Harold Gatensby, a citizen of the Carcross-Tagish First Nation, has filed an appeal regarding the first nation's recent land claim ratification vote.

Gatensby is arguing the vote results might not actually represent an approval of the land claim ratification.

The results from the vote were never published in a way that complied with the 'vast majority' of the requirements set out under the rules and procedures for land claim ratification in Canada, Andre Roothman, Gatensby's lawyer, said in an interview on Tuesday.

'I think it would have been a no vote again,' Gatensby told the Star in an interview this week.

After a no vote against the land claim in 2004, there was a referendum calling for a second vote which would require 50 per cent plus one support of all eligible voters and 60 per cent support of all first nation members who cast ballots.

Following the second vote on May 29, Chief Mark Wedge told the Star that approximately 53 per cent of all eligible voters had agreed to the package and 65 per cent of the ballots cast were in favour.

Seventy-three per cent of all Carcross-Tagish First Nations, both inside and outside of the Yukon, had cast ballots; 87 per cent of members living in the traditional territory cast ballots.

However, the results were never broken down according to polling stations, said Gatensby. He added he can't figure out what equations were used to get the numbers needed to have results indicating a yes vote for the ratification.

'It is not clear how the percentage was calculated,' said Roothman.

Part of the purpose of the appeal is to get a better understanding of the exact results of the vote and how the ballots were tallied, he added.

'When we deal with land claims and land claim certification, everything should be done so nothing is suspect,' said Roothman.

The process on this particular land claim currently leaves unanswered questions, he added.

He said it's his understanding that the 50 per cent plus one requirement was only met by a very narrow margin and if it is found that some votes or people were not properly counted, the results could be inaccurate.

Going into the vote, Gatensby said his understanding was that if citizens choose not to vote, they would be counted as a no vote.

The admendment that changed that was made quietly, he said, and as a result, Gatensby suspects approximately 130 people were left out of the voting process.

Gatensby purposely chose not to vote as a statement of his dissent with the land claim ratification; however, he thought not going to the polls meant he would still be counted as a no.

'I feel excluded,' he said.

If 130 were left out of the tally due to a similar situation, he said, there is likely not the certainty needed to ratify the land claim.

Gatensby is a longtime activist in his community who has been involved with land claims for almost 20 years. He is asking for an education workshop and public forum to look at the land claims ratification process as well as a thorough and accurate explanation of the meaning of 'certainty'.

He is also concerned that approximately half of all Carcross-Tagish First Nations members live outside of their traditional territory, yet if 130 first nations still living in the area have been left out of the process, it's now people living on the outside who have influenced its governance.

'They have taken over direction for our future,' said Gatensby. 'We lost control.'

Gatensby said he isn't against the land claim ratification process in general, but he believes there are other issues that need to be dealt with first, to enjoy a healthy community where there is an equal basis and partnerships.

'It's not to say, No, we're not going to negotiate with the government,'' he said.

There has been a positive response from the community regarding the appeal, he added, though he admitted people are divided on the issue.

Under the proposed land claim agreement, the first nation would receive $23.74 million over 15 years, less a repayment of a $14-million advance given to the first nation to finance negotiations. The loan amount also included $1.7 million to finance the monthly benefit payments for elders.

The agreement also calls for a $5.3-million payment to cover interest on the compensation amount from 1997, a $5.6-million economic development fund and several million dollars in annual and one-time payments to cover other programs and services.

The Carcross-Tagish First Nation will have surface and subsurface title to 1,036 square kilometres and surface-title only to 525.5 sq. km.

The agreement also provides title to smaller site-specific locations in recognition of traditional hunting and fishing camps. Provisions include the establishment of four special management areas.

Roothman said after the appeal has been reviewed by the Carcross-Tagish ratification committee, there is the possibility the issue may proceed to the court system.