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Alfred Chief

Agreement is unauthorized and upsetting: elder

Kaska elder Alfred Chief says Kaska leaders who signed a deal with Premier Darrell Pasloski had no right to do so.

By Chuck Tobin on February 4, 2016

Kaska elder Alfred Chief says Kaska leaders who signed a deal with Premier Darrell Pasloski had no right to do so.

Chief says a local group – Kaska Concerned About Land Protection and Good Government – is preparing a response to the framework agreement.

The deal was announced with fanfare last week in Vancouver during the annual Mineral Exploration Roundup.

The Watson Lake group sent out a press release Wednesday citing its concerns with quotes from Chief and three other members of the Liard First Nation, including elder Rose Ceaser and George Morgan.

The group insists agreements with such large implications for aboriginal rights and title require the approval of the general membership, not just a few.

“If Kaska leaders want to make deals concerning Kaska title, it has to be done in a good way,” Chief said in Wednesday’s statement.

“There has to be a high threshold of agreement on the part of the membership, including first obtaining the consent of members to enter into negotiations in the first place.”

Chief said in an interview this morning the Kaska Concerned group is preparing a response to the agreement announced last week, though he declined to discuss the details.

In addition to the concern over the impact on the Kaskas’ aboriginal title, there’s concern there’s nothing in place to ensure transparency and accountability in spending the $3-million-plus in funding the Yukon is providing to the Kaska under the agreement, Chief said.

“With no audit, and no transparency, how can we be sure the money will flow to us?” he asked.

“There is a lot of people upset, right from Ross River to here, especially elders.”

Under the framework agreement, the Yukon government will provide the funding to ensure the Kaska have the financial resources over the next 14 months to participate in discussions regarding management of land and resources in southeast Yukon and northern B.C.

The agreement was signed by Pasloski, Chief Jack Caesar of the Ross River Dena Council, Chief Daniel Morris of the Liard First Nation and George Miller, chairperson of the Kaska Dena Council of Lower Post, B.C.

There is $500,000 specifically earmarked for the Liard First Nation for community wellness and capacity development, but nobody knows what that means, and there’s nothing setting out how the money is to be spent, and by whom, Chief pointed out.

Morgan said in an interview this morning it’s clear in law that when it comes to First Nations negotiating aboriginal rights and title to lands and resources, decisions cannot be made by a few representatives of chief and council.

There must be widespread consultation and agreement among the First Nation membership as a whole, he said.

Morgan said when dealing with matters affecting aboriginal title, the chief and council has a legal responsibility to obtain informed consent from the membership.

And aboriginal title includes not only the land, but the resources on the land, he said.

He cited last year’s Supreme Court of Canada landmark decision in the case of the Tsilhqotin First Nation of B.C.

Morgan said the framework agreement signed by Pasloski and three Kaska leaders is all about negotiating arrangements which directly affect the land and resources, and which directly affect the Kaskas’ aboriginal rights and title.

“While we can appreciate the need to show movement on this file for all Yukoners, from our perspective, negotiations involving aboriginal title must be done according to the highest standards of honour and care,” Morgan said in Wednesday’s press release.

“Deals involving Kaska title conducted without community knowledge or consent are a concern for the members who are the real titleholders.”

Comments (9)

Up 5 Down 7

celtic apache on Feb 9, 2016 at 6:25 pm

The Elder has got it right!
"This is good for all Yukoners." Well it's not good for me! So right there that statement is wrong. We don't need more oil and gas, there's plenty out there. We don't have to wreck the land for a few greedy people who don't believe in the Spirit of the Land. Keep Yukon clean and free of pollution. Stand behind traditional
values. The pollution clean up will cost 1000 times more than any money made going into the pockets of a few.
On my last take I thought the Pope declared pollution of the land a sin. Where is the Church on this issue? This should be a rallying point for all traditional Elders and believers in the Sacredness of Earth all over Yukon and beyond into the whole world, to focus on this double dealing by Govt and unauthorized leaders. Rise up Elders, the spirits are with you.

Up 57 Down 7

yukon56 on Feb 9, 2016 at 12:50 pm

What a crock!!! This means ONE person can scuttle any deal. What does it have to be, 100% agreement? Will never happen

Up 14 Down 2

Groucho d'North on Feb 8, 2016 at 5:54 pm

I am reminded of an old politically incorrect phase that begins: Too many chiefs…
It would appear that some work is needed on how representative government will work for the Kaska, and that is not a bad thing. As there is demonstrated proof that the community is interested and involved in how they move into the future. I suspect time tables will need to be considered for how agreements such as this one will be conducted in the future and who has the duty to consult.
If self-government was easy, it would have been done by now.

Up 17 Down 69

Really on Feb 8, 2016 at 9:01 am

Why is it when there is an article about First Nations people many of the posts by readers refers to them as "you people", or "you people" and suggests untruths like "don't pay taxes", or "have special rights". If you were to refer to other groups like that it would be called an outrage. FYI- Natives pay TAXES, and always have one way or another, the taxes applied are further compounded by others including governments stealing "those peoples" natural resources. And for costly land claim negotiations, - Canada and Canadians continue to spend horrendous amounts of time, money and resources in legislatures all across this country, further aggravated by the shortcomings of confederation, which by the way, is what land claims talks are all about, "those people" opting into Canadian confederation. It's only my opinion, but if some "People" don't like it here, go home where you still have "those people" over the proverbial barrel.

Up 64 Down 21

jc on Feb 5, 2016 at 6:01 pm

Never satisfied, nor ever will be. Let me ask these people, would you be in favour of land claims talks without tax payers footing the financial bill? Do you think your high paid lawyers would agree to it? Why can't you people just meet in your homes and discuss it until you have a settlement, even if it takes another dozen generations? The taxpayers have shelled out enough.

Up 64 Down 25

Wait a minute... on Feb 5, 2016 at 1:23 pm

It seems to me that the people have already had their say - essentially by electing the leaders that made the decision. If they don't like it, that's between them and their leaders. I don't like taxes... and a lot of other things elected governments have put in place in my lifetime, but I have had my say- with my vote.

It's a little late now for Kaska people to start giving the Kaska leaders their marching orders - the deal was made in good faith and taxpayers had better not be on the hook for another costly never ending land claims debacle.

Up 34 Down 70

ralpH on Feb 5, 2016 at 10:33 am

I think the Premier is dealing with a First Nation that is not really organized to handle this issue in a responsible manner and to gain brownie points in an election year. Kudo's to George, Rose, and Alfred for Smoking this out and showing it for what it is.

Up 31 Down 68

Really on Feb 5, 2016 at 8:58 am

You know you are in really bad trouble if your Elders are compelled to shout their displeasure through the media. Any major economic deals in this modern era must adhere to statutory and moral consultations with local populations. This holds true for all communities, native and non-native alike. The days of big government and industry doing what ever they please are forever over, and the sooner big governments and industry understand that, the better off everyone will be. We all have a stake in our natural resources and all need to benefit and understand the costs, whether financial or otherwise. The Paz and Kaska leadership should have known better. Give the people their say and get on with working in this millennium.

Up 32 Down 83

Jean Johnsen on Feb 4, 2016 at 6:34 pm

I do not believe that any agreement about Kaska Lands and Kaska resources can be legal without the majority of members in agreement on it. A few people do NOT have that legal right in my opinion.
Further, any benefits from our lands and resources should be given directly to each and every member.
I was part of the beginning of CYFN and there were many reasons why the Kaska people did not sign land claims at that time. We did not fight to keep our land for a shameful act such as this.
I fear that if this issue is not consulted properly there could be much unrest and many problems in the future, not only for our people, but for the govt and the mining companies.

Jean Johnsen
Elder
Liard First Nation

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