First nation opposes agricultural lease
The Little Salmon/Carmacks First Nation is seeking a court injunction against the Yukon government's decision to issue an agricultural lease near McGregor Creek.
The Little Salmon/Carmacks First Nation is seeking a court injunction against the Yukon government's decision to issue an agricultural lease near McGregor Creek.
The first nation claims the government failed to live up to its duty to consult on matters that would affect the traditional territory of the Northern Tutchone.
The government ignored concerns raised by its own staff from the Department of Environment, and has not recognized related impacts on wildlife, the first nation contends in documents filed Tuesday with the Yukon Supreme Court.
Little Salmon-Carmacks maintains the government ignored the recommendations of the Yukon Fish and Wildlife Management Board to develop a Yukon River management plan before issuing any agriculture lease next to the river.
The first nation is asking for an injunction to halt the process of granting the agricultural lease, and eventually a court order quashing the lease application altogether.
The decision by the Department of Energy, Mines and Resources to issue the 65-hectare lease to Larry Paulson was made back in 2004. The court documents note Paulson is currently having the required survey completed.
Cabinet spokesman Peter Carr said the government will not be commenting on the legal action, as it is now a matter before the courts.
The first nation argues the decision to grant the lease goes against a five-year wildlife and habitat management plan developed by the Department of Environment, the Carmacks Renewable Resource Council and the first nation.
The management plan identifies the area in question as one that should be protected for its wildlife and habitat values, including Yukon River salmon habitat.
An agricultural lease would disrupt an existing trapline concession, and would also diminish the natural environment that runs through the area in question and two adjacent blocks of settlement land.
The court documents state that while the first nation did not attend the application review by the former Land Advisory Review Committee, it did make its opposition to the application known to the Yukon government.
And it did file an appeal of the LARC decision, though the government ruled it would not accept the appeal because the first nation did not have intervenor status.
In addition to an order quashing the lease application, the first nation is also seeking the cost of the court action.
The Yukon government is facing a similar challenge by the Ta'an Kwach'an Council.
The Ta'an, the Lake Laberge Renewable Resource Council as well as other organizations and individuals, have registered staunch opposition to the decision by the Yukon government to issue another agricultural lease next to Shallow Bay.
The area around the bay, situated at the south end of Lake Laberge, is described as having significant cultural roots for the Ta'an.
The bay itself is described as world-class waterfowl habitat that would be threatened by increasing agricultural activity in the area.
That matter is still before the Yukon Supreme Court, and a temporary injunction has been issued to halt the application while the matter is being sorted out.
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