Whitehorse Daily Star

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PUBLIC ASSISTANCE CALLED FOR – Ron Brown of the Champagne and Aishihik First Nations, left, and Daryn Leas of the Council for Yukon First Nations host a press conference this morning. First Nations want all of the Yukon to unite in the fight against controversial amendments to the Yukon Environmental and Socio-economic Assessment Act.

First Nations escalate challenge of legislation

Yukon First Nations are asking all Yukoners to join them in the fight against a handful of proposed amendments to the territory’s environmental assessment process.

By Chuck Tobin on November 6, 2014

Yukon First Nations are asking all Yukoners to join them in the fight against a handful of proposed amendments to the territory’s environmental assessment process.

A public forum will be held from 7 to 9 p.m. next Thursday at the Kwanlin Dun Cultural Centre, First Nation representatives explained during an hour-long press conference this morning.

Roger Brown told reporters the government-to-government discussions that should be occurring over the amendments not agreed to by the Yukon First Nations are just not happening.

It’s important now to engage the entire Yukon so that parliamentarians in Ottawa will hear clearly the level of anxiety being raised, said Brown, the manager of environment and natural resources for the Champagne and Aishihik First Nations.

Brown emphasized this is not an issue just for First Nations, but for the whole territory.

“The amendments will put our environment, our economy and our Yukon at risk,” he insisted. “They will create uncertainty, and they will increase the likelihood of litigation.”

Brown said next week’s forum provides an opportunity for all Yukoners to share their views and emphasize their concerns.

The leadership of the Council for Yukon First Nations (CYFN) – the chiefs of the 11 self-governing First Nations – passed a resolution calling for a public lobby effort to help send the message to Canada’s capital.

A 12-page glossy brochure was released this morning outlining the specific issues related to a few of the 70-plus amendments, amendments the First Nations say they had no hand in crafting, but should have been involved.

The proposed amendments to the Yukon Environmental and Socio-economic Assessment Act, Bill S-6, have already received third and final approval by the Senate, and are now before the House of Commons for review.

Support for Bill S-6 has been expressed by industry in general, including local companies and industry organizations.

Daryn Leas, a lawyer for the CYFN, joined Brown in explaining the amendments of concern and how they were crafted by the federal government with no input from the First Nations.

A couple of the key concerns, as explained by Leas, provide the federal minister responsible for assessments with the authority to dictate policy direction to the assessment board.

It allows the federal minister to transfer that authority to the territorial minister responsible for assessments, so that the territorial minister could dictate assessment policy to the board, it was explained.

There is a grave concern over the proposed shift in timelines to shorten assessments, new timelines which even raised red flags with the assessment board and prompted the board to voice those concerns during the Senate hearings.

The CYFN lawyer said at this point there has been no decision to launch legal action, because until the amendments are passed into law, there is nothing to challenge.

There is no question the handful of amendments that were injected into Bill S-6 at the last minute by Ottawa break the spirit and intent of the territory’s aboriginal land claim agreements, under which the assessment process was created, Leas said.

He said he was at the table in 1998 when the foundation of the Yukon Environmental and Socio-economic Assessment Act was negotiated among Ottawa, the Yukon government and the First Nations.

The First Nations went to great lengths to make sure the assessment process would not be under the control or influence of any of the three levels of governments, that it would enjoy and maintain independence, he explained.

Leas said the amendments of concern represent a significant departure from what was agreed to.

Any changes to land claims agreements can only occur with the approval of all three parties, Leas acknowledged.

He said Bill S-6 may run afoul of that guarantee that there will be no changes without consensus.

“Our concern, quite frankly, is to make sure the environmental review process maintains its integrity,” Leas said.

“In our view, there is a federal agenda to streamline the environmental process in Canada.”

Leas said it runs along the same vein as Ottawa’s amendments to the federal Fisheries Act, the Species at Risk Act and the Canadian Environmental Assessment Act.

Brown said the threat of legal action does not rest with First Nations alone.

Non-government organizations or even individuals who feel an assessment process has been subject to political interference or inadequate for reasons of hasty timelines will be in a position to launch legal action, he said.

Brown said there is nothing more than the threat of legal action, uncertainty in the assessment and regulatory process, that sends a chill down the spine of industry, a chill that spills into the economy.

Since coming into effect in 2005, the assessment process has worked fine, and should left alone other than the 70 amendments all parties agreed to during the five-year review, Brown and Leas insisted.

The two noted they have requested that once Bill S-6 passes second reading and goes before the parliamentary committee for detailed review, that the parliamentary committee hold hearings in Whitehorse.

But they haven’t heard anything.

Comments (8)

Up 102 Down 90

Anti Development on Nov 9, 2014 at 2:17 pm

Why are you doing about environmental disaster taking place in Haines Junction with the trees dying? Why are you having YTG doing another $780, 000 study of the forest industry in the Haines Junction when the information is available? Why is there not a fast tracked development plan so the millions of dollars of wood can be salvaged/recycled and 100's of job created in utilizing the dying wood? New Chief of CAFN you are an experienced Economic Development person, give direction so your people can take advantage of the business opportunity. Don't let administration tell you there is no opportunity. I think the Chinese would come up with a use for the dying wood! There is 30 or more CM's of wood that is going to waste. This disaster is an opportunity for the beginning of a forest industry in the Yukon. So environment disaster is going to affect big game population in Haines Junction area for the next forty years. A lot less moose especially. CAFN has the opportunity in front of them and they have the power to make something happen. If you need help I know some one who can help you.

Up 114 Down 96

Yukoner on Nov 8, 2014 at 9:16 am

I'm all for a streamlining process so that it is fair and efficient. I'm sure we have all been frustrated by government process at one time or another.
However, YESAB was the outcome of the last streamlining process. Sometimes, one particular aspect of a review is dependent on the outcome of another part of the review process, so you just can't shortcut that portion.
When we hear our premier and others tell us that the proposed changes will be good for our economy, it makes me grit my teeth. This process was not implemented to be good for the economy. If we wanted a review process that was good for the economy, we wouldn't have one. This process is to ensure the least amount of negative impact, and to ensure that there is a remediation plan in place with the funds required. It is for the environment. And all one needs to do is look at Faro or Mt Nansen to see that it is absolutely essential.

Up 117 Down 98

Jack Malone on Nov 7, 2014 at 9:45 am

@ Jon. The concerns of Yukon First Nations and others about Bill S-6 are not simply "partisan". People are trying to dismiss those concerns as NDP rhetoric. If you don't support an independent YESAA process to undertake environmental reviews, then I guess you agree with the "professional environmental consulting industry." Since the "professional environmental consulting industry" works primarily for proponents, it is clear who butters their bread. Personally I have deep concerns that YTG wants the power to direct or manipulate the YESAA process - this is scary when YTG wants tracking, wants development in the Peel, etc. I don't have a lot of faith in YTG and particularly not in Pasloski's government.

Up 100 Down 107

Proscience Greenie on Nov 7, 2014 at 8:56 am

Streamlining does not necessarily mean a loss of integrity.

Up 118 Down 97

BnR on Nov 6, 2014 at 6:41 pm

Jon, won't really change? How so? The feds can dictate process and outcome under the proposed bill, so much for devolution.
What I find really disturbing is that the chair of the senate committee who recommended this legislation change, our senator Dan Lang, his brother Archie is now on the board of directors for Western Copper, who would stand to benefit from these changes.

Up 108 Down 112

Dallas Schaber on Nov 6, 2014 at 6:19 pm

Why is it when some of the locals don't get their way they always sue. Beginning to think that if they judge against it's gonna be a long drawn out court battle, sorta like children having a temper tantrum

Up 131 Down 126

Jon on Nov 6, 2014 at 4:29 pm

Consensus in the professional environmental consulting industry is that Bill S-6 is technically fine and won't really change or effect how things are done. This issue is all about partisanship. In other words, don't just jump on the band wagon to slam the bill thinking you're protecting the environment. This has ZERO to do with the environmental protection/assessment and everything to do with ego's and showing respect. Just calling it as I see it.

Up 127 Down 113

Hold er there Partner on Nov 6, 2014 at 3:58 pm

Someone should be charged for trying to enter subversive legislation to short circuit YESAA without the proper authority. We really need an elected Senate if they are changing rules concerning our Environment and how it is treated so it cannot be pillaged and plundered by some heroes after a quick buck.

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