Yukon appeals Peel court ruling
Gwich'in vice-president 'very disappointed, to say the least'
Evan Kiyoshi French
Northern News Services
Published Monday, January 5, 2015
PEEL WATERSHED
The Gwich'in Tribal Council's vice-president says the Yukon government's decision to appeal a court ruling that quashed its Peel River watershed land use plan Dec. 2 is unfortunate, but not surprising.
The Yukon government announced its decision to appeal Dec. 30.
"We were expecting it," said Gwich'in Tribal Council Norman Snowshoe, who, along with the Yukon Conservation Society (YCS), the Canadian Parks and Wilderness Society (CPAWS) and other First Nations, filed a legal challenge on Jan. 21 of the Yukon government's modified plan that greatly decreased the amount of protected land.
"I think the history of the way the Yukon government deals with the land management ... is quite evident now, and in their history of working with First Nations ... speaks for itself."
Snowshoe said the Gwich'in Tribal Council participated with the Peel Watershed Planning Commission process in good faith, and put forth a position it could be happy with in its final recommended plan, filed in July of 2011.
The commission called for the protection of 80 per cent of the region, with 25 per cent to be reviewed every five years. But the Yukon government's plan, released early in 2014, only protected 29 per cent of the area, leaving 71 per cent open to development.
"The Yukon government took the commission's plan and unilaterally changed it to address their – I believe – their economic development strategy," said Snowshoe.
"Unfortunately it was totally opposite of what the commission recommended so we had to do something to ensure that our original position on land use planning is put forth."
The government's appeal isn't challenging the Yukon Supreme Court's decision per se, but the remedy envisioned, said Elaine Schiman, a cabinet communications officer with the Yukon government.
The court ordered the government to follow the plan as originally proposed by the land use commissioned.
"We are appealing aspects of the case but not everything," she said.
"The Yukon government believes that this issue has significant implications for Yukon that taking it to a higher level is the right thing to do and the responsible thing to do," stated Scott Kent, minister of Energy, Mines and Resources in a news release.
"This is about our democracy, our economy and our future."
Snowshoe said he can't understand why Kent is citing a threat to democracy as rationale behind the government's appeal.
"He's missing the point I think," said Snowshoe.
"I don't know where that is coming from since he had representation on the commission and the Yukon government were part of the process from the start ... I don't see anything wrong with the democratic process with that."
Schiman said the process was long, and the government approved a modified plan that followed a lengthy consultation process that involved "First Nations and the public."
"Through the land use planning process we believed we were following the process under the umbrella final agreement, and that's the advice we received from our departments and from our legal council," she said.
Kent was not available to comment at press time.
