In Yukon, eleven Yukon First Nations have defined rights set out in their Modern treaties. These First Nations have used their law making and land management authority over their lands to varying degrees. The eleven First Nations with Modern treaties and law-making powers through Self-government Agreements are:
- Carcross/Tagish First Nation (CTFN)
- Champagne and Aishihik First Nations (CAFN)
- First Nations of Na-cho Nyak Dun (NNDFN)
- Kluane First Nation (KFN)
- Kwanlin Dün First Nation (KDFN)
- Little Salmon Carmacks First Nation (LSCFN)
- Selkirk First Nation (SFN)
- Ta’an Kwäch’än Council (TKC)
- Teslin Tlingit Council (TTC)
- Tr’ondëk Hwëch’in First Nation (THFN)
- Vuntut Gwitchin First Nation (VGFN)
When working with a First Nation(s) the exploration company will want to be familiar with the First Nation(s) Final Land Claim Agreement(s), the Self-government Agreement(s) and the First Nation’s Constitution(s), laws, policies and codes. They are all different.
Defined rights of a First Nation found in the Modern treaties are Constitutionally-protected and therefore of fundamental importance to working within that Traditional Territory.
The First Nation Final Agreements have a Chapter that describes the breadth of Self-government powers (Chapter 24), the paramountcy of the Final Agreement provisions over federal, territorial and municipal laws (2.6.2.2), and the authority to enact by-laws on Settlement Land (5.5.1). Self-government Agreements establish the structure of their law-making authority that applies to Settlement lands or to First Nation citizens.
The Constitution of a particular First Nation sets out the structure of government. In all cases the structures are different. The Constitution gives direction on decision making authority.
The Inuvialuit based in the Northwest Territories are signatory to the Inuvialuit Final Agreement which establishes the environmental assessment process for the North Slope of Yukon. Any work in that area of Yukon will benefit from understanding that Agreement.
There is an area of central Yukon adjacent to the Yukon/Northwest Territories border owned by the Tetlit Gwich’in of the Northwest Territories as described in the Gwich’in Comprehensive Land Claim Agreement, an NWT-based aboriginal group with land and rights in Yukon.
As noted in the Introduction, the eleven Yukon First Nation Final Agreements are all based on the Umbrella Final Agreement. In addition to the UFA provisions each First Nation Final Agreement has specific provisions that relate to the individual First Nation.
It is important to realize that the rights captured in these Final Agreements are given Constitutional protection through section 35 of Canada’s Constitution Act, 1982.
The First Nations with Final Agreements describe the spirit and intent of land management in a traditional and a modern way in the “Whereas” clauses:
“the parties to the Umbrella Final Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Yukon Indian People and the land; ...
the parties to the Umbrella Final Agreement wish to enhance the ability of Yukon First Nations and Yukon Indian People to participate fully in all aspects of the economy of the Yukon; …
the parties to the Umbrella Final Agreement wish to achieve certainty with respect to their relationships with each other”.
The First Nation Final Agreements recognize First Nation ownership of approximately 33,000 km2. This recognizes Yukon First Nations private ownership rights, some legislating capacity over some lands, and involvement in the independent treaty institutions that apply to all areas of Yukon.
Links are provided on the Guide Website for all Yukon Modern treaties and associated documents relating to land and resource management. These can be found at: [Guide web link here].
In addition to the eleven First Nations in Yukon with Modern treaties, the Inuvialuit and Gwich’in Tribal Council in the Northwest Territories also have Land Claims with rights that apply in Yukon. Associated Agreements can also be found at [Guide web link here].
The Yukon North Slope is covered under the Inuvialuit Final Agreement (IFA). A special conservation regime has been established primarily to conserve wildlife, habitat and traditional native use. All development proposals are to be screened with this conservation interest in mind. Other uses can be considered and permitted where it can be determined that there would be no significant impacts or where “public convenience and necessity outweigh conservation or native harvest interests.
Of particular note are sections 11 through which the “Environmental Impact Screening and Review Process” is established (and that applies to projects along the North Slope), and 12 entitled “Yukon North Slope” and Annex E which provides a map of these interests in Yukon. Section 12 describes how wildlife management is to take place in that region of Yukon.
Likewise, the Gwich’in Tribal Council has title to 1,554 km2 of Yukon land and involvement in resource management in a larger geographical footprint in Yukon known as the Primary Use Area and the Secondary Use Area. Maps are provided in the Gwich’in Land Claim showing where these areas exist, and where an exploration company will want to engage if contemplating work in these areas. These areas also overlap with Yukon First Nation Traditional Territories, and therefore it is important to understand the various overlapping interests associated with the Northwest Territories Land Claim Agreements with interests in Yukon. For instance the wildlife management components of the Gwich’in Land Claim overlap with the responsibilities of the Na-Cho Nyak Dun Renewable Resources Council.