Council no threat to first nation government
CARCROSS A local advisory council (LAC) in Carcross would not undermine the authority of first nation self-government or affect land claim agreements, say government officials.
CARCROSS A local advisory council (LAC) in Carcross would not undermine the authority of first nation self-government or affect land claim agreements, say government officials.
At a public meeting of the Carcross LAC steering committee Wednesday evening, members of both the Carcross-Tagish First Nation and the public at large heard from Lesley McCullough, the Land Claims Secretariat director of policy and mandate, that an LAC would not impact recently-signed first nation agreements.
'The land claims agreement on community planning will give rise to zoning and planning control,' McCullough said.
'It's a land use planning and zoning body; but it wouldn't create the voice you're talking about (in LACs).
'It's a different type of scope. An LAC wouldn't be doing land use planning; that would be done by the land use planning committee,' she said.
The LAC committee was formed recently. It's looking to create a community advisory committee following the dissolution of the Carcross Area Advisory and Planning Committee (CAAPC) last week.
On May 8, members of the now-defunct CAAPC stated they favoured changing the grassroots advisory committee to an LAC, recognized through a cabinet order, because the original advisory committee has been unable to function in its current form.
CAAPC was an ad-hoc committee funded by the Yukon government. It consisted of three members appointed by the Carcross-Tagish First Nation and three members elected from the community.
The reason CAAPC was unable to function, former elected members stated in their resignation letter, was because appointed members rarely showed up for meetings, meaning the organization did not have the authority to conduct its business.
In an April 19 letter, Mark Wedge, the chief of the Carcross-Tagish First Nation, said his government could not support the formation of an LAC at this time.
'On behalf of the (first nation), I am providing you with official notice that under the Carcross-Tagish First Nation Final and Self-government Agreements with Canada and Yukon, a process for community planning must be implemented,' Wedge's letter states.
'If the LAC proceeds, the Carcross-Tagish First Nation will have to consider removing our first nation land selections from the community planning zones.
'The land use team is currently reviewing the timelines for the Carcross community plans and look forward to working with the community.'
According to the Carcross-Tagish First Nation Self-government Agreement, zoning and land planning in the Carcross area, including community boundaries, will be agreed upon by a land use committee consisting of members from the first nation and the Yukon government.
'Two planning committees, one for Carcross and one for Tagish, shall be established within 14 months of (last fall's signing date) to direct the preparation of local area plans.'
The objectives of the land planning committee, the self-government agreement states, include:
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achieving safe, healthy and orderly development and patterns of human activity within the plan area;
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considering the use and development of land and other resources in adjacent areas; and
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determining a process for subsequent review or amendment of the local area plans.
'In preparing the plans, the planning committees shall establish public consultation processes which provide the opportunity for members of the public to express their ideas, concerns and views related to the local area plans.'
According to information published by the Yukon Department of Community Services, an LAC acts as an advisory committee providing community input to the minister.
Duties of the LAC include (advising) the minister on:
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what works or services are required within the local advisory area and how these should be supplied;
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the regulations deemed desirable for the benefit of the residents; and
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any other matters of community concern.
On Wednesday, department spokesperson Michael Hale said an LAC is just an advisory committee and that the formation of an advisory council would not affect self-government and land claim agreements.
'LACs don't do land use planning or zoning; the authority for zoning and planning rests with the Carcross-Tagish First Nation and the Yukon government.
'It's very important to know that an LAC will in no way affect land claims,' he said.
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