THE KASKA NATION'S PRESENTATION
RE: BILL C-2, "An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon"
Presented
to the Standing Senate Committee
on Energy, the Environment and
Natural Resources
Ottawa,
Tuesday, April 29, 2003
INTRODUCTION:
On
behalf of the Kaska Nation, I would like to thank the members of this
Committee for giving us the opportunity to present the Kaska's views on Bill
C-2, "An Act to establish a process for assessing the environmental and
socio-economic effects of certain activities in Yukon."
By
way of introduction, the Kaska are one of the aboriginal peoples of Canada.
Our traditional territory comprises some 93,000 sq. miles of land
stretching from north-eastern British Columbia through the south-east Yukon
and into the adjacent parts of the Northwest Territories.
The part of our traditional territory located in the Yukon comprises some 45,000 sq. miles of land which represents approximately 25% of the Yukon Territory.
The
Kaska Nation's formally recognized claims to unsurrendered aboriginal rights,
titles and interests in and to our traditional territory remain unsettled.
For purposes of negotiating land claims agreements or treaties with
Canada, the members of the Kaska Nation are represented by the Ross River Dena
Council, the Liard First Nation and the Kaska Dena Council.
Working together as the Kaska Nation, we have been attempting to
negotiate a number of important related agreements, including:
•
two First Nation Final Agreements in the Yukon;
•
two Self-Government Agreements in the Yukon;
•
a Transboundary Agreement into the Yukon, including Self-Government
provisions;
•
a Transboundary Agreement into the NWT;
•
two Transboundary Agreements in British Columbia; and a treaty in
British Columbia.
I would like to be able to tell the members of this Committee that the Kaska Nation is close to achieving a settlement of our claims, particularly in the Yukon. Unfortunately, however, that is not the case.
The
Government of Canada has recently allowed its negotiations mandate to expire
and has abandoned negotiations with the Kaska.
As a result of this, the Kaska have been left with no option but to
turn to the Courts to protect our rights to our traditional territory.
We would very much prefer to be resolving our issues at the land claims
bargaining table, but are unable to do so because the Government of Canada no
longer has a mandate to negotiate with us.
THE
KASKA'S COMMENTS ON BILL C-2:
Turning
to the matter at hand, the Kaska are of the view that Bill C-2 contains two
very serious flaws, as follows:
•
First and foremost, Bill C-2 does not protect the interests of First
Nations such as the Kaska who have yet to achieve a settlement of their land
claims in the Yukon Territory; and
•
Canada has not honoured its obligations under paragraph 12.16.1 of the
UFA. Those obligations were
suppose to be honoured prior to the enactment of Bill C-2.
The Purposes of Bill C-2:
Regarding
the first matter (the failure to protect the interests of First Nations
without land claims agreements) it is clear that Bill C-2 fails to adequately
promote and protect the interests of First Nations such as the Kaska who have
yet to achieve a settlement of our land claims in the Yukon.
The purposes of Bill C-2 are set out in section 5(2) of the Act.
From the Kaska's perspective, sub-sections 5(2)(d), 5(2)(f) and 5(2)(g)
are of particular importance. Those
subsections read as follows:
"5.(2)
The purposes of this Act are:
(d)
to protect and promote the well being of Yukon Indian persons
and their societies and Yukon residents generally, as well as the interests of
other Canadians;
(f) to recognize and, to the extent practicable, enhance the traditional economy of Yukon Indian persons and their special relationship with the wilderness environment;
(g)
to guarantee opportunities for the participation of Yukon Indian
persons - and to make use of their knowledge and experience - in the
assessment process;"
In
the definitions section of the Act "Yukon Indian person" is defined
to mean "a person enrolled under a Final Agreement..."
Accordingly, it is clear that Bill C-2 has been structured to protect
and promote the interests of only those Yukon Indian people who have managed
to achieve a Final Agreement. We
consider this to be unfair and inequitable.
The
Kaska believe that Bill C-2 should protect and promote the interests of all
Yukon Indian people regardless of whether their First Nation has been able to
achieve a land claim agreement. From
our perspective, the fact that Canada has abandoned the land claims
negotiations process prior to concluding all of the necessary Final Agreements
makes this even more important. The
Kaska's traditional territory represents 25% of the Yukon Territory, and we
should not be excluded from the purposes of the Act.
Similarly,
Bill C-2 clearly fails to protect the interests of transboundary land
claimants, such as the Kaska Dena Council of northern BC, regardless whether
they have achieved a land claim agreement or not.
Again, we believe that this is unfair and inequitable.
We are of the view that Bill C-2 should not discriminate against First
Nations from outside the Yukon who have recognized claims to lands in the
Yukon Territory.
The
Failure to Honour 12.16.1:
As
mentioned above, the Kaska are also concerned that Canada has failed to honour
its obligations under paragraph 12.16.1 of the Umbrella Final Agreement.
That paragraph reads as follows:
"12.16.1
Government shall make best efforts to negotiate with other relevant
jurisdiction, in consultation with effected Yukon First Nations, agreements or
cooperative arrangements that provide for development assessments equivalent
to the screening and review requirements in the Yukon for enterprises or
activities located outside the Yukon that may have significant adverse
environmental or socio-economic effects on the Yukon."
We understand 12.16.1 to require Canada to make best efforts to negotiate with the Government of British Columbia and the Government of the Northwest Territories, in consultation with the Ross River Dena Council and the Liard First Nation, agreements or cooperative arrangements that provide for development assessments equivalent to the screening and review requirements in Bill C-2 for enterprises or activities located in British Columbia or the NWT that may have significant adverse environmental or socio-economic effects on the Yukon.
For the Kaska the requirements for 12.16.1 are very important because significant portions of our traditional territory are located in British Columbia and the Northwest Territories. Moreover, there are proposed enterprises or activities in those jurisdictions which may indeed have significant adverse environmental or socio-economic effects on the Yukon.
For example, in British Columbia the proposed Liard River Hydro Project represents the largest hydro project still on the books in British Columbia. That project would no doubt have significant adverse environmental or socio-economic effects on the Yukon. Similarly, there are potential large scale mining developments proposed for the NWT portion of the Kaska traditional territory. Again, those developments may have significant adverse environmental or socio-economic effects on the Yukon.
The
parties to the UFA agreed in the "Umbrella Final Agreement Implementation
Plan" that the provisions of 12.16.1 would be implemented prior to the
enactment of Bill C-2. However, to date Canada has not made "best efforts"
or any efforts at all to comply with the provisions of 12.16.1.
Similarly, there have been no "consultations" with the Kaska in
respect of these matters. The Kaska
are of the view that 12.16.1 should be honoured prior to the enactment of Bill
C-2.
CONCLUSION:
In
conclusion, we are of the view that:
•
Bill C-2 should be amended to ensure that the interests of all Yukon
Indian Persons and recognized transboundary claimants are protected regardless
whether they have been able to achieve a Final Agreement or Transboundary
Agreement; and
•
Bill C-2 should not be enacted unless and until the provisions of 12.16.1
have been honoured.
In closing, I appreciate this opportunity to present the views of the Kaska Nation and would now respond to any questions the members of the Committee may have.