The current process began in 1973 with the publication of Together Today For our Children Tomorrow by chef Elijah Smith. Negotiations took place in the late 1970s and early 1980s, culminating in an agreement that was ultimately rejected. CSC concluded that the Yukon government could not unilaterally change the plan; it was only able to make minor or partial changes based on previous circumstances in response to developments. By circumventing the regional land use process, Yukon`s decision resulted in First Nations not exercising their rights under the final agreements. CSC found that Yukon`s conduct did not maintain the honour of the Crown. While the framework agreement provides a framework in which each of Yukon`s 14 First Nations will reach a final claims settlement agreement, all provisions of the UFA are part of each First Nation final agreement (FNF). The final agreements contain the entire text of the framework agreement with the addition of specific provisions applicable to the First Nation. Before Yukon First Nations regained their autonomy, the federal government regulated how they could use their country. Prior to the agreement, Yukon First Nations claimed the country and Yukon resources as all under their ownership. [3] This was based on the traditional occupation and use of this land. But all Yukon cases were controlled by Indian and Northern Affairs Canada (INAC). [3] INAC was responsible for implementing programs related to law, land reserves, health, social services and housing.

Yukon First Nation groups implemented these programs but did not have the authority to change them. [3] The Peel Watershed, rich in non-renewable natural resources, is part of the traditional territory of a number of Yukon First Nations. The Commission is a politically neutral body that was established in 2004 with appointments from both Yukon and First Nations. Their mandate is to develop a land use plan for the region in accordance with final agreements with First Nations in the region. The Commission was responsible for the development of a project and a recommended final plan, with a regulatory consultation procedure with First Nations. Yukon is authorized to approve, reject or amend the Commission`s recommendations. In 1993, Canada, Yukon and the Yukon Indian Council entered into a framework agreement that served as a model for individualized finite agreements negotiated with the Yukon First Nations. The final agreements recognize the traditional territories of the First Nation signatory states and their right to participate in the management of public funds in that territory. Each final agreement adopted the consultation and cooperation process for the development of regional land use plans in the Yukon, which had been negotiated under the framework agreement.

In Nacho Nyak Dun, CSC stressed that compliance with the treaty text should not take precedence over its underlying objectives and constitutional restrictions imposed by Section 35 of the Constitution Act 1982. CSC noted that “[m] or treaties are intended to renew the relationship between Aboriginal peoples and the Crown with an egalitarian partnership” and noted that if a treaty, such as final agreements, accurately establishes a relationship of government, these conditions should be applied.

Comments are closed.