APTN News: A First Nation in Yukon says the territorial government is dragging its feet on a proposed land use plan for its region.
The Tr’ondëk Hwëch’in First Nation (TH) is located in Dawson City, a six-hour drive north of Whitehorse.
The Dawson Regional Planning Commission, an independent body of Yukon community members, was tasked in 2018 to draft a land use plan for the region.
Once completed, the plan will cover almost 40,000 kilometers in northwestern Yukon, about 10 per cent of the entire territory.
Land use planning is an objective in chapter 11 of the Umbrella and individual First Nations Final Agreements.
A land use plan provides direction to governments on how to manage land, natural resources and industry for the region while also balancing First Nations’ rights and interests.
Only two other plans have been completed in the territory, including the Peel Watershed plan.
In 2022, the commission released its recommended plan to TH and the territorial government. Both governments are required to accept, reject or modify the recommended plan.
TH Chief Darren Taylor said both parties intended to work together to submit joint proposed modifications to the plan in September of 2023.
However, he said the government asked for an extension until March, which was then extended again until April.
Taylor said TH declined to grant any more extensions, instead submitting its proposed modifications alone on April 30.
Four months later, the government has yet to submit its proposed modifications.
TH is now calling on the territory to proceed with its submission without further delay.
“The commission can’t wait forever,” Taylor said. “It’s time for them to complete their important work on planning for the future of our traditional territory.”
Government ‘dragging its feet’
Taylor said the First Nation would like to see interim measures put in place while the plan is being implemented.
That includes interim mineral withdrawals to protect major river corridors, wetlands and other areas of cultural and environmental value from industrial development.
Taylor said moose, caribou and salmon in the region are being impacted by industry, especially mining.
“Current mining practices in the planning region are, in our view, not sustainable,” he said.
He accused the government of “dragging its feet” on its submission as a way to “maintain status quo” on successor resource legislation.
“(The government isn’t) willing to make any changes in the context of certain statutes and legislation to bring them in conformity with our agreements, our rates, titles and interests,” he said.
Taylor also noted Premier Ranj Pillai committed to completing the plan during his government’s term in his 2023 mandate letter.
He fears if the plan is not completed soon it could be pushed beyond the next territorial election.
“We do not see this commitment back with any action. Rather, we see unnecessary and lengthy delays,” he said.
“There’s no consensus, and I thought that we’d have to reach consensus on any extension around time frames in the context and the agreements that we signed.”
White River consultation
A spokesperson with the territory’s Department of Mine, Energy and Resources said the government is currently consulting with the White River First Nation (WRFN), which borders TH’s traditional territory.
The department said WRFN asserts it has Aboriginal rights overlapping the planning area. The department said its legally obligated to consult with affected First Nations under the plan.
“We will deliver our response to the Recommended Plan to the Commission once we have completed our consultation with affected Yukon First Nations, including White River First Nation,” the spokesperson said.
“We remain committed to a timely process and are investing the time needed to complete a thorough review of the Recommended Plan, including consideration of all pertinent views and information.”
But Taylor said the government’s claims don’t make sense to him as TH has a Final Agreement which identifies the boundaries of its traditional territory.
“I truly don’t understand,” he said. “We shouldn’t be held hostage around their duty to consult with White River, and I’m truly not understanding in the legal context why they have that obligation. We’re struggling with a real rationale as to why they want so many delays.”
Next steps
The spokesperson for the department said it plans to submit its response this fall.
The commission will then consider the proposed modifications and offer a final recommended plan to both governments.
Taylor said it’s important the commission be allowed to complete its work in a timely manner.
“If we don’t get a land use plan or interim measures in place, then it’s going to be very hard to protect the values that are important to us as a people and as a community.”
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