In Yukon, eleven Yukon First Nations have defined rights set out in their Modern treaties. These First Nations have used their lawmaking and land management authority over their lands to varying degrees. The eleven 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, exploration companies should be familiar with the First Nation’s Final Land Claim Agreement, Self-Government Agreement, Constitution, laws, policies and codes.
The Inuvialuit, based in the Northwest Territories, are signatory to the Inuvialuit Final Agreement. This Agreement establishes an environmental assessment process for the North Slope of Yukon and should be reviewed by mineral companies intending to work in the area.
The Tetlit Gwich’in of the Northwest Territories own land that overlaps the Yukon/Northwest Territories. Details are provided in the Gwich’in Comprehensive Land Claim Agreement, an important document to mineral explorers.
In 1993 the Governments of Canada and Yukon concluded what is called the Yukon Umbrella Final Agreement (UFA). This created the foundation for the negotiation of Modern treaties and self-government agreements with the fourteen Yukon First Nations. The first four Modern treaties and self-government agreements were settled in 1993, and over the years to 2005 all remaining Yukon First Nations, with the exception of Liard First Nation, Ross River Dena Council and White River First Nation, entered into Modern treaties and self-government agreements based on the UFA.
The UFA was built on the principles introduced by the Yukon First Nation publication, Together Today for our Children Tomorrow, a document submitted to Canada in 1973. It was the first step in the Yukon’s modern land claim settlement process. Based on the UFA, the eleven Modern treaties identify where First Nations own land in their Traditional Territories (and in some cases elsewhere in Yukon). These are either Category A lands with surface and subsurface ownership, Category B lands with surface ownership, and fee simple settlement lands; this amounts to recognition of approximately 33,000 km2 of lands in Yukon. Ultimately the UFA includes permanent mineral rights to nearly 24,000 km2 (the Category A lands).
In addition to land ownership, the UFA also includes chapters that provide for or recognize important institutions of government that affect land interests and development. For instance, the UFA in Chapter 12 sets out the requirement for the creation of the Yukon Environmental and Socio-economic Assessment Board. In Chapter 14 the UFA recognizes and provides for First Nations nominations of appointees to the Yukon Water Board. Other chapters set out bodies that oversee heritage resources, wildlife etc.