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July 03, 2014 --- Vol. 08, No. 27July 2014

Yukon Territory

LITIGATION – Thomas R. Berger June 30 said he will argue a landmark constitutional case against the Government of Yukon on behalf of two Yukon First Nations and two environmental organizations in Yukon Supreme Court in Whitehorse July 7-11. Berger said he and his clients, the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Canadian Parks and Wilderness Society Yukon Chapter and the Yukon Conservation Society, launched legal action Jan. 27, 2014, to force the Government of Yukon to implement a Land Use Plan that would protect 54,000 square kilometers (20,844 square miles) of wilderness in northern Yukon’s Peel River Watershed from mining and other industrial development. This plan was produced by the Peel Watershed Planning Commission after seven years of research and consultation, following a constitutionally mandated process under Yukon land claims agreements. It recommends permanent protection of 55 percent and interim protection for an additional 25 percent, of the Peel watershed. On Jan. 21, 2014 the Government of Yukon adopted its own plan for the region. Opposition says this plan opens up over 70 percent of the watershed to roads and industrial development. “Yukon Government’s unilateral decision to accept their own plan for the Peel undermines our Final Agreements,” says Nacho Nyak Dun Chief Ed Champion. “Government’s decision is also creating uncertainty for resource companies who want to do business in the Yukon, and it makes meaningful business relations between First Nations and resource companies difficult.” Tr’ondëk Hwëch’in Chief Eddie Taylor said, “The fresh water that the seven rivers of the Peel Watershed provide is by far the most valuable resource within the Peel. Although we wanted 100 percent protected, we are willing to compromise and accept the Peel Commission’s Final Recommended Peel Watershed Regional Land Use Plan. We will stand up for our rights in court - the Peel Watershed is sacred to us as it was to our ancestors, and we want it to be around for our grandchildren.” More than 50 elders from Mayo, Dawson and Mackenzie Delta communities are expected to join First Nation leadership to witness the historic proceedings. “We are excited by the tremendous public support there is for our case,” said CPAWS Yukon Executive Director Gill Cracknell. “The importance of protecting one of North America’s last remaining large-scale wilderness watersheds has united people across the Yukon, Northwest Territories and beyond. To honor the many people who have expressed an interest in being involved during the trial week, a number of events have been organized in Whitehorse and the communities, as well as on social media.” YCS Peel Watershed Coordinator Karen Baltgailis said, “There is no social license for resource development in the parts of the watershed that the Peel Commission has recommended for protection. We encourage mining companies with claims in those parts of the Peel to show their good will by giving up their contentious claims and operating in other parts of the Yukon where they are welcome.”


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