This website will change as a result of the dissolution of Indigenous and Northern Affairs Canada. Consult the new Crown-Indigenous Relations and Northern Affairs Canada home page or the new Indigenous Services Canada home page.
This website will change as a result of the dissolution of Indigenous and Northern Affairs Canada. Consult the new Crown-Indigenous Relations and Northern Affairs Canada home page or the new Indigenous Services Canada home page.
This Web page has been archived on the Web. Archived information is provided for reference, research or record keeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
PDF Version (725 Kb, 47 Pages)
Raven-Frog and Human, 2003
Keith Wolf-Smarch (Sha-Koon)
Sha-Koon (mountain bird) is a member of the Eagle-Killer Whale Clan of the Tagish-Tlingit Nation. Keith began carving on his own in the early 1980's by studying books and producing ivory and bone jewellery. In 1984 Keith met and began to study under renowned Tahltan-Tlingit master carver Dempsey Bob.
In 1988, Keith spent 3 months in Japan studying wood-carving techniques under Haruki Fujii, and has been teaching carving since 1986. In 1998, Keith was the lead carver on a red cedar dugout canoe project at the MacBridge Museum in Whitehorse, Yukon, resulting in a 32-foot dugout canoe. In 2000, Keith was commissioned to carve a speaker's podium for the Legislative Building of the newly-formed Government of Nunavut. In 2001, Keith presented H.R.H Prince of Wales with a "Raven-Tranforming" mask. Also this year, along with Stan Bevan, Keith carved five clan house posts for the Tlingit Heritage Centre in Teslin Yukon-the first traditionally-raised inland Tlingit poles in the Yukon. Keith's masks, panels and poles can be found in national and international collections.
I am pleased to present the seventh annual report of the Yukon Land Claim Agreements. This report notes that there have been enormous changes in Yukon. I am especially pleased that many partnering approaches have emerged as a means of addressing a wide range of management issues. Moreover, major advances have been made by self-governing Yukon First Nations in the implementation of their self-government agreements.
This annual report is based on the implementation of the agreements for the Champagne and Aishihik First Nations, Teslin Tlingit Council, First Nation of Nacho Nyak Dun, Vuntut Gwitchin First Nation, Little Salmon/Carmacks First Nation, Selkirk First Nation and Tr'ondëk Hwëch'in. All of these First Nations, as well as the governments of Yukon and Canada, and other implementing bodies, have contributed to this report.
The Honourable Andy Mitchell
Minister of Indian Affairs and Northern Development
Yukon is home to 14 individual First Nations representing about 8,250 Yukon Indians (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, the CYI changed its name to the Council of Yukon First Nations (CYFN).
In 1989, the governments of Canada and Yukon and the CYI reached an agreement-in-principle (AIP) which became the basis for the Council for Yukon Indians Umbrella Final Agreement (UFA). Shortly after the conclusion of the agree-in-principle, the parties agreed that, rather than a single, territory-wide agreement, individual final agreements embodying the provisions of the UFA would be concluded with each of the 14 Yukon First Nations.
On May 29, 1993, representatives of CYI, Yukon and Canada signed the UFA. On the same date, final agreements incorporating the UFA and the selfgovernment agreements were signed between each of the Teslin Tlingit Council (TTC), the Champagne and Aishihik First Nations (CAFN), the Vuntut Gwitchin First Nation (VGFN) and the First Nation of Nacho Nyak Dun (NND), and the governments of Yukon and Canada.
Enabling legislation in the form of the Yukon First Nations Claims Settlement Act and the Yukon First Nations Self- Government Act received assent on July 7, 1994. The Yukon Surface Rights Act, an essential companion piece of legislation, received assent on December 15, 1994. February 14, 1995 was established by the Governor in Council as the effective date of the Yukon Surface Rights Act, the land claim and self-government settlement legislation and the first four Yukon First Nations self-government agreements.
The Little Salmon/Carmacks First Nation (LSCFN) and the Selkirk First Nation (SFN;) Final Agreements and Self-Government Agreements were signed on July 21, 1997. The agreements took effect October 1, 1997. The Tr'ondëk Hwëch'in (TH) Final Agreement and Self-Government Agreement were signed on July 16, 1998 and came into effect on October 1, 1998.
The seven Yukon First Nations with self-government agreements comprise about 5,236 beneficiaries. Under these final agreements, they received a total of 27,291 square kilometres in settlement lands of which 18,130 square kilometres include ownership of mines and minerals. They will also receive financial compensation payments of $133,879,622 (1989 dollars) to be paid over 15 years.
Negotiations toward final and self-government agreements with the remaining Yukon First Nations were ongoing during 2001-2002.
The UFA Implementation Plan and the Yukon First Nations Final Agreement Implementation Plans require each party to name a representative to act on its behalf in resolving implementation issues. While there is no requirement in the agreements for a formal committee, in 1994 the parties resolved to establish the ImplementationWorking Group (IWG) to monitor the implementation of the agreements and to address implementation issues. The IWG consists of representatives of the seven self-governing Yukon First Nations, CYFN, Yukon and Canada.
During 2001-2002, the IWG followed up on some of the issues identified in the Five-Year Review of the first four final agreements and UFA Implementation Plans (completed in 2000-2001) including:
Other activities included the following:
Planned activities for 2002-2003 include:
The Dispute Resolution Board (DRB) was established to provide a comprehensive resolution process for disputes arising from the interpretation, administration or implementation of settlement agreements or settlement legislation, and to facilitate the out-of-court resolution of disputes in a non-adversarial and informal atmosphere. The Board consists of three members jointly selected and appointed by the CYFN, and the governments of Yukon and Canada.
The DRB continued to work on its objectives with an emphasis on communications and education/training issues to increase awareness of the Board and its mandate. This included the development of an information pamphlet.
The DRB continued to review and develop policies and procedures to assist with its operation and the resolution of disputes. A roster of mediators and arbitrators was established to facilitate disputes presented to the Board.
In July 2001, the DRB facilitated the mediation of a trapline concession dispute.
The Enrollment Commission was established under the provisions of the UFA on July 1, 1989. Settlement legislation gives the Commission the power to determine eligibility for enrollment, to hear and adjudicate any appeal respecting enrollment and to provide for the enforcement of any order or decision. The Commission is also mandated to assist enrollment committees of Yukon First Nations in carrying out their responsibilities. It is an independent body operating at arm's length from the parties to the land claim settlement agreements. The Commission will act until dissolution as per section 3.10.4 of the UFA, which states that it will operate for 10 years from the settlement legislation effective date of February 14, 1995, or for two years after the last final agreement with a Yukon First Nation is signed, whichever occurs first. At dissolution, the Commission will turn over all documents and records to the DRB.
The Enrollment Commission has three commissioners and their alternates. One commissioner and alternate are nominated by the CYFN, one commissioner and alternate are jointly nominated by the governments of Yukon and Canada, and the third commissioner and alternate are chosen by the other two nominees. The threeyear appointments are made by the Minister of Indian Affairs and Northern Development.
Copies of Enrollment Commission appeals, and policies and procedures were provided to the chiefs and councils of the Yukon First Nations, to enrollment committees and to the three parties to the UFA.
In accordance with Chapter 3 of the UFA, individuals applying for Yukon land claims enrollment contact the relevant self-governing Yukon First Nation directly:
The Ta'an Kwäch'än Council Final Agreement was signed on January 13, 2002; however, it will not assume the responsibilities of enrollment until January 13, 2004. Individuals applying for land claims enrollment can apply to the TKC directly or to the Commission. In 2001-2002, the TKC enrollment population was 423 with 10 pending applications.
The Commission liaises with the Yukon Post-Adoption Unit to ensure eligible adoptees are enrolled. Enrollment application forms are provided to the Whitehorse General Hospital maternity ward. Yukon provides birth and death extracts of status registered First Nations to assist with the enrollment process.
The Post-Adoption Unit also liaises with other governments in Canada. However, adoption agencies outside Yukon do not communicate with the Enrollment Commission to enroll eligible adoptees.
The Commission assists the Yukon First Nations and Indian and Northern Affairs Canada (INAC) with the ratification of enrollment lists as required. The Commission's Web site contains enrollment application forms and information on how to enroll, including enrollment criteria.
The Yukon Fish and Wildlife Management Board (YFWMB), the primary instrument for the management of fish and wildlife in Yukon, is mandated to make recommendations on all issues related to fish and wildlife management, legislation, research, policies and programs. The Yukon Minister of Renewable Resources appoints the 12-member board, consisting of six nominees by the CYFN and six by Yukon.
A report from the YFWMB was not available for this publication.
The Yukon Geographical Place Names Board (YGPNB), established under the UFA, is responsible for considering and recommending to Yukon the possible naming or renaming of places or features located within Yukon, excluding highways, municipalities, parks or waterways originating from parks.
During 2001-2002, six members were appointed by the Yukon Minister of Tourism for three-year periods, following the nomination of three individuals by the CYFN and three by Yukon.
The Board held two meetings during the 2001-2002 fiscal period, and continued to process the current backlog of 145 place name applications. Each reviewed application was assessed for its completeness, accuracy and significance to the proposed place name, and its relevance to the history and culture of Yukon. The Board requested clarification on the status of three place name rescindments, and additional information on a submitted place name proposal, before making a recommendation to the Yukon Minister of Tourism.
The Board also continued to document place names by taking photographs of place name sites within Yukon.
The Yukon Heritage Resources Board (YHRB) was established in March 1995, as one of the bodies required under the terms of the UFA and the enabling settlement legislation. This Board makes recommendations to the federal and territorial ministers responsible for heritage and to each Yukon First Nation regarding the management of Yukon and First Nation heritage resources. It focusses on moveable heritage resources (objects) and sites. The YHRB must consider ways to use and preserve First Nation languages and the traditional knowledge of Yukon Indian Elders.
The YHRB consists of 10 representatives from across Yukon, including five CYFN appointees and five appointees of the Yukon Government. One member appointed by Yukon must be acceptable to the Government of Canada. Four members were reappointed and five new members were appointed in April 2001. A new chair was chosen in June 2001. During the year, four board meetings were held, and subcommittees met a number of times to review and develop policies on Yukon heritage issues. The Special Projects Committee was created in September 2001 to review and comment on development of criteria for the designation of Yukon historic sites, and review the government's proposed museum strategy and the draft Tombstone Park management guidelines.
One priority for the Board in 2001-2002 was the completion of the development of criteria and a process for the evaluation of historic sites nominated for territorial designation. Such criteria will help the Board make recommendations about designation.
The YHRB consulted with individuals, governments, First Nations, communities and interest groups throughout the course of the project. Public consultation included open houses in Whitehorse, Old Crow and Pelly Crossing, meetings with the Carcross/Tagish Elders' Council and the TKC, a presentation to the annual general meeting of the Yukon Historical and Museums Association in Mayo and meetings with the Tr'ondëk Hwëch'in and the Dawson City Museum and Historical Society.
In November 2001, the YHRB hosted the Yukon Historic Sites Designation Workshop at Taylor House. The Workshop involved a presentation and question-and-answer session. It was very well attended with representatives from the City of Whitehorse, the Yukon Department of Tourism, Parks Canada, CYFN, YGPNB, Miles Canyon Historic Railway Society and the TKC.
The Board recommended in February 2002 that Yukon adopt the final drafts of the Yukon Historic Sites Nomination Form and the Guide to the Historic Site Nomination Form.
Another priority for the Board was the completion of the text for the Adäka Heritage Proceedings. The Board selected a design firm to edit the text, design the layout and print 500 copies of the proceedings.
Other activities during this period included:
Established February 14, 1995, the Yukon Land Use Planning Council (YLUPC) provides recommendations to governments and each affected Yukon First Nation with respect to land use planning. These recommendations include issues relating to internal policies, goals and priorities, terms of reference for each regional land use planning commission and the boundaries of each planning region.
The YLUPC has three members, nominated by the CYFN, Yukon and Canada. The Minister of Indian Affairs and Northern Development appoints the nominees to the Council.
The YLUPC has been making consistent progress in its implementation activities over the past few years. Key areas include improving inter-agency relationships, clarifying its roles and responsibilities in implementation, and defining the type of assistance to be provided to regional planning commissions and the parties to the final agreements.
During 2001-2002, the Council's role in implementation was largely administrative with respect to commissions, and mainly political with respect to co-ordinating the parties to the final agreements. The Council began defining the common land use planning process that will be used in Yukon. In coming years, this work will continue, moving from the conceptual to the practical as commissions enter the planning stages of their work.
Board and staff members attended a variety of workshops, meetings and conferences throughout the year. The Council made presentations at the annual general assemblies of the CYFN, TTC, NND and LSCFN and toured the Northern Tutchone region to meet with First Nations. As well, the Council attended and participated in the Canadian Institute of Planners annual conference in Ottawa, the Far North Oil and Gas conference in Calgary, the Yukon Geoscience Forum, the Yukon Outfitter's Association annual general meeting, the Muskwa-Kechika Management Area Workshop in Fort St. John and Cordilleran Round-Up in Vancouver, the Arctic Borderlands Ecological Co-op annual workshop in Fort McPherson, the Peel River Watershed Summit in Whitehorse, the Third Annual CYFN Oil and Gas Summit in Whitehorse and INAC's Cumulative Effects Workshop.
The Council undertook a strategic planning exercise in November 2001 to examine the crucial tasks and relationships in fulfilling its mandate under the UFA. The Strategic Plan was completed in February 2002 and is available from the Council office. The Plan addresses the six main areas of the Council's mandate:
Chapter 11 of the UFA provides a significant tool for the Council to fulfill its mandate by facilitating communication and relationships among groups involved in land use planning. These groups can include governments and First Nations as parties to the final agreements, Regional Land Use Planning Commissions (RLUPCs) and other organizations interested and involved in land use planning.
During the year, a Council focal point was interagency relationships, specifically, how the parties to the final agreements, the Council and the RLUPCs relate to one another when implementing Chapter 11. The Council worked closely with the Technical Working Group for the North Yukon Land Use Planning Commission (NYLUPC) to better define the roles and responsibilities of each government and the Council in supporting and overseeing the activities of RLUPCs. The Council also produced a short document on relationships which resulted from its strategic planning exercise.
The Council provided assistance to two RLUPCs: the NYLUPC and the Teslin Planning Commission.
The Council assisted directly with the NYLUPC financial audit, an issues-gathering workshop, annual report, and financial and office administration. The Council assumed responsibility for the Commission's bookkeeping and staff supervision in September 2001, when the Commission's funding was suspended. The Council subsequently prepared a new work plan for 2002-2003 to obtain funding on behalf of the Commission.
The Council organized the initial Teslin Planning Commission annual meeting in December 2001. At this meeting, the Council and Commission participated in an introductory consensus-building workshop. The Council also attended meetings of the Teslin Planning Commission to assist with its work plan, budget and precise terms of reference.
The Yukon Salmon Sub-Committee, which has informally adopted the name Yukon Salmon Committee (YSC), is a public advisory body established in 1995 under Chapter 16 of the UFA to act as "the primary instrument of salmon management in Yukon." In this capacity, YSC makes recommendations to the Minister of Fisheries and Oceans Canada and to Yukon First Nations on all matters relating to salmon and salmon habitat. These recommendations may take the form of research, legislation, policies or programs.
The YFWMB, Minister of Fisheries and Oceans, and First Nations of the Alsek, Porcupine and Yukon River drainage basins each nominate two members to the YSC. Committee Members are knowledgeable about sport, commercial, domestic and First Nation fisheries, and come from many different areas throughout Yukon.
The UFA requires the majority of Canadian representatives on the Yukon River Panel (which was established under the Yukon River Salmon Agreement between Canada and the United States) to be YSC members.
The YSC is mandated under the UFA to participate as members of the Yukon Panel, which was established as part of the Pacific Salmon Treaty between Canada and the United States. In 2001-2002, YSC members met with their American counterparts on the Yukon Panel to discuss management issues for the Yukon River drainage basin.
The YSC is mandated to make recommendations relating to Yukon salmon habitat. It dealt with numerous habitat issues affecting Yukon salmon, including water licences, Yukon Placer Authorization, the United Keno Hill mine, Dawson City sewage, the BYG mine, fuel spills, the Viceroy mine, the Ketza mine, land use planning, the Anvil Range mine, the Dublin Gulch mine, the Yukon Mineral Strategy, the Yukon Waters Act, the Yukon Queen II, the Yukon Quartz Mining Act, abandoned mine site reclamation, oil and gas issues, the Yukon Protected Areas Strategy (YPAS), the proposed Yukon Environmental and Socioeconomic Assessment Act (YESSA) process, mining regulations, fuel storage regulations and Fisheries Act compliance and enforcement policy.
The YSC is also mandated under the UFA to make recommendations on the content and timing of salmon harvesting and management plans. In an effort to streamline the process of developing integrated fisheries management plans (IFMPs) for salmon in Yukon drainage basins, and to provide an opportunity for more meaningful input into the plans, the YSC established IFMP working groups for the Yukon, Porcupine and Alsek rivers. These working groups are composed of representatives from commercial, sport, domestic and Aboriginal fisheries, First Nations, the YSC, the RRCs and Fisheries and Oceans Canada.
The YSC continued to advise stakeholders of issues of concern through the following avenues:
The 2001-2002 year marked the seventh and final year of the Yukon River Drainage Basin Harvest Study. The Study was initiated in 1996 under UFA section 16.10.3. and may be extended for up to two additional years, as there were a number of years where weak run strengths necessitated closures in the Aboriginal fishery. Funding for additional years of the Study has not been confirmed. The Basic Needs Allocation for salmon for Yukon River First Nations will be negotiated following the completion of the Study. Members, of the YSC, in partnership with Fisheries and Oceans Canada, make up the Steering Committee, which directs and oversees the Study.
The YSC partnered with Fisheries and Oceans Canada to oversee the Habitat Conservation and Stewardship Program in Yukon. Through a joint management team of YSC members and Fisheries and Oceans staff, eight habitat stewards work in communities throughout the Yukon on watershed management planning and habitat protection activities. The program was invaluable in strengthening partnerships and improving community capacity. It is one of the most successful programs in the Pacific region and is viewed as a model for other jurisdictions.
As described in the UFA, the YSC is mandated to make recommendations to the Minister of Fisheries and Oceans and to Yukon First Nations "on all matters related to salmon, their habitats and management, including legislation, research, policies and programs." Additional issues and initiatives of the YSC involved:
The Yukon Surface Rights Board (YSRB) was established on June 2, 1995 to manage disputes regarding surface rights that fall within its jurisdiction. The Board is a quasi-judicial tribunal that hears and renders decisions on access disputes between surface and sub-surface rights holders in Yukon. The Board may hear applications on a variety of surface rights issues including those specific to YFN settlement lands, such as disputes involving access, specified substance, quarry and expropriation rights as they relate to the YSRB's legislative jurisdiction. Its principal area of jurisdiction is on Category A and B settlement lands as outlined in the UFA.
The Yukon Surface Rights Board Act and the Board's rules of procedure guide the administration of the Board. The Board may have up to 10 members and a chairperson. Half the members are nominated by the CYFN and half by Canada. The Chair is appointed by the Minister of Indian Affairs and Northern Development on the recommendation of board members.
During the year, the Board held regular meetings, filed a decision from one hearing, attended conferences and training, began in-depth review of the Board's rules and bylaws, reviewed applications and responded to informal inquiries.
The YSRB maintained its Web site (www.yukonsurfacerights.com), produced and distributed its annual report, and attended numerous public functions and meetings with other Yukon boards and committees. The YSRB maintains an office in Whitehorse which hosts a reading room for viewing the Board's public records. The Board worked to revise its communication and presentation material, which is due to be completed in 2002-2003.
The YSRB participates in industry-focussed activities to disseminate information on the Board's mandate and procedures. This includes participation and provision of an exhibit in the Geoscience Forum (sponsored by the Yukon Chamber of Mines). As well, the Board attended the Canadian Aboriginal Mineral Association's Tapping Aboriginal Resources Conference and the CYFN's Third Annual Oil and Gas Summit.
The Board was available to visit Yukon First Nations communities on request. The visits promotes liaison between First Nation governments and the YSRB, and provide information and guidance with regard to the Board's legislation and procedures. The Board attended First Nation industry-related functions, and provided each First Nation and the UFA boards and councils with a copy of its annual report.
The Board was in regular contact with all levels of government, attended board and committee meetings and workshops, and made submissions to the Federal Privacy Commission.
Board members attended the annual British Columbia Council of Administrative Tribunals conference on administrative law.
The Board issued an Order and Reasons for Decision to close File YSRB2000-3001 on April 6, 2001. This dispute was between the City of Whitehorse and Norwest Enterprises with respect to the amount of security set down by the Whitehorse Mining Recorder for Norwest's claims at the Whitehorse landfill site. The Order and Reasons for Decision may be viewed on the Board's Web site.
The Board received a number of inquiries, but no new applications were received and accepted during 2001-2002.
The following activities are planned:
The Training Policy Committee (TPC) consists of five representatives: three nominated by the CYFN and one each by the governments of Yukon and Canada. Under UFA Chapter 28, the Committee's mandate is to deal with training matters resulting from land claim agreements. The Committee ensures that Yukon First Nations beneficiaries obtain the necessary training to implement land claim agreements and to participate fully in economic opportunities arising from the agreements. It is also responsible for establishing training programs for the First Nations, and for developing guidelines for the expenditure of money from the YIPTT.
Under UFA implementation plans, the TPC should work with the chairs of the UFA boards, committees and councils to help ensure board effectiveness and the availability of crosscultural awareness training as needed. To this end, the TPC worked with representatives of these boards, committees and councils to design and deliver a five-day pilot workshop in April 2001. This successful training activity included three modules: UFA familiarization, board effectiveness and crosscultural awareness.
As a follow-up to this pilot workshop, the TPC has been exploring the potential for developing a common curriculum on board effectiveness for both UFA boards and non-profit organizations. Discussions with Yukon College, the Yukon Volunteer Bureau and other UFA boards and committees have been initiated.
With the support of the Yukon Staff Development Branch, the TPC also co-ordinated a two-day workshop in March 2002 for UFA boards and committees on First Nations history, culture and agreements. In the same month, information was circulated to UFA boards and committees on other board training opportunities offered by the Yukon Aboriginal Women's Council.
In October 2001, the TPC hosted a three-and-a-half-day Aboriginal investment workshop involving over a dozen resource people from at least nine investment firms. Over 40 Yukon First Nations participants attended. The workshop covered diverse topics including setting up an investment committee, selecting and managing an investment manager, drafting spending, funding and investment policies, and educating communities on investment issues.
In the past year, the TPC established a strong planning and communications framework for the organization. A twoday strategic planning session was held in the fall of 2001 and a new work plan developed which outlines the TPC's activities for the next few years.
The communications strategy was updated and emphasizes the organization's need to strengthen communications with First Nations and the public.
To help meet this goal, the TPC published three informative newsletters in June and December 2001, and March 2002. It also launched a Web site and produced a new TPC information pamphlet. An annual report and audit for the year was produced as required under the UFA.
In March 2002, the TPC began a series of meetings with each Yukon First Nation to update them on TPC activities and to learn about their training priorities for the next three years. This consultation and the associated questionnaire were the first steps in developing a new generic training plan. This plan will help direct TPC spending of up to half of the annual interest of the YIPTT. The other half will be reinvested in the Trust to support long-term training.
The TPC continued to network with other groups and committees. For example, as a member of the Interagency Training Group, the TPC keeps in touch with the training initiatives and funding programs of other governments, organizations and businesses. It also provides an opportunity to develop new partnerships. In addition, the TPC strengthened communications with the IWG to ensure it knows of TPC activities and the financial barriers the organization faces.
The YIPTT is a $6.5 million trust established in 1995. Members who serve on the TPC also serve as trustees. At the end of the 2001-2002 fiscal year, the YIPTT's value stood at $7,679,667.
Members of the TPC worked to amend the YIPTT's Indenture Agreement, which sets out the legal framework for the Trust and specifies the types of investment the Trust can or cannot make. A key focus of the amendments was to broaden the types of investments. As part of the amendment process, the TPC worked with the Parties to the UFA for approval. In anticipation of changes to the Indenture Agreement, the TPC drafted new spending, funding and investment policies for the Trust. These policies will be completed once the amendments to the Indenture Agreement receive approval.
The TPC clarified its position on whether or not the First Nation allocations that remain in the Trust earn income. It was decided that all allocations have been earning interest since 1995. Further to this, the specific amounts earned by each First Nation are being calculated.
To assist those First Nations with allocations still available for training use, new training plan guidelines were developed to clarify the information required from a First Nation for the TPC to make a decision on releasing an allocation. These guidelines can also serve as a template to assist First Nations in identifying key training needs and designing approaches to meet those needs. The guidelines will be continually updated.
The Yukon Water Board (YWB) was in existence at the time of the land claims settlement. The Board is responsible for the development, conservation and use of waters in Yukon in a manner that will benefit all Canadians, and Yukoners in particular. The UFA sets out several provisions with respect to water management in Yukon, and these same provisions have been reflected in the specific agreements signed to date. The CYFN nominates one third of the members of the Board, and appointments are made by the Minister of Indian Affairs and Northern Development.
A report from the YWB was not available for this publication.
Planning continued in the following areas. The Alsek Renewable Resources Council (ARRC) continued to collect traditional, local and scientific information to incorporate into the Dezadeash Lake Management Plan. Local knowledge was collected through interviews, questionnaires and a traditional knowledge workshop. Partners in the planning process include the CAFN, Kluane National Park, Kluane Park Management Board and Yukon. This planning was funded through assistance from the Yukon Fish and Wildlife Enhancement Trust.
Development of a forest management plan for the CAFN traditional territory progressed steadily. The ARRC assumed responsibility for drafting the content of the plan and frequently consulted with the core steering group, composed of ARRC, CAFN, Yukon and INAC representatives. A facilitator was contracted to draft the plan. Annual funding through INAC covered the expenses.
As partners to the Aishihik Integrated Wildlife Management Plan, the ARRC participated in several winter meetings on caribou management in the Aishihik region. The Council recommended to the Yukon Minister of Renewable Resources that a conservative permit hunt for bull caribou be opened in 2002. To ensure the herd remains stable, the Council also recommended a complete census of the herd in 2002-2003. The Council worked to promote local wolf trapping in the Aishihik region directed to reducing predation on the caribou herd.
The ARRC continued to participate in implementation of the Alsek Moose Management Plan.
The ARRC reviewed water use permit applications as needed throughout the year. The Council participated as an intervener in the Aishihik hydro-electric facility relicensing process. Several major lakes, which provide fish and wildlife habitat in the CAFN traditional territory, have been heavily affected by the dam, so input into the biological monitoring aspects of the new licence was prioritized by the Council.
The Council met with three outfitters with concessions in the Aishihik region to discuss their caribou quota for 2002. The Council stood by its recommendation that 25 percent of the non-First Nations harvest should go to outfitters.
The Council regularly reviewed land use permit applications throughout the year and participated as needed during Federal Territorial Lands Advisory Committee meetings.
As the ARRC develops greater capacity and becomes more widely recognized as a valuable management body for providing local input, government agencies will rely more heavily on the Council for input on both local and territorial management issues. The ARRC participated in the following activities during 2001-2002:
A greater requirement for meetings, consultation and communication by the ARRC has been attributed to increased awareness of the RRCs by CAFN traditional territory residents, a heavier reliance on RRCs by government, and a need for the ARRC to ensure adequate monitoring systems are in place in the CAFN traditional territory.
The Mayo District Renewable Resources Council (MDRRC) continued to review and revise its draft Standard Operating Guidelines for Renewal and Allocation of New, Vacant and Under-Utilized Traplines. It is anticipated that these guidelines will be completed in 2002- 2003.
To assist the MDRRC in prioritizing its activities, the ideas and opinions of residents of Mayo and the surrounding area were collected through a questionnaire on moose and caribou management, fish management, harvesting, trapping, habitat, forestry and public education. Participants were asked to rate the topics as a high, medium or low priority. The results were then summarized and distributed to the public.
In conjunction with the Canadian Parks and Wilderness Society, the MDRRC began developing a brochure for the Wind, Snake and Bonnet Plume rivers. This brochure will increase public awareness of the rivers and the pristine wilderness of the surrounding area.
The MDRRC, NND and Yukon collaborated on a community-based fish and wildlife management plan. A public meeting was held March 7-8, 2002 to review the plan, and more community reviews are expected to be held in 2002-2003. Action items from the March 2002 review included:
The MDRRC reviewed 16 permits in the following areas: water board (six), land use (seven), agriculture (one) and Crown land (two).
The North Yukon Renewable Resources Council (NYRRC) is the primary instrument for renewable resources management in the VGFN traditional territory.
The process of creating a management plan for Vuntut National Park continued. The plan represents an agreement between the VGFN, the NYRRC and Parks Canada. The scope of the plan includes public access and activities, commercial tourism, research, and the use of snowmobiles and firearms in the Park.
The Nii'inlii'jik Wilderness Preserve and Habitat Protection Area (HPA) planning process was completed in September 2001. Representatives from industry, tourism, environmental organizations, the VGFN, Yukon and the NYRRC were involved.
A muskox management workshop was held by the Wildlife Management Advisory Council (North Slope) in Aklavik, Northwest Territories in October 2001. Participants included user and stakeholder groups from Yukon and the Northwest Territories, such as hunter and trapper committees, government departments, Aboriginal groups and RRCs. At the workshop, a maximum of 17 animals (five percent of the population) was proposed for harvesting, of which two could be taken from the VGFN traditional territory.
Parks Canada and Yukon have been collaborating on muskox surveys in the North Yukon, mainly in Ivvavik and the north portion of Vuntut National Park. Annual surveys over the next three years have been proposed.
The Porcupine Caribou Management Board held a series of meetings to review caribou hunting regulations along the Dempster Highway. The NYRRC also worked with the VGFN to survey Old Crow residents and solicit public opinion regarding hunting on the Dempster. Consensus was reached on two issues: a shortened season for non- Aboriginal hunters and a voluntary closure of the cow harvest. Consensus was not reached on the use of snowmobiles, a 500 metre no-hunting corridor, harvesting during the rut and closing areas at certain times of the year to let the leaders of the herd pass.
The North Yukon Fish and Wildlife Management Plan identifies key issues in the VGFN traditional territory and recommends activities to address these concerns. After a two-year planning process involving the NYRRC, the VGFN and Yukon, the plan was completed in 2001.
The management planning process for the Crow Flats Special Management Area (SMA) started again in November 2001, but stalled in early 2002.
The YPAS process continued during 2001-2002. A minimum core area of 2,422 square kilometres west of the Dempster Highway was selected by Yukon, and an area of interest was identified around this core area. The government solicited comments only on the small area of interest. The NYRRC expressed concern regarding the openness of the process and the failure of the minimum core area to protect the headwaters of Eagle River.
Recommendations by the NYRRC included the following:
Other projects with involvement by the NYRRC included:
The Dawson District Renewable Resources Council (DDRRC) is an integral part of the implementation of the Tr'ondëk Hwëch'in Final Agreement signed July 16, 1998.
The Dempster Check Station has operated every year on the Dempster Highway since 1985. The main objective of the Station is to document the caribou harvest on the highway during the peak fall hunting season and to provide information to highway travellers and hunters. The DDRRC remains an active partner with Yukon in the operation of the Station by helping with the administrative tasks. Each survey completed and returned to the Yukon Department of Renewable Resources was automatically entered into a draw for $400 worth of gas.
The Station is a useful way for the DDRRC to gather input on hunting regulations and harvest figures. Another station set up at the north end of the highway would allow the gathering of additional information on harvests and hunter feedback.
Over the past few years, the DDRRC documented numerous concerns of community members regarding the operation of the Yukon Queen II, a vessel travelling the Yukon River between Dawson City, Yukon and Eagle, Alaska.
In July 2001, the Council formed a stakeholders working group consisting of representatives from Holland America, the Dawson City Chamber of Commerce, the TH, the Klondike Visitors Association, the Yukon River Commercial Fishers Association, the YSC and the DDRRC.
The working group's terms of reference address navigation and safety issues, and the environmental effects of the vessel. Specific environmental effects include accelerated bank erosion of the Yukon River and the impact on migrating fish fry. The working group is tasked with finding community-based solutions for these concerns. During 2001-2002, the working group met on a regular basis, including months when the Yukon Queen II did not operate.
During 2002-2003, the working group plans to host public forums to document community input as well as deliver updates on commitments made by stakeholders.
As laid out in the Tr'ondëk Hwëch'in Final Agreement, the DDRRC is responsible for reviewing the use of traplines and for making recommendations to appropriate governments on the (re) assignment of all new, vacant and under-utilized traplines.
The DDRRC formed a working group to develop trapline allocation guidelines using the final agreement objectives as a template. Members of the working group include representatives from the TH, local trappers, Yukon and the DDRRC.
The working group is finalizing a report of recommendations to present to the Council for approval, before submissions to the appropriate governments.
On May 29, 2001, the DDRRC hosted the follow-up meeting to the annual workshop held in Dawson City in 2000-2001. Discussions included the Wildlife Act (and its review), moose harvest management, the YPAS, traplines, oil and gas development, and RRC implementation and administration. As a result, the RRCs and the YFWMB submitted a formal recommendation to Yukon on the disposition process for oil and gas activities.
On August 27-29, 2001 the Selkirk RRC hosted the annual meeting at Fort Selkirk. The meeting focussed on the improvement of relationships with First Nations governments.
Yukon Premier Pat Duncan attended, at which time the RRCs brought forward concerns over oil and gas development in Yukon (in particular, the disposition process), frustrations with the government taking too long to appoint members, resulting in delays in the community recommendation processes, and serious frustration over the minimal funding provided to councils from Yukon in comparison to the increased responsibilities assigned to RRCs by government.
During the last day of the meetings, an update was provided by the Association of Yukon Renewable Resources Councils (AYRRC), which has the sole mandate of forming a template for the RRCs to use in forestry management planning. After indicating that work on forest policy issues was close to completion, the AYRRC sought future direction. It was decided that once its work is complete, the AYRRC would disband until all councils agree on another territory-wide issue that affects individual traditional territories. The next annual meeting of the RRCs is scheduled for November 2002, to be hosted by the Carmacks RRC. Reports from the Selkirk, Carmacks and Teslin RRCs were not available for this publication.
Under the UFA, each First Nation final agreement establishes a Settlement Land Committee to make recommendations for surveying settlement lands, including site-specific selections, survey priorities and Special Management Area boundaries. Each committee consists of two members appointed by government and two appointed by the First Nation. The Surveyor General of Canada appoints a representative to chair the committee.
Activities of the VGFN during 2001-2002 centred on finetuning the delivery of essential programs in Old Crow, refining governmental structure and related capacity building, proceeding with the structuring and implementation of the Vuntut Gwitchin Trust to protect the assets provided through the final agreement and the Vuntut Development Corporation, and continued refinement of working relationships with Yukon and Canada. These activities were guided by the discussions and results of the annual general assembly, and the annual update of the VGFN strategic plan.
The VGFN continued to implement the range of operational programs reflected in the organization of its departments: chief and council/leadership, human resources and training, government services, natural resources and information systems, the Porcupine Caribou program, youth and recreation, education, and health and social services. The Porcupine Caribou program reflects the unique focus of the Vuntut Gwitchin on the maintenance of the Porcupine Caribou herd, an essential element of their culture and lifestyle.
In addition, the chief and council worked with Yukon's premier, through the Vuntut Gwitchin-Yukon Intergovernmental Accord, to advance the following shared priorities of the VGFN and Yukon for North Yukon.
Continued progress was made toward the establishment of the 6,100 square kilometre Nii'inlii'jik (Fishing Branch) Wilderness Park and Habitat Protected Area. Land was transferred from Canada to the Yukon in preparation for establishing this park. Consideration was given to resource development options in North Yukon. Related to this, the Vuntut Development Corporation participated in the formation and operation of Dempster Energy Services.
Initial progress was made to identify the responsibilities of the VGFN and Yukon to find cost-effective delivery mechanisms for the provision of community services and infrastructure.
The community physical development plan was completed for Old Crow, including identification of a prioritized list and scheduling for the development of related physical facilities.
Discussions continued on an intergovernmental economic development agreement, including tourism, in North Yukon.
Activities concerning the development of a comprehensive youth and recreation program in Old Crow included hiring a recreational director and the implementation of a range of youth and community recreation projects.
Discussions were launched to assess the comprehensiveness of social service programs in Old Crow and identify gaps in preparation for discussions to establish an appropriate complement of locally delivered programs and services.
Considerable support was provided by the VGFN, YLUPC, and the governments of Yukon and Canada for re-establishing the NYLUPC and developing a land use plan for the region.
Discussions were initiated on options to make the existing education infrastructure in Old Crow more relevant to the social and physical environment in North Yukon.
Capacity development activities included a strategy to increase the effectiveness of VGFN citizen participation in delivery of VGFN programs, including the enhancement of professional skills and experience.
Continued progress was achieved in the delivery of ongoing VGFN programs which, in combination with the above priorities, produced a more progressive community atmosphere and enhanced community pride.
The review of the implementation of the Final Agreement and Financial Transfer Agreement (FTA) with Canada contributed to the ongoing fine-tuning of VGFN policies, programs and priorities. The financing of self-government occurs only in part through the FTA. It is necessary for the VGFN to seek additional program funding from other sources with related program objectives that contribute toward the achievement of self-government objectives, albeit at considerable administrative cost. It is hoped the issue of adequate funding levels for self-government programs will be dealt with during pending discussions of the Canada/VGFN FTA.
The Minister of Indian Affairs and Northern Development held discussions with self-governing Yukon First Nations on establishing an inter-governmental forum to discuss the future relationships of the three orders of government in Yukon.
Planning was initiated for hosting three major gatherings during the coming year: the YFN annual general assembly, which will include the initial meeting of the intergovernmental forum, the international gathering of the Gwich'in Nation and the general assembly of the VGFN.
The people of the CAFN live primarily east of the village of Haines Junction, the first major community northwest of Whitehorse on the Alaska Highway. Haines Junction is the site of Parks Canada's administration headquarters for Kluane National Park, a world heritage site. Other settlement camps within the area include Nesketaheen, Klukshu, Champagne, Hutchi Lake, Aishihik Lake, Kusawa Lake, Kluane Lake and Kloo Lake. The First Nations of Champagne and Aishihik were amalgamated in 1970 by INAC.
During 2001-2002, the CAFN undertook several activities related to governance:
Challenges facing the CAFN included:
Other areas of activity during the year included the following:
Carmacks is located about 160 kilometres north of Whitehorse in central Yukon. The community has a population of approximately 500 of which the majority are citizens of the LSCFN. The LSCFN is one of three First Nations of the Northern Tutchone Council (the others being the SFN and NND) whose common tie to one another is the Northern Tutchone language.
The Little Salmon Carmacks First Nation Final Agreement came into effect October 1, 1997. The LSCFN Council continued to be engaged in several processes related to the implementation of the final and self-government agreements.
The following activities occurred during the year:
During the year, self-governing Yukon First Nations and the CYFN established a self-government secretariat with the financial support of Canada.
The TH traditional territory occupies about 64,700 square kilometres in west central Yukon. "Tr'ondëk Hwëch'in" means the people of the Klondike region. "Klondike" is a derivative of the Han word "Tr'ondëk." As with most Yukon tribes, there has been significant interaction with other First Nations during the last 100 years. The original inhabitants of the Tr'ondëk region, and the ancestors of the majority of present day Tr'ondëk Hwëch'in, were the Han Indians. The Han occupied a vast stretch of territory in east central Alaska and west central Yukon. The First Nation in Eagle, Alaska, is closely related to TH families in Dawson, and many are beneficiaries of the Tr'ondëk Hwëch'in Final Agreement.
The TH continued to stride down the path of selfgovernment during the year. The following is a brief summary of some important events and accomplishments during this period.
Sections 13.4.1 and 13.4.2 of the Tr'ondëk Hwëch'in Final Agreement recognize that government heritage resources were not distributed fairly in the past and obligate the governments of Yukon and Canada to give priority to the development and management of Yukon First Nations heritage resources until an equitable distribution is achieved.
To facilitate equitable distribution, the Tr'ondëk Hwëch'in Final Agreement Implementation Plan calls for the TH, and the governments of Yukon and Canada to jointly develop a strategic plan for the management of heritage resources in TH traditional territory. The first formal meeting between the parties on Tr'ondëk Hwëch'in Final Agreement Chapter 13 implementation took place in November 2001.When approved, the strategic plan should result in a significant increase in program resources allocated to TH heritage resource development and management. This will assist in the development of heritage resource management capacity within the TH government, enhance the development and appreciation of Tr'ochëk, Forty Mile, Fort Cudahy and Fort Constantine historic sites, Tombstone Park and other TH heritage sites and heritage routes, and generally promote the protection, preservation and celebration of TH heritage resources.
As a follow-up to resolutions passed at the Self-Government Summit in Teslin and the CYFN General Assembly in Dawson during June 2001, the self-governing Yukon First Nations obtained funding for a self-government secretariat. The secretariat will be housed in CYFN offices in Whitehorse, and will provide non-political co-ordination and information sharing support to self-governing Yukon First Nations.
Following a meeting between self-governing Yukon First Nation Chiefs and the Minister of Indian Affairs and Northern Development in January 2002, the self-governing Yukon First Nations agreed to participate in establishing an Inter-Governmental Forum (IGF) with the Yukon and Canadian government. The forum will involve the highest elected officials, and will consider visions, mandates, capacities and financing for governance in Yukon. The objective is to co-ordinate effective government and quality programs and services in Yukon, to implement selfgovernment successfully. Among other things, it is hoped the IGF will resolve impasses slowing progress at the tax and the PSTA tables.
Section 13.6.1 of the Tr'ondëk Hwëch'in Self-Government Agreement directs the parties to "enter into negotiations with a view to concluding an agreement in respect of the administration of TH justice." Exploratory discussions leading toward those negotiations began in June 2001. It is anticipated that substantive negotiations will begin in 2003-2004.
Negotiations for PSTAs continued on three major fronts, albeit with little progress:
Substantive discussions on Human Resources Development Canada (HRDC) programs began with the Yukon First Nations tabling a draft HRDC PSTA. HRDC did not return to the table in 2001-2002.
Progress was made on a PSTA in respect of a small number of proposal-driven programs identified in section 2.3 of programs identified in section 2.3 of PSTA 2 (including family violence and social programs). This PSTA is expected to come into effect during fiscal 2002-2003.
Further progress at the PSTA table has been stalled. Major factors contributing to the impasse are:
Tax negotiations with the governments of Yukon and Canada continued in 2001-2002, focussing on consumption tax (the Goods and Services Tax or GST), commodity taxes (alcohol, fuel and tobacco), property tax and corporate income tax. The GST negotiations achieved the best progress, with the preparation of a draft agreement with Canada on how the GST will operate. Discussions have taken longer than anticipated on these issues, due to Canada's desire to approach the matter from the perspective of both Indian Act First Nations and self-governing First Nations. The self-governing First Nations in Yukon believe their consumption tax agreements are unrelated to the Indian Act.
Tax agreements with Yukon were stalled pending resolution of Tr'ondëk Hwëch'in Self-Government Agreement Section 18 issues (see PSTA above).
To resolve the impasses described above, and facilitate the development of self-government more broadly, the parties held a "Big Picture" meeting in November 2001, involving Yukon First Nations Chiefs, and tax negotiators and PSTA negotiators, Canada and Yukon tax and PSTA negotiators, high-level representatives from the federal Department of Finance, the Canada Customs and Revenue Agency and INAC, and their respective counterparts from Yukon. These discussions looked at all sources of federal funding flowing into Yukon, including the Yukon/Canada Formula Finance Agreement and Canada Health and Social Transfer funding.
The Tombstone Park Steering Committee continued work on the Tombstone Park Management Plan throughout 2001-2002.
Archaeological work continued at the Tr'ochëk site and at the Forty Mile historic site. Pre-contact artifacts continue to come forth in abundance, providing tantalizing insights into the Han history and culture. Management plans are being drafted for both sites.
In June 2001 and March 2002, the second and third Self- Governing Yukon First Nation Summits took place in Teslin and Whitehorse. Discussions continued on self-government implementation and government-togovernment relations with Yukon and Canada.
In June 2001, the TH began the first major development on TH settlement land. About 18 hectares of previously mined tailings along the Klondike River are being recontoured and subdivided. Phase 1 will see approximately 40 residential lots and six to eight commercial lots created. The subdivision is within Dawson municipal boundaries, immediately outside of historic Dawson on the east side of Crocus Bluff. The subdivision will be connected to the City of Dawson water and sewer system; the City of Dawson will provide all normal municipal services through a municipal service agreement. Residential housing construction is expected to begin in mid 2002-2003.
Section 17.7 of the Tr'ondëk Hwëch'in Self-Government Agreement provides the ability to negotiate the division and sharing of responsibility for the design, delivery and administration of education programs delivered within TH traditional territory relating to:
Section 17.7 negotiations will result in an arrangement whereby the TH work in partnership with Yukon to deliver education programming in TH traditional territory.
The TH First Nation has been active in the education arena over the past year. An ad hoc education caucus was developed and involves the TH Culture and Education Department, and other staff and elected officials. A comprehensive review of proposed amendments to the Yukon Education Act was completed. The TH worked with Yukon officials to establish a half time counselor position within Robert Service School. This process provided an appreciation for Yukon education operations and the challenges facing TH students. Additionally, the First Nation developed positive relations with the Robert Service School administration and with senior officials within the Yukon Department of Education in Whitehorse.With this experience, the TH determined that it was the appropriate time to initiate section 17.7 negotiations, and sent the appropriate notification to the YG.
The goal of section 17.7 negotiations is to make TH a meaningful part of the education system within the traditional territory and thereby improve the school system for TH students.
Reports from the CYFN, NND, SFN, TKC and TTC were not available for this publication.
Yukon's UFA and implementation obligations associated with the Yukon First Nation Final and Self-Governments are identified under the respective implementation plans. The following are the highlights of implementation activities carried out by some Yukon government departments during 2001-2002. Further information is available through the Yukon Land Claims and Implementation Secretariat.
Following the Yukon renewal process in 2001-2002, several organizational changes were made on April 1, 2002, including a new corporate structure. This report reflects the departmental structure and responsibilities before the renewal process, although the information in the report was assembled via the new departments. In some cases, functions were split among departments, and several departments contributed information reflected in the departmental or corporate reports presented below.
The Yukon Land Claims and Implementation Secretariat, Executive Council Office, is responsible for negotiating final agreements, self-government agreements, related implementation plans and supporting financial agreements involving the Parties (as a signatory to the Bilateral Agreement), related contribution agreements, and as an observer to the First Nation/Canada financial transfer agreements. The Secretariat also leads a number of PSTA negotiations as well as tax sharing negotiations for Yukon.
Beyond the activities of the Secretariat, the Development Assessment Process (DAP) unit of the Executive Council Office is responsible for Yukon's involvement in the formation of the Yukon Environmental and Socioeconomic Assessment Act (YESSA) and implementation planning. In 2001-2002, draft legislation was subject to public review (the second such review conducted over the course of legislative development).
The Ta'an Kwäch'än Council First Nation Final and Self- Government Agreement were concluded and ratified in 2001. These agreements become effective in 2002-2003.
The Secretariat is responsible for delivering, facilitating and tracking implementation obligations including reviews such as the Five-Year Review of UFA Implementation Plans and the Yukon First Nation Final Agreement Implementation plan for the first four Yukon First Nations, which was completed in 2001-2002.
The Secretariat provides bridging support and contributes to capacity building across the Yukon in the area of Final Agreement implementation and manages the governmentwide allocation of operating and capital budgets for implementation.
The Municipal and Community Affairs Division continued to advise and assist self-governing First Nations with Final Agreements as they effect their Self-Government Agreement provisions and develop land management systems and practices for settlement land holdings. The following activities occurred during the year:
The Transportation Division continued updating the Yukon First Nations on the status of eliminating the use of existing quarries on settlement land.
The Department of Economic Development continued its involvement in activities supportive of requirements under UFA Chapter 10, Special Management Areas. These included:
The Department of Economic Development also participated in legislation-related activities and was the YG lead on the preparation of the YESSA project regulations.
Chapter 22 of the UFA identifies Economic Opportunity Plans (EOPs) activities required in the early stages of Final Agreement implementation. The economic opportunity planning process is a joint exercise, initiated by individual First Nations, with the assistance of the governments of Yukon and Canada. All Yukon First Nations with Final Agreements are contacted on an annual basis to review their interests. During 2001-2002, the following activities occurred:
The Department of Government Services continued with implementation obligations by:
As part of the Land and Resources Information Management Strategy, the Geomatics Yukon Program of Information and Communications Technology continued to work with First Nations on the multi-year implementation of geomatics initiatives pertaining to the UFA and individual First Nations final agreement commitments. The initiatives for 2001-2002 included:
Yukon Health and Social Services implementation activities flow from responsibilities set out in the self-government agreements. The Department's main activities support the PSTA negotiations and the administration of justice negotiations.
The PSTA negotiations on the transfer of social assistance were ongoing during 2001-2002. The discussions were complex due to the nature of the legislation and the current delivery system involving three governments. Significant time was spent discussing the scope of authority of the parties and a mechanism for service delivery that will ensure a smooth and seamless transfer. The parties also worked on the development of a reciprocal billing arrangement so blended families can receive service through one government agency.
Health and Social Services has responsibility for youth justice. The Department has been involved in the negotiation of the Teslin Tlingit Council Administration of Justice Agreement. While the Department of Justice leads these negotiations, Health and Social Services has participated in negotiations and provided program and policy information. During 2001-2002, phase one of the Administration of Justice Agreement was reached. Health and Social Services also participated with the Department of Justice in developing a template for determining Yukon cost savings and participated in exploratory discussions with other First Nations on administration of justice issues.
The Department of Justice has a number of responsibilities with respect to the final and self-government agreements, including land titles, estate administration and legal services. During 2001-2002, the Department was involved in the following activities:
The Public Service Commission (PSC) is the lead department on developing and implementing Yukon Representative Public Service Plans (RPSPs) under the UFA and the individual final agreements. The PSC works closely with the human resource community throughout the government to deliver this mandate.
The Yukon Cabinet approved in principle a government-wide plan that includes six core strategies. Traditional territory plans are in draft for the TTC, NND, CAFN, LSCFN and TH. A joint planning process was used to develop the plans with full First Nations and Yukon government participation. The PSC continued to work with the TTC, NND, CAFN, LSCFN and TH to finalize their traditional territory plans. Preparatory discussions were begun with the SFN and TKC. Though the plans are draft, the PSC and other departments are implementing initiatives under the government-wide and traditional territory plans.
Implementation activities of the PSC included:
Aboriginal participation on staffing boards is increasingly being sought for all government jobs and is a requirement in Yukon communities.
The Department of Renewable Resources is responsible for the Yukon's obligations for fish and wildlife under the UFA, the final and self-government agreements and relevant implementation plans. In addition, the Department is responsible for representing Yukon in land use planning pursuant to Chapter 11 and for implementing various SMAs established under the final agreements. The Minister appoints members to the YFWMB and the RRCs.
During 2001-2002, the Department worked with the First Nations, the YFWMB and RRCs in a number of areas.
The Department provided membership nomination and appointments, and financial administration for RRCs and the YFWMB.
The Northern Tutchone Program integrates and co-ordinates the management of fish and wildlife between the Department, the three Northern Tutchone First Nations and the RRC. The regional biologist and technician were identified as the primary contacts for these First Nations and RRCs on all matters related to fish and wildlife conservation and management, such as the Integrated Wildlife Management Plan for the NND traditional territory, co-operation on drafting traditional laws for fish and wildlife for the SFN, fish and wildlife input into SMA planning (e.g., Ddhaw Ghro, Ta' Tla Mun, Lhutsaw, Horseshoe Slough, Nordenskiold), and joint monitoring and surveys of fish and wildlife populations.
Management planning activities included the following:
Environmental assessment activities included:
Consultation was undertaken in the review of the trapping regulations and on the Phase II amendments to the Wildlife Act and the proposed species at risk legislation.
Land use and land planning activities included:
The Department also continued to participate in inter-governmental discussions on trappers' compensation.
The Department of Tourism, Heritage Branch is responsible for the implementation of Yukon obligations respecting the non-documentary heritage resource provisions of the final agreements and implementation plans. These mainly concern UFA Chapter 13 provisions and include the ownership and management of heritage sites and resources, First Nations burial sites, research, geographic place names and economic opportunities. They also address the equitable allocation of program resources for the development and management of heritage resources of First Nations.
The Branch continued to support the work of the YHRB and the YGPNB. Other 2001-2002 activities included the following:
In 2001-2002, final agreement implementation activities resulted in increased demands in several key areas:
The Branch also provided tourism-related information to the NYLUPC in Old Crow for region-wide planning and for tourism issues associated with the Fishing Branch HPA.
Branch activities related to economic development included the following.
Annex C of most final agreements set out that "Government shall have the primary responsibility for informing the general public with regard to provisions of Final and Self-Government Agreements." Yukon First Nations have frequently expressed the need for tourism operators, especially those in the back country, to know about aspects of final and self-government agreements that affect them.
Staff ensure business clients who contact the Branch are aware of final agreement obligations, especially settlement land, access provisions, and heritage, fish and wildlife chapters. Tourism industry organizations are encouraged to do the same, or refer clients to the Branch. Clients are also encouraged to contact First Nations in areas where they would like to operate. Most tourism operators would like to improve their understanding of final agreements and the best way to approach and work with First Nations. Both factors are as crucial to successful business as they are to establishing appropriate relationships with First Nations governments.
The Branch also provides information, research and advice to support clients looking to research, plan, develop and market tourism products. The Department has improved its collection of current information on Aboriginal tourism and delivered it to clients throughout the territory. Client services are not a direct final or self-government agreement obligation. However, support is provided to First Nation individuals when implementing tourism-related economic opportunities identified in their agreements.
With the addition of a First Nation Training Corps position in 2001-2002, the Branch improved service to Yukon First Nations by:
The Yukon Housing Corporation (YHC) delivers housing programs and services in Yukon and continues to work toward implementation of final agreement obligations. The YHC ensures its contracting and tendering practices reflect these implementation obligations. The YHC developed and is implementing an RPSP to meet final agreement obligations for a public service that reflects the Aboriginal and non-Aboriginal representation of Yukon and populations within each First Nation's traditional territory.
The YHC prepared and provided briefing information and material on housing programs and services at the PSTA table to the seven self-governing First Nations.
The YHC was an active partner in planning and delivering the Yukon and Northern First Nations Housing Conference in the fall of 2001. The conference goals were to provide skills transfer and link resources to foster partnerships and networking opportunities, encourage information exchange and innovation in dealing with key housing issues in the North, and improve communications with First Nations housing providers and decision makers. Based on the information provided in the evaluations and through general comments from delegates, the goals established for the conference were measurable and met. All the Yukon First Nations sent delegates to the housing conference.
Indian and Northern Affairs Canada (INAC) remains committed to honouring its obligations flowing from the UFA and Yukon First Nations Self-Government Agreements and their Implementation Plans.
During 2001-2002, the work undertaken by INAC, Yukon Region included the following:
Heritage sites continued to be protected, pursuant to the final agreements. Preliminary work was undertaken for their eventual transfer.
Significant progress on policy and legislation, which included public consultation, was achieved by the DAP Directorate. Legislation for a Development Assessment Process Act is expected to be introduced next year.
Communications continued to work with the CYFN and Yukon on the Tripartite Communications Committee. The Committee produced over 14,000 copies of Visions North Newsletter (winter/spring 2001). This publication was well received as an education tool by the Yukon First Nations, other government departments, education institutes and the public.
Indian and Northern Affairs Canada responded to concerns about the environmental status of water control structures at the Mt. Nansen, Faro, Ketza River and UKHM-Elsa mining properties. Discussions occurred with the NND and its legal counsel during the court-authorized sale of UKHM's assets to AMTYukon Inc. regarding INAC's position and the opportunities for contracts at the UKHM mines at Elsa and Keno.
The obligations of the Department of Canadian Heritage under the UFA and the individual self-government agreements in Yukon focus on the national parks and historical sites programs. The UFA also obliges the Department to work toward equity in program delivery between the culture and heritage of Yukon First Nations and Yukon at large.
A number of claims-related activities occurred during the year:
The Tr'ochëk Heritage Site was recognized to be of national historical significance by the Minister of Canadian Heritage on the recommendation of the Historic Sites and Monuments Board of Canada. Parks Canada prepared the nomination. Other activities with respect to the Site included:
Parks Canada also worked with TH staff to set up and implement a pilot values-based land inventory process for the First Nation's selected lands.
During the year, the Kluane National Park and Reserve/Community of Haines Junction Preliminary First Risk Assessment was completed. Parks Canada funded this initiative and partnered with the ARRC, Kluane Park Management Board, the Village of Haines Junction and the CAFN.
In partnership with the ARRC, Kluane Park Management Board, the CAFN, and the governments of Yukon and British Columbia, the Alsek Moose Management Plan was developed for the Alsek watershed. Parks Canada will monitor moose populations within the CAFN traditional territory of Kluane National Park.
The Keeping Track Census was established by the Kluane Park Management Board and run by Parks Canada. First Nations members were hired to participate in the monitoring.
A CAFN student was employed by Kluane National Park in the Kluane Ecological Monitoring Program.
Canadian Heritage has the lead federal responsibility for UFA Chapter 13. This chapter deals with heritage resources, and includes an objective relating to their equitable distribution among Yukon First Nations, Yukon and Canada. A meeting with all self-governing First Nations in Yukon was held in December 2001, and the other Yukon First Nations were also invited to attend. Canadian Heritage made best efforts to present the Aboriginal and non-Aboriginal expenditures in Yukon over the approximately 25 years, as requested by the First Nations. Following this inaugural meeting, Canadian Heritage provided the participants with a one-day workshop on heritage tourism.
A second meeting was held in February 2002. Terms of reference texts for the strategic planning agreements and work plans, which will be signed individually by theself-governing First Nations, were developed. A letter was subsequently sent to the YHRB informing it of the process in place and inviting the Board to participate in future meetings.
The Northern Conservation Division (NCD) of Environment Canada (EC) has responsibilities pertaining to the Game Export Act, Endangered Species Protection Act and the Migratory Birds Convention Act.The NCD also has a role in the development of management plans for special wildlife management areas.
Specific activities of the Division included the following:
Additionally, the NCD participated in a habitat workshop in Teslin hosted by the Teslin RRC.
Activities of the Environmental Protection Branch (EPB) included the following:
Under the provisions of the UFA, and the Final and Self-Government Agreements, Fisheries and Oceans Canada (FOC) is responsible for the provision of technical and administrative support to the YSC. Throughout 2001-2002, the Department continued to fulfill these obligations. Asenior official from FOC serves as executive secretary to the YSC. Senior members of the Stock Assessment, Habitat Enhancement, Conservation and Protection, Treaties and Aboriginal Fisheries Strategies sectors briefedthe YSC on issues and provided technical assistance. In addition, departmental staff provided afull range of administrative services.
Other implementation activities undertaken by the Department in 2001-2002 include the following:
FOC partnered with the YSC in the implementation, delivery and administration of the Habitat Conservation and Stewardship Program. In the program development, FOC Canada ensured that the guidelines for consultation, pursuant to the UFA, were adhered to and that the program met the needs of Yukon communities. This program provided the Department with an excellent opportunity to build partnerships and capacity within Yukon communities.
Restoration and enhancement projects, funded through the Research and Enhancement Fund of the Canada-United States Yukon River Salmon Agreement, have a strong link to the UFA due to the YSC's involvement in the Yukon Panel. FOC was very active in the development, selection and implementation of these projects. In addition, the Department actively encouraged communities to become involved in their own restoration and enhancement planning, and provided technical support in the development of project proposals. Habitat stewards, from the Habitat Conservation and Stewardship Program, have provided additional support and guidance to communities in the development of research and enhancement projects, and have been, in turn, supported by FOC.
FOC continued to provide information and request feedback from stakeholders according to UFA consultation guidelines. During 2001-2002, the Department partnered with the YSC to form working groups for the development of Integrated Fisheries Management Plans (IFMPs) for a number of drainage basins. These working groups gave stakeholders more meaningful input into the development of these plans and provided a mechanism for identifying communications gaps. FOC also provided comprehensive updates of run strength, timing and ongoing management of Yukon and Alsek River salmon fisheries during the review period.Departmental staff accompanied YSC members to communities to consult with First Nations and other stakeholders regarding the management of Yukon River salmon stocks.
FOC has ongoing stock assessment projects, which are operated in partnership with the CAFN and VGFN. These long-term projects include the following.
The Fishing Branch Weir stock assessment project is operated in partnership with the VGFN, and provides benefits similar to the Klukshu Weir.
FOC had frequent interactions with UFA boards, committees and councils, and provided input into UFA processes including SMAs, land use plans, YESSA, the YWB, RRCs and the land selection process.
Under UFA section 16.10.15, Canada is required to issue additional commercial salmon fishing licences to Yukon First Nations whose traditional territories include part of the Yukon drainage basin. It was determined that eight additional licences will be made available to First Nations. This issue remained outstanding in 2001-2002 pending thecompletion of a sharing arrangement among affected First Nations.
Human Resources Development Canada (HRDC) supports the employment and training initiatives of Yukon First Nations through its existing programs and through two Aboriginal Human Resource Development Agreements (AHRDAs).The Department maintains an ongoing dialogue with First Nations in Yukon with respect to their operations or activities under the AHRDAs including frequently discussing operational issues, clarifying and defining various clauses of the AHRDAs and providing advice on implementing aspects of the Agreement. Human Resources in Whitehorse also provides employers and job seekers with information on available programs and services provided by HRDC.
The AHRDAs are five-year contribution agreements (1999-2004) which provide funding for labour market training for First Nation, Métis and Inuit living in Yukon. The AHRDAs also provide funding for child care initiatives to increase the supply of quality child-care services for children with working or training First Nation or Inuit parents who reside in Yukon.
The AHRDAs enable Yukon First Nations to design and deliver a full service menu of options by integrating several Aboriginal programs including labour market programming and services, capacity building, an urban Aboriginal component, youth programming, child care programs and programs for persons with disabilities.
The following funding was provided to self-governing First Nations in 2001-2002:
The Legal Surveys Division of Natural Resources Canada is responsible for the legal surveying of Yukon First Nations settlement lands. Annual survey programs are based on recommendations made by First Nation Settlement Land Committees. Eight of the 14 First Nations in Yukon are implementing legal surveys of their settlement lands.
Twelve survey contracts were awarded in 2001-2002:
Survey programs continued for all Yukon First Nations with Final Agreements. It is anticipated that the survey component of the VGFN, SFN, LSCFN and TTC survey programs will be completed in the 2002-2003 fiscal year, and signing will follow in the next fiscal year.
|First Nation||Contract Amounts||First Nation Involvement||First Nation % of Contract|
|Total Yukon Contracts||$2,119,958||$720,168||average = 25%|
Other activities during the year included the following:
The federal PSC in Yukon is primarily responsible for external recruitment in the federal public service. The Yukon District office accessed funding from Positive Measures Programs to undertake initiatives to meet some of the obligations set out in Chapter 22 of the Yukon final agreements.
The Employment Equity Recruitment Training Program was developed in 2000 to facilitate training and professional development for all employment equity groups. An employment equity co-ordinator was also hired to manage the program and the majority of the assignments went to Yukon First Nations individuals. The assignments and the co-ordinator's salary expenses were cost shared with departments, and the program was active for two years. However, the program was discontinued at the end of fiscal year 2001-2002 due to the lack of available funding.
The current status of human resource planning across the federal government in Yukon was reviewed with regard to UFA Chapter 22. Consultations took place with all federal departments in Yukon to review current plans and outcomes to date, recommend a process for establishing priorities, and finalize the government-wide plan. In February 2002, the PSC met with First Nations representatives in their traditional territory to begin discussion and gather input on the nature of the planning process to be undertaken by the federal government with the Yukon First Nations. The following First Nations were consulted: the NND, LSCFN, SFN and TH.
In early May 2002, a two-day workshop was hosted by the PSC to discuss issues related to the design of a new, improved Yukon Human Resource Plan. Representatives from several federal departments, YFNs and the TPC came together to discuss the Government of Canada's efforts to build capacity and increase the representation of YFN employees in the federal public service. The following self-governing YFNs participated in the workshop: the SFN, LSCFN, TH, TTC and CAFN.
Public Works and Government Services Canada (PWGSC) provides advice to federal government departments on their procurement activities within land claim areas in Yukon. In accordance with UFA sections 126.96.36.199 and 188.8.131.52, PWGSC continued to provide Yukon Indian people and First Nation corporations with information on how to register with Contracts Canada as a supplier of goods and services to access government contracts and standing offers. It also continued to notify First Nations of procurement opportunities in their respective land claim areas.
During the year, a standing offer arrangement was placed with the VGFN for the supply of heating oil.
The Implementation Branch (IB) of INAC is responsible for the overall co-ordination and monitoring of federal government obligations under the Yukon First Nation Final Agreements and Self-Government Agreements. The Branch represents Canada on the IWG and is also responsible for administering funding arrangements with Yukon, the CYFN, YSRB, YLUPC, the Enrollment Commission and the DRB. The Branch makes financial compensation payments to Yukon First Nations and is responsible for preparing the annual review.
The Five-Year Review of the UFA Implementation Plan and the final agreement Implementation Plans for the first four Yukon First Nations (CAFN, NND, TTC and VGFN) were released on June 5, 2001. The IB co-ordinated the communications plan for this release and the follow-up with the parties to the IWG.
Follow-up on the recommendations arising from the Five-Year Review continued. This included meetings between working group members and the INAC Regional Office on forestry issues, and ongoing work by the unit regarding proposed guidelines for consultation under final and self-government agreements.
Other noteworthy developments during the year include:
In addition, the Branch participated in a wide variety of internal departmental meetings, workshops and briefing sessions relative to the negotiation and implementation of Yukon land claim settlement agreements and SGAs.
Funding was provided by Canada during the reporting period as follows:
* Canada provides funds to the CYFN to support the TPC a well as CYFN implementation costs.
** Canada provides funds to Yukon to support the FWMB, YHRB, YGPNB and the RRC of each First Nation.
(effective March 31, 2002)
The UFA is the framework within which each of the 14 Yukon First Nations will conclude a final claim settlement agreement. All UFA provisions are part of each First Nation final agreement. The quantum of settlement land and financial compensation guaranteed by the UFA is allocated to individual First Nations based on a formula arrived at by the 14 First Nations.
Key provisions include:
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: October 1, 1997)
(Effective date: October 1, 1997)
(Effective date: September 15, 1998)
Chapter 19 of each Yukon First Nation final agreement provides that capital transfer payments shall be made to that First Nation on the anniversary date of the signature date of each YFN final agreement. Settlement payments (net of negotiation loans) have been made to Yukon First Nations as follows:
These funds represent funds allocated by Canada to the CYFN and various boards and committees for implementation purposes.
Mary Jane Jim
Rob Bruce, Jr.
Thomas J. Hammer
Darius P. Kassi
F. Bruce Underhill
Tracy- Anne McPhee
John L. Wright
Kathy Van Bibber
David Tom, Jr.
Robert Bruce, Jr.