Yukon NDP voice support for Yukon First Nations in judicial review of YESAB recommendation

Wednesday, 17 January 2024 10:55

Yukon NDP leader Kate White speaking with reporters on the last day of the Fall 2023 sitting. (Photo, S. Bonell)

Yukon NDP leader Kate White says the Yukon Government are saying one thing and doing another when it comes to First Nations.

Yukon NDP leader Kate White is voicing support for two Yukon First Nations against the Government of Yukon.

In December of 2022, the Yukon Environmental and Socio-economic Assessment Board recommended against a drilling project at Vancouver-based Silver47 Exploration Corporation’s Michelle Creek property, which lies on the traditional territory of First Nation of Na-Cho Nyak Dun and Tr'ondëk Hwëch'in First Nation. YESAB’s recommendation said that the project would impact environmental resources in the Peel Watershed.

Six months later, the Yukon Government filed a petition to say that YESAB didn’t give Silver47’s project a fair assessment, and calling for a judicial review. YESAB defended the recommendation, citing a lack of a baseline data and the original concerns about the environment.

According to court documents, the government had received a lobbying letter from Silver47 following YESAB’s recommendation. However, First Nation of Na-Cho Nyak Dun and Tr'ondëk Hwëch'in First Nation claim that the Yukon Government failed to consult with them about the recommendation before taking it to court.

In an interview with CHON-FM, Yukon NDP leader Kate White said that this entire ordeal shows the Liberal Government’s true colours.

“This is a clear example how the Yukon Liberals are siding with a Vancouver-based mining company over Yukon First Nations, over final agreements, over land-use plans, and over the environment.” said White.

Following recommendations from YESAB, it is the Yukon Government’s role to accept, reject, or modify the recommendation. According to White, taking the route of a judicial review is a way for the government to support mining companies without stating its position to support mining companies.

“What they did is: they thought, ‘okay, well, how to proceed with this?’” said White. “And they were like, “’Okay, we’ll get a court. We’ll take it to the Supreme Court, we’ll ask for judicial review, and we’ll get the answer we want without having to say it ourselves.’”

“It just shows the hypocrisy of it. Because they have the ability to either accept, reject, or modify the recommendation; and instead of doing that, they’re taking it to court because they won’t say what they really want.”

As frustrating as the situation is, White said that it is a clear example of the differences between political parties in the territory.

“For more than a decade, Yukoners saw the Yukon Party, who were government at the time, completely disregard things like final agreements and First Nations/Aboriginal right and title,” said White. “They disregarded land-use planning and land-use planning processes. They disregarded people’s care for the environment.”

“But they did that up-front and honestly. You always knew where the Yukon Party was going to stand. And then in 2016, when the Liberals got elected as government, they said ‘We’re going to do things different. We believe in reconciliation. We believe in Aboriginal rights and title, and we’re going to do things differently.”

“But what we’re seeing with this example is we’re seeing that actually; they say one thing and they do another. And, this is a really important point, because this just shows how different the Liberals and the Yukon NDP are. Because there’s no way that the NDP would ever behave this way towards First Nations.”

According to a spokesperson from the Executive Council branch, it is not standard practice for the Yukon Government to notify third parties before asking for a judge to review recommendations. Similarly, said the spokesperson, First Nations do not typically consult the Yukon Government before requesting judicial reviews of decisions made by the government.

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