Photo by Whitehorse Star
Christina Macdonald
Appeal has betrayed thousands, society says
First Nations, environmental groups and opposition parties are grimacing at the government’s plan to appeal the Peel decision.
First Nations, environmental groups and opposition parties are grimacing at the government’s plan to appeal the Peel decision.
They’re taking issue with its invocation of economic competence and democratic authority — but agreeing that the way the gavel comes down carries territory- wide implications.
“It’s unfortunate that (the) Yukon government continues to create uncertainty for industry in Yukon by extending this process even further, but we are ready and willing to continue for as long as it is necessary to protect the integrity of our final agreements,” said Ed Champion, chief of the First Nation of Na-cho Nyak Dun, one of the four plaintiffs in the case.
“The will of the people has been clear all throughout the process,” said Gill Cracknell, president of the Canadian Parks and Wilderness Society Yukon, another plaintiff. “You only had to see the tremendous support during the court case.
“The democratic process for land use planning is laid out in the Umbrella Final Agreement ... something that we’ve all signed on to and the court has upheld ... That’s the crux of it,” she added.
“And if the government was really concerned about the investment climate and the Yukon’s economy, I don’t think they’d be appealing this decision. Industry wants certainty....”
Cracknell said an event will be organized in the New Year in response to the appeal.
Tr’onkek Hwech’in Chief Roberta Joseph insisted her First Nation would “defend the Peel as well as the principles of our final agreements.”
She stressed the integrity of the land use planning process “promised to us in exchange for ceding aboriginal title to 95 per cent of our traditional territory.
“We ask that First Nations and non-First Nations people alike stand with us as we continue the fight to protect the Peel and preserve the integrity of our modern- day treaties.”
Christina Macdonald, executive director of the Yukon Conservation Society, portrayed the appeal as “a betrayal of the thousands of people who have put their energy toward the protection of the Peel for so long.”
The NDP stated in a release the government has bypassed an opportunity to mend strained relationships with Yukon First Nations.
The official Opposition said the appeal “casts doubt on the premier’s level of understanding and commitment” to relationships freshly formed in 1993 under the unprecedented UFA and subsequent land claims agreements.
“Premier (Darrell) Pasloski could have used the Yukon Supreme Court ruling as an opportunity for reconciliation with First Nation governments,” NDP Leader Liz Hanson said.
“Instead, he has chosen to continue a hopeless legal battle on the public dime that harms the Yukon’s long-term interests.”
Hanson also criticized the timing of the announcement over the holidays — the appeal deadline was Jan. 1 — as well as a so-called “closed-doors approach to governing” by the Yukon Party.
“As Yukoners get wind of this decision, this government will have to answer for its stubborn refusal to respect the commitments made between Yukon government and Yukon First Nations on behalf of us all.”
Kate White, the NDP’s Environment critic, suggested the government “did not answer honestly or directly” to the Peel land use planning commission, First Nations and other Yukoners in the lead-up to the lawsuit, launched this year.
Following a four-day trial in July, the Yukon Supreme Court threw out the government’s land use plan on Dec. 2.
Justice Ron Veale concluded the Yukon government was wrong to apply a narrow interpretation of a clause in the land claim agreements that allows it to approve, reject or modify land use plans produced by regional planning commissions.
The government did not fulfill its obligation to behave honourably in its involvement with the land use planning process, the judge wrote.
“The key principle is that modern treaties must be interpreted in a manner that fosters a positive long-term relationship between First Nations and Government of Yukon as well as between aboriginal and non-aboriginal communities,” the decision states.
Calls and emails requesting comment from the Yukon Chamber of Commerce, Yukon Chamber of Mines, Whitehorse Chamber of Commerce were not returned before press time this afternoon.
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Comments (17)
Up 5 Down 0
Just Say'in on Jan 7, 2015 at 12:44 am
I elected a majority government to represent me. If you did not vote that way then vote differently next time. But in the meantime in a democracy they have the hammer. That is how it works. First nations governments do not represent me in any way. If they are sovereign nations as they claim, then they should stop voting for my representatives. I promise I will not vote for theirs. (Like I would be allowed) hmmm.
Up 21 Down 5
Adjudication process on Jan 5, 2015 at 11:37 am
I spent four days in Yukon Government sponsored adjudication process and they don't work in some cases and they can be influenced for bad reasons. Once the lawyers get going the truth gets lost and does not represent the people at all. It becomes how much money I can make out of this and when it is done they move onto the next victims.
Up 29 Down 7
Josey Wales on Jan 4, 2015 at 5:25 pm
So sick of this "topic" I is....
8k signatures from "where ever" like it would be anywhere near here, hardly is the majority.
I too say hold a referendum on voting day, however THAT may actually turn out?
I so so soooooooo wish the topic goes dead!
Up 20 Down 19
Richard on Jan 3, 2015 at 10:08 am
The elections are coming up this spring or autumn. If you don't like what the Yukon Party are doing vote them out. This topic is still recent enough to stay in mind while you look at the voting paper. Do what you have to do if this is important to you.
What I would like to hear clearly from the other political parties is to say they will honour the agreed plan and reverse any negative outcome that might come about in courts. But I am not hearing or being reminded of that. Can we rely on the CBC and private media to relay both sides of the story?
Up 20 Down 37
fed up Yukoner on Jan 3, 2015 at 9:05 am
Seriously the Peel property is just a bunch of claims in mining companies books so they can reel in more bucks for exploration. If there is no chance that these will become mines then lets not have any work done there, period. Those who say folks who drive vehicles and live in houses with plastic and protest for the Peel are hypocrites, get a brain. We have a real chance to preserve one of the last complete watersheds in the world, almost 100% pristine, there has been work done in the 50-60's that are still visible today, good example of what it could look like if we let the mining and gas companies in. The world is going to stop depending on countries like China, going crazy and having a car and every gadget for a billion people cause the planet can't handle it, period. If we need to mine the Peel down the road the world will be desperate and past caring about preserving nature, it will be about water, not minerals and hopefully we will still control the water.
Why don't people understand that we can't keep extracting resources ad nauseum. And if your house has gone down in value by $100,000, its because you paid at least that in inflated housing prices. It's going to go down even more and I think it's hilarious that you thought houses in Whse were worth those ridiculous prices, what on earth is the Yukon's economy? Only when mineral prices are high do we have a small bit of real economy, it's not because we don't mine the Peel. Thank goodness we have the small/family gold miners, they are the real back bone of this territory, which means we should have a way smaller population that doesn't need this horrible amount of transfer payments we are now apron stringed to....
Up 42 Down 29
Yukoner's need a group together on Jan 2, 2015 at 2:44 pm
Yukoner's we need to group together before the Yukon becomes a ghost town as the anti development group wants.
Up 48 Down 22
Who being Betrayed First Nations on Jan 2, 2015 at 10:55 am
This group is betraying our First Nations and all Yukoner's the right to be part of the Yukon success and build for their communities the services they need and want. Look at Minto mine, it has paid $10's of millions of dollars to First Nation government which was re-invested back into their community as a good example. Look in Alberta the great success of First Nations on resources development. One developed its own bank it was so successful and has supported other First Nations. The Peel will always be there and its beauty will remain forever. Ask people when they come to Whitehorse and the first thing they state is its beauty.
Up 63 Down 46
Costs to Yukon on Jan 1, 2015 at 5:40 pm
It is not the Yukon Government going to court but the environmental groups who receive their money from outside and causing problems in the Yukon. You have the advisers and lawyers wanting to create as much problems as they can to make more money. In the end the Yukon Government and the First Nations have to pick up the pieces and make it work.
Up 54 Down 10
Trev on Jan 1, 2015 at 5:27 pm
The Court is there to adjudicate the law, not reflect public opinion. The Government is responsible to the will of the people, as expressed in the election. Activist pressure, protests and opinion polls mean absolutely nothing. This is a hugely important case to clarify the roles of First Nations, Land Claims Agreements and the elected Government of Yukon in land use planning, thus future economic development in Yukon. Clarity is the foundation of progress.
Up 50 Down 11
Groucho d'North on Jan 1, 2015 at 4:55 pm
Judging by the comments being made here and in other media sites, I am getting the sense that both sides in this debate have passed their "Best Before' dates. Emotion, frustration, anger, disrespect and heavy bias and various versions of the truth are clouding any rational discussion on the future of the Peel region. There's also too much hyperbole in my opinion, but that is the way of modern promotion and getting the public's attention. It is however a good barometer for how desperate this argument has become.
The Peel region is not going anywhere - how about we table this debate for a decade or so before we once again launch into a planning process that has only succeeded in making lawyers rich? Both sides say this is for the wellbeing of the generations to follow. Maybe they would like a say in this too?
How about everybody fold up their tents, turn off the campaigning and we leave this matter alone until 2030-ish?
I'm sure the lawyers can find other things to do in the mean time.
Up 45 Down 54
melba on Jan 1, 2015 at 4:06 pm
To me this is about managing the Peel in an appropriate manner. It is not primarily about 'protecting treaties' on behalf of the FN's. The thing is, the Yukon Party does not have to listen to what non-native people want. So they don't! They just dillegently work away on behalf of the corporations who put them there. So I guess we are lucky that at least 20% of the people in the Yukon have a real voice to control the Yukon Party who otherwise simply implement the wishes of the resource extraction corporations and the 35% or so of Yukoners who agree with their policies.
I respect the 35% for voting for what they believe in, but wonder how many of them will be voting YP next time around now that they see the lying that went on and is still going on with the Mountain View Golf course $750,000 give-away, and now that they see that the Yukon Party did in fact have a very firm plan for the Peel, which they kept hidden until after they were elected.
Up 49 Down 76
Werner Rhein on Jan 1, 2015 at 1:01 pm
I think the Pasloski crew should go into rehab, have a prolonged time out and sober up. Then how they react is just like addicts, addicted to a false majority. The only difference is they don't have to pay for the dope, the taxpayers do.
It seems that thee people don't have the capacity to understand what their job is, the protection of the citizens, the people who brought them into their false power position and the environment, build workable infrastructure and mostly listen to what people really want.
They do not even protect their superiors, the Big Money and Industry. All they do is create uncertainty for everyone.
They can't or won't even accept the law and this is not just for this case the Peel Watershed Land Use Plan, it is the same with the ill fated LNG plant, the withholding of low cost housing money, the building of a school, timely and on budget, the buying back of land, the government is the owner of already.
They are really good with creative accounting; they claim that the Yukon finances are in the black, wrong. The Yukon finances are deep, very deep in the red, because they transferred ill investments to Crown Corporations; Hospitals, Mayo B, YEC LNG Plant and the list goes on. In the books are only the interest payments on these investments but nothing for principal payments, they refer that to future generations. How nice.
Where is the almost criminal investment of $36 Millions, Fenti did, hidden?
I think it is time for a timeout for the Yukon Party. With that many big mistakes on the books in any other real Democracy this guys would out of office.
But as I said in the beginning, they are addicts and don't even realize how sick they are. These people need help, you can help them by writing letters to the editors, by showing up at the gallery in the Legislative assembly, by showing up on rallies and demonstrations, by calling them and asking questions.
That is what Democracy is all about, asking questions, don’t swallow everything that is forced into you, search for better solutions.
Up 58 Down 11
How can relationship be build with First Nation on Jan 1, 2015 at 9:47 am
First Nations have their rights and interest as they choice to bring them forward. But when you have lawyers and advisers to the First Nation that influence them to do things that are not in their best interest than how can any reasonable or meaningful consultation take place. I would suggest the First Nations people and the Yukon Government elected officials meet and complete an agreement. Keep the staff and lawyers out of it. Than you will see a much better results. The Yukon is not run by judges or anti-development groups but Yukon elected officials and First Nations Governments.
Up 51 Down 13
ProScience Greenie on Dec 31, 2014 at 5:52 pm
The whole Peel LUP has been flawed since day one when the chairman selected was a major player with Tourism Industry Association Yukon and the Wilderness Tourism Association of Yukon. Perhaps the whole thing should be done again without any industry lobbyist involved at such a high level.
Up 43 Down 17
Buzz on Dec 31, 2014 at 4:52 pm
The territory requires a constructive vision to be a viable entity. The days of federal handouts could cease to exist. So all the nay sayers what do you suppose we do looking ahead. The part of the territory can be helpful to all groups involved however the hypocrisy of those that drive vehicles made of metal, that burn fuel from the oil sands and use any plastics never ceases to amaze.
Up 88 Down 106
now outside on Dec 31, 2014 at 2:25 pm
"First Nations, environmental groups and opposition parties are grimacing at the government’s plan to appeal the Peel decision.'
====
So it's OK for those who oppose the issue to use the courts but not OK for the government to use the same process because they disagree?
Up 127 Down 67
stella Mcpherson on Dec 31, 2014 at 2:22 pm
Wonder how much the Yukon Party's stubbornness (Stupidity?) has cost us all in financial terms. I do not mean the payments to the outside lawyers, but all the costs of the Justice lawyers and YTG staff involved in producing the sham plan put forward by YTG I am also curious to know the costs of the slick brochures and ads paid for by YTG.. Someone should ask Pasloski for the costs to date and what will be the estimate for appealing the Court's Decision.
Wonder if these boys would spend their own money on such a useless exercise? Lets see the Pas and his cabinet forgo their salaries to pay for this waste.