Whitehorse Daily Star

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Photo by Vince Fedoroff

LEVITY IN THE ATRIUM – Premier Sandy Silver (centre, light-coloured shirt) has some fun with Kwanlin Dün First Nation Chief Doris Bill (seated) before a photo opportunity Wednesday in the atrium of the law centre. It was the scene for the announcement of the Kwanlin Dün Historic Land Agreement. Inset: DAN CABLE

KDFN settlement land leased to private sector

A piece of settlement land belonging to the Kwanlin Dün First Nation is being formally leased to the private sector under rules protected by the Yukon’s land titles office.

By Whitehorse Star on November 29, 2018

A piece of settlement land belonging to the Kwanlin Dün First Nation is being formally leased to the private sector under rules protected by the Yukon’s land titles office.

It’s the first such arrangement by any of the 11 Yukon First Nations with land claim agreements.

Kwanlin Dün Chief Doris Bill described the agreement Wednesday as historic.

She said it’s the first of what they expect to be many as the First Nation moves forward with a plan for a 40-lot business park on its settlement land in the Marwell industrial area.

“Today, we are happy to announce that the Kwanlin Dün First Nation, working closely with the Yukon government, has received the first certificate of title for category A settlement land from the Yukon land titles office,” Bill told a large audience at yesterday’s announcement.

“It means that together with our partners, we have designed a proven framework that enables select parcels of Kwanlin Dün settlement land to go to the market for both commercial and residential use.”

Bill was joined for the announcement by Premier Sandy Silver, with other dignitaries in the audience in the atrium of the law centre.

They included Grand Chief Peter Johnston of the Council of Yukon First Nations, Justice Minister Tracy-Anne McPhee, former Kwanlin Dün chief Rick O’Brien and Mayor Dan Curtis.

Under the Yukon land claim agreements, First Nations are not allowed to sell or give away their settlement lands. They are permitted to lease them for commercial and residential purposes.

The arrangement described by the chief provides the banks and other lending institutions with the certainty they require to lend money for housing mortgages or business proposals without having any land to repossess as security.

Bill noted the arrangement required the approval of the federal cabinet, the territorial cabinet and the chief and council.

Bill paid thanks to many individuals in her address but also expressed her gratitude to her staff in general, federal government staff and territorial staff, particularly George Asquith and his team at the land titles office.

The arrangement, she said, unlocks some of the economic potential in the Kwanlin Dün settlement lands.

“Over the past few years, we have been meeting with banks to educate them about our agreements and discuss possibilities,” the chief said. “We are pleased with the outcome of those discussions.

“We want to give individuals, businesses and financial institutions the highest level of certainty when dealing with Kwanlin Dün land. We opted to pursue registering land in the Yukon land title office because it is a tried, tested and trusted institution.”

Silver called it a historic step. The arrangement provides the First Nation with the tools required to manage its settlement land in a way to maximize the benefits for its citizens, he said.

“This is absolutely and truly an historic day,” the premier said.

Bill said the next step this winter involves consulting with Kwanlin Dün members to see how they want to go forward with their settlement lands inside city limits.

The First Nation, she pointed out, is currently building a four-plex residential development at 606 Jarvis St. that is scheduled to be complete in the spring of 2019.

The chief explained it will be up to the citizens to determine if the four-plex is to be held for use by Kwanlin Dün members or made available to the private real estate market.

Citizens will be consulted on the plans for the business park the First Nation is planning for the Marwell area, she explained.

Bill said the First Nation’s Chu Nííkwän Development Corp. is currently creating residential and commercial options to be considered by the membership for the Whitehorse land market.

Kwanlin Dün – the largest private land owner in the city – has 24 square kilometres of settlement land inside city limits.

“Settlement land is a key to Kwanlin Dün’s long-term economic prosperity,” Bill told the audience. “It’s a renewable revenue source.

“Going forward, we have the opportunity to develop key areas in the city, provide options, and relieve pressure in the current housing market.”

In addition to revenue from the land lease, 95 per cent of personal income tax paid by anyone living on residential land owned by Kwanlin Dün will go directly back to Kwanlin Dün. All 11 land claim agreements contain the same provision.

Dan Cable of the Yukon’s Department of Justice said this morning the government has been in discussions with several other First Nations regarding the opportunity to use the land titles office as a vehicle to make settlement land available.

He said First Nations have the authority to develop their own land registry but they also have the option of using the Yukon’s.

The territory’s Land Titles Act was replaced in 2015 in concert with the discussions the government was having with Kwanlin Dün about using the Yukon’s land titles office to register its land, Cable pointed out.

Bill told the audience Wednesday that arriving at the agreement to use the Yukon’s land registry has been a long and complicated process, requiring the guidance of many lawyers.

“Long-term, this has potential to make a positive impact in the territory,” the chief said.

“I’d like to take this opportunity to first and foremost thank our citizens and staff for sticking with us through the process. It’s been a long road, and we could not have got here without you.”

Comments (36)

Up 0 Down 0

My Opinion on Oct 22, 2020 at 8:17 pm

From Star article

"In addition to revenue from the land lease, 95 per cent of personal income tax paid by anyone living on residential land owned by Kwanlin Dün will go directly back to Kwanlin Dün. All 11 land claim agreements contain the same provision."

"Dan Cable of the Yukon’s Department of Justice said this morning the government has been in discussions with several other First Nations regarding the opportunity to use the land titles office as a vehicle to make settlement land available."

To read the whole story from the WH Star Nov 29 2018
Also read the Yukon Land Claims document online.

Up 4 Down 1

uh facts on Dec 6, 2018 at 5:23 pm

In addition to revenue from the land lease, 95 per cent of personal income tax paid by anyone living on residential land owned by Kwanlin Dün will go directly back to Kwanlin Dün. All 11 land claim agreements contain the same provision.

They take from revenue. If you have a business you'll have to pay a portion of the revenue. Marwell is specifically mentioned.
That's called income tax.

95% of a profitable business, while the City has locked marijuana into Marwell. The City is forcing people to work with natives if you want to get into the MJ market. Meanwhile, plenty of ample spaces in downtown Whitehorse are left shuttered.
You can see who is getting well fed, look at the belts.

Up 3 Down 4

Settle down and learn some facts on Dec 5, 2018 at 7:03 pm

Okay, please enough with the informed comments. KDFN will receive 95 percent of the income tax for RESIDENTS living on KDFN settlement lands IF they agree on their tax returns. KDFN will not receive corporate taxes or other taxes relating to businesses operating on KDFN settlement land. KDFN is not entitled to a share of the profits of a business operating on KDFN settlement land. A person could buy a renewable leasehold interest (not ownership) on KDFN settlement land and sell it to another person. Leasehold interests are on other FN lands in Canada and on Crown lands (ie. cabins or fishing lodges, etc.) but Canadians have been convinced that they need own land; unlike many European countries. Do you want land for a reasonable price for residential purposes or are you trying to play the real estate game; one day the big gains in the real estate market will stop and real estate will not be each person's largest investment (as it currently is for many). Too many people watching HGTV and trying to flip properties for profit. Like it is stated below, a leasehold interest on KDFN settlement lands is not for everyone - some will continue to gripe about the lack of land and pay tenfold for a small lot in Whistlebend.

Up 13 Down 2

Jim on Dec 5, 2018 at 1:03 pm

No argument on lease pro or con. If giving 95% of your personal income tax doesn’t set the warning bells off then I guess we’ve gone too far down the slippery slope. One commenter actually called it “shared tax revenue”. Until this, no matter how many properties you own or size or value, your personal income tax was based on your income. That’s why they call it “INCOME TAX”.

Up 15 Down 4

lmao - I'm going to guess on this one on Dec 5, 2018 at 11:52 am

Ready:
Marijuana is currently held for sale only in the Marwell area. There are huge tracts of land that are KDFN owned. SOOOO... the government can now lease those lands, construct buildings, and create a proper marijuana dispensary + warehousing + commercial space.

Soooo, KDFN takes profit from the sale of marijuana + gets the lease + YG pays for it all.

Because if you take a look at KDFN privately owned businesses there aren't that many. This is a simple scheme where an entrepreneur does the work for KDFN and they reap the rewards.

I have an idea, why not let only first nations people work and own businesses on first nation land?
No money in that pot

Up 27 Down 4

Van on Dec 4, 2018 at 3:18 pm

@ WT fuddle-duddle
Further, who plows the roads on leased land and provides things like garbage collection, sewer, water, streetlights and shallow utilities like power and telecom?

Sounds like a huge mess that will take decades to iron out.

Up 28 Down 6

WT fuddle-duddle on Dec 3, 2018 at 4:59 pm

My guess is they won't be encouraging people of limited financial means to settle on these lands. Their tax returns aren't big enough. And that's what it's all about. Not the monthly lease payments, but the big, fat income tax cheque coming straight to the Kwanlin Dunn coffers.

Someone explain the justification please, and how we are going to pay for our hospitals, fire department, roads, schools, police, social services, etc. That's what taxes are for, and I don't see anywhere that the band is going to supply any of the above.

Up 38 Down 4

Mike on Dec 3, 2018 at 10:25 am

Steven. Do a little research.
Why would ANYONE build on leased land when, at the end of the lease you own nothing. Nothing including the building (home or commercial) you've invested hundreds of thousands (or millions) into will be yours when the lease expires.

There are hundreds of examples of how this ends horribly for many when tried elsewhere.

Up 8 Down 4

CJ on Dec 3, 2018 at 10:04 am

@Steven, Common sense says "personal tax" is an error, and should read "property tax", though I could be wrong. One of the exasperating things here is the suggestion that that would be a normal thing in a land transaction and that it's "fear-mongering" to raise an eyebrow about it. If it's not retracted soon, maybe that is the deal the government struck, but that would certainly be odd.

Up 8 Down 1

Atom IC Punk on Dec 2, 2018 at 7:00 pm

@ Atom -
Re: Conveyancer has educated himself. I bet he read it in a book....give it a try.
Conflating the equivalence of ones ignorance with another persons ignorance is not evidence of an education... Perhaps you meant indoctrination?

Up 27 Down 6

Jim on Dec 2, 2018 at 3:42 pm

@Steven - maybe I can help clear up your confusion. People are not angry that a First Nation is a landlord. What they are angry at is with the manipulated land shortage the only option is to lease a piece of land and invest about 5 times the price of the property while pointing out past issues that have happened in other areas. What people are also angry at is that 95% of their personal income tax will be given to the KDFN along with the lease payment. Maybe enlighten me on the last landlord you had that received this. Is KDFN going to build hospitals, roads, bridges, power grids, water and sewer, give “taxpayers” voter representation? Don’t use people’s anger to fuel some sort of hate for KDFN. Their ability to lease or sell land should be no different than anyone else. KDFN took advantage of a sweet heart deal as anyone would.

Up 9 Down 40

Steven on Dec 2, 2018 at 9:17 am

I'm confused about how all of you negative commentators are freaking out about investing in a property you don't own when the landowner is KDFN... but you're all comfortable renting your apartments, living in a trailer park, or leasing your cars... and some of you ARE the landowners in this situation... wow.

Sounds like you just have a problem with a First Nation being the landlord, instead of the leasehold situation itself.

Up 29 Down 7

Jim on Dec 2, 2018 at 7:58 am

I have a hard time understanding how people in the comments are OK with giving all their personnel tax to KDFN. This is money you pay to Feds and YTG to hopefully pay for all the roads, hospitals, airports, etc. It should never be tied to a piece of property. For example, for a average house you pay $4000 a year in property tax. If you pay $35,000 in personal tax, you will pay about $30,000 to KDFN on top of your lease. Saying it is the same because you're on a different nation or government land is stupid. If I own another house in B.C. no portion of my personal income tax is given. If I own another house in the U.S. no portion of my income tax is given.
I have no problem with First Nations leasing or selling their land. Should have been made a long time ago. But why it needs an extra financial kicker is beyond me. No where else is your income tax tied to a piece of property. Fortunately for them we are in a land shortage so people will probably flock to this. But never, never try and tell me it’s the same thing as leasing property anywhere else.

Up 34 Down 0

CJ on Dec 1, 2018 at 8:46 pm

@Conveyance'er, So you're saying, First Nations is different here, you can trust them. "They have rules". Every lease you read about that didn't end well had rules.
You know, people don't have to be either racist or stupid to be curious about some of the concepts here. The fact is, there's very little real information in this article. It's basically a press release.

Up 19 Down 0

Live Free on Dec 1, 2018 at 8:09 pm

@ Conveyance'er - Your vehemence is disturbing and your ignorance although passionately asserted even greater so. What is ‘free’ simple? Perhaps you meant fee simple?
Banks are in it for the money. It is a revenue stream. Lease agreements have a termination date. Lease agreements can be terminated early. There are conditions attached to lease agreements that could lead to termination of the lease agreement.

Why would anyone “trust” (wink, wink) that the lease agreements in the Yukon would be any less problematic or risky than they are down south?
The fact remains - You do not own the land, your descendants do not own the land and so on. You can be removed from the land before your lease is up.
None of this applies to fee simple ownership.
Leasehold is a stupid idea for the lessee. Good for the leaser and the banker though.

It also feeds into the land shortage narrative that artificially inflates the real estate market and consequently leaseholds. You would have to be an awesome level of ignorant to accept this idea.
Why allow others to control the circumstances of your existence?

Keep this in mind:
“Alaska covers about 1.7 million square kilometers - so there would be room there for everyone [All 7.5 plus billion] - with about 210 square meters available per person. That’s a pretty decent sized single-storey family home…so it should be plenty of space per person to live comfortably.”

Retrieved from:
https://www.quora.com/Could-the-entire-earth-population-fit-in-Alaska

Up 5 Down 9

Atom on Dec 1, 2018 at 6:05 pm

At Punk...
Conveyancer has educated himself. I bet he read it in a book....give it a try.

Up 17 Down 15

Conveyance'er on Dec 1, 2018 at 10:46 am

To CJ and all those who can't (won't) wrap their heads around land leases...leases of this nature provide all the rights free simple title does...it has to or banks wouldn't finance.
You pay taxes now right? Ya you do, and since a person who leases FN land lives on their land, the FN gets the personal income tax of the lease holder....same works for all of us who own a home or rent on lands provincial and territorial, we pay taxes to the feds and they give back to the provinces and territories...and while the no representation with taxation cry sounds forbidding, trust that the deals done with FNs in the south that went bad won't happen here, as these are self governing FNs and there are rules governing their contractual commitments....ie...it's safe.
So get in there and grab a piece of land before the realtors figure out a way to inflate that land too.

Up 23 Down 9

What next? on Nov 30, 2018 at 11:42 pm

Lots of fear mongering and ignorance in the comments. Firstly, the leased land would have a discounted value since it will have renewable long-term lease. These leasehold interests can be bought and sold at whatever the market is. Strong markets for leasehold interests on reserve lands in North Vancouver and Kelowna - these reserves are similar to the KDFN's settlement land and the thousands of residents on those reserves are primarily non-FN citizens. In fact, townhouses and condos on the North Vancouver reserve had a significant appreciation of their values over the past 15 years - not as steep as surrounding fee simple lands - but doubled values. Secondly, the tax sharing arrangements do not include any corporate tax; just personal income tax if a person is actually living on the parcel of KDFN settlement land. In the end, a long-term lease on KDFN settlement land, that is registered in the YG LTO, may not be for everyone. But not everyone has $150K to drop for a postage size fee simple lot sold by COW.

Up 19 Down 5

Atom IC Punk on Nov 30, 2018 at 11:03 pm

@ Atom - The only intolerance here is your assertion of intolerance as a means of thought control. Bullies use similar tactics. A leasehold is not equivalent to ownership.

Up 14 Down 25

Patti Eyre on Nov 30, 2018 at 5:09 pm

I agree with Atom, just about anything any First Nation does around here is roundly criticized and ridiculed, and usually worse. Commentators of Whitehorse star, wake up! Stalin is dead and has been for a long long time.

Up 38 Down 9

CJ on Nov 30, 2018 at 3:47 pm

Everything with Sandy Silver is "of national importance" or "historic", or he's not talking.

I look forward to the day, soon, I hope, where it can be explained, without the circus atmosphere, why people would want to make a major investment on land they can only lease. Because I just don't get it.

Up 27 Down 31

Atom on Nov 30, 2018 at 10:53 am

To those with intolerance....the leases provide fee simple mirror...if you lease you own....so you lease, you build, you use as your own property, you sell at value just like any other property.... the leases are renewable...otherwise the banks wouldn't finance....if folks could get away from thinking FN's are less than everyone else, all would benefit.
There IS land available in the Yukon.

Up 28 Down 6

Are we over taxed? on Nov 30, 2018 at 9:48 am

I’m not sure if this article is accurate. If the Feds and YTG are going to give 95% of my personal income tax to First Nations who’s land I am leasing to live on. Does that mean that the government has been over taxing me all this time by 95%? If so I want a huge refund. Should I come get it or do you want to mail it.

Up 31 Down 0

Puzzled on Nov 30, 2018 at 9:33 am

So from what I’ve read in this article, if I was to lease a residential or commercial property off Kwanlin Dunn, not only would I pay a monthly lease payment. I thought the federal government would give 95% of my personal income tax to Kwanlin Dunn. I am not sure why what I earn has to be tied to a leased piece of property. Or if my business makes a huge profit, the taxes on that again would go to Kwanlin Dunn. If this is the case, it is a sweetheart deal and I can see why the First Nations are elated.

Up 35 Down 14

Money Laundering on Nov 30, 2018 at 9:29 am

So a FN Development Corp rent and builds on land owned by the FN. Pays taxes that go to the FN while still getting money from CanNor and other government sources. That money goes back into the first nation coffers where, thanks to the Liberals repealing the FN Accountability Act, the money can disappear. This is going to create a hostile environment for any small business not owned by a FN when the FN dev corps have a huge advantage over anyone else. If anyone else had a scheme like this it would be illegal.

Up 34 Down 6

AD on Nov 30, 2018 at 9:02 am

@Thomas Brewer,
Spot on comment. I don't know what's worse, that stupid photo op picture in the article or people's ignorance to how this is only good news for the KDFN. It's pathetic that in a place as large as the Yukon, we need to make a big deal out of getting a chance for land scraps (leasehold at that) due to a fake land/housing shortage. Perhaps the next federal government will have more balls and brains in their land management department and actually issue us peasants some land we can purchase?

Up 17 Down 14

Josey Wales on Nov 30, 2018 at 7:57 am

Hmmm...classic case of equity, or assurance of outcome.
Very very different from assurances of opportunity.

Fear not the outta land excuse will be still bleated, as great reason to herd all monies to the new assurance lands.
I have no money to toss into their racket, but boy will this be entertaining.
Get ready Whitehorse for more PC Crusader engineered bonfires to burn public dollars.
And burn them they will, flames certain to be seen from space.
What a great deal for the cultural elites, more subjects for their fiefdoms
I would say good luck, but none is needed...you have complete assurances.

Is it just our cash you want, or will whites be forbidden from the equity development land ?

Up 32 Down 3

My Opinion on Nov 29, 2018 at 11:29 pm

Before you enter into one of these deals do some research. Check out Tswassen BC, West Vancouver, or many of the BC Ski Resorts that have entered into agreements with First Nations to have it all torn up by the courts after hundreds of Millions were invested.

Up 32 Down 9

My Opinion on Nov 29, 2018 at 11:23 pm

If you get one of these lots your house better be on wheels that's all I'm say'n.

Up 26 Down 8

My Opinion on Nov 29, 2018 at 11:22 pm

Oh! So they are educating the Banks. RiiiGHT.

Up 26 Down 15

Wayoutwest on Nov 29, 2018 at 9:18 pm

“No taxation without representation.”
Think about that for a minute.

You’re paying taxes and if you’re not First Nation you will
Never, ever get a voice. Not a vote. Not ever.

A fundamental principal our entire western democratic civilization built on just gone. I would never, ever lease that land or build anything on it.

I can subscribe to a lot, but that’s my limit. I’m not saying the FN can’t do it. I’m just saying if you choose to get involved in that, good luck to you. You’ve opted out of democracy and what happens to you next is your own problem.

Up 21 Down 4

Relax - Don’t Do It on Nov 29, 2018 at 5:47 pm

Did you get your 30 pieces of Silver?

Retrieved from:
https://www.google.ca/amp/s/www.theglobeandmail.com/amp/real-estate/great-deals-or-potential-nightmares/article1378285/

Because some deals have gone sour, leasehold ownership has a bad reputation among some in the industry. Financial lecturer, author and former MP Garth Turner advises consumers to steer clear.

The most famous example of a hike in lease payments was in 1995, when Musqueam Park leases came up for renewal after 30 years. The Musqueam band raised the payments in accordance with then-current market values on the tony west side properties. It meant average lease payments went from about $400 to more than $2,000 a month.

Up 18 Down 3

YT on Nov 29, 2018 at 5:19 pm

Uh, I have questions.......

Up 48 Down 2

Jim jim on Nov 29, 2018 at 4:22 pm

I would like to have the caveat that when your lease is up you sell it back to the band for market value otherwise it makes zero sense. Bands will have recouped your total home income tax for that period which is fine but they shouldn’t get the house deal for free.

Up 47 Down 20

Thomas Brewer on Nov 29, 2018 at 3:50 pm

So, one leases the property, builds millions of dollars of infrastructure on it, pays annually for it, resident's income tax goes to the FN, and at the end of the lease you walk away from the property, giving the improvements to the FN? What a deal... for the FN.

I wonder how issues like these are addressed:
https://www.cbc.ca/news/canada/saskatchewan/crooked-lake-cottagers-rent-increase-1.4533569
https://vancouversun.com/news/do-b-c-laws-protect-people-living-on-first-nations-land-from-huge-rent-increases

Up 32 Down 42

Groucho d'North on Nov 29, 2018 at 3:31 pm

This is indeed good news!. Congratulations to all who pushed this long-overdue agreement through the goal-posts. There's the 'No more land' excuse hung on a spike. Let's see some housing development next. Being an election year I hope the feds step up and spend some housing money here rather than Africa.

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