ARCHIVED - Yukon Land Claim Agreement Annual Review 1998-1999

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Minister's Foreword

The key achievement of this review period was the signing of an agreement for one Yukon First Nation. In addition to the Council for Yukon Indians Umbrella Final Agreement, the first four First Nation final agreements (Champagne and Aishihik, Teslin Tlingit Council, Nacho Nyak Dunl, Vuntut Gwitch'in), and the next two final agreements (Selkirk, Little Salmon/Carmacks), the signing and coming into effect of the Trondek Hwech'in Final Agreement and SelfGovernment Agreement brings the total to seven of the 14 Yukon First Nations with final land claim agreements. On September 15, 1998, the Tr'ondek Hwech'in agreements came into effect, reflecting continued progress in the signing of comprehensive claims agreements in the Yukon.

This fourth annual report is based on the implementation of the agreements for the seven First Nations noted above. I am pleased that participation from these First Nations, as well as from the governments of Yukon and Canada and other implementing bodies, has made this report possible for another year. The review is intended to provide brief highlights of the various implementation activities from all parties involved during the 1998-1999 fiscal year. The activities during this period demonstrate the importance of partnerships in working toward the successful implementation of these agreements.

I look forward to ongoing negotiation and settlement of land claim and selfgovernment agreements for the remaining seven Yukon First Nations.

The Honourable Robert D. Nault, PC., M.P.
Minister of Indian Affairs and Northern Development

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Implementation Highlights

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Introduction

The Yukon Territory is home to 14 individual First Nations representing approximately 8,250 Yukon Indian People (see Appendix I). 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, Canada, Yukon and the 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 final 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 the CYI signed the UFA. On the same date, final agreements incorporating the UFA 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).

At the same time, self-government agreements were concluded with the same four First Nations. These agreements are based on a model signed by the First Nations and the federal and territorial governments in 1991. It provides a basic structure for each First Nation's individual self-government.

Enabling legislation in the form of the Yukon First Nations Claims Settlement Act and the Yukon First Nations Self-Government Act was given assent on July 7, 1994. The Yukon Surface Rights Act, an essential companion piece of legislation, received Royal Assent on December 15, 1994. The effective date of the Yukon Surface Rights Act, the land claim and self-government settlement legislation, the first four First Nation final agreements and the UFA was February 14, 1995.

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 Trondek Hwech'in (TH) Final and Self-Government agreements were signed on July 16, 1998, and came into effect on October 1, 1998.

To date, the seven Yukon First Nations with final agreements comprise 4,947 beneficiaries with settlement land of 27,291 square kilometers of which 18,130 square kilometers include ownership of mines and minerals. This constitutes their portion of the 14 Yukon First Nations land which totals 41,590 square kilometers including 25,900 square kilometers with ownership of mines and minerals. The seven YFNs will receive financial benefits of $133,879,622 (1989 dollars) to be paid over 15 years, with the total for all 14 YFNs being $242,673,000.

Negotiations to conclude final agreements with the remaining seven First Nations continue. While several more final agreements are expected to be concluded shortly, the focus of this review is on the fourth fiscal year of implementation of the current land claim settlement final agreements.

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Summary of Implementation Activities and Background

Implementation Working Group

The Umbrella Final Agreement (UFA) Implementation Plan and the 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 Yukon agreements for a formal committee, in 1994 the parties resolved to establish an informal working group to monitor the implementation of the agreements and to address implementation issues. The working group consists of representatives of Canada, the Yukon Government, the Council of Yukon First Nations (CYFN) and the seven First Nations with final agreements.

Boards, Councils, Committees and Commissions

Dispute Resolution Board

The Dispute Resolution Board provides a process for dispute resolution through mediation and arbitration of conflicts arising from the interpretation, administration or implementation of settlement agreements or legislation. Board members must also resolve specific disputes identified in the self-government agreements and 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.

During the reporting period, no cases were referred to the Board.

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. This Commission is an independent body operating at arm's length from the Parties to the settlement agreements. The Enrollment Commission will operate until dissolution pursuant to 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 Enrollment Commission will turn over all documents and records to the Dispute Resolution Board.

The membership comprises three Commissioners and their alternates. One Commissioner and an alternate are nominated by the CYFN, one Commissioner and alternate are jointly nominated by the federal and Yukon territorial governments, and the third Commissioner and alternate are chosen by the two other nominees. Appointments are made by the Minister of Indian Affairs and Northern Development.

The Enrollment Commission has established working relationships with Yukon First Nations, various First Nations outside Yukon, and federal and territorial government agencies. The Yukon Government's Family and Children's Services and the Enrollment Commission work together to enroll YFN descendants whose adoptions occur within Yukon. Family and Children's Services also works with adoption agencies outside of the Yukon to ensure that YFN descendants whose adoptions occurred outside Yukon are enrolled. Enrollment applications and information packages have been mailed to adoption agencies across Canada and Alaska, as well as to various Canadian Friendship Centres. Advertising regarding enrollment in the Yukon Land Claim has appeared in major newspapers across Canada. As of March 31, 1999, a total of 8,287 beneficiaries have been enrolled among the 14 Yukon First Nations.

Pursuant to section 3.9.0 of the CAFN, NND, VGFN and TTC final agreements, responsibility for enrollment of beneficiaries was transferred to these First Nations as of February 14, 1997. The LSCFN and SFN assumed duties of enrollment, with the exception of applications pending before the Commission, on July 21, 1999. The TH will assume the duties of enrollment, with the exception of applications pending before the Commission, on July 16, 2000.

Fish and Wildlife Management Board

The Yukon Fish and Wildlife Management Board (FWMB) is the primary instrument for the management of Fish and wildlife in the Yukon and thus is mandated to make recommendations on all issues related to fish and wildlife management legislation, research, policies and programs. The Minister of Renewable Resources appoints the Board of 12 members, consisting of six recommended by the CYFN and six by the Government of Yukon.

During this review period, the FWMB:

The Yukon Geographical Place Names Board

(YGPNB), established under the UFA, recommends to Yukon government the naming or renaming of places or features located within the Yukon. There are six members on the Board, three nominated by the Yukon government, and three nominated by CYFN. The Yukon Minister of Tourism appoints all Board members.

During 1998-1999 the following activities were undertaken.

Yukon Heritage Resources Board

The Yukon Heritage Resources Board (YHRB), established in March 1995 in accordance with the UFA, makes recommendations and provides advice to federal, Yukon and YFN governments concerning the management of Yukon's heritage resources. It focuses mainly on movable 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 has 10 members, with equal numbers nominated by the CYFN and Yukon. One of the members appointed by the Yukon government must be acceptable to the Government of Canada.

During the 1998 - 1999 review period, the following activities occurred.

Yukon Land Use Planning Council

The Yukon Land Use Planning Council (YLUPC). established on February 14, 1995, has three members, each independently nominated by the CYFN, Canada and Yukon. The Minister of Indian Affairs and Northern Development appoints the nominees to the Council.

The YLUPC mandate is to make recommendations to government and each affected First Nation on land use planning, including internal policies, goals and priorities; the identification of planning regions and priorities for the preparation of regional land use plans; terms of reference for each Regional Land Use Planning Commission responsible for developing regional land use plans; and the boundaries of a planning region.

Several activities occurred during the 1998-1999 review period.

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Renewable Resources Councils

The Renewable Resource Councils, established in each First Nation's traditional territory under each First Nation Final Agreement (FNFA), are the primary instruments for local renewable resource management. Subject to transboundary agreements and YFN final agreements, each council comprises three nominees of the Yukon First Nation and three nominees of the Yukon Minister of Renewable Resources, who also appoints a chairperson selected by the council.

Yukon Salmon Committee

The Yukon Salmon Sub-Committee, which has informally adopted the name Yukon Salmon Committee (YSC), is the primary instrument of salmon management in Yukon. The YSC consists of two members assigned from the Fish and Wildlife Management Board (FWMB) and two nominated by the Minister of Fisheries and Oceans. In addition, the affected First Nation for each of the Yukon, Alsek and Porcupine rivers drainage basins nominates two members who sit on the YSC For matters concerning their respective drainage basins. The Minister of Fisheries and Oceans appoints the members of the Committee.

The mandate of the YSC is to make recommendations to the Minister of Fisheries and Oceans and to YFNs on all matters relating to salmon including habitat, management, legislation, research, policies and programs. During the 1998-1999 review period, the following activities were undertaken.

Settlement Land Committees

Under the UFA, each First Nation Final Agreement establishes a Settlement Land Committee (SLC) to make recommendations for surveying settlement lands, including site - specific selections, survey priorities and special management area boundaries. The committees each consist of two members appointed by government and two appointed by the First Nation. The Surveyor General appoints a representative to chair the committee.

Yukon Surface Rights Board

The Yukon Surface Rights Board (SRB) was established on tune 2, 1995 as a Quasi-judicial tribunal under Chapter 8 of the UFA. The Board hears disputes primarily between surface and subsurface rights holders as well as other related matters in Yukon.

Chapter 8 of the UFA allows for up to 10 members on the Board, half of whom are nominated by CYFN and half by the federal government. The Chair of the Board is appointed by the Minister of Indian Affairs and Northern Development on the recommendation of Board members. The SRB is presently composed of four members and a Chair.

During the review period, the following activities were addressed.

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 claim negotiations. The Committee ensures that YFN people obtain training to implement the Land Claims Agreements and to participate fully in economic opportunities arising from the agreements. The TPC is also responsible for establishing training programs For Yukon First Nations, and for developing guidelines For the expenditure of money from the Yukon Indian People Training Trust.

During the review period, Committee activities included the following.

The TPC participated in the following meetings and discussions:

The TPC has developed the Following documents:

The TPC is currently working to simplify the reporting methods while satisfying the reporting requirements for the First Nations to the Yukon Indian People Training Trust.

The Yukon Indian People Training Trust is a $6.5million trust established in 1995. Members who serve on the TPC also serve as trustees. During 1998-1999, the Trust resolved to allocate 10 per cent of the capital at March 31, 1998, to the 14 YFNs, resulting in $746,172 being distributed. With the distribution, at the end of the 1998-1999 fiscal year, the Trust's value stood at $6,996,377.

Yukon Water Board

The Yukon Water Board (YWB) was in existence at the time of the Yukon land claims settlement. The Board is responsible for the development, conservation and utilization of waters in Yukon. The UFA sets out several provisions with respect to water management in Yukon. The CYFN nominates one third of the members of the Board, and appointments are made by the Minister of Indian Affairs and Northern Development.

Board activities during the review period include the Following.

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First Nations

Champagne and Aishihik First Nations

The people of the Champagne and Aishihik First Nations live primarily east of the village of Haines function, the first major community northwest of Whitehorse on the Alaska Highway. Haines function is the site of Parks Canada's administration, headquarters for Kluane National Park, a world heritage site. Other settlements or camps within the area include Nesketaheen, Klukshu, Champagne, Hutchi Lake, Aishihik Lake, Kusawa Lake, Kluane Lake and Kloo Lake. The two First Nations of Champagne and Aishihik joined in 1970.

On November 4, 1998, CAFN held a general election for a new Chief and Council. The new Chief is Bob Charlie, and the Councilors are Gerald Brown, Ron Chambers, Chuck Hume, Kathy Van Bibber, Kathy Kushniruk and Steve Smith. Elders Councilors are Moose Jackson and Frank Chambers, and the Youth Councilor is Devon Kinney. CAFN citizens held a community dinner to wish a fond farewell to outgoing Chief Paul Birckel, who had been Chief for 18 years.

During the 1998-1999 review period the CAFN has undertaken several activities.

First Nation of Nacho Nyak Dun

Members of NND inhabit land in and around the village of Mayo, 407 kilometers north of Whitehorse on the northern bank of the Stewart River. Historically a fur trade center, 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. Mayo's 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 TTC Self-Government Agreement and Final Agreement came into effect on February 14, 1995. The Council is now engaged in several processes that were negotiated over the last 20 years.

Currently, the Council is engaged in the five - year review of the Final Agreement Implementation Plan. The items being discussed are amendments to the Implementation Plan, review of status reports, review of outstanding issues, review of adequacy of funding, and review of boards and committees. The result will be a tool to assist in a more productive process for the implementation of the TTC agreements.

On February 14, 2000, the Council will have been operating under self-government for five years. With the review process identified under section 6.0 of the Self Government Agreement (SGA) as a one-time project, the Council must ensure it has the tools available to participate in the review.

The capacity within the Tlingit people of Teslin has been increasing over the last five years. More people are attaining post-secondary levels of education in all areas of governance, and this should sustain the self-government process for many generations to come.

During 1998-1999, there were successful negotiations for the transfer of programs and services to the TTC, under the SGA. The second PSTA became effective on February 12, 1999.

There are many processes and products from both the Final Agreement and Self-Government Agreement implementation plans, including the land use plan, the economic development plan, the economic opportunity plan, and the forestry plan that remains to be addressed. While the obligations for each party in the agreement are identified in the implementation plans, the TTC is concerned about the different interpretations by each party to the agreements. The Council, as one of the parties, is now engaging in a visioning process. It is hoped that the goals to one day walk along the same path with other governments, to be united as a people, to have one common vision and one common goal, can be achieved.

Vuntut Gwitchin First Nation

The VGFN is in northern Yukon inside the Arctic Circle. Its main population center is the community of Old Crow on the banks of the Porcupine River. The existence of people in Old Crow has been traced back 30,000 years. This current site was chosen because of its unique hunting, trapping and fishing location, near major spring caribou crossing places 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 was the fourth year that the Vuntut Gwitchin Government exercised the authorities and responsibilities provided by the Vuntut Gwitchin First Nation Final and Self-Government Agreements. A few of the highlights of this very busy past year are noted below.

Little Salmon/Carmacks First Nation

Carmacks is about 160 kilometers north of Whitehorse on the Klondike Highway. The community has a population of approximately 500 of which 65 per cent are citizens of the Little Salmon/Carmacks First Nation. LSCFN is one of three First Nations of the Northern Tutchone Council.

Since October 1, 1997, the effective date of the Final and Self-Government Agreements, the LSCFN has been overwhelmed with the implementation of the two agreements, and has undergone organizational and structural changes. There is increased pressure on the Chief, Council and staff as more citizens return to the community to take advantage of the services and benefits of the agreements.

The following activities occurred during the review period.

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 was 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 Tr'ondek Hwech'in Traditional Territory occupies approximately 64,700 square kilometers (25,000 square miles) in west central Yukon. "Tr'ondek Hwich'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 Yukon First Nations during the last hundred years. The original inhabitants of the Tr'ondek region, and the ancestors of the majority of present day Tr'ondek Hwech'in, 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 Tr'ondek Hwech'in families in Dawson, and many are beneficiaries of the TH Land Claims Agreement. The TH Final Agreement and Self-Government Agreement came into effect September 15, 1998.

The following events and accomplishments occurred between September 15, 1998 and March 31, 1999.

Council of Yukon First Nations

The Council of Yukon First Nations is the successor to the Council for Yukon Indians. It has a number of implementation obligations pursuant to the UFA and the UFA Implementation Plan.

No report was available for this review period.

Yukon Government

The Yukon government's implementation obligations and activities under the UFA and YFN final and self-government agreements are specified in each agreement's implementation plan.

Particular implementation activities undertaken by the Yukon government during the 1998-1999 reporting period follow.

Executive Council Office, Land Claims and Implementation Secretariat

The Implementation Unit, within the Land Claims & Implementation Secretariat, is responsible for negotiating implementation plans and coordinating the Yukon government's implementation activities. Secretariat officials represent the Yukon government at implementation working group meetings where YFNs with agreements, the CYFN and the Government of Canada are represented. This working group addresses matters of concern in the implementation process.

The Secretariat participated in the negotiations of the final and self-government agreements and implementation plans for the Tr'ondek Hwech'in.

The Secretariat prepared the orders-in-council which established the effective date of the TH agreements as September 15, 1998, and coordinated other pre-effective date requirements related to the TH agreements.

The Secretariat continued to monitor the implementation of the final and self-government agreements by coordinating activities across the Yukon government. It continues to administer the financial contributions to the various boards and committees, and ensures that the appointment of members is made in a timely manner.

The Secretariat participated in negotiations for tax sharing and for the management, administration and delivery of PSTAs within the jurisdiction of the SGAs. The Secretariat also participated in internal work to support negotiations with the federal government and the TTC respecting the administration of justice pursuant to the SGA.

Department of Community and Transportation Services, Municipal and Community Affairs Division

The Municipal and Community Affairs Division continues to advise and assist First Nations with final agreements as they establish the provisions under their self-government agreements, and develop land management systems and practices for settlement land holdings.

The following activities occurred during the 1998-1999 reporting period.

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Department of Economic Development

Economic opportunity plans are identified as required activities in the early stages of final agreement implementation. The planning process is a joint exercise involving the governments of Canada, Yukon and each First Nation. The Department also continued to be involved in the design of DAP legislation in cooperation with other Yukon government departments, the federal government, and the CYFN.

During 1998-1999, the following activities occurred in relation to economic opportunity plans.

Department of Education

The Department of Education was involved with four implementation projects.

Initial meetings were held in 1997, with YFNs regarding the review of apprenticeship programs (section 22) and Aboriginal language services (section 52).

Pursuant to sections 17.1 and 17.7 of the TH SGA, the TH signed a contribution agreement for 1998-1999 and 1999-2000 concerning the design, delivery and administration of education programs within its Traditional Territory.

YFNs and the Department reviewed heritage resources, phase one, under sections 13.08 and 13.10 of the final agreements, and funding for the review has been allocated.

Department of Health and Social Services

The Department's main implementation activities were to support the PSTA negotiations and administration of justice negotiations pursuant to SGAs. The Department also participated in other Yukon government corporate implementation activities such as the development of the representative public service plans and the DAP interdepartmental group.

During the 1998-1999 reporting period, the Department undertook various activities.

Department of Justice

The Department of Justice is responsible for legal advice to government departments, for land titles and for administration of justice negotiations with regards to agreements.

During the 1998-99 reporting period, the Department was involved in the following activities.

Department of Renewable Resources

The Department of Renewable Resources is responsible for the Yukon Government's obligations for fish and wildlife pursuant to the UFA, final and self-government agreements and implementation plans. In addition, the Department is responsible for representing the Yukon government in land use planning pursuant to chapter II and for implementing various Special Management Areas established under the final agreements. The Minister of Renewable Resources appoints members to the FWMB and the RRCs.

A compensation claim has been submitted by a Yukon outfitter for losses associated with the Settlement Lands for the CAFN. This claim for compensation is the first to be addressed by the governments of Yukon and Canada in accordance with the Compensation Agreement dated March 1997.

During the 1998-1999 reporting period, the Department worked with the First Nations, FWMB and RRCs in a number of areas.

Department of Tourism, Heritage Branch

The Department of Tourism, Heritage Branch, is responsible for the implementation of the Yukon government's obligations concerning nondocumentary heritage resources and provisions of the final agreements and implementation plans.

These mainly concern chapter 13 provisions for 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 continues to support the work of the YHRB and the YGPNB.

The Branch held two workshops with YFNs and developed draft procedures to protect and manage YFN burial sites, and Tetlit Gwich'in burial sites, as required under land claims agreements. To date, three YFNs have approved these guidelines. A public service announcement to support protection of these sites was also completed for television broadcast.

Management planning for a number of heritage sites continued in 1998-1999.

Department of Tourism, Industry Services Branch

The Department of Tourism, Industry Services Branch, undertakes strategic tourism research to assess, plan and develop sustainable tourism opportunities. The development of regional tourism plans, in partnership with YFNs, helps to identify and establish priorities for tourismrelated economic opportunities that are an integral component of the economic development measures identified in chapter 22 of the UFA and final agreements.

During the 1998-1999 review period, the Branch:

Public Service Commission

The Yukon government has developed a draft Yukon-wide plan for a representative public service and plans for the TTC and NND Traditional Territories. A draft plan for the Traditional Territory of the CAFN is almost complete. All four plans were developed through a joint planning process with YFN and Yukon government representatives.

The Yukon government has approved, in principle, the Yukon-wide, TTC and NND Traditional Territory plans. These plans have been submitted to the respective First Nation governments for their consideration and comment pursuant to the formal consultation requirements of the final agreements. The draft CAFN Traditional Territory plan will be forwarded to Cabinet for consideration in the near future.

Land claims training is being offered in Whitehorse and several communities. YFN presenters provide content relevant to a specific First Nation, and both Yukon and YFN government employees have taken the training.

Yukon Housing Corporation

The Yukon Housing Corporation (YHC) delivers housing programs and services which are subject to transfers under SGAs.

Initial work has begun to collect and analyse financial information required to support PSTAs. A data base is being created to track all client funding, and to correlate that funding with YFN membership lists. Workshop planning in preparation for PSTA negotiations also occurred.

The YHC developed and piloted a training module on land claims for its staff. This module was developed in conjunction with the PSC and is intended to supplement the staff training that the PSC offers to all Yukon and YFN government employees.

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Government of Canada

Department of Indian Affairs and Northern Development

The Department of Indian Affairs and Northern Development (DIAND) remains committed to honouring its obligations pursuant to the UFA and final agreements and their implementation plans with respect to lands, water, mines and minerals, forestry, development assessment, surface rights and economic development. Most of these obligations are discharged through DIAND's Regional Office in Whitehorse, Yukon.

During 1998-1999, important events and accomplishments included the following.

Department of Canadian Heritage

The Department of Canadian Heritage's obligations under the UFA and the VGFN and CAFN's final agreements primarily focus on the national parks and historical sites program. The UFA also obliges the Department to work toward equity in program delivery between the culture and heritage of Yukon First Nations and Yukon at large.

A number of different claims-related activities occurred during the year, as follows.

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Environment Canada

Canadian Wildlife Services

Specific responsibilities of the Canadian Wildlife Services (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.

There were many claims-related activities during the year.

Environmental Protection Branch

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Fisheries and Oceans Canada

Under the provisions of the UFA and the final agreements, Fisheries and Oceans Canada is responsible for the provision of technical and administrative support to the Yukon Salmon Committee. The Minister of Fisheries and Oceans is responsible for approval and action of the Committee's recommendations. A senior official of the Department serves as executive secretary to the YSC, which is the principal instrument for salmon management.

Please see the section on the YSC in this document for highlights of the committee's activities.

Natural Resources Canada, Legal Surveys Division

The Legal Surveys Division of Natural Resources Canada is responsible for surveying First Nations settlement land selections and establishes annual survey priorities based on recommendations made by settlement land committees. Seven of the 14 Yukon First Nations are in the process of implementing legal surveys of their settlement lands. Four survey contracts were carried out for the CAFN and LSCFN, three for the SFN, two for the TTC, one for NND, and the Settlement Land Committee was set up for the TH. Survey programs for the 1999-2000 fiscal year have been developed in partnership with all YFNs except VGFN, and are currently being contracted out. During 1998-1999 activities included the following.

Legal Surveys Division administered 14 survey contracts for five YFN land claims. The field season began in July and finished at the end of March when three winter survey contracts were completed.

The total value of the contracts was approximately $2.8 million.

Approximately $694,000 in economic benefit to YFN communities, businesses and peoples resulted from the 1998-1999 survey work. This represents about 25 percent of the total dollar value of survey contract work carried out. On average, approximately seven YFN beneficiaries are employed for each survey contract.

The surveying for the NND and VGFN is near completion. Surveys are being completed and approved for all First Nations, except the TH, which is slated to commence in the fall of 1999.

Legal Surveys Division is continuing to assist comprehensive land claims negotiators in providing professional advice and comments on draft land selection maps for the remaining YFNs yet to complete final agreements.

As each YFN commences implementation of its survey programs, Legal Surveys Division facilitates training for First Nation members interested in employment with survey companies. In 1998-1999, the SFN and Legal Surveys Division cooperatively developed and carried out practical legal survey training for SFN beneficiaries.

Public Service Commission

The Public Service Commission in Yukon is primarily responsible for external recruitment into the federal public service. The PSC has a role in the review of public service job descriptions and statements of qualifications. A joint committee was established with representation for the First Nations with final agreements, the CYFN, the TPC and the Yukon government to develop a territory-wide representative public service (RPS) plan, as provided for in section 22.4.0 of each FNFA.

The PSC continues to provide a leadership role to federal departments with regard to human resource planning. The PSC has worked in partnership with departments to develop proposals to support Aboriginal hiring in the public service, thereby increasing Aboriginal representation. The PSC Employment Equity Program Authority has been used to support Aboriginal-only recruitment and subsequent hiring of Aboriginal people in the Yukon. The PSC routinely assists departments and agencies in the Yukon to fulfill their First Nation employment equity goals by providing advice, assistance and, where necessary, the PSC appointment authority is utilized. Communication links to the YFN communities have been enhanced and all job opportunities have been posted at each of the First Nations' offices in addition to traditional recruitment methods. The PSC has, in particular, made significant strides and efforts to recruit First Nations students for the job opportunities that become available for students in the Yukon. The PSC markets the program to managers and creates awareness of the option to restrict their competition to First Nation students. The PSC has kept YFNs informed regarding initiatives and programs such as the Positive Measures Program and have invited them to participate in various training and leadership courses and forums.

Public Works and Government Services Canada

The Public Works and Government Services Canada (PWGSC) Centre for Client and Supplier Promotion has developed a complete seminar program designed specifically for Aboriginal businesses.

PWGSC continues to notify Yukon First Nations of procurement opportunities in their settlement areas. PWGSC also provides Yukon First Nations with information kits on how to do business with the federal government in bidding and contracting procedures.

During 1998-99, PWGSC continued to be actively involved in meeting the requirements of the land claims/self-government agreements, with a focus on supply services, systems management, process management, real property services, rural dialogue initiatives and telecommunications.

This guidance, advice, promotion and direction has included all First Nations in the Yukon, as well as the Lower Post, Dease River (Good Hope Lake), and Tahltan First Nations from northwest British Columbia.

PWGSC has also provided procurement advice to all federal departments in the Yukon and included direction and guidance in the areas of contracting and tendering in traditional and settlement land areas in Yukon.

Federal Implementation Coordination

The Implementation Management Directorate, located at DIAND headquarters in Ottawa, is responsible for the overall coordination and monitoring of federal government obligations under the First Nation final agreements. The Directorate represents Canada on the implementation working group and is also responsible for administering funding arrangements with the Government of Yukon, the CYFN, the SRB, the Yukon Land Use Planning Council (YLUPC), the Enrollment Commission and the Dispute Resolution Board. The Directorate makes financial compensation payments to First Nations and is responsible for preparing the annual review of Yukon land claim agreement implementation.

During the 1998-1999 fiscal year, the main areas of focus for the Directorate were the following.

A considerable portion of the Directorate's, time was spent in preparing for and attending meetings of the five year review working group and in follow-up work relating to this initiative.

Good progress was made in updating the status of federal government implementation obligations, in identifying potential issues and amendments and in addressing the issue of First Nation implementation funding.

The Directorate worked closely with a contractor and the Yukon government to respond to an application by a Yukon outfitter for compensation pursuant to section 16.12.9 of the CAFN Final Agreement. Much of this work focused on examining methodologies for determining the fair market value of an outfitting concession.

Considerable work went into negotiating the increasing number of contribution agreements with First Nations (to implement property tax assistance provisions of the individual final agreements) and renewing the Contribution Agreement between the governments of Canada and Yukon for board and committee funding.

In addition to processing various compensation payments and grants, the Directorate implemented payments to the First Nations as required by section 20.6.0 of the UFA.

Funding was provided by Canada during the reporting period as follows.

Financial Compensation Payments

Champagne and Aishihik First Nation
$2,419,108

Selkirk First Nation
$1,980,617

First Nation of Nacho Nyak Dun
$1,240,250

Little Salmon/Carmacks First Nation
$1,854,294

Teslin Tlingit Council
1,639,614

Tr'ondek Hwetch'in
$2,917,463

Vuntut Gwitchin First Nation
$1,684,156

Implementation Funding

Surface Rights Board
$157,000

Yukon Land Use Planning Council
$503,165

Yukon Salmon Committee
$211,500

Council for the Yukon First Nations
$243,749

Dispute Resolution Board
$6,763

Yukon Enrollment Commission
$86,125

Yukon Government*
$1,218,271

* Canada provides funds to support the FWMB, YHRB, YGPNB, and the RRC of each First Nation.

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Appendix 1: Yukon First Nations

Carcross/Tagish First Nation

Champagne and Aishihik First Nations

First Nation of Nacho Nyak Dun

Kluane First Nation

Kwanlin First Nation

Liard First Nation

Little Salmon/Carmacks First Nation

Ross River Dena Council

Selkirk First Nation

Ta'an Kwatch'an Council

Teslin Tlingit Council

Tr'ondek Hwetch'in First Nation

Vuntut Gwitchin First Nation

White River First Nation

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Appendix 2: Features of the Umbrella Final Agreement

The Umbrella Final Agreement is the framework within which each of the 14 Yukon First Nations will conclude a final claim settlement agreement. All UFA provisions are part of each First Nation final agreement. The Quantum of settlement land and financial compensation guaranteed by the UFA is allocated to individual First Nations based on a formula arrived at by the 14 First Nations.

Key provisions include:

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Appendix 3: Features of the First Nation Final Agreements

Common Specific Provisions

Champagne and Aishihik First Nations

(Effective date: February 14, 1995)

First Nation of Nacho Nyak Dun

(Effective date: February 14, 1995)

Teslin Tlingit Council

(Effective date: February 14, 1995)

Vuntut Gwitchin First Nation

(Effective date: February 14, 1995)

Little Salmon/Carmacks First Nation

(Effective date: October 1, 1997)

Selkirk First Nation

(Effective date: October 1, 1997)

Tr'ondek Hwech'in

(Effective date: September 15,1998)

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Appendix 4: Financial Compensation Payments

Chapter 19 of each FNFA provides that capital transfer payments shall be made to that Yukon First Nation on the anniversary date of the signature date of each FNFA. Settlement payments (net of negotiation loans) have been made to Yukon First Nations 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

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Appendix 5: Costs of Implementation

These funds represent funds allocated by Canada for implementation purposes:

Fiscal Year
Payments
1994-1995
$10,504,745
1995-1996
$1,608,601
1996- I997
$2,089,462
1997-1998
$2,508,976
1998-1999
$2,378,365

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Appendix 6: Membership - Implementing Bodies

Enrollment Commission

Chair
Adeline Webber
Members
Irene Adamson
(vacant position)
Alternates
Dan Van Bibber
Shari Borgford
Mary Jane Jim

Yukon Geographical Place Names Board

Chair
Diane Chisholm
Members
Percy Henry
Sam Johnston
Patrick Moore
John Ritter
Daniel Tlen

Yukon Heritage Resources Board

Chair
John Ferbey
Members
Pat Van Bibber
JoAnne Braga
Carol Geddes
Ingrid Johnson
Joe Johnson
Mike Mancini
Georgina J. Nicloux
Clara Schinkel

Yukon Land Use Planning Council

Chair
Lesley Cabott
Members
Laurie Henderson
Patrick James

Yukon Surface Rights Board

Chair
Stephen Mills
Members
Mark Eikland
Greg Komaromi
Brian MacDonald
F Bruce Underhill

Yukon Territory Water Board

Chair
Dale Eftoda
Members
Russell Blackjack
Rose-Marie Blair-Smith
Steven Buyck
John M. Grainger
Brian Lendrum
Karen M. McKenna
Dianna Raketti

Dispute Resolution Board

Chair
lone Christensen
Members
Leslie McCullough
Victor Mitander

Fish and Wildlife Management Board

Chair
Lawrence Joe
Members
Clyde Blackjack
Gerald Couture
Shirley Ford
Neils Jacobsen
Art Johns
Joe Johnson
Ed Kormendy
Teresa Madigan
Mike Smith
Georgina Sydney
Douglas Urquhart
Mike Vance

Yukon Salmon Committee

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

Training Policy Committee

Chair
Shirlee Frost
Members
Stan Boychuk
Andy Nieman
Adeline Webber
Kathy Van Bibber

Alsek Renewable Resources Council

Chair
Mike Crawshay
Members
Rosemary Buck
Thomas Eckervogt
Alfie LaVellee
Harry Smith
Alex Van Bibber
Alternates
Ken Anderson
Ray Hassard

Carmacks Renewable Resources Council

Chair
Dennis Bellmore
Members
Clyde Blackjack
Howard Charlie
Wilfred Charlie
Terry Hanlon
Twyla Wheeler
Alternates
Ken Roberts
Raymond SilverFox

Mayo District Renewable Resources Council

Co-Chairs
Dan McDiarmid
Frank Patterson
Members
Steve Buyck
Ralph Mease
Lawrence Patterson
Jack Smith
Alternates
William Hummel
Bernard Menelson

Selkirk Renewable Resources Council

Co-Chairs
David Johnnie
Llewellyn Johnson
Members
Dale Bradley
Alec Joe
Millie Johnson
Heinz Sauer
Alternates
Danny Joe
Bill Shanks

Teslin Renewable Resources Council

Chair
Denny Denison
Members
Minnie Clark
Evelyn Hassard
Frank Johnstone
John Martychuk
Harry Morris
Doug Smarch Sr.
Sandy Smarch
Orville Smith
Frank Thomas

Old Crow Renewable Resources Council

Chair
Roy Moses
Members
Vicki Josie
John Joe Kaye, Sr.
Robert Kaye
Roger Kyikavichik
Leonard Nukon
Alternates
Randall Francis(Government)
William Josie (First Nations)

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Appendix 7: List of Acronyms

BRO - Band Resource Officer
CAFN - Champagne and Aishihik First Nations
CEAA - Canadian Environmental Assessment Act
CWS - Canadian Wildlife Service
CYFN - Council of Yukon First Nations
CYI - Council for Yukon Indians
DAP - Development Assessment Process
DIAND - Department of Indian Affairs and Northern Development
EC - Environment Canada
EPB - Environmental Protection Branch
FNFA - First Nation Final Agreement
FNFA - First Nation Forestry Program
FNIC - First Nation Interest Consultation
FTA - Financial Transfer Agreement
FWMB - Fish and Wildlife Management Board
GIS - Geographical Information System
IBA - Impact Benefit Agreement
IP - Implementation Plan
LSCFN - Little Salmon/Carmacks First Nation
MOU - Memorandum of Understanding
NND - First Nation of Nacho Nyuk Dun
NRDNWA - Nisutlin River Delta National Wildlife Area
PSC - Public Service Commission
PSTA - Programs and Services Transfer Agreement
PWGSC - Public Works and Government Services Canada
RPS - Representative Public Service (plan)
RRC - Renewable Resource Council
SFN - Selkirk First Nation
SGA - Self-Government Agreement
SLC - Settlement Land Committee
SRB - Surface Rights Board
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
YGPNB - Yukon Geographical Place Names Board
YHC - Yukon Housing Corporation
YHRB - Yukon Heritage Resources Board
YLUPK - Yukon Land Use Planning Council
YSC - Yukon Salmon Committee (formerly Yukon Salmon Sub-committee)
YWB - Yukon Water Board

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Appendix 8: Map of Traditional Territories

Informational map (not exact)

Map of Traditional Territories

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