Land use veto not in the cards: Fentie
Premier Dennis Fentie says he won't give first nations governments consultation veto power in places like Mayo, where a mining company took a $30-million to $50-million hit, because he represents all Yukoners.
Premier Dennis Fentie says he won't give first nations governments consultation veto power in places like Mayo, where a mining company took a $30-million to $50-million hit, because he represents all Yukoners.
The chief of the First Nation of Na-cho Nyak Dun (NND), Simon Mervyn, whose traditional territory the United Keno Hill mine is in, said he was never looking for veto power; he just wants self-government agreements to be recognized and honoured by Fentie.
Opposition Leader Arthur Mitchell says he feels Fentie is just playing politics and NDP Leader Todd Hardy says the premier is in 'a colonial time warp.'
Fentie told a press conference last Friday he will not allow first nations governments to dictate land use to his government.
'There is a good relationship (between the Yukon government and first nations) because we've advanced on many fronts and initiatives.
'When we get into situations where first nations, such as NND in this case, have referenced a recent Yukon court decision and demanded consent for activity in their traditional territory, that's where public government must stand up and say, No, that's not what was agreed to in the final agreement or any other agreement,'' he said.
'This government will not agree to consent requirements.'
The case referenced by NND involves a verdict won by the Little Salmon-Carmacks First Nation against the Yukon government over an agricultural lease.
The case is currently being appealed by the Yukon government.
Last month, Alexco Resources Corp., which is operating at United Keno Hill near Mayo, saw its share price plummet after the NND said it was pulling out of regulatory talks due to poor consultation with the government.
Fentie said his government had met and negotiated details with the NND on a variety of issues surrounding the United Keno Hill mine.
'That's why this government has come forward with initiatives to address capacity and in NND's case had made an offer to assist in further participation on the United Keno Hill mine site. To say they haven't been consulted on that mine site is emphatically incorrect
'In fact, we have negotiated agreements with the first nation through their department of lands and resources that resulted in some $7.6 million expended to the first nation and associates for care and maintenance of the mine site itself,' he said.
'You do not get into agreements like this without capital C consultation.'
Fentie said many of the issues were due to the magnitude of the self-government process.
Mervyn said this morning he's seeking face-to-face meetings with Fentie, and not just officials in government administration.
'In regards to the permitting system that's in place, a lot of the issues are slipping through the back door and actually happening on the land without proper dialogue between governments and actual eyeball-to-eyeball conversations in regards to this issue,' Mervyn said.
'(Meaningful consultation has) yet to be defined; it's presently being evaluated straight across Canada. We would like to see it as a dialogue between governments on the political level.'
He said his government is not seeking, and has never sought a veto on land use issues in its traditional territory, just meaningful consultations so things such as the surprise building of an outfitter's camp at Copper Point never happen again.
'No, (a veto) was never the idea. We need to ensure that we are looking after business.
'We need to assert some authority under our legislative agreement to ensure the land is left as it is after the mining groups have left,' he said.
'We have to flex our muscles and make sure we leave something for our children, and to control our own destiny.'
Mervyn said the NND is not anti-development and does not anticipate any problems with companies operating in its traditional territory.
Fentie, he added, is not behaving in a way that will help build a close relationship between first nations and his government.
'I'm not going to use Dennis Fentie's tactics and attack people on a personal level, as a premier that's unbecoming.'
Mitchell said he'd like Fentie to apologize to the Yukon Supreme Court for making confusing statements about a decision made by Justice Ron Veale.
Mitchell said Veale was clear in his decision to quash an agricultural lease in the traditional territory of the Little Salmon-Carmacks First Nation, due to inadequate consultation, that first nations were not entitled to a veto.
'Justice Veale specifically said that there is no veto.
'I think (Fentie's) panicking and confusing Yukoners with his misstatements,' Mitchell said.
'It's time he backed off of that. It's time he stopped pitting Yukoner against Yukoner and remember that public government is there on behalf of all Yukoners, first nation and non-first nation alike.'
Mitchell said he'd like to see the premier engage in more meaningful dialogue with first nations.
Hardy said in a media release last week that government-to-government relations must undergo a paradigm shift in the territory.
The relationship between the Yukon government and first nations governments, Hardy added, is damaged.
'The conclusion of self-government agreements with the majority of Yukon first nations has created a whole new constitutional relationship.
'Unfortunately, our premier seemed to be locked in some kind of colonial time warp that doesn't allow him to accept how profoundly things have changed,' Hardy said.
'For whatever reason, the premier is raising a red flag that isn't warranted.'
Hardy said he feels all levels of government need to learn to sit down and work together.
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