Annual Report 2000-2001 - Yukon Comprehensive Land Claim Agreements

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Lawrence Charlie

Old Crow, Yukon
Northern Hunters, 2003
ink drawing
Old Crow

Lawrence Charlie is from Old Crow, a small northern Yukon community on the banks of the Porcupine River. His ancestors are from the Gwitchin and Southern Tutchone First Nations. His childhood was spent on the land trapping, hunting and listening to the old stories told by his grandparents. Gwitchin stories are filled with giant men and animals, heroes and warriors who shaped their strong and independent nation. Lawrence's artistic motivation comes from his grandparents (Fanny and Charlie Peter Charlie). He has been fortunate to be able to watch his grandparents create traditional tools with their hands - a prime motivator for his artwork.

Minister's Foreword

I am pleased to present the sixth annual report of the Yukon land claim agreements. One key achievement of this period has been the release of the Five-Year Review of the Umbrella Final Agreement Implementation Plan and first four Yukon First Nations Final Agreement Implementation Plans. This report notes that in the five years covered by the review, there have been enormous changes in Yukon. I am especially pleased to note that many partnering approaches have emerged as a means to 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'ondek Hwech'in. Participation from these First Nations, as well as from the governments of Yukon and Canada and other implementing bodies, have made this report possible for another year.

I look forward to ongoing negotiation and settlement of future land claim and Self-Government Agreements for the remaining Yukon First Nations.

Signed by the Honourable Robert D. Nault, P.C., M.P. Minister of Indian Affairs and Northern Development

Highlights

Introduction

Yukon Territory is home to 14 individual First Nations representing approximately 8,250 Yukon Indian people (see Appendix 1). In 1973, these First Nations formed an umbrella organization, known as the Council for Yukon Indians (CYI) to pursue a comprehensive land claim with the federal government. In 1995, the CYI changed its name to the Council of Yukon First Nations (CYFN).

In 1989, the Government of Canada (Canada), Yukon Government (Yukon) and CYI reached an Agreement-in-Principle which became the basis for the Council for Yukon Indians Umbrella Final Agreement (UFA). Shortly after the conclusion of the Agreement-in-Principle, the parties also agreed that, rather than a single, territory-wide agreement, individual Self-Government Agreements embodying the provisions of the UFA would be concluded with each of the 14 Yukon First Nations (YFNs).

On May 29, 1993, representatives of Canada, Yukon and CYI signed the UFA. On the same date, Final Agreements incorporating the UFA and Self-Government Agreements (SGAs) were signed between Canada, Yukon and 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).

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 First Nation Self-Government Agreements.

The Little Salmon/Carmacks First Nation (LSCFN) and Selkirk First Nation (SFN) Final and Self-Government Agreements were signed on July 21, 1997. The agreements took effect October 1, 1997. The Tr'ondek Hwech'in (TH) Final and Self-Government Agreements were signed on July 16, 1998, and came into effect on October 1, 1998.

The seven YFNs with Self-Government Agreements comprise approximately 5,236 beneficiaries. Under these Self-Government 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 to conclude Self-Government Agreements with the remaining seven First Nations continue.

Summary of Implementation Activities and Background

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 an informal Implementation Working Group (IWG) to monitor the implementation of the agreements and to address implementation issues. The IWG consists of representatives of Canada, Yukon, CYFN and the seven YFNs with Self-Government Agreements.

To address the requirements for a Five-Year Review of the first four Final Agreement and UFA Implementation Plans, a number of representatives on the IWG (or their delegates) formed an Implementation Review Working Group (IRWG). This group completed its work during the fiscal year.

  • The IWG/IRWG met three times in Whitehorse during the year. The main focus of these meetings was completion of the Five-Year Review by the IRGW and the initial work by the IWG to follow up on recommendations in the final report.
  • To expedite completion of the Five-Year Review, the IRWG established July 2000 as the cut-off date for updates to the implementation status reports. The status reports were then reviewed by the group, and final copies prepared for sign-off. Considerable time also went into reviewing successive drafts of the Five-Year Review report and arriving at a consensus of its contents. This work was completed by December 2000 and the final report was signed off by the IRWG on December 6, 2000, along with the status reports.
  • At the December meeting, the IWG began planning for follow-up on the Five-Year Review report. A priority list of issues was developed and a work plan prepared.
  • Forestry issues were among the top priorities. Indian and Northern Affairs Canada (INAC) Forestry Resources, Yukon and YFNs representatives attended the IWG's February meeting to discuss First Nations concerns and explore possible remedies. Work was also undertaken by various parties to address the issues around consultation and the orientation of boards to their mandates.

Boards, Councils, Committees and Commissions

Dispute Resolution Board

The Dispute Resolution Board (DRB) was established to provide a comprehensive dispute 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, Canada and Yukon.

A report from the DRB was not available for this publication.

Enrollment Commission

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 the YFNs' enrollment committees 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 UFA section 3.10.4, 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 First Nation Final Agreement is signed, whichever occurs first. At dissolution, the Commission will turn over all documents and records to the DRB.

The membership comprises of three commissioners and their alternates. One commissioner and alternate are nominated by the CYFN, one commissioner and alternate are jointly nominated by Canada and Yukon, and the third commissioner and alternate are chosen by the other two nominees. Appointments are made by the Minister of Indian and Northern Affairs Canada.

The Commission has established working relationships with YFNs, various First Nations outside Yukon, and federal and territorial government agencies. Yukon's Family and Children's Services and the Commission work together to enrol YFN descendants whose adoptions occur within Yukon. Family and Children's Services also works with adoption agencies outside Yukon to ensure that YFN descendants whose adoptions occurred outside Yukon are enrolled.

The Commission finalized its Appeal Rules. Copies were provided to YFN Chiefs and Councils, enrollment committees and the three parties to the UFA.

Section 3.9.0 of the CAFN, NND, VGFN and TTC Self-Government Agreements transferred responsibility for enrollment of beneficiaries to these First Nations as of February 14, 1997. The LSCFN and SFN assumed duties of enrollment on July 21, 1999. The TH assumed the duties of enrollment, with the exception of applications pending before the Board, on July 16, 2000.

The Commission, together with the remaining enrollment committees, continued to carry out responsibilities and duties as outlined in Chapter 3 of the UFA. In 2000-2001, the enrollment population of these seven remaining committees was 3,191 with 202 applications pending.

When the Commission ceases to exist, communication between First Nations will be vital to ensure that persons are enrolled with only one claim in instances when an applicant has birth ties to more than one YFN.

Since 1990, 94 persons have been employed as enrollment commissioners with the 14 YFNs. The high turnover rate of YFNs enrollment co-ordinators, and periods between recruitment to these positions, can cause difficulties in effective networking among the YFNs and in ensuring continuity of the enrollment process.

In 2001, the Commission trained new enrollment coordinators for the Ross River Dena Council, Liard First Nation, Ta'an Kwach'an Council and TTC.

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 Government's Minister of Renewable Resources appoints the 12-member board, consisting of six nominees by the CYFN and six by Yukon.

The Board has a secretariat of four staff members. The executive director and the executive assistant are both employed full-time, whereas the policy analyst and the trust co-ordinator are each employed on a half-time basis.

During this review period, the YFWMB:

  • held seven meetings, each of which was three or four days in duration;
  • published a comprehensive annual report;
  • held a public meeting on the proposed regulation changes for fish and wildlife management;
  • attended various meetings, conferences and workshops;
  • held its annual open house on December 6, 2000;
  • held regular and issue-specific working group meetings to discuss their concerns. The Board convened eight working groups during the review period. They were focussed on:
  • access management;
  • fish think tank;
  • communications;
  • Forty Mile caribou herd;
  • ground-based monitoring;
  • habitat protection;
  • outfitter meat management; and
  • traditional knowledge.

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 for features located within Yukon, excluding highways, municipalities, parks or waterways originating from parks.

There are six members on the Board, three nominated by Yukon, and three nominated by the CYFN. The Yukon Minister of Tourism appoints all board members. During the review period, the following activities were undertaken:

  • The YGPNB held two meetings to review and process eight place name applications. Each application was reviewed for completeness, accuracy and significance of the proposed place name to the history and/or culture of Yukon;
  • The Board met with the Yukon Government's Minister of Tourism to discuss the need to clarify the place naming processes within federal parks. Other issues discussed were the Board's long standing recommendations that Yukon establish a full-time toponymist position and that it also raise awareness of local place names through the installation of highway signage at appropriate locations.

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 YFN regarding the management of Yukon and YFN heritage resources. It focuses mainly 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 comprises of 10 representatives from across Yukon, including five Yukon appointees and five CYFN appointees. One of the members appointed by Yukon must be acceptable to Canada.

The YHRB was active in the following areas:

  • The Board moved into a permanent location in a prominent local heritage building, the Taylor House, in Whitehorse. An open house was held for all First Nations, heritage institutions and government agencies to welcome them into the new office.
  • The first permanent position of administrative manager was filled in August by a candidate with extensive academic background and experience in heritage issues and management of heritage resources.
  • The YHRB and the Yukon Historical and Museums Association jointly nominated the MacBride Museum project, The Carving of a Tlingit Canoe, for a Canadian Museums Association award for outstanding achievement. The project received an honourable mention in the awards.
  • The Board tendered a document for the development of historic sites evaluation criteria. Under the Historic Resources Act and the UFA, one of the YHRB's functions is to make recommendations to the Yukon Government's Minister responsible for heritage and to YFNs on designation of sites as Designated Heritage Sites. Under the direction of the Board and Yukon's Heritage Branch, a consulting firm began work on the development of criteria and a process for the evaluation of territorial sites nominated for designation.
  • Members of the Board's executive committee met with the CYFN Grand Chief to review the proposed historic sites evaluation criteria and process project. The chair also presented this project to First Nations Chiefs at the Chiefs' leadership meeting.
  • The Board hosted meetings with the Historic Sites and Museums Board of Canada, Tr'ochek Heritage Site Steering Committee and an architectural historian for Parks Canada on the national designation of the Old Territorial Administration Building in Dawson City.
  • The YHRB attended the open houses of Tombstone Territorial Park and Vuntut National Park regarding management planning issues.
  • The YHRB provided input into the Herschel Island Management Plan at an open house hosted by Yukon's Department of Renewable Resources and Heritage Branch.
  • The draft text of the October 1999 Adaka conference was completed and sent to the editorial advisory committee for review and comment.

The terms of all Board appointees expired on March 11, 2001.

Yukon Land Use Planning Council

Established February 14, 1995, the Yukon Land Use Planning Council (YLUPC) is responsible for providing recommendations to governments and each affected YFN 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 boundaries of each planning region.

The YLUPC comprises of three members, each independently nominated by the CYFN, Yukon and Canada. The Minister of INAC appoints the nominees to the Council.

The most significant event of the year was the formation of the Vuntut Planning Commission with the appointment of the six-member board in August and the inaugural meeting in October. This Commission has been collaborating with the staff and board members of the YLUPC in the development of a land use plan.

The YLUPC was active in the following areas:

  • The Council hosted a conference in December entitled Ready or Not, Here We Plan! as a follow-up to the 1999, Challenges '99, workshop. The conference brought together planners from throughout the North to discover what Yukon could learn from other planning experiences. The conference was attended by approximately 765 people and was a useful forum in which to discuss land use planning in the North.
  • The Yukon Metadata Exchange was hosted in March. This meeting allowed information managers and data specialists to discuss the information needs of planning commissions and how they can be assisted in collecting high quality data. This one-day meeting was attended by approximately 30 representatives from governments, First Nations and other agencies who discussed the availability of access to various information sources in Yukon. All agreed that partnerships among data holders and data users are essential in assisting planning commissions.
  • Written reports produced by YLUPC included:
  • starter kit for planning commissions;
  • Ready or Not, Here We Plan! proceedings;
  • communication strategy;
  • newsletters (three issues);
  • guide for prospective commission members; and
  • FAQs about land use planning in Yukon.
  • YLUPC board members and staff attended a variety of workshops, meetings and conferences as participants, observers and presenters. Regional planning activities:
  • The Vuntut Planning Commission established its operating procedures, budget and administrative protocols and hired a land use planner. The YLUPC assisted the Commission in these start-up activities and will continue to approve the Commission's budgets and guide the planning process where useful.
  • The general terms of reference for phase 1 of the Dakh Ka Planning Region were finalized in conjunction with the Area-Specific Working Group. Phase 1 will include the traditional territory of the TTC, excluding any overlap areas. Recommendations regarding this Commission went to the parties in July 2000. Phase II of the planning region will include the traditional territory of the Carcross/Tagish First Nation.
  • The proposed Northern Tutchone Planning Region consists of the traditional territories of the NND, SFN and LSCFN. General terms of reference which were developed this year settled the issues of commission membership and the provision of technical and political support bodies. The remaining task involves the development of the planning region boundaries. The YLUPC has requested the participation of all affected YFNs in determining these boundaries. It facilitated meetings amongst the affected parties and developed working maps to assist in resolving overlap areas.

Yukon Salmon Committee

The Yukon Salmon Sub-Committee, which has informally adopted the name Yukon Salmon Committee (YSC), is a public advisory body established under Chapter 16 of the UFA. The YSC was created in 1995 to act as "the primary instrument of salmon management in Yukon." In this capacity, the YSC makes recommendations to the Minister of Fisheries and Oceans Canada (FOC) and to YFNs on all matters relating to salmon and salmon habitat. These recommendations may take the form of research, legislation, policies and programs.

Composed of 10 members, the YSC is carefully structured to ensure balance. The YFWMB, the Minister of FOC, and the 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 that YSC members make up the majority of Canadian representatives on the Yukon River Panel.

Habitat Issues

The YSC dealt with numerous habitat issues affecting Yukon salmon, including water licences, the blue book, the Yukon Placer Authorization, the United Keno Hill mine, Dawson City sewage, the BYG mine, fuel spills, Blind Creek water quality and reclamation, the Whitehorse Rapids, the Viceroy mine, the Ketza mine, land use planning, the Anvil Range mine, Dublin Gultch, the Yukon Mineral Strategy, Yukon Waters Act and the Yukon Queen.

Management Plans

The YSC, working in partnership with FOC, developed fisheries management plans for the Yukon, Porcupine and Alsek River systems. The YSC and FOC collaborated on a process and protocol for the development of these plans to clarify the roles and responsibilities of both the YSC and FOC and to ensure that all stakeholders are involved in the development process. As a result, the YSC invited stakeholders to provide their input before development of the plans was begun. These plans were presented to the public and reviewed at a series of public meetings held throughout the Yukon. To improve the process of stakeholder input, the Alsek Working Group developed the Alsek River Fishery Management Plan. This group included representation from First Nations, YSC and FOC. Working groups for the Yukon and Porcupine rivers are planned for next year.

Consultation

The YSC continued to advise stakeholders of issues of concern through the following avenues:

  • publication of a newsletter and maintenance of the Web site;
  • participation at the Lions Trade Show;
  • public meetings;
  • provision of regular Yukon River Chinook and Chum salmon updates, outlining run strength, timing and other information to a wide range of stakeholders;
  • participation in workshops and conferences;
  • regular updates to CYFN and at individual First Nations assemblies, as well as a written offer to all YFN for YSC participation in general assemblies; and
  • meetings with boards, committees, Renewable Resources Councils (RRCs), First Nations and other organizations.

Harvest Study

The Yukon River Harvest Study completed its sixth year. The study was initiated in 1996 under UFA section 16.10.3. The Steering Committee which directs and oversees the study is made up of YSC members and FOC officials. The basic needs allocation for salmon for Yukon River First Nations will be negotiated following the completion of the study in 2002.

Habitat Conservation and Stewardship Program

The YSC partnered with FOC to oversee the Habitat Conservation and Stewardship Program in Yukon. Through a joint management team of YSC and FOC staff, eight harvest stewards were hired to 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.

Other Activities

During the year, the YSC:

  • participated in the ongoing 2001 Yukon Placer Authorization Review;
  • provided input into FOC's wild salmon policy;
  • provided input to INAC on issues surrounding devolution;
  • formed the Klukshu Weir Working Group to address First Nation concerns regarding the location and operation of a fish weir. The working group has representation from the YSC and CAFN;
  • recommended to the Minister of FOC that a transboundary panel be created to provide recommendations on the management of transboundary salmon-bearing systems and lobbied to have representation on this panel; and
  • continued to administer the Conservation Catch Card Program, which is designed to provide much needed harvest data on the Yukon salmon sport fishery. Through this program, the YSC ran a contest in the spring of 2001 for youth to promote the conservation and stewardship of Yukon's salmon resource.

Yukon Surface Rights Board

The Yukon Surface Rights Board (YSRB) was established on June 2, 1995, with a primary mandate to manage disputes regarding surface rights that fall within its jurisdiction. The Board is a quasi-judicial tribunal that hears disputes primarily between surface and sub-surface rights holders in Yukon. 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 of the members are nominated by CYFN and half by Canada. The chairperson of the Board is appointed by the Minister of INAC on the recommendation of board members. The YSRB is presently composed of four members and a chairperson.

During the year, the Board held regular meetings, one hearing, attended conferences and training, reviewed applications and conducted informal inquiries.

Public Relations

The Board revised an information pamphlet, maintained the YSRB Web site, produced an annual report, and attended numerous public functions and meetings with other Yukon boards and committees.

Industry Relations

Activities that focused on informing industry of the YSRB and its activities included attendance at the Gold Show in Dawson, an oil and gas seminar in Whitehorse, and the Geoscience Forum.

First Nations Relations

The Board was available to visit First Nations communities with Self-Government Agreements to provide information on the Board and its legislation. The purpose of these visits is to help ensure proper liaison between First Nation governments and the Board, allow for discussion in resolving current and potential applications to the Board, and provide information on Board legislation and procedures.

The Board communicated with First Nations via e-mail and telephone during the year. It also provided all First Nations with the opportunity to meet at their request.

Government Relations

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.

Conferences

Board members attended the annual British Columbia Council of Administrative Tribunals conference on administrative law.

Training Policy Committee

The Training Policy Committee (TPC) consists of five representatives: one representative nominated by Canada, one by Yukon and three by the CYFN. Under UFA Chapter 28, the Committee's mandate is to deal with training matters resulting from the land claims. The Committee ensures that YFN people 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 YFNs, and for developing guidelines for the expenditure of money from the Yukon Indian People Training Trust (YIPTT).

The YIPTT is a $6.5 million trust established in 1995. Members who serve on the TPC also serve as trustees. According to unaudited statements, at the end of the 2000-2001 fiscal year, YIPTT's value stood at $7,389,574.

TPC activities included the following:

  • Work continued on changes to the Indenture Agreement to reflect a 1999 CYFN General Assembly resolution to make the trust "last forever." The amendments TPC drafted to the Indenture Agreement reflect the CYFN resolution in May 2000 which:
    1. mandated the Grand Chief to work with the YIPTT trustees, Kaska and Kwanlin Dun, Canada and Yukon to change the Indenture Agreement for the YIPTT;
    2. stipulated a maximum expenditure of 50 percent on the return on investment in any given year; and
    3. direct the annual trust allocation towards supporting generic training activities identified in the CYFN Constitutional Reform Initiative.
  • The TPC worked with the Department of Education and staff of Vanier and FH Collins Secondary Schools to pilot part of the Junior Achievement Program, The Economics of Staying in School.
  • The five-day UFA Boards' and Committees' training workshop was organized for April 2001. The pilot training program included modules on cross-cultural awareness, board and committee effectiveness, and familiarization of the UFA.
  • Three subcommittees on communications, personnel and finance were established to help deal with administration details and the TPC workload.
  • Anewsletter was printed in the summer to keep people updated on the activities of the TPC and YIPTT. An annual report and audit were also prepared.
  • Between July 27, 1999 (when Guardian Capital Advisors began managing the YIPTT), and March 31, 2001, two distributions totalling $194,044 were made to YFNs for training.

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 utilization 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 that have been signed to date. The CYFN nominates one third of the members of the Board, and appointments are made by the Minister of INAC.

The YWB meets approximately 18 times each year, and holds three to four public hearings. It receives between 200 and 300 applications for water use each year, and the projects range from small culvert installations to large quartz mining undertakings. The Board process involves identifying the traditional territory where the proposed project is located and consultation with the First Nation before licensing decisions are made. The Board's assessment of an application includes an examination of the potential impact on the quantity, quality and rate of flow of water flowing on or adjacent to settlement land.

During the year, the YWB undertook a project to develop a process for the determination of compensation claims, under both the Yukon Waters Act and UFA. To date, compensation claims have not been common, and the Board intends to monitor the new process for at least a year before considering if formal consultation is appropriate.

Dawson District Renewable Resources Council

The Dawson District Renewable Resources Council (DDRRC) is an integral part of the implementation of the TH Final Agreement signed July 16, 1998.

Dempster Check Station

The Department of Renewable Resources approached the DDRRC with an interest in working together on the Dempster Check Station. The chief objective of the station is to document caribou harvest on the Dempster Highway during peak fall hunting season. The DDRRC contribution to the station was to provide financial assistance. The joint venture was a success and is expected to continue in the future.

The Yukon Queen II

The DDRRC received comments from community members regarding the operation of the Holland America river vessel, the Yukon Queen II. This vessel runs the Yukon River from Dawson to Eagle (return) twice daily during the summer season and there have been many concerns that the boat has been causing harm to fish and habitat, as well as a danger to other boats. This has been an ongoing issue. The DDRRC gathered information from the community and requested that the local habitat steward investigate along the river.

Annual Renewable Resources Councils' Meeting

The RRCs gather annually to discuss projects and concerns of the past year. In November, this three-day annual meeting took place in Dawson City. The RRCs and YFWMB agreed to form the Association of Yukon Renewable Resources Councils (AYRRC) which will provide advice and support to RRCs regarding forestry-related issues.

Other issues discussed included the Wildlife Act review, moose harvest management, the Yukon Protected Area Strategy, outfitters' quotas, trapline allocation guidelines, and oil and gas concerns. A very successful DDRRC Renewable Resources Scholarship Feast and Social Gathering was open to the public at Diamond Tooth Gerties.

Roles and Responsibilities Course

Six of eight members took part in a specific course facilitated through Yukon College that focused on developing and understanding the roles and responsibilities of each member as well as the DDRRC as a whole.

North Yukon Renewable Resources Council

The North Yukon Renewable Resources Council (NYRRC) is the primary instrument for renewable resources management in the Vuntut Gwitchin traditional territory.

Vuntut National Park

The management planning process for Vuntut National Park began with an Elders' workshop. Two newsletters which solicited feedback were each followed by a public open house. The management plan will address all aspects of the park operations, including public access and activities, with a view to maintaining the ecological integrity of the area. Significant issues have included the use of snowmobiles in the park, use of subsistence cabins for commercial tourism and the use of firearms in the park by wilderness guides. During the year, the bulk of the management planning process was completed.

Vuntut National Park has the highest ecological integrity rating of any national park in Canada.

Shienjik (Fishing Branch) Wilderness Preserve and Habitat Protection Area

The management planning process for the Fishing Branch Wilderness Preserve and Habitat Protection Area began in the fall. The planning team comprises representatives from industry, tourism, non-governmental conservation organizations, Yukon, VGFN and NYRRC. All meetings were open to the public. The management plan for the ecological reserve and associated settlement land (R-block) was used as a template. It was proposed that the wilderness preserve be zoned a "natural" zone, which would preclude development of any kind, including roads into the park. It would also limit access to over-snow types of vehicles, aircraft landings, boats and by foot. At the end of the fiscal year, the management plan was in draft form, with public open houses in Old Crow and Whitehorse scheduled for June and July 2001.

Integrated Fish and Wildlife Management Plan

A process to develop an Integrated Fish and Wildlife Management Plan for the Vuntut Gwitchin traditional territory was begun in September. Represented on the planning team was the Yukon Government's Department of Renewable Resources, the Canadian Wildlife Service (CWS), the VGFN and the NYRRC. The first step involved an Elders' workshop which was followed by a workshop to collect information on wildlife issues from the community. By the end of the fiscal year, the information gathering stage was completed and a public planning workshop was held in early April. It is hoped that the plan will identify areas of interest that require further research and others which require regulatory or policy changes.

Crow Flats Special Management Area

The management planning process for the Crow Flats Special Management Area (SMA) began in conjunction with the Integrated Fish and Wildlife Management Plan. However, partway into the process it was determined that an independent and more thorough process was required to ensure that the SMA Management Plan was thorough and met the needs of the Vuntut Gwitchin. Some of the landbased issues that must be addressed in the SMA are not relevant to the fish and wildlife management planning process. Furthermore, the future status of the Crow Flats areas east and west (the eastern and western "ears" of the SMA) which remain on Crown land, had not been determined. Because this is an issue of legal jurisdiction that involves the future of the Crow River watershed, it was decided to postpone the SMA management planning process. It is expected that a new process will begin later in 2001.

Association of Yukon Renewable Resource Councils

The NYRRC joined all other Yukon RRCs in the formation of the AYRRC which will address significant issues relating to forest management processes in the Yukon. The goal is to bring control of forest tenure to the local level and to ensure the sustainable use of Yukon forests.

Yukon Protected Areas Strategy Review

The NYRRC participated in the Yukon Protected Area Strategy review process. Despite the withdrawal of industry and business groups, the review committee completed and submitted its recommendation to Yukon. Yukon has subsequently restarted this review process and is moving ahead to solicit areas of interest for protection.

Recommendations Regarding Renewable Resources Management

Recommendations by the NYRRC included:

  • Since the impacts of oil and gas development on renewable resources are significant, the NYRRC requested more involvement in the Yukon call for oil and gas nominations, and recommended that no call for nominations be made until a land use plan for the region is complete. However, Yukon continued its nomination process during the summer.
  • Recommending to Yukon that a limited licensed sheep hunt in the Yukon portion of the Richardson's Mountains not proceed due to insufficient knowledge regarding these sheep herds and a lack of enforcement capacity in this area. It was subsequently agreed that the issue would be addressed in the Integrated Fish and Wildlife Management Plan process.
  • Recommending increasing resources for wildlife enforcement in Dempster Highway and Summit Lake areas. Strategies for achieving this will be explored in the Integrated Fish and Wildlife Management Plan process.
  • Recommending the creation of a caribou sanctuary, which would be closed to all hunting in the settlement lands along the Dempster Highway.

Land/Water Use Application Screening

Land use permit applications which were recommended during the year by the NYRRC included:

  • Yukon application to expand Old Crow airport facilities;
  • Anderson Resources application to conduct a seismic exploration project in the Eagle Plains area;
  • application by R. Lord to harvest timber for commercial purposes, down river from Old Crow; and
  • Yukon land use permit and water licence application to extract gravel from Porcupine River for local use in Old Crow.

Other Projects

In May, the NYRRC, in partnership with VGFN Natural Resources, was the proponent and administrator of the first annual Vadziah Choo Drin, a community event which celebrates the relationship between the Vuntut Gwitchin and the caribou. Funding for this event was provided by the VGFN and the Yukon Fish and Wildlife Enhancement Trust.

The NYRRC entered into a partnership with VGFN Natural Resources as the proponent and administrator of a large salmon research project on Porcupine River stocks. Information gathered from this and future research will be used in the development of a restoration and enhancement plan for the Porcupine River drainage basin. Funds for this work were secured through the Yukon River Restoration and Enhancement Fund, and the Walter Duncan and Gordon Foundation.

Mayo District Renewable Resources Council

Trapping and Harvesting

The Mayo District Renewable Resources Council (MDRRC) hosted two public meetings to review and revise its draft guidelines, entitled Standard Operating Guidelines for Renewal and Allocation of New, Vacant and Under-Utilized Traplines. The draft guidelines were adopted on an interim basis by the Teslin RRC. The MDRRC will hold more public consultations before adoption of the guidelines. Trapline concessions that were put up for sale include Traplines #35, #51 and #107.

The MDRRC actively participated in the Moose Harvest Management Working Group formed to develop a territorywide moose management plan which will include new and innovative approaches to managing moose. The working group developed a framework for a harvest management plan, including general principles and a list of potential management tools. The final management plan should be completed in the fall of 2001.

Habitat

The MDRRC continued to work significantly on habitat:

  • The Horseshoe Slough Steering Committee forwarded its management plan to the Minister for approval. The plan included a recommendation to continue interim withdrawal from mineral, oil and gas exploration and development. The Minister approved this plan in February.
  • The MDRRC supported the NND's proposal submissions for funding to continue with phase II of the McQuesten log dam diversion. This project, scheduled for completion in the summer of 2001, is an important part of the NND land and resources strategic planning in which the MDRRC participated. The estimated numbers of the salmon return for this year became an alarming concern. This project was geared towards enhancing the salmon spawning rate, thus allowing for a greater number of salmon to start returning to this traditional territory. The MDRRC also expressed its views on acquiring a full-time steward for the Mayo area.

Population

The MDRRC requested that the regional biologist conduct a survey of the Ethel Lake caribou herd to provide a more accurate count from which a plan to manage this herd can be established. This survey was planned for the fall of 2001. Results of the White Mountain sheep survey which was conducted the previous year showed that the herd has maintained its number over the past 20 years. A permit hunt was not recommended due to concerns over the lamb survival rate and small size of the rams.

Outfitting

Activities related to the outfitting concessions in the NND traditional territory included:

  • establishment of a good working relationship with the new owners of Outfitter Area #4. The quota will be extended to a three-year term starting in 2001 and will include a review in 2002; and
  • a decision to renew the Outfitter Area #5 quota for a five-year term starting in 2002 and will include a review in 2005.

The management of Outfitter Area #7 was a concern, as the MDRRC was unable to meet with the new owner to discuss issues relating to the caribou quota for the Ethel Lake herd and the renegotiation of the moose quota.

Other

Other areas of activity by the MDRRC included:

  • support for a number of proposals including the CWS assessment of trumpeter swans and promotion of stewardship in the central Yukon. This proposal presented an opportunity to use the process provided by the Species at Risk Act;
  • support for Dr. Chris Burns of Carleton University, Ottawa, to obtain a seat on the Northern Chairs which will enable him to continue his studies on permafrost and environmental changes occurring in the Mayo area;
  • participation in the newly established AYRRC which deals with forestry issues in the territory;
  • development of a more effective communications strategy with the various community sectors in the Mayo area. Several public meetings were held on issues such as the trapline guidelines. A questionnaire was developed to determine priorities for the Mayo area which would help establish a management plan; and
  • initiation of an in-depth review of the MDRRC policy and procedure manual. It is expected that the revised manual will be adopted and finalized in the fall of 2001.

Selkirk Renewable Resources Council

The Selkirk RRC convened or participated in 21 meetings during the year including:

  • public meetings on building public relations and the Ta'tla Mun Management Plan;
  • discussions on outfitter quotas;
  • hosting of the second annual Northern Tutchone RRC meeting;
  • attendance at the fifth annual RRC Workshop;
  • discussions with Mayo RRC regarding game management planning;
  • representation at the YFWMB public meeting on proposed regulation changes, with co-sponsorship of the proposed Ta'tla Mun Lake Fishing Regulations;
  • representation at the Central Yukon Forest Management Workshop, the Yukon RRCs Trapping Working Group Meeting, the YSC Public Meeting and the Yukon Forestry Summit, and the Association of Yukon RRC meetings;
  • discussions with the SFN Lands Department and Yukon on wildlife management planning; and
  • discussions with Carmacks RRC, Mayo RRC, LSCFN, NND and INAC regarding proposed timber harvest allocation increases.

A variety of issues and projects were addressed. These included, among others, the Ta'tla Mun Lake Special Areas Management Plan, the MacMillan Moose Monitoring Project, the SFN and Yukon sponsored moose survey, the timber harvest allocations and agreement proposal, the wildlife management plan, the domestic fishery, the local fire suppression management and forest management scheme for SFN traditional territory, the moose harvest management working group, Yukon Government caribou surveys, the sustainable communities initiative, trappers' allocation guidelines, the Britannia Creek diesel spill and the Stewart Crossing proposed logging areas from INAC.

Other items which were handled during the year involved outfitter quota negotiations and an outfitter quota appeal process, implementation of the trapline holders compensation, a salmon habitat steward for Carmacks/Pelly region, and local management and input on renewable resources issues.

Reports from Alsek, Little Salmon/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 SMA boundaries. Each committee consists of two members appointed by government and two appointed by the First Nation. The Surveyor General appoints a representative to chair the Committee.

First Nations

Champagne and Aishihik First Nations

After extensive consultation, the proposed CAFN Constitution was passed in July at the General Assembly. The General Assembly also endorsed the enactment of the Administrative Appeal Tribunal. The purpose of the tribunal is to promote sound and fair decision making by the CAFN government and to ensure effective and respectful resolution of disputes involving the administrative functions of government.

During the year, CAFN continued to be involved in negotiations for tax sharing arrangements with both Canada and Yukon, and for assuming the responsibility for programs and services within their jurisdiction.

Land Management

A lands policy, and terms of reference for a Land Committee, were developed after extensive consultation. These were accepted by Chief and Council. The Lands Committee was established to implement allocation and leasing of settlement land. Work continued on community planning teams which will involve citizens in initiatives and decisions affecting their communities.

The Forestry Management Planning Team for the CAFN traditional territory identified priority areas for potential forest harvesting in non-settlement and settlement land. Approximately 95 percent of CAFN settlement land has been surveyed.

Renewable Resources

CAFN activities in renewable resources included:

  • implementation of the CAFN law for fish and wildlife by providing education and enforcement of hunting regulations, including a ban on cow moose hunting;
  • implementation of the Alsek Moose Management Plan, Aishihik Wildlife Plan and Bison Management Plan;
  • implementation of the trapline management system and development of policies;
  • development of renewable resource management arrangements with other YFNs; and
  • continuation of the work on the Aishihik environmental assessment with FOC, INAC, Yukon and the Yukon Energy Corporation to find solutions to the effects of the dam at Aishihik Lake.

Heritage

CAFN, Carcross Tagish First Nation and Kwanlin Dun First Nation worked jointly on the ice patch research project. As well, phase 1 of the Elders' documentation project was completed and 33 members received training in conducting oral history recordings. Initial planning was completed for the CAFN cultural centre.

CAFN participated in two park activities: ongoing management issues and planning through the Tatenshini-Alsek Park Management Board, and defining a role for CAFN in the management of cultural resources in Kluane National Park. In both parks, CAFN participated in the public interpretation of First Nations' history.

First Nation of Nacho Nyak Dun

Members of the NND inhabit land in and around the village of Mayo, 407 kilometres north of Whitehorse on the northern bank of the Stewart River. Historically a fur trade centre, the area currently has about 78 traplines. Mayo Landing was a shipping port for the mining industry until a road was built in the 1950s. The Mayo economy includes retail outlets, motels and two transport companies. The tourist trade is expanding with more public facilities and tourist businesses opening up.

No report was available for this review period.

Teslin Tlingit Council

The main headquarters for the TTC is the community of Teslin, 160 kilometres south of Whitehorse on the Alaska Highway. TTC citizens live mainly in the southwest section of the village of Teslin, although the population has expanded into the Fox Point area. The Tlingit culture, from the coastal region, is strongly followed today by the TTC. This tradition influenced the change in the structure of the First Nation government and elections.

Highlights of the year include the review and redraft of the strategic plan to initiate a more unified planning approach for the Tlingit Nation, and the preparation of a cultural assessment protocol agreement to assist Elders in clarifying history and fostering unity.

Strategic Economic Plan

A workshop was convened to develop a strategic plan and establish Tlingit Inc. The articles of incorporation were prepared and await final approval.

Lands Management

The Land and Resource Department of TTC worked during the year to address land and resource issues affecting the traditional territory, including surveying of settlement lands, and resolving issues of site-specific selections which were not properly surveyed.

The department, on an ongoing basis, reviews all applications for Crown land in the traditional territory. The TTC continued to develop TTC permits for settlement lands and policies for agricultural land, mining, quarries and forestry. The demonstration forest project in the Nisutlin Harvest Planning Area was nearing completion during the year. The project serves to demonstrate different logging and harvesting techniques which can be applied in sustainable forest management.

Feedback was sought on the draft resource report for the Strawberry Creek Harvest Planning Area which was released by INAC.

Work continued on:

  • the Squanda Lake Whitefish Project;
  • the Squanda Lake Whitefish Assessment;
  • beaver management;
  • Deadman Creek sheep management;
  • the Chinook Salmon fishery and trout fishery monitoring;
  • the Fish and Wildlife Management Plan; and
  • review of the management plan of the Nisutlin River Delta National Wildlife Area.

Geographic Information System

A professional review was completed of the Geographic Information System (GIS) section. Accomplishments during the year include:

  • completion of phase II of the information sharing partnership project with Canada and Yukon;.
  • continuation of the cultural inventory project despite funding and staff time reductions;
  • documentation of current methods and procedures in the land registry in preparation for the development of a database system; and
  • updating the housing registry.

Challenges to the GIS include acquisition of suitable data, staff training, replacement of equipment and software, and integration of the GIS system into existing TTC procedures.

Health and Social Development

In the area of health and social development, the income assistance regional intake was finalized for use in the next fiscal year, and the Health and Social Committee's terms of reference were approved in March.

A new protocol agreement was signed between the TTC peacemaker court and the Royal Canadian Mounted Police on November 15. This resulted in a significant increase in referrals to the court. This court is based on the traditional TTC justice structure and provides an alternative to mainstream justice with individuals accountable to their respective clans and the community at large.

Other Activities

TTC activities in other areas included:

  • A10-year strategic plan for education was developed. Sixteen training allowances for various courses, two carpentry apprenticeships, 18 post-secondary funding applications and a variety of other courses were offered.
  • Work continued on the Teslin Tlingit Heritage Centre with its opening planned for June 2001. The centre has three main functions: cultural preservation, interpretation and tourism.
  • The TTC signed a new five-year Financial Transfer Agreement (FTA) with Canada on April 1. Work continued on finding new sources of revenues, with long-term operational planning commencing in 2002.
  • Since 1995, Program Services Transfer Agreements (PSTAs) have been negotiated for several programs. However, concerns have been expressed over the funding levels and the slow pace of negotiations.
  • The TTC continued to negotiate tax dollar sharing arrangements with Canada and Yukon.
  • In April, a counter proposal to Canada and the Government of British Columbia related to the British Columbia transboundary claim was prepared.

Vuntut Gwitchin First Nation

The VGFN is located in northern Yukon inside the Arctic Circle. The only community in the region is Old Crow on the banks of the Porcupine River. The existence of Gwitchin in this region, and at this site, has been traced back 30,000 years. The current site of Old Crow was chosen because of its proximity to important caribou harvesting sites and the biologically rich Crow Flats which have provided for the needs of Vuntut Gwitchin for countless generations. Old Crow is accessible only by air or by boat in the summer from Fort Yukon, Alaska and Eagle Plains.

This is the sixth year that the Vuntut Gwitchin government exercised the authorities and responsibilities provided by the Vuntut Gwitchin Final and Self-Government Agreements. Highlights include the following:

  • The VG government continued to expand its mandate to areas available to self-governance which are of priority to its citizens. It continued to fine tune the structure of its administration to adjust to these changes and its updated strategic plan.
  • Changes were made to the VG Constitution, while others are presently under review by the VG General Assembly based on the experience gained during the first five years of self-government - including changes to increase the transparency and accountability of VG governance, clarify the roles of elected officials and of Elders, lengthen the terms of Chief and Councillors, and to bring clarity and consistency to the Constitution text.
  • The Vuntut Gwitchin - Yukon Intergovernmental Relations Accord was renewed with Yukon to guide the working relationship and progress on the shared priorities of both Canada and Yukon.
  • Discussions continued with the TH to resolve overlapping interests. These discussions were amicable and resolution of this issue is expected in the near future.
  • The VG leadership contributed to tribal (Gwich'in Council International), regional (CYFN), national (Assembly of First Nations) and international (Arctic Athabascan Council) Aboriginal organizations.
  • The Vuntut Development Corporation became fully operational with the benefit of a mandate that involves arm's length operation from the VG government, the latter providing only a general policy framework.
  • Ongoing adjustments continued to be made to the financial management of the government based on the new FTA with Canada and other funding sources.
  • Focus continued on the provision of ongoing services, including capital infrastructure such as housing, to citizens of Old Crow and elsewhere as appropriate.
  • Considerable resources continued to be committed to the defense of the Porcupine Caribou calving grounds in the North Slope of Alaska (the '1002' lands) as the herd is essential to the maintenance of the culture, lifestyle and economy of the Vuntut Gwitchin.

Little Salmon/Carmacks First Nation

Carmacks is located about 160 kilometres north of Whitehorse on the Klondike Highway. The community has a population of approximately 500 of which the majority are citizens of the LSCFN. LSCFN is one of three First Nations of the Northern Tutchone Council (the others being SFN and NND) whose common tie to one another is the Northern Tutchone language.

The LSCFN 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 LSCFN passed amendments to its Constitution to choose the Council by elections at large. The Council consists of one chief, two wolf councillors, two crow councillors, an Elders councillor and a youth councillor.

The following activities occurred during the year:

  • ongoing review and consultation of the draft Settlements Lands Act;
  • ongoing negotiations for the sharing of taxes other than income tax (for which tax sharing and collection agreements are in existence);
  • continued participation in the PSTA negotiations including post-secondary education, INAC regional intake, Aboriginal languages and Yukon income assistance programs. The priority list for the transfer of programs and services for which Canada and Yukon have been notified is extensive;
  • continued participation in the IWG;
  • progress on settlement land surveys. There is a projected date of fall 2001 for completion of all surveys, except for a limited number of surveys which may be problematic;
  • near completion of the Mandana Lake Management Plan;
  • continued work on the Nordenskiold Management Plan, with substantial progress expected in the near future; and
  • continued participation in the development of a representative public service plan and economic activities plan. Progress on both activities slowed during the year due to the fall 2001 election of a new leadership.

Selkirk First Nation

The SFN Final Agreement provides for settlement land in the Pelly-MacMillan River areas. Pelly Crossing was originally a ferry crossing and construction camp for highway workers but lost its economic base when construction ended in the 1950s. It was at about this time that the SFN moved from Minto and Fort Selkirk to the present location of Pelly Crossing. Pelly Crossing is a community administered by the SFN Council. No report was available for this review period.

Tr'ondek Hwech'in

The TH traditional territory occupies approximately 64,700 square kilometres (25,000 square miles) in west central Yukon. "Tr'ondek Hwech'in" means the people of the Klondike region. "Klondike" is a derivative of the Han word "Tr'ondek." As with most Yukon tribes, there has been significant interaction with other YFN during the last hundred years. The original inhabitants of the Tr'ondek region, and the ancestors of the majority of present day TH, were the Han Indians. The Han occupied a vast stretch of territory in east central Alaska and west central Yukon. The First Nation people in Eagle, Alaska, are closely related to TH families in Dawson, and many are beneficiaries of the TH Final Agreement.

TH continued to expand the horizons of self-government during the year. The following is a brief summary of some of the important events and accomplishments during this period.

Amendments to Self-Government Agreement

Effective November 1, 2000, sections 14.0 (taxation) and 15.0 (taxation status) of the TH SGA were amended in the following areas:

  • Sections 14.3 and 14.4 time restrictions were removed from TH's ability to enact tax laws.
  • TH's section 14.1.3 power to enact laws in relation to the implementation of measures made pursuant to a taxation agreement was extended to include Canada.
  • The section 15.1.1 property restriction was removed for the purpose being deemed to be a public body under the Income Tax Act. The Forty Mile, Fort Cudahy and Fort Constantine historic sites were excepted from the 15.8.1 real property requirement.

These amendments substantially improve TH tax powers and reduce TH tax liabilities.

GST Remission Order

A Remission Order came into force November 2, 2000, effectively making the provisions of sections 15.7 to 15.11 of the TH Self-Government Agreement retroactive to September 15, 1998.

Program and Service Transfer Agreement Negotiations

Intensive PSTA negotiations continued on four major fronts:

  • 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;
  • social assistance programs as provided by the regional intake programs and territorial government's Social Services; and
  • proposal driven programs identified in section 2.3 of PSTA 2. Good progress was made on all fronts except the language and culture programs. Agreements in the latter three areas should be concluded in 2001-2002.

Tax Negotiations

Tax negotiations with Canada and Yukon continued during the year, focusing primarily on consumption tax (Goods and Services Tax [GST]), commodity taxes (alcohol, fuel and tobacco), property tax and corporate income tax. The greatest progress was made on GST as a verbal agreement was reached with Canada on the method of GST operation.

As Canada's GST regime for First Nations in Canada (both self-governing and Indian Act) involves a one-size-fits-all approach, the process was slowed considerably for selfgoverning YFNs. During the year, TH was ready to move forward with collection and sharing agreements. However, Canada has a multitude of issues with Indian Act bands to resolve. The SGA obligates Canada to promote the evolving self-government institutions of YFNs. The TH position is that YFN agreements have no relevance to the Indian Act, and all parties should progress on the consumption tax agreement.

TH hope to have the consumption tax agreement in place by January 2002. With this, YFNs would break trail across Canada despite the slowness of the tax policy and process.

Financial Transfer Agreement

Effective April 1, 2000, TH entered into the new FTA for a five-year term expiring March 31, 2005. The new model improves upon the old in several important areas:

  • More money is received up front in the fiscal year, and therefore a better opportunity exists to earn interest on the money before it is spent;
  • The definition of "Own Source Revenue" for the purpose of offset was narrowed to resource royalties in excess of $89,000/year and tax revenues. Other types of revenue, including business income, are no longer considered Own Source Revenue for the purpose of offset;
  • The offset ratio was improved. Instead of going immediately to 0.7:1, the ratio is graduated, starting at 0.3 in year one and increasing by .05 per year to reach 0.5 in year five. The combined effect of improvements to the offset ratio and the definition of Own Source Revenue will minimize reductions in federal transfer payments;
  • An additional year of offset holiday was gained in regards to personal income tax revenue; and
  • Monies and the population escalator are provided in relation to all citizens, not just status citizens.

Senior Financial Arrangements Committee

Pursuant to the FTA, the Senior Financial Arrangements Committee met regularly throughout the year. The Committee facilitated the development of YFN population data-bases to accurately identify and track First Nation citizens for the purposes of PSTAs, tax agreements, resource royalties and other fiscal transfers.

TH Lands Act

With the assistance of the TH Lands Committee and community consultation, the TH developed a draft Tr'ondek Hwech'in Lands Act. This Act will be presented to the General Assembly for approval in 2001-2002.

Tombstone Park

The Tombstone Steering Committee commenced work on the Tombstone Park Management Plan in March 2000. TH Chief and Council conducted intensive consultations with citizens through door-to-door visits to provide effective TH input into the plan. The initial draft park management guidelines are now ready for public release. It is expected that the final park management plan will be recommended to the TH Government and Yukon in early 2002-2003.

Tr'ochek Heritage Site

The Tr'o-ju-wech'in Heritage Site established in Schedule B to Chapter 13 of the TH Final Agreement was officially named the Tr'ochek Heritage Site by TH Elders. Guided by the Tr'ochek Steering Committee, archaeological work continued at the Tr'ochek site and at the Forty Mile Historic site. Many more pre-contact artifacts were unearthed providing tantalizing insights into the Han history and culture.

The Tr'ochek Steering Committee began work on a draft management plan for the site.

Self-Government Summit

In November, the first Self-Governing YFNs Summit took place in Haines Junction. Discussions focused mainly on government-to-government relations with Canada and Yukon as evidenced by PSTA and tax negotiations.

TH Organizational Structure

The TH administrative structure took an important step forward in its evolution. Administration was separated from finance and housing and established as a department in its own right. Similarly, human resources was separated from culture and education. A department of fish and wildlife was also established. The result is a TH organization with seven departments:

  • administration;
  • finance and housing;
  • human resources;
  • culture and education;
  • health and social programs;
  • lands; and
  • fish and wildlife.

The net effect is to increase the capacity to effectively manage TH lands and resources, and to provide high quality programs and services to TH citizens.

Council of Yukon First Nations

The CYFN is the successor to the CYI. It has a number of implementation obligations pursuant to the UFA and the UFA Implementation Plan. Under the supervision of the Grand Chief's Office, the CYFN Implementation Department is primarily responsible for ensuring that these implementation obligations are completed. In addition, this department monitors and evaluates the implementation performance of other governments. Communication and working linkages are facilitated between a variety of telecommunications, claims and self-government processes. The department fosters YFN's community development towards the objectives of political, social and economic self-determination.

The Implementation Department is the recipient of several different mandates. The following is a breakdown of the existing mandates, and identifies those directly related to implementation and information technology:

UFA/YFN Communities

  • monitor and assess the effectiveness of UFA implementation.

UFA Implementation Plans

  • establish various boards, committees and/or trusts;
  • facilitate nominations to various boards and committees; and
  • establish a YFN communication strategy. Chiefs/General Assembly Resolutions
  • co-ordinate technological strategies.

Implementation Activities

Five-Year Review:

The UFA and YFN Final and Self-Government Agreements require a review of the adequacy of implementation provisions and funding after the first five years of the effective date of the respective agreements. The Implementation Plans require a review of the activity sheets and the adequacy of financial resources. The CAFN, NND, VGFN and TTC completed their reviews and are in the process of communicating the results.

The UFA Implementation Plan review is also to be completed at the same time as the implementation review of the Final and Self-Government Agreements. The first four First Nations with Self-Government Agreements postponed their Self-Government reviews until 2004. This may allow for all seven self-governing First Nations to participate in the review process.

The SFN, LSCFN and TH are preparing for the review of their Implementation Plans.

Implementation Fund Trust:

During the December meeting, a legal counsel who was retained for the trustees reviewed the Deed of Settlement with the members. In January, the trustees signed the Deed of Settlement. The gold coin was exchanged with the settler and the trustees. Other activities included:

  • a letter of wishes for YFN allocation amounts was distributed but not signed off;
  • a discussion occurred on the monies taken out of the Fund for Fish and Wildlife Enhancement Trust and the First Nation's purchase of the Yukon Inn; and
  • the fund was transferred from the CYFN bank account to a new implementation fund trust account.

Communications

UFA Information Strategy (Annex C):
The main goals of the UFA information strategy are to co-ordinate activities and produce strategies to communicate information on the Yukon Land Claim to beneficiaries and other Yukoners. The CYFN worked with YFNs, Canada and Yukon in the five communications activities outlined in Annex C of the strategy.

Land Claim Briefing Book:

A Summary of the Umbrella Final Agreement, an easy-to-read version of the UFA, was published in 1997. This "Green Book" assists those people involved in implementing the UFA and has become a main source of information for understanding its provisions. By 2000-2001, approximately half of the original 12,500 copies were distributed to YFNs, governments, public and educational institutions. Parts of the Green Book were digitized and put in the land claims site at Yukon College. Bulk copies are available at cost, while single copies are free of charge. In response to a request, a number of the books were distributed through CYFN Communications and the Enrollment Commission to individuals and organizations. In addition, the Yukon government translated the Green Book into French and will provide these copies upon request.

Video Aids:

History of the Yukon Land Claims is a CYFN production in a four-part video series that details the land claim process. It visualizes the First Nations' desire to have a treaty in place to fulfil the mission of the land claim document Together Today for Our Children Tomorrow. The first three videos in the series contain historical and factual information on the treaty from its beginning to the signing of the UFA. The fourth video in the series covers components of the UFA and SGAs. Initially the focus of marketing the video was to sell it for production cost recovery. During the year, this focus shifted to one of using the video series as a promotional tool to create understanding of the First Nations' vision of the land claims agreements. Copies are being distributed to YFN land claims and implementation programs and the libraries of the communication directorates of the territorial and federal governments. A distribution list was developed to aid distribution of copies Yukon-wide to libraries and schools.

Advertising and Promotion:

Activities during the year included responding to requests for information on the Yukon land claim. A number of UFA and First Nation Final Agreement documents, particularly the Green Book publication, were distributed to the general public and those First Nations in the process of completing land claim agreements. A summary of the UFA on audiocassette tapes was reintroduced in response to a number of requests. Public Service Announcements of land claims information were broadcast on the radio and television as required. A panel display was produced for public events and CYFN produced a brochure on the land claims and central organization. The CYFN Web site was also developed.

Land Claim Newsletter:

The CYFN, jointly with the Yukon and Canada communication directorates, produced a newsletter containing information on the Yukon land claims that was used as an information source for land claim inquiries last year. The communication strategies of the CYFN include publishing additional newsletters for distribution to the public and First Nations.

Boards and Committees

A number of First Nation nominations and appointments to UFA boards and councils regarding UFA section 2.12.0 resulted from the expiry of terms set in 2000. At present there are eight boards, two committees, one council and one commission structured under the UFA. The work in this area is ongoing, as each board has its own term endings and number of members.

In addition, the UFA guarantees the participation of YFN individuals on Yukon-wide boards and committees. First Nation members were appointed to the Teacher Certification Board, the Yukon Teachers Association - "Keyakwadan", the Yukon Hospital Corporation Board, the Yukon Development Corporation and the Chiefs' Committee on Oil, Gas, & Pipeline.

Appointments were also made to national boards and committees including the Porcupine Caribou Management Board.

A new board members' data-base will store all information relevant to an applicant as outlined in the data model. This data-base was designed to maintain a history of all board experience for a given applicant and will record a variety of form letters. Additionally, it will produce reports of potential candidates based on interest in certain boards, biographies of potential candidates, current board members and the upcoming term end of current members.

Yukon Government

Yukon's implementation obligations and activities under the UFA and YFN Final and Self-Government Agreements are identified in each Implementation Plan.

The following are the highlights of implementation activities carried out by some Yukon government departments during the reporting period. Further information is available through the Yukon Government Land Claims and Implementation Secretariat.

Executive Council Offices

Yukon's Land Claims and Implementation Secretariat, within the Executive Council Offices, is responsible for negotiating Implementation Plans and co-ordinating Yukon's implementation activities across government. During the year, land claim negotiations with the Kluane First Nation,White River First Nation and Ta'an Kwach'an, reached the stage where Final Agreement and Self-Government Agreement Implementation Plans were very close to being finalized.

The Secretariat worked collaboratively with departmental contacts to co-ordinate ongoing activities to address Yukon's land claim obligations. With input from the Senior Management Committee on Implementation, the Secretariat continued to co-ordinate and monitor the funding provided to departments for projects related to implementation of land claim obligations.

The Secretariat is an active member of the IWG, which continued to address matters of concern in the implementation process and promote effective implementation. Yukon's IWG member also sat on the IRWG which conducted the Five-Year Review of the Implementation Plans of the UFA and the first four First Nation Self-Government Agreements. Membership on this working group was limited to Canada, Yukon, CYFN and the first four Nations with settled land claims: the CAFN, TTC, NND and VGFN. The other self-governing First Nations were invited to participate as observers. By the end of the reporting period, the final report on the Five-Year Review was in final draft. This report focuses on the adequacy of the plans and of funding provided under the plans. It will detail the many successes, as well as identified problem areas, that became apparent during the review process.

The Secretariat participated in continuing negotiation of tax sharing and PSTAs within the jurisdictions of the First Nation SGAs. This included participation on the internal working group to support Yukon's role in administration of justice negotiations with TTC and Canada.

The Secretariat was provided observer status on the Senior Financial Advisory Committee established pursuant to the FTAs. The Committee will renegotiate First Nation FTAs and review any identified issues arising from the operation of the FTAs.

Community and Transportation Services

The Municipal and Community Affairs Division continued to advise and assist First Nations with Self-Government Agreements as they establish the provisions under their SGAs 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 work on implementation requirements for property assessment and taxation set out in Chapters 20 and 21 of each of the YFN Self-Government Agreements. This year the work included negotiation towards establishment of a regime to realize a sharing of property tax room with YFNs.
  • The Manager of Land Disposition represented Yukon on the seven Settlement Land Committees that review survey requirements for all YFN settlement lands. The manager also participated on the interdepartmental working group preparing Development Assessment Process (DAP) legislation.

Economic Development

The Department of Economic Development was involved in a number of initiatives in support of Final Agreement requirements under Chapter 10 of the UFA, 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 Habitat Protection Area (HPA);
  • field work and provision of technical information on the Ddhaw Ghrow HPA, and participation on the Steering Committee to prepare a recommended management plan for the Ddhaw Ghrow HPA; and
  • provision of technical information for the Horseshoe Slough and Nordienskold HPA management plans.

Economic Development provides input to the Yukon Land Use Planning process pursuant to Chapter 11 of the UFA. Through a Yukon interdepartmental working group, the department assisted with the development of the general terms of reference for a Regional Land Use Planning Commission for the North Yukon.

Pursuant to Chapter 12 of the UFA, the Department of Economic Development continued to be involved in the design of the DAP legislation project in co-operation with other Yukon departments, Canada and the CYFN. The department was also the Yukon lead on the preparation of the DAP project regulations.

The Department participated in intergovernmental discussions on the development of a process for trapper's compensation pursuant to UFA section 16.11.13.

Under Chapter 22 of the UFA, Economic Opportunity Plans (EOPs) are identified as required activities in the early stages of Final Agreement implementation. The EOP planning process is a joint exercise, initiated by individual First Nations, with the involvement and assistance of Canada and Yukon. All YFNs with Self-Government Agreements are contacted on an annual basis to review their interests respecting their EOPs. In 2000-2001, the following activities occurred in relation to the EOPs:

  • Following the VGFN lead, the NND and TH reached intergovernmental accords with Yukon and initiated discussions regarding a pilot economic development agreement;
  • LSCFN renewed its interest in its EOP, and were halfway to completion;
  • SFN and TTC continued to focus on other priorities and deferred starting economic opportunity planning; and
  • An EOP was in place for CAFN and VGFN, although VGFN did not formally adopt their plan.

YFN Self-Government Agreements include specific provisions under Chapter 22, for project agreements within the Schedules on Economic Measures. These project agreements are now known as "benefits agreements." Benefits agreements are a requirement of Section 68 of the Yukon's Oil and Gas Act. Work in this area of land claims implementation will also provide consistency in the way development projects are undertaken in Yukon.

In the area of benefits agreements policy, considerable activity occurred during the year. A legal issues paper was completed and will shortly be sent to a publisher. Some Legal Issues Considered is one of the most definitive documents in Canada on the scope of benefits agreements and the law. A plain language, shorter version of the document is being completed, and will be suitable for consultation and communication purposes. A situational analysis of benefits agreements in Yukon, Northwest Territories and Saskatchewan will be completed in the coming year to provide a past and current picture of the use of benefits agreements for a variety of enterprises.

Progress has been made in the implementation of Chapter 23, Resource Royalty Sharing. Ongoing payments for the sharing of the Kotaneelee Fund are provided by Yukon to YFNs with Self-Government Agreements. The Kotaneelee Fund monies owing to those YFNs with Self-Government Agreements still pending completion were set up in individual First Nation trust accounts. Discussions with YFNs continued regarding the sharing of the ongoing resource royalty amounts pursuant to Chapter 23 to determine First Nations royalties and collection costs.

Education

Initial discussions occurred on the review of the Yukon Apprenticeship Program. The Education Department carried out a program information sharing initiative with First Nations on this issue. However, YFNs then advised they wished to address other operational priorities before resources could be dedicated to this review.

PSTA negotiations related to public school and advanced education programming are scheduled to begin in the near future. Some information gathering was completed. However, to ensure the information provided to the negotiation table is current, the department will undertake a major research initiative in the future.

Government Services

Government Services signed a Letter of Understanding (LOU) with the CYFN, the Kaska Tribal Council and Kwanlin Dun First Nation to develop communications infrastructure and build capacity in Yukon and northern British Columbia First Nation communities.

Yukon contributed funding to support the involvement of all of the First Nations parties to the LOU in the undertakings described in the LOU.

Geomatics Yukon worked with YFNs on the implementation of geomatics initiatives as they pertained to commitments under the UFA and individual First Nation settlement agreements. The initiatives were directed at the following:

  • consultation to determine implementation priorities generally with all YFNs and individually by YFN;
  • development of an information sharing protocol;
  • development of a conceptual information technology architecture that allows secure sharing of land and resource management information; and
  • specific technical assistance and advice on spatial data sources and products, and on the utilization of GIS applications for implementation of Final and Self-Government Agreements.

Health and Social Services

Yukon Health and Social Services implementation activities flow from responsibilities laid out in the YFN SGAs.

The department's main activities support the PSTA negotiations and the administration of justice negotiations.

PSTA negotiations regarding social assistance have been ongoing for two years. The transfer has been challenging given the complexities of the program and service delivery issues. During the year, significant time was spent discussing the scope of authority of the parties and a mechanism for service delivery to ensure a smooth and seamless transfer.

Health and Social Services is responsible for youth justice. The TTC participated in negotiations for the transfer of the Administration of Justice program area as part of an overall agreement on justice matters, and progress was made in completing an Administration of Justice Agreement. The department participated in these negotiations and was active in providing program and policy information.

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 the reporting period, the Department was involved in the following activities:

  • The Aboriginal Law Group (Legal Services Branch) provided legal advice to government departments regarding the interpretation and implementation of the Final and Self-Government Agreements. The Aboriginal Law Group members also co-ordinated the consultation process on First Nation laws submitted to government, pursuant to the consultation provisions in the SGAs.
  • Where YFN agreements are not yet in place, the Aboriginal Law Group lawyers participated in the negotiation of Final and Self-Government Agreements. They also participated in taxation, PSTA and inherent right negotiations.
  • The Department is the lead in ongoing negotiations on the administration of justice with the TTC and Canada under section 13.6.0 of the Teslin Tlingit Council Self-government Agreement. The negotiators reached a Framework Agreement in April 1998, which was approved by all parties by January 1999. The three parties continued the process of negotiating phase one of the Administration of Justice Agreement with an anticipated completion date of spring 2002.
  • Information was collected with respect to changes in the costs of justice services arising from YFN SGA obligations. The information gathered will help to determine the new and incremental costs to Yukon for administering justice services related to the prosecution, adjudication and enforcement of offences created under First Nations laws. In addition, the Department began gathering information that will assist in calculating any cost savings that might result from YFNs assuming responsibility for justice services or programs.
  • The Land Titles Office is involved in the registration and issuance of title for First Nation fee simple settlement land parcels, as well as the filing and reproduction of survey plans for the settlement lands.
  • The Public Administrator is involved in assisting First Nations with SGAs with the administration of estates. If an executor does not assume the responsibility of administering an estate, the Public Administrator is appointed to administer the estate on behalf of the deceased First Nation citizen. Also, the Public Administrator administers estates for First Nations citizens who reside off settlement land.
  • The Public Administrator's office assists First Nations with Canada Pension Plan applications and offers guidance in relation to the administration of estates.

Public Service Commission

Yukon developed a draft Yukon-wide plan for a representative public service and similar draft plans for the TTC, NND, CAFN and LSCFN traditional territories. The plans were developed through a joint planning process with YFN and Yukon representatives.

The Yukon-wide, TTC, NND and CAFN traditional territory plans were approved in principle by Yukon and have been submitted to the respective First Nation governments for their consideration and comment pursuant to the formal consultation requirements of the Self-Government Agreements.

Representative public service planning sessions are ongoing with LSCFN and TH to prepare the draft traditional territory plans for approval in principle. Representative public service planning sessions were initiated with the SFN. Planning sessions focused on the participation of each First Nation in the Yukon-wide plan and the development of traditional territory plans.

Initiatives in the Yukon government-wide Representative Public Service Plan (RPSP) and the traditional territory plans are being implemented even though the plans have not yet been formally approved. Formal reporting and review of the plans will commence when the First Nations have responded to the draft plans and the Yukon Cabinet formally approves the plans.

CAFN responded to the formal request from the Minister for comments on the RPSP and the Minister has replied to the items raised in that response. Responses were not received from TTC or NND during the reporting period.

Under the government-wide plan the following initiatives occurred:

  • An overall protocol for temporary assignments which was developed in December 1997 was implemented.
  • A survey of Aboriginal and non-Aboriginal Yukon government employees was conducted and results were summarized in the report "Spotlight on Diversity."
  • A human resources conference was held in June 2000 with participation from three northern territories and a number of First Nation governments. Conference topics focused on First Nations representation in the public service.
  • Yukon participated in the planning committee and supported increased participation in the Aboriginal Day celebration, June 21, 2001.
  • Cabinet approved changes to the First Nation Training Corps (July 2001) to restrict the eligibility criteria to persons of YFN Aboriginal ancestry.
  • Land claims training continued to be offered in Whitehorse and the communities. YFN presenters provided content relevant to a specific First Nation, and both Yukon and YFN government employees took the training.

Department of Renewable Resources

The Department of Renewable Resources is responsible for Yukon's obligations for fish and wildlife under the UFA, the Final and Self-Government Agreements and relevant Implementation Plans. In addition, Renewable Resources is responsible for representing Yukon in land use planning pursuant to Chapter 11 and for implementing various SMAs established under the Self-Government Agreements. The Minister of Renewable Resources appoints members to the YFWMB and the RRCs.

During the year, the Department worked with the YFNs, YFWMB and the existing RRCs in a number of areas, including:

  • continuation of work in the membership nomination and appointment process and financial administration for the RRCs and YFWMB. The Department maintained a full-time staff person dedicated to Yukon's administrative process requirements;
  • completion of the public review of the Ta'tla Mun Management Plan, followed by recommendation of the plan by the steering committee to the Yukon and SFN governments for adoption;
  • completion and production of the Mica Creek / Ta'tla Mun Lake Whitefish study;
  • drafting and approval of the Mandanna Lake Management Plan for public review by the Carmacks RRC;
  • initiation of the Mandanna Lake trout spawning and recruitment studies;
  • completion of the public review and approval of the Ta'tla Mun and Mandanna angling regulations as proposed in management plans;
  • continuation of the integral role of the Northern Tutchone Regional Program in working with the three Northern Tutchone First Nations (LSC, NND and SFN) and the associated RRCs on all issues related to wildlife management. Priorities of the program were established through consultation and communication with First Nation governments and community members;
  • completion by NRCan, INAC and TH of the legal description for the Tombstone SMA;
  • initiation of work by the Tombstone Steering Committee on the Tombstone Management Plan, including the first round of territorial-wide public consultation to solicit issues to be considered in the plan. 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 final report on vegetation communities in Tombstone;
  • a door-to-door survey of TH citizens in Dawson and Whitehorse in conjunction with the First Nation; and
  • an economic opportunities report related to the proposed plan which was completed by contract.
  • completion of the draft of the Teslin Integrated Fish and Wildlife Management Plan, following two information and planning workshops held with the community in Teslin;
  • continued work on the North Yukon Fish and Wildlife Management Plan which included a community information workshop in Old Crow;
  • work with the communities in the Mayo District RRC area which identified important issues to be addressed in the upcoming review of the Mayo Integrated Fish and Wildlife Management Plan;
  • preliminary discussions with the Alsek RRC, Kluane Park Management Board, CAFN, Parks Canada and the Government of British Columbia to develop an interagency bear management plan for the area;
  • approval of the Horseshoe Slough Habitat Protection Area Management Plan and printing of a public information brochure. The plan will be in effect for five years; and
  • preparation of a draft management plan for the Nordenskiold Habitat Protection Area. Public consultation on the plan will occur in the fall and winter of 2001.

Tourism - Heritage Branch

The Department of Tourism, Heritage Branch is responsible for the implementation of Yukon's obligations respecting the non-documentary heritage resources provisions of the Self-Government Agreements and Implementation Plans. These mainly concern Chapter 13 provisions in the UFA and include the ownership and management of heritage sites and resources, YFN burial sites, research, place names and economic opportunities. They also address the equitable allocation of program resources for the development and management of heritage resources of YFN people.

The Branch continued to support the work of the YHRB and the YGPNB established under the UFA.

Nine First Nations have approved guideline procedures to protect and manage burial sites of YFNs and Tetlit Gwich'in as required under the settlement agreements.

Management planning for a number of heritage sites continued in 2000-2001:

  • The Forty Mile Joint Steering Committee was established and the work plan was approved to commence preparation of a site management plan. A contract will be tendered early in 2002 for a heritage conservation planning consultant. In addition, the terms of reference will be drafted for approval of the committee.
  • The Lansing project completed some oral history and archival research.
  • Archaeological mapping and assessment of Lapierre House was under-way in support of research and interpretive planning.
  • Interpretive signage plans were developed for the Alaska Highway west of Whitehorse and the Haines Road in consultation with Kwanlin Dun, CAFN,White River and Kluane First Nations.

A member of the VGFN was in the second year of a threeyear heritage officer training internship and was involved in various Heritage Branch activities.

The Branch continued to allocate existing program resources for the development and management of Yukon Indian Heritage resources, including:

  • historic building restoration at Rampart House;
  • unveiling of a virtual museum Web site for Herschel Island and work on a similar site for Fort Selkirk;
  • opening of several interpretative centres at Fort Selkirk; and
  • translation of a booklet titled, A Look Back in Time: Archaeology of Fort Selkirk, into French and distribution to the schools, First Nation offices and the Francophone Association.

The Archaeology Program highlights included:

  • Research on southwest Yukon alpine ice patches continued in co-operation with Yukon Renewable Resources and CAFN. Additional partners in this project included the Kwanlin Dun and Carcross/Tagish First Nations, the CWS, the University of Alaska, the University of Alberta and Icefield Instruments. In the 2001 season, a very large permanent ice patch was identified near Gladstone Creek in southwest Yukon. This locality produced a slotted, engraved bone point designed to take microblade insets. The point was dated to approximately 7200 years ago and is the oldest example of this technology known in Canada. Additional finds including elements of throwing spear and bow and arrow technology continued to be recovered from the ice patches although the melt back in the 2001 season was reduced from previous years due to cool summer temperatures.
  • Archaeological investigations continued at the historic site of Forty Mile in co-operation with the TH. TH students worked with archaeologists to map historic features of the pre-gold rush town and began excavation of a significant pre-contact occupation of the site. The research, which commenced in 1999, will assist in the planning and management of the Forty Mile, Fort Cudahy and Fort Constantine historic sites, which are identified in the TH Final Agreement as a historic site to be jointly managed by the First Nation and Yukon.
  • Preliminary documentation of oral history information on the Ddhaw Ghro Hot Springs was undertaken in 2000. A two-day visit by SFN and NND Elders to the Hot Springs site, organized by the Heritage Branch and the First Nations, took place August 3-4, 2000. Information on legends, traditional use and trails in the Ddhaw Ghro HPA was summarized in a report for the Ddhaw Ghro Steering Committee. The information will be used to assist in future planning.
  • A data-base for museum collections outside Yukon was developed. The data-base contains 2,423 images of the 4,100 total records in the data-base. Funding was requested to allow examination of how museums collect information for artifacts.
  • Walking tour brochures for Burwash Landing, Dawson City Cemetery, Carcross and Teslin communities were printed and will be distributed to the local community interpretive centres.

Tourism - Industry Services Branch

The Industry Services Branch continued to provide tourism information, advice and tourism research to assist with SMA planning, regional economic development and opportunities plans, and heritage river management planning within YFN traditional territories.

YFNs are increasingly aware of the potential for Aboriginal tourism in Yukon. They want and expect to benefit from growing market demand for Aboriginal, wilderness and traditional tourism products in ways that respect First Nation culture and communities. There is an expectation that the Department of Tourism will work with and assist First Nations by providing information and business development assistance, and ensuring that First Nations are involved in and benefit from tourism planning, product development and marketing activities.

Although Industry Service Branch is not directly responsible for Final Agreement obligations, involvement occurred in the following Final Agreement initiatives:

  • Vuntut Land Use Planning, including presentations to the steering committee and providing tourism-related information and advice. The VGFN continued to work on the communities' first tourism plan;
  • Tombstone Park and Fishing Branch Ecological Reserve and HPA, including participation on committees and a tourism market demand assessment for Tombstone;
  • Ddhaw-Ghro Working Group participation; and
  • provision of considerable input into Kluane and Vuntut National Parks planning. These are federal obligations, but considerable attention is paid to tourism-related economic opportunities for First Nations. Both the YFNs and Parks Canada sought the Branch's input and participation.

The Tourism Industry Resource Centre and branch staff provides a single window resource where clients can get tourism information, research and advice. The Branch paid special attention to collecting Aboriginal tourism research, reports, Web sites, contacts in other areas, funding sources, periodicals, videos and CD-ROMs. Staff endeavored to deliver this information more effectively to rural and First Nation clients through regular contact with First Nations, responding to workshop and information session requests and helping First Nation clients who visited the Tourism Industry Resource Centre.

Yukon Housing Corporation

The Yukon Housing Corporation (YHC) delivers housing programs and services in Yukon. During the year, the YHC continued to work towards implementation of land claim obligations. YHC ensures its contracting and tendering practices reflect the obligations agreed to in the First Nation Implementation Plans. YHC developed and is implementing an RPSP to meet land claims obligations for a public service that reflects the Aboriginal and non-Aboriginal representation of Yukon and populations within each First Nation's traditional territory.

Government of Canada

Indian and Northern Affairs Canada

INAC remains committed to honouring its obligations flowing from the UFA, First Nation Self-Government Agreements and Implementation Plans.

During 2000-2001, the work undertaken by INAC, Yukon Region included the following:

  • Land Resources received three land exchange requests from YFN's as per section 9.6.1 of the Self-Government Agreements. These requests are being reviewed within the Northern Affairs Program and Yukon.
  • Land Resources, Claims and Indian Government, Natural Resources Canada and Yukon completed the development of a memorandum of understanding (MOU) and are in the process of having it signed by all parties. This MOU will address YFN's concerns regarding inaccurately defined S-Sites.
  • Land Resources continued protection of S-Sites for the YFN with Self-Government Agreements through Ordersin-Council, as provided for in UFA section 5.14.4.
  • Land Resources ensured the continued protection of SMAs required by the YFN Self-Government Agreements. Horseshoe Slough Habitat Protection Area is in the process of being transferred. Fishing Branch Ecological Reserve is also before Cabinet for transfer.
  • Heritage sites continued to be protected. Pursuant to the YFNs Self-Government Agreements, preliminary work is being done for eventual transfer of the sites.
  • Land Resources continued to carry out INAC's responsibility for the administration of encumbering rights on settlement land as negotiated in the Self-Government Agreements. This included lease, licences, easements, reservations, land use and quarry permits.
  • Land Resources, Northern Affairs Program in conjunction with Yukon, worked on a trappers' compensation process, as per sections 16.11.13 of the YFNs Self-Government Agreements.
  • Significant progress was achieved by the DAP Directorate on policy and legislation. The results from the public consultation are being reviewed and it is expected the legislation for a Development Assessment Process Act will be introduced in the near future.
  • INAC Communications continued to work with Yukon and CYFN on a Tripartite Communications Committee. The committee funded, produced and distributed over 14,000 copies of Visions North Newsletter (winter/spring 2001). This publication was well received as an education tool by First Nations, other government departments, education institutes and the general public.
  • Mineral Resources (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 Nation workshop to provide information on government processes in mining, and to hear and discuss concerns raised by First Nation representatives related to the mining land use process.
  • Mineral Resources used the services of a First Nation liaison to develop lines of communication with YFNs and to provide a contact for First Nations to express their concerns regarding mine sites within their traditional territories.
  • Forest management planning was initiated in the CAFN and TTC traditional territories by Forest Resources. First Nations, INAC, Yukon and the local RRC each entered into a signed protocol agreement and work plan to complete forest management plans. Plans will be completed by working together in a co-operative fashion, and will include First Nation, Crown and Yukon lands. Discussions towards a similar arrangement were discussed with SFN, TH, LSCFN, NND and Liard First Nations.
  • Forest Resources continued to conduct consultations on timber harvesting applications and planning areas with First Nation traditional land users and trappers to recognize First Nation values. This often takes the form of face-toface meetings to ensure Canada obtains accurate information and First Nation traditional land users have the opportunity to express their interest and concerns and to suggest mitigative measures.
  • Capacity building continued through the Band Resource Officer Program. This program supports a one-half person year for YFNs to participate fully in the Land, Forestry and Field Operations Committee and programs.
  • GIS Mapping Section participated in a training program with TTC and NND.
  • Planting contracts and work were offered to First Nations.
  • A standing offer was set-up with NND for inventory work; however, there was no work to be done during the year.
  • The fire action zonation map review was initiated. Consultation and information gathering will occur during the winter of 2001-2002 with completion expected for April 1, 2002. Discussions continued with YFNs to establish terms and conditions for fire management services with an anticipated implementation target of April 2002.
  • Inspections of abandoned mines with impacts on First Nations lands or traditional resource harvesting were increased. Special inspections of the Ketza Mine occurred as a result of concerns expressed by the Ross River Dena Council, including a contracted geo-technical expert's review of the tailings dams and diversion ditches.
  • INAC co-ordinated with Mineral Resources in designing projects at the Anvil Range mining properties which could be contracted to First Nations development corporations, and/or contribution agreement opportunities.
  • In relation to First Nations concerns about environmental status of water control structures at the Mt. Nansen, Faro, Ketza River and UKHM-Elsa mining properties, meetings were held with officers of NND during the court-authorized sale of UKHM's assets to AMT Yukon Inc. Meetings were also held in Whitehorse and Elsa to explain the INAC position and to explore contracting opportunities at the UKHM mines at Elsa and Keno. Consultations with the NND legal counsel occurred in Whitehorse.

Department of Canadian Heritage

The obligations of the Department of Canadian Heritage under the UFA and the individual First Nation Self-Government Agreements primarily 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 YFNs and Yukon at large. A number of claims-related activities occurred during the year, as follows.

Tr'ondek Hwech'in

Tr'ochek Heritage Site:

All projects with the TH are related to the Tr'ochek Heritage Site. With regards to the community valuation of the heritage site, work continued on the community-based oral history project, and the publication of the Tr'ochek Site booklet was completed. As well, the Upper Yukon River Heritage Symposium was successfully presented in Dawson City on March 8-10, 2001.

Parks Canada assisted in site preparation at Tr'ochek prior to a visit by the Historic Sites and Monuments Board in anticipation of the nomination of the site for a National Historic Site designation.

During the year, the management planning process for the Tr'ochek Heritage site was initiated. Activities included an orientation to the process for the steering committee, and development and approval of terms of reference (scoping document) by the steering committee.

Vuntut Gwitchin First Nation

Vuntut National Park:

Parks Canada provided continuing financial and technical support for a major community-based oral history project. Project objectives are to enhance the community's ability to articulate its values and traditional knowledge, to cover national park management and to inform Canadians of the Vuntut Gwitchin contribution to Canada.

Harvesting Rights:

Parks Canada continued to second to the VGFN a staff member (who is a VGFN beneficiary) to develop, in part, a register of information relating to harvesting in the Vuntut National Park in order to meet claim obligations.

Renewable Resource Management:

The park superintendent or his delegate continued to meet more frequently than once annually, as suggested by the claim, to consult on matters related to the development and management of the park.

Park Planning and Management:

The management planning process for the park was initiated. Also, a newsletter was produced, which preceded community open houses in Whitehorse, Old Crow and Inuvik in October. An issues analysis was prepared during the winter, and draft recommendations and options were developed for distribution in February.

Parks Canada continued to explore the possibilities of using the First Nation building as the primary reception and information centre for Vuntut National Park in Old Crow. It is anticipated that the centre will be completed by 2002-2003, and that Parks Canada will be a long-term lessee in the building.

Economic and Employment Opportunities: Parks continued to train and employ VGFN beneficiaries and met the goal of at least 50 percent of the public service employment provisions being filled by Vuntut Gwitchin as stated in the VGFN Final Agreement. An employee was seconded to the VGFN to meet common governance objectives of Parks Canada and VGFN. Parks Canada provided information respecting contracts for the provision of goods and services in the VGFN traditional territory to the VGFN. The department continued a contract with the VGFN to provide maintenance and upkeep of its facilities in Old Crow during the year. A contract was negotiated with the Vuntut Gwitchin Development Corporation to develop a needs assessment of those partners who are expecting to occupy the Old Crow visitor reception building.

Environment Canada

Canadian Wildlife Services

Specific responsibilities of the CWS include requirements pertaining to the Game Export Act, Endangered Species Protection Act and the Migratory Game Birds Act. It also has a role in the development of management plans for special wildlife management areas. Activities for the review period include:

  • The Corporate Affairs Branch participated in a review of the Yukon Human Resource Plan, undertaken by the federal Public Service Commission (PSC). Funding was provided to several YFNs through outreach programs.
  • The Environmental Capacity Development Initiative, an INAC/Environment Canada (EC) program, funded a proposal to develop a curriculum for Environmental Officer Training, as well as CAFN's Aishihik Lake Traditional Ecological Knowledge Integration project and the Yukon River Intertribal Watershed Council's Yukon River Treaty/Third Summit Development Workshop. The Community Animation Project, a Health Canada/EC program, provided funding for the Yukon River Intertribal Watershed Council's third summit held at Brooks Brook.
  • CWS participated in several meetings and workshops in Old Crow and Whitehorse aimed partly at making progress on a management plan for the Old Crow Flats SMA (section 5.0, Schedule C, Chapter 10 of the VGFN Final Agreement). To date, a regional wildlife plan for the Vuntut Gwitchin traditional territory has been developed. Planning efforts for the SMA have recently focused on the future status of two pieces of federal land within the SMA. These parcels will be designated a national wildlife area to best fulfil the provisions of Schedule "C".
  • In June 2001, a review and update of the Nisutlin River Delta National Wildlife Area Management Plan was initiated by the CWS in conjunction with the Teslin RRC, TTC and the Department of Renewable Resources.
  • The department is awaiting an expression of interest from Chief and Council of First Nations regarding a partnership with EC and Yukon on a new accord on environmental co-operation. Specific sub-agreements developed under the accord would address issues such as section 16.3.15 of the UFA. This issue will likely not be addressed until all Self-Government Agreements are in place and devolution completed.
  • The CWS provided ongoing technical advice regarding forestry issues to the Liard First Nation and TTC. Consultations continued with First Nations on the development of federal endangered species legislation. The CYFN has been an active participant with the Aboriginal Working Group concerning the Species at Risk Act.
  • CWS initiated and participated in a number of activities aimed at contributing to the objectives set out in the the UFA section 16.1.0. It continued to co-ordinate the Arctic Borderlands Ecological Knowledge Co-op whose goal is to monitor and assess ecological change using local and science-based knowledge (section 16.1.1.7 of the UFA).
  • The CWS provided information and technical advice on contaminants issues through the Yukon Contaminants Committee, including curriculum development, data analysis and monitoring.
  • A pilot study on forest birds in the Teslin area was initiated, in co-operation with the Teslin RRC. This may be established as a long-term monitoring study, and will contribute in part to the objectives of Chapter 16 and sections 17.5.5.2 and 17.5.5.3.
  • The CWS partnered with Yukon, non-governmental organizations, TTC, CAFN and Alsek RRC on a land cover and waterfowl inventory project in the Southern Lakes regions of Yukon.

Environmental Protection Branch

Activities of the Environmental Protection Branch (EPB) included:

  • EPB was an active member of the federal DAP caucus. This involved reviewing position papers prepared by the federal lead (INAC) and recommending conditions so that the DAP process meets EC requirements and the needs of the Canadian Environmental Assessment Act. Advice and direction to INAC relative to departmental requirements and capacities were provided. Drafts of the proposed DAP legislation were reviewed and commented upon. Other areas of EC have been informed through briefing at the Yukon Management Team or through direct contact for input pursuant to UFA section 12.3.0.
  • EPB has contacted the CYFN and all YFNs with Self-Government Agreements to discuss their interest in becoming involved as a participant in the Letter of Understanding Concerning Government Response to Spills in Yukon. A number of First Nations have expressed an interest in participating. This was done as a result of the SGAs which provide First Nations with environmental management responsibilities.
  • EPB attended meetings of 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.
  • EPB provided a workshop to members of VGFN on the regulations related to steel shot versus lead shot and the reasons for the regulation. The workshop provided hands-on training with the use of steel shot. Similar workshops are planned with additional First Nations during the next year.
  • EPB met with the YFWMB as needed to discuss federal wildlife regulations and continued to work with the Board to ensure that YFNs have input into new regulations (UFA section 16.5.3). Working together, the EPB and CWS attempt to keep the YFWMB and other groups abreast of progress in, and the implications of, the amendments to the Migratory Birds Convention vis-a-vis the Self-Government Agreements (UFA section 16.3.5).
  • EPB initiated direct contact with a number of First Nations (TTC, White River, NND, LSCFN, CAFN and VGFN) to solicit input on matters including wildlife and pollution enforcement, sustainable community initiatives and pollution threats/contaminated sites.

EPB continued to participate in meetings of the Yukon Inter-Tribal Watershed Council to establish links with YFNs and provide information to the Council on departmental programs. EPB provided funding support to allow the Council to hire a co-ordinator for its YFN members during 2000-2001. The Council consists of Yukon and Alaskan First Nations along the Yukon River (nine active YFNs) who wish to initiate action to protect the Yukon River water quality in a co-operative manner with government.

Fisheries and Oceans Canada

Under the provisions of the UFA and the Self-Government Agreements, FOC is responsible for the provision of technical and administrative support to the YSC. A senior official of the department serves as executive secretary to the YSC, which is the principal instrument for salmon management.

Throughout 2000-2001, FOC continued to fulfil these obligations. Senior members of the Stock Assessment, Habitat Enhancement, Conservation and Protection, Treaties and Aboriginal Fisheries Service sectors briefed the YSC on issues and provided technical assistance to the Committee. In addition, FOC staff provided a full range of administrative services.

Other implementation activities undertaken by the department in 2000-2001 include:

Habitat Conservation and Stewardship Program

FOC has partnered with the YSC in the implementation, delivery and administration of the Habitat Conservation and Stewardship Program. In the development of this program, FOC ensured that the guidelines for consultation, as laid out in the UFA, were adhered to and that the program was structured to meet the needs of Yukon communities. This program provided FOC with an excellent opportunity to build partnerships and capacity within Yukon communities. For more information on this initiative, see the section on the YSC in this document.

Restoration and Enhancement

Restoration and enhancement projects, funded through the Research and Enhancement Fund of the draft 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, FOC 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.

Consultation

FOC continues to provide information and request feedback from stakeholders according to the guidelines for consultation laid out in the UFA. FOC took a particularly active role in soliciting feedback from communities for the development of integrated fisheries management plans. FOC also provided comprehensive updates of run strength, timing and ongoing management of Yukon River salmon fisheries this year, partnering with the YSC to ensure that communities were well informed and had ample opportunity for input into management plans. FOC staff accompanied YSC members in travelling to communities to consult with First Nations and other stakeholders regarding the management of Yukon River salmon stocks.

Stock Assessment

FOC has ongoing stock assessment projects, which are operated in partnership with the CAFN and VGFN. These long-term projects, operated using implementation funding, include:

Klukshu Weir:

This counting weir is operated in partnership with CAFN. During the year, the location of the weir was moved in response to First Nation concerns. A Klukshu working group was established to review and resolve issues surrounding the weir. This Working group is composed of representatives from CAFN, the 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 a good example of a co-management initiative.

Fishing Branch Weir:

This stock assessment project is operated in partnership with VGFN, and provides similar benefits as above.

Technical Input

FOC had frequent interactions with UFA boards, committees and councils, and provided input into UFA processes including SMAs, land use plans, DAP, the Yukon Water Board, RRCs and the land selection process.

Commercial Licences

Under UFA section 16.10.15, Canada is required to issue additional commercial salmon fishing licences to YFNs whose traditional territories include part of the Yukon drainage basin. It has been determined that eight additional licences will be made available to YFNs. This issue remained outstanding in 2000-2001 pending the completion of a sharing arrangement among affected YFNs.

Natural Resources Canada

Legal Surveys Division

The Legal Surveys Division of Natural Resources Canada is responsible for the legal surveying of YFN settlement lands. Annual survey programs are based on recommendations made by First Nation settlement land committees. Seven of the 14 YFNs are in the process of implementing legal surveys of their settlement lands.

Fourteen survey contracts were awarded in 1999:

  • CAFN 3 contracts
  • LSCFN 5 contracts
  • SFN 3 contracts
  • TTC 1 contract
  • TH 2 contracts

Survey programs continued for all First Nations with Self-Government Agreements, except NND which has completed the survey portion of the program.

2000-2001 YFN Settlement Land Surveying Contracts
(all amounts exclude GST)

First Nation Contract (amounts) First Nation Involvement Amount First Nation % of Contract
CAFN $ 206,141 $ 74,674 20.50 %
LSCFN $ 831,935 $ 166,212 23.59 %
SFN $ 1,210,096 $ 189,899 18.64 %
TTC $ 15,100 $ 2,106 12.99 %
TH $ 529,955 $ 133,984 25.40 %
Total Yukon Contracts $ 2,793,227 $ 566,875  

Activities during the year included:

  • The signing of all NND survey plans, except B category adjustment parcel R-16B, occurred.
  • The legal descriptions of SMAs listed in Chapter 10 of each First Nation Final Agreement, Horseshoe Slough Habitat Protection Area, Fishing Branch Ecological Reserve and Tombstone Territorial Park have been defined by administrative plans produced by Legal Surveys Division.
  • An MOU between the parties to Self-Government Agreements was expected to be completed in 2001. All YFN survey programs, except NND are awaiting this agreement to facilitate changes to the location of a few sitespecific selections that were not plotted in the correct location on maps forming Appendix B to their respective agreements.
  • Legal Surveys Division is assisting Comprehensive Land Claims, Claims and Indian Government, INAC, with advice and comments on the land selections of several YFNs currently in the land negotiation process.

Public Service Commission

The PSC in Yukon is primarily responsible for external recruitment in the federal public service. A joint committee was established with representation from the First Nations with Self-Government Agreements, the CYFN, the TPC and Yukon to develop a territory-wide representative public service plan, as provided for in section 22.4.0 of each First Nation Final Agreement.

The PSC continued to provide a leadership role to federal departments with regard to human resource planning. It worked in partnership with departments to develop proposals to support YFN hiring in the public service, thereby increasing YFN representation. The PSC Employment Equity Positive Measures Program has been used to support YFNonly recruitment and subsequent hiring of YFN individuals in Yukon. Departments and agencies in Yukon were routinely assisted to fulfill the provision of their YFN employment equity goals through advice, assistance and, where necessary, the PSC appointment authority was used. Communication links to the YFN communities were enhanced, and all job opportunities were posted at each of the First Nations' offices in addition to traditional recruitment methods.

Significant strides were made to continue with the recruitment of YFN students for jobs. The PSC markets the program to managers and creates awareness of the option to restrict their competitions to First Nation students. YFNs were kept informed regarding initiatives and programs such as the Positive Measures Program and were invited to participate in various training and leadership courses and forums.

The Recruitment Training and Development Project developed strategies to address the under-representation of equity group individuals, including Aboriginal persons, in federal departments in Yukon. Interdepartmental and intergovernmental opportunities were created that facilitated the development of Aboriginal persons within the public service. The project also assisted in the preparation for advancement within the government of these individuals. It included the co-ordination of an interdepartmental approach to job shadowing, secondments and developmental training opportunities, as well as career development strategies to enhance retention initiatives. A pool of qualified Aboriginal persons for future competitive processes was created.

The Yukon Human Resource Planning Project continued on the initial work from July 1998. The 1998 report gave the status of departmental plans and recommendations at that time. The current project builds on the information received in 1998 by updating the information and interviewing departmental and First Nations representatives to set priorities for the federal government as a whole. Phase II will be conducted in 2001-2002 to develop a draft plan and ultimately, after consultation with departmental and First Nations representatives, a final plan to address the Chapter 22 requirements.

Federal Implementation Co-ordination

Implementation Branch (IB), INAC, is responsible for the overall co-ordination and monitoring of federal government obligations under the First Nation Self-Government Agreements. The Branch represents Canada on the IWG and is also responsible for administering funding arrangements with Yukon, the CYFN, the YSRB, the YLUPC, the Enrollment Commission and the DRB. The Branch makes financial compensation payments to First Nations and is responsible for preparing the annual review.

During 2000-2001, the Five-Year Review continued to be a major preoccupation. The drafting of the Five-Year Review report on the first four Self-Government Agreements and the UFA Implementation Plans which was begun in the previous year was completed. To complete the Five-Year Review report, the IRWG met numerous times to review drafts, discuss issues and agree on final content of the report. After seven drafts, the report was unanimously approved and the final draft was signed off by all members of the IRWG on December 6, 2000. Final editing and publishing were completed by March.

Input into the implementation status reports was also completed during the year, and preparation of the Five-Year Review communication strategy begun. The Branch worked in close co-operation with INAC Communications Branch to develop a communication strategy for the joint release of the report.

Follow-up on the report recommendations was also commenced. This included a meeting between IWG members and INAC Region on forestry issues identified in the Five-Year Review report, and some initial work by the unit to prepare a set of proposed guidelines for consultation under the Self-Government Agreements.

Other noteworthy developments during the year include:

  • a successful transition from contribution agreements to flexible transfer payment (FTP) instruments as a means for funding the UFA implementing bodies administered by the Branch. Through careful administration of the FTP, lapsing of funds was avoided;
  • significant progress in developing an approach to begin discussions with YFNs on administration of justice obligations set out in the YFN Self-Government Agreements; and
  • preparation of a presentation on consultation obligations under land claim settlement agreements.

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

Champagne and Aishihik First Nation
$2,400,956

First Nation of Nacho Nyak Dun
$1,230,647

Teslin Tlingit Council
$1,627,310

Vuntut Gwitchin First Nation
$1,671,519

Selkirk First Nation
$1,530,898

Little Salmon/Carmacks First Nation
$1,429,479

Tr'ondek Hwech'in
$2,285,825

Implementation Funding

Surface Rights Board
$181,500

Yukon Salmon Committee
$185,711

Dispute Resolution Board
$27,470

Yukon Enrollment Commission
$87,656

Yukon Land Use Planning Council
$535,335

Council for Yukon First NationsFootnote *
$248,082

YukonFootnote **
$1,240,020

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 First Nation

Liard First Nation

Little Salmon/Carmacks First Nation

Ross River Dena Council

Selkirk First Nation

Ta'an Kwach'an Council

Teslin Tlingit Council

Tr'ondek Hwech'in First Nation

Vuntut Gwitchin First Nation

White River First Nation

Appendix 2:

Features of the Umbrella Final Agreement

The UFA is the framework within which each of the 14 YFNs 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;
  • $6,500,000 YIPTT (1988 dollars);
  • $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 YFN 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 traditional territory;
  • preferential harvesting of some species and exclusive harvesting on Category A settlement land;
  • approximately 70 percent of the traplines allocated in each traditional territory;
  • guaranteed one-third First Nation membership on the 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 YFNs; and
  • provisions for the ownership and management of heritage resources and designated heritage sites.

Appendix 3:

Features of the First Nation Self-Government Agreements

Common Specific Provisions

  • Participation in government employment, contracting, and development projects in the traditional territory.
  • Options to acquire up to 25 percent of projects managed by Yukon or its agencies or corporations in future nonrenewable 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 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 special management area 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 special management area.
  • 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 Vuntut Gwitchin 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 the Vuntut 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 special management areas 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 Lappierre 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 moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
  • Exclusive harvesting rights on Category A settlement land.
  • A special management area established to guide the management and development of the Nordenskiold Wetland HPA.
  • Amanagement plan for Mandanna Lake to be jointly prepared by government and the LSCFN to address and balance priorities of harvest between 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 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, Lhutsaw Wetland HPA and Ddhaw Ghro HPA.
  • Fort Selkirk to become a designated historic site and jointly owned, planned and managed by the SFN and Yukon.

Tr'ondek Hwech'in

(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 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 4:

Financial Compensation Payments

Chapter 19 of each YFN Final Agreement provides that capital transfer payments shall be made to that YFN on the anniversary date of the signature date of each YFN Final Agreement. Settlement payments (net of negotiation loans) have been made to YFNs as follows:

Fiscal Year
Payments
1994-1995
$9,380,366
1995-1996
$8,744,728
1996- I997
$8,109,089
1997-1998
$12,163,681
1998-1999
$13,655,500
1999-2000
$12,977,994
2000-2001
$11,529,120

Appendix 5:

Costs of Implementation

These funds represent funds allocated by Canada to CYFN and various boards and committees for implementation purposes:

Fiscal Year
Payments
1994-1995
$10,504,745
1995-1996
$1,608,601
1996- I997
$2,175,012
1997-1998
$2,463,814
1998-1999
$2,426,573
1999-2000
$2,237,664
2000-2001
$2,430,336

Appendix 6:

Membership of Implementing Bodies

Enrollment Commission

Chair
Adeline Webber
Members
Irene Adamson
John Ferbey
Alternates
Shari Borgford
Elizabeth Jackson
Mary Jane Jim

Yukon Geographical Place Names Board

Chair
Diane Chisholm
Vice-Chair
Daniel Tlen
Members
Percy Henry Patrick Moore
Jeff Hunston John Ritter
Sam Johnston

Yukon Heritage Resources Board

Chair
John Ferbey
Members
Shirley Adamson Jeff Hunston
Pat Van Bibber Ingrid Johnson
JoAnne Braga Joe Johnson
Ross Findlater Mike Mancini
Carol Geddes Clara Schinkel

Yukon Land Use Planning Council

Chair
Lesley Cabot
Members
Tom Cove
Albert Peter

Yukon Surface Rights Board

Chair
Stephen J. Mills
Members
Mark Eikland
Brian MacDonald
F. Bruce Underhill

Yukon Territory Water Board

Chair
Dale Eftoda
Members
Russell Blackjack
Brian Lendrum
Rose-Marie Blair-Smith
Karen M. McKenna
John M. Grainger
Dianna Raketti
Mike Johnson
One vacant seat

Dispute Resolution Board

Chair
Tracy Anne McPhee
Member
Mike Smith

Fish and Wildlife Management Board

Chair
Doug Urquhart
Members
Clyde Blackjack
Ed Kormendy
Gerald Couture
Joanne Koser
Neils Jacobsen
Yvonne Lepage
Laurence Joe
Georgina Sydney
Art Johns
Mike Vance
Joe Johnson

Yukon Salmon Committee

Chair
Carl Sidney
Vice-Chair
Gerry Couture
Members
Clyde Blackjack
Joni MacKinnon
Chuck Hume
Stanley Njootli
Llewellyn Johnson
Steve Taylor
William Josie F
rancis Wellar

Training Policy Committee

Chair
Louise Clethero
Members
Karen Duncan
Kathy Van Bibber
Brent Slobodin
Anne Turner

Alsek Renewable Resources Council

Chair
Rose Kushniruk
Members
Boyd Campbell
Craig MacKinnon
Pat Delaney
Ethard Ruf
Valerie Drummond
Alternates
Dayle MacDonald
Debra Osborne

Carmacks Renewable Resources Council

Chair
Dennis Bellmore
Members
Howard Charlie
Raymond Silverfox
Wilfred Charlie
Twyla Wheeler
Terry Hanlon
Alternates
Ken Roberts
David Tom, Jr.

Dawson District Renewable Resources Council

Members
Bill Bowie
Bruce Taylor
Marcia Jordan
Ed Taylor
Angie Joseph
Aedes Scheer
Alternates
Jake Duncan
Jim Roberts

Mayo District Renewable Resources Council

Co-Chairs
Dan McDiarmid
Keith Hepner
Members
Steve Buyck
Lawrence Patterson
Simone McDonald
Jack Smith
Alternates
Bernard Menlon

North Yukon Renewable Resources Council

Chair
Stanley Njootli
Vice-Chair
Dennis Frost, Sr.
Members
Harold Frost
Leonard Nukon
Vicki Josie
Mabel Tetlichi
John Joe Kaye, Sr.
Robert Kaye

Selkirk Renewable Resources Council

Members
Dale Bradley
Robert Kaye
Wayne Curry
Leonard Nukon
Danny Joe
Mabel Tetlichi
Alternates
Linch Curry
Llewellyn Johnson

Teslin Renewable Resources Council

Chair
Denny Denison
Members
Minnie Clark John Martychuk
Sharon Chatterton Harry Morris
Darcy Dewhurst Sandy Smarch
Delores Jackson Orville Smith
Frank Johnstone

Appendix 7:

List of Abbreviations

AYRRC
Association of Yukon Renewable Resources Councils
CAFN
Champagne and Aishihik First Nations
CWS
Canadian Wildlife Service
CYFN
Council of Yukon First Nations
CYI
Council for Yukon Indians
DAP
Development Assessment Process
DDRRC
Dawson District Renewable Resources Council
DRB
Dispute Resolution Board
EC
Environment Canada
EOP
Economic Opportunity Plan
EPB
Environmental Protection Branch
FOC
Fisheries and Oceans Canada
FTP
Flexible Transfer Payment
FTA
Financial Transfer Agreement
GIS
Geographical Information System
GST
Goods and Services Tax
HPA
Habitat Protection Area
IB
Implementation Branch
INAC
Indian and Northern Affairs Canada
IRWG
Implementation Review Working Group
IWG
Implementation Working Group
LSCFN
Little Salmon/Carmacks First Nation
LOU
Letter of Understanding
MDRRC
Mayo District Renewable Resources Council
MOU
Memorandum of Understanding
NND
First Nation of Nacho Nyak Dun
NYRRC
North Yukon Renewable Resources Council
PSC
Public Service Commission
PSTA
Programs and Services Transfer Agreement
RRC
Renewable Resources Council
RPSP
Representative Public Service Plan
SFN
Selkirk First Nation
SGA
Self-Government Agreement
SLC
Settlement Land Committee
SMA
Special Management Area
TH
Tr'ondek Hwech'in
TPC
Training Policy Committee
TTC
Teslin Tlingit Council
UFA
Umbrella Final Agreement
VGFN
Vuntut Gwitchin First Nation
YFN
Yukon First Nation
YFWMB
Yukon Fish and Wildlife Management Board
YGPNB
Yukon Geographical Place Names Board
YHC
Yukon Housing Corporation
YHRB
Yukon Heritage Resources Board
YIPTT
Yukon Indian People Training Trust
YLUPC
Yukon Land Use Planning Council
YSC
Yukon Salmon Committee (formerly Yukon Salmon Sub-Committee)
YSRB
Yukon Surface Rights Board
YWB
Yukon Water Board

Appendix 8: Map of Traditional Territories

Traditional Territories in the Yukon

Map of Traditional Territories
Date modified: