Photo by Whitehorse Star

Richard Mostyn

Procurement policy components are delayed

Facing a backlash from the business community and with a territorial election in sight, the Yukon government is temporarily backing off some of the most contentious parts of its new First Nation Procurement Policy.

By Tim Giilck on March 5, 2021

Richard Mostyn, the minister of Highways and Public Works, announced late Wednesday afternoon during a Zoom news conference that the introduction of the bid value reduction process, as well as the verification process, will be delayed until October to allow more consultation with businesses.

The bid reduction process, in practical terms, gives a discount to First Nations companies bidding on government contracts.

The verification process is carried out to make sure companies bidding on tenders claiming to be primarily owned by First Nations Yukoners meet the government definition.

That will be a “robust” process, according to Mostyn’s staff members who attended the news conference.

That’s an important concession from the government, which has heavily promoted the new policy since it was announced in December 2020.

Since then, members of the business community have pointedly questioned the government on how the policy would work and what it said was a lack of consultation on its design.

One local company even had its legal representative send a letter to Mostyn and the government suggesting it might challenge the constitutionality of the policy.

The procurement policy has been in the works for more than 25 years, since the signing of the Umbrella Final Agreement with Yukon First Nations.

Council of Yukon First Nations Grand Chief Peter Johnston made it clear he isn’t happy with the criticism of the policy from the business community and public.

He said people opposing the policy need “a history lesson”. The Yukon First Nations people, he added, are more than ready to take their proper place in the economy of the Yukon.

“We’re going to take that place whether they like it or not,” he declared.

“We want a piece of the pie. Some people have a sense their entitlement is more important.”

They are mistaken, the grand chief added.

Mostyn said the government is pushing back the deadlines on the two key aspects of the policy to give the business community the time it needs.

“More time is needed and we want to get it right,” he said.

“Every Yukon business deserves an opportunity to succeed,” he added in a news release following the Zoom meeting.

“The Yukon First Nations Procurement Policy is a positive step in that direction. This extension will ensure that Yukon First Nations and non-Yukon First Nations businesses get the time they need to succeed for the territory’s overall benefit.”

Johnston’s comments were less combative in the release, and struck a more conciliatory note.

“Yukon First Nations and Yukon government continue to work together to build understanding about the policy within the business community as we enter the implementation phase. The Yukon First Nations Procurement Policy is a concrete step that will contribute to a better future for our people, communities and the territory as a whole.”

Comments (50)

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Adam Smith on Mar 11, 2021 at 11:16 pm

Whistlebend school RFP dropped today. Is the FN policy going to be part of it? This could a great case study of how this policy 'helps' TKC and/or KD.

Call it now.. not a penny. But lots of consultants telling us it could have.
This should have been delayed to October.

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Jim on Mar 11, 2021 at 9:50 am

@moose, so as long as no political party comes out and slams the policy, your all good. You have no problem with 0 consultation with affected parties and the minister originally saying they consulted with many businesses. At least one party had quite a heated discussion with the minister in regards to his failure to consult. Do you realize this is just not a few road construction jobs or just affecting the members of the Yukon Contractors Association? It affects any procurement by tender by YTG which encompasses many businesses. But as this was done behind closed doors, not much has surfaced. By the time people realize the full effects, this government would like it done and there is no putting the genie back in the bottle.
Most everyone is in favour of enriching the lives of those less fortunate. But that should not come at the expense or destruction of existing businesses. The way portions are written the benefactors will be the large development corporations, not the individual. But when negotiations are between them and YTG, how else would you think it would turn out? I would love to have anyone explain how this will help non-native businesses going forward. Just because the government says so, doesn’t mean it is so.

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MIA on Mar 11, 2021 at 1:05 am

What is Currie's position on this matter?

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Salt on Mar 10, 2021 at 11:16 pm

@Report
Great point. Have you noticed how the liberals have intently been trying to burn their ideology into everything they can touch? Mines, energy, hunting, land use planning, now procurement and probably many others behind the scenes. The FN's need to learn to beware the man who comes bearing gifts.

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Groucho d'North on Mar 10, 2021 at 3:21 pm

@The government should speak in our language
You demonstrate very well what I believe is a key barrier to achieving equality among us all. Rather than providing clarity we can all understand, you went the other way. What language do you use when you order a pizza or open a bank account? The one that will produce the best results of course. We need to acccept that racism is a two (or more) way street and we can try to be more aware of when we cross the line, It becomes so ingrained into our cultures that we no longer see or hear it. An example is: non-native, A common enough term that most of us don't pay much attention to. But if it was reversed to infer aboriginal people are non-white (or more) there would be quite a noise about it.
Let's all try to do better...our kids are watching & listening.
I sincerely hope your languages endure into the future.

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Moose on Mar 9, 2021 at 8:40 pm

It can't be that bad of a policy. If it was, then at least one of the other political parties would have opposed it, but none have. Not even the Yukon Party. So the government should keep pushing forward since everyone is in agreement on this.

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The government should speak in our language on Mar 9, 2021 at 5:57 pm

itsoo' m^aketcah a"kwah d'een etsus thantak hshuo''U iftun satae' uuukwka p,'kawj wakawakada h'eenslo ibnet l''isika e'rqutok dtrno rakam u'itsnu n'ak kamsh .

Try that if you want to understand FN's!

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Paul Muad’Dib on Mar 9, 2021 at 4:03 pm

@ Al - Very well done. I whole heartedly endorse your message. However, the moral obligation to consult does not take shape in the press of a static environment where one can say that this right and this wrong or even that this is more right and this is more wrong. I think that “we” too often assume that democracy ends at the voting booth.

And you are right. This current issue does highlight the problem with democracy in its current form. If I take your meaning correctly ‘we’ are to evolve to a more participatory process of consultation between the governed and the governing.

I do see this current matter before the court of public opinion however as representative of the issue of representative democracy gone rogue. Again, if I take your meaning correctly I agree that the situation is one of amorality. It is the sort of impulse of the despot that we may hope to avoid with greater participation from everyone with equal opportunity. I wonder if you are suggesting something along the lines of a responsible individualism.

Perhaps your umbrage is understandable given my previous approach to the matter however I tend to see a cheapened version of democracy in the power play of politics and this issue to me is certainly indicative of a breakdown in the democratic process.

My respects to you. You have handled this dialogue rather well. I will put away my trolling gear and save it for the lakes this summer.

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Al on Mar 9, 2021 at 3:11 pm

@ Paul: But you see Paul that is why we are stuck in the current state. We are afraid to take bold paradigm moves - thinking outside the box because it is uncomfortable for some - it invokes the possibility of change. Most humans fall into this category. We should be looking at ways to move out of the status quo, especially when we find that what we have is perpetuating the same response. It is akin to hitting yourself on the head with a stick. It hurts. We believe it is the only way. However, what we need to learn is that repetitively doing the same thing over and over again - the same way - will not induce anything but pain. So in order for it not to hurt (if hitting your head is the objective) do something different and use a foam stick. Aha - it doesn't hurt. It is tiresome to have the same problems come before us and not realize that we are likely to see the same results over and over again.

I do take umbrage with your view on democracy. I am no shrinking violet Paul. I have been around long enough that I am not naive. I am a firm believer that if you say "we can't", it has nothing to do with ability but rather and it is an easy way to say "no". The old adage that "where there is a will, a way will be found". Democratic principles can and should always evolve. The premise you cite of well once elected you have carte blanche is pure unadulterated BS. Why - no-one gave you the keys to the kingdom simply because you have been elected to govern. You always have a duty to govern on the principle of "by the people, for the people". That philosophical approach then requires a higher standard of ethics to treat your constituents with the highest regard. You may not have a "legal" obligation but you certainly have a moral one. The later approach is far more important in a democracy than the legal one. It is one of the major pitfalls that most governments make - not consulting with their constituents, thinking you can do as you please. Case in point, look at this current issue as an example.

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steve on Mar 9, 2021 at 1:07 pm

I find it interest reading these comments. People are good at pointing out the problem with this but no one has a proper solution. Any person who walks up to my desk and says we have a problem and they have not thought through the possible solutions are sent away till they start thinking properly. If I want to hear "we have a problem and then whining with no possible solutions put forward I just come on here and read a lot of the comments on any article."

First it's really bad when you have people making policy or decisions when they have no clue what they are doing. When you go to a doc does that mean you can now say you are a doc and make decisions? Same goes for any profession. Why did they not try and get a really experience supply chain person to help draft this. I could have told you right away this would not work. So far from what I have seen come out of the Gov's supply chain group is embarrassing. Not sure if it's the managers or the staff.

There is a way to make this work where everyone walks away thinking it's fair. This is definitely not it. In my 22 plus years in supply chain, I have seen what works and what doesn't incorporating FN needs into contracts and the sourcing process.

All I can suggest to the Yukon Gov (it has nothing to do with Liberals as I have seen cons make some of the worst decisions that have hurt this country) stop get a senior experienced SCMP person to help that has experience in this.

Put the model forward in a room with FN, business and gov and work through it then.
Oh and I would make all sides drink lots of water and no bathroom breaks till they all agree. That makes people concentrate better. hahaha

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Paul Muad’Dib on Mar 8, 2021 at 4:37 pm

@ Al - I gave the roses to my friend Ray Tardid as he feels you two have a lot in common. He is especially enamoured with your flowery prose and wonders if your nose does grows?
The nuance was not lost, it is your suggestion of a neutral third party administrator that I accost. I wonder whose mind is lost? The simplicity of thought that you did wrought on equity and equality made you sound like a tot.

The governments are not obligated to consult with their constituents as they take your vote as their legal precipitants... It's clear to me you don't understand the democracy however it appears you have ample company.
We have no workable arms lengths departments in the Yukon: The Yukon Human Rights Commission is bought and paid for; Legal Aid is a sham; and the Judiciary a parody - Hmmm... All three of the examples a Justice are Justice related... Hmmm...

Anyway, good luck with that... FFS! SMH! LOL!

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al on Mar 8, 2021 at 12:43 pm

@Paul Muad’Dib (aka 'kangaroo mouse' from Dune) - Well it seems I struck a nerve with you Paul, tsk, tsk. So you have thrown down the gauntlet. I usually don't respond to those with few manners, however I shall endeavour to put to you in the clearest of terms that even you will be able to absorb. My comment, if you read carefully, "You can put all the flowery white noise around the subject to make it appear palatable all you want." refers to raison d'etre for the policy as articulated by the government. It is an attempt to make the initiative more palatable to the masses. So, Paul your comment, "Flowery words? I am so tired of having to dumb things down because people ‘choose’ not to learn English anymore." really has zip to do with English (as a subject) or its' understanding, but I shall let that go as your inability to grab the nuance of my point.

Further, I still, and will maintain, that your "nation within a nation" as it applies to this policy is nothing more than an attempt to lure complacency from the reader to believing your version of how it is pivot-able to your argument. The two parties, for which many of authors on the subject have made mention of, that of the AYFN and the YTG made a secret deal without conferring with their constituents. If the AYFN wishes to not have discourse with their folk that is their business - BUT - the YTG has an obligation to consult with their constituents. They failed to - and failed miserably. They knew, I am sure, that were they to have consulted they would have found (as they are now learning) that there is no traction for this policy.

Oh by the way your play on words - "Ray Tardid" - I give back to you with a bouquet of roses.

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too funny he's calling others entitled on Mar 8, 2021 at 10:52 am

“We want a piece of the pie. Some people have a sense their entitlement is more important.”

Who's the person with the 'sense of entitlement'? FN development corps have a lot more clout than most non-native businesses with unentitled owners trying to earn a living.

Get out there and work hard and compete with others. Saying you need to be paid 25% more in order to make it worth your while to work, (which is likely the entire profit margin, so in reality you need to be paid twice as much), is ridiculous on its own. More so when you then turn around and call OTHERS, 'entitled'.

I want to see more native owned businesses in this territory and am in support of some assistance in making that happen. This blanket package however is not okay.

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Max Mack on Mar 8, 2021 at 7:53 am

I find the angry and belittling tone coming from the AYFN Grand Chief to be very concerning.
Is this what the Liberals had in mind when they made "reconciliation" a key policy plank?

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Thomes on Mar 8, 2021 at 12:08 am

it is so sad to watch, how left governments, with policies like this and their radical agenda doesn't fix any, doesn't bring anything forward.....it is dividing a nation and spreading hate.
And this total failure we can watch world wide in western society. This is the result of the left radicalization at schools, universities, public organizations and has long left the path of fairness and normal behavior.
And finally.....you will never fix a problem by simply pumping benifits into some group of people. It just makes them lazy and unproductive!
Our modern, good, free western society was build not only on .... discrimination, unfairness and slavery, like the radical left tirelessly is trying to teach everybody, it was mainly build by hard working people on all sides, smart inventions for everyone. Sadly, not all was fair during that process, we all know.
So we better stop dividing the nation.
.....think of it.....dear liberal government.....

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@ Al on Mar 7, 2021 at 9:59 pm

"There is a solution to all of this - take away all the procurement authority from the government and turn it over to an arms length entity as far as possible from the meddling of ministers and their minions. Make the process as it should be and was intended to be: fair and equal to all businesses who wish to participate"

Clap Clap clap.

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Report on Mar 7, 2021 at 9:55 pm

Information to everyone, upon implementation, it can only be reviewed in two years. If another government comes in, it still cannot be removed. Thanks to Moysten and the Liberals for implementing policies during COVID 19.

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Paul Muad’Dib on Mar 7, 2021 at 9:24 pm

Dear Al - This issue has direct bearing on the notion of a nation within a Nation. It is disturbing that you cannot see that. It is also troubling how you say you do not want to get into legal wrangling while you blindly speak to matters that have great legal import; fairness, equity, equality, and removing powers from the government that were given to the government through the constitution, devolution, and other lawful processes. Have you met my friend Ray Tardid?

Flowery words? I am so tired of having to dumb things down because people ‘choose’ not to learn English anymore. They seem to stall out or regress to Junior high school level English. Often Junior high school English is a challenge for them. Let me be clear though, it is more often a matter of laziness than it is an issue of intelligence.

So Al - I will speak and write my language as I choose. Truck off with your chastisements. You cannot lift yourself up by tearing others down.
This procurement policy is fruit of the poison tree. Public domain? Who the heck do you think regulates the public domain? Because everyone has to eat from the poisoned tree everyone gets sick.

@ JL - Very nicely written and historically accurate accounting of FN history. Your well crafted words do not do the history Justice.
Most people with some insight into the business community understand that FN peoples are making significant inroads into the business world without receiving yet another race-based advantage of 15%.

So JL - Because we know our shared histories we know that racism is wrong. No matter what shade of lipstick you put on the pig... It’s still a pig... And I am, and so should I be, thoroughly repulsed by any form of racism that treats one human as having a lesser value than another. This should disturb you too! This is a consequence of eating the fruit from a poisoned tree.

Get your heads out of your a$$es because this is not about race it is about class. Until you figure that out you will continue to squabble amongst yourselves about irrelevancies...

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There are lots of businesses for sale in Whitehorse on Mar 7, 2021 at 7:45 pm

Why don't the FN put the money there and take more market share? Instead of just taking 15% from million dollar contracts? Or is there something that is stopping that from happening?

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Joe on Mar 7, 2021 at 7:16 pm

@JL.. might want to read those agreements again. You can't make stuff up. Following your way of thinking you should play hardball and build your own roads, your own hospitals, airports, schools or pay user fees for the ones that are in place now.

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JustSayin' on Mar 7, 2021 at 5:59 pm

@JL
Your examples are trivial, simple and do not encompass all the issues faced by everyone. You have no idea what happens behind closed doors. You think non native people have never had bad things done to them? Do you think abuse only happens to FN? Do you think traumatic events only happen to FN? Do you think sexual assault, alcoholism, drug abuse, FAS, doesn't happen to anyone else? Your understanding of the human condition is disgusting. The understanding you have for the world and history is beyond narrow. You are one of those people who keep FN down; you make them perpetual victims.

Do it, go and get all the contracts on your settled territory and get the Joint Ventures which are already formed and continue to line those pockets and yours.

Caucasian people encounter lots of racism especially in a FN community.
If you are going to hold the people of today for the atrocities imposed by the government of the past can we do that to everyone, it's a democratic society after all? For example, your family member commits a crime, so you and the rest of the rest of the generations are at fault for this, that is fair?

People do not get to choose who they are born to, where they are born, and/or their genetic makeup. We should all strive to be better people, work together. That is the only way we will all move forward.
Remember you don't know what happens behind close doors, just like Yukoners do not know what happens between meetings with the Liberals and FN.

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Mandeep on Mar 7, 2021 at 5:41 pm

JL,
You seem to want to call me out. When it comes to racism, I grew up with it too. And sometimes the perpetrators were FN's. Go ask my Elementary school teachers about having to talk to a certain group of students who referred to me as "the paki" or much more affectionately with "Hindu!!'
You'll notice Sidhu and Hindu kind of rhyme. If you didn't notice, don't worry, elementary school kids did.

"But the you got to go home to your loving family!" Sure, or you could ask why my report card in grade 3 mentioned lack of sleep because I was working night shifts. Every night. I pulled my first all nighters in elementary school. Then you could talk about going to a Catholic school and being one of few non whites and completely alien in the understanding of religion. Or the stigma of having my brother burn down a family business. Then all the jokes that were made fun of cause of that. Or how I had no social life except work and school.

But, anyways... the point is, I'm also not innocent. I know quite a few racist jokes! All this history you want to drum up, is moot. People live traumatic lives. A person who has felt death is the same as another person who has felt death. A person who has been assaulted is the same as another person who has been assaulted.

The problem with the BVR, as explained, is very simple.
The Church, the R.C.M.P, the government, is single handedly the criminal in the actions against First Nations. Take 15% from all government employees, pool the wages, and distribute it evenly among the FN bands. If that sounds ridiculous. Tell me why.

Mark Porter, Shane Smarch, Brandon Macintosh --- all classmates. They share one common trait in their present existence. I wonder if you know what that is. I went to school with them. I played during recess with them. I knocked on their parent's doors when I ran for Mayor. We've learned how to work together.

What this BVR does is drive a wedge between The Yukoners that are invested here. In my day to day with customers, I actually take a passionate approach in not treating customers differently. I've had customers share with me the stories of residential schools as well as sharing their court transcripts which provide in depth details about their experiences during residential school. Those transcripts name the individual involved.
https://www.cbc.ca/news/indigenous/residential-school-alleged-abusers-iap-1.3422770

Did you know some of those that individuals that perpetrated the acts are given amnesty by the Canadian gov? You think a BVR deals with that?

I did go to University. I worked every summer. I took studies in Canadian Literature and painting indigenous back into the landscape. I followed MMIW research and read the truth and reconciliation act. I have the umbrella act on my desktop. I have attended fish camps. I take a very scholarly approach to the First Nations. The Canadian government has done serious wrong. I don't at all disagree with that. What I don't agree with is penalizing a private sector that has a shared experience (not the same) with FN, while those that were involved face no penalty. The spirit of this BVR is to push money into dev corps.

My family is very invested in the Yukon. Our family built companies that are Yukon based that employ Yukoners (280 at last count). Over 20% are First Nation. We only looked at the numbers after his BVR came out. Before it never even registered. The entire "enterprise" of Sidhu has to make a certain amount of money to sustain. When insurance in a year is greater than 1 million. When YTG requires over 650,000 for registrations, when we pay a huge sum in property taxes, a million plus in payroll, a ton in tires, oil, maintenance, etc., etc., etc. and the response is, "thanks for your investment but we're about to tank your company with no data or stats to back up our decision," be prepared for a rebuttal.

I've heard the comments about hate towards FN. Has nothing to do with that. We asked first nations to buy us out. They won't pay.
Keep in mind this. We could employ 90% first nations but because we're not 100% owned by FN we would receive 0 of the 15% benefit.
If we sold half the company (that our family put together) to FN's, we'd only get a 5% reduction.
If we sold out 75% of the company, we'd get a 10% reduction.

Which removes our ability to be competitive. If you want to put in the hours that my family does to attain what we have. I guarantee your race won't be the obstacle. It will be stumbling through the day trying to finish so you can sleep in peace for a few hours.

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Never read something so ignorant and racist on Mar 7, 2021 at 3:36 pm

To make it simpler, take two kids, place one in a loving family setting which nurtures them, encourages them to learn skills, learn about their history, their religion, gets to play with their friends and has an overall happy upbringing and a good public education and maybe even some university. Place the other kid in some kind of strict camp completely cut off from their family and friends for most of their childhood and have adults in charge of them who tell them their history and culture is evil and proceed to physically and sexually abuse and torture them daily. Then when that kid turns 18, you say to the kid "Sorry about that, but now you have the same rights as white people, so go ahead and make a successful life for yourself". How is this kid now dealing with extreme trauma and psychological issues not to mention a likely piss poor education compete with the other kid raised in a normal loving household with a good education and stable foundation? There is no way you can say in good faith that they both have the same chance to succeed in business or any other facet of life.

Okay, so post 1950 men coming home from war and women gaining rights. Look at spousal abuse rates. So you have a dead beat dad come home and beat the sh!t out of his mom. Alcoholism didn't exist for just one group. Drug use wasn't for just one group. Normalized violence was acceptable against women. Kids grew up in that. Now you have those kids growing up and beating their wives. The wife runs away with the kids because there are NOW protections for that. The dad was raised that way and does the same thing that he learned BUT now he loses the kids and his wife and doesn't realize he did anything wrong.

The trauma that that kid had of watching his mom get beat, his dad being a drunk, normalized violence, possibility of molestation from relatives, means nothing to you. If he speaks up about it, it's white privilege. He didn't overcome any hardship. His life must have been easy. Quit thinking that trauma is based on race. Trauma is trauma. The difference is everyone except FN don't get paid for it!

Right. Only Natives are victims and it was institutionalized against any other race. Why don't you ask some women around here who shot their husbands after getting beat to f*ck each night and the response from police was, "oh, she's just getting out of hand."

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Ffs on Mar 7, 2021 at 3:22 pm

@JL - FFS save your BS for a novel instead...don't need to hear your life story.

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UMMM on Mar 7, 2021 at 2:30 pm

JL
Your understanding is so far off the mark that it shows why this program is completely ridiculous.
You're saying that ONLY natives faced those types of non loving homes? Only natives faced sexual molestation? Sorry, priests didn't care. Hockey coaches, gymnastics coaches, care to go on? How many companies were setup pre 1960? uh, none? or a minority. Why don't you read The Yukon's history?

What you're saying is FN have to be victims.
Why don't you just put up the real numbers and stats which have been requested from the beginning?
Why not give a total amount for federal transfers for FN (nationally or in the Yukon) and divide it among the population that currently has status.
Bet you're receiving more than $75,000.00 per person.

OR why don't you take the market shares of Air North, Northerm, Kilrich, Castlerock, P&M recycling, Coca Cola, and the 100+ native companies that exist and push that against the GDP output for the private sector in the Yukon
if it's greater than 15%, what would you say?

Quit saying that trauma belongs to only one group. It makes you egotistical and completely unaware of the human condition. Not only that you make trauma for NFN's seem insignificant. This is the childish attitudes we get to sit with during consultations.

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Employees don't matter on Mar 7, 2021 at 2:24 pm

I just wanted to point out that no one has talked to employees for FN companies. I work for a FN company and am NFN. I don't know why I'd continue to work for a FN company when it's going to cause me a harder time to get a business started. I had a plan to save money and buy a truck and hopefully get subcontracted. If this policy goes through I'm at a different rate for subcontracting my truck because the FN would get 15% which is more than the profit margin for one truck in a contract. Why would I keep helping FN companies if it's ruining my future and my kids future as a NFN?

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JL -- ? on Mar 7, 2021 at 2:21 pm

The companies that are currently competing aren't setup before the 1960's?

You keep shifting your goal posts to suit your argument. You think all of these companies fit under the guise of "White." That's patently false. There is heritage that saw every group marginalized that didn't fit 1 of 2 groups. Canadian OR Indian. Scottish, french, metis, irish, english, Indian, chinese --- were all treated like sh!t and have no legislation working in their favour.

Care to talk about chinese internment camps? Building of the CPR?
TONS OF people that aren't "White" are marginalized day by day. (i'd argue whites are too but you won't listen to that). So tell me why those marginalized individuals who still face oppression in "modern" Canada receive a penalty?

It's a racist policy that works to the advantage of people that fit a race demarcation. Look past race and you might see the actual problem. Thinking that people can legislate equality.

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Groucho d'North on Mar 7, 2021 at 2:10 pm

@JL
Your contribution demands a reread or two, but the first question that came to my mind after the initial read is: How long should these accomodations to 'level the playing field' remain in effect? Is this a temporary measure or something you feel should live on in perpetuity?

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Al on Mar 7, 2021 at 11:47 am

Hm, nice to interject a judicial view on rights and equality. A summation of sorts of opinions that only reflects what a written document has provided but ignores the humanity of individuals and community rights. I have no intention of getting into a legal wrangling, or pissing match, on words and opinions. Frankly arguments of a nation within a nation has virtually nothing to do what so ever with the discussion herein. That is for another forum. For those that are taking this view are simply adding a distraction regarding the basic argument regarding the subject matter.

So let us get back to where we should be. We are dealing in contracts in the public domain. The focus of debate is that "we must treat all parties that wish to participate in the bidding process in a fair and equitable manner." It seems some folks want to run from this discussion and introduce a host of variables that is literally an attempt to blur the fundamental premise of the policy - said or unsaid. You can put all the flowery white noise around the subject to make it appear palatable all you want. It does not change the main issue.

There is a solution to all of this - take away all the procurement authority from the government and turn it over to an arms length entity as far as possible from the meddling of ministers and their minions. Make the process as it should be and was intended to be: fair and equal to all businesses who wish to participate.

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Wilf Carter on Mar 7, 2021 at 10:37 am

The liberals behavior in Yukon and Ottawa is leading to social segregation and creates systemic racist behavior. Intentionally creating as much trouble as possible.

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JL on Mar 6, 2021 at 10:54 pm

To Peter, Leonard, Bad Apples, AI, Martin and Mandeep

You say that as the economy exists right now, First Nations are equal with everyone else and have just as many opportunities and are all coming from an equal starting line. This is not the case. First Nations are at a disadvantage even though you don't like to acknowledge it.

First off, racism definitely still exists in Yukon and to pretend otherwise is laughable. This racism is not against white people as many of you seem to claim. White people constitute a large majority here (71% last I checked and 85% speak english as their first language), so claiming to be oppressed by minorities who have comparatively very little wealth and education is ridiculous. And really, how much racism do you encounter? What kind of hardships have you endured at the hands of different government authorities? What did they do to your parents, grand parents and previous ancestors?

Now, you may say "Yeah but that was in the past and now we are all equal". Ok, but how about the many businesses started in or before the 1960s when First Nations were being rounded up and thrown into residential schools (they also weren't even allowed to vote at this time) and then having to deal with openly racist policies designed to keep them down? Once the residential schools were closed down and everyone (who survived) was sent back into their communities after suffering nightmarish sexual, physical and verbal abuse, is it your belief they were then on an even playing field with everyone else who grew up with their families in a normal and probably loving household which even encouraged you to be proud of your heritage?

To make it simpler, take two kids, place one in a loving family setting which nurtures them, encourages them to learn skills, learn about their history, their religion, gets to play with their friends and has an overall happy upbringing and a good public education and maybe even some university. Place the other kid in some kind of strict camp completely cut off from their family and friends for most of their childhood and have adults in charge of them who tell them their history and culture is evil and proceed to physically and sexually abuse and torture them daily. Then when that kid turns 18, you say to the kid "Sorry about that, but now you have the same rights as white people, so go ahead and make a successful life for yourself". How is this kid now dealing with extreme trauma and psychological issues not to mention a likely piss poor education compete with the other kid raised in a normal loving household with a good education and stable foundation? There is no way you can say in good faith that they both have the same chance to succeed in business or any other facet of life.

Then to this point, you may say "well that was done to the previous generation, not the current one so they have no excuse like that". Ok, so let's look at the most common scenario that happened, which was that the previous generation after being sent back to their communities developed severe drug and alcohol addiction problems and mental health conditions as they tried to deal with their trauma by themselves (most others in their communities were dealing with the same trauma and were in no shape to help either). Then they start having kids, many by accident, and so you have a new generation of kids being raised by parents still dealing with the aforementioned conditions and so are in no shape to properly raise a healthy functioning member of society - and so the cycle starts to repeat itself. All the while you have people in the non-first nation communities shaking their heads and looking down their noses at these people (like so many in this comment section for example) for not being able to function in the same way they do. It is pure ignorance. And yes some people will break the cycle and do amazing things, but most normal human beings will not in those circumstances. It's like pointing to a few professional athletes in the NBA or NFL and saying "well they obviously made it big, so there is no reason everyone else can't". So all of this is to say, as it stands, everyone is NOT competing on a level laying field, so stop pretending this to be the case.

Here is another reason it's not a level playing field just for good measure. While First Nations were going through all of the trauma I just described, a lot of non-indigenous people were busy accumulating wealth, building businesses, getting education etc. and now many have or will soon pass this wealth or business on to their children. Meanwhile what do you think is getting passed on to the current generation of FN children whose parents were simply trying to stay alive and help others in their community? Not a heck of a lot! So again, how is it a level playing field?

To this you might say, well yeah but it was the government that did that, not me! Well guess what? We live in a democratic country and have for hundreds of years (for most people) so the government is a reflection of the will of its citizens. The territorial and federal governments are not some form of foreign or autocratic institution. Like it or not, you and your ancestors (European at least) have had the chance to vote and shape your country for a long, long time. As for the Church's role, no argument there, they definitely share responsibility. But no more than the government and society at large.

Last but not least, there are literally, legally binding agreements signed with the First Nations agreeing to this stuff, so even if you don't agree with my previous explanation, there is also a legal one. If First Nations wanted to play hardball we could be demanding all work on our respective territories be sole sourced to us. At first I thought that would be too much and unfair, but after seeing the brutal reaction from contractors and conservatives against these modest changes, I'm now angry enough to go back and advocate for sole source work. This policy meets them WAY more than halfway and this is the reaction they have? Well just remember that both sides can and will play hardball.

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Dad on Mar 6, 2021 at 3:44 pm

Give me, give me never gets. Don't you know your manners yet?

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Patti Eyre on Mar 6, 2021 at 1:25 pm

To all the folks posting equal rights this and equality that, just look at the French in Canada. Didn’t Yukon just build them a specific dedicated school for them at the cost of millions upon millions just because they speak French at home and they have about 100 students there? Where is all the vitriol for the French? Actually I admire what the French have been quietly able to accomplish here, and all without the hate directed toward them, for they are themselves a nation within a nation! The bible teaches acceptance!

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nation within a Nation on Mar 6, 2021 at 12:44 pm

At best there is a system of divergent rights. This is codified in the constitution. There are rights for Indigenous people and there are rights for others. If it was intended that all people were equal there would be no such distinction in the constitution. It is an inherently racist document. This is how we get the racist doctrine of equity. This is how we get a nation within a Nation. So, as we have been moving along with case law, Judge-Mental, made law, which affirms or denies various rights claims made by either side of the argument the foundations for nation within a Nation relations is set.

This creates an inherently corporatist structure which reaffirms the role of the Courts in settling disputes, and in the governance of the two Nations. So, the enemy of both Nations is the not the executive branch of either but rather the judicial branch... One law to rule them all and in the darkness bind them...

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What is the benefit? on Mar 6, 2021 at 4:11 am

What I want to know is why there is no requirement for these businesses to actually employ First Nations people. Wouldn’t that make more sense?

I’m not sure what a financial advantage will do except make the heads of FN development corps (also not 100% FN employed) a bit richer. How does this policy actually, directly help FN’s with reconciliation?

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George on Mar 5, 2021 at 9:53 pm

Tired of the term ”First Nation”..what exactly is that suppose to mean? Slightly different colour of skin.? Slightly different culture? ( last I looked we drive the same roads, use the same hospitals, same internet) , honestly most people don’t really care about 100 years ago. Most people want a fair and just society with equality and diversity, equal rights, shared costs and shared benefits. This policy, and many others, provides benefits to one culture over another, when will we learn?

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Observer on Mar 5, 2021 at 8:51 pm

This is somewhat funny and sad. It is almost having to negotiate the Agreements all over again. There was a lot of opposition to the Agreements from the newcomers back in the day. If it went to any sort of vote, there never would have been Agreements. That is why every party that was in power moved forward with the Agreements, even with the opposition.
Since the time of contact First Nations have never got a fair shake and never will if it is left to the majority of so called Yukoners. A lot of First Nations do business with a lot of these Yukon companies, perhaps they should remember that the next time they need something done?
I like what the CYFN Chief said, it is true, First Nations don't back down, this is our country and we will take our rightful place.

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Leonard on Mar 5, 2021 at 8:05 pm

I think maybe Peter Johnston and Richard Mostyn should take a little course in business. To give any business sector a 15 to 20% bid advantage is not putting FN businesses on equal footing or righting some wrong from back in history. To lash out at local businesses who have worked hard, grew their businesses without any help from YTG is pretty low.
We have some premier FN owned or partnerships here in the Yukon. They compete everyday with non-FN businesses and are quite successful. They are major players in road construction, building supplies, window manufacturing, building construction and commercial property owners. I’m not sure which short comings they are trying to correct. But to put all the local non-FN companies in the same boat as outside contractors is not right. Giving a advantage to local companies is one thing. Giving a 15 to 20% advantage to a particular group over other local groups with taxpayers money is wrong.
If the FN leaders are wanting more inclusion in government procurement, then negotiate that money for training citizens in all the communities so they can get skilled jobs, gain experience and hopefully have the ambition to start a business.

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Peter on Mar 5, 2021 at 6:58 pm

I do not understand how there can be a nation within a Nation. Are we not one country as Canadians? Equal rights? It is clear to me that this territory and Federal Liberal government has driven this country into the same mess like USA was. Discrimination and segregation to First Nation and non First nation. This is a sad state of affairs!
To the First Nation, you have equal opportunity to compete and be productive in today's society.

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Bad Apples Spoil the Barrel on Mar 5, 2021 at 4:36 pm

Grand Chief Peter Johnston - The policy is regulated and legislated racism. There is no other way to perceive it and there is no other way to describe it - Racism.

The Legislators, the Courts, and the Tribunals can dress it up, rationalize it, frame it, or declare it otherwise but at the end of the day it is intended to advantage one group on the basis of perceived race over all others on the basis of their perceived race - Again, racism.

This policy legislates equity over equality on the basis of an assumed set of characteristics under the umbrella of race - Again, racism.

We know what racism is because we have learned our lessons from our shared histories - We know that favouring one race over all others does not work - It is divisive, exclusive, and both subjectively and objectively wrong. It is psychologically and physically harmful to all people who are impacted by it - Because it is racism!

You really have to wonder how these people get to be in the positions they are in when they have absolutely NO understanding of human behaviour and what it means to be human...

So much for the human race... Maybe we should all try to be a little more human?

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Oya on Mar 5, 2021 at 4:32 pm

Al, your comment is spot on. Business is about the bottom line and competition is a normal part of business. Nothing stopping FNs from getting in the game now or in the past. How is it that Air North, Northerm and Castlerock are all surviving so well? Obviously, those better run companies don’t need this racist policy to survive. Why should others be artificially propped up?

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The only part that is objected against is the bvr on Mar 5, 2021 at 3:34 pm

I really don't like that the contractors are being labelled as against the procurement policy. They aren't. They are against the BVR which states that if you're FN owned (nothing else required) you receive 15% off your bid price.

It's a flat out racist policy and discourages NFN to become entrepreneurs. The process has to remain competitive. The BVR ends competition and shuts down the economy to anyone that isn't FN owned. The grand chief is thinking for FN people and forgetting we are Yukoners. Then again, he's made it clear he wants the two tier system. FN's are forever the victim and everyone else owes them.

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History lesson? on Mar 5, 2021 at 3:27 pm

You know that FN's benefit from smelting, the arrival of modern agriculture, firearms, a phonetic language?
You know that FN's were treated as "high class" guests to the King and Queen?

Ultimately that's not true in every case and an entire history can't be summed up as being all pink or all black.
But if you take your rose coloured glasses off and realize that Canada was a frontier that was trying to establish itself as not american and that Canadians (included metis, FN, indigenous, french) banded together to stop that from happening (care to look at what happened in USA and treatment of natives?), you may think, "wow, we got treated way better than what could have happened!". I am not at all absolving the government, church, or R.C.M.P for what they have done or are doing.

But what gets me is that you think private contractors who faced the same obstacles that FN faced (with no help from the gov), somehow need to be struck down?

You're fighting the wrong enemy. Take Sidhu for example. He didn't know english, dealt with racism, and was broke as f*ck when he started out. Go check the history of India during the time he lived. His relatives were being burned alive. Guess he didn't see himself as 15% less than anyone else.

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martin on Mar 5, 2021 at 3:25 pm

Funny that FN and YG said "leveling the playing field"; as far as I know the process goes: 1. Call for Public Tender; 2. Companies place the Bid; 3. Bid is awarded to successful bidder. What is the problem here? Any company need to be spoonfed? No.

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Failed to mention that in the on Mar 5, 2021 at 3:15 pm

interim, in the spirt of fair and honest consultation. The president of the Yukon Contractors Association stepped down.

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PC on Mar 5, 2021 at 3:09 pm

Money talks, and money walks, follow the money. The rich just keep getting richer! Good luck First Nations getting a piece of the pie...heaven forbid one of the rich Yukon elite lose a contract to a First Nation owned/partnered company, local or non local. Sometimes the outside companies are actually better to work with than the Yukon companies. Have a look at the MDS Panel comments from some of the local companies...I would not want to partner with some of them..

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Al on Mar 5, 2021 at 2:59 pm

Interesting comment: "...Grand Chief Peter Johnston made it clear he isn’t happy with the criticism of the policy from the business community and public.

He said people opposing the policy need “a history lesson”. The Yukon First Nations people, he added, are more than ready to take their proper place in the economy of the Yukon.

“We’re going to take that place whether they like it or not,” he declared.
“We want a piece of the pie. Some people have a sense their entitlement is more important.” "

It was never the issue of whether the FN are part of the economy or not, now or in the future. Rather it is the how the FN is being given the golden glove of entitlement to compete within the economy. Frankly I welcome any new business venture - regardless of who is behind it - BUT - when it comes to public contracts, competition bidding and awarding must be on a level playing field. That is the crux of the issue. Surely that is easy to understand. So when non FN peoples are referred to as having a sense of entitlement over FN that is not correct.

Shadow boxing behind closing doors with little regard to others to achieve your aims will always be looked upon with some disdain. It is something that in the historical past non FN were targeted with. Well the knife cuts both ways. No-one, regardless of who they are, should be afforded special privileges at the expense of others.

So, personally I welcome new competition, which will strengthen the Yukon economy and provide livelihoods for everyone. I just want to see this occur where every business, and person, feels they are equal in achieving those goals, without artificial props.

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Patti Eyre on Mar 5, 2021 at 2:54 pm

I don’t know about sense of entitlement but I agree with learning from the past!

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Wilf Carter on Mar 5, 2021 at 2:47 pm

The procurement policy is mess because liberals have no idea of how contracts work.
Further, they make a mess with the budget and taking Yukoners $300 million into debt.
In that capital budget there is very little for land development and housing.
This PC failed before it started.
There are no cost benefit analysis of how this will set the Yukon to go forward to benefit our long term economics and create permanent jobs in the private sector.
Shows what they are doing is not based on a strategic investment plan for the Yukon.
As an elder told me more fools gold from liberals in the Yukon.
How do we pay $300 million in debt?
What services will be cut to pay that debt back?
Liberal have nor heard what Yukoners are saying.
I can't believe how desperate liberals are to go back into power.
Off the wall politics.

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jason on Mar 5, 2021 at 2:25 pm

Grand Chief, we're all learning here and literally creating this path forward as we go. Mutual respect and understanding for one another is key here.

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