Whitehorse Daily Star

It is the beginning of a new future'

Hundreds of people gathered Saturday in Whitehorse to witness and celebrate the formal signing of the land claim and self-government agreements for the Kwanlin Dun First Nation.

By Whitehorse Star on February 21, 2005

Hundreds of people gathered Saturday in Whitehorse to witness and celebrate the formal signing of the land claim and self-government agreements for the Kwanlin Dun First Nation.

It was called a first for Canada by federal Indian Affairs Minister Andy Scott, who attended.

But just as likely, it is the first for the world, suggested Ed Schultz, grand chief of the Council of Yukon First Nations.

To have a first nation of indigenous people with ownership of and control over significant parcels of land inside and outside a municipal boundary nonetheless a capital city is unique, they agreed.

'I thank all of you for coming today to celebrate a day what will be remembered by our people for generations to come,' Kwanlin Dun Chief Mike Smith said in his address to the audience assembled inside the Yukon College gymnasium.

'... I thank the people, the elders who have waited long for today, and I thank the Kwanlin Dun children and youth who share with us their hopes and dreams for the future.'

Achieving the agreements was a complex and challenging exercise. However, it has resulted in a first nation with self-governing authority and the unquestionable right to self-determination, said Smith.

They are agreements, he said, that create a level of government equal to all, a government that will be involved in the economic and social affairs within its traditional territory.

'Kwanlin Dun's voice on our traditional territory will be strong,' the chief promised.

'We have exceptional land planning powers in our agreement on and off our settlement lands that will give us a strong voice over future land use and development.'

The success of Kwanlin Dun in achieving the agreements was two-fold, said the chief. The first nation reached agreements that will lay the foundation for its membership for generations to come, and it achieved those agreements peacefully.

'Wherever they live, wherever they come from, all Kwanlin Dun people will be treated equally,' said the chief, whose address was adorned at the end by a standing ovation.

Scott told the audience the complexity of the agreements and the effort it has taken to reach final agreements must not be underestimated.

'As we sign these progressive agreements, we are cementing our joint commitment to a respectful and equitable relationship that will lead to mutually beneficial partnerships and enhanced economic opportunities,' Scott said.

Kwanlin Dun is the largest of the territory's 14 first nations. It became the 10th first nation to accept a land claim and self-government agreement when 53 per cent of its membership voted in favour of the proposals.

In addition to the self-governing authority which is now part of the Constitution of Canada, the land claim package involves ownership of land inside and outside the city, as well as millions of dollars in compensation and economic development initiatives.

Kwanlin Dun elder Johnnie Smith, a former chief, headed the procession of Kwanlin Dun drummers and dignitaries and formal witnesses into the gymnasium.

Singer Linda Harvey opened the ceremony with O Canada, sung first in Southern Tutchone, then in English.

In addition to speeches from Smith, Scott, Premier Dennis Fentie and Schultz, the audience heard from Rick O'Brien, the former Kwanlin Dun chief and now the Yukon's vice-chief to the Assembly of First Nations. Yukon MP Larry Bagnell also spoke.

'It has been a long road, but the journey has been worth it,' said O'Brien. 'The proof is in the agreements.'

The audience heard how it's taken 30 years to come to this day, since the all-encompassing land claim document Together Today for Our Children Tomorrow was delivered in 1973 to then-prime minister Pierre Trudeau.

'It is the beginning of a new future for those children that were so much on the minds of the delegation that went to Ottawa so long ago,' the Yukon's premier told the gathering.

'When we look back, it is fitting that we recognize and pay tribute to the courage and strength of generations of Kwanlin Dun people who have worked hard over so many years to make these agreements a reality.'

The premier said the agreements were testimony to the leadership and courage of not only the chief, but to all of the citizens of Kwanlin Dun.

'Congratulations!'

Both Fentie and the chief made a special point of thanking their negotiating teams for what they described as a very taxing job.

It was a task that required creativity, said Smith, who served as the first nation's chief land claim negotiator prior to becoming chief.

He also served as the chair of the Council for Yukon Indians predecessor to CYFN during the turbulent times of the late 1980s as the parties struggled to reach an agreement-in-principle, the foundation for advancing the claims process.

'It wasn't always obvious,' Smith joked of the creativity coming from the government's side of the negotiating table. 'But it was there.'

The deal includes ownership of 1,043 square kilometres comprised of:

ï 47 parcels of rural land selections accounting for 982 sq. km;

ï 121 site-specific parcels accounting for 10.4 sq. km. Site-specific parcels are smaller sections that recognize traditional sites like fish camps;

ï 101 parcels of community land within the city limits, accounting for 35 sq. km; and

ï three hectares of waterfront property, including a portion of the area formerly known as the Motorways yard.

Compensation payments to Kwanlin Dun will amount to $46.97 million over 15 years, though the first nation must also repay, over the same period, the $14.7 million advanced from Ottawa to negotiate the claim.

The first nation will also receive one-time payments from Ottawa of $6.4 million as interest on the compensation money. There will be a one-time payment from the federal government of $5.6 million to create an economic development fund, as well as a one-time payment of $3.1 million to buy out the tax-exempt status of Kwanlin Dun beneficiaries.

There will be a further $6 million as the compensation amount agreed to in the collateral agreement involving the alienation of the local reserve lands, and other matters related to the relocation of the first nation from the Marwell area to the McIntyre subdivision.

The federal minister reminded the audience that as of Saturday, the relationship between Ottawa and the Kwanlin Dun First Nation was entirely new. It is now a government-to-government partnership, he said.

Scott also took part Friday in the formal celebration of the 10th anniversary of the first four first nations whose agreements came into effect on Feb. 14, 1995.

Of the four remaining first nations without agreements, the Carcross-Tagish First Nation voted last spring to reject the agreements. However, earlier this month, it approved through a referendum a second vote on the self-government and land claim proposals.

The White River First Nation is preparing for its vote. Negotiations to reach final agreements with the two Kaska first nations, the Ross River Dena Council and the Liard First Nation of the Watson Lake area, broke off three years ago. None of the parties has been back to the table since.

The agreements, said Smith, are a symbol of friendship and a promise to work together.

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