Peel trial wraps up
Date for decision on future of watershed not yet announced
Kassina Ryder
Northern News Services
Published Monday, July 14, 2014
WHITEHORSE
Gwich'in from the Northwest Territories had a strong showing in support of preserving the Peel Watershed in Whitehorse last week as lawyers representing First Nations and the Yukon Government argued over the future of the area in court.
"We had a lot of support form our Gwich'in communities," acting Gwich'in Tribal Council President Norman Snowshoe said. "A lot of our people went down there and were in the courtroom, which demonstrated to the judge that we are very serious about the matter."
The final decision on watershed is now a waiting game after the trial wrapped up on July 10.
Former justice Thomas Berger is the lawyer representing the First Nations of Nacho Nyak Dun, Tr'ondek Hwech'in, as well as the Yukon chapter of the Canadian Parks and Wilderness Society and the Yukon Conservation Society.
The group filed its lawsuit in January in response to the Government of Yukon's changes to the Peel Watershed Regional Land Use Plan. The Gwich'in Tribal Council acted as an intervenor in the case.
"I think we highlighted the provisions of our land claims that deal with land use planning in the Yukon and work done by Gwich'in in relation to land management in that area," said Snowshoe. "We are good stewards in that area."
The Peel Watershed Planning Commission released its plan for the watershed in 2011. The plan, the result of years of collaboration with First Nations and Yukoners, called for the protection of 80 per cent of the region, 25 per cent of which would be reviewed every five years.
But in 2014, the Government of Yukon released a modified version of the plan, protecting 29 per cent of the region, leaving 71 per cent open to development.
In an earlier interview with News/North, Berger said the case focused on the Government of Yukon's obligation to enforce the commission's original plan.
Under the Yukon's Umbrella Final Agreement, the government is required to collaborate with First Nations throughout the land use planning process, said Berger, adding the Yukon Government's decision to modify and release its own plan without consultation is a violation of that agreement.
"The rights of First Nations are constitutionally protected and their right to have this process followed and not to allow an 11th hour departure from the work that had been done over seven years by the commission," he said.
Snowshoe said he was pleased with the presentation made by lawyers for the Gwich'in Tribal Council, as well as the support the council received from the plaintiffs in the case.
"We had very good legal counsel, their presentation was very well co-ordinated and the points that we were trying to make, we were able to make," he said.
Snowshoe said the majority of people both in the courtroom and performing vigils outside the courthouse were supporters of the First Nations and environmental groups. He said he was surprised to see few Yukon Government representatives.
"I found it very interesting that the First Nations and the political body of the First Nations was out in full force," he said.
Justice Ron Veale will now take time to consider his ruling. A date on when the decision will be released has not yet been announced, but Snowshoe said he believes it could come down in late summer or early fall.
In the meantime, Snowshoe said the council will focus on being prepared for the decision.
"There is always work to be done in relation to these court cases. We have to be strategic and see where we go depending on the outcome," he said. "It's better to be proactive than reactive."
