The territorial government has ignored first nation concerns and contravened the spirit and intent of the Yukon Environmental and Socio-economic Assessment Act (YESAA), first nation and YESAA administrators maintain.

According to documents on file with the Yukon Environmental and Socio-economic Assessment Board (YESAB), the board responsible for administering YESAA, the territorial government began work on the city's new waterfront trail before the completion of a board assessment designed to determine what, if any, environmental or socio-economic impacts the project would have on the community.

'A clear intent and purpose of the YESAA is to require that the potential environmental and socio-economic effects of projects are assessed before they are undertaken (sic).

'It is inconsistent with the purpose and intent of the Act, and will impair the integrity of the assessment process if projects are undertaken before the required assessments are completed,' YESAB documents state.

'Prior to the assessment recommendations being issued, correspondence from KDFN and a subsequent site visit confirmed that project activity, specifically repaving existing waterfront trail near the Rotary Peace Park and installing new electrical distribution system had already been substantially undertaken.'

The project, according to the YESAB, includes repaving the existing waterfront trail near Rotary Peace Park and installing a new electrical distribution system and decorative pole lighting along the waterfront.

The trail, according to the city's Riverfront Design Concept, runs along the city's waterfront, through Kwanlin Dun First Nation settlement land and through Shipyards Park.

The evaluation period, according to the YESAB, ran from July 6 to Aug. 8.

'In this case we are very concerned that it appears a project activity has been substantially undertaken before the assessment of the project was concluded and a decision document issued,' documents state.

'We have no information about whether the project activities that have already been undertaken are consistent with the information in the project proposal or with the mitigation measures recommended herein.'

YESAB concerns were shared in a July 24 letter from Kwanlin Dun's land manager, Gillian McKee, to the YESAB's project officer, Keith Maguire.

'One of the components of this project seems to be under construction already (Rotary Park trail reconstruction),' McKee's letter states.

'If this is the case we have concerns that such action does not conform to the YESAA,' the letter states.

Highlighting section 83 of YESAA, McKee states concerns of the Kwanlin Dun First Nation including the stockpiling of soil and effects on wildlife were not properly considered.

Section 83 of YESAA states: 'Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken, or take any action that would enable it to be undertaken until the territorial minister has issued a decision document.'

A decision document must address YESAB recommendations and is issued after the completion of an assessment, according to territorial legislation.

McKee's letter also states plans to mitigate possible negative impacts of the project were also not properly addressed.

'Despite these concerns, we are submitting our comments about the project through YESAA, most of which we previously provided in a letter to Yukon Government on May 12, 2006. None of these comments seem to have been addressed in the proposal documents on the YESA(B) registry.

'There is a discrepancy in the level of detail provided between the mitigation measures for the Kishwoot Island component of the project and all other aspects of the project. The measures identified for the Kishwoot Island Bridge rebuild are very detailed where other mitigation measures are not.'

Development of Kwanlin Dun's portion of the trail, she added, would not be going forward in the near future as the first nation is still working on funding issues with the development of its new waterfront cultural centre.

Kwanlin Dun's cultural centre is slated to be built along the waterfront between Strickland Street and a government property next to Ogilvie Street.

'It is important to note that the exact location and design of a trail across KDFN settlement land has not yet been determined. This will be done at a later date in conjunction with planning the proposed cultural centre and landscaping,' McKee's letter states.

In an interview this morning, Eric Magnuson, assistant deputy minister of the Department of Community Services, said while he values the YESAB's role in the territory's development process, he doesn't feel the government had acted inappropriately.

'(W)e don't believe we have contravened the Act,' Magnuson said. 'We entered into this process prior to YESAA being established.'

He said he and other government officials believe in the value of YESAA but there will likely be growing pains because the legislation is new.

'It's a new process with a steep learning curve for all areas working with this new legislation,' he said.