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Yukon dealt setback by Supreme Court; back to Peel River start
First Nations and environmentalists are celebrating a historic Yukon Supreme Court ruling that the territorial government did not respect an agreed-on planning process in revising the proposed land use for 26,000 square miles of wilderness.
The impacts on the natural resource development future of the Yukon are unclear, while the government ponders an appeal.
In a written verdict, Justice Ron Veale rebuked the Yukon government for its decision almost four years ago to slash the amount of protected land to 29 percent from 80 percent, with existing mineral claims remaining valid.
Under the revisions, 27 percent of the Peel River watershed area - which has a drainage basin fed by many rivers - would be open to most types of development, while 44 percent would be available for limited mining.
Yukon Environment Minister Currie Dixon said at the time that beyond the protected area, the government would introduce a new regime that would allow “very limited development.”
Kate White, an opposition member in the territorial legislature, accused the government of turning its back on Yukoners by choosing a “path of confrontation and litigation as opposed to planning an economic future for the territory.”
More consultation ordered Veale quashed the revised land-use plan, ordering more consultations with First Nations and other affected communities.
The Na-Cho Nyak Dun and Tr’ondek Hwech’in First Nations, the Yukon chapter of the Canadian Parks and Wilderness Society and the Yukon Conservation Society launched a court challenge of the government’s decision to modify seven years of research and consultation by a commission that called for most of the watershed to be protected.
Chief Roberta Joseph of the Tr’ondek Hwech’in said Veale’s decision ensures the watershed will remain sacred “for our grandchildren.”
The First Nations’ lawyer, Thomas Berger, argued the land use changes had undermined the planning process for the Peel.
“This is a remarkable judgment,” he said. “The land use planning process (signed by the Canadian and Yukon governments and Yukon First Nations in 1993) has been vindicated.”
He said the “remarkable” judgment is a “great victory for the First Nations, the environmental organizations and all Yukoners. In the end, one of the world’s last great wilderness areas will be protected.”
Berger, who served on the Supreme Court of British Columbia for 11 years, has gained special recognition for his commitment to ensuring that industrial development on aboriginal land yields benefits to indigenous people.
He is best known for his role in 1977 as commissioner of an inquiry into the original plans for a Mackenzie Valley natural gas pipeline when he dealt a crushing blow to that project by suggesting a 10-year moratorium until Native land claims could be settled.
Government reviewing ruling The Yukon government said it needs time to review Veale’s ruling before deciding how it will move forward once it assesses the implications of the judgment on land-use planning and economic development.
“As we examine the court’s opinion and the reasons given by the judge, we will continue to work with First Nations, consulting and engaging on any ongoing files, projects and activities,” the government said.
The opposition New Democratic Party said the ruling underscored the government’s neglect of its responsibilities under the final agreements of 1993.
NDP Leader Liz Hanson said it was time for Premier Darrell Pasloski to “admit he was wrong to impose unilateral changes to the Peel land-use plan and respect the spirit and intent” of the final agreements.
She described the ruling as a “testament to the importance of building, not sides-stepping, government-to-government relationships. Instead of seeking leave to appeal this decision to the Supreme Court the premier should seize this opportunity for reconciliation with First Nation governments.”
Government lawyer John Hunter argued before Veale that the agreement on which aboriginal land-claims settlements are based is clear that the government can ultimately approve, reject or modify a final recommended plan submitted by the Peel River watershed planning commission.
Drilling plans stalled Separately, plans by Northern Cross (Yukon) to drill and test up to 20 exploratory wells over the next eight years on the Yukon’s Eagle Plains area have been stalled by three First Nations who have gained an extension on the time they have been allocated to consider the company’s plans.
The project also involves building about 50 miles of roads, starting with winter roads, then all-season roads if they are deemed necessary.
The area is about 18 miles south of Eagle Plains within the traditional territory of the Vuntut Gwitchin and Na-Cho Nyak Dun First Nations and the secondary use area of the Tetlit Gwich’in.
The Yukon Environmental and Socio-economic Assessment Board granted the extension, acknowledging the “complexity and size” of the project along with “concerns raised by elders that need to be addressed.”
One resident, Don Roberts, told the board that Northern Cross has not done its homework, offering no recent baseline studies on the impact of the project on water, permafrost, caribou migration, or any kind of animal life.
- Gary Park
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