Whitehorse Daily Star

Measure not intended to be controversial: chief

The Kaska Nation has declared it will create its own law to govern development within its traditional territory, Kaska leaders announced Tuesday.

By Chuck Tobin on January 28, 2015

The Kaska Nation has declared it will create its own law to govern development within its traditional territory, Kaska leaders announced Tuesday.

Chief Brian Ladue of the Ross River Dena Council said in an interview this morning the move is receiving support from the mining industry, and in fact, industry is already offering to help develop the resource law.

The Kaska resource law, as it’s being described, is not meant to replace existing laws or requirements such as the environmental review process or requirements by the Yukon Water Board, Ladue said from the Mineral Exploration Roundup in Vancouver.

It’s not, he emphasized, meant to be controversial.

He said it’s a method for companies to check with the Kaska first to see where development can occur, before they spend a lot of money in areas where the Kaska do not want development.

“We are saying there are areas in our traditional territory that are too culturally sensitive to allow for commercial development and we are creating a method for a company to find out right up front,” the chief said.

The Kaska, the chief added, support economic development opportunities if they are done responsibly and provide benefits to the Kaska people.

Ladue said all the mining companies working in the Ross River area that he’s spoken with are in full support of the initiative.

“I’m getting emails and texts from these guys, I’m sitting down face to face with them, and they fully support our approach,” Ladue said.

“Industry is behind us and is offering to work with us to build our resource law.

“It makes sense to have industry involved in the process, and I am saying ‘yea.’”

Ladue and other Kaska leaders are in Vancouver for this week’s exploration roundup, and are meeting with industry representatives.

The traditional Kaska territory covers a large area in southeast Yukon, northwest British Columbia and a section of the Northwest Territories.

Three of 14 Yukon First Nations are without aboriginal land claims, including the Ross River Dena Council and the Liard First Nation.

The courts, however, have said the Kaska must be consulted before development is permitted to proceed in their traditional territory, the First Nation leaders insisted Tuesday in their press release.

The Kaska leaders released their declaration explaining their intent to have the resource law ready for review and approval at a Kaska general assembly this summer.

Ladue said the six-month time frame is doable because much of the resource work has been compiled through the years and the individual First Nations have the expertise to bring the material together to develop a comprehensive law.

This is not meant to be controversial, but complementary to the laws and regulations in place, he reiterated.

The chief said the Kaska do not need and are not looking for approval of their initiative from the territorial and provincial governments.

In a decision just over a year ago, the three judges of the Yukon Court of Appeal ruled the Ross River Dena Council must be consulted before any staking of mineral claims is permitted inside the Ross River area.

The Yukon government subsequently froze all mineral staking in the area, with the hopes of negotiating a land use plan with Ross River to identify areas where mineral exploration would be permitted.

The moratorium on staking will expire Saturday, though the government has already extended it a couple of times.

“While we are working on the development of the law and regulations, we will continue to expect all resource developers to enter agreements with Kaska to provide employment, training and business opportunities and to ensure Kaska will benefit from these projects while protecting our lands and culture,” Chief Daniel Morris of Liard First Nation said in Tuesday’s press release.

Kaska Nation Declaration:

Whereas the Kaska Nation has unextinguished and unceded rights, title and interests in its Traditional Lands;

And Whereas the Kaska Nation has a sacred trust to protect its Traditional Lands for the use and benefit of future generations;

And Whereas the Kaska Nation has an Inherent Right to govern its Traditional Lands and Kaska communities;

Now therefore the Kaska Nation hereby declares its intention to develop and implement a Kaska Nation Resource Law to oversee access to, and developments in, its Traditional Lands.

Comments (8)

Up 7 Down 0

Groucho d'North on Feb 1, 2015 at 10:28 am

This too shall pass...like a kidney stone.

Up 47 Down 9

mike madder on Jan 29, 2015 at 7:24 am

Funny how the Kaska Nation has only identified Brian Ladue as a Kaska leader and left out convicted sex offender Chief Daniel Morris who was guilty of beating and sexually assaulting his present wife and stole hundreds of thousands of dollars during his last tenure as chief. They also fail to present the fact that millions of dollars of royalties paid out by wolverine mine are missing and that between the "Kaska Leaders" nobody has come to a resolution on how to resolve the matter of paying off their creditors so bravo on creating a new law but who in their right mind would obey it when the leaders excluding Mr. Ladue has broken our laws of Canada and done nothing but blame residential schools and previous leaders. With clearly no remorse or intention of repaying it's victims like the creditors who trusted you to, and your own people.

Up 24 Down 7

June Jackson on Jan 28, 2015 at 9:56 pm

To Hmmmmmm: User fees? and who do you think is going to pay "user" fee's? the multitudes on welfare? The politicians? FN Health is covered in the UFA, so they won't be paying 'user' fee's. The people that will pay are the same ones paying for everything now.. if you have a job.. you are going to pay. Did you think the people on here griping about high property taxes, high rents, excessive fee's are griping for the hell of it? I have been here 51 years...I would like to finish my life here.. People want to raise their families here, yet.. the cost of living makes that prohibitive to many. A person can only work so many jobs.

We get a tax break for living in Zone A.. a stipend at tax time for occupying the land so Sweden, or the US or any other Northern country eyeing our shore can't say it is abandoned.

I hope you were being facetious with your comment, otherwise its the dumbest thing I ever read for 200K sq. miles with less than 25K taxpaying adults occupying it.

Up 21 Down 8

Oldtimer on Jan 28, 2015 at 8:02 pm

Are you kidding me "just my thoughts". As soon as there is any amount of money around the vultures will be there to scrape up all the crumbs. Just like in the past and it will continue in the future. It seems as though they never learn. I think I'm going to sit down and compose my own set of laws.

Up 12 Down 7

ProScience Greenie on Jan 28, 2015 at 5:16 pm

Could be positive. Time will tell.

It sure would be nice if FN governments had an Official Opposition so those that did not vote for for chief and council would have a voice and all stakeholders would be more informed of what the citizens as a whole thought. The same would be good for municipal governments. Transparency and openness and all that.

Up 36 Down 30

Hmmm on Jan 28, 2015 at 4:58 pm

Time to consider user fees for hospitals, roads, tax based infrastructure, stop transfer payments....

Up 37 Down 14

June Jackson on Jan 28, 2015 at 4:27 pm

They are certainly creating an environment where they can accept financial inducements to open certain, or lend their agreement to certain area's for mining.

I'm guessing "culturally sensitive" land can be bought for the right amount of money and God knows oil and gas have that kind of money. I guess it was coming down one path or another..I am sure the 'industry' can hardly wait to offer their 'expertise'.

Up 29 Down 13

just my thoughts. on Jan 28, 2015 at 3:38 pm

I love it. Can't say as I blame them.

I just hope that they have a good lawyer and ethical leaders to make sure the agreements they make provide adequate net benefit to their own people. And do not result in unfunded destruction and toxic clean ups as has been the case far too often with the Canadian tax payer picking up the clean up tab after mining work.

Good luck with this. Sometimes you have to just strike out on your own to see what the law really is. Governments do not like giving up power. And sometimes they push it too far and people say, okay, I give up trying to deal with you. This seems to be the case with the Yukon Government and the Ross River Dene.

But I'm worried too, given some of the fiascos I see happening when a few people purport to represent their entire community. I hope there are good people, with only the well being of their land and people in mind, running the show in Ross River.

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