2001-2002 Annual Report - Yukon Land Claims and Self-Government AgreementsAuthor: Minister of Indian Affairs and Northern Development
Date: Ottawa, 2004
PDF Version (725 Kb, 47 Pages)
- Minister's Foreword
- Implementation Working Group
- Boards, Councils, Committees and Commissions
- First Nations
- Yukon Government
- Government of Canada
- Appendix 1: Yukon First Nations
- Appendix 2: Yukon First Nations with Final Agreements and Self-government Agreements
- Appendix 3: Features of the Umbrella Final Agreement
- Appendix 4: Features of the Yukon First Nation Final Agreements
- Appendix 5: Financial Compensation Payments
- Appendix 6: Costs of Implementation
- Appendix 7: Membership of Implementing Bodies
- Appendix 8: List of Acronyms
- Appendix 9: Map of Traditional Territories
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
- The Ta'an Kwäch'än Council (TKC) Final Agreement and Self-Government Agreement (SGA) were concluded and ratified in 2001. These agreements were to become effective in 2002-2003.
- The Yukon Heritage Resources Board (YHRB) completed the development of criteria and a process for the evaluation of historic sites nominated for territorial designation.
- The Yukon Land Use Planning Council (YLUPC) focussed on 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.
- The Yukon Salmon Committee (YSC) developed Integrated Fisheries Management Plan (IFMP) working groups for the Yukon, Porcupine and Alsek rivers.
- The Training Policy Committee (TPC) focussed on improving board and committee effectiveness, increasing knowledge of investment management and consulting on a training plan for the organization.
- The North Yukon Fish and Wildlife Management Plan in the Vuntut Gwitchin traditional territory was completed in 2001.
- In January 2002, the self-governing Yukon First Nations agreed to participate in establishing an Inter Governmental Forum (IGF) with the governments of Yukon and Canada. The objective of the forum is to co-ordinate effective government and quality programs and services in Yukon.
- Yukon approved, in principle, the government-wide Representative Public Service Plan (RPSP).
- The Tatla Mun Management Plan was completed and approved by the Selkirk First Nation (SFN) and Yukon governments.
- The Yukon Department of Justice commissioned the report; Self-Government Agreement Implementation: Cost Savings Implications for Yukon Justice.
- 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.
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.
Implementation Working Group
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:
- forestry issues;
- improving consultation; and
- discussion surrounding the proposed amendments to the final agreement implementation plans of the CAFN, NND, TTC and VGFN.
Other activities included the following:
- The IWG reached agreement on additional funding to existing Renewable Resources Councils (RRCs) for a three-year period. It is the intention of the IWG to examine RRC funding during reviews to be conducted in 2003-2004.
- Discussions regarding a renewed approach on consultation continued. The aim of the IWG is to reach consensus in the follow-up to the Five-Year Review recommendation to develop consultation protocols between the parties at the appropriate working levels.
- On behalf of the IWG, Yukon retained a contractor to complete the first stage of a manual to familiarize Yukoners with the roles and functions of RRCs.
- A multi-party implementation database led by Yukon is under development. Goals for the database include potential accessibility by all parties and that it be user friendly.
Planned activities for 2002-2003 include:
- a time line and planning discussion related to reviews scheduled for 2003-2004 concerning the implementation plans for the UFA, and the final agreements and the selfgovernment agreements for the CAFN, LSCFN, NND, SFN, TH, TTC and VGFN; and
- continuing work on challenges related to forestry issues, particularly in improving communication and consultation.
Boards, Councils, Committees and Commissions
Dispute Resolution Board
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:
- Champagne and Aishihik First Nation;
- First Nation of Nacho Nyak Dun;
- Vuntut Gwitchin First Nation;
- Teslin Tlingit Council;
- Little Salmon/Carmacks First Nation;
- Selkirk First Nation; and
- Tr'ondëk Hwëch'in.
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.
Yukon Fish and Wildlife Management Board
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.
Yukon Geographical Place Names Board
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.
Yukon Heritage Resources Board
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:
- attendance at a pilot workshop on UFA board training, UFA familiarization and cross-cultural orientation;
- meeting with the Yukon Minister of Tourism, to discuss the museum strategy, Yukon Historic Resources Fund and Yukon restructuring program;
- attendance at the official joint signing of the Rampart House Historic Site Management Plan at Rampart House;
- meeting with consultants preparing the museum strategy report;
- participation in the Aboriginal investment workshop held by the Training Policy Committee (TPC) and the Yukon Indian People's Training Trust (YIPTT);
- meeting with the Tombstone Park Steering Committee and the Dempster Corridor Committee to discuss the draft management plan for Tombstone Park;
- meeting with the new Yukon Minister of Tourism to discuss annual funding, development of criteria for use of the Yukon Historic Resources Fund, the outstanding YHRB appointment, and the timing and frequency of future meetings;
- invitation to the Yukon Land Claims and Implementation Secretariat to attend a board meeting to give an overview of Chapter 13 of the UFA;
- attendance at the Canadian Heritage round table discussions on heritage issues held in Vancouver; and
- attendance at the gathering of lands, heritage and renewable resources departments of the CYFN. The chair presented the YHRB activities at a session on heritage issues. Out of this meeting, the First Nations Heritage Working Group was created. The YHRB participated in a three-day meeting of this group in Dawson City.
Yukon Land Use Planning Council
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.
Workshops, Conferences, Meetings
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:
- developing a common land use planning process for Yukon;
- advocating for planning throughout Yukon;
- assisting the governments of Yukon First Nations, Yukon and Canada in establishing planning commissions;
- administering funding to planning commissions;
- providing assistance to planning commissions; and
- clarifying roles and responsibilities.
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.
Assistance to Planning Commissions
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.
Yukon Salmon Committee
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.
Integrated Fisheries Management Plans
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:
- publication of a newsletter and maintenance of the Web site;
- public meetings;
- provision of regular salmon updates for the Yukon and Alsek rivers outlining run strength, timing and other information to a wide range of stakeholders;
- participation in workshops and conferences;
- regular updates to the CYFN and at individual First Nations assemblies, as well as a written offer to all Yukon First Nations for YSC participation in general assemblies; and
- meetings with boards, committees, RRCs, First Nations and other organizations.
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.
Habitat Conservation and Stewardship Program
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:
- participation in the ongoing 2001 Yukon Placer Authorization Review;
- hosting a workshop to provide information on salmon aquaculture;
- participation in workshops to develop a Yukon River Basin Management Plan for the Canadian portion of the drainage;
- comment on the proposed federal species at risk legislation;
- comment on the draft National Code on Introductions and Transfers;
- review of a draft policy on community management of beaver in fish streams;
- review and comment on the federal sustainable development strategy;
- review of the YESSA process; and
- continuation of the Conservation Catch Card Program, designed to provide much needed harvest data on the Yukon salmon sport fishery. Through this program, the YSC ran a youth contest in the spring of 2002 to promote the conservation and stewardship of Yukon's salmon resources.
Yukon Surface Rights Board
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.
First Nations Relations
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.
Applications to the Board
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.
Planned Activities for 2002-2003
The following activities are planned:
- revamp the Board's communication and presentation material;
- continue communications with industry, public, First Nations, and the governments of Yukon and Canada;
- make community visits and participate in industry trade shows;
- continue to enhance the Web site to increase public access to information;
- continue training initiatives for tribunal members and continue correspondence with the Canadian Council for Administrative Tribunals, the British Columbia Council for Administrative Tribunals and the Yukon Council for Administrative Tribunals; and
- finalize the amendments to the Board's rules of procedure. This includes consultations with First Nations, the governments of Yukon and Canada, as well as stakeholders on the proposed amendments. These proposed rules will be published in the Canada Gazette.
Training Policy Committee
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.
Board and Committee Training
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.
Investment Management Workshop
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.
Communications and Planning
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.
Consultation and Co-ordination
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.
Yukon Indian People's Training Trust
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.
Yukon Water Board
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.
Alsek Renewable Resources Council
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.
Other Mandated Responsibilities
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:
- public consultations on moose harvest management in Haines Junction in November 2001, at which community members indicated support for a registration hunt in the CAFN traditional territory;
- as a member of the Bison Steering Committee in discussion of management and harvesting opportunities for the Aishihik bison herd;
- consultations by the Kluane National Park, on recommendations for co-management of grizzlies that travel across park boundaries;
- through input to Yukon officials, on the second phase of the Yukon Wildlife Act review (Council supported creating Yukon legislation for species at risk);
- review of a draft aquaculture policy for Yukon pothole lake fish farming;
- the Federal Territorial Lands Advisory Committee's preliminary discussions of an outfitter land tenure policy for Yukon;
- on a draft fire risk assessment of the Kluane National Park and Kluane Park Management Board, which identifies the potential for fire spreading from the park into the community;
- consultation on local values to identify initial attack zones in fire zonation for INAC; and
- the identification of eco-regions in the CAFN traditional territory for the YPAS. The Council noted its concern with the lack of community consultation in the YPAS process laid out by Yukon.
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.
Mayo District Renewable Resources Council
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.
Mayo Community Wildlife Questionnaire
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.
Our Rivers, Our Lives Brochure
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.
Community-Based Fish and Wildlife Plan for the Traditional Territory of the Nacho Nyak Dun First Nation
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:
- develop key habitat maps for the community that are user friendly;
- send available local habitat information to the Yukon Department of Renewable Resources;
- develop and implement an overall plan for gathering and organizing local knowledge;
- gather further information on areas with potential for development in the NND traditional territory, produce a master plan of these areas and focus habitat work on areas indicated in the plan;
- organize information on wildlife habitats and prioritize for protection;
- send recommendations on habitat protection and access management to the YFWMB;
- develop a code of ethics regarding the use of fourwheelers in the traditional territory and monitor their use; and
- adopt a commercial wilderness recreation policy with due consideration for wildlife habitat.
The MDRRC reviewed 16 permits in the following areas: water board (six), land use (seven), agriculture (one) and Crown land (two).
North Yukon Renewable Resources Council
The North Yukon Renewable Resources Council (NYRRC) is the primary instrument for renewable resources management in the VGFN traditional territory.
Vuntut National Park Management Plan
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.
Nii'inlii'jik (Fishing Branch) Wilderness Preserve and Habitat Protection Area
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.
Muskox Management Workshop and Surveys
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.
Dempster Highway Regulation Review Subcommittee
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.
North Yukon Fish and Wildlife Management Plan
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.
Crow Flats Special Management Area
The management planning process for the Crow Flats Special Management Area (SMA) started again in November 2001, but stalled in early 2002.
Yukon Protected Areas Strategy for the Eagle Plains Ecoregion
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 Regarding Renewable Resources Management
Recommendations by the NYRRC included the following:
- Serious concerns were expressed by the VGFN that Yukon was moving too quickly with land sales (subsurface rights) in the traditional territory. The NYRRC recommended that no new calls be made until the Regional Land Use Plan is completed.
- The NYRRC recommended that Yukon clean up the Old Crow dump site and the sewage lagoon.
- The NYRRC expressed concerns over the Eagle Plains Lodge water licence application. The Lodge has a poor history of sewage treatment, and the length of the licence being considered is 25 years.
Other projects with involvement by the NYRRC included:
- Eagle Plains seismic monitoring;
- the 2001 Salmon Research Project, a co-operative agreement between the NYRRC and the VGFN;
- the 2001 Vadzaih Choo Drin (Big Caribou Day), a collaborative effort between the NYRRC and the VGFN to celebrate the importance of caribou to the Vuntut Gwitchin culture and way of life; and
- a mustelid (wolverine) survey in Crow Flats which involved the NYRRC and Parks Canada.
Dawson District Renewable Resources Council
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.
Dempster Check Station
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.
The Yukon Queen II
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.
Annual Renewable Resources Councils' Meeting
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.
Settlement Land Committees
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.
Vuntut Gwitchin First Nation
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.
Balanced Environmental Protection and Resource Development
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.
North Yukon Economic Development Agreement
Discussions continued on an intergovernmental economic development agreement, including tourism, in North Yukon.
Youth and Recreation
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.
North Yukon Land Use Planning
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.
Champagne and Aishihik First Nations
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:
- establishment of a law registration process followed by repeal and revision of all statutes: Traditional Activities Protection Act, Fish and Wildlife Act, Income Tax Act, Government Administration Act, Financial Administration Act, An Act to Amend the Financial Administration Act and the Lands Act;
- development of a CAFN employee orientation manual for political appointments (chief and council) and staff, a CAFN program and services manual for membership, and a CAFN boards and committee manual;
- endorsement of and participation in the work plan and terms of reference to develop a strategic plan for implementation of Chapter 13 of the Champagne and Aishihik Final Agreement; and
- completion of the population database project, including an audit of the accuracy of compiled data, by the Senior Financial Arrangements Committee. This Committee deals with issues arising from the CAFN FTA.
Challenges facing the CAFN included:
- building human resource capacity in the additional responsibilities of the CAFN self-government and financial agreements;
- building inter-governmental relationships in Yukon as a result of the "big picture" discussion among the parties to examine the larger issues and linkages arising from negotiations; and
Other areas of activity during the year included the following:
- the process to develop a land registry system;
- oil and gas, and pipeline consultations and workshops; and
- the Aishihik dam relicensing process, including intervening in the hearings and support of CAFN members involved in compensation issues.
- relocating the Klukshu Weir 700 metres upstream following a CAFN General Assembly resolution;
- updating the 1994 Community Salmon Management Plan; and
- completing the final year of the three-year Bison Harvest Agreement with Yukon and initiating drafting of a new agreement. During the year, 19 bison were harvested.
- participation in the Tatshenshini-Alsek Park Management Board hearing and the endorsement of the management direction statement by chief and council; and
- continued participation on a heritage working group. Projects included policy and procedure development, CYFN archival documentation, Final Agreement implementation, cultural resource management training and database development.
- response by the CAFN First Nations Education Advisory Board to the Yukon Education Act review recommendations.
Little Salmon/Carmacks First Nation
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:
- There was ongoing review of, and consultation on, the draft Settlements Lands Act. The LSCFN worked cooperatively with the Northern Tutchone First Nations to initiate the development of traditional laws to be incorporated into this act.
- Ongoing negotiations took place for sharing taxes other than income tax (for which tax sharing and collection agreements are in existence). These include First Nations sales tax, commodity taxes, corporate income tax and property tax.
- Participation continued in the Programs and Services Transfer Agreement (PSTA) negotiations with the other self-governing Yukon First Nations. These include postsecondary education, INAC regional intake (services which the LSCFN has not assumed responsibility for through the PSTA), Aboriginal languages and Yukon income assistance programs. Negotiations on other social programs (INAC residuals of family violence, disabilities and other services) were completed. The priority list for the transfer of programs and services, to which (the governments of Yukon and Canada have been notified), is extensive.
- The LSCFN continued to participate in the IWG.
- There was progress on settlement land surveys.
- The Mandana Lake Management Plan was completed.
- Work continued on the Nordenskiold Management Plan, with an expected completion date of spring 2003.
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.
Catch Up Keep Up/FA/Chapter 13 Implementation
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.
Administration of Justice Discussions
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.
Programs and Services Transfer Agreement Negotiations
Negotiations for PSTAs continued on three major fronts, albeit with little progress:
- language and culture programs as provided through the Canada Yukon Languages Agreement, the Canada Assembly of First Nations Languages Agreement and the INAC Cultural Centre Program;
- post-secondary education programs as provided by INAC and Yukon; and
- social assistance programs as provided by regional intake programs and Yukon Social Services.
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:
- a difference of opinion between the Yukon First Nations and Canada on the adequacy of Canada's mandate for resources being transferred to Yukon First Nations; and
- uncertainty over how to account for Government of Yukon financial contributions to program transfers as described in Chapter 18.0 of the Tr'ondëk Hwëch'in Self- Government Agreement.
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).
Big Picture Finance Discussions
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.
Tr'ochëk Heritage Site/Forty Mile Historic Site
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.
Self-Government Summits II and III
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.
Dividing and Sharing Responsibility for Education
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:
- Indian student counseling;
- cross-cultural teacher/administrator orientation;
- composition of teaching staff;
- early childhood, special and adult education curriculums;
- kindergarten through grade 12 curriculums; and
- the evaluation of teachers, administrators and other employees.
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.
Land Claims and Implementation Secretariat, Executive Council Office
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.
Department of Community and Transportation Services
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 Property Assessment and Taxation Section continued to work on implementation obligations related to property assessment and taxation matters. Ongoing dialogue and work continued toward establishing a regime to realize a sharing of property tax with First Nations.
- The manager of Land Disposition represented Yukon on the seven Settlement Lands Committees that review survey requirements of the First Nations settlement lands. The manager also participated on the inter-departmental working group preparing YESSA legislation.
The Transportation Division continued updating the Yukon First Nations on the status of eliminating the use of existing quarries on settlement land.
Department of Economic Development
The Department of Economic Development continued its involvement in activities supportive of requirements under UFA Chapter 10, Special Management Areas. These included:
- participation in management planning for Tombstone Corridor and an upcoming review of the Tombstone Territorial Park management guidelines;
- participation in management planning for the Fishing Branch Wilderness Preserve and HPA;
- provision of technical information on the Ddhaw Ghro HPA, and participation on the steering committee preparing a management plan for the Ddhaw Ghro HPA;
- review of management plans for the Ta'tla Mun SMA and the Lhutsaw Wetland HPA; and
- initiation of data compilation for the Old Crow Flats SMA.
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:
- Pursuant to the VGFN Accord, discussions continued regarding components of their economic statement of circumstances and their economic plan with both to contribute to a pilot economic development agreement.
- Discussions with the NND and TH were held, but progress was limited as these First Nations opted to pursue other priorities.
- The LSCFN was halfway to completing its EOP, and the government continues to encourage its completion.
- The SFN and TTC EOPs are in the planning stage.
- The CAFN and VGFN EOPs are complete.
Department of Government Services
The Department of Government Services continued with implementation obligations by:
- administering and reporting government contract information and providing access to government contracting and registration;
- regularly providing information on awarded contracts that were not advertised for public tender and contract award lists tabled annually in the Legislature; and
- providing information to Yukon First Nations and their corporations regarding access to contracts, standing offer agreements, and the method of registering on lists or inventories. Where possible, contracts in all branches continued to be structured so they are of a size manageable by small business.
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:
- continued consultation to determine implementation priorities, generally with all First Nations, and individually by First Nation;
- implementation of the developed information-sharing protocol;
- implementation of the first stages of an information technology architecture for secure sharing of land and resource management information; and
- specific technical assistance and advice on spatial data sources and products, and on the use of geographical information system (GIS) applications for implementation of the final and self-government agreements.
Department of Health and Social Services
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.
Department of Justice
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 Aboriginal Law Group (Legal and Regulatory Service Branch) provided legal advice to government departments regarding agreement interpretation and implementation. The Aboriginal Law Group co-ordinated the consultation process on First Nation laws submitted to government, pursuant to the consultation provisions in the self-government agreements.
- The Department participated in taxation and PSTA negotiations.
- The Department is the lead in ongoing negotiations on the administration of justice with the TTC and Canada. AFramework Agreement was approved by all parties in January 1999. The three parties have since begun negotiation of phase one of the Administration of Justice Agreement.
- The Department participated in administration of justice exploratory discussions with the CAFN, NND, VGFN, TH,LSCFN, SFN, TKC and Canada. These discussions will lead to administration of justice negotiations provided for in the self-government agreements.
- The Department commissioned a report; Self-Government Agreement Implementation: Cost Savings Implications for Yukon Justice.This report:
- provided an overview of the current situation regarding self-government agreement negotiations as it may affect the Yukon Department of Justice;
- identified programs and services delivered by the Yukon Department of Justice that have been put on notice through the PSTA; and
- identified information that needs to be collected and questions that need answers to ensure the Department's branches are aware of the implications of SGA implementation for their operations.
- The Land Titles Office registered and issued title for First Nations fee simple settlement land parcels, and filed and reproduced survey plans for the settlement lands.
- The Public Administrator assisted First Nations with the administration of estates. If an executor has not assumed the responsibility of administering an estate, the Public Administrator is appointed to administer the estate on behalf of the deceased First Nation citizen. The Public Administrator's office also assists with Canada Pension Plan applications and offers guidance to First Nations in relation to the administration of estates.
Public Service Commission
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:
- an overall communication strategy for the RPSP;
- a presentation on the RPSP for department management teams and branch staff through government;
- work with departments to capture quantitative and qualitative data for RPSP reporting;
- continued land claims training in Whitehorse and the communities for First Nation and Yukon Government employees;
- ongoing participation on the planning committee and assistance to the Executive Council Office to increase participation in career fairs sponsored by First Nations;
- active communication with, and encouragement of First Nation government employees to participate in Yukon training courses;
- modification of the First Nation Training Corps eligibility criteria to restrict eligibility to persons of Yukon First Nations ancestry;
- increased use and promotion of the First Nation Training Corps; and
- promotion, through the human resource community, of a new statement of qualifications for government jobs written in plain language and reflecting bona fide job requirements.
Aboriginal participation on staffing boards is increasingly being sought for all government jobs and is a requirement in Yukon communities.
Department of Renewable Resources
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:
- The Tatla Mun Management Plan was completed and approved by the SFN and Yukon. In relation to management planning, Mica Creek/Tatla Mun Lake/Yukon River Broad Whitefish radio tagging and monitoring studies were completed and areportproduced.
- Drafting of the Mandanna Lake Management Plan was done and a public review of the Carmacks RRC completed. The Plan was recommended to the Minister for approval.
- The legal description for the Tombstone SMA was completed by the TH, Natural Resources Canada and INAC.
- Work began on the Tombstone Management Plan by the Tombstone Park Steering Committee, and the first round of territory-wide public consultations to solicit issues to be considered in the Plan was completed. In this regard, the following research was undertaken:
- the second year of winter and summer recreational use surveys in Tombstone Park;
- an ethno-history research project for the Park and a final report on vegetation communities in Tombstone;
- in conjunction with the TH, a door-to-door survey of TH citizens in Dawson and Whitehorse; and
- completion of an economic opportunities report related to the proposed park.
- The draft for the Teslin Integrated Fish and Wildlife Management Plan was completed following two information and planning workshops.
- The North Yukon Fish and Wildlife Management Plan was developed through a process which included a community information workshop.
- In conjunction with the MDRRC, the Department identified important issues to be addressed in the upcoming review of the Mayo Integrated Fish and Wildlife Management Plan.
- Preliminary discussions were held with the ARRC, Kluane Park Management Board, the CAFN, Parks Canada and British Columbia to develop an interagency bear management plan for the area.
- The Horseshoe Slough Habitat Protection Area Management Plan was approved and a public information brochure produced.
- The draft management plan for the Nordenskiold HPA was prepared followed by public consultation on the plan.
- The Mandanna Lake trout spawning and recruitment studies continued.
Management Plan Implementation
- Tatla Mun and Mandanna special angling regulations were implemented as provided for in the management plans.
Environmental assessment activities included:
- project tracking for Dublin Gulch Project Management with respect to interim measures associated with the Development Assessment Process;
- consultations with all Yukon First Nations on new regulations or amendments under the Environment Act (Revised Contaminated Sites Regulations and Designated Materials Regulations - for Tire Recycling);
- work with the ARRC on fire abatement and wood salvage in the Haines Junction area;
- participation with the federal government in the completion of PSTA (forest) fire contracts with self-governing First Nations; and
- with respect to the Aishihik hydro project (relicensing by the Yukon Energy Corporation for the Aishihik electrical generating facility), participation with the CAFN, INAC and Fisheries and Ocean Canada on the Co-operative Environmental Review Committee as joint participants in developing an environmental screening for the water licence application and subsequent regulatory hearings.
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
Land use and land planning activities included:
- liaison with band resource officers on fish and wildlife issues stemming from land use applications (INAC);
- participation in the Federal/Territorial Lands Advisory Committee which screened applications for Yukon First Nation land selection and land settlement conflicts;
- participation in the Yukon River Inter-Tribal Watershed Council workshop;
- distribution of summarized land use applications to various parties, including First Nations trappers and councils (if trappers had concerns regarding potential trapping conflicts with the proposed land use operation, mediation processes were discussed if necessary and trapper concerns forwarded to INAC on their behalf); and
- participation in the North Yukon Land Use Planning process. Through a Yukon inter-departmental working group, the Department provided the NYLUPC with information on issues affecting the North Yukon region.
Forest Resource Planning
- Timber policy and planning included, but was not limited to,forest management planning within the Teslin Tlingit RRC.
The Department also continued to participate in inter-governmental discussions on trappers' compensation.
Department of Tourism
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:
- Participation continued in discussions with individual First Nations and Canada to prepare strategic heritage plans which address resource allocation equity provisions. Terms of reference and work plans for this project were signed off with the NND, TH, CAFN, VGFN and Canada.
- Management planning for a number of heritage sites was ongoing. The Forty Mile joint steering committee completed the terms of reference for preparation of a management plan and hired a planning consultant to work on developing the plan in 2002-2003. The management plan for the sites of Rampart House and LaPierre House was signed by the Minister of Tourism and the Chief of the VGFN, on behalf of their respective governments.
- A member of the VGFN completed the final year ofathree-year heritage officer training internship.
- Funding was provided for a joint VGFN, Heritage Branch and Parks Canada oral history project in the Old Crow region of northern Yukon.
- The Branch continued to allocate existing program resources for the development and management of heritage resources including the historic building restorations at Rampart House, Forty Mile and Fort Selkirk, and publication of a booklet, Tro'chek - The Archaeology and History of a Han Fish Camp,which deals with the significant TH site at Klondike City/Lousetown, adjacent to Dawson City.
- Archaeological investigations continued at the historic site of Forty Mile in cooperation with TH. Tr'ondëk Hwëch'in students worked with archaeologists to map historic features of the pre-gold-rush town and continued excavation of a significant pre-European contact occupation of the site. The research, which began in 1999, will assist in the planning and management of the Forty Mile, Fort Cudahy and Fort Constantine Historic Site. This is identified in the Tr'ondëk Hwëch'in Final Agreement as a historic site to be jointly managed by the TH and Yukon.
- Funding was provided to the Yukon First Nations' Tourism Association to bring in a guest speaker from the Blackfoot First Nation in Alberta who spoke on involvement in the Head-Smashed-In Buffalo Jump Interpretation Centre, a UNESCO World Heritage Site.
- The Branch participated in, and supported an international symposium of Upper Yukon River heritage in Dawson City. The conference involved Parks Canada, the United States Parks Service, the TH and the University of Alaska.
- Development and enhancement of the Branch database of Yukon First Nations artifacts held in museums and other repositories outside of Yukon continued. The information is accessed by Yukon First Nations wishing to identify collections to be used in cultural heritage projects.
Industry Services Branch
In 2001-2002, final agreement implementation activities resulted in increased demands in several key areas:
- participation and response to final agreement driven initiatives that include or affect tourism opportunities for Yukon First Nations and others;
- service improvements to Yukon First Nations individuals wishing to develop tourism businesses that capitalize on growing market interest in Aboriginal tourism products; and
- service improvements to YFN governments, corporations and organizations interested in tourism-related economic opportunities for their members. Special Management Area projects included:
- provision of detailed information to the Tombstone Park Steering Committee on tourism activities, resources and economic potential, drafting tourism-related sections of plans and participation on the Corridor Working Group;
- provision of preliminary tourism information to the Tr'ochëk Heritage Site Steering Committee to help identify potential economic opportunities through the creation of a "first-class tourism attraction" ;
- review and tourism-related input into the Fishing Branch Wilderness Preserve and HPA plans;
- provision of detailed tourism information and assessments for the Vuntut National Park Management Planning Team and a review of draft planning material;
- participation on Yukon Ddhaw Gro advisory group and provision of tourism information as required; and
- provision of detailed information, research and assessment of tourism activities, market demand, tourism potential and tourism-related economic opportunities for Yukon First Nations and the Kluane National Park Management Planning Team, and review of draft planning documents. The Kluane Region Tourism Plan provided additional information for the Planning Team.
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.
- Community-based work took place on a Vuntut region tourism plan, including several meetings with the Vuntut Development Corporation and its executive director. A tourism market demand was completed, and submitted to the VGFN. The draft regional tourism plan was awaiting presentation to the Vuntut Development Corporation at year end. The final plan will reflect community priorities and capabilities, and identify and assess realistic tourism product development opportunities in the VGFN traditional territory, including those in SMAs, the VGFN Economic Opportunities Plan and other initiatives driven by the Vuntut Gwitchin First Nation Final Agreement.
- The Branch participated in discussions on the development of an Old Crow visitors centre with the VGFN and Parks Canada:
- Consultations continued with communities and First Nations in the Campbell Region toward a new tourism plan in the spring of 2001.The LSCFN, the Village of Carmacks and the Town of Faro were interested in this planning initiative. Branch staff continued to gather information on the region, anticipating that planning will take place next year.
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:
- developing and distributing a funding sources booklet with a focus on Yukon First Nations programs;
- attending the First Nation career fairs in Dawson, Teslin and Haines Junction;
- ongoing communication and distribution of Aboriginal tourism-related information to Yukon First Nations, such as local and national conferences, new research, industry newsletters, funding sources and workshop information,
- working with Arts Branch staff and consultants to deliver arts and crafts product development workshops for TTC members;
- providing staff and financial support for the Yukon First Nations' Tourism Association annual general meeting and other activities; and
- meeting with SFN and NND members for their input into the Stay Another Day program.
Yukon Housing Corporation
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.
Government of Canada
Indian and Northern Affairs Canada
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:
- Land Resources received three land exchange requests from Yukon First Nations as per section 9.6.1 of the SGAs. These requests are being reviewed within the Northern Affairs Program and Yukon
- With Claims and Indian Government, Natural Resources Canada and YG, Land Resources completed the development of a memorandum of understanding (MOU) and are in the process of having it signed by all parties. This MOU addresses Yukon First Nation concerns regarding inaccurately defined S-Sites.
- Land Resources continued to protect S-Sites for the seven Yukon First Nations Final Agreements through Orders-in-Council, as provided for in UFA section 5.14.4.
- Protection of SMAs required by the self-government agreements continued. Horseshoe Slough HPA and Fishing Branch Ecological Reserve are in the process of being transferred.
- Land Resources continued to carry out INAC's responsibility for the administration of encumbering rights on settlement land as negotiated in the final agreements. This included leases, licences, easements, reservations, land use and quarry permits.
- Land Resources, in conjunction with Yukon, worked on a trappers' compensation process, as per section 16.11.13 of the final agreements.
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.
- (Mining Land Use) consulted all YFNs on all applications filed pursuant to Part II of the Yukon Quartz Mining Act and the Yukon Placer Mining Act. Mineral Resources also hosted a First Nations workshop on government processes in mining, including the mining land use process.
- First Nation liaison was used to develop lines of communication with the Yukon First Nations and to provide a contact for their concerns regarding mine sites within their traditional territories.
- Indian and Northern Affairs Canada co-ordinated with Mineral Resources to design projects at the Anvil Range mining properties which could be contracted to First Nations development corporations.
- Initiated forestry management planning in the CAFN and TTC traditional territories. A protocol agreement and work plan to complete forest management plans were signed by the CAFN,TTC and their respective RRCs with Yukon and INAC. The co-operative planning process will include First Nations, Yukon and Crown lands. Discussions toward a similar arrangement took place with the SFN, TH, LSCFN and NND.
- Consultations continued on timber harvesting applications and planning areas with First Nations traditional land users and trappers to recognize First Nations values. The consultation process often included face-to-face meetings where First Nations traditional land users could express their interest and concerns, and also suggest mitigative measures.
- Capacity building continued through the Band Resource Officer Program. This program supports a one-half person year for Yukon First Nations to participate fully in the Land, Forestry and Field Operations Committee and programs.
- Planting contracts and work were offered to First Nations.
- Forestry Resources set up a standing offer with the NND for inventory work; however, no work was required in 2001-2002.
- Forestry Resources initiated the fire action zonation map review, with consultation and information gathering to be completed by April 1, 2002.
- Discussions to establish the terms and conditions for fire management services as described in the PSTAs with each self-governing First Nations. April 2002 was targeted as the implementation date.
- Inspections increased of abandoned mines with impacts on First Nations lands or traditional resource harvesting. Special inspections of the Ketza Mine, including a contracted geo-technical expert's review of the tailings dams and diversion ditches, occurred as a result of concerns expressed by the Ross River Dena Council.
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:
Vuntut Gwitchin First Nation
- The Vuntut caribou fence archaeological recording project was initiated in the summer of 2002 to be implemented over three field seasons.
- An interactive Web site development, which focusses on caribou fences in Vuntut National Park, was under way.
- The Vuntut Gwitchin Oral History Project continued through the reporting period with funding from Parks Canada,and will be continued on a smaller scale for another two to three years. The development of a photo database is part of this work. The project objectives are to enhance the community's ability to articulate its values and traditional knowledge to cover management of the National Park and to inform Canadians of the Vuntut Gwitchin contribution to Canada.
- The visitor reception and operations centre in the Park proceeded with the initiation of a business case in 2001-2002.
- In a project supported by the NYRRC, Parks Canada began a multi-year study to establish important baseline information about the population of wolverines and other mustelids within the park. This information will help manage these populations in a sustainable manner throughout the traditional territories of the Vuntut Gwitchin and provide managers with an indicator to judge the overall health of the ecosystem.
- The Park superintendent or a delegate met with the RRCs more frequently than the annual requirement of the UFA, to consult on Park development and management matters.
- The Park management plan was worked on, prior to its anticipated recommendation and approval, by the Minister.
- Parks Canada continued to train and employ VGFN beneficiaries and met the goal of at least 50 percent of the public service employment positions being filled by Vuntut Gwitchin. Parks Canada has also seconded an employee to the VGFN to meet common government objectives of Parks Canada and the VGFN.
- Parks Canada continued to contract the VGFN to provide maintenance and upkeep of its facilities in Old Crow.In general, information respecting contracts for the provision of goods and services in the VGFN traditional territory are provided to the VGFN.
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:
- sponsorship of archeological research in the summer of 2001;
- assistance in the development of an exhibit in the Danoja Zho Culture Centre;
- provision of staff training for Tr'ondëk Hwëch'in Culture Centre interpreters;
- organization of a commemorative integrity workshop for the Site; and
- continuation of work on the draft management plan for the Site with an expected public review in the fall of 2002.
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.
Champagne and Aishihik First Nations
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.
Northern Conservation Division
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:
- The Corporate Affairs Branch continued to participate in a review of the Yukon Human Resources Plan, undertaken by the federal PSC.
- The INAC/EC Environmental Capacity Development Initiative (ECDI) funded a proposal to consult Elders and write a report on First Nations' perspectives on bears, as well as watershed information gathering and management planning in co-ordination with the Yukon River Inter-Tribal Watershed Council. The ECDI funded a GIS project with the VGFN and a project with the Council on Web-site development. It also funded the First Nation Environmental Steering Committee.
- The NCD participated in meetings and workshops in Old Crow and Whitehorse aimed at developing amanagement plan for the Old Crow Flats SMA as per section 5.0, schedule C, Chapter 10 of the Vuntut Gwitchin First Nations Final Agreement. Planning efforts for the SMA recently focussed on the future status of two pieces of undesignated federal land. Currently, the process has stalled because of Yukon concerns about the status of these two parcels of federal land. The NCD continued to co-operate with Parks Canada on mapping land cover in the SMA.
- The NCD continued work to update the Nisutlin River Delta National Wildlife Area Management Plan in conjunction with the Teslin RRC, the TTC and the Yukon Department of Renewable Resources.
Additionally, the NCD participated in a habitat workshop in Teslin hosted by the Teslin RRC.
- The NCD continued to work with other groups and agencies through the Yukon Wetlands Technical Committee to develop and implement a framework and strategy to protect important wetlands throughout Yukon.
- The NCD provided ongoing technical advice regarding forestry issues to the TTC.
- The NCD continued to consult with First Nations on the development of federal species at risk legislation. TheCYFN was an active participant with the Aboriginal Working Group concerning this proposed legislation. The NCD participated in a workshop in Edmonton in January 2002 to which all co-management boards across the country were invited to discuss ways to involve wildlife management boards in the implementation of the new federal species at risk act. The NCD also participated in two Yukon government workshops in the spring and summer of 2001 to develop parallel Yukon legislation for species at risk protection. Representatives from all the Yukon co-management bodies and First Nations attended these workshops. The NCD provided updates on the federal species at risk legislation at each workshop.
- The NCD continued to co-ordinate the Arctic Borderlands Ecological Knowledge Co-op's community-based monitoring program in Old Crow, including consulting with the NYRRC and the VGFN Lands and Resources Department, and contracting a VGFN beneficiary to conduct and report on community interviews related to ecological status and trends. This program is directed by a board that includes members from Old Crow, Aklavik, Fort McPherson and Alaskan communities.
- The NCD worked with the CYFN and individual First Nations on monitoring and communicating information about contaminants in country foods through the Yukon Contaminants Committee. Other information and technical advice on contaminants provided to the Committee included curriculum development, data analysis and monitoring.
- As a continuation of the 2000-2001 pilot study on forest birds conducted in co-operation with the Teslin RRC and the TTC, songbird surveys and forest habitat sampling in the Teslin area were undertaken in 2001-2002. The TTC provided a summer student to assist with the fieldwork. The Teslin RRC assisted in hiring a local field assistant and covered 50 percent of the assistant's salary. A summary report of the project's activities and preliminary results were provided to the Teslin RRC for inclusion in its annual report.
- The NCD has a partnership with Yukon, Ducks Unlimited, the TTC, CAFN and ARRC on a land cover and waterfowl inventory project in the Southern Lakes regions of Yukon. The NCD has a similar partnership with Ducks Unlimited, the NND and the Tetlit Gwitch'in on a land cover classification project in the Peel Plateau region.
Environmental Protection Branch
Activities of the Environmental Protection Branch (EPB) included the following:
- The EPB was an active member of the federal DAP caucus. This involved reviewing position papers prepared by the federal lead (INAC) and recommending conditions that the DAP process should meet to accomplish EC requirements and to meet the needs of the Canadian Environmental Assessment Act.Drafts of the proposed YESSA legislation have been reviewed. Other parties have been kept informed through briefing by the Yukon Management Team or through direct contact for input (UFA section 12.3.0).
- The EPB contacted the CYFN and all self-governing First Nations in Yukon to discuss their interest in becoming participants in the Letter of Understanding Concerning Government Response to Spills in the Yukon. A number of First Nations confirmed their interest. This initiative was a result of the Self-Government Agreements, which provide Yukon First Nations with environmental management responsibilities.
- The EPB met with the YSC to provide information related to the 24 hour spill- reporting number and the responsibilities of government departments related to spills and environmental emergencies.
- The EPB worked with INAC in the provision of environmental training for Yukon First Nations environmental staff.
- The EPB initiated direct contact with the TTC, NND, LSCFN, CAFN and VGFN to solicit input on matters associated with wildlife/pollution enforcement, sustainable community initiatives, and pollution threats/contaminated sites.
- The EPB worked co-operatively with the TH to evaluate the effects of land disposal of treated effluent in a forested area at the Brewery Creek mine.
- The EPB provided a workshop to the VGFN on the regulations related to steel shot versus lead shot and the reasons for the regulation. The workshop provided hands-on training on the use of steel shot for members of the First Nation. Similar workshops are planned with other First Nations.
- The EPB met with the YFWMB as needed to discuss federal wildlife regulations and continued to work with the Board to ensure that Yukon First Nations have input into new regulations (UFA section 16.5.3). Working together, the EPB and the NCD attempt to keep the YFWMB and other groups abreast of progress in, and the implications of, the amendments to the Migratory Birds Convention vis-à-vis the UFA (section 16.3.5).
- The EPB continued to participate in meetings of the Yukon Inter-Tribal Watershed Council to establish links with Yukon First Nations and provide information to the Council on departmental programs. The Council consists of Yukon and Alaskan First Nations along the Yukon River (nine active First Nations) that wish to initiate action to protect Yukon River water quality in aco-operative manner with government. The EPB provided funding support for a computer specialist to establish Web pages and information programs for the First Nations members of the Council. An EPB intern worked closely with the Council during the latter part of the year as a science specialist to compile water quality and land use planning information.
Fisheries and Oceans Canada
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:
Habitat Conservation and Stewardship Program
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
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 Klukshu Weir is operated in partnership with theCAFN. During the year, the Weir was moved in response to First Nation concerns. The Department continued to address issues with this project through theAlsek River Working Group, which is composed of representatives from the CAFN, YSC and FOC.
- The Klukshu Weir project continued to offer economic benefits to the community through employment opportunities, as well as capacity building, and is agoodexample of a co-management initiative.
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
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:
Natural Resources Canada
Legal Surveys Division
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:
- Survey field contracts began in the spring with the bulk of work carried out in the summer and early fall of 2001. Plan preparation by the contractors was in late fall/winter 2001-2002. Review of plans by the Settlement Land Committees and signing by the Parties occurred throughout the year.
- A Settlement Land Committee was established in preparation for the survey program implementation of theTa'an Kwäch'än Council Final Agreement.
- The legal descriptions of SMAs listed in Chapter 10 of the Selkirk First Nation Final Agreement, Ddhaw Ghro HPA, Lhutsaw Wetland HPA, and Ta'tla Mun SMA, were defined by administrative plans produced by the Legal Surveys Division.
- An MOU between the Parties to the final agreements, to facilitate the exchange of land where site-specific selections were incorrectly located, is expected to be completed by INAC before it devolves the lands responsibilities over to Yukon on April 1, 2003. Five of theYukon First Nations survey programs are awaiting this agreement to facilitate changes to the location of site-specific selections that were not plotted in the correct location on maps forming Appendix B to their respective agreements.
Public Service Commission
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
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 18.104.22.168 and 22.214.171.124, 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.
Federal Implementation Co-ordination
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:
- increased funding (on an interim basis) provided to the RRCs through a reallocation of funding within existing authorities;
- agreement between the parties represented that the IWG would be the most appropriate forum to monitor implementation of PSTAs; and
- continued discussions on the proposed amendments to the implementation plans for the CAFN, NND, TTC and VGFN, which would allow them to integrate language from the Tr'ondëk Hwëch'in Implementation Plan into their implementation plans.
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:
Financial Compensation Payments
* 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.
Appendix 1: Yukon First Nations
- Carcross/Tagish First Nation
- Champagne and Aishihik First Nations
- First Nation of Nacho Nyak Dun
- Kluane First Nation
- Kwanlin Dun Liard First Nation
- Little Salmon/Carmacks First Nation
- Ross River Dena Council
- Selkirk First Nation
- Tan'an Kwäch'än Council
- Teslin Tlingit Council
- Tr'ondëk Hwëch'in
- Vuntut Gwitchin First Nation
- White River First Nation
Appendix 2: Yukon First Nations with Final Agreements and Self-government Agreements
(effective March 31, 2002)
- Champagne and Aishihik First Nations
- First Nation of Nacho Nyak Dun
- Little Salmon/Carmacks First Nation
- Selkirk First Nation
- Teslin Tlingit Council
- Tr'ondëk Hwëch'in
- Vuntut Gwitchin First Nation
Appendix 3: Features of the Umbrella Final Agreement
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:
- title to 41,439 square kilometres of land including Category A land with surface and sub-surface rights and Category B land with surface rights only, but including rights to 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;
- the $6,500,000 YIPTT (1988 dollars);
- the $3,000,000 Fish and Wildlife Management Trust;
- up to $1,500,000 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 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;
- rights to harvest wildlife for subsistence purposes throughout the traditional territory;
- preferential harvesting of some species and exclusive harvesting on Category A settlement land;
- about 70 percent of the traplines allocated in each traditional territory;
- guaranteed one-third First Nation membership on the YWB, the DRB and the YLUPC, and up to two-thirds representation on regional land use planning councils;
- guaranteed 50 percent representation on the Development Assessment Board, YSRB, FWMB and the traditional territory RRCs;
- provisions for promoting and preserving the culture and heritage of Yukon First Nations; and
- provisions for the ownership and management of heritage resources and designated heritage sites.
Appendix 4: Features of the Yukon First Nation Final 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 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
(Effective date: February 14, 1995)
- A total of 1,230.24 square kilometres (475 square miles) of land with surface and sub-surface title (Category A); 1,165.49 square kilometres (450 square miles) of land with surface title only, but including rights to materials such as sand and gravel (Category B); and 31.52 square kilometres (12.17 square miles) of land set aside as reserve.
- Financial compensation payments of $31,937,855 over 15 years.
- Specific moose harvests for subsistence needs.
- Primary consideration in allocation of freshwater fish resources in the 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 public service positions in Kluane Park.
- Exclusive opportunity or right of first refusal for commercial operations in Kluane Park.
- Exclusive harvesting rights in Kluane National Park within the Champagne and Aishihik traditional territory.
- Establishment of a SMA to guide the development of Kluane National Park 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 Nacho Nyak Dun
(Effective date: February 14, 1995)
- A total of 2,408.69 square kilometres (930 square miles) of land surface and sub-surface title; 2,330.99 square kilometres (900 square miles) of land surface title only, but including rights to material such as sand and gravel; and 9.27 square kilometres (3.58 square miles) of land set aside as reserve.
- Financial compensation payments of $16,888,734 over 15 years.
- Specific commercial wilderness rights in commercial freshwater fishing, adventure travel and commercial freshwater sports fishing.
- A comprehensive economic plan which may include preferential employment and business initiatives for the NND.
- Subsistence harvesting rights of moose, woodland caribou, fish, birds, etc.
- Agreement to enter into negotiations with government and the SFN to establish the McArthur Wildlife Sanctuary as a SMA.
- Representation on the Peel River Advisory Committee.
- Establishment of a wetland HPA at Horseshoe Slough.
- Participation in management of the Peel River watershed.
- Designation and management of a trading post on NND settlement land at Lansing as a historic site.
- Provisions to nominate the Bonnet Plume River as a Canadian heritage river.
Teslin Tlingit Council
(Effective date: February 14, 1995)
- A total of 1,230.24 square kilometres (475 square miles) of land with surface and sub-surface title; 1,165.49 square kilometres (450 square miles) of land with title in surface only,but including rights to material such as sand and gravel; and 33.36 square kilometres (12.88 square miles) of land set aside as reserve.
- Financial compensation payments of $21,646,715 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 traditional territory.
- Required approval for any proposed game farming or ranching activities in the traditional territory when Teslin Tlingit 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 Teslin Tlingit.
- 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
(Effective date: February 14, 1995)
- A total of 7,744.06 square kilometres (2,990 square miles) of land with surface and sub-surface title; 7.16 square kilometres (2.74 square miles) of land set aside as reserve.
- Financial compensation payments of $22,234,780 over 15 years.
- Exclusive rights to all new big game outfitting concessions within the 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 public service positions with theVuntut National Park to employ VGFN members.
- First option on business licences within the Vuntut National Park.
- Specific moose harvest for subsistence needs.
- Basic needs allocation of salmon in the Porcupine River drainage basin.
- Rights to subsistence level and harvesting in the VGFN traditional territory.
- Three SMAs to be established: 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
(Effective date: October 1, 1997)
- A total of 2,598.46 square kilometres (1,003.27 square miles) of settlement land with title to the surface, including 1,533.99 square kilometres (600 square miles) 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 the moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Exclusive harvesting rights on Category A settlement land.
- An SMA established to guide the management and development of the Nordenskiold Wetland HPA.
- A management plan for Mandanna Lake to be jointly prepared by government and the LSCFN to address and balance priorities of harvest between the First Nation and other users.
- Processes to enable co-operation between the First Nation and government in identifying and protecting heritage sites incorporated into the Final Agreement.
Selkirk First Nation
(Effective date: October 1, 1997)
- A total of 4,739 square kilometres (1,830 square miles) of settlement land with surface title, including 2,408.69 square kilometres (930 square miles) 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 the moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Exclusive harvesting rights on Category A settlement land.
- SMAs to be established to guide the management, protection and development of Ta'Tla Mun Lake, the Lhutsaw Wetland HPA and the Ddhaw Ghro HPA.
- Fort Selkirk to become a designated historic site and jointly owned, planned and managed by the SFN and Yukon.
(Effective date: September 15, 1998)
- A total of 2,598 square kilometres (1,003 square miles) of settlement land with surface title, including 1,554 square kilometres (600 square miles) 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.
- Tombstone Territorial Park to be established as a SMA in the central Yukon following a two-year public consultation process; Canada to transfer the land for the park to the Commissioner of Yukon and permanently withdraw mines and mineral mining rights once the park has been approved.
- The Tr'o-ju-wech'in Heritage Site to be established in the area 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; the TH to control those uses which 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 if a decision is made to proceed with the project.
- A working group established to make recommendations to the Minister and the 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 sites will be established as a designated heritage site and will be jointly owned and managed by the TH and the Yukon government.
Appendix 5: Financial Compensation Payments
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:
Appendix 6: Costs of Implementation
These funds represent funds allocated by Canada to the CYFN and various boards and committees for implementation purposes.
Appendix 7: Membership of Implementing Bodies Payments
Mary Jane Jim
Yukon Geographical Place Names Board
Yukon Heritage Resources Board
Rob Bruce, Jr.
Thomas J. Hammer
Yukon Land Use Planning Council
North Yukon Land Use Planning Commission
Darius P. Kassi
Teslin Land Use Planning Commission
Yukon Surface Rights Board
F. Bruce Underhill
Yukon Territory Water Board
Dispute Resolution Board
Tracy- Anne McPhee
John L. Wright
Yukon Fish And Wildlife Management Board
Yukon Salmon Committee
Training Policy Committee
Kathy Van Bibber
Alsek Renewable Resources Council
Carmacks Renewable Resources Council
David Tom, Jr.
Dawson District Renewable Resources Council
Mayo District Renewable Resources Council
North Yukon Renewable Resources Council
Robert Bruce, Jr.
Selkirk Renewable Resources Council
Teslin Renewable Resources Council
Appendix 8: List of Acronyms
Appendix 9: Map of Traditional Territories
- Date modified: