Archived - Yukon Land Claim Agreement Annual Review 1998-1999
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Table of Contents
- Minister's Foreword
- Implementation Highlights
- Introduction
- Summary of Implementation Activities and Background
- Renewable Resources Councils
- First Nations
- Department of Economic Development
- Government of Canada
- Environment Canada
- Fisheries and Oceans Canada
- Appendix 1: Yukon First Nations
- Appendix 2: Features of the Umbrella Final Agreement
- Appendix 3: Features of the First Nation Final Agreements
- Appendix 4: Financial Compensation Payments
- Appendix 5: Costs of Implementation
- Appendix 6: Membership - Implementing Bodies
- Appendix 7: List of Acronyms
- Appendix 8: Map of Traditional Territories
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
Implementation Highlights
- Steady progress in the survey program which provided nearly $700,000 in direct economic benefit to Yukon First Nation communities.
- Recommendations to the Parties by the Land Use Planning Council to create eight Regional Land Use Planning Commissions in the Yukon.
- Settlement payments totalling $ 13.7 million (net of loan repayments) were made to the seven Yukon First Nations with Final Agreements.
- Passage by the CAFN of its first three selfgovernment Acts.
- Significant progress by the Parties in addressing the adequacy of funding aspects of the five-year review of the first four First Nation Final Agreement implementation plans.
- Passage by Little Salmon/Carmacks First Nation (LSCFN) and the Tr'ondek Hwech'in (TH) of their initial set of laws enacted pursuant to their respective Self- Government Agreements (SGAs).
- Completion and approval by the Champagne and Aishihik First Nation (CAFN) Chief and Council of an Economic Opportunities Plan.
- The TH Final and Self-Government Agreements came into effect, and the TH made significant progress in setting up their internal organization.
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.
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.
- During the review period, the Working Group's main Focus was the five - year review of the UFA and Final Agreement implementation plans. By agreement set out in the implementation plans, the parties are required to review these plans to determine the adequacy of their provisions and of their implementation funding.
- A separate five - year review working group, composed mainly of implementation working group members, was established to carry out this work. The group met five times in Whitehorse during the year.
- Progress achieved through these meetings included drafting terms of reference, development of a work plan, preliminary review of the status of implementation obligations and an initial list of possible implementation plan amendments and potential implementation issues. Considerable effort was also spent in developing a methodology to review the adequacy of First Nation implementation Funding.
- During this review, it became apparent that there was considerable overlap between issues regarding the adequacy of First Nation implementation funding and separate negotiations with First Nations to reach agreements on the transfer of Northern Affairs Programs and Services to First Nations.
- In March 1999, the Parties agreed to move the issue of adequacy of First Nation implementation funding to the Program and Services Transfer Agreement (PSTA) negotiation table.
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:
- published a comprehensive annual report;
- continued with major work on habitat protection, access management, catch and release, and harvest monitoring;
- recommended new regulation proposals for fish and wildlife management in coordination with Renewable Resources Councils (RRCs), the Department of Renewable Resources and the public;
- networked with RRCs to coordinate input and recommendations concerning local and territory-wide management issues;
- liaised with the Alaska Board of Game to guarantee the continued recovery efforts for the Forty Mile Caribou Herd; and
- held regular working group meetings to discuss specific concerns. Yukon Geographical Place Names Board
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.
- The YGPN13 received 28 applications for the naming of geographical features; 32 principle and alternate place names were recommended to the Minister of Tourism for approval; 110 place name applications await Board review. Many of these require further research before the review can be completed.
- The Board recommended to the Minister of Tourism the establishment of full-time toponymist and toponymist trainee positions.
- The YGPNB recommended to the Minister of Tourism that highway signs be erected for recently approved place names.
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.
- Work began on the development of comprehensive operating procedures and guidelines.
- Work began on a strategic plan to develop goals, objectives and actions for the next three years.
- Planning began for a heritage conference designed to bring together Yukoners to gather information about regional and specific heritage issues and priorities. Results of the conference, scheduled for October, will be used to develop YHRB policies and make recommendations to governments.
- The YHRB recommended to the signatories of the UFA the creation of a "Legacy of ' 98" aboriginal language strategic planning roundtable as outlined in its language report to government "What We Gonna Do".
- The Board recommended to the Minister of Tourism that funding be extended for a commemorative plague in memory of the men who lost their lives in the Pueblo Mine disaster of March 21, 1917.
- YHRB members visited historic Fort Selkirk to view at first hand the restoration, preservation and enhancement of a historic community which is being co-managed by the Selkirk First Nation and the territorial government. Similar management plans for other Yukon communities, which have been negotiated under the terms of recent land claim agreements, are expected to be referred to the Board for review and comment over the next several years.
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.
- The Council proposed eight planning regions for Yukon.
- YLUPC opened a new office and hired staff to conduct its affairs. The staff comprises an office administrator, a First Nations planner and a planning director. A position for a geographical information system (GIS)/research technician has also been identified but will remain unfilled until the first regional commission is established.
- Establishment of a commission in the North Yukon is progressing. The draft General Terms of Reference has been completed, with the exception of decisions relating to the boundary and composition of the planning commission.
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.
- A six-year harvest study of the Yukon River drainage area is under way to determine the extent to which the Aboriginal fishery meets the needs of each Yukon First Nation. To gain a more thorough understanding of YFN basic needs, a historical record is being compiled which documents traditional fishing sites, methods and levels of effort. As the harvest study enters its fourth year, the YSC will continue to monitor the results with increasing interest in anticipation of the study's final recommendations.
- The YSC, in consultation with federal fisheries managers, made recommendations for the timing and extent of fisheries closures.
- The YSC began implementation of a Salmon Conservation Catch Card, which will be used to assess the annual harvest of the salmon sport fishery and will contribute to the conservation and management of recreational salmon stocks.
- The YSC attended a Dawson sewage hearing, and relayed concerns about dam stabilization at the headwaters of Clinton Creek.
- The YSC reviewed available run timing and composition information.
- The YSC hired a public consultations specialist.
- The YSC met with the RRC and user groups of the Alsek River system to get input on a management plan.
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.
- Numerous inquiries were made to the Board over the year, but none resulted in an application to the Board. All active files were concluded in consultation with the applicants.
- Training remains a priority for the Board, particularly in the areas of administrative law and dispute resolution. Board members have been given access to a variety of courses in both areas.
- The SRB visited the SFN in Pelly Crossing and the LSCFN in Carmacks to inform the recently established lands and resources departments about surface rights legislation and procedures on settlement lands within their traditional territories. The Board also contributed to an initiative by CYFN to create terms of reference for a traditional knowledge policy.
- The Board attended the annual Geoscience Forum in Whitehorse to provide information to the mining industry.
- A Web site has been designed as another means of making information available to the public. The site includes past applications, relevant legislation, application forms and procedures, Board member information, and other matters about the Board. The page can be found on the Yukon Surface Rights Board Web site
- The Board completed initial revisions of its rules of procedure. Further revisions will be made before changes go out for public comment later in 1999.
- The Board continued to assist with the ongoing development for training tribunals in the Yukon. The Executive Director For the Board sits as the Yukon member on the Canadian Council for Administrative Tribunals.
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.
- FN training plans were assessed to identify possible generic training that may be part of the three-year work plan.
- The TPC consulted with CYFN concerning the leadership visioning exercise and the Communications and Gathering Strength initiative to ensure continuity in decision making.
The TPC participated in the following meetings and discussions:
- Representative Public Service (RPS) plans;
- the Yukon Government Training Strategy, Apprenticeship Program Review;
- traditional knowledge conference hosted by the FWMB;
- Yukon Department of Advanced Education Labour Market Development Agreement, Yukon Training Strategy;
- Federal government departments - interagency meetings, Human Resources Development Canada meetings, and Department of Indian and Northern Affairs' Leadership Training by Public Service Commission - 2000 and Beyond; and
- Yukon College - Board of Governors.
The TPC has developed the Following documents:
- Training Policy Committee - Operational Guidelines;
- Training Policy Committee - Personnel Policy;
- Yukon Indian People Training Trust - Investment Policy:
- Yukon Indian People Training Trust - Operational Guidelines:
- Yukon Indian People Training Trust - Indenture Agreement.
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.
- New Board members nominated by CYFN attended workshops and seminars on administrative law and toured project sites where there was a potential impact on water flowing on or through settlement land.
- Orientation meetings for new members were conducted. The Board was also active in seeking legal opinions regarding the interpretation of specific requirements under Chapter 14 of the UFA.
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.
- On September 17, 1998, the CAFN Council made history by passing its first three selfgovernment acts: the Income Tax Act, the Fish and Wildlife Act, and the Traditional Activities Protection Act.
- Currently four bills are in various stages of becoming legislation of the CAFN: the Lotteries Act, the Administration Act, the Children's Act, and the Finance Act.
- The CAFN is conducting extensive community consultation with regard to developing land policy on Settlement Land.
- The CAFN continues to work on a government structure that incorporates the responsibilities of self-government. This has led to a review of the Constitution, and Questionnaires have been circulated to consult with citizens on recommended amendments.
- CAFN citizens started paying personal income tax effective January 1, 1999. The CAFN has entered into a tax-sharing agreement with the Government of Canada and the Government of Yukon.
- The CAFN continues to participate in discussions relating to Program and Service Transfer Agreements (PSTAs). Currently negotiations are almost complete for the Northern Affairs Program Transfer.
- The CAFN is developing a funds policy to guide the Investment Committee, which is responsible for the management of compensation dollars.
- The CAFN continues to be involved in various intergovernmental activities including implementation review and renewal, Financial Transfer Agreement (FTA) review and renewal, and taxation negotiations.
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.
- A new leadership was elected, consisting of Chief Joe Linklater and Councillors Roger Kay, Howard Linklater, Patricia Minekim, and William Josie.
- An integrated strategic plan was developed by the VGFN government to refine and guide the implementation of political priorities and the ongoing delivery of programs and services.
- Considerable focus was provided for the effective development of working relations with the Yukon and federal governments, and the foundation was established to strengthen operational ties with Gwitchin governments in Alaska and the Northwest Territories.
- A review of the Vuntut Gwitchin First Nation constitution and legislative and policy making process was launched.
- For the first time Vuntut Gwitchin government legislation was implemented - the Vuntut Gwitchin Income Tax Act; and, a Vuntut Gwitchin Fish & Wildlife Act, and Lands & Resources Act have been drafted and reviewed publicly in preparation for implementation in 1999.
- Preparatory steps were taken to set up the Vuntut Gwitchin Trust to protect the assets of the First Nation, and the Vuntut Development Corporation to assist the development of economic opportunities in the traditional territory by VGFN citizens and corporate entities.
- Ongoing negotiations were conducted with Canada to achieve:
- a new Financial Transfer Agreement which provides the base funding for the VGFN government;
- Program Service and Transfer Agreements to take the responsibility for certain programs (including social services and management of natural resources) that are presently delivered by the federal and Yukon governments; and,
- the 5 year review of the implementation of the Final Agreement.
- Considerable progress was made in management planning for a number of Special Management Areas in the traditional territory. These include:
- the Vuntut National Park
- Fishing Branch Ecological Reserve and adjacent Settlement Lands, Heritage Sites (Rampart House and Lapierre House historic sites, and Whitestone Village)
- the initial planning for the designation of a broader protected area to include the watershed of the upper Fishing Branch system and surrounding area.
- A number of programs were refocused and adjusted, including Housing and Human Resources Training programs and the Caribou project (lobbying for "1002" lands in the U.S. North Slope).
- The loss of the school in a fire necessitated using many buildings in the community as interim schoolrooms. As a result, office facilities are small, cramped and relatively inefficient. In the process of rebuilding, the VGFN has also begun to develop a new community physical development plan which is needed to deal with our expanding community needs and unique issues of being a community in North Yukon.
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.
- During a special General Assembly in October 1998, the LSCFN Income Tax Act was passed, along with a Tax Sharing and Collection Agreement.
- Negotiations for sharing of other taxes are under way.
- A Standing Committee on the Constitution has been established.
- The LSCFN continues to participate in the PSTA negotiations. The second round of PSTA negotiations were concluded and came into effect in February 1999. PSTA negotiations for the Northern Affairs program are under way with priorities set for the next fiscal year.
- The Finance Committee is being trained on financial matters and is working on a draft investment policy.
- A new personnel policy has been drafted.
- The Land and Resources staff, along with legal counsel and community members are working on a draft Settlement Lands Act.
- The LSCFN continues to participate in the Five-Year Review Working Group, the Financial Transfer Agreements Renewal Working Group and the Implementation Plan Working Group.
- The Chief and Council, directors and staff of the LSCFN completed courses entitled "Leadership in Transition" and "Effective Team Building" through Tracon Training Consultants Group Corp. in March 1999.
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.
- The first PSTA was concluded as a part of the land claims negotiations process, with negotiations on subsequent PSTA nearing completion. The TH have a long term goal of assuming responsibility for all programs and services within their jurisdiction.
- The TH staked 23 miles of placer leases on potentially mineral-rich Category B lands.
- The TH government structure was reorganized to create the Department of Culture and Education and rename the Land Claims Department the Lands Department.
- The TH General Assembly passed the Tr'ondek Hwech'in Income Tax Act, and the TH entered into tax collection and sharing agreements. Negotiations continue on agreements regarding other taxes.
- As a result of the commencement of income tax payments, a new "market value" wage structure was adopted by the Chief and Council.
- The TH Government moved into a new administration building on Front Street in Dawson.
- Four Land Claims Committees are now up and running: the Tombstone Steering Committee, the Settlement Land Committee, the Tr'o-juwech'in Steering Committee and the Dawson RRC.
- Negotiations continued toward a benefits agreement with Yukon Energy in respect of the proposed Mayo-to-Dawson transmission line.
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.
- Work continued on the Five Year Review to determine the adequacy of the provisions of the implementation plans and of the implementation funding pursuant to the Umbrella Final Agreement Implementation Plan (UFAIP), and the FNFA IPs for the CAFN, TTC, NND, and VGFN. The Five Year Review Working Group continued to define the terms of reference, guidelines and action plans.
- Discussions were initiated with YFNs which have signed final and self-government agreements to explore formal mechanisms to enhance government-to-government relationships for working together on common issues and implementation priorities.
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.
- The Division continues to participate on the Common Taxation Table regarding the efficient delivery of municipal-type services and the sharing of property tax room. The Property Assessment and Taxation Section maintains the property assessment and taxation implementation requirements in conjunction with each First Nation, as set out in chapters 20 and 2I of the final agreements.
- Community Services entered negotiations on a local service agreement with the SFN for the community of Pelly Crossing and provided consultative services to other YFNs as they work toward establishing self-government. The Planning Section of Community Services worked with YFNs on all planning, zoning and policy development projects undertaken in each YFN's Traditional Territory.
- The Engineering and Development Branch continued to provide employment incentives and economic opportunities to all First Nations, including those with final agreements. Several funding agreements have been provided to YFNs to undertake contract work on Yukon government development projects, as well as attaching memorandums of understanding (MOUs) to Branch contracts that assist the contractor in employing First Nation members on the project.
- The Manager of Land Disposition represented the Yukon government on the seven settlement land committees that review survey requirements for all YFN settlement lands. The Manager ensures Yukon government interests are identified and dealt with.
- The Manager of Land Disposition continued to participate on the interdepartmental group involved in the design of the Development Assessment Process (DAP). Discussions to date suggest that the Municipal and Community Affairs Division will have a major role in the DAP when it is implemented.
- As the management authority for all Yukon government lands, the Land Disposition Section continues to consult with all YFNs on land management issues that directly or indirectly affect YFN settlement lands.
- The Transportation Division concentrated its efforts on the identification of additional Quarries on YFN Settlement Land as per section 18.2.5 of the TH Final Agreement, LSCFN Final Agreement and the SFN Final Agreement. Air photo interpretation contracts have been completed and potential areas identified. Geotechnical evaluation will be carried out by the end of the year and will be followed by reserve applications. The Division also addressed its obligations under Appendix A - Settlement Land Descriptions of the final agreements with respect to road closures, reserve amendments and applications for bridgehead reserves.
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.
- The VGFN completed a draft Economic Opportunities Plan which is awaiting review and acceptance by the VGFN Council.
- The LSCFN initiated discussions on the methodology to be used in its economic opportunities planning.
- The NND initiated economic opportunities planning.
- The TH initiated discussions to commence economic opportunities planning in September 1999.
- Yukon is in the process of putting procedures in place to pay royalties to YFNs in accordance with the provisions of Chapter 23 of the UFA. Royalties have been paid to YFNs with Final Agreements, and are being held in trust for those First Nations without Final Agreements.
- The Department provided input to the processes to establish the Fishing Branch Protected Area, Tombstone Park, and the Horseshoe Slough Habitat Protection Area.
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.
- Information exchange on Health and Social Services programs and development of partnerships with YFNs was ongoing.
- The Department is participating in administration of justice negotiations with the TTC and in interdepartmental meetings. These negotiations include aspects of youth justice.
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.
- The Department entered into negotiations on the administration of justice with the TTC and Canada under section 13.6.0 of the TTC SGA.
- The negotiators reached a Framework Agreement in April 1998, which was approved by the Yukon government in tune 1998, and the Federal government in January 1999. The three parties are now in the process of negotiating phase one of the Framework Agreement.
- The Department entered into preliminary discussions with three other YFNs with regard to the administration of justice in areas such as adjudication, civil remedies, punitive sanctions, law enforcement and the relation of NND courts to other courts.
- The Aboriginal Law Group in Legal Services provides advice to the Land Claims and Implementation Secretariat and to other departments regarding the interpretation and implementation of the agreements.
- The Aboriginal Law Group provides legal advice to the government in taxation, PSTA and Inherent Right negotiations.
- The Land Titles section has been involved in the registration of YFN settlement land parcels. These processes include the registration and the issuance of title to Fee simple parcels, and the filing and reproduction of survey plans for the settlement lands.
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.
- New RRCs were established pursuant to the final agreements for the TH, the SFN, and the LSCFN. Members of these RRCs were appointed by the Minister.
- Work continued in the areas of RRC and FWMB membership nomination and appointment processes, and financial administration. The Department hired a Boards and Councils Administration Officer to assist in the implementation and administration of RRCs and the FWMB.
- The Department continued work with the Alsek and Teslin RRCs on wildlife management planning. Regional staff provided ongoing support to the RRCs to assist in addressing resource management interests as they arise and to implement approved wildlife management planning recommendations.
- Work commenced on Ta' Tla Mun Lake fisheries management pursuant to the SFN Final Agreement.
- The Department initiated work on Mandanna Lake fisheries management pursuant to the LSCFN Final Agreement.
- A steering committee was established in accordance with the TH Final Agreement, to review and recommend a final boundary for Tombstone Territorial Park.
- Management plans For the Fishing Branch Ecological Reserve as provided for under the VGFN Final Agreement and For Horseshoe Slough as provided for under the NND Final Agreement underwent final drafting and additional consultations.
- Work continued on the maintenance of the trapline registry and began on the review of the trapper training program with the assistance of the Yukon Trappers Association. The Trappers Association undertook consultations with YFNs and RRCs.
- The Department participated in meetings with the Land Use Planning Council and the Government of Canada to identify and recommend planning regions and to set planning priorities. The Department also participated in consultations regarding the establishment of three Regional Land Use Planning Commissions which were recommended. The Council recommended three planning regions be established including the traditional territories of the VGFN, the TTC, and the Northern Tutchone group which includes the NND, the SFN and the LSCFN.
- The Department continued to update relevant land claim information in each of the trapping, fishing and hunting regulation synopses. Land claim information is available from Field Services' district offices. Map production using Geographic Information Services was carried out, and various map products were produced to incorporate the Department's administrative information with land claim information.
- Work began on a harvesting rights pamphlet for the Dempster Highway Corridor to explain the hunting rights of the YFNs, Inuvialuit and Tetlit Gwich'in
- The Department participated in the review of, and consultations on, legislative and regulation initiatives of the TTC and the CAFN. The legislation developed by the TTC included a Fish and Wildlife Act, and Settlement Land and Resources Act.
- Legislative initiatives of the CAFN included a Fish and Wildlife Act, and a Traditional Activities Protection Act. Work is ongoing by the Department to identify and implement administrative and operational changes that may be necessary to give effect to the YFN laws.
- The Department carried out work with the FWMB in the design of a harvest monitoring system to address the interest in harvest reporting by all hunters. The FWMB undertook consultations on this initiative.
- Work continued in conjunction with the federal government in the development of a trappers compensation policy and process for YFN trappers whose furbearer harvesting opportunities will be diminished due to other resource development activities.
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.
- Archaeological work was carried out at Rampart House, and the management plan for Rampart House and Lapierre House was completed with the VGFN. Research began for planning the Old Crow Flats Special Management Area.
- The first year of a two-year heritage resource inventory at Tr'o-ju-wech'in Heritage Site was carried out with the TH, involving six student trainees.
- The Branch also participated in planning for the Fishing Branch Ecological Reserve.
- Preliminary archeological assessment work was done at Forty Mile during the summer of 1998.
- Planning to prepare a new Fort Selkirk management plan was initiated.
- An archival research project was completed to support management planning activities at the Lansing Heritage Site with the NND.
- An agreement-in-principle was signed with the VGFN for a heritage officer training internship. The Branch is also working with the Public Service Commission to see how this can be implemented.
- An inventory of heritage sites was provided to the TH as required under its Final Agreement.
- Heritage Branch staff assisted the CYFN with the repatriation of 16 items from the Victoria collection of the Anglican Church of Canada.
- The Branch continued to allocate existing program resources for the development and management of Yukon Indian heritage resources, including:
- archeological research at two sites in the Southern Lakes area with the CAFN;
- oral history work with the TTC;
- various interpretive projects at Fort Selkirk;
- a brochure on archeological work at Canyon City with the Kwanlin Dun First Nation;
- Carcross waterfront development work with the Carcross Tagish First Nation; and
- cemetary restoration with the LSCFN.
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:
- worked with the NND to complete the Silver Trail Regional Tourism Plan;
- participated in ongoing dialogue and working sessions with VGFN regarding tourism planning initiatives; and
- conducted preliminary consultations with the CAFN, White River and Kluane First Nations for the Kluane regional tourism plan.
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.
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.
- Land Resources provided the federal member for the Settlement Land Committees identified in chapter 15 of the settlement agreements. The committees determine survey priorities, ensure the completeness of preliminary and final surveys and provide land-related information to legal surveys.
- As required by Appendix A of the Selkirk First Nation Final Agreement, Land Resources continued to work on the preparation of a surface lease for Minto Resources for a mine site.
- Land Resources proceeded with the cancellation of Crown titles identified as fee simple lands in accordance with chapter 5 of the final agreements.
- Land Resources is continuing with the protection of S-Sites for the seven completed final agreements, through Orders-in-Council, as per section 5.14.4 of the UFA.
- The protection of the Tr'o-ju-wech'in and 40 Mile heritage sites for the Tr'ondek Hwech'in land claim was put into place. Land resources cancelled the Indian and Inuit Affairs reservations (lands set aside) for the TH land claim.
- Land Resources is planning to transfer the Horseshoe Slough Habitat Protection Area to the Government of Yukon in 1999-2000.
- Land Resources developed a communications protocol between DIAND and the Gwitch'in Tribal Council, as per section 8.3.1 of Annex C of the Gwich'in Final Agreement.
- Several First Nation Band Resource Officers have participated and completed a Level 1 enforcement training sponsored by DIAND through the RCMP.
- Land Resources ensured the continued protection of Special Management Areas and Heritage Sites required by the final agreements, such as Ddhaw Ghro Habitat Protection Area and Fishing Branch Ecological Reserve.
- Land Resources continued its responsibility for the administration of encumbering rights on settlement land as negotiated in the final agreements. This includes leases, licenses, easements, reservations, land use and quarry permits.
- Significant progress was made during the year by the DAP Working Group in drafting the development assessment legislation. The parties continue to work on resolving outstanding issues.
- Water Resources realigned its resources to allow hiring of a Water Management Officer (Yukon Waters Act inspector). The requirement For additional inspections and compliance actions, and increasing complaints of Yukon Waters Act violations involving waters on, or passing through, First Nation settlement land have necessitated the shift from information and education tasks to actions.
- As part of DIAND's Band Resource Officer (BRO) initiative, the Yukon Government sponsored a one - year training position as signatory to the BRO program. The Teslin Tlingit BRO was the successful candidate hired by YTG for a one-year time Frame to build capacity in the areas of lands, land use, forest management, as well as YTG programs.
- Forest Resources continued to assist First Nations in building capacity in Forestry management by developing partnerships through the BRO Program (combining Forestry, Lands, and Field Operations activities) and participating in the First Nation Forestry Program (FNFA). The amalgamation of the Land Resources BRO Liaison Officer and the Forestry BRO Liaison Officer position this year enhanced and more fully developed DIAND's ability to meet the consultative requirements of the UFA and First Nation final agreements. It also helped establish partnerships and capacity building with an integrated resource management approach.
- DIAND Fire Management extended First Nation firefighting contracts for a third year with 10 YFNs for the 1999-2000 fire season.
- BROs work with DIAND's Forestry, Lands and Field Operations programs on a daily basis. The support of BROs in each First Nation community allows Full participation on renewable resource decision-making bodies. Specific initiatives with BROs included job shadowing with the White River First Nation and timber cruising training with the NND. Land Resources provided each BRO for each First Nation with orientation to Federal lands, land use, and Forest management activities. Land Resources Forwards all applications for disposition and land use to the BROs for comment and recommendation within their traditional territories.
- Recognizing that the RRCs also play a role in the development of enhanced community consultation, DIAND developed an MOU with the Alsek RRC. An example of an effective joint initiative was the salvage harvesting of the Marshall Creek fire (HJ-09-98). All parties (Alsek RRC, DIAND Forest Resources, the Yukon government and the CAFN) worked together to conclude this in a very short time.
- Forest Resources met with the Dawson RRC on several occasions to establish a working relationship.
- The TTC was awarded a silviculture contract in I998.
- Forest Resources continued to engage in First Nation Interest Consultation (FNIC) with traditional users of the land to assist in minimizing the impact of harvesting activities on traditional subsistence patterns. Once a Harvest Planning Area has been identified, the First Nation is consulted to gather information and identify other YFN users. One-to-one meetings are also held with YFN trappers to minimize the impact of harvesting. Information collected is also used to assist Forest Resources in planning and extracting areas of least impact.
- Fire Zonation map review was carried out with all YFNs and RRCs in March, 1999. Policy development and finalization of fire fighting priorities is expected to occur during the winter of 1999-2000 with all YFNs and the Tetlit Gwich'in.
- DIAND continued to support the activities of the YLUPC by participating as a member on the tripartite general working group, contributing to the development of general terms of reference for regional planning commissions, preparing digital base maps of the proposed North Yukon, Northern Tutchone Tribal Council and Teslin planning areas, and participating in the discussions about the Council's proposed planning agenda, including meetings with the VGFN, Northern Tutchone Tribal Council and the TTC. A Yukon-wide regional planning workshop is planned for September 1999.
- Mineral Resources, in conjunction with the Chamber of Mines and the Government of Yukon, organized a First Nation and mining industry workshop in November 1998, called "Putting It All Together". The workshop was intended to facilitate communications between the mining industry and First Nations, improve understanding of the business of mining and how it affects Yukon, describe the existing impact benefit agreements (IBAs) with First Nations and provide general background on regulations affecting development.
- Mineral Resources conducted workshops with First Nations on the implementation of mining land use in Yukon. These were one-day workshops to cover all aspects of mining, and, in particular, to address concerns brought forward by First Nations.
- Mineral Resources developed a formal set of mining contacts in spring 1998 to facilitate consultation on new approvals for exploration, placer mining and Quartz mine licensing.
- Mineral Resources initiated a process of regular contact with First Nation mining contacts for site visits to properties where First Nation interests are affected.
- Mineral Resources successfully facilitated the reclamation of the Ross River coal site.
- The CAFN Economic Opportunities Plan was completed and accepted by Chief and Council in 1998, further to section 22.3.1 of the UFA.
- Preliminary planning toward the development of the NND Economic Opportunities Plan was undertaken by the First Nation.
- DIAND held a workshop in December 1998 pursuant to sections 22.5.6 and 22.5.7 of the UFA to provide information about how to access government supply and services contracts and standing offers, and how to register on lists or inventories which government uses for contracting. Approximately 75 Aboriginal suppliers have been identified.
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.
- Annual meeting discussions began in the Vuntut National Park in October 1998.
- The Vuntut Park Warden was seconded to VGFN Lands and Resources, providing the VGFN with the expertise to begin gathering information on trapline use and furbearer management.
- Vuntut National Park impact and benefits plan was completed and has been signed off by VGFN.
- Parks Canada, in cooperation with VGFN, has initiated the multi-year oral history project in Old Crow.
- The Kluane National Park Management Board has undertaken a coordination role in the review of the Kluane National Park Management Plan. Four workshops funded as part of the plan review were conducted by the CAFN to provide input into the management plan review. The CAFN also has direct representation on the plan review team.
- The CAFN and the Kluane National Park Management Board were represented on an inter-jurisdictional river managers' trip on the Alsek River. The focus of the trip was the management of commercial wilderness rafting.
- Parks Canada worked with TH administration to create, support, identify, hire and train a First Nation heritage officer.
- Research into the history of the Tr'o-ju-wech'in Heritage Site continued.
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.
- Environment Canada (EC) has been involved, along with other federal departments, in the preparation of the draft Yukon Human Resource Plan which focuses on strategies for a representative Public Service with YFNs. Federal departments are developing this plan to address section 22.4.1 of the UFA.
- This plan is presently under review by the joint federal-First Nation working group tasked with guiding it. Because it is a "living document", the plan will remain in draft form, with parties consulting and amending it as needed.
- To improve and enhance the working relationships with Yukon First Nations, 13 EC staff participated in YFN cultural awareness training in March 1999.
- A final management plan for the Nisutlin River Delta National Wildlife Area (NRDNWA), which was prepared in 1996-1997, was approved by the EC deputy minister in June 1997. Additional field work was conducted in the wilderness area during late July 1998, and Minister Christine Stewart was taken on a tour of the area by the CWS and the TTC on July 30, 1998. The CWS met with the Teslin RRC in November 1998 to review the results of fieldwork and further needs for the NRDNWA (chapter 10, schedule A, section 7.0 of the TTC Final Agreement).
- The CWS participated in several meetings and workshops in Old Crow and Whitehorse (April, June and October 1998) aimed at making progress on a management plan for the Old Crow Flats Special Management Area (chapter 10, schedule C, section 5.0 of the VGFN Final Agreement).
- The CWS attended an initial meeting in Carmacks in July 1998 to discuss management planning for the Nordenskiold Special Management Area (chapter 10, schedule A, section 4 of the LSCFN Final Agreement).
- The Department is awaiting an expression of interest from Chief and Council of First Nations regarding a partnership with EC and the Yukon Government on a new Accord on Environmental Cooperation. Specific subagreements developed under the Accord would address issues such as section 16.3.15 of the UFA. This issue will likely not be addressed until all final agreements are in place and devolution is complete.
- The Department participates in the Yukon land use planning initiative (chapter 11, UFA).
- The CWS continues to consult with First Nations on the development of federal endangered species legislation. All YFNs and RRCs are being provided with information packages on an ongoing basis and, in 1998-1999, were invited to two debriefing sessions with the FWMB. As well, the CWS contracted with the CYFN to consult with all YFNs regarding the proposed Species at Risk Act. The CWS is awaiting a summary document from the CYFN regarding the YFNs' response to the proposed Act (section 16.3.3 and 16.5.4 of the UFA).
- The CWS has initiated, and participated in, a number of activities which contribute to the objectives set out in chapter 16 of the UFA.
- The CWS invited all YFNs, RRCs and the FWMB to participate in a two-day workshop on Research and Monitoring Priorities in the Boreal Northwest. Two Board members and members of two First Nations attended. Three other First Nations sent regrets that they could not attend (section 16.1.1.7 and 16.13.1 of the UFA).
- The CWS worked with the Old Crow RRC and the VGFN through the Arctic Borderlands Ecological Knowledge Co-op to monitor and assess ecological change using local and science-based knowledge (section 16.1.1.7 of the UFA).
- The CWS assisted with the CYFN's workshop on developing protocols for use of traditional knowledge (section 16.1.1.7 of the UFA).
- The CWS contracted the Legend Seekers (two First Nations anthropologists based at the CYFN) to write a section on birds in First Nations culture and history for the upcoming CWS publication Birds of Yukon (section 16.1.1.3 of the UFA).
- The community of Teslin, working with the Teslin RRC, invited the CWS, NGOs and other agencies to make presentations to the community regarding renewable resource issues. The CWS was not able to attend the first session held in June, but will prepare for the next session to be held in the fall of 1999.
Environmental Protection Branch
- The Environmental Protection Branch (EPB) has been an active member of the federal interdepartmental DAP working group. This has involved reviewing position papers prepared by the federal lead department (DIAND) and recommending conditions that the DAP should meet to accomplish departmental requirements and to ensure that it meets the needs of Canadian Environmental Assessment Act. Environment Canada has been directly involved in providing advice and direction to DIAND relative to departmental requirements and capacities. Drafts of the proposed DAP legislation have been reviewed and commented upon. Other parts of the Department have been kept informed through direct contact for input (section 12.3.0 of the UFA).
- The EPB has written to all YFNs and met with representatives of some of them to discuss their interest in becoming participants in the Letter of Understanding Concerning Government Response to Spills in the Yukon. This is a result of the self-government agreements which provide First Nations with environmental management responsibilities. The EPB is waiting for responses from YFNs.
- The EPB has attended meetings of the Yukon Salmon Committee (YSC) to provide information related to operating mines and the risks and potential risks posed to fish resources by these operations. One issue of particular interest to the YSC has been the BYG Minerals Ltd. Mount Nansen Mine west of Carmacks (section 16.7.17 of the UFA).
- The EPB meets with the FWMB as needed to discuss federal wildlife regulations and continues to work with the Board to ensure that First Nations have input to new regulations (section 16.5.3 of the UFA). Working together, the EPB and the CWS attempt to keep the FWMB and other groups abreast of progress in, and the implications of, the amendments to the Migratory Birds Convention vis-a-vis the final agreements (section 16.3.5 of the UFA).
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.
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
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:
- title to 41,439 square kilometers of land including Category A land with surface and subsurface rights and Category B land with surface rights only, but including rights to materials such as sand and gravel;
- $246,600,000 in financial compensation payments (I989 dollars);
- payment of individual First Nation shares over I5 years, beginning when each final agreement is reached;
- $6,500,000 Yukon Indian People Training Trust (I988 dollars);
- $3,000,000 Fish and Wildlife Management Trust;
- up to $1,500,000 for the Yukon River drainage basin for a salmon harvest study;
- a total of $4,000,000 (I990 dollars) as initial capital for the establishment of the Yukon First Nation Implementation Fund;
- payment of $26,570,000 in exchange for the Indian Act, section 87, tax rights, beginning on the third anniversary of the effective date of the U FA;
- rental revenues from surface leases and royalties from the development of nonrenewable resources;
- rights to harvest wildlife for subsistence purposes throughout traditional territory;
- preferential harvesting of some species and exclusive harvesting on Category A settlement land;
- approximately 70 percent of the traplines allocated in each traditional territory;
- guaranteed one-third First Nation membership on the Yukon Water Board, the Dispute Resolution Board and the YLUPC, and up to two-thirds representation on regional land use planning councils;
- guaranteed 50 percent representation on the Development Assessment Board, SRB, FWMB and the traditional territory RRCs;
- provisions for promoting and preserving the culture and heritage of Yukon First Nations; and
- provisions for the ownership and management of heritage resources and designated heritage sites.
Appendix 3: Features of the First Nation Final Agreements
Common Specific Provisions
- Participation in government employment, contracting, and development projects in the traditional territory.
- Options to acquire up to 25 percent of projects managed by the Yukon Government or its agencies or corporations in future nonrenewable resource and hydro-electric developments in the traditional territory.
- Economic development and employment planning processes.
Champagne and Aishihik First Nations
(Effective date: February 14, 1995)
- A total of 1,230.24 square kilometers (475 square miles) of land with surface and subsurface title (Category A); 1,165.49 square kilometers (450 square miles) of land with surface title only, but including rights to materials such as sand and gravel (Category B); and 31.52 square kilometers (12.17 square miles) of land set aside as reserve.
- Financial compensation payments of $31,937,855 over 15 years.
- Specific moose harvests for subsistence needs. Primary consideration in allocation of freshwater fish resources in traditional territory.
- Priority allocation of a minimum number of sockeye and chinook salmon in the Alsek River basin.
- Guaranteed participation in commercial freshwater, salmon fishery and sports fishing, adventure travel, forestry, outfitting and campsite operations in the traditional territory. Representation on the Kluane National Park Management Board.
- Proportional representation in public service positions in Kluane Park.
- Exclusive opportunity or right of first refusal for commercial operations in Kluane Park.
- Exclusive harvesting rights in Kluane National Park within the Champagne and Aishihik traditional territory.
- Establishment of a special management area to guide the development of Kluane National Park and Sha'washe and the surrounding area, and joint management of the Tatshenshini River.
- Provisions to nominate the Tatshenshini River as a Canadian heritage river.
First Nation of Nacho Nyak Dun
(Effective date: February 14, 1995)
- A total of 2,408.69 square kilometers (930 square miles) of land surface and sub-surface title; 2,330.99 square kilometers (900 square miles) of land surface title only, but including rights to material such as sand and gravel; and 9.27 square kilometers (3.58 square miles) of land set aside as reserve.
- Financial compensation payments of $16,888,734 over 15 years.
- Specific commercial wilderness rights in commercial freshwater fishing, adventure travel and commercial freshwater sports fishing.
- A comprehensive economic plan which may include preferential employment and business initiatives for the NND.
- Subsistence harvesting rights of moose, woodland caribou, fish, birds, etc.
- Agreement to enter into negotiations with government and the SFN to establish the McArthur Wildlife Sanctuary as a special management area.
- Representation on the Peel River Advisory Committee.
- Establishment of a wetland habitat protection area at Horseshoe Slough.
- Participation in management of the Peel River watershed.
- Designation and management of a trading post on NND settlement land at Lansing as a historic site.
- Provisions to nominate the Bonnet Plume River as a Canadian heritage river.
Teslin Tlingit Council
(Effective date: February 14, 1995)
- A total of 1,230.24 square kilometers (475 square miles) of land with surface and subsurface title; 1,165.49 square kilometers (450 square miles) of land with title in surface only, but including rights to material such as sand and gravel; and 33.36 square kilometers (12.88 square miles) of land set aside as reserve.
- Financial compensation payments of $21,646,715 over 15 years.
- Guaranteed participation in commercial freshwater and sports fishing, outfitting and commercial wilderness adventure travel: certain employment opportunities For work related to heritage sites, Forestry and surveying. Specific moose harvest for subsistence needs.
- Primary consideration in allocation of freshwater fish resources in traditional territory.
- Required approval for any proposed game farming or ranching activities in the traditional territory when Teslin Tlingit harvesting rights may be affected.
- Establishment of the Nisutlin River Delta National Wildlife Area and preparation of a joint management plan which considers traditional and current use by Teslin Tlingit.
- Rights to harvest wildlife and forest resources in Nisutlin River Delta National Wildlife Area.
- Provisions for recognizing and protecting the heritage and cultural significance of several specific routes and sites and of the Nisutlin River Valley.
Vuntut Gwitchin First Nation
(Effective date: February 14, 1995)
- A total of 7,744.06 square kilometers (2,990 square miles) of land with surface and subsurface title; 7.16 square kilometers (2.74 square miles) of land set aside as reserve.
- Financial compensation payments of $22,234,780 over 15 years.
- Exclusive rights to all new big game outfitting concessions within Vuntut Gwitchin traditional territory.
- All commercial salmon fishing licenses and all commercial salmon sport licenses in the Porcupine River drainage basin for 15 years; preferential rights afterward to any allocation of commercial and sport fishing salmon licenses.
- Right of first refusal for commercial wilderness travel and commercial Freshwater sport fishing in the Vuntut Gwitchin settlement territory.
- At least 50 percent of public service positions with the Vuntut National Park to employ VGFN members.
- First option on business licenses within the Vuntut National Park.
- Specific moose harvest for subsistence needs.
- Basic needs allocation of salmon in the Porcupine River drainage basin.
- Rights to subsistence level and harvesting in the VGFN traditional territory.
- Three special management areas to be established: Vuntut National Park, Fishing Branch Ecological Reserve and Old Crow Flats Special Management Area.
- Provisions concerning the preparation of a land use plan before an all-weather road is constructed into the community of Old Crow.
- Provisions for the protection, ownership and management of heritage resources and designated historic sites.
- Joint ownership and management of Rampart House and Lapierre House historic sites.
Little Salmon/Carmacks First Nation
(Effective date: October 1, 1997)
- A total of 2,598.46 square kilometers (1,003.27 square miles) of settlement land with title to the surface, including 1,533.99 square kilometers (600 square miles) of land for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $20,908,598 (1997 dollars) paid over 15 years.
- Certain preferential allocations of any new licenses or permits for commercial freshwater fishing, commercial freshwater sports fishing, commercial wilderness adventure travel and outfitting concessions in the traditional territory.
- Specific formulas to set out the priority allocation for moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Exclusive harvesting rights on Category A settlement land.
- A special management area established to guide the management and development of the Nordenskiold Wetland Habitat Protection Area.
- A management plan for Mandanna Lake to be jointly prepared by government and the LSCFN to address and balance priorities of harvest between First Nation and other users.
- Processes to enable cooperation between the First Nation and government in identifying and protecting heritage sites incorporated into the final agreement.
Selkirk First Nation
(Effective date: October 1, 1997)
- A total of 4,739 square kilometers (1,830 square miles) of settlement land with surface title, including 2,408.69 square kilometers (930 square miles) for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $22,289,077 (1997 dollars) paid over 15 years.
- Certain preferential allocations of any new licenses or permits for commercial freshwater fishing, commercial freshwater sports fishing, commercial wilderness adventure travel and outfitting concessions in the traditional territory.
- Negotiated arrangements for employment and contracting benefits associated with any construction and operation of a hydro-electric project at Granite Canyon.
- Specific formulas to set out the priority allocation for moose and woodland caribou harvest for subsistence needs in the event of necessary limitations.
- Exclusive harvesting rights on Category A settlement land.
- Special management areas to be established to guide the management, protection and development of Tatla Mun Lake, Lhutsaw Wetland Habitat Protection Area and Ddhaw Ghro Habitat Protection Area.
- Fort Selkirk to become a designated historic site and jointly owned, planned and managed by the SFN and Yukon government.
Tr'ondek Hwech'in
(Effective date: September 15,1998)
- A total of 2,598 square kilometers ( 1,003 square miles) of settlement land with surface title, including 1,554 square kilometers (600 square miles) for which there is ownership of mines and minerals in fee simple.
- Financial compensation of $47,884,845 (1998 dollars) paid over 15 years, less outstanding negotiations loans.
- Tombstone Territorial Park to be established as a Special Management Area in the central Yukon following a two-year public consultation process; Canada to transfer the land for the park to the Commissioner of the Yukon and permanently withdraw mines and mineral mining rights once the park has been approved.
- The Tr'o-ju-wech'in Heritage Site to be established in the area known as Klondike City, across Klondike River from Dawson City.
- A special waterfront area scheme to provide for the protection of lands along the shores of sites of particular importance to the First Nation; the Tr'ondek Hwech'in to control those uses which are incompatible, such as people leaving refuse, visiting the sites without permission and removing artifacts.
- Specific economic opportunities in connection with the North Fork hydro-electric project if a decision is made to proceed with the project.
- A working group established to make recommendations to the Minister and Tr'ondek Hwech'in on habitat protection measures that may contribute to the growth of the Forty Mile Caribou Herd.
- The Forty Mile, Fort Cudahy and Fort Constantine historic sites will be established as a designated heritage site and will be jointly owned and managed by the Tr'ondek Hwech'in and the Yukon government.
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:
Appendix 5: Costs of Implementation
These funds represent funds allocated by Canada for implementation purposes:
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)
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
Appendix 8: Map of Traditional Territories
Informational map (not exact)