for health and social services and received training in case management. Certified training was also provided for day-care workers. The FN also worked to develop a plan for service delivery for home and community care. In 2005–06, the FN's general assembly focused solely on alcohol and drugs, passing a resolution to develop an alcohol and drug policy. In 2006–07, negotiations continued to conclude PSTAs on home and community care and alcohol and drug services. An alcohol and drug policy was approved by Chief and Council and came into effect.
Challenges: Health and social issues
Developing an alcohol and drug policy was very difficult.
In 2004–05, LSCFN carried out internal discussions on drawing down responsibilities for education. These discussions continued in 2005–06. In 2006–07, negotiations continued on a PSTA for post-secondary education.
Drawing down education responsibilities would require detailed and complex discussions.
In 2004–05, LSCFN worked with the Senior Financial Arrangements Committee to prepare for the five-year review of the final agreement. It also participated in a Northern Tutchone working group to develop a wage scale and new job descriptions.
In 2005–06, LSCFN began discussions with the Northern Tutchone Council on the development of a framework agreement for the administration of justice, including priorities for negotiations.
In 2004–05, LSCFN carried out a feasibility study for a water supply system.
Teslin Tlingit Council
Teslin Tlingit Council's business arm, Tle'Nax T'awei Limited Partnership, has been working to expand its businesses, provide sound financial advice and establish a Socio-Economic Impact Benefit Agreement (SEIBA). In 2006–07, TTC hired a consultant to analyze potential and existing investments within the traditional territory.
A consequence of resource development activity is TTC's involvement in the Yukon Environmental and Socio-Economic Assessment Act (YESAA) process. TTC can choose to be a Decision Body on most of the development activity on settlement land, which requires it to be an active and fully informed participant. TTC must also follow the YESAA process when initiating development on settlement land.
The Red Mountain Project, operated by Tintina Mines, was the first YESAA process with which TTC was involved. TTC met with Tintina Mines representatives and worked towards developing an MOU for a SEIBA.
Challenges: Economic development
A balanced approach to development is critical. TTC must take care of its land, water and air while maximizing benefits for its citizens.
Implementation and negotiations
In 2004–05, TTC celebrated ten years as a self-governing FN. The nine-year review of implementation was in its second year. YFNs, CYFN and the Government of Yukon met with the Minister of INAC early in 2005. Canada committed to review the adequacy of implementation funding.
Substantive negotiations began with Canada and the Yukon on an Administration of Justice (AJA) Agreement.
Clan leaders met with Dakh Ka and agreed on a bilateral approach to the negotiation of British Columbia (B.C.) land claims.
In 2005–06, TTC worked with the federal government on the PSTA. TTC continued to lobby the Government of Canada on the issue of justice negotiations.
In 2006–07, TTC continued to seek a resolution to its claim in B.C.. TTC participates in the First Nations Summit in B.C. and the Northern Nations Alliance.
TTC met with the Yukon Premier and proposed a quarterly meeting schedule. This should lead to a more productive and positive working relationship with the Government of Yukon.
As a result of a long series of negotiations, the issue of the Forestry House and land was resolved, with ownership to be transferred to a TTC-held trust.
TTC met with Kaska leadership in Watson Lake to begin to establish a working relationship. Matters discussed included a possible Resource Royalty Sharing Agreement.
TTC had regular monthly meetings with the Village of Teslin to cooperatively provide better services for all residents of the community.
TTC obtained a legal opinion on its rights and obligations on and off settlement land. Revisions to the Constitution tied into the need for an updated citizenship code.
In 2006–07, TTC started negotiations with Human Resources and Skills Development Canada on the Aboriginal Human Resource Development Agreement.
INAC proposed a collaborative process with all self-governing Yukon First Nations (with the Government of Yukon present) to determine a Gross Expenditure Base. Meetings began in January, 2007.
Since May 2003, the Parties to seven Yukon First Nation Final Agreements and SGAs — including TTC — have been engaged in reviews of the implementation plans for the UFA and the FAs and SGAs for the seven self-governing YFNs.
Challenges: Implementation and negotiations
The Implementation Review Group identified two main challenges: inadequate funding and the fact that certain federal policies and practices were inconsistent with and/or impeded implementation of the agreements.
Finance and administration
In 2004–05, the Management Board was mandated to provide more rigorous financial oversight. In January 2005, work began on strategic planning. The Senior Financial Arrangements Committee continued to review the gross expenditure base of the Financial Transfer Agreement.
In 2005–06, the ten-year strategic plan was finalized in February 2006.
In 2006–07, the Department upgraded its accounting software and payroll software. Developing capacity in staff and auxiliary workers continued to be a priority. The Department updated job descriptions to improve efficiencies and enhance cross-training.
After five years of negotiations, the review of the Financial Transfer Agreement (FTA) was completed. The review identified a number of shortcomings in the methodology used to calculate the funding required for implementation.
The Admin/Records Manager attended a Canadian Conservation Institute workshop on care of archival materials.
The Executive Council developed an annual calendar to help ensure that meetings are held regularly and issues are dealt with in a timely manner. Management Board participated in a scoping exercise that proved that TTC is severely under-funded in terms of governance.
The Personnel Policy and Finance Policy were revised and updated to bring TTC in compliance with labour standards and human-rights legislation.
TTC worked with nine other First Nations to negotiate a Program and Service Transfer Agreement with the Department of Canadian Heritage.
TTC continued to focus on its ten-year strategic plan. A Human Resource Development Plan was implemented to meet the need for well-trained staff.
In February, Yukon's Department of Highways and Public Works came to Teslin regarding heavy-equipment operator training planned for the community. TTC also discussed possible justice training for Teslin Tlingit citizens with the B.C Justice Institute.
The Staff Training Officer coordinated training for staff members. The STEP II Myers Briggs Course helped teach staff to deal effectively with others.
Challenges: Finance and administration
TTC's main challenge continued to be a lack of financial and human resources. Being overly ambitious was another challenge: expectations need to match abilities. In addition, many TTC citizens do not belong to a clan; this needs to be addressed.
In 2006–07, the Elders Council budget was increased to enable members to meet more often.
Lands and resources
In 2004–05, the Forest Management Plan is nearing completion and a summary document has been completed. The summary will be distributed to stakeholders, governments and NGOs. TTC met with the Minister of Energy, Mines and Resources to discuss Joint Local Area Planning.
The Department liaises with a wide range of groups, including governments, Teslin Renewable Resource Council (TRRC), the Yukon River panel and the Southern Lakes Caribou Committee. TTC worked with TRRC and the Government of Yukon on the Teslin Integrated Fish and Wildlife Management Plan. A review of action items, which was open to the public, was carried out in March.
Department staff worked on implementing YESAA. They also participated in the Lands, Resources and Heritage summits and participated in the 2004 Yukon Wildland Fire Review.
In 2005–06, the Integrated Fish and Wildlife Management Plan was renewed. A three-day community workshop was part of the process. The Department continued to meet with a range of groups, including the Yukon River Working Group, the Dakh Ka Nation and the federal Department of Fisheries and Oceans.
In 2006–07, TTC met with the Yukon Placer Secretariat on three occasions to discuss the new placer regime. The Forest Management Plan was signed in February 2007 after eight years of work.
Seven new approved leases were granted to TTC citizens; this enables them to apply for a mortgage through a bank.
TTC, with the Government of Yukon, is in the second year of a joint development project for recreational and residential lands.
Five mining companies carried out exploration activities within the traditional territory.
TTC's Environmental Officer conducted regular inspections of the traditional territory and submitted comments to the Yukon Environmental and Socio-Economic Board (YESAB). Numerous mining applications required the input of elders and citizens. All project information was placed on the TTC website.
TTC was an active member of the YESAA Caucus that was developed as a forum for Yukon First Nations to share information.
The GIS Department had another busy year with data input and place names work. An agreement with Natural Resources Canada helped the division download the information needed for the traditional territory.
The Fish and Wildlife Officer — in conjunction with the Teslin RRC — was responsible for delivering the fish and wildlife management programs of the Renewable Resources Division on settlement lands.
Through funding from the Yukon River Enhancement and Restoration Fund, TTC continued to collect DNA samples from chinook and king salmon. TTC also started collecting DNA information from the B.C. portion of Teslin Lake, through funding from the Aboriginal Fisheries Strategy.
TTC held a certified trapping workshop in Teslin.
Surveys of caribou at Swan Lake showed a healthy survival rate of 24 calves per 100 cows. Southern Lakes caribou also seemed to be doing well.
A key issue facing all YFNs was the Government of Yukon's Big Game Outfitting Land Application Policy. As a result of intensive lobbying by the TTC Lands Department, the policy is on hold until further consideration is given to land allocations in general.
Heritage and language
In 2004–05, the The Teslin Tlingit Heritage Centre (TTHC) hired five local women to sew blankets with clan emblems. The centre also provided classes in Tlingit.
In 2005–06, the heritage centre hosted a ten-week drum-making course. The centre, in partnership with the National Film Board of Canada, also held a week-long workshop with two visiting animators.
In 2006–07, the Heritage Department's responsibilities include the operations of the TTHC, Teslin Tlingit Language and Culture Program, and the Teslin Tlingit Movable and non-Moveable Heritage and the Tlingit Arts program including the Ice Patch Research project.
New funding arrangements at the national level have ground to a halt. New federal funding levels remain unchanged until further notice.
Several TTC members attended a conference of Tshimshian, Haida and Tlingit Tribes and Clans in Sitka, Alaska in March, 2007.
In 2006–07, TTC built a traditional fish camp at TTHC. The goal was to teach youth and visitors about harvesting and preparing the catch and teach the Tlingit language in a traditional setting.
Tlingit lessons were provided at the day care and to TTC staff. A three-day Dàkh ka Language Symposium led to a ten-day elders' immersion camp in Carcross.
TTC attended the annual meeting of the First Nations Confederacy of Cultural Education Centres in Winnipeg.
TTC worked with the Yukon's First Nation Programs and Partnerships Unit and the Principal and Superintendent of Teslin School to ensure that an effective Tlingit language program was offered to students at the school. TTC also held discussions on developing a Tlingit language immersion program.
TTC participated in the opening ceremonies of the Canada Winter Games and provided sponsorship through the Tle'Nax T'awei Limited Partnership and Whitehorse Beverages.
Capital and infrastructure
In 2004–05, TTC obtained funds to assess water and wastewater and install a commercial well for the administration building.
In 2005–06, TTC worked to complete the assessment of existing housing stock for the home ownership project but was not able to complete it.
In 2006–07, activities included continuation of the Home Ownership Project; construction of a community greenhouse; and expansion of the Apprenticeship Training Program.
Challenges: Capital and infrastructure
There is a pressing need for developed land. In addition, the cost of renovation projects exceeds the amount of funds available so only renovations for health and safety reasons were funded. A lack of skilled contractors meant that more people had to be sent out for training.
In 2004–05, TTC had ongoing discussions with Yukon Education about the division and sharing of responsibility for some education programs. TTC signed an Aboriginal Human Resource Development Agreement.
In 2005–06, The Education Department worked to develop a ten-year plan that was in line with the goals of the TTC strategic plan. Annual work plans were developed based on the ten-year plan. TTC hosted a one-day teacher orientation at Brooks Brook.
In 2006–07, TTC held discussions on Government of Yukon/TTC partnerships pertaining to sharing costs for services and programs, the future educational needs of TTC citizens, and culturally relevant curriculum.
TTC attended the Yukon College Summit on Post-Secondary Education in May, 2006. The college established the Presidents Advisory Committee on First Nation Initiatives to work on and prioritize the summit's recommendations.
TTC participated in the Education Reform process and attended meetings of the Education Advisory Committee.
Two elders worked in Teslin School all year. They supported students and offered cultural activities including traditional cooking, crafts and storytelling.
There is a lack of parental involvement in school programs and School Council meetings.
Health and Social Programs
In 2004–05, TTC participated in the review of the Yukon Children's Act. An Aboriginal Head Start program was approved, along with funds for an addition to the day care. TTC participated in the Yukon First Nations Health and Social Commission. Funding was approved for materials for a community greenhouse.
TTC developed the Peacemaker Court Act, the Corrections Act and Stage 1 of the Peacemaker Court Policy. As part of the Peacemaker Diversion Project, a support group was set up to help integrate offenders back into the community.
Challenges: Health and Social Programs
Reporting requirements for the Home and Community Care program have become onerous.
In 2005–06, activities included a traditional parenting workshop, a residential school conference and implementation of a case-management data base in the Department.
In 2006–07, activities included production of a youth stop smoking video, a hot lunch program, and residential school workshops. The program also delivered Home Support Services, elders/seniors lunches and teas, and a Meals-on-Wheels program. The Health and Social Policy was amended to incorporate medical transportation.
Activities of the Peacemaker Diversion Project included an information exchange for Yukon Community Justice Coordinators and the RCMP; a workshop on Matrimonial Real Property; and AIS training to track clients and activities.
Renovation of the Early Learning and Child Care Centre was completed and the centre opened in June 2006. It is now operated by TTC. One of five Tlingit/English children's books was completed and the nursery group was reopened. The centre offered several programs, including Aboriginal Head Start.
There was a lack of commitment to attend or complete workshops or programs. There was also a large turnover of nursing staff at the Teslin Health Centre. Training was required to fully utilize the Case Management Database for programs and services provided to TTC citizens. Stress and burn-out for staff was another challenge.
Challenges for the Peacemaker Diversion Project include the fact that unresolved issues in the community between families and individuals can lead to more incidents. In addition, the roles and responsibilities of peacemakers are unclear.
Alsek Renewable Resource Council
The Alsek Renewable Resource Council (ARRC) has been in operation since 1995. It receives its mandate mainly from Chapter 16 (Fish and Wildlife) and Chapter 17 (Forestry) of the Champagne and Aishihik First Nations Final Agreement. The ARRC is located in one of the more heavily utilized areas in Yukon, and is especially active due to the wide variety of projects and processes in the traditional territory with potential impacts on fish, wildlife and habitat.
ARRC works with the Government of Yukon and CAFN and in partnership with other local groups and federal agencies.
ARRC has several priorities:
- implementation of the Strategic Forest Management Plan for the Champagne and Aishihik traditional territory (CATT);
- consulting with the community to hear fish and wildlife concerns, then drafting and implementing wildlife management plans;
- conducting outfitter negotiations as required; and
- meeting with the public through Open Houses, regular public meetings, and one on one in the communities.
Key implementation activities
Some of the Council's most time-consuming endeavors since implementation have been creating management plans with their partners for the CATT. These include the Strategic Forest Management Plan, Dezadeash Lake Management Plan and the CATT Integrated Wildlife Management Plan. Gathering community input is very expensive and challenging; however, the ARRC believes management plans that incorporate community knowledge are more likely to be accepted by the community and better able to achieve sustainable management.
Other implementation activities include trapline reviews, fire-fighting priorities, reviews of water-use and land-use permits, changes to territorial legislation such as the Yukon Wildlife Act, wildlife harvest planning and allocations of total allowable harvest to outfitters and resident hunters.
The Council was also consulted by government on a number of issues and projects, including aquaculture, outfitter land tenure, the Yukon Protected Area Strategy, oil and gas development, access management, live release, timber fuel modification, Aishihik Kluane caribou recovery, bison and wolf management, and regional budget planning. These are examples of the growing demands for time and assistance in decision-making processes.
Dealing with the many issues requiring consultation has been a difficult and time-consuming task. Regular meetings seldom provide enough time to adequately discuss topics and issues and reach decisions. Operating with a single staff member makes it challenging to carry out all the required administrative and operational tasks in addition to researching issues of concern to the Council.
Council efficiency is affected when the Yukon and YFN governments provide differing information and opinions. This results in more time spent by the Council in researching and discussing decisions.
Training is an area of need. It is required to supplement members' knowledge of resource management principles, processes and to assist in interpreting the language of the CAFN Final Agreement.
Computer literacy skills are becoming more important for ARCC members. Some members live 90–160 km away from the main office. Communicating by e-mail and through electronic documents has become a commonplace practice within government.
Funding to the RRCs is inadequate for the large mandate that they are expected to fulfil. The costs of travel, electricity, rent, and heat have risen, but the contribution that the Councils receive since implementation has increased only minimally. To cover these costs, funds are reallocated away from community initiatives, and from projects that the Council carries out to keep the community informed.
Dawson District Renewable Resource Council
A Yukon First Nation Final Agreement provides for the establishment of a Renewable Resource Council in the First Nation's Traditional Territory. These Councils are independent public-interest advisory bodies that make recommendations on matters related to the conservation of fish and wildlife, the establishment of Special Management Areas and management of forest resources.
Members as of March 31, 2007
|name||position||status||appointed by||term expires|
|Linda Taylor||full||Tr'ondëk Hwëch'in||March 31/08|
|Willy Fellers||full||Tr'ondëk Hwëch'in||March 31/07|
|John Flynn||full||Tr'ondëk Hwëch'in||March 31/08|
|Christine Ball||co-chair||full||Government of Yukon||March 31/09|
|Percy Henry||co-chair||alternate||Government of Yukon||March 31/08|
|Dan Reynolds||alternate||Government of Yukon||March 31/08|
|Ryan Peterson||full||Tr'ondëk Hwëch'in||March 31/07|
|Rachel Hunt||full||Government of Yukon||March 31/09|
Community-based Strategic Forest Management Plan
In May 2006, forest management planning was initiated in the Dawson area by Tr'ondëk Hwëch'in (TH) and the Government of Yukon through a Memorandum of Understanding. In January 2007, a planning team was established to begin work on the plan. The DDRRC sits on the planning group as a representative of the Government of Yukon.
Dempster Highway checkpoint station
Under contract with the Government of Yukon, the Council provided administrative support for the management of the checkpoint during the caribou-hunting season. The station provides Yukon Environment with harvest records and information.
In 2004–05, the Dawson District Renewable Resource Council (DDRRC) worked closely with the Tr'ondëk Hwëch'in Lands Department and the Government of Yukon's Forest Planning and Development Branch to establish an interim Wood Supply Plan.
The Council hosted a fur show in Dawson City in 2005 and 2007 to promote the trapping industry. This specifically correlates to objective 18.104.22.168 of the Tr'ondëk Hwëch'in Final Agreement.
Hart River caribou
In 2005–06, the Council continued to be involved in ongoing discussions with the Government of Yukon and TH about developing management options to address local concerns regarding the harvest of Hart River caribou. In 2006–07, the DDRRC proposed a change to zoning in the game management subzones which incorporate the habitat of the Hart River Caribou herd.
In 2004–05, there was a large influx of land applications for rural residential and agricultural use. The Council also reviews land-use applications for mining and the building of access roads. In 2005–06, the DDRRC noted with concern the increasing number of land applications in TH traditional territory. A well-attended information session informed people how they could contribute to the comments process. In that same year, the DDRRC attended community presentations, including a special presentation from the Peel Watershed Land-Use Planning Commission. A similar process is expected to be underway soon in the Dawson area.
In 2005–06, the Council responded to concerns about the rate of harvest of local moose populations in the gold fields area by holding a public meeting, which was well attended.
In 2004–05, the DDRRC and the Yukon Fish and Wildlife Management Board hosted a public meeting in Dawson City to gather input on the effect of off-road vehicles (ORVs) on fish and wildlife and their habitat.
In 2005–06, the DDRRC were members of the steering committee in planning and developing the first annual salmon celebration in the Dawson City area.
In 2005–06, outgoing Executive Director Shelby Jordan attended a land management workshop. New Executive Director Cholena Smart attended a consensus-building workshop in February 2006 and received training from Shelby Jordan and Council members.
In 2003–04, the DDRRC made recommendations pertaining to the allocation of two traplines in the Tr'ondëk Hwëch'in Traditional Territory. In 2004–05, the Council had final Trapline Allocation Criteria and Guidelines to be used in its annual review of new, vacant and under-utilized traplines.
Yukon Environmental and Socioeconomic Assessment Board (YESAB)
Because of the large number of projects, DDRRC did not have the resources to offer the in-depth analysis and examination that it would like to provide. The Council will work with the Dawson YESAB office to improve the current system.
Yukon Queen II
In 2004–05, the DDRRC held meetings on the Yukon Queen II to discuss the possible stranding of salmon fry as a result of the vessel's operations. In 2006–07, the Council participated in one meeting regarding the vessel's impact. Like many of the local bodies represented on the steering committee, the DDRRC is frustrated that a mitigation plan has not yet been produced.
Yukon River restoration and enhancement project
In 2005, the DDRRC received funding for a Salmon Habitat Access Restoration project. The initiative will address the barriers obstructing the movement of salmon fry into their habitat. In 2006–07, the DDRRC received funding from the Yukon River Panel's Restoration and Enhancement Fund. Several students were hired to assist with field work.
In 2004–05, the Council worked throughout the year to update its operating procedures and to start work developing a more consistent approach to personnel management. In 2006–07, the Council drafted and approved a Personnel Policy and Procedures Manual.
The Council also was involved with sheep quotas, changes to the Wildlife Act, the Porcupine and Fortymile caribou herds, YESAA applications, wolf predation, and the Big Game Outfitting Land Application Policy.
Dän Keyi Renewable Resource Council
The Dän Keyi Renewable Resource Council (DKRRC) was established in 2005 as the primary instrument for local renewable resource management in the traditional territory of the Kluane First Nation (KFN). DKRRC, acting in the public interest, makes recommendations to the Minister, KFN, the Yukon Fish and Wildlife Management Board and the Salmon Sub-committee on any matter related to the conservation of fish and wildlife referred to in Chapter 16 of the KFN Final Agreement. Recommendations relate to conservation of fish and wildlife, forest resources management, and proposed special management areas and future management plans.
DKRRC is comprised of eight members including two alternate members. KFN and the Government of Yukon each nominated three members and one alternate.
Members as of March 31, 2007
|Joe Bruneau||co-chair||Government of Yukon|
|Louise Bouvier||member||Government of Yukon|
|George Johnson||alternate member||KFN|
Regular Council meetings
All regular DKRRC meetings are open to the public. The Council posts the agenda in advance to advise the community of the topics to be discussed. The Council held regular meetings the first Tuesday of each month whenever possible. In August and September 2006–07 the Council did not meet as this was a very busy time for the members.
In 2005–06, the Council sent a representative to the meeting held in Whitehorse by the Yukon Fish and Wildlife Management Board regarding shortening the hunting season for moose. Council also met with a representative from YESAB to discuss input into projects being reviewed under YESAA.
Council met with Ruby Range Outfitters and the Government of Yukon to discuss moose quotas for the upcoming hunting seasons. The District Conservation Officer met with the Council to discuss trapline concessions in the KFN Traditional Territory.
In 2005–06, Council met with KFN and Government of Yukon for preliminary discussions on how to spend the money raised from the auction of a sheep-hunting permit in the Kluane Game Sanctuary.
In 2006–07, a Council representative attended a community meeting in Destruction Bay held by the Yukon Placer Secretariat. Participants discussed the new regulatory regime for placer mining.
In 2006–07, Council met with a representative from Ducks Unlimited to discuss the organization's past initiatives and future projects in the area. DKRRC also sent a representative to a meeting to review the guidelines to establish outfitters' quotas.
In 2006–07, the Council sent a representative to the two-day Environmental Forum in Whitehorse. Participants discussed recent trends in inventories, a First Nations' perspectives on inventories and climate change, among other things.
Annual General Workshop
In October 2005, DKRRC sent a representative to the Annual General Workshop (AGW) for Renewable Resource Councils, which was held in Mayo that year. Subsequently, the chair and executive director had a very productive meeting in Whitehorse with their counterparts from the other RRCs to discuss the outcomes of motions made at the AGW. In 2006–07, the DKRRC participated in the AGW in Haines Junction. The workshop provides a valuable opportunity for RRCs to discuss common issues.
In 2006–07, the Council held a community barbecue to receive input on establishing the criteria that will be used in making recommendations to KFN and the Minister of Environment on the allocation of Category 1 and 2 traplines. Council formed a committee to work on the first draft of the trapline criteria for the KFN Traditional Territory. DKRRC hosted a supper meeting for KFN and the trappers with trapping concessions. The meeting gave the First Nation and trappers the opportunity to review and comment on the first draft of the trapline criteria.
In 2005–06, DKRRC distributed a newsletter to all community members in March and June. These provided the community with updates on the Council's activities and informed them of upcoming meetings and events.
In 2005–06, an Executive Director was hired to provide support to the Council.
In 2005–06, the Council worked on developing operating procedures. In 2006–07, the Council completed its operating procedures. DKRRC will review these procedures periodically to ensure they are up to date.
Dispute Resolution Board
The Dispute Resolution Board (DRB) was established in April 1996. The Board provides a comprehensive resolution process to resolve disputes arising from the interpretation, administration or implementation of settlement agreements or settlement legislation. It also facilitates the out-of-court resolution of disputes in a non-adversarial and informal atmosphere.
The DRB is comprised of three members, who are jointly selected by the parties to the UFA; the members select one person to act as chair. The Board is supported by an executive director.
The Board holds monthly meetings; these are carried out by conference call when members are not available in person. Extra meetings are held as required. DRB members are kept up to date by communicating regularly by e-mail and fax as required between meetings.
DRB has established mediation rules and procedures and has developed a roster of mediators. An information brochure was developed and distributed to the parties and First Nations and is available upon request.
At least one member of the DRB attends CYFN general assemblies. DRB has facilitated mediations with satisfactory outcomes for the parties involved.
In February 2005, DRB became responsible for the Enrollment Commission's (EC) records, documents and procedures as outlined in Chapter Three of the UFA. The DRB, working in collaboration with EC staff and Commissioners, has managed any outstanding work of the EC. This arrangement has allowed the DRB to maintain enrollment expertise and provide ongoing assistance in enrollment issues.
During 2006 and 2007 YFN enrollment offices were offered the opportunity to conduct a final file review of their enrollment records and documents; 12 enrollment offices completed this review and two did not. In 2006–07, the records and documents of the EC were in the process of being archived for long-term storage.
Mayo District Renewable Resource Council
The Mayo District Renewable Resource Council (MDRRC) is mandated under the First Nation of Na-Cho Nyak Dun's Final Agreement to be the primary instrument for renewable resource management in the FNNND traditional territory. The Council is made up of six community members: three appointed by the First Nation and three by the Government of Yukon. Each government also appoints an alternate member.
The Council regularly works with the Yukon departments of Environment and Energy, Mines and Resources; the Yukon Water Board, the Porcupine Caribou Management Board, the Salmon Sub-Committee, the Yukon Fish and Wildlife Management Board, the FNNND Lands and Resources Department, and other Yukon renewable resources councils, as well as the Tetlit Gwich'in RRC in Fort McPherson and other organizations.
Members as of March 31, 2007
|name||status||term expires||nominated by|
|Frank Patterson||chair||31 March 2010||FNNND|
|Loralee Johnstone||vice-chair||31 March 2009||Government of Yukon|
|Scott Bolton||member||31 March 2008||Government of Yukon|
|Jimmy Johnny||member||31 March 2009||FNNND|
|vacant||member||—||Government of Yukon|
|Steven Buyck||member||31 March 2008||FNNND|
|Ken Cooper||alternate||31 March 2008||Government of Yukon|
In 2004–05, the MDRRC went through many changes and had to shut down for a time due to a lack of funds. In 2005–06 and 2006–07, the Council held regular meetings twice each month and special meetings as necessary. MDRRC members also attended public meetings, presentations and workshops.
In 2004–05, the Council collaborated with Yukon Forest Management and Client Services to develop a Fuelwood Plan for the Mayo Lake Road. The plan was intended to organise the haphazard cutting of fuelwood and allow for better natural regrowth of the forest. Work continued on this initiative in 2005–2006. In 2004–05 and 2005–06, the Council spent a great deal of time developing a Habitat Protection Area (HPA) for Big Island and U-Slough. These areas are important moose calving grounds and are sensitive to over-hunting. In 2006–07, the Council reviewed the HPA's five-year management plan, as mandated in the UFA.
In 2004–05, MDRRC participated in the Agricultural Policy Review and the Porcupine Caribou Interim Management Plan, and supported the FNNND Lands and Resources Department in establishing salmon spawning channels in the Mayo River.
In February 2005, MDRRC, FNNND, and Yukon Environment conducted a scheduled mid-term review of the community-based Fish and Wildlife Management Plan.
In 2006–07, the Council helped coordinate the Peel Watershed Gathering that took place in Mayo.
In 2004–05, MDRRC recommended the re-allocation of three traplines and allocation of one new trapline. The Council also advertised for and started the Trapper File, a list of qualified trappers. In 2005–06, the Council allocated only one trapline. The Yukon Minister of Environment appealed the RRC's recommendation to the Concession and Compensation Review Board (CCRB), but the CCRB upheld the Council's recommendation. This process took ten months. In 2006–07, the Council did not allocate any traplines. Council members attended a trapping workshop held by the Selkirk RRC.
In 2004–05, only one outfitter quota negotiation was required. Both parties were happy with the process and outcome. In 2005–06, the Council held two outfitter quota negotiations. In 2006–07, one outfitter quota negotiation was carried out.
Land, mining, and water-use applications
In each of the three years, the Council reviewed more than 50 applications, up from eight applications in 2003–04. These required careful scrutiny as to environmental impact and to whether they were within the MDRRC's mandate.
A staff member took an Accounting 120 course through Yukon College's Distance Learning program.
Workshops and seminars
In 2004–05, MDRRC attended the Renewable Resource Council Annual General Workshop, hosted by the Alsek RRC and held in Whitehorse. In 2005–06, the Council hosted the workshop and the newly formed Dän Keyi RRC from Burwash Landing participated for the first time. In 2006–07, the workshop was held in Haines Junction.
In 2004–05, work was carried out on the Devil's Elbow Viewing Platform. In 2005–2006, the platform was completed and an opening celebration was held.
In all three years, the Council supported the Mayo Community Ecological Monitoring Project. The project was initiated by the regional biologist. It records information about berries, insects, small mammals, large mammal populations, weather, and traditional knowledge.
In all three years, the Council worked with FNNND, the Yukon Fish and Wildlife Management Board, the Salmon Sub-Committee, the Porcupine Caribou Management Board, and Yukon Environment.
MDRRC members were part of the committee that hires Community Habitat Stewards. Mayo was still without a steward as of March 31, 2007.
In 2004–05, Council members met with a researcher at Carleton University and four chairpersons from the National Science and Engineering Research Council to discuss scientific research in the Mayo area.
North Yukon Planning Commission
The regional North Yukon Planning Commission (NYPC) is a public body pursuant to the Vuntut Gwitchin First Nation Final Agreement (VGFNFA).
The North Yukon Regional Land-Use Plan is being completed as part of the implementation of the VGFNFA. Chapter 11 of the VGFNFA provides the guiding principles for the North Yukon Regional Land-Use Plan.
The NYPC is composed of six public members: three are nominated by the VGFN and three by the Government of Yukon. As of March 31, 2007, Commission members were Shirlee Frost (Chair), Dennis Frost, Jane Montgomery, Dave Brekke and Marvin Frost.
Major operations of the North Yukon Planning Commission (NYPC) began in the fall of 2004. During the 2004–2005 fiscal year, the Commission focused on issues and information gathering, including Planning Phases 2 and 3 of the NYPC Precise Terms of Reference. During most of the 2005–2006 fiscal period, efforts were focused on a Planning Region Assessment and the development of land-use scenarios for computer simulation models (Planning Phase 4 of the NYPC Precise Terms of Reference). In 2006 and 2007, NYPC focused on Planning Phase 5 (Plan Production) and, in January 2007, submitted its Preliminary Plan Components and Recommendations.
During the 2004–2005 fiscal year, NYPC held four regular Commission meetings, two special meetings and one teleconference call. In 2005–2006, NYPC held two regular Commission meetings and five special meetings, primarily by teleconference. In 2006–07, NYPC held five regular Commission meetings and five special meetings, primarily by teleconference.
During the 2004–05 fiscal year, the Commission co-hosted a Wetlands Information Workshop and a Heritage Information Workshop. The Commission hosted a Fisheries Information Workshop; a Wildlife Information Workshop; and a Wildlife Habitat Suitability Workshop. In 2005–06, NYPC hosted a follow-up meeting to the January 2005 Wildlife Habitat Suitability Workshop; a preliminary Plan Scenarios Workshop in Whitehorse; and a Youth Meeting in Old Crow.
In March 2005, the Commission hosted the North Yukon Planning Region Information Workshop. This full-day forum allowed Commission members and plan partners to discuss results of information gathering and GIS-databases. The workshop provided the framework to develop a Resource Assessment Report.
In October 2004, after six months of consultation, the NYPC completed its Precise Terms of Reference.
In 2004–05, the Commission produced several data products, including a regional bioclimate zone/terrain map; a regional biophysical map; and a wildlife database. In 2005–06, the NYPC made major updates and improvements to the North Yukon biophysical map and worked on its Resource Assessment Report and associated support data. Delays in compiling data meant that the Resource Assessment Report was not completed in the 2005–2006 fiscal year as had been anticipated. In 2006–07, the Commission produced a discussion paper outlining the proposed tools and approaches to be utilized for the North Yukon regional land-use plan; 53 resource assessment maps, covering a range of biophysical, ecological, heritage and economic topics; and photo documentation of human disturbances in the Eagle Plains region.
Meetings and events
The NYPC alternates its meetings and consultations between Old Crow and Whitehorse. In 2005–06, NYPC staff participated in a two-day VGFN land-use planning session in Old Crow; Government of Yukon/VGFN/NYPC Tourism meetings in Whitehorse; and collaborative Porcupine Caribou Herd range and habitat analysis with Canadian Wildlife Service biologists. In 2006–07, the Commission participated in the F.H. Collins High School Career Fair; the North American Caribou Conference in Jasper, Alberta; and, via teleconference, delivered a presentation to the Deh Cho cumulative effects workshop. A number of technical meetings with agency and industry specialists in various disciplines — including oil and gas, minerals, heritage, and wildlife — were also held.
During 2004–05 and 2005–06, the Commission hosted Open House events in Old Crow and Whitehorse. All NYPC members attended the VGFN General Assembly in Old Crow. The Commission also produced two newsletters for distribution to the general public and plan partners. In 2005–06, representatives of the NYPC participated in a range of events, including the Yukon Oil and Gas Best Management Practices Symposium in Whitehorse.
The creation and maintenance of partnerships is a priority for NYPC. Major plan partners include Government of Yukon, Vuntut Gwitchin First Nation, Ducks Unlimited, Canadian Wildlife Service, Parks Canada, Department of Fisheries and Oceans and the Yukon Land-Use Planning Council. There are substantial benefits to this approach, although the amount of time required to develop effective partnerships and carry out joint projects has sometimes been challenging. In the 2005–2006 fiscal period, for example, an extensive amount of staff start-up time was required to coordinate efforts with the Peel Watershed Planning Commission. This coordination resulted in increased planning capacity, enhanced technical support and cost savings for both Commissions.
Old Crow community members and land users in Old Crow have been directly engaged in regional land-use planning. The development of several important regional information databases would not have been possible without the local knowledge of Old Crow community members. NYPC has gathered feedback from the community of Old Crow at key steps throughout the planning process.
North Yukon Renewable Resource Council
The North Yukon Renewable Resource Council (NYRRC) is the primary instrument for renewable resource management in the VGFN Traditional Territory. In order to achieve its mandate, the NYRRC promotes open discussion and public input from the community. All regular RRC meetings are open to the public.
Members as of March 31, 2007
Members as of March 31, 2007 were Robert Bruce Jr. (Chair), Dennis Frost Sr. (Vice Chair), Harvey Kassi, Stanley Njootli Jr., David Charlie, and Peter Frost (Alternate Member).
NYRRC maintains effective working relationships with numerous organizations such as the Porcupine Caribou Management Board, the North Yukon Land-use Planning Commission (NYLUPC), Ducks Unlimited, Yukon Fish and Wildlife Management Board (YFWMB), Parks Canada, Government of Yukon, the Government of the Northwest Territories and VGFN.
Education and training
NYRRC maintains a library of renewable resource materials that is available to the community. In 2004–05, NYRRC hosted a Trapper Training Program on behalf of the Vuntut Hunters and Trappers Association (VHTA). A proposal-writing workshop was held for the youth of Old Crow. In 2005–06, the RRC — in partnership with VGFN and YFWMB — helped organize the second annual climate change workshop. The RRC also hosted a wolf-snaring workshop.
In 2006–07, the NYRRC helped the YFWMB's Community Steward and other local agencies develop the Old Crow Girl's Science Camp. The Council's Executive Director helped the VHTA Coordinator develop a five-year plan. The NYRRC helped facilitate a five-day trapper training course. In 2005–06, and 2006–07, NYRRC had a booth at the Old Crow Careers Fair.
In 2004–05, in a shared initiative between VGFN, Yukon Fish and Wildlife Management Board and NYRRC, a recycling program was initiated for Old Crow. The program continued in 2005–06, helping to reduce the amount of material sent to the town dump.
NYRRC holds regular meetings once a month, or more often if necessary. In 2004–05, NYRRC met with many groups, including the Gwich'in Gathering, the YLUPC and the Vuntut Hunters and Trappers Association. Events in 2005–06 included a round-table forum with David Suzuki and Thomas Berger, and a YESAB orientation session. In 2006–07, meetings were held between the RRC and various stakeholders on issues such as salmon research, climate change and oil and gas development. The Chair attended an oil-and-gas workshop in Calgary.
In 2004–05, three newsletters provided the community with updates on the Council's activities. In 2005–06, the Executive Director visited the school to provide information about climate change.
In 2004–05, NYRRC, along with VGFN and the Government of Yukon, were part of the planning team for the North Yukon Fish and Wildlife Management Plan (NYFWP). NYRRC also participated in preliminary discussions related to a North Richardson Sheep Management Plan. NYRRC has been involved in planning for the Nli'inlii'jik (Fishing Branch) Wilderness Preserve and Habitat Protection Area since the process began in the fall of 2000.
In 2005–06, NYRRC participated in the five-year review of the NYFWP. The Council also continued to meet with Parks Canada to review management issues related to Vuntut National Park.
In 2006–07, NYRRC was involved with numerous planning processes including the North Richardson Sheep Management Plan, Vuntut National Park Management Plan, North Yukon Land-Use Plan, Porcupine Caribou Management Board Harvest Strategy and the Forestry Management plan.
In 2004–05, NYRRC reviewed a land-use application from Devon Canada Corporation for a drill program in the Eagle Plains area. The Council provided recommendations to VGFN on concerns related to spill management, waste disposal, and need for communication.
In 2004–05, three meetings were held to discuss the re-establishment of the VHTA. Projects to support the VHTA included the Trapper Training Program and a trip for elders and youth to Old Crow Flats. In 2006–2007, the RRC provided administrative, logistical and personnel support to the VHTA to draft a five-year plan.
Porcupine Caribou Body-Condition Monitoring
NYRRC provided administrative support for this project for several years. In 2006–07, the project was transferred to VGFN.
In 2004–05, NYRRC supported Ducks Unlimited's five-year conservation plan to study waterfowl populations in wetlands near Old Crow; one Council member volunteered during their aerial surveys.
In 2004–05 and 2005–06, NYRRC presented Vadzaih Choo Drin (Big Caribou Days). It included traditional activities such as caribou skinning as well as games. In 2005–06, NYRRC participated in a clean-up of the Porcupine River. The Council also organised hunting and fishing camps for junior and senior youth, which were very well received.
In 2006–07, NYRRC underwent an audit by the federal government; the organization is in good standing.
Finding guaranteed, affordable office space continues to be a challenge. In addition, the Council's limited budget makes it difficult to carry out its mandate.
Peel Watershed Planning Commission
The Peel Watershed Planning Commission (PWPC) is responsible for developing and recommending a draft regional land use plan for the Peel watershed planning region. Achieving this goal requires managing development at a pace and scale that maintains ecological integrity. The long-term objective is to return all lands to their natural state as development activities are completed.
The Commission is composed of six members. Members are nominated by First Nation of Na-Cho Nyak Dun, the Gwich'in Tribal Council, Government of Yukon/VGFN, Government of Yukon/TH and Government of Yukon (two nominees). Commission members as of March 31, 2007 were Albert Genier (Chair), Marvin Frost, Ray Hayes, Peter J. Kaye, Dave Loeks and Steve Taylor.
In 2004–05, nominations for Commission members were accepted. From October 2004 to February 2005, PWPC focused on start-up activities and organizational matters. Major Commission operations began in spring 2005. In 2005–06, the Issues and Interests Report was released, with a request for comments. In 2006–07, the Commission released a Statement of Intent that reflected its guiding principles and vision for the Peel watershed, and carried out information gathering.
In 2004–05, the annual budget/work plan was approved by the Commission and recommended to the Yukon Land-Use Planning Council. In the 2005–2006 fiscal year, the Commission approved the Policy and Procedures Handbook and the Precise Terms of Reference, which included the three-year work plan. In 2006–07, the Commission reached agreement on a revised schedule for its work plan. It also approved the Memorandum of Understanding with the Yukon Land-Use Planning Council.
In 2004–2005, Commission members and members of the Yukon Land-Use Planning Council attended a two-day orientation session in Whitehorse. Topics included the UFA, a common land-use planning process, and the Commission's roles and responsibilities.
In 2004–2005, the creation and maintenance of partnerships continued to be a priority for the Commission. Effective partnerships and communications with First Nations, Government of Yukon and plan partners was an important contributing factor to successful Commission operations during 2004–2005. The experience of the North Yukon Planning Commission (NYPC) also provided guidance. NYPC and PWPC established common office space and jointly hired administrative and technical staff resources. Substantial time is required to maintain effective partnerships and carry out joint work planning, but the benefits of this approach can be substantial.
In 2004–2005, the three-year work plan was developed. It delineated a process to involve land users in Mayo, Old Crow, Dawson City, Fort McPherson and elsewhere in the Yukon in the regional planning process. In 2005–06 and 2006–07, community and territory-wide consultation sessions took place. Efforts in 2006–07 included a public meeting in Fort McPherson to update community members on the status of the planning process and explain how they could participate.
In an effort to engage all stakeholders, the Commission sought their participation through a variety of media, including direct mail, newspaper advertisements, radio announcements, e-mails, phone calls and public consultation sessions. In 2005–06, PWPC held preliminary consultation meetings with First Nation governments and their lands offices in Mayo and Dawson City. The Commission held public consultation sessions in Mayo, Dawson City, Old Crow, Whitehorse and Fort McPherson. In 2006–07, consultation included a meeting with Ducks Unlimited Canada's Western Canada and Yukon managers to discuss wetlands concerns and a meeting with the Petroleum Engineer/Chief Operations Officer at the Government of Yukon's Oil and Gas Management Branch.
In 2005–06, Commission staff made a presentation to the Tr'ondëk Hwëch'in/Hän Nation General Assembly in Dawson City. Commission members presented at the Gwich'in Tribal Council General Assembly in Inuvik. In 2006–07, consultation included a presentation to the Yukon Outfitters Association; a presentation to the Water Resources Transboundary Working Group; and a presentation to the Regional Renewable Resource Council General Assembly in Tsiigehtchic.
In 2005–06, Commission staff participated in Government of Yukon wildlife and geology field work in the Peel Watershed, with a base camp at Margaret Lake. PWPC staff and Commission members participated in a tour of a mine reclamation project at the Brewery Creek Mine Site. In 2006–07, Commission staff assisted Yukon Environment staff with a Habitat Suitability Workshop in Dawson.
In 2006–07, a revised version of the report, Strategic Overview of Possible Mineral Development Scenarios, Phase 1: Peel River Watershed Planning Region, was released. The Conservation Priorities Assessment: Criteria and Indicators Report, written by the Conservation Technical Advisory Group, was also released.
The development of the plan is complicated by several factors: the size and ecological complexity of the planning region; the numerous information gaps; the variety of land-use interests; and the fact that four adjacent First Nation communities have overlapping interests in the region.
Although the Commission has made progress in information gathering, further achievements have been hindered by the divided resources of PWPC/NYPC staff, the lack of capacity and resources of some plan partners, and the low priority given to this work by some partners. This may have a detrimental effect on the scheduling of the planning process and could potentially diminish the quality of the final draft plan.
Additionally, the strong desire to complete Yukon's first Chapter 11 regional land-use plan as expediently as possible resulted in NYPC receiving a disproportionate amount of staff resources, to the detriment of progress made by the PWPC.
The Salmon Sub-Committee (SSC) of the Yukon Fish and Wildlife Management Board was created in 1993 under the UFA. It is funded by an annual contribution from the Department of Fisheries and Oceans. The sub-committee was established as the main instrument of salmon management in the Yukon. The SSC may make recommendations to the Minister of DFO and to Yukon First Nations on all matters related to salmon, their habitats and management, including legislation, research, policies and programs.
The members of the SSC come from all parts of the Yukon and represent both First Nations and non-First Nations populations. The composition of the Committee is structured to ensure diversity and balance. Its members represent the Yukon Fish and Wildlife Management Board, Fisheries and Oceans Canada, and the First Nations of the Alsek, Porcupine and Yukon river drainage basins.
SSC requested and received staggered membership appointments in order to mitigate the potential impact of a complete membership change.
Timelines were rarely met: timely responses by government to SSC recommendations are needed. The respective roles and responsibilities of SSC and DFO need to be clarified. A three-party presentation is needed on the mandate of the SSC as outlined in the Umbrella Final Agreement s. 28.3.7 and the Umbrella Final Agreement Implementation Plan Annex B, Part 2, Item 3.
Land use/land management
The Committee provided input and recommendations to government departments that carry out activities that could affect salmon habitat (i.e. coal-bed methane exploration and the Government of Yukon's Mining Reclamation Policy). SSC also held discussions with Environment Canada, the Government of Yukon and the City of Whitehorse about concerns over the use of road salt and its potential effects on salmon.
SSC held a public forum on the use of Yukon River Chinook gametes by B.C. net-cage fish farmers. The forum was held to obtain public input into the regular requests by DFO of the SSC on these types of transfers. As a result of the public input it received, SSC developed a policy of opposing such transfers.
The Committee participated in workshops and discussions on DFO's Wild Salmon Policy for Pacific salmon. It also continued to host community meetings for public input into the management of salmon in the Yukon.
Challenges: Renewable resources
Although the SSC, from 2004 to 2007, has requested that DFO address the effects of the Yukon Queen II vessel on Yukon River salmon and their habitat, this issue remains outstanding.
The Committee received presentations from a number of government bodies on monitoring of Yukon's contaminated sites and potential human health effects through accumulation in animals and fish.
SSC organized an annual youth contest throughout Yukon schools with various themes related to salmon awareness. Participation varies from year to year but overall the initiative is very successful. Winners have their work displayed at the Yukon Arts Centre. The Committee also tried to involve First Nations students in the Yukon College Renewable Resource program in job-shadowing the Committee's habitat consultant. This had limited success since students already had a significant workload.
Starting in 2005, SSC received financing in its name through a Contribution Agreement, not through DFO operations.
The SSC faced considerable delays in receiving its operating money at the beginning of each fiscal year. In 2005, the Committee waited six months before receiving its funding; this brought SSC operations to a halt. In addition, a number of requests by SSC and Yukon First Nations for DFO to provide additional support for participation in and observation of proceedings related to the Canada/U.S. Yukon River Salmon Agreement were unsuccessful.
Selkirk Renewable Resource Council
The Selkirk Renewable Resource Council (SRRC) was established in 1998 as the primary instrument for local renewable resource management in the territory of the Selkirk First Nation (SFN). Meetings of the SRRC are open to the public.
Members as of March 31, 2007
|name||status||appointment expires||appointed by||portfolio|
|Alex Joe||March 31, 2007||Selkirk First Nation||elder advisor|
|Dale Bradley||co-chair||March 31, 2007||Government of Yukon||mining|
|David Grennan||alternate||March 31, 2007||Government of Yukon||forestry|
|Robert Van Bibber||alternate||March 31, 2008||Selkirk First Nation||oil and gas|
|Linch Curry||March 31, 2008||Government of Yukon||trapping|
|Daryl Johnnie||March 31, 2008||Selkirk First Nation||oil and gas|
|Jerry Kruse||March 31, 2009||Government of Yukon||forestry/oil and gas|
|Roger Alfred||co-chair||March 31, 2009||Selkirk First Nation||fish and wildlife|
In 2004–05, SRRC surveyed residents of the traditional territory on their views of a recent application for an agricultural lease in the area. The council, working with SFN, was able to have the application turned down.
In 2006–07, SRRC met with a wide range of groups, including the Yukon Fish and Wildlife Management Board, the Kaska Dena Council and the Yukon River Drainage Fisheries Association.
The Council attended many events over the year, including the Trapping and fur show, the Yukon Environmental Forum, and the release of the Northern Mountain Caribou Draft Management Plan.
SRRC continues to monitor the development of policies related to wildlife. Council endeavors to ensure that effective wildlife laws will be developed for all people in its traditional territory. SRRC strives to be a liaison between the government and the people, to encourage people back to the land, and to manage renewable resources for present and future generations.
In 2004–05, the Council held open house events in spring and fall. The fall event had a trapping theme and was set up as a trade show.
In 2005–06, SRRC held an open house to provide information about research on the Macmillan River and plans to establish a Habitat Protection Area (HPA). In February 2006, the Council held an open house to provide information about proposed changes to the Wildlife Act and Species at Risk Act. SRRC also held an open house in Whitehorse to provide information about the proposed HPA.
In 2004–05, the Council worked with SFN Lands and Resources to develop a wildlife management plan for the traditional territory.
In 2005–06, the Fish and Wildlife Management Plan developed by SFN Lands and Resources was accepted by SRRC and the Government of Yukon.
In 2004–05, SRRC worked with SFN to find a way to have the abandoned mine at Britannia Creek cleaned up. SFN took on the responsibility for the project.
In 2005–06, the Council continued to scrutinize the Minto mine project and the Carmacks copper project as they developed.
In 2004–05, SRRC's four priorities were 1) developing a management plan for the Macmillan River area; 2) creating a fish and wildlife management plan for the traditional territory; 3) working together effectively with SFN; and 4) keeping abreast of reclamation and closure plans for the Faro mine.
In 2005–06, SRRC's four priorities were 1) submitting a proposal for the Macmillan River HPA; 2) working together effectively with SFN; 3) creating a yearly harvesting strategy for the traditional territory; and 4) developing a forestry management plan.
In 2006–07, SRRC focused on four priorities: 1) developing a proposal for the Macmillan River HPA; 2) working effectively with SFN; 3) creating a yearly plan for wildlife harvesting within the traditional territory; and 4) developing a land-use plan.
Habitat Protection Area
In 2004–05, SRRC conducted a public survey to gauge the level of support for creating a Habitat Protection Area in the Macmillan River corridor.
Monitoring was cancelled due to extremely low water, and the responsibility for monitoring was turned over to SFN.
In 2005–06, SRRC continued its work on assessing the values of the Macmillan River.
In 2006–07, SRRC concentrated on informing all affected parties about the desire to develop the Macmillan River into a Habitat Protection Area. The Council worked hard to gain the approval of all the FNs that use the area. In January, SRRC met with the Department of Environment to provide research and reports that Council members had completed on the Macmillan River. The area is rich in wildlife and other natural resources and is vitally important in the lives of the SFN people. The Council submitted the HPA proposal to the Department of Environment.
Trapping and outfitting
In 2004–05, SRRC worked on allocating five traplines.
In 2005–06, SRRC approved the renewal of one trapline and worked on a request for a concession held in overlap. SRRC, with the Government of Yukon, met with a local outfitter and came to an agreement about hunting areas and the Ethel Lake caribou herd.
In 2006–07, SRRC worked on a request for a concession held in overlap. The Council successfully allocated the overlapped Registered Trapline Concession to the applicant.
The Council held a well-attended public meeting on trapping in March. The Government of Yukon made several presentations. Government regulations and Selkirk Trapline Allocation Guidelines were reviewed.
Every year SFN hosts a May Gathering to review harvest activity within the traditional territory. The community decides whether a hunting zone needs to be closed. SRRC attends this meeting, helps with decision-making and takes recommendations from the community. People from Carmacks and Mayo also take part, as do students. Each party is given a year to follow up on the community's recommendations.
In 2004–05, the project provided experience for students who were interested in working in the renewable resources field. SRRC, working with SFN and Ducks Unlimited, hired a student for the summer. The project gave the student experience in the renewable resources field and provided information about local waterfowl.
In 2005–06, SRRC hired three students to help with a biologist's survey of the Macmillan River and an analysis of habitat on four creeks. They also carried out a count of waterfowl at Lhutsaw Wetland HPA. The Lhutsaw Wetland stewardship project made use of nesting boxes built by students at Eliza Van Bibber School.
In 2006–07, the program had three components: the Pelly River Sub-basin Stewardship Project; the Lhutsaw Wetland Stewardship; and land-use assessment. The Pelly River sub-basin field notes provided a basis for SFN and SRRC to manage the renewable resources in the traditional territory.
Chum salmon tag recovery
In 2005–06, SRRC partnered with the Yukon River Panel to gather the spaghetti tags from spawned Chum salmon between Minto and Fort Selkirk. The number of returning fish was estimated to be almost triple that of the previous year.
SRRC again worked with the Yukon River Panel to gather the spaghetti tags from spawned Chum salmon between Minto and Fort Selkirk. This will help the Yukon River Panel and the Department of Fisheries and Oceans estimate the size of the Chum spawning migration into Canada.
In 2006–07, given increased costs and increased work loads, it was very difficult to carry out the Council's work with the funds available.
Teslin Renewable Resource Council
The Teslin Renewable Resource Council (TRRC) was established as the primary instrument for local management of renewable resources in the Teslin Tlingit Traditional Territory as set out in the Final Agreement. The Council has ten members: one nominee from each of the five clans of the Teslin Tlingit Council and five nominees of the Minister.
The Council, acting in the public interest and consistent with Chapter 16 of the UFA, may make recommendations to the Minister, the Teslin Tlingit Council, The Yukon Fish and Wildlife Management Board, and the Salmon Sub-Committee on any matter related to the conservation of fish and wildlife and forest management.
Members as of March 31, 2007
|name||status||appointment date||term expires||nominated by|
|Sandy Smarch||chair||April 2005||March 31/10||TTC - Ishkîtàn Clan|
|John Martychuk||June 2005||March 31/10||TTC - Kùkhhittàn Clan|
|Stan Stewart||April 2003||March 31/08||TTC - Deshîtan Clan|
|Tim Dewhurst||April 2004||March 31/09||TTC - Dakhtawêdi Clan|
|Mike Gergel||April 2004||March 31/09||TTC - Yanyèdi Clan|
|Frank Johnstone||April 2003||March 31/08||Government of Yukon|
|Jim Lamberton||May 2006||March 31/11||Government of Yukon|
|Sue Swerda||April 2004||March 31/09||Government of Yukon|
|Neil Johnson||April 2003||March 31/08||Government of Yukon|
|Adam Grinde||vice-chair||April 2004||March 31/09||Government of Yukon|
Fish and Wildlife Management Plan
In 2004–05, the partners of the Integrated Fish and Wildlife Management Plan — TTC, Yukon Environment, and TRRC — met to conduct a review of the plan before it expired. In 2005–06, work began on the development of the 2007–2012 plan, including an information session and a three-day public workshop. In 2006–07, the comments and concerns received were incorporated into the new draft management plan. The partners then discussed plan implementation. The plan was expected to be released during the fiscal year.
In 2004–05, the results of the 2003 moose survey were presented to the Council for use in the development of a renewed fish and wildlife plan. The regional biologist, along with members of the Council, conducted an aerial moose survey over the area known as the Teslin Burn and also surveyed the Nisutlin Delta area. In all three fiscal years, the regional biologist and members of the Council flew over the Deadman Creek area to see where the sheep herd was wintering.
Live-release angling session and community barbecue
At this annual event, the local conservation officer held an information session for Teslin School students and the general public. The session was followed by a community barbeque lunch cooked by members of the Council. In 2006–07, conservation officers also gave a presentation on bear awareness and safety.
Teslin Lake bird-banding station
In 2004–05, a bird-banding pilot project was carried out on Nisutlin Bay. Public education was an important aspect of the project. In 2005–06 and 2006–07, the Council provided funding to the banding station; that year the station was located below the mouth of Ten Mile Creek. Copies of the final report for the 2007 spring season are available at the TRRC Office. Photos from the banding station can be viewed at www.picasaweb.google.com/yukonbanding .
In 2004–05, the Council received funding from the Yukon Fish and Wildlife Enhancement Trust Fund for two signage projects: one on Teslin Lake fish and one on caribou crossing the Alaska Highway. TRRC also began work on interpretive signage for a new parkland area being developed by the local museum.
In 2005–06, the TRRC received funding from the Yukon's Community Development Fund to construct a deck in the park area to display interpretive signage. The Council also worked with the Canadian Wildlife Service to develop interpretive signage for the Nisutlin River Delta National Wildlife Area (NRDNWA). In 2006–07, the NRDNWA signage was installed at the information kiosk overlooking Nisutlin Bay.
Teslin Forest Management Plan
In 2004–05, the final draft of the Teslin Forest Management Plan (FMP) was completed. The FMP was developed under the direction of the Teslin Forest Management Planning Team and included representatives from TRRC. In 2005–06, the final draft of the plan was made available to the public and to special interest groups for review. In 2006–07, the plan was finalized and signed by the TTC and the Government of Yukon.
Proposed change to hunting regulations
In 2006–07, the Council (on behalf of the partners of the Fish and Wildlife Management Plan) submitted a proposal to the Government of Yukon to subdivide the current Game Management Sub-zones in the Red Mountain area. The proposal was put forward due to concern about the possibility of increased traffic in the area. The proposal was accepted and will be implemented by the 2008–09 hunting season.
In 2006–07, members of TRRC continued their involvement with the Southern Lakes Caribou Steering Committee. The Committee, to be renamed the Southern Lakes Wildlife Coordinating Committee, was intended to coordinate the management of moose, caribou, sheep and other wildlife populations as well as the habitats of the Southern Lakes area.
In 2006–07, the TRRC reviewed and amended their trapping guidelines. The amended document was approved by the Department of Environment and came into effect. In the light of upcoming changes to trapping regulations, the Yukon Trappers Association and all the territory's renewable resource councils lobbied the Government of Yukon to implement a fair trap exchange program to reduce the hardship on trappers. Their efforts were unsuccessful.
Training Policy Committee
Under Chapter 28 of the Umbrella Final Agreement, the Training Policy Committee (TPC) and the Yukon Indian People Training Trust (YIPTT) were established to build the capacity of Yukon First Nations to implement their agreements. TPC members and staff work to establish training programs for Yukon First Nations people, assist Yukon First Nations to develop training plans, and establish coordination between governments and Yukon First Nations to ensure that new and existing programs support this training. All Yukon First Nations have allocation funds in the YIPTT and may apply to the TPC to obtain these funds.
Committee members as of March 2007 were Kathy Van Bibber, Sharon A. Peter, Trudy Taylor, David Power and Shandell Kearns (McCarthy).
The Training Policy Committee has struggled to meet its mandate as set out in the Umbrella Final Agreement and the UFA Implementation Plan. This was due to inadequate funding and resources. Because of insufficient funding, TPC finds it difficult to employ staff and complete its action plans. Resources are needed to pursue capacity development and program development for First Nations, and to carry out the other activities that fulfill the committee's mandate.
Work began on the new ten-year work plan. TPC also finalized an amendment to the Indenture Agreement, which allows it to go forward with planned changes to the Investment Policy Statement.
Kwanlin Dün First Nation
Kwanlin Dün First Nation received funds to train heritage resource employees. Training included job shadowing and mentoring.
Ten-year work plan
The TPC held a strategic planning session and finalized its ten-year work plan. The final draft was sent to the Implementation Review Group (IRG) for review. Priorities included maintaining an active and dynamic website as a source of information about training initiatives for Yukon First Nations.
An investment training session was held at CYFN and was well attended by many First Nations people.
Little Salmon/Carmacks First Nation
Little Salmon/Carmacks First Nation's training plan included training in Northern Tutchone language skills; English literacy and communications; personal development for employment readiness; computer skills and basic trades skills.
First Nation of Na-Cho Nyak Dun
First Nation of Na-Cho Nyak Dun's training plan covered computer training, improving basic skills and team relationships. It also included mentoring with the Lands Director and the Heritage Officer.
Yukon First Nation Heritage Group
LSCFN received funding from the YIPTT in partnership with the Yukon First Nation Heritage Group (YFNHG).
In the 2006–07 fiscal year TPC held six meetings. The Committee approved a new Investment Policy and signed a new Indenture Agreement.
Council of Yukon First Nations/First Nation Forestry Program (Yukon)
The Council of Yukon First Nations, in conjunction with all the First Nations, received funding from the YIPTT and from a number of other sources for a project to train First Nations members to build log homes.
Kwanlin Dün First Nation
Kwanlin Dün First Nation received funding but their plans were put on hold.
Ross River Dena Council
Ross River Dena Council, in conjunction with the Selkirk Renewable Resource Council, received funding for the Pelly River Sub-basin Community Stewardship Program.
Selkirk First Nation
Selkirk First Nation received funding for the Pelly River Sub-basin Community Stewardship Program in conjunction with the Selkirk Renewable Resource Council.
Ta'an Kwäch'än Council
Ta'an Kwäch'än Council received funding for a program on adult literacy, life skills and work experience.
Teslin Tlingit Council
Teslin Tlingit Council received funding for three different projects: training for an environmental officer, staff computer training and conflict resolution training.
Yukon First Nation Heritage Group
The Yukon First Nation Heritage Group, in conjunction with the Little Salmon/Carmacks First Nation, received funding for heritage training for First Nations people.
Yukon Environmental and Socio-economic Assessment Board
The Yukon Environmental and Socio-economic Assessment Board (YESAB) is responsible for implementation of the Yukon Environmental and Socio-economic Assessment Act (YESAA) and its regulations. An independent entity, YESAB conducts assessments to ensure that projects are undertaken in a way that results in responsible development without undermining the environmental and social systems of individuals and communities. This is done by mitigating or eliminating significant adverse environmental and socio-economic effects, and by ensuring that sustainability is incorporated in project planning and development.
The Board is comprised of a three-person Executive Committee, one of whom is the chair, and four other Board members. All Board members are appointed by the Minister of Indian Affairs and Northern Development. One member of the Executive Committee is nominated by CYFN and one is appointed by the federal minister after consultation with the territorial minister. The chair is appointed after the federal minister consults with the other two Executive Committee members. Two of the four remaining Board members are nominated by CYFN, one is nominated by the territorial minister, and the fourth is a direct appointment by the federal minister.
YESAB Board members as of March 31, 2007
Board members were Dale Eftoda (Chair and Executive Committee Member), Scott Kent (Executive Committee Member), Stephen Mills (Executive Committee Member), Tara Christie, Dave Keenan, Ross Leef and Carl Sidney.
The Yukon Environmental and Socio-economic Assessment Act
Chapter 12 of the UFA calls for the establishment, through federal legislation, of an assessment process that would apply to all Yukon land: federal, territorial, First Nation and private. CYFN and the Government of Yukon worked with the Government of Canada to establish a development assessment process for the Yukon. The federal legislation establishing this process — the Yukon Environmental and Socio-economic Assessment Act —replaced previous assessment processes. YESAA was given Parliamentary Royal Assent on May 13, 2003.
YESAA provides for a single assessment process that applies throughout the Yukon to all projects, and to federal, territorial and First Nation governments.
The process is designed to be transparent and there are guaranteed provisions for participation by the public and by First Nations. The Act incorporates broad consideration of socio-economic factors as well as traditional and local knowledge. The legislation is intended to provide increased certainty and mandatory time lines for both assessment and decision-making.
Depending on the type, size and complexity of a proposed project, an assessment can take place at one of three levels:
- Designated Office — most assessments are conducted in the six community-based designated offices;
- Executive Committee — the committee assesses larger projects that are submitted to it directly, or are referred by a Designated Office; or
- Panel of the Board — this may be established to assess projects which have potential significant adverse effects, are likely to cause significant public concern, or involve the use of controversial technology.
YESAB held its first meeting on June 18, 2004. In 2004–05, the Board received funds for its establishment and first year of operations through a transfer agreement with Canada. The territory was divided into six assessment districts: Whitehorse, Haines Junction, Teslin, Watson Lake, Mayo and Dawson City. YESAB and YESAA came into full effect on November 28th, 2005.
In 2004–05, YESAB established a comprehensive and interactive web site. In 2006–07, the Board continued to focus on outreach and networking. This outreach gave stakeholders an opportunity to provide the Board with insight into what was working and what needed to be improved.
In 2006–07, in keeping with Section 92 of the Act, the YESAB and the Mackenzie Valley Environmental Impact Review Board developed a formal Cooperation Agreement for transboundary projects along the Yukon/NWT border.
In 2004–05, the Board attended several meetings and conferences, including the Geoscience Conference and a socio-economic assessment workshop sponsored by the Government of Yukon. In 2006–07, these events included the Pembina Institute Oil and Gas Workshop and the Energy Ministers' Conference. The Board also met with many groups and organizations, including Kluane National Park Management Board and the Laberge Renewable Resource Council.
The Board meets frequently with regulators. These meetings provide a valuable forum for participants to learn about the process. The Board also meets regularly with potential proponents of both small and large development projects. This ensures that they know what will be required of them when they go through the assessment process and provides YESAB with notice of upcoming projects.
YESAB on-line registry (YOR)
In 2004–05, development of a public registry began. Board staff and consultants examined systems used by other agencies in order to build an effective system. The two main functions of the YOR are to provide public access to assessment-related documents and to help people submit comments and information.
In 2004–05, Board members upgraded their skills in negotiations, conflict resolution and decision writing. They also attended workshops on the requirements of assessments.
Assessment process development
In 2004–05, developing the Rules of Procedure was a major activity. In 2005–06, guide books were developed to provide instruction, explanation and direction. In 2006–07, tasks included developing standards for mitigative measures.
Transition planning and implementation
In February 2005, the Board and the parties (CYFN and the federal and territorial governments) agreed to hold regular meetings to discuss ongoing activities, and to work together to assist proponents in the transition stage.
YESAB experienced its first full year of conducting assessments in the fiscal year 2006–2007. This put into practice the processes that had been developed for effective environmental and socio-economic assessments.
In 2006–07, the first projects at the Executive Committee level were received: the Carmacks Copper Project and the Carmacks-Stewart/Minto Spur Transmission Project. The Whitehorse assessment district also received YESAB's first application to have traditional knowledge designated confidential.
Project decisions for 2006–07
Two projects were submitted at the level of the Executive Committee. In addition, 268 projects were submitted by designated offices (excluding cancelled or withdrawn projects):
|number of submissions|
Yukon Fish and Wildlife Management Board
Chapter 16 of the UFA recognizes the Yukon Fish and Wildlife Management Board (YFWMB) as "the primary instrument of Fish and Wildlife management in the Yukon." The Board deals with conservation and management of fish, wildlife, habitat and wildlife users on a territory-wide basis.
The Board has 12 members appointed by the Minister of Environment. Six members are nominated by CYFN, six by the Government of Yukon. Members are individuals with a demonstrated commitment to conservation and sustainable use of fish and wildlife resources. They are appointed to the Board for a five-year term.
Since its responsibility lies with issues that affect the entire Yukon, the Board focuses its efforts on territorial policies, legislation and other measures to help guide fish and wildlife management, conserve habitat and enhance the renewable resource economy. The Board does this through public education and by making recommendations to Yukon, federal and First Nations governments. Recommendations and positions are based on the best technical, traditional and local information available.
The Board works in partnership with federal, territorial and First Nations governments as well as Renewable Resource Councils and other UFA Boards and Councils. The Board relies on its partners and the public for technical information, advice and local or traditional knowledge.
Members as of March 31, 2007
Board members were Dan McDiarmid (Chair), Georgina Sydney (Vice Chair), Art Johns, Joe Johnson, Harry Smith, Randall Tetlichi, Shirley Ford, Wayne Hrynuik, Don Hutton, Rebecca Bradford-Andrew and Craig Yakiwchuk.
Yukon Fish and Wildlife Enhancement Trust
Chapter 27 of the UFA establishes the Yukon Fish and Wildlife Enhancement Trust. The objective of the Trust is to restore, enhance and protect fish and wildlife populations and their habitat in the Yukon. Decisions regarding the distribution of project funding are made by consensus among the Trustees. These Trustees also act as the Board of Directors for the YFWMB, although the Trust and the Board are separate entities.
Due to poor investment returns and lack of investment in 2004–05 and 2005–06, the Trustees did not hold an annual call for proposals in those years. A new company was hired in the fourth quarter of 2005–06 to handle the Trust's investment portfolio. The Trust hired a new manager in December 2006. Since then, the Trust has also revised its operational procedures and application guidelines and updated its investment and spending policies. At the end of the 2006–07 fiscal year the future of the Trust was secure, and the Board earmarked $160,000 for project funding for the 2007–08 fiscal year.
Government of Yukon
The Board's first priority in 2005–06 was to improve its relationship with the Minister of Environment, which would enable it to move forward in its work. In 2006–07, the YFWMB aimed to have meetings with the Minister of Environment that opened communication, built rapport and established trust.
In 2004–05, the Board supported and facilitated public involvement in the Community Stewardship Program and the Game Guardians program. Community Stewards are responsible for the conservation of salmon, freshwater fish, waterfowl, and other wildlife and habitat through community participation in locally driven projects. They work closely with renewable resource councils, First Nations, regional biologists, community groups and individuals, and the YFWMB Stewardship Coordinator.
Support of renewable resource councils
In 2004–05, the Board worked toward developing stronger relationships with renewable resource councils (RRCs) in an effort to assist them in meeting their mandates. Because the Board and Councils face many of the same issues, it is important for their working relationships to be effective. In November 2004, the Board and the Alsek RRC hosted the two-day RRC Annual General Meeting. Participants discussed outfitter quota guidelines, trapping, and community management areas and apprised each other of their progress and challenges. In November 2005, the Board attended the RRC Annual General Meeting in Mayo and helped to plan the meeting. The Board's chair and vice chair tried to visit all RRCs at least once during 2005–06.
In 2004–05, the Board assisted in the establishment of one habitat protection area. It continued to push for Ministerial commitment to management of use of off-road vehicles in the Yukon. In 2005–06, the Board continued to promote the use of Community Management Areas as a tool for habitat protection. In 2006–07, the YFWMB worked towards ensuring that there is adequate legislation for the protection and enhancement of fish and wildlife habitat.
In 2004–05, the Board promoted the development of a management plan for the 40 Mile caribou herd. It also supported and monitored the recovery project for the Chisana caribou herd.
In 2004–05, the Board supported the development of a recovery program and management plan for moose in the Southern Lakes area. In 2005–06, the Board held discussions and shared information on moose management; in late July 2005, the Board met with RRC chairs to discuss moose harvesting.
In 2006–07, the YFWMB worked towards the development of a comprehensive harvest regime. The Board also encouraged the development and use of ground-based monitoring techniques and traditional knowledge. The YFWMB started work on organizing a second conference on traditional knowledge.
Ownership of wildlife
In 2005–06, the Board participated in a working group with the Government of Yukon and the Game Growers Association to develop a resolution to this issue that was fair to all interested parties.
In 2004–05, the Board continued to support the Trapping Steering Committee. In 2005–06, the Board supported the development of a Yukon Fur Strategy and supported a film about trappers.
Legislation and regulations
In the fall of 2004, the YFWMB was advised by Yukon Environment that no regulation changes to the Wildlife Act would be contemplated prior to the end of the spring 2005 legislative session. The Board regretted this interruption of its normal duties.
In 2005–06, the Board examined several proposed changes to regulations under the Yukon Wildlife Act relating to small game and game birds; big game and outfitting.
The Board's calendar has become a key communications tool, being widely distributed and very popular. In 2005–06, the Board produced radio ads and a brochure to promote correct live-release fishing practices.
Yukon Geographical Place Names Board
Summary of activities
Since 1996, the Yukon Geographical Place Names Board has shared with CYFN the costs of a place-name documentation project that visually records Yukon sites and features.
The Board launched its web site in January 2005. The site informs the public about the rich culture and history that is reflected in the Yukon's place names. The site also provides information about the place-naming process, provides photographs of named places and sound files of place names spoken in the Southern Tutchone and Hän languages.
Since 1996, the Board has received approximately 220 place-name applications, reviewed them and made recommendations to the Yukon Minister of Tourism and Culture.
The Board faced a backlog of place-name applications.
Yukon Heritage Resources Board
The Yukon Heritage Resources Board (YHRB) was established in 1995 in accordance with Chapter 13 of Yukon First Nation Final Agreements. YHRB has ten members from throughout the Yukon; Board members serve three-year terms.
Under the Final Agreements, the Board may make recommendations to the Minister and to Yukon First Nations regarding the management of Moveable Heritage Resources and Heritage Sites. Under the Historic Resources Act, the Board advises the Minister on policies and guidelines for the designation of historic sites and for the care and custody of historic objects, making regulations under the Act and on the use of the Yukon Historic Resources Fund (YHRF).
The mandate of the Yukon Heritage Resources Board is to provide advice to governments on issues that affect the territory's heritage resources. Board members work with a variety of groups and individuals across the territory and nationally to fulfil this mandate.
Members as of March 31, 2007
Board members were Ingrid Johnson (Chair), Patricia Cunning (Vice-Chair), Carl Sidney, Ron Chambers, Joyce Armstrong, Bob Munroe, Carolyn Allen, Sharon A. Peter, André Bourcier and Diane Strand.
In 2004–05, the Board attended the commemoration ceremony for the designation of the first Yukon Historic Site, the Mabel McIntyre House in Mayo. The Board co-hosted the opening reception for Alaska Anthropological Association delegates and co-sponsored the Yukon Regional Historica Fair. YHRB recommended the designation of two buildings as Yukon Historic Sites and projects under the YHRF. The Board continued to provide advice to the Yukon Heritage Training Fund and to review the draft Yukon-wide Yukon Museum Strategy policy.
In 2005–06, the Board travelled to Dawson City to attend the designation commemoration ceremonies of two Yukon Historic Sites, review preservation work by Yukon and Tr'ondëk Hwëch'in at Forty Mile, and host an Open House. The Board was involved in a number of language activities. YHRB hired a strategic planning consultant and consulted with more than 50 stakeholders to help define important activities. Board members attended the Heritage Sector meeting hosted by Canadian Heritage and the National Gathering in Yellowknife at the invitation of Canadian Heritage.
In 2006–07, members attended the signing of the Forty Mile Management Plan at the site. YHRB held its annual community Board meeting in Watson Lake, where it hosted an Open House, toured local sites and met with local government representatives. YHRB recommended designation of the Caribou Hotel in Carcross and the Legion Hall in Mayo. Board members acted as session chairs at the Yukon Historical and Museums Association's research symposium, "Discovering Northern Gold." YHRB sat as ex-officio member on the newly formed Museum Advisory Committee. The Board also launched a website.
In 2004–05, YHRB started to develop an orientation package for new Board members and developed terms of references for Board committees. In 2005–06, the Board hired a consultant to assist with strategic planning. In 2006–07, YHRB adopted the strategic plan and met with Government of Yukon representatives to better understand the role of government departments responsible for the preservation of Yukon's heritage resources.
With a one-person office, it was difficult to carry out all the tasks under the YHRB mandate. It was also challenging to develop and maintain a relationship with all the parties to the agreements. It was unclear who was responsible for training new Board members.
Heritage and culture
In 2004–05, YHRB made recommendations to the Yukon Minister of Tourism and Culture on the Yukon Museum Strategy; the Yukon Historic Resources Fund; and designation of the Yukon Saw Mill Company Office and Dawson Telegraph Office as Yukon Historic Sites. The Board also made recommendations to the federal Minister of Environment on the Historic Places Initiative. Board members attended a workshop on access to genetic resources and a forum on First Nations Heritage and Cultural Arts.
In 2005–06, YHRB made several recommendations to the Yukon Minister of Tourism and Culture:
- that the YHRF be used only for traditional language projects;
- that an implementation plan and review process be developed for the Yukon Museum Strategy; and
- that management of Yukon Historic Sites be guided by the Standards and Guidelines for the Conservation of Historic Places in Canada.
In 2006–07, YHRB initiated work on developing rules for determining ownership of heritage resources in dispute and attended the National First Nation Languages Conference in Winnipeg.
The Board needed to be cognizant of issues and recognized within a diverse and increasingly important heritage sector. YHRB wishes to do more to foster opportunities to heighten public awareness and appreciation of Yukon heritage resources.
In all three years, YHRB continued to meet the financial obligations set out in its Contribution Agreement with Yukon, including timely submission of budgets and audited financial statements. In 2005–06, YHRB and Yukon agreed on a process to expedite delivery of contribution funds.
In 2004–05, delays arose because of uncertainty regarding funding from Canada due to the expiry of the ten-year agreement.
Yukon Land-Use Planning Council
The Yukon Land-Use Planning Council (YLUPC) advocates land-use planning as a comprehensive means of addressing cultural, social, economic and environmental sustainability. The Council promotes an open, fair and public process that involves all Yukoners, as set out in Yukon First Nation Final Agreements. The YLUPC and the regional planning commissions continue to make progress in implementing Chapter 11 of the Final Agreements.
Other planning bodies
The Council provided administrative support to the North Yukon Planning Commission (NYPC) and developed a formal Memorandum of Understanding with them. The Teslin Regional Planning Commission (TRPC) chose to operate in a more independent manner; however, the Council did attempt to assist it through a period of internal operating difficulties.
Peel Watershed Planning Commission
The Council prepared the Peel Region for the creation of the Peel Watershed Planning Commission (PWPC) and provided administrative assistance to the Commission after it was established.
Since the Carcross/Tagish First Nation did not ratify their land claim agreement it was not possible to establish the Dakh Ka planning region. Similarly, the development of the Northern Tutchone Planning Region's General Terms of Reference is dependant on the Northern Tutchone First Nations (First Nation of Na-Cho Nyak Dun, Little Salmon/Carmacks First Nation and Selkirk First Nation) reaching an agreement on an acceptable planning boundary in the areas of overlap with the surrounding self-governing First Nations (Kluane First Nation, Champagne and Aishihik First Nations, Tr'ondëk Hwëch'in, Kwanlin Dün First Nation and Ta'an Kwäch'än Council); this has not yet happened.
Yukon Environmental and Socio-economic Assessment process
The Council sought to clarify the relationship between the land-use planning process and the procedures associated with the Yukon Environmental and Socio-economic Assessment Act (YESAA).
The Council undertook steps to communicate the provisions of Chapter 11 to First Nations and the general public.
Administering funds to planning commissions
The Council transferred funds to the North Yukon Planning Commission, Peel Watershed Planning Commission and Teslin Regional Planning Commission. The Council assumed the responsibility for the TRPC's administration from August 1, 2004 to April 1, 2005.
Content of land-use plans
The Council produced a generic table of contents for a regional plan that outlined the expected sections and sub-sections of plans produced through the implementation of Chapter 11.
Land designation system
The Council recommended that an outline of a land designation system be added to all future general terms of references for planning commissions.
Next nine-year implementation period
Since the Implementation Review Group did not finish its nine-year review during the fiscal year, the Council was not required to undertake any work related to this topic.
Integrating regional land-use plans and development assessment
The Council recommended that the Commissions provide no input into the land-use assessment process during their start-up phase but gradually increase their level of input as they advance through the production of a draft plan.
Utilizing resource assessments
The Council's staff worked extensively with a regional modeling tool entitled ALCES in support of the NYPC.
Land-use planning policy development and priorities
Work focused on improving the general terms of reference of planning commissions. The Council's staff identified six potential areas for improvement and prepared a summary for the Government of Yukon and Tr'ondëk Hwëch'in (Dawson Region).
Assisting the NYPC and PWPC
Memoranda of Understanding with these planning bodies defined the roles and responsibilities of each organization and helped all three groups to work together more efficiently. The Council also provided additional assistance to the PWPC not identified in the original work plan.
Regional plan approval process
The Council and its staff developed a series of recommended actions with respect to the NYPC approval process.
Plan implementation framework
Recognizing that implementation of the North Yukon Regional Land-Use Plan will require commitments by the Government of Yukon, Vuntut Gwitchin First Nation, UFA Boards and Committees and, possibly, Canada, the Council began work on preparing for plan implementation. The Council requested that the Yukon Minister of Energy, Mines and Resources clarify the government's expectations with respect to plan implementation.
Regional land designation system
The Council will assess whether it is appropriate to apply the three-tier land designation system utilized by NYPC in other regions.
Next ten-year implementation period
The Council's staff met twice with Canada (one meeting included the Government of Yukon) about Chapter 11 implementation issues. Topics discussed included funding arrangements, plan production and system capacity.
Modeling regional change
The Council's Information Technologist and Planning Advisor assisted the NYPC with the use of the ALCES modelling tool. The Council's newsletter contained an article on the use of models in regional planning.
Establishing additional planning commissions
The Council hosted a series of meetings with Tr'ondëk Hwëch'in and the Government of Yukon that examined the challenges associated with establishing a planning commission for the Dawson region. Carcross/Tagish First Nation (CTFN) approached the Council about establishing a sub-regional and district plan in their traditional territory. The Council recommended that CTFN work with Teslin Tlingit Council and the Government of Yukon to establish the Dakh Ka planning region (covering Teslin Tlingit Council and Champagne and Aishihik First Nations).
Assistance to existing planning commissions
The Council was asked by NYPC and PWPC to provide a number of support services involving financial administration, facilitation of meetings, staffing, employee training and Geographic Information System (GIS) support.
Yukon Surface Rights Board
The primary task of the Yukon Surface Rights Board (YSRB) is to resolve access disputes between those who own or have an interest in land (surface rights holders) and those with access rights to the land. YSRB is intended to be the last means of resolving disputes. Applicants must attempt to resolve their disputes through negotiation before they apply to the Board for an order. If the parties fail to resolve their dispute, either party may submit an application to the Board for consideration.
The Board's jurisdiction is derived from several statutes but primarily from the Yukon Surface Rights Board Act (Canada). The Act was drafted to reflect the principles established in Chapter 8 of the Umbrella Final Agreement. Pursuant to this Act the Board can hear and render binding decisions regarding surface rights disputes that fall within its jurisdiction.
The Board offers mediation and, failing mediation, conducts formal hearings on disputes related to several subjects, including access to or across First Nation Settlement Lands for personal, commercial and other purposes; and compensation for activities occurring on quartz and placer claims.
Members as of March 31, 2007
YSRB can have up to ten members and a chairperson. Half of the Board members are nominated by CYFN, half by the Government of Canada. Federal government nominations are made in consultation with the Government of Yukon. The chairperson is recommended by the Board members and appointed by the Minister of Indian and Northern Affairs Canada. Since the Act came into force, the Board has had a maximum of four members and a chairperson.
As of March 31, 2007, the YSRB chairperson was Stephen J. Mills. Board members nominated by CYFN were Brian MacDonald and Mark Eikland; Bruce Underhill and Isaac Wood were nominated by the federal government.
Surface rights refer to the rights and/or interests associated with the surface of the land:
- rights as land owners ("fee simple" title);
- rights of those with an interest in the surface of the land (i.e. lease holders); and
- rights to have access to or use of the surface of land (i.e. trappers and other commercial and non-commercial users of land).
Subsurface rights refer to the rights associated with resources, such as minerals and oil and gas, which lie below the surface of the land. Most private land-owners have "fee simple" title to their land which typically does not include subsurface rights.
First Nations have both surface and subsurface rights on Category A Settlement Lands. On Category B Settlement Lands, they have only surface rights; subsurface rights on Category B lands belong to the Crown.
Applications to the Board
In 2004/05, 2005/06 and 2006/07, two Board application files remained open by request while the parties to the dispute pursued resolutions through private negotiations.
The issues that come before YSRB are complex and require Board members to have a broad understanding of a wide range of issues, including First Nation Final Agreements and their respective implementation plans. Board staff and members participate in relevant training and conferences.
First Nations, community and industry relations
Listings of the Board's public records can be obtained from the YSRB office or website (www.yukonsurfacerights.com ).
The Board maintained an office in Whitehorse, updated its web site, produced and distributed an annual report and attended public functions and meetings.
The Board attended pipeline and railroad information forums, the Yukon Geoscience Forum, Dawson City Gold Show, and the B.C. and Yukon Chamber of Mines Cordilleran Geology and Exploration Roundup.
First Nations relations
YSRB was available upon request to visit First Nations to provide information and guidance about its legislation and procedures. The Board provides all Yukon First Nations and UFA Boards and Councils with a copy of its annual report and includes them on its mailing list.
The Board kept in contact with First Nations, territorial, federal and municipal governments. This often required attending workshops. The Board also filed obligatory reports to its federal funding Department and to the federal Access to Information and Privacy Commissioners.
Participation in related initiatives
YSRB initiated an in-depth revision of its bylaws. It also started production of a user guide for the general public. The Board continued to assist with ongoing training development for tribunals in the Yukon in conjunction with Yukon College.
Government of Yukon
Department of Community Services
Community Infrastructure Branch
Projects will sometimes trigger Yukon Asset Construction Agreements or are funded partially through federal sources such as the Canada Strategic Infrastructure Fund, which often have First Nations partners.
Community and Land Planning Branch
A one-year term position to March 31, 2007 for a land-use planner was supported by capital funding.
A joint planning structure in respect of the settlement land described in App. A and adjacent Non-Settlement Land was developed with Tr'ondëk Hwëch'in in West Dawson.
Assessment and Taxation Branch
The Assessment and Taxation Branch applies for funding each year based on work related to implementation. Under Chapter 21 of First Nation Final Agreements and Chapter 14 of the Self-government Agreement, all lands, after Final Agreements, are assessed through identification, valuation, reconciliation, set up/input and production of assessment roll and annual maintenance costs. Property taxes are calculated through identification of property tax forgiveness, reconciliation, set up of taxable/exempt status, development of Home Owner Grant (HOG) status, estimation of taxes net HOG, production of a tax roll, annual maintenance, and the properties are placed on the assessment roll.
Yukon Liquor Corporation
Yukon Liquor Corporation absorbed the costs for staff time related to the Selkirk Liquor Act and various projects.
Community Affairs Branch
The Branch absorbed the cost of a community advisor who facilitated coordinated governance and shared service delivery by Yukon First Nations and municipal government.
Forest fire management contracts with nine First Nations were agreed to and fulfilled.
Department of Economic Development
A regional economic development plan and economic opportunities plan were drafted for Tr'ondëk Hwëch'in, as outlined in Chapter 22 of the Tr'ondëk Hwëch'in Final Agreement. This included development of a project charter, statement of work and detailed work plan. It also included forming committees for project oversight and project management; the City of Dawson is an ex-officio member of the oversight committee.
Work began on the first two phases: a high-level social, demographic and economic scan of the economy in TH traditional territory; and an assessment of the potential for development in the sectors of communication, culture, transportation, agriculture, energy, renewable and non-renewable resources and tourism in TH traditional territory. Final reports on these first two phases are expected March 31, 2008.
This is the first of these plans to be developed under the First Nation Final Agreement; because of this, the process for moving forward took some time to develop. The commencement of the first stages of the plan development has, however, created momentum.
Department of Energy, Mines and Resources
Tenure and management of settlement land
Energy, Mines and Resources (EMR) continued to be involved in implementing land-related implementation activities pursuant to the Final Agreements at a level that reflected the Yukon's new resource management responsibilities. The Department participated as the Yukon member on the Settlement Land Committee and provided the Government of Yukon's input on survey priorities.
EMR provided technical assistance to Natural Resources Canada to facilitate the completion of survey programs for Carcross/Tagish First Nation, Ta'an Kwäch'än Council, Kwanlin Dün First Nation and Kluane First Nation. With the Land Claims Implementation Secretariat (LCIS) and Environment, EMR continued to maintain and monitor Orders-in-Council for Special Management Areas and heritage sites as per the Final Agreements. Also with LCIS, EMR assisted with maintaining the interim withdrawals required for proposed site-specific settlement land and interim withdrawals for lands under negotiation.
The Department maintained the prohibition and withdrawal orders required pursuant to the Inuvialuit Final Agreement and Vuntut Gwitchin First Nation Final Agreement for the North Slope and Old Crow Flats.
EMR continued to administer renewals or replacements of encumbering rights as per Section 5.6.9 of the Final Agreements. It finalized and planned for implementation of an MOU on Proposed Site-Specific Settlement Land to resolve anomalies in settlement land surveys.
The Department participated in land exchange discussions with affected Yukon First Nations. It also facilitated raising of joint title (YFN and Government of Yukon) on designated heritage sites.
Special Management Areas
EMR continued to support implementation activities relating to Special Management Areas (SMAs) under Chapter 10 of the Final Agreements:
- The management plans for Ddhaw Ghro SMA and Nordenskiold Wetland HPA have been completed and await final approvals, which are expected in 2008.
- The Department participated on the Government of Yukon team to review the management plan for Tombstone Park and began to resolve outstanding issues.
- EMR participated on the Government of Yukon team to resolve outstanding issues relating to the management plan for Fishing Branch SMA.
- The management plan for Old Crow Flats SMA has been approved by the Parties, with residual work to be completed on plan implementation requirements, such as Orders-in-Council to withdraw subsurface resources.
- Lhutsaw Wetland was designated as a habitat protection area in 2007.
- The prohibition order for Horseshoe Slough HPA remains in place. The five-year review was completed and approved by government in 2007.
- Work is pending for the Pickhandle Lakes HPA and Asi Keyi Natural Environment Park.
After devolution on April 1, 2003, EMR took over responsibility for reviewing and approving Council and Commission annual budgets. The Minister of Energy, Mines and Resources also took over responsibility from the Minister of INAC for appointing new members to the Yukon Land-Use Planning Council (YLUPC).
The Teslin Regional Land-Use Planning Commission conducted data gathering, compiled issues, and wrote a strategic direction document.
EMR supported the North Yukon Planning Commission by providing land and resource information, spatial data compilation, resource potential analyses, and by reviewing the Commission's Precise Terms of Reference.
The Department and YLUPC worked together to prepare a terms of reference and start-up strategy for the Peel Watershed Planning Region. EMR initiated a consensus-based process with the affected FNs for nominating and appointing members to the Commission.
Discussions continued with the relevant Yukon First Nations on the establishment of a regional land-use planning commission for the Northern Tutchone Council area. The main outstanding issue is the determination of a boundary for the planning region.
Other EMR projects supporting regional land-use planning included budget approvals, funding agreements, Council/Commission appointments, nine-year land claims implementation review, development of planning process coordination and presentations at planning workshops.
Trapper compensation process
EMR and Environment continued to work together on a trapper compensation process as required by Section 16.11.13 of the Final Agreements. Consultation materials, with scope and principles for a draft process, are being developed.
EMR continued consultation with RRCs and YFNs on a discussion paper on a forest policy framework.
EMR's Forest Management Branch undertook and completed consultation with YFNs on the order of forest management plans pursuant to Final Agreements Section 17.5.3.
The Department continued to work with the Alsek and Teslin RRCs to complete forest management planning processes for the Haines Junction and Teslin areas.
EMR continued to work on the collection and development of the Yukon forest inventory. The Department undertook work in the North Yukon around Old Crow, Mayo and Dawson. Inventory mapping data was provided to Mayo, Dawson and Old Crow RRCs.
The Forest Management Branch worked with FNs on developing planning areas for small-volume timber harvest in the Whitehorse, Dawson, Mayo and Old Crow regions.
Resource royalty sharing
The Government of Yukon disburses Crown royalties pursuant to Chapter 23 of the Final Agreements. Crown royalty revenue is disbursed annually to self-governing Yukon First Nations.
Consultation and communication protocols
EMR continued to implement the requirements of the consultation protocols signed in October 2003 by Yukon and eight self-governing Yukon First Nations.
The Department also continued to apply the Communication Protocol between the Gwich'in Tribal Council and INAC (Yukon Region) when required. This is an ongoing devolution obligation in the Devolution Transfer Agreement.
Department of Environment
Chapter 10/special management areas and habitat protection areas
A management plan for the Ddhaw Ghro Habitat Protection Area (HPA) was completed by the Steering Committee and submitted to the Parties. Management plans were completed for the Nordenskiold HPA, Lhutsaw Wetland HPA and the Old Crow Flats Special Management Area (SMA). A five-year review of the management plan for the Horseshoe Slough HPA was completed.
Challenges: special management areas and habitat protection areas
There was no funding to conduct the reviews required by management plans or to do the assessments to develop them. There was also no funding to implement plans. First Nations look to Government of Yukon for implementation funds to cover these costs.
Chapter 16/Trapline administration
The Department developed and shared trapping concession maps and provided information to RRCs and FNs to support a register of Category 1 and 2 traplines. It also helped RRCs develop and review their criteria for trapline allocation.
Challenges: Trapline administration
Trapline allocation continued to be a complex undertaking for all parties. RRCs had difficulty separating traplines from traditional family areas. Traplines that overlap two or more traditional territories are a particular challenge.
The Southern Lakes Wildlife Coordinating Committee established and approved terms of reference and operating procedures. The Forty Mile Caribou Working Group was re-established in 2007.
Challenges: Habitat implementation
First Nations look to Government of Yukon for implementation funds to cover the cost of these processes.
Freshwater fish assessments and management planning
The Government of Yukon provided funding to Kwanlin Dün First Nation to review the freshwater fish needs of members within their traditional territory. It also worked with Selkirk First Nation to discuss past fisheries assessments within their traditional territory. A review of Tatla Mun Management Plan was planned for March 2007. Work with the Little Salmon/Carmacks First Nation continued to investigate the perceived decline in numbers of whitefish in Braeburn Lake.
Challenges: Freshwater fish assessments
Staff turnover at SFN put meetings and decisions behind schedule, and it was difficult in general to arrange meetings with FNs due to their busy schedules. It was also challenging to engage FNs in processes, due primarily to lack of capacity and time.
Regional fish and wildlife operations
The Department continued to staff regional biologists in four districts that cover all settled claim areas. These biologists provide information to RRCs and FNs, assist FN staff and help with program development
Challenges: Regional fish and wildlife operations
The number of RRC meetings in each community in the region taxed staff time. Staff turnover in some FNs hindered program continuity and relationship building.
The Department received federal funding to help support duties related to the transition to federal legislation (YESAA). Once YESAA was in place, the position assisted with ongoing staff training and development of information materials.
A working group was established for Yukon River watershed management. Participants to date include Yukon, Canada and Ta'an Kwäch'än Council.
First Nations Liaison Conservation Officer
Partially funded through land claims implementation funding, this became a permanent indeterminate position. Duties focus on the successful implementation of various fish and wildlife harvesting responsibilities. This activity supported a more holistic approach to the vision of a coordinated approach to land claims implementation.
Challenges: First Nations Liaison Conservation Officer
Some salary and all operational costs continued to be paid by the Department.
The Department provided ongoing land-claims-related training of Conservation Officers (COs) and Customer Services Representatives. CO duties included providing support to various Boards and Councils at the community level and investigating complaints involving beneficiaries hunting or fishing outside of traditional territories.
Challenges: Conservation Officers
Responsibilities and costs have escalated as a result of implementation and continued to be absorbed within budgets and staffing levels that do not reflect the increased demands.
Changes were collaboratively made with Vuntut Gwitchin First Nation to the management plan for the Fishing Branch Ecological Reserve and Settlement Lands to allow for First Nation commercial bear-viewing operations. The jointly developed park management plan for the Fishing Branch Wilderness Preserve was approved and implemented. A three-year partnership began with Yukon Public Service Commission and Tr'ondëk Hwëch'in to train and qualify a TH citizen as a Tombstone park ranger. Discussions began with TH to complete the management plan for Tombstone Territorial Park. Research and planning continued with VGFN to prepare for commercial grizzly bear viewing at the Fishing Branch Ecological Reserve. Discussions began with TH on the design of the Tombstone Visitor Reception Centre, and with TH and Holland America on interpretation activities in Tombstone Territorial Park.
Department staff provided background material to the Dän Keyi RRC, established in January 2005 under the Kluane First Nation Final Agreement. The Department provided annual funds to RRCs and the Yukon Fish and Wildlife Management Board and supported their nomination and appointment processes.
The Department continued to produce maps of First Nations' traditional territories. It also provided contact information to the public about harvesting rights and land-claims obligations.
Department of Health and Social Services
The implementation activities of the Department of Health and Social Services (H&SS) flow from responsibilities set out in the First Nation Final Agreements. The Department's main activities support negotiations of the Program and Services Transfer Agreement (PSTA) and Administration of Justice protocol.
PSTA negotiations on the transfer of social assistance were completed during the report period. The Parties also signed a reciprocal billing arrangement so that blended families can receive service through one government's agency. Meetings are held twice a year among all parties and observers to ensure that matters related to service delivery are resolved in a timely fashion.
PSTA negotiations have focused on the delivery of Alcohol and Drug Services. Negotiations on the delivery of Home Care Services were discontinued as First Nations focused on the transfer of the Federal Home and Community Care program. The Parties agreed upon a schedule for assumption of drug and alcohol services that will carry over into 2008.
H&SS is responsible for youth justice and has participated in negotiation of the Teslin Tlingit Council Administration of Justice Agreement (TTC AJA). Although the Yukon's Department of Justice leads these negotiations, H&SS participates as a member of the Yukon team. The TTC AJA was initialled in 2002; since then, H&SS has participated with Justice to develop the AJA's Implementation Plan. During 2004 and 2005 the parties met regularly to ascertain the resources required to implement the agreement and other elements of the implementation plan. In August 2005, Canada tabled a financial offer. Negotiations throughout 2006 focused on this offer. In 2007, Canada adjusted the offer, which was discussed and eventually accepted by TTC. H&SS participated in most of these negotiations and in implementation discussions.
Throughout 2004–07, the Department also provided information and policy support to the Yukon's Department of Justice for exploratory discussions with other First Nations on AJA issues and the development of framework agreements.
Department of Highways and Public Works
Land use/land management
The Department of Highways and Public Works (HPW) worked to meet its implementation requirements through activities such as closure of old road rights of way on settlement land.
HPW found it challenging to obtain adequate information in terms of mapping and legal descriptions of road rights of way.
The Department met its obligations for consultation with First Nations on economic opportunities, including employment and training. It also met its obligations for providing economic opportunities in contracting. In addition, HPW provided information on public tenders to First Nations.
HPW staff require more assistance regarding the requirements of land claims implementation.
Highway Maintenance Training Program
The Government of Yukon is committed to skill development for Yukon First Nation citizens. In 2006–07, HPW received approval for funding for training under the Northern Strategy Trust Fund. This training program is now underway:
- to date, 27 First Nations people have been provided with training:
- 19 trainees were successful in the program for the 2007 construction season; and
- 13 trainees had the skill level to remain in the program for winter operations.
First Nation consultation on capital projects
Major HPW projects in First Nation traditional territories require consultation with FN's regarding economic opportunities, including employment and training. The Department encourages contractors to engage First Nations workers in specific projects, for example, the Tombstone Territorial Park Visitor Reception Centre.
Over two million dollars was invested in the centre. The project will be completed in partnership with TH and the Department of Environment and will fulfill commitments made with Holland America.
The centre will be the Government of Yukon's first project to achieve the Leadership in Energy and Environmental Design standard in support of the Yukon Climate Change Strategy.
A partnership arrangement with TH involved working jointly to develop additional and enhanced high-resolution geospatial images and topographic base mapping information for some areas of the northern Yukon.
Yukon Asset Construction Agreements (YACAs)
The Department negotiates YACAs with First Nations for Government of Yukon construction projects when the planned expenditure for the project reaches a specified amount.
YACAs provide benefits to First Nation people and firms in the form of training, employment, and other provisions. Consultations with various First Nations have resulted in two YACAs:
- with Carcross/Tagish First Nation on the Atlin Road reconstruction project in 2007; and
- with Kwanlin Dün First Nation on the Whitehorse Airport runway extension project in 2007.
Department of Justice
Aboriginal Law Group
The Aboriginal Law Group (ALG) advised all Government of Yukon departments on issues related to the interpretation and implementation of the FAs and SGAs and aboriginal law generally and assisted other branches within Legal Services Branch with respect to these matters. ALG also provided legal drafting and advice to negotiators of agreements such as Asset Construction Agreements under Final Agreements and Tax Agreements under SGAs.
ALG participated in the ongoing negotiations of an Administration of Justice Agreement (AJA) with Teslin Tlingit Council and Canada. Implementation plan negotiations continued from 2004–05 to 2006–07 (in September 2002, Cabinet approved the TTC AJA in principle, subject to the approval of a negotiated implementation plan).
In 2006–2007, ALG participated in negotiations for a Framework Agreement on Administration of Justice with Canada and six Yukon First Nations: Champagne and Aishihik First Nations, First Nation of Na-Cho Nyak Dun, Vuntut Gwitchin First Nation, Tr'ondëk Hwëch'in, Little Salmon/Carmacks First Nation and Selkirk First Nation. ALG worked with Canada and five Yukon First Nations (Teslin Tlingit Council, Champagne and Aishihik First Nations, Vuntut Gwitchin First Nation, Tr'ondëk Hwëch'in and Ta'an Kwäch'än Council) to extend their interim provisions.
Canada needed to find an internal source of funding for all components of the TTC AJA.
Legislative Counsel assisted the Land Claims Implementation Secretariat in implementing FNFAs and SGAs by preparing withdrawal orders and other enactments. Counsel also drafted amendments to Yukon legislation to address conflicts between Yukon laws and newly enacted First Nation laws, and translated the legislation into French.
The Litigation Group represented the Government of Yukon on matters brought before the courts that are related to FNFAs and SGAs.
Finance and Administration
Finance and Administration administered and tracked all contribution agreements related to Justice's implementation activities, including Administration of Justice negotiations and the Bilateral Agreement on Implementation funding.
Land Titles Office
The Land Titles Office registered and issued titles for First Nation fee-simple settlement land parcels identified in recent FNFAs, and filed survey plans for all recently enacted FNFA settlement lands.
The Public Administrator continued to administer the estates of citizens of self-governing First Nations. Administration of estates includes contacting the next of kin, making inquiries about the existence of a will, administering the assets of the deceased and advising on other estate matters.
Department of Tourism and Culture
Fort Selkirk is being jointly managed with Selkirk First Nation according to the Fort Selkirk Management Plan approved in 2000.
Funding for implementation of the management plan is subject to annual capital budget approvals by the Yukon and SFN governments.
Rampart House and Lapierre House
Rampart House and Lapierre House are jointly managed with Vuntut Gwitchin First Nation according to the Rampart House and Lapierre House Management Plan (2001). Title to the property is registered with the Yukon and VGFN as tenants in common.
Funding for implementation of the management plan is subject to annual capital budget approvals by the Yukon and Vuntut Gwitchin First Nation governments.
Forty Mile, Fort Cudahy and Fort Constantine (Forty Mile)
Forty Mile is jointly managed with Tr'ondëk Hwëch'in according to the Forty Mile Management Plan (2006). An interpretive plan was completed in 2006–07.
Funding for implementation of the management plan is subject to annual capital budget approvals by the Yukon and TH governments.
Work was completed on a number of archaeological sites throughout the Yukon. The projects ranged from early to later stages of work to be completed at each site. YFNs related to respective sites partnered in all the projects (in terms of project initiation, organization and field work), which added to the overall benefits derived from undertaking the projects.
These were some of the projects:
- mitigation of archaeological resources at Forty Mile Historic Site;
- annual monitoring of Southern Yukon alpine ice patches and Gladstone Ice Patch Field Camp with First Nations ice patch representatives;
- an archaeological inventory in the Mayo area;
- archaeological investigations at Black City;
- an archaeological survey in the Towata Lake area;
- archaeological studies of semi-subterranean houses in the Rat Indian Creek area, northern Yukon; and
- investigation of reported grave sites in the village of Carmacks.
Work was completed on a number of archaeological sites throughout the Yukon. The projects ranged from early to later steps of the work to be completed at each site. YFNs related to respective sites partnered in all the projects (in terms of project initiation, organization and field work), which added to the overall benefits derived from undertaking the projects.
These were some of the projects:
- further investigations in the Fort Constantine/Fort Cudahy areas at the Forty Mile Historic Site;
- annual monitoring of Southern Yukon alpine ice patches and the ice patch survey of the southern Richardson Mountains;
- an archaeological inventory in the Upper Ogilvie River area and Log Cabin Place;
- an archaeological study of the early fur-trade history of Fort Selkirk;
- documentation of caribou-fence locations in northern Yukon;
- an archaeological inventory of the Yukon River between Big Salmon and Little Salmon; and
- publication of booklet on the archaeology of Forty Mile.
Work was completed on a number of archaeological sites throughout the Yukon. The projects ranged from early to later steps of the work to be completed at each site. YFNs partnered in all the projects (in terms of project initiation, organization and field work), which added to the overall benefits derived from undertaking them.
These were some of the projects:
- an archaeological inventory and mapping at the site of Moosehide Village;
- annual monitoring of Southern Yukon alpine ice patches and an artifact replication workshop;
- aerial reconnaissance/mapping of the Chilkat Trail;
- archaeological studies of the Fort Selkirk I fur-trade post;
- documentary research on north Yukon caribou fences; and
- publication of a Northern Tutchone ethnography and a volume of Tagish, Inland Tlingit and Southern Tutchone stories.
Palaeontological surveys and investigations included First Nations participation in terms of training/employment opportunities related to the dinosaur footprints found near Ross River and palaeontological investigations along the Crow River.
Palaeontological surveys and investigations included First Nations participation in terms of training/employment opportunities related to the dinosaur footprints found near Ross River and palaeontological investigations along the Crow River.
Palaeontological surveys and investigations involved First Nations participation in terms of training/employment opportunities related to palaeontological investigations along the Crow River.
Searching for Our Heritage (SFOH) Project
This project identifies Yukon artifacts held in institutions around the world. In accordance with Final Agreements Section 13.4.3, the Government of Yukon assists YFNs in developing programs, staff and facilities to enable heritage resources to be repatriated. To date, more than six thousand objects have been identified in 154 museums and institutions around the world. The SFOH database has been installed on computers in various YFN communities for use by YFN heritage workers.
Meeting with elders to share information takes time and resources. YFNs are involved with the SFOH project to varying degrees. As YFNs' capacity increases, they will be able to increase their involvement in SFOH.
First Nations Heritage Training Coordinator
This Government of Yukon position to assist with YFN capacity-building was established as part of Final Agreement implementation to identify and assist in coordinating training opportunities for YFN heritage workers. The coordinator produces publications for museums and centres, such as Guidelines on Developing Goals, Objectives and Actions: How well are we doing? and assists with the development of a Museums Unit Resource Library. The Resource Library includes a database of materials that can be loaned to museums and centres.
The coordinator also produces and delivers training manuals to museums and centres, carries out internal reviews of the Department's First Nation Training Corps Program and produces a monthly cultural/heritage training newsletter.
Identifying the specific training needs and resources of YFNs was a challenge, although communication about these needs has improved through the ongoing work of the coordinator.
First Nations Cultural/Heritage Centres
The Government of Yukon provides assistance to five First Nations cultural/heritage centres:
- Big Jonathan Centre, Pelly Crossing (Selkirk First Nation);
- Dänojà Zho Cultural Centre, Dawson (Tr'ondëk Hwëch'in);
- Tagé Cho Hudän Interpretive Centre, Carmacks (Little Salmon/Carmacks First Nation);
- Teslin Tlingit Heritage Centre, Teslin (Teslin Tlingit Council); and
- Da Ku Centre, Haines Junction (Champagne and Aishihik First Nations).
The Museum Contribution Program provided $220,000 to these institutions; they were also eligible for funding through the Special Projects Capital Assistance Program.
The Museums Unit provided assistance to VGFN and KDFN to develop their cultural/heritage centres.
A lack of capacity regarding heritage workers remained a problem for many YFNs.
Executive Council Office
Development Assessment Branch
The Development Assessment Branch (DAB) is part of the Government of Yukon's Executive Council Office and administers the Yukon Environmental and Socio-Economic Assessment Act (YESAA) within the Government of Yukon.
In 2004–2005, DAB worked collaboratively with the Government of Canada, CYFN and the Yukon Environmental and Socio-economic Assessment Board toward the full implementation of YESAA. The YESAA process set out in Chapter 12 of the UFA came into full effect on November 28, 2005.
In 2005–2006, the Development Assessment Branch worked toward the successful implementation of YESAA in several ways:
- developing implementation plans with each Government of Yukon Department;
- developing and approving a model for delegating decision-making authority to line departments;
- developing an outline for a decision document;
- creating a central internal database website to manage workflow specific to YESAA;
- training all Yukon YESAA practitioners on YESAB rules and the internal database website;
- leading the establishment of a multi-decision body forum including FNs, federal departments and Government of Yukon;
- assisting Government of Yukon departments in fulfilling their roles under YESAA; and
- facilitating meetings between assessors and regulators as required.
In 2006–2007, DAB continued to work toward the successful implementation of YESAA:
- assisting Government of Yukon departments in fulfilling their roles under YESAA;
- representing the Government of Yukon as a decision body on three major projects (Carmacks Copper, Carmacks-to-Stewart transmission line and Dawson sewage treatment facility);
- providing policy guidance for YESAA implementation issues;
- facilitating a multi-decision body forum;
- facilitating meetings between assessors and regulators to enhance Government of Yukon and YESAB capacity;
- collaborating with the Government of Canada and CYFN to initiate the five-year review process required in the YESAA Implementation Plan; and
- supporting corporate decision-making by resolving differences arising from Departmental mandates.
Land Claims and Implementation Secretariat
Yukon's Land Claims and Implementation Secretariat (LCIS), within the Executive Council Office, is responsible for negotiating implementation plans and coordinating the Yukon's implementation activities throughout the government. The Secretariat also provides support within government for capacity building related to land claim implementation. This includes managing the operating and capital funding for implementation received by the Government of Yukon from the Government of Canada.
LCIS is responsible for facilitating and tracking the implementation of obligations and for providing related deliverables identified in the Bilateral Agreement between Canada and the Yukon. The tracking includes meeting specific obligations for review of the land claim agreements, including the five-year and nine-year reviews.
The Secretariat continued work initiated earlier on a multi-user database containing information about implementation of land claim agreements. The general design of the database was completed, followed by the development of more detailed component designs and testing. Training for departments' staff who will use the database was designed and initiated. When training is completed, the next phase — Yukon internal use of the database — will commence. That will in turn provide a final test prior to the database being made available to First Nation governments and Canada.
LCIS works collaboratively with departments to coordinate ongoing activities to address Government of Yukon's land claim obligations. With input from a senior management committee on implementation, the Secretariat continues to coordinate and monitor the funding provided to departments for projects related to implementation of land claims. Among other responsibilities, LCIS provides policy advice related to the Final Agreements and Self-Government Agreements, and other First Nation-related matters, to other Government of Yukon departments and to Cabinet. The Secretariat also supports the provision of legal advice by Department of Justice lawyers on matters related to the agreements.
The Secretariat also represented the Government of Yukon in several negotiations:
- the Implementation Working Group, which has members from all self-governing Yukon First Nations, CYFN and Canada, and continued to address matters of concern in the implementation process and to promote effective implementation;
- program and service transfer agreement and tax room sharing negotiations with all self-governing Yukon First Nations; and
- negotiations for new First Nation Final Agreements and Self-Government Agreements.
At the invitation of the self-governing Yukon First Nations and Canada, the Secretariat participated as an observer on the Senior Financial Arrangements Committee (SFAC) established pursuant to the First Nations' Financial Transfer Agreements. SFAC members representing the parties to the agreements review the Financial Transfer Agreements and deal with any issues that arise from the operation of those agreements.
The Implementation Working Group constituted the Implementation Review Group, which undertook the required nine-year review of land claim implementation with regard to seven First Nation Final and Self-Government Agreements. The governments of the seven First Nations, Canada, Yukon and CYFN participated in the review; the four First Nations with more recently implemented agreements participated as observers.
The required review of the 1993 Bilateral Agreement between the Governments of Canada and the Yukon was postponed until the completion of the Implementation Review Group report in 2007. Initiation of the Bilateral Agreement review included an invitation for First Nations to participate in the review as observers.
Yukon Liquor Corporation
In 2004–05, the Yukon Liquor Corporation, with the departments of Justice and Finance, worked with Selkirk First Nation on the review of its proposed Liquor Act and related issues.
Yukon Public Service Commission
Land Claims Training
The Yukon Public Service Commission (PSC) provided three land-claims training options for Government of Yukon employees:
- a four-day workshop on FN culture, intercultural communications, and the history and process of land claims through to self-government
- a three-day workshop focused on traditional knowledge practices of Yukon FNs;
- training workshops to meet the needs of specific departments.
Employees of First Nation governments were invited to attend courses provided by the PSC. Course fees are usually waived for attendees from First Nation governments.
PSC also provided the four-day workshop to members of Yukon Boards and Councils; course fees were waived in this case as well. The workshop was delivered in five communities (Dawson City, Haines Junction, Mayo, Teslin and Watson Lake) as well as in Whitehorse.
The Commission also provided training to deal with specific aspects of the Final Agreements to Yukon Housing Corporation, Justice, Community Services and Health and Social Services. Some departments also delivered their own training to assist Government of Yukon employees in meeting specific obligations outlined in First Nation Final Agreements (e.g. Conservation Officers in Environment, lawyers in Justice and employees of the Yukon Housing Corporation).
Representative Public Service Plan
The Representative Public Service Plan (RPSP), developed under Chapter 22 of the Final Agreements, is based on six core strategies that address a range of factors related to First Nations employment, training and economic development:
- to develop a shared understanding between First Nations and Government of Yukons and a partnership to increase linkages and joint activities;
- to improve awareness, understanding and support of the RPSP with Yukon First Nations people and governments, Government of Yukon employees and the public;
- to monitor and review plans for ongoing planning, implementation and accountability;
- to create a workplace environment within the public service that accommodates Yukon First Nations culture and supports Yukon First Nations people;
- to work with First Nation governments to support the development of the Yukon First Nations labour force; and
- to increase representation of Yukon First Nations people in the Government of Yukon at all levels.
Several activities related to the RPSP were carried out:
- providing training and development opportunities for Yukon First Nations;
- providing positions under the First Nation Training Corps (FNTC);
- encouraging temporary assignments between First Nations and the Government of Yukon to share knowledge; and
- using preferential and restricted hire in some competitions.
Four Traditional Territory RPSPs are in place: Teslin Tlingit Council, First Nation of Na-Cho Nyak Dun, Champagne and Aishihik First Nations and Little Salmon/Carmacks First Nation. An RPSP with Tr'ondëk Hwëch'in has yet to be finalized.
Of the employees who responded to the Workforce Census, 14% stated that they were Aboriginal. According to the 2006 Canadian census, Aboriginal people represent 25% of the whole Yukon population and approximately 21% of the Yukon population aged 25–64. Statistics Canada reported that the number of Aboriginal people in the Yukon employed by some level of government almost doubled between 1981 and 2001.
Workplace Diversity Employment Office (WDEO)
First Nation Services
The Government of Yukon also works to develop a representative workforce through various initiatives in the WDEO First Nation Services, including information sessions to help people prepare for job applications and interviews; preferenced and restricted competitions; and temporary assignments between the Government of Yukon and First Nation governments.
First Nation Training Corps (FNTC)
FNTC provides training and employment opportunities to people of Yukon First Nations ancestry. WDEO works with departments and First Nation governments to facilitate temporary assignments between the Government of Yukon and First Nation governments and on FNTC placements. Placements range in duration from one to two years. Restricted competitions are used to recruit employees.
First Nations culture in the workplace
One of the core strategies of the RPSP is to create a workplace environment that accommodates Yukon First Nation culture and supports Yukon First Nation people. The Government of Yukon/Public Service Alliance of Canada Collective Agreement contains provisions that recognize the importance of culture to all employees. The agreement says that an employee may have leave from work to attend a potlatch related to the death of a family member within 24 months after the death. This reflects the cultural practices of First Nations regarding bereavement. The agreement contains a broad definition of "immediate family." It also recognizes that the ability to work in a cross-cultural work environment constitutes a reasonable qualification for any position within the Government of Yukon.
The Aboriginal Employee Forum (AEF) was launched in 2007 to provide a place where Aboriginal employees could network and learn corporate organizational values in ways that is culturally relevant. It also help them develop a culturally pertinent support system and connect with Aboriginal role models. AEF supports the goal of a representative workforce by offering an enriching experience for Aboriginal employees, which in turn supports employee retention. The forum has a steering committee with representatives from PSC and other departments. The forum has five goals:
- to discuss culture in the workplace;
- to provide a support system for new Aboriginal employees;
- to suggest ways to recognize the achievements of Aboriginal employees;
- to provide ideas on how to offer peer support for Aboriginal employees; and
- to support diversity in the workplace.
According to the Government of Yukon Employment Equity Policy, equity target groups are women, Aboriginal people and people with disabilities. PSC has developed several hiring methods focused on employment equity:
- competitions where preference is given to applicants from employment-equity target groups (other people may also apply);
- competitions restricted to applicants from employment-equity target groups;
- competitions that give preference to residents of a specific community (if there is no certified resident applicant, the appointment can be offered to the highest ranked qualified applicant);
- underfill, which is used to appoint the highest ranked qualified candidate when none is certified during the competition.
Government of Canada
Canada School of Public Service
The Canada School of Public Service (CSPS) is the learning service provider for the Public Service of Canada. It brings a unified approach to serving the shared learning and development needs of public servants and helps ensure that all public service employees across Canada have the knowledge and skills they need.
CSPS offered several courses in Whitehorse with relevance for land claims implementation, including Essentials of Supervising, Fundamentals of Budget Control, Managing Stress Effectively, Contracting and Acquisitions and The Career Journey.
The organization held a Fundamentals of Budget Control workshop in Burwash Landing, and a course on Workplace Accommodation in Dawson City. It arranged to deliver its Fundamentals of Budget Control course to Ta'an Kwäch'än Council. It also held an "Armchair Session" on the residential school resolution process.
CSPS worked directly with CYFN, Tr'ondëk Hwëch'in and Kluane First Nation to allow them access to all campus direct on-line courses and to discuss approaches to capacity building. It also participated on the Interagency Training Committee, the steering committee for the Aboriginal Leadership Executive Program at the University of Victoria and has agreed to have the Yukon Learning and Partnership Consultant stand for participation on the UFA Training Committee.
Department of Canadian Heritage
The implementation activities of the Department of Canadian Heritage address the obligations of Chapter 13 of the individual Yukon First Nation self-government agreements and Implementation Plans. The Department's priority in the Yukon is to provide financial support to Yukon First Nations for initiatives to develop First Nations heritage resources and to build organizational capacity for the management of these resources.
Canadian Heritage officials continued to meet with Yukon First Nations representatives who were interested in developing — with Canada and Yukon — terms of reference, work plans and tripartite strategic plans as described under clauses 13.4.1 and 13.4.2 of Chapter 13.
The Canadian Conservation Institute (CCI), which provides professional outreach and support to communities, presented the conservation workshop, "Storage Planning for Cultural Institutions," at the Beringia Centre in Whitehorse. Several Yukon First Nations attended.
Champagne and Aishihik First Nations
CAFN received support under the Canadian Arts and Heritage Sustainability Program (CAHSP) for the Ice Patch Research Project. This entailed development of a strategic plan for CAFN's involvement in future research as well as development and production of a newsletter on recent discoveries and research. CAFN also carried out an archives project with support from the National Archival Development Program (NADP) of Library and Archives Canada (LAC).
Dakh-ka Tlingit Tribal Council
DTTC was supported under the CAHSP for implementation of a strategic plan that identified priorities and actions for building heritage capacity and preservation of Tlingit culture through a series of consultations with elders and citizens.
First Nation of Na-Cho Nyak Dun
CAHSP provided support to FNNND to develop a five-year strategic heritage plan. This will guide preservation, interpretation and enhancement of the FN's heritage resources.
Kluane First Nation
Under the Museums Assistance Program (MAP), KFN received support for community consultations and development of a conceptual plan for exhibits and programming.
Little Salmon/Carmacks First Nation
Under Young Canada Works (YCW), administered by the Canadian Museum of Civilization, support was provided to the Tage Cho Hudan Interpretive Centre for two interpreter positions. Under the Community Memories Program, the centre received digital support for creation of a virtual exhibit. At the request of the centre, CCI conducted a site visit there. The centre also received ongoing support for technical and professional services and access to the Canadian Heritage Information Network (CHIN).
Selkirk First Nation
In 2004–05, CCI conducted a site visit to Big Jonathan House in Pelly Crossing, at the request of SFN.
Teslin Tlingit Council
CCI conducted a site visit to the Teslin Tlingit Heritage Centre at the request of TTC.
The Aboriginal Museum Development (AMD) component of MAP provided assistance to TH to coordinate the development of a strategic plan for the Yukon First Nations Heritage Group (YFNHG). Young Canada Works provided support for two heritage Department positions. A contribution from NADP enabled Tr'ondek Hwech'in to complete a photograph processing project.
Vuntut Gwitchin First Nation
VGFN received MAP support for Phase 2 of its Oral History Project, which included development of a place names database, digital mapping, and production of curriculum and education materials.
Canadian Heritage participated in the Heritage Training Sub-Committee to assist in the development of terms of reference for a needs assessment for Yukon First Nations and heritage workers.
The Department, with the Government of Yukon, hosted a workshop to share heritage skills and expertise; participants included Yukon First Nations heritage staff. The Department also provided information sessions on guidelines and terms and conditions of renewed programs including MAP, CAHSP and Cultural Spaces Canada.
Teslin Tlingit Council
CCI presented a workshop in Teslin for the Yukon First Nations Heritage Group and TTC on preservation management for seasonal museums.
Champagne and Aishihik First Nations
At the request of CAFN, CCI conducted site visits to Haines Junction and to the Klukshu Museum.
Dakh-ka Tlingit Tribal Council
DTTC was supported under CAHSP for the creation of a Dakh-ka Language, Heritage and Cultural Foundation model.
First Nation of Na-Cho Nyak Dun
FNNND received support from MAP for its Old Mayo Village Research Project, which collected and compiled information for a feasibility study on restoring the Old Village to interpret Aboriginal culture.
Kwanlin Dün First Nation
KDFN was approved for support under MAP for an interactive exhibit design and production development project but later withdrew the project.
Ta'an Kwäch'än Council
TKC received support from CAHSP to develop a five-year strategic heritage plan.
TH received support from Aboriginal Museum Development for museum management and preservation of heritage resources. Young Canada Works supported a research assistant position.
Vuntut Gwitchin First Nation
MAP supported a three-year Cultural Geography Project. CAHSP provided support to develop a governance model for heritage resources and YCW supported two heritage assistant positions. An archival research project was supported by National Archival Development Program.
Little Salmon/Carmacks First Nation
YCW supported two interpreter positions in 2005–06. Tage Cho Hudan Interpretive Centre continued to receive ongoing technical and professional service support.
Canada created a Chapter 13 interdepartmental working group, coordinated by INAC, to help ensure continuity and a coordinated approach by the federal government. Canadian Heritage is a member of this working group. The Department also continued to participate on the Heritage Training Sub-Committee.
The Department continued to work principally with TH, the Government of Yukon, Parks Canada, and INAC to further develop a tripartite strategic planning process.
CCI presented a workshop on archival materials to the members of the Yukon Council of Archives, which includes Yukon First Nations.
Council of Yukon First Nations
Library and Archives Canada, through a contribution from NADP, provided support for a project on land claims records. CYFN received ongoing technical and professional service support and access to the Canadian Heritage Information Network.
Dakh-ka Tlingit Tribal Council
The Canadian Digital Cultural Content Program provided support to DKTC for an online information resource to enable Council members to share their values, language and culture.
Teslin Tlingit Council
LAC provided support for records project through a contribution from NADP.
YCW provided support to TH for a collections assistant position. TH also received ongoing support for technical and professional services.
Vuntut Gwitchin First Nation
MAP continued to support the Cultural Geography Project. LAC, through a contribution from NADP, supported a records project.
Little Salmon Carmacks First Nation
Under YCW, support was provided to the interpretive centre for an interpreter position. The centre also received ongoing support for technical and professional services.
Program and Service Transfer Agreement
In 2006, the Department of Canadian Heritage began negotiating with YFNs for the transfer of federal programming related to Aboriginal languages, including the Aboriginal Languages Initiative and the Canada/Territorial Cooperation Agreements for Aboriginal Languages.
Fisheries and Oceans Canada
Fisheries and Oceans Canada (DFO) is the lead federal government Department responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters. This mandate includes responsibility for the conservation and sustainable use of Canada's fisheries resources while continuing to provide safe, effective and environmentally sound marine services that are responsive to the needs of Canadians in a global economy. In the Pacific Region, the Department oversees west coast marine resources and the inland fisheries of the Yukon Territory.
Working groups were established for the Yukon, Porcupine and Alsek rivers with input and support from DFO. The Department also carried out government-to-government meetings and consultations and continued to negotiate the Basic Needs Allocation.
The Department's work is constrained by the fact that not all First Nations have final agreements.
Land use and management
The Department participated as a regulatory body in the YESAA process.
Negotiations on Basic Needs Allocation (BNA) continued. The Department provided support for projects funded under the Restoration and Enhancement Fund. DFO also carried out consultation on the determination of viable fisheries.
A consistent catch-monitoring program was lacking.
Heritage and culture
DFO supported initiatives such as Tr'ondëk Hwëch'in's First Fish project.
The Department participated in the development of two technical courses for employment readiness and participated in the Dream Catchers project. It also participated in the "Salmonids in the Classroom" initiative. DFO encouraged Yukon College to develop a technician program, and partnered with the college to attract a Bachelor of Science degree program to the Yukon.
The Department participated in the Restorative Justice Program.
The Department contributed to the salmon sub-committee contribution agreement and provided ongoing support to communities for projects funded by the Restoration and Enhancement Fund.
Canadian Wildlife Service – Yukon Office
The responsibilities of Environment Canada's (EC's) Canadian Wildlife Service – Yukon Office (CWS-Yukon) pertain to building partnerships with the Yukon and First Nations governments, the implementation of self-government and land claim agreements, the Species at Risk Act (SARA), the Migratory Birds Convention Act and the Canada Wildlife Act. CWS-Yukon also works in habitat protection, environmental assessments, land-use and protected-area planning, and circumpolar biodiversity monitoring. Specific activities are outlined below.
Implementation of land claim agreements
Land claim and self-government agreements in the Yukon have established an array of wildlife management and environmental assessment Boards for each settlement region. In addition, the Porcupine Caribou Management Agreement and the International Porcupine Caribou Agreement coordinate management with First Nations governments domestically and internationally through management boards. CWS-Yukon maintains government-to-government relations with First Nations and the Inuvialuit, and CWS-Yukon staff are either members of management boards representing Canada or support the operations of these boards through the provision of information and advice.
Migratory bird conservation
CWS-Yukon annually monitored waterfowl and water-bird populations in the Yukon in cooperation with the Government of Yukon and Ducks Unlimited. Land bird populations and their habitats are being studied to support CWS contributions to a) forest and land-use planning processes established under the UFA and b) the development of a proposed incidental take permit process. A management plan is being developed for Bird Conservation Region 4, which encompasses most of the Yukon. CWS-Yukon participates in a national EC initiative to address the regulation of incidental take of migratory birds.
CWS-Yukon worked with the Yukon Fish and Wildlife Management Board and the Government of Yukon to develop recommendations to the federal Minister of Environment regarding amendments to the Migratory Bird Regulations. Recommendations submitted by the Board included creation of an additional migratory bird hunting zone in the Yukon at the 62nd parallel, and an August 15 season opening in the two zones north of the 62nd parallel (with the opening of the southern zone remaining as September 1). This regulation change would apply to all species of birds that can be currently hunted under the Migratory Birds Regulations.
Northern Mountain Woodland Caribou Planning
The Northern Mountain woodland caribou population was listed as a species of special concern under SARA. CWS-Yukon led the management planning for this caribou population — required under SARA — with the Governments of B.C., Yukon, NWT and 31 First Nations; Aboriginal groups and wildlife management boards are partners.
Conservation Data Centre
CWS-Yukon, in partnership with the Government of Yukon, operated a conservation data centre (NatureServe Yukon). The centre provided objective, comprehensive and broadly accessible information on plants, animals and ecological communities of conservation interest in order to serve public- and private-sector needs in decision-making, research and education. The centre provided information to federal, territorial and First Nation governments and to wildlife management boards/councils and land-use planning commissions for the conservation of species and protected areas, land-use and resource planning, and environmental assessments.
CWS-Yukon, in coordination with EC's Environmental Protection Office, provided information and assessments on proposed developments pursuant to the Yukon Environmental and Socio-economic Assessment Act (YESAA).
Nisutlin River Delta National Wildlife Area
CWS-Yukon, in partnership with the Government of Yukon, TTC and the Teslin RRC, managed and administered the Nisutlin Delta National Wildlife Area. Tasks included undertaking biological studies and monitoring management progress, permitting for wildlife-oriented recreation activities and cooperating with public and resource management agencies to conserve the wildlife and its habitat and support recreational and educational opportunities in the delta.
Circumpolar Biodiversity Monitoring
CWS-Yukon led and delivered three Arctic biodiversity monitoring programs in cooperation with other countries, territories and Aboriginal organizations. The Circumpolar Biodiversity Monitoring Program involved 33 technical partnerships across five Arctic nations. The goal of the program was to harmonize and enhance monitoring to improve the detection, understanding and reporting of important Arctic biodiversity trends. The Arctic Borderlands Ecological Knowledge Co-op is a community-based biodiversity monitoring project that encompasses the northern Yukon, northeastern Alaska and northwestern NWT. The CircumArctic Rangifer Monitoring and Assessment Network involved six Arctic nations. The goals of this network are to assess the vulnerability and resilience of human-Rangifer systems, coordinate knowledge collection and sharing, and develop and promote adaptive strategies and policies that will ensure a sustainable human-Rangifer future.
Environmental Protection Operations Division
The Environmental Protection Operations Division (EPOD) worked with Yukon First Nations and boards/councils created under final and self-government agreements on initiatives in the areas of environmental assessment, contaminated sites, spills and emergencies. The division also provided advice, expertise and capacity building. The division's specific activities are listed below.
Environment Canada worked with the Yukon Environmental and Socio-economic Assessment Board and YFNs to implement YESAA. Environmental Protection staff provided insight on environmental assessment issues and technical capacity to the Board and YFNs relating to projects under review. On request, EPOD has also provided expert advice to the Board relating to water issues. The division is also participating in the five-year review of YESAA.
Response to spills and emergencies
Environmental Protection staff continued to encourage YFNs to become involved as participants in the Letter of Understanding Concerning Government Response to Spills in the Yukon. The division also supported work by the Yukon River Inter-Tribal Watershed Council (YRITWC) and YFNs to identify contaminated sites and sites of concern in Yukon communities and has further assisted in training FN technicians in water sampling.
Advice, technical expertise and capacity building
EPOD provided advice and technical expertise and supported capacity building in a number of ways:
- working with the community of Atlin, B.C. and the Taku River Tlingit First Nation on placer issues and potential contaminants;
- addressing queries from YFNs concerning potential contamination sources;
- cooperating with the Aboriginal Pipeline Coalition in providing technical expertise and information concerning federal environmental assessment processes to YFNs, including participating in a tour of YFN communities along the pipeline route;
- participating in the technical committee for the Faro mine site and providing expertise on remediating this federal contaminated site;
- providing access for interested First Nations to Environment Canada resources such as databases on spills and water quality; and
- continuing to participate in meetings of the YRITWC to strengthen links with YFNs, provide information on departmental programs, and deliver training on water quality sampling.
Indian and Northern Affairs Canada
During 2004–07, INAC's Implementation Branch (IB) led Canada's participation in the Implementation Reviews being conducted throughout the period.
Due to the depth and breadth of the work involved in the implementation reviews, it was a significant challenge for all parties to maintain a focus on the ongoing work of the Implementation Working Group (IWG). The IWG has functioned since 1994 as a working-level forum for the implementation representatives (or their designates) of all implementing parties in Yukon to monitor and address implementation concerns as they arose. Despite this challenge, a concerted effort was made by all parties to have the IWG continue to function, for the benefit of all, but particularly for those self-governing YFNs not actively involved in the review process. Implementation Branch continued to represent Canada at the IWG with the support of the Yukon Regional Office.
The Umbrella Final Agreement Implementation Plan and each final agreement implementation plan require the implementation plan to be reviewed in the fifth and ninth years following the Effective Date (and thereafter as the Parties may agree). The self-government agreements and self-government agreement implementation plans for the first four Yukon First Nations and Little Salmon/Carmacks First Nation require, unless otherwise agreed, that they be reviewed "within five years" of the Effective Date. The implementation plans for Selkirk First Nation and Tr'ondëk Hwëch'in stipulate that the reviews occur "within ten years" of the Effective Date unless otherwise agreed.
In 2000, a five-year review of the Umbrella Final Agreement Implementation Plan and the first four Yukon First Nation Final Agreement implementation plans was completed. By mutual agreement, the reviews of the self-government agreements and self-government agreement implementation plans (also required at that time) were deferred to coincide with the nine-year review of the Umbrella Final Agreement Implementation Plan and final agreement implementation plans. In addition, Little Salmon/Carmacks First Nation, Selkirk First Nation and Tr'ondëk Hwëch'in agreed in their PSTAs to consolidate the five-year and nine-year reviews required pursuant to their Final Agreement Implementation Plans with the nine-year reviews of the other YFNs.
Subsequently, the Parties agreed for reasons of efficiency and consistency to conduct all the similarly timed reviews in a single, coordinated review process. Since May 2003, the Parties to seven Yukon First Nation final agreements and self-government agreements have been engaged in reviews of several agreements:
- the Umbrella Final Agreement Implementation Plan;
- the Final Agreement Implementation Plans for seven YFNs;
- the self-government agreement implementation plans for seven YFNs; and
- the self-government agreements, pursuant to section 6.6 of those agreements, for seven YFNs, as required by the final agreement implementation plans, self-government agreement implementation plans and self-government agreements.
The reviews were undertaken by the Implementation Review Group (IRG), which is comprised of implementation representatives of Canada, Yukon, CYFN and each of the seven YFNs. Other YFNs were invited to attend IRG sessions as observers.
Other reviews, on closely related matters, were conducted concurrently with this review. They pertained to funding arrangements associated with implementation of the agreements and include two components:
- a review of the self-government financial transfer agreements for the seven YFNs; and
- a review of the Canada-Yukon Bilateral Agreement dealing with arrangements for implementation funding from Canada to Yukon.
Dispute Resolution Board/Yukon Enrolment Commission transition
Pursuant to the UFA, the Yukon Enrolment Commission (YEC) ceased to exist on February 14, 2005, ten years after the effective date of the UFA. Under the terms of the UFA, any of the Commission's remaining responsibilities as of that date were to become the responsibility of the Dispute Resolution Board (DRB). Stemming from its funding and oversight responsibility for the YEC and DRB, the Implementation Branch worked to facilitate the transfer of responsibilities and transition period leading up to the YEC's ceasing to exist. Implementation Branch worked with both entities to make the process as seamless as possible, ensuring continuity of funding and expertise through this period.
Several amendments to key agreements were required during 2004–07:
- YFN Self-Government Agreements – as a result of the coming into effect of YESAA, and incorporating education-related clauses into several agreements;
- Umbrella and Final Agreement Implementation Plans – to continue funding to Boards/committees and YFNs beyond the initial ten-year period described in the plans; and
- Training Trust Indenture Agreement – to allow greater flexibility of investment options for trust funds.
The Implementation Branch collaborated with the relevant parties, and where necessary led the processes to put these amendments into effect.
The branch facilitated initial discussions between self-governing YFNs, Government of Yukon and relevant federal departments in efforts to resolve implementation issues that arose during this period or to initiate specific implementation initiatives:
- addressing differential interpretations with regard to GST rebates for daycares established and run on settlement lands;
- proposed site-specific settlement lands (and the related MOU);
- joint capital planning; and
- improving linkages between communications groups/officers of the parties.
In November 2005, IB conducted a workshop on results-based management and reporting which was attended by representatives of all implementing parties. The workshop increased participants' understanding of these management and reporting concepts through interactive exercises that brought together participants with varying perspectives and experiences in small groups. Members of the IWG indicated that several of the concepts discussed and promoted as part of this initiative could prove valuable for the IWG in the future following completion of the implementation reviews. It was felt that they could have particular value in enhancing annual reports and in arriving at mutually agreeable measures for monitoring progress on implementation priorities established as part of the reviews.
In early 2007, IB participated in a priority-setting exercise for the IWG which looked at the recommendations stemming from the implementation reviews. The goal of this session was to foster an improved understanding of each party's respective views on the priorities which should be established for certain recommendations, and to decide which could and should be acted upon first. This mutual planning activity should prove valuable once the implementation reviews are complete.
Indian and Northern Affairs Canada/Regional
Administration of Justice Agreements
In Section 13 of each YFN self-government agreement, it is recognized that the FN has jurisdiction to make laws with respect to the administration of justice. Discussions with several self-governing Yukon First Nations regarding the negotiation of Administration of Justice Agreements (AJAs) commenced and are at various stages and levels of engagement.
In 2004–05, at the TTC implementation negotiations, meetings were held on the development of a federal financial mandate and a tripartite implementation plan.
Vuntut Gwitchin First Nation, Tr'ondëk Hwëch'in, Champagne and Aishihik First Nations, First Nation of Na-Cho Nyak Dun, Selkirk First Nation, Little Salmon/Carmacks First Nation, Ta'an Kwäch'än Council and Kluane First Nation were engaged in exploratory discussions with Canada and Yukon in relation to the administration of justice. First Nations focused on identifying community priorities for AJA discussions and negotiations, while Canada sought confirmation of its authority to enter into substantive negotiations. The Parties held exploratory tripartite discussions and community justice caucuses to prepare for upcoming negotiations and to clarify each Party's concept of justice agreements in the Yukon.
In 2005–2006, in the course of implementation negotiations, Canada tabled a financial offer with TTC. After reaching an impasse, the Parties worked toward clarifying the intent of the provisions of the agreement initialled by negotiators in 2003. Options were developed for moving forward.
Vuntut Gwitchin First Nation, Tr'ondëk Hwëch'in, Champagne and Aishihik First Nations, First Nation of Na-Cho Nyak Dun, Selkirk First Nation, Little Salmon/Carmacks First Nation, Ta'an Kwäch'än Council and Kluane First Nation continued their exploratory discussions with Canada and the Yukon about the administration of justice. Tripartite exploratory discussions and community justice caucuses also continued.
Work plans to enter into framework negotiations with six Yukon First Nations were developed. TKC and KFN chose not to proceed to framework negotiations.
Agreements to extend interim provisions that ensured a regime for the prosecution of First Nations laws expired for Little Salmon/Carmacks First Nation, Selkirk First Nation and First Nation of Na-Cho Nyak Dun and were not renewed.
In 2006–07, Canada sought to renew its implementation mandate before resuming implementation negotiations at the TTC table. Vuntut Gwitchin First Nation, Tr'ondëk Hwëch'in, Champagne and Aishihik First Nations, First Nation of Na-Cho Nyak Dun, Selkirk First Nation, Little Salmon/Carmacks First Nation and Ta'an Kwäch'än Council began administration of justice framework agreement negotiations with Canada. These negotiations progressed while communities held consultations relating to their justice priorities. The self-government agreement interim justice provisions for Teslin Tlingit Council, Tr'ondëk Hwëch'in, Vuntut Gwitchin First Nation, Ta'an Kwäch'än Council and Champagne and Aishihik First Nations were extended, on schedule, for two years.
The Intergovernmental Forum was established in July 2002. It is comprised of the Chief of each SGYFN, the Grand Chief of CYFN, the Yukon Premier and the Minister of Indian and Northern Affairs Canada. The main objectives of the Intergovernmental Forum are to develop a shared vision for governance and programs and services delivery in Yukon within the context of land claims, self-government agreements and the Government of Yukon Devolution Transfer Agreement, and to build and nurture the intergovernmental relationships that now exist in the Yukon. The Forum has provided a constructive venue for highlighting issues of common importance to all levels of government in the Yukon.
The Forum's structure and the process it follows are set out in the Intergovernmental Forum Protocol, which contains the framework for the Forum's tripartite intergovernmental political dialogue. A group of senior officials from each government supports the Intergovernmental Forum by providing strategic advice and jointly developing the agendas for the meetings.
The Intergovernmental Forum met periodically since 2002 to discuss broad issues related to implementation of the Umbrella Final Agreement and the Yukon First Nation final and self-government agreements and other matters that the parties wished to discuss. These were some of the discussion items:
- July 18, 2002 meeting in Old Crow – signing of the original protocol.
- May 16, 2003 meeting in Dawson City – agenda items: 1) economic development, 2) education, and 3) finance and fiscal relations.
- October 19, 2003 meeting in Haines Junction – agenda items: 1) equity fund, 2) education, and 3) mandates and self-government financing.
- February 20, 2005 meeting in Whitehorse – agenda items: 1) Northern Strategy, and 2) implementation reviews/mandate for implementation renewal.
Programs and Services Transfer Agreements (PSTAs)
Pursuant to section 17 of the SGA, participating SGYFNs provide yearly letters of notice to Canada and Yukon that outline their negotiating priorities for the fiscal year. These agreements allow YFNs to assume responsibility and funding for the management, administration and delivery of any government program or service within their jurisdiction. Based on these letters a work plan is signed and agreed to which charts the order in which the priorities will be addressed.
In 2004–05, a Memorandum of Understanding was drawn up between INAC Yukon Region and eight self-governing Yukon First Nations regarding administration arrangements for the delivery of the INAC post-secondary education program beginning in May 2004. Other priorities for the fiscal year included Health Canada programming, residual INAC programming and some Yukon programs related to health and education.
In 2005–06, reciprocal arrangements for the provision of social assistance were signed between Canada, Yukon and six SGYFNs. These intergovernmental arrangements supported and coordinated the delivery of income assistance to any person in need in the Yukon Territory. Other priorities in this fiscal year included Aboriginal human resources programming, Aboriginal languages, burials, child and family services, alcohol and drug services, early childhood education, adult education and K–12 education.
In 2006–07, there are 11 self-governing Yukon First Nations in Yukon; nine of them have been working at a common table to negotiate priorities under Section 17. Although there was agreement among the Parties to work in this way, not all SGYFNs had the same priorities, and sub tables were created for matters that were specific to only a few of them. Any SGYFN could participate in these discussions.
Priorities in the fiscal year included post-secondary education, Aboriginal languages, alcohol and drug services, and home and community care. Five health areas were targeted: fetal alcohol spectrum disorder (FASD), an Aboriginal diabetes initiative, a national Aboriginal youth suicide prevention strategy, HIV/AIDS and maternal child health.
During the period covered by this report, negotiations took place between the SGYFNs, Canada and the Government of Yukon regarding the sharing of Personal Income Tax (both federal and territorial) and the federal Goods and Services Tax. These discussions were very productive.
Personal Income Tax agreements are now in place with ten of the SGYFNs; discussions on personal income tax arrangements continue with the remaining First Nation. First Nation Goods and Services Tax agreements are in place with all 11 SGYFNs. YFNs undertook discussions with the Government of Yukon regarding the sharing of some territorial taxes (such as those on fuel and tobacco) during the period of the report but those discussions did not result in any concluded agreements.
Natural Resources Canada: Legal Surveys Division
The Canada Centre for Cadastral Management of Natural Resources Canada is responsible for the legal surveying of Yukon First Nation Settlement Lands. Annual survey programs are based on recommendations made by First Nation Settlement Land Committees.
Of the 11 Yukon First Nations with Final Agreements, nine continued to implement legal surveys of their Settlement Lands. Two First Nations — NND and SFN — have completed their survey programs.
Fieldwork for survey contracts commences in the spring and the bulk of work is carried out in the summer and fall. Plan preparation by the contractors occurs in late fall and winter. Review of plans by the Settlement Land Committees and signing by the Parties occurs throughout the year; most reviews take place after December.
In 2004–05, Little Salmon/Carmacks First Nation completed all its surveys and waited for the Yukon to implement the MOU for seven site-specific parcels moved to other locations.
Champagne and Aishihik First Nations Category A and B adjustment parcels required final posts before survey work could be completed. CAFN waited for the Yukon to implement the MOU for 23 site-specific parcels moved to other locations. In addition, four S-sites were surveyed, ready for CAFN to sign and four S-sites were not yet surveyed. The program was 95 percent complete.
Teslin Tlingit Council waited for the Yukon to implement the MOU for 14 site-specific parcels moved to other locations. One Category B adjustment parcel required a final post before survey work could be completed. One community parcel required plan signing and one S-Site required plan signing. The program was 98 percent complete.
Vuntut Gwitchin First Nation waited for the Yukon to implement the MOU for eight site-specific parcels moved to other locations. One Category A adjustment parcel needed to be signed. The Administrative Plan for the Old Crow Flats Special Management Area was in process. The program was 98 percent complete.
Tr'ondëk Hwëch'in waited for the Yukon to implement the MOU for 11 site-specific parcels (S-sites) moved to other locations. Three community sites, all on the same survey plan, required one title change by Yukon before the survey plan process could be completed. Adjustment parcels for Category A and B required survey work and an R-20A to be completed. The program was 90 percent complete.
Ta'an Kwäch'än Council waited for the Yukon to implement the MOU for three site-specific parcels moved to other locations. Five TKC survey contracts were issued in 2004 completing four rural block parcels, 14 community parcels, and 60 site-specific selections.
In 2005–06, three survey contracts completing nine rural block parcels, eight S-sites, and nine community sites were issued for Kluane First Nation.
Five survey contracts completing 31 community parcels and 52 site-specific parcels were issued for Kwanlin Dün First Nation.
Two survey contracts, surveying two S-site parcels and adjustment boundaries for Category A lands and part of Category B lands, were completed for Ta'an Kwäch'än Council. One Category B adjustment parcel required a final post before survey work could be completed.
In 2006–07, two survey contracts, for 22 community sites, six S-sites and one rural block parcel, were completed for Carcross/Tagish First Nation.
Five survey contracts, for 22 rural block parcels, 20 community sites and 42 S-sites, were issued for Kwanlin Dün First Nation.
Two survey contracts, completing 11 rural block parcels and 11 S-sites, were issued for Kluane First Nation.
Expectations of the amount of time and money required to complete the survey program were not realistic. An MOU between the Parties to the Final Agreements to facilitate the exchange of land where site-specific selections were incorrectly located has not been completed. This would be necessary in order to complete the legal survey programs for six Yukon First Nations.
Several First Nation governments had not yet signed their completed survey plans. In addition, Champagne and Aishihik First Nations still had concerns with specific claims parcels R-71A and R-72A. Also, the Goverment of Yukon is required to correct parcel title concerns with TH R-20A and C-4B/D.
Public Works and Government Services Canada
Public Works and Government Services Canada (PWGSC) provides assistance, guidance, and, when requested, training to First Nations in the Yukon and Northern B.C. in the area of contracting, procurement, acquisitions, capital planning and infrastructure development. PWGSC has Acquisitions, Real Property and Office of Small and Medium Enterprises branches in Whitehorse, Vancouver and Victoria.
PWGSC also provides guidance and advice to all federal departments conducting procurement and contracting initiatives related to self-government agreements on settlement and traditional lands in Yukon and B.C.
Appendix 1. Yukon First Nations
|Yukon First Nations with Final and Self-Government Agreements||Yukon First Nations without Final and Self-Government Agreements|
|Carcross/Tagish First Nation||Liard First Nation|
|Champagne and Aishihik First Nations||Ross River Dena Council|
|First Nation of Na-Cho Nyak Dun||White River First Nation|
|Kluane First Nation|
|Kwanlin Dün First Nation|
|Little Salmon/Carmacks First Nation|
|Selkirk First Nation|
|Ta'an Kwäch'än Council|
|Teslin Tlingit Council|
|Vuntut Gwitchin First Nation|
Appendix 2. Features of the Umbrella Final Agreement
The UFA is the framework within which each of the 14 Yukon First Nations will conclude a final land claim settlement agreement. The UFA is included word for word within each individual First Nation Final Agreement. Provisions that are specific to the individual Final Agreement are shown in a box. The amount of settlement land and financial compensation guaranteed by the UFA is allocated to individual First Nations based on a formula that was arrived at by the 14 Yukon First Nations.
These are some of the key provisions:
- title to 41,439 square kilometres of land divided into Category A Settlement Land which has both surface and subsurface rights and Category B Settlement Land which has surface rights only, but which includes the right to specified substance materials such as sand and gravel;
- $246,600,000 in financial compensation payments (1989 dollars);
- payment of individual First Nation shares over 15 years, beginning when each final agreement is reached;
- $6,500,000 (1998 dollars) Yukon Indian People Training Trust;
- $3,245,736 (1992 dollars) Fish and Wildlife Management Trust;
- up to $1,500,000 (1992 dollars) for the Yukon River drainage basin for a salmon harvest study;
- a total of $4,000,000 (1990 dollars) as initial capital for the establishment of the Yukon First Nations Implementation Fund;
- payment of $26,570,000 (1992 dollars) in exchange for the Indian Act Section 87 tax rights, beginning on the third anniversary of the effective date of the UFA;
- rental revenues from surface leases and royalties from the development of non-renewable resources that take place on settlement land;
- rights to harvest wildlife for subsistence purposes throughout the traditional territory;
- preferential harvesting of some species and exclusive harvesting on Category A settlement land;
- approximately 70 percent of the traplines allocated in each traditional territory;
- guaranteed one-third First Nation membership on the Yukon Water Board, the Dispute Resolution Board and the Yukon Land-Use Planning Council, and up to two-thirds representation on regional land-use planning commissions;
- guaranteed 50 percent representation on the Development Assessment Board (now known as the Yukon Environmental Assessment and Socio-economic Assessment Board or YESAB), Yukon Surface Rights Board, Yukon Fish and Wildlife Management Board and the traditional territory regional renewable resource councils (RRCs);
- provisions for promoting and preserving the culture and heritage of Yukon First Nations and their people; and
- provisions for the ownership and management of heritage resources and designated heritage sites.
Appendix 3. Features of the final agreements and self-government agreements
Common specific provisions
- Participation in government employment, contracting and development projects in the traditional territory.
- Options to acquire up to 25 percent of projects managed by the Government of Yukon or its agencies or corporations in future non-renewable resource and hydro-electric developments in the traditional territory.
- Economic development and employment planning processes.
Champagne and Aishihik First Nations (CAFN)
Effective date: February 14, 1995
- A total of 1,230.24 sq. km of land with surface and sub-surface title (Category A); 1,165.49 sq. km of land with surface title only, but including rights to materials such as sand and gravel (Category B).
- Financial compensation payments of $31,937,855 (1993 dollars) over 15 years.
- Specific moose harvests for subsistence needs.
- Primary consideration in allocation of freshwater fish resources in traditional territory.
- Priority allocation of a minimum number of sockeye and chinook salmon in the Alsek River basin.
- Guaranteed participation in commercial freshwater, salmon fishery and sports fishing, adventure travel, forestry, outfitting and campsite operations in the traditional territory.
- Representation on the Kluane National Park Management Board.
- Proportional representation in federal public service positions in Kluane National Park & Reserve.
- Exclusive opportunity or right of first refusal for commercial operations in Kluane National Park & Reserve.
- Exclusive harvesting rights in Kluane National Park & Reserve within CAFN traditional territory.
- Establishment of a process to guide the development of Kluane National Park & Reserve and Sha'washe and the surrounding area, and joint management of the Tatshenshini River.
- Provisions to nominate the Tatshenshini River as a Canadian Heritage River.
First Nation of Na-Cho Nyak Dun (FNNND)
Effective date: February 14, 1995
- A total of 2,408.69 sq. km of land surface and sub-surface title; 2,330.99 sq. km of land surface title only, but including rights to material, such as sand and gravel.
- Financial compensation payments of $16,888,734 (1993 dollars) over 15 years.
- Specific commercial wilderness rights in commercial freshwater fishing, adventure travel and commercial freshwater sports fishing.
- A comprehensive economic plan that may include preferential employment and business initiatives for FNNND.
- Subsistence harvesting rights of moose, woodland caribou, fish, birds, etc.
- Agreement to enter into negotiations with government and Selkirk First Nation to establish the McArthur Wildlife Sanctuary.
- Representation on the Peel River Watershed Advisory Committee.
- Establishment of a habitat protection area at Horseshoe Slough.
- Participation in management of the Peel River watershed.
- Designation and management of a trading post on FNNND settlement land at Lansing as a historic site.
- Provisions to nominate the Bonnet Plume River as a Canadian Heritage River.
Teslin Tlingit Council (TTC)
Effective date: February 14, 1995
- A total of 1,230.24 sq. km of land with surface and sub-surface title; 1,165.49 sq. km of land with title in surface only, but including rights to material such as sand and gravel.
- Financial compensation payments of $21,646,715 (1993 dollars) over 15 years.
- Guaranteed participation in commercial freshwater and sports fishing, outfitting and commercial wilderness adventure travel; certain employment opportunities for work related to heritage sites, forestry and surveying.
- Specific moose harvest for subsistence needs.
- Primary consideration in allocation of freshwater fish resources in the traditional territory.
- Required approval for any proposed game farming or ranching activities in the traditional territory when TTC harvesting rights may be affected.
- Establishment of the Nisutlin River Delta National Wildlife Area and preparation of a joint management plan which considers traditional and current use by TTC.
- Rights to harvest wildlife and forest resources in the Nisutlin River Delta National Wildlife Area.
- Provisions for recognizing and protecting the heritage and cultural significance of several specific routes and sites and of the Nisutlin River Valley.
Vuntut Gwitchin First Nation (VGFN)
Effective date: February 14, 1995
- A total of 7,744.06 sq. km of land with surface and sub-surface title.
- Financial compensation payments of $22,234,780 (1993 dollars) over 15 years.
- Exclusive rights to all new big game outfitting concessions within VGFN traditional territory.
- All commercial salmon fishing licences and all commercial salmon sport licences in the Porcupine River drainage basin for 15 years; preferential rights afterward to any allocation of commercial and sport fishing salmon licences.
- Right of first refusal for commercial wilderness travel and commercial freshwater sport fishing in the Vuntut Gwitchin settlement territory.
- At least 50 percent of federal public service positions with the Vuntut National Park to be filled by VGFN members.
- First option to acquire business licences within Vuntut National Park.
- Specific moose harvest for subsistence requirements.
- Basic needs allocation of salmon in the Porcupine River drainage basin.
- Rights to subsistence level and harvesting in VGFN traditional territory.
- Establishment of Vuntut National Park, Fishing Branch Ecological Reserve and Old Crow Flats special management area.
- Provisions concerning the preparation of a land use plan before an all-weather road is constructed into the community of Old Crow.
- Provisions for the protection, ownership and management of heritage resources and designated historic sites.
- Joint ownership and management of Rampart House and Lapierre House historic sites.
Little Salmon/Carmacks First Nation (LSCFN)
Effective date: October 1, 1997
- A total of 2,598.46 sq. km of settlement land with title to the surface, including 1,533.99 sq. km of land for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $20,908,598 (1997 dollars) paid over 15 years.
- Certain preferential allocations of any new licences or permits for commercial freshwater fishing, commercial freshwater sports fishing, commercial wilderness adventure travel and outfitting concessions in the traditional territory.
- Specific formulas to set out the priority allocation for moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Establishment of the Nordenskiold Wetland HPA.
- A management plan for Mandanna Lake to be prepared jointly by government and LSCFN to address and balance priorities of harvest between First Nation and other users.
- Processes to enable cooperation between the First Nation and government in identifying and protecting heritage sites incorporated into the Final Agreement.
Selkirk First Nation (SFN)
Effective date: October 1, 1997
- A total of 4,739 sq. km of settlement land with surface title, including 2,408.69 sq. km for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $22,289,077 (1997 dollars) paid over 15 years.
- Certain preferential allocations of any new licences or permits for commercial freshwater fishing, commercial freshwater sports fishing, commercial wilderness adventure travel and outfitting concessions in the traditional territory.
- Negotiated arrangements for employment and contracting benefits associated with any construction and operation of a hydro-electric project at Granite Canyon.
- Specific formulas to set out the priority allocation for moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Establishment of the Lhutsaw Wetland and Ddhaw Ghro HPAs and development of an SMA for Ta'tla Mun Lake.
- Fort Selkirk designated as a historic site and jointly owned, planned and managed by SFN and Yukon.
Tr'ondëk Hwëch'in (TH)
Effective date: September 15, 1998
- A total of 2,598 sq. km of settlement land with surface title, including 1,554 sq. km for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $47,884,845 (1998 dollars) paid over 15 years, less outstanding negotiation loans.
- Establishment of Tombstone Territorial Park.
- Establishment of Tr'ochëk Heritage Site (also known as Klondike City) across the Klondike River from Dawson City.
- A special waterfront area scheme to provide for the protection of lands along the shores of sites of particular importance to the First Nation; TH to control those uses that are incompatible, such as people leaving refuse, visiting the sites without permission and removing artifacts.
- Specific economic opportunities in connection with the North Fork hydro-electric project.
- A working group established to make recommendations to the Minister and TH on habitat protection measures that may contribute to the growth of the Forty Mile caribou herd.
- The Forty Mile, Fort Cudahy and Fort Constantine historic site will be a designated heritage site and will be jointly owned and managed by TH and Yukon.
Ta'an Kwäch'än Council (TKC)
Effective date: April 1, 2003
- A total of approximately 777 sq. km of settlement land with surface title, including 338 square km for which there is ownership of mines and minerals in fee simple.
- Financial compensation: $26,947,080 (2002 dollars) paid over 15 years, less outstanding negotiation loans.
- Direct involvement as a government in a broad range of decisions about land and resources within its traditional territory.
- Unique provisions in the Final Agreement include the protection of the historical Livingstone Trail located northwest of Whitehorse; recognition of the earlier designation of the Yukon River Thirty Mile Section as a Canadian Heritage River; and the establishment of the Yukon River Watershed Working Group charged with protection and enhancement of Yukon River between Lake Bennett and Lake Laberge.
- An additional one-time payment of $3.5 million (2002 dollars) resulting from the Government of Canada's decision to re-index compensation dollars.
- Commitment by Canada to establish a unique $4.9-million-dollar (2002 dollars) economic development fund.
- Preferential fish and wildlife harvesting rights within the traditional territory.
- First Nation participation in decision-making affecting fish and wildlife and non-settlement land within the traditional territory through various Boards, committees and Councils.
Kluane First Nation (KFN)
Effective date: February 2, 2004
- A total of approximately 913 sq. km of settlement land with surface title, including 647.6 sq. km for which there is ownership of mines and minerals in fee simple.
- Financial compensation: $21,990,795 in compensation over the next 15 years, less outstanding negotiation loans, as well as an additional one-time payment of $2.9 million to re-index compensation dollars.
- Approximately $4.54 million one-time payment for economic development, training and education projects.
- Establishment of the Asi Keyi Park Natural Environment Park, which includes the Klutlan Glacier; an HPA at Pickhandle Lakes; and Tachal Region of Kluane National Park & Reserve.
- Specific rights for fish and wildlife harvesting, and economic and employment opportunities.
- Guaranteed wildlife harvesting rights and participation in decision-making bodies dealing with renewable resources management on non-settlement land within traditional territory.
Kwanlin Dün First Nation (KDFN)
Effective date: April 1, 2005
- A total of approximately 1,036 sq. km of settlement land with surface title, 35 sq. km of which is located inside the City of Whitehorse, including some waterfront land. Of the 1,036 sq. km of settlement land, 647.5 sq. km includes ownership of mines and minerals in fee simple.
- Financial compensation of $22,010,870 in net financial compensation paid over the next 15 years, as well as an additional one-time payment of $6.4 million to re-index compensation dollars.
- $5.67 million economic development fund to be used for economic development relevant training and education, and the cost of administering the fund.
- A lump-sum payment of $6 million under a Collateral Agreement for the settlement of outstanding litigation with respect to Lot 226, potential disputes arising from the 1986 relocation, and a contribution to KDFN's waterfront development.
- $100,000 towards KDFN's participation in the Whitehorse Fishway Redevelopment Project.
- New land-use planning initiatives that allow KDFN a more active role in joint land-use planning within its traditional territory.
- Creation of the Southern Lakes Wildlife Coordinating Committee.
- Establishment of Kusawa Park and the Lewes Marsh Wetland HPA.
Carcross/Tagish First Nation (CTFN)
Effective date: January 9, 2006
- A total of approximately 1,561 sq. km of settlement land with surface title, including 1,036 sq. km for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $38,832,045 in financial compensation paid over the next 15 years, less outstanding negotiation loans, with another $5.28 million to re-index compensation dollars.
- Economic Development Strategic Investment funding of approximately $5.6 million.
- Establishment of Agay Mene Natural Environment Park and Tagish River Habitat Protection Area.
- Specific rights for fish and wildlife harvesting and economic and employment opportunities.
- Guaranteed wildlife harvesting rights and participation in decision-making bodies dealing with renewable resources management on non-settlement land within the traditional territory.
Financial compensation payments
Chapter 19 of each Yukon First Nation Financial Agreement provides for capital transfer payments to the YFN on the anniversary of the signature date of its final agreement. The following settlement payments (net of negotiation loans) were made to YFNs.
|Fiscal year||Payments ($)||Fiscal year||Payments ($)|
* official pre-rounding
Appendix 5. Costs of implementation
These funds were allocated by Canada to CYFN and various Boards and committees for implementation purposes.
|Fiscal Year||Payments ($)||Fiscal Year||Payments ($)|
Appendix 6. Acronyms
|AJA||Administration of Justice Agreement|
|ARRC||Alsek Renewable Resource Council|
|BNA||Basic Needs Allocation|
|CAFN||Champagne and Aishihik First Nations|
|CATT||Champagne and Aishihik Traditional Territory|
|CTFN||Carcross-Tagish First Nation|
|CYFN||Council of Yukon First Nations|
|DDRRC||Dawson District Renewable Resource Council|
|DFO||Department of Fisheries and Oceans|
|DYRRC||Dän Keyi Renewable Resource Council|
|DRB||Dispute Resolution Board|
|FNNND||First Nation of Na-Cho Nyak Dun|
|HPA||Habitat Protection Area|
|INAC||Indian and Northern Affairs Canada|
|IRG||Implementation Review Group|
|IWG||Implementation Working Group|
|KDFN||Kwanlin Dün First Nation|
|KFN||Kluane First Nation|
|LCIS||Land Claims Implementation Secretariat|
|LSCFN||Little Salmon/Carmacks First Nation|
|MDRRC||Mayo District Renewable Resource Council|
|MOU||Memorandum of Understanding|
|NYPC||North Yukon Planning Commission|
|NYRRC||North Yukon Renewable Resource Council|
|PSTA||Programs and Services Transfer Agreement|
|PWGSC||Public Works and Government Services Canada|
|PWPC||Peel Watershed Planning Commission|
|RRC||Renewable Resource Council|
|SEIBA||Socio-Economic Impact Benefit Agreement|
|SFAC||Senior Financial Arrangements Committee|
|SFN||Selkirk First Nation|
|SGYFN||Self-Governing Yukon First Nation|
|SMA||Special Management Area|
|SRRC||Selkirk Renewable Resource Council|
|TKC||Ta'an Kwäch'än Council|
|TPC||Training Policy Committee|
|TRRC||Teslin Renewable Resource Council|
|TTC||Teslin Tlingit Council|
|UFA||Umbrella Final Agreement|
|UFA IP||Umbrella Final Agreement Implementation Plan|
|VGFN||Vuntut Gwitchin First Nation|
|YEC||Yukon Enrolment Commission|
|YESAA||Yukon Environmental and Socio-Economic Assessment Act|
|YESAB||Yukon Environmental and Socio-economic Assessment Board|
|YFN||Yukon First Nation|
|YFWMB||Yukon Fish and Wildlife Management Board|
|YGPNB||Yukon Geographical Place Names Board|
|YHRB||Yukon Heritage Resources Board|
|YLUPC||Yukon Land-Use Planning Council|
|YSRB||Yukon Surface Rights Board|
Appendix 7. Map of Traditional Territories
Traditional territory map of:
- Champagne and Aishihik First Nations, (Haines Junction)
- First Nation of Nacho Nyak Dun, (Mayo)
- Vuntut Gwitchin First Nation, (Old Crow)
- Teslin Tlingit Council, (Teslin)
- Little Salmon/Carmacks First Nation, (Carmacks)
- Selkirk First Nation, (Pelly Crossing)
- Tr’ondëk Hwëch’in, (Dawson)
- Ta’an Kwach’an Council, (Whitehorse)
- Kluane First Nation, (Burwash Landing)
- Kwanlin Dun First Nation, (Whitehorse)
- Carcross/Tagish First Nation, (Carcross)
Compiled by DIAND, Claims and Indian Government Yukon Region; September 2002.
From maps provided by the First Nations Referenced in the Umbrella Final Agreement.