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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.
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
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.
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 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.
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.
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:
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 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 terms of all Board appointees expired on March 11, 2001.
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 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.
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.
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.
The YSC continued to advise stakeholders of issues of concern through the following avenues:
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.
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.
During the year, the YSC:
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.
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.
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.
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.
The Board was in regular contact with all levels of government, attended board and committee meetings and workshops, and made submissions to the federal Privacy Commission.
Board members attended the annual British Columbia Council of Administrative Tribunals conference on administrative law.
The 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:
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.
The Dawson District Renewable Resources Council (DDRRC) is an integral part of the implementation of the TH Final Agreement signed July 16, 1998.
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 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.
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.
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.
The North Yukon Renewable Resources Council (NYRRC) is the primary instrument for renewable resources management in the Vuntut Gwitchin traditional territory.
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.
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.
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.
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.
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.
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 by the NYRRC included:
Land use permit applications which were recommended during the year by the NYRRC included:
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.
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.
The MDRRC continued to work significantly on habitat:
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.
Activities related to the outfitting concessions in the NND traditional territory included:
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 areas of activity by the MDRRC included:
The Selkirk RRC convened or participated in 21 meetings during the year including:
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.
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.
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.
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.
CAFN activities in renewable resources included:
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.
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.
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.
A workshop was convened to develop a strategic plan and establish Tlingit Inc. The articles of incorporation were prepared and await final approval.
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:
A professional review was completed of the Geographic Information System (GIS) section. Accomplishments during the year include:
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.
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.
TTC activities in other areas included:
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:
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:
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.
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.
Effective November 1, 2000, sections 14.0 (taxation) and 15.0 (taxation status) of the TH SGA were amended in the following areas:
These amendments substantially improve TH tax powers and reduce TH tax liabilities.
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.
Intensive PSTA negotiations continued on four major fronts:
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.
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:
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.
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.
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.
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.
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.
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:
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.
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 Implementation Plans
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.
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:
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.
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.
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.
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.
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.
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'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.
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.
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 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:
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:
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.
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 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:
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.
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:
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:
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:
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:
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:
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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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:
Activities of the Environmental Protection Branch (EPB) included:
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.
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:
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 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.
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.
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:
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.
This stock assessment project is operated in partnership with VGFN, and provides similar benefits as above.
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.
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.
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:
Survey programs continued for all First Nations with Self-Government Agreements, except NND which has completed the survey portion of the program.
|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 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.
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:
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:
Champagne and Aishihik First Nation
First Nation of Nacho Nyak Dun
Teslin Tlingit Council
Vuntut Gwitchin First Nation
Selkirk First Nation
Little Salmon/Carmacks First Nation
Surface Rights Board
Yukon Salmon Committee
Dispute Resolution Board
Yukon Enrollment Commission
Yukon Land Use Planning Council
Council for Yukon First NationsFootnote *
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
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:
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: February 14, 1995)
(Effective date: October 1, 1997)
(Effective date: October 1, 1997)
(Effective date: September 15, 1998)
Chapter 19 of each 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:
These funds represent funds allocated by Canada to CYFN and various boards and committees for implementation purposes:
|Adeline Webber||Irene Adamson|
|Mary Jane Jim|
|Diane Chisholm||Daniel Tlen||Percy Henry Patrick Moore|
|Jeff Hunston John Ritter|
|John Ferbey||Shirley Adamson Jeff Hunston|
|Pat Van Bibber Ingrid Johnson|
|JoAnne Braga Joe Johnson|
|Ross Findlater Mike Mancini|
|Carol Geddes Clara Schinkel|
|Lesley Cabot||Tom Cove|
|Stephen J. Mills||Mark Eikland|
|F. Bruce Underhill|
|Dale Eftoda||Russell Blackjack|
|Karen M. McKenna|
|John M. Grainger|
|One vacant seat|
|Tracy Anne McPhee||Mike Smith|
|Doug Urquhart||Clyde Blackjack|
|Carl Sidney||Gerry Couture||Clyde Blackjack|
|Louise Clethero||Karen Duncan|
|Kathy Van Bibber|
|Rose Kushniruk||Boyd Campbell||Dayle MacDonald|
|Craig MacKinnon||Debra Osborne|
|Dennis Bellmore||Howard Charlie||Ken Roberts|
|Raymond Silverfox||David Tom, Jr.|
|Dan McDiarmid||Steve Buyck||Bernard Menlon|
|Keith Hepner||Lawrence Patterson|
|Stanley Njootli||Dennis Frost, Sr.||Harold Frost|
|John Joe Kaye, Sr.|
|Dale Bradley||Linch Curry|
|Robert Kaye||Llewellyn Johnson|
|Denny Denison||Minnie Clark John Martychuk|
|Sharon Chatterton Harry Morris|
|Darcy Dewhurst Sandy Smarch|
|Delores Jackson Orville Smith|