INUVIK
Soup and bannock were served up by the Gwich'in Tribal Council on Dec. 2 to celebrate the Yukon Supreme Court's decision to overturn the Yukon Government's plan to open 71 per cent of the Peel Watershed to development.

The Gwich'in Tribal Council celebrated the Yukon Supreme Court decision to reject the territorial government's land management plan for the Peel River Watershed on Dec. 2. - Elaine Anselmi/NNSL photo

Tribal council vice-president Norman Snowshoe said there was more to the ruling than conservation, it could set the stage for land-use dealings between government and First Nations in the future.

The controversial case involved the Peel River Watershed, for which the Yukon government approved a plan that the court deemed violated land claim agreements and rules of meaningful consultation.

The case was launched by the First Nation of Na-Cho Nyak Dun, the Tr'ondëk Hwechin - both having traditional territory in the watershed - as well as the Canadian Parks and Wilderness Society, Yukon Chapter and the Yukon Conservation Society.

"Today's decision truly affirms that the First Nations have to be involved in every land use management regime," said Snowshoe. "(The First Nations) took a step forward and sent a message to government that we are stewards of the land and we assume that responsibility under our land claim agreement, and it was recognized today that we have to be involved in all land use regimes in the North."

Throughout the evening, various congratulations were passed on to Snowshoe over the historic case, that he said has not only been a focus for the council, but for all Gwich'in people.

"The Gwich'in have used that area for centuries for harvesting, they have also travelled through that area. When trapping was the industry of the North that area was a fine area for harvesting fur-bearing mammals, and also a very pristine area inhabited by a lot of species that the Gwich'in use for traditional food," said Snowshoe. "It's very important that we maintain the cultural ties to that area."

The tribal council supported the Recommended Land Use Plan for the Peel Watershed - drafted by the Peel Watershed Regional Planning Commission in consultation with First Nations and government - that outlined 80 per cent protection of the area. After receiving the final draft in 2011, the government announced various modifications to the plan, ultimately approving a land use plan in 2014 that shifted to 29 per cent protection of the watershed.

With a significant stake in the development of the region, the tribal council was granted intervener status in the case. If lost, Snowshoe said there would be long-term impacts on the region from fragmenting areas that were traditionally and continue to be used today by the destruction of natural habitats.

The tribal council's recently elected president, James A. Wilson, said the decision recognizes the significant stake First Nations have in the land and the need for their involvment in any decisions towards its development.

"I think a lot of it is maybe the lack of consultation," said Wilson. "We sign an agreement and before the ink is dry we're battling it out in court."

Through meaningful consultation, Wilson said knowledge of the region can be shared.

"There is a huge part of history up in that area that needs to be understood," said Wilson. "My grandfather comes from that area and so does every member of the Peel family.

"It's something that needs to be understood and I couldn't even tell you about it sitting here for a couple of hours."

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