Peel watershed trial begins today
Gwich'in Tribal Council to speak in Yukon Supreme Court
Kassina Ryder
Northern News Services
Published Monday, July 7, 2014
WHITEHORSE
Members of the Gwich'in Tribal Council will appear in Yukon Supreme Court this week for the opening of the Peel watershed trial.
Norman Snowshoe, the council's acting president, said lawyers are expected to make initial statements on July 7.
"Our lawyers will be making a presentation," he said. "We will be down there to show support and demonstrate to the courts the importance of that area to us, as well as to show solidarity to the other First Nations that are participating in that court case."
The lawsuit was launched in January. The Nacho Nyak Dun, the Tr'ondek Hwech'in, the Canadian Parks and Wilderness Society Yukon and the Yukon Conservation Society are all plaintiffs in the case and will be represented by lawyer Thomas Berger.
The lawsuit is based on the Government of Yukon's decision to drastically modify the plan for the Peel watershed.
Originally, the Peel Watershed Planning Commission proposed protecting 80 per cent of the region, 25 per cent of which would be reviewed every five years. The plan was formed in consultation with communities and aboriginal governments, all of which were in favour of the plan.
But when the Government of Yukon officially released the plan in January 2014, conservation had been significantly reduced. The new plan protected 29 per cent of the region, leaving 71 per cent open to development.
Snowshoe said the Gwich'in Tribal Council had discussed joining the case as a plaintiff, but decided the council's land claim was comparable to the land claims of the other First Nations.
"We have a very similar land claim agreements in the North. The Yukon has one that is unique where they have all their agreements under something called an Umbrella Final Agreement and under the Umbrella Final Agreement, it provides mechanisms for land use planning. In the Gwich'in land claim agreement, it also provides for our participation in the land use planning process," he said. "We were going to go on as one of the principals in the court case, but we decided that since the similarities were so reflected in our land claims that we would just intervene in this case and not be one of the principals."
Snowshoe said the council decided to join the case as an intervenor, which will allow council members the opportunity to speak during the trial.
Snowshoe said he plans to highlight the rights established during the land claims process, which state that First Nations must collaborate with government on land management decisions.
"We weren't party to the Yukon government's modified plan, so in a sense we are saying that they did not follow due process when they were establishing the modified plan," he said. "We are saying that the commission's recommended land use plan for that area afforded us the opportunity to have input that reflected the provisions of our land claim."
Snowshoe said he also plans to emphasize the watershed's importance to First Nations.
"We have long-standing hunting and harvesting areas in the Peel watershed, the occupation has been well-established. We do have harvesting rights in the area as well as rights to lands, we have private lands in the area," he said. "We have well-established ties to that area and we have to ensure that those are highlighted in our presentation."
Snowshoe said he believes it's unfortunate that after years of consultation, the watershed decision will ultimately be made in court.
"Whenever you arrive in court, that demonstrates that one party is not working in good faith," he said. "It's very unfortunate. Here's a chance, an opportunity missed, to go to the First Nations on land use planning, stewardship of the land, which the First Nations are very good at."
The trial will take place at the Yukon Supreme Court in Whitehorse and is expected to take five days.
