At over 68,000 square kilometres of rugged northern beauty, the Peel Watershed in northern Yukon is one the most expansive wild places in the world. For the four First Nations who call it home, the clear rivers and majestic mountains of the Peel have provided physical and cultural nourishment since time immemorial.
The Peel Watershed also contains deposits of oil, gas, coal, uranium and other minerals. For years, the people of Yukon had to push back on the Yukon government’s efforts to carve up the region with mining, drilling and roads. First Nations and conservation groups took their fight all the way to the Supreme Court of Canada, eventually winning a historic verdict that secured protection for this special place.
An Endangered Wild Space in Canada’s North
From its dramatic mountain peaks and sweeping sub-Arctic tundra, to its sprawling alpine meadows and sweeping boreal forests, the Peel is a rare place where nature seems almost limitless. The watershed is formed from the Peel and its six main tributaries, gathering rainfall and snowmelt from the highest peaks of the Mackenzie Mountains in the south, all the way to the Tombstones and the Blackstone Uplands in the North.
Grizzlies, wolves, moose, caribou and lynx roam free on this wild land, and millions of migratory birds find sanctuary in the abundant wetlands during their epic seasonal journeys. The Porcupine caribou, which make the longest migration of any land mammal on Earth, winter in the Peel before resuming their marathon journey to the Arctic. The wild landscapes of the Peel are a refuge for plants and animals who must adapt to the disruptions brought on by climate change.
First Nations and the Peel Watershed
“We have seen enough environmental damage to our homeland. We need a plan that protects the land permanently.” - Former Tr’ondëk Hwëch’in Chief Eddie Taylor.
The Peel Watershed is the traditional territory of three Yukon First Nations – the Na-Cho Nyäk Dun, Tr’ondëk Hwëch’in and Vuntut Gwitchin – as well as the Teetl'it Gwich’in of the neighbouring Northwest Territories. For thousands of years, these indigenous groups have hunted, fished, travelled and lived through all corners of the Peel Watershed, reflected in age-old stories and deep knowledge of the land. Throughout the Peel are numerous hunting trails and burial sites, as well as archeological evidence of abandoned settlements and trading posts.
In 1993, Yukon First Nations and the governments of the Crown signed the Umbrella Final Agreement. This landmark treaty ushered in a new era for relations between many Yukon First Nations and the governments of Canada and the Yukon. The Nations who signed the Umbrella Final Agreement made major concessions, including relinquishing any claim to land title across most of their traditional territories. In return, the Crown governments recognized First Nations title for a small percentage of Settlement Lands, and agreed to a land use planning process, with the goal of reaching collaborative decisions about the future of the Yukon’s land. In 2004 land use planning began for the Peel, and soon ignited what became the Protect the Peel campaign.
Our Journey to the Supreme Court of Canada
The Final Agreements signed with the Government of Yukon and the Government of Canada guarantee First Nations a decision-making role on their traditional territory, including the Peel Watershed. Even before land use planning began for the Peel, First Nations elders were advocating for 100% protection of the region. Over the course of seven years, the Peel Watershed Land Use Planning Commission conducted extensive research and consultation with communities and stakeholders to produce a Peel Watershed Land Use Plan. This ultimately recommended that 80% of the region be off-limits to roads and industry. This plan was supported by First Nations and a huge majority of Yukoners.
Then the Government of Yukon derailed everything. The Yukon rejected the Final Recommended Plan and approved a different plan that it had developed unilaterally. This new plan would have opened 71% of the Peel to industrial development and left just a small portion protected. This betrayal sparked legal action from the affected First Nations, CPAWS Yukon and the Yukon Conservation Society.
The Yukon government's disregard for the First Nations agreements and the ecological integrity of the Peel brought together Yukoners in unprecedented ways, with rallies, demonstrations and fundraisers across the territory. 'Protect the Peel' bumper stickers began to populate people's vehicles and the Peel emerged as a top issue in the Yukon Legislature and during elections.
In 2014, the Yukon Supreme Court ruled that the Government of Yukon violated its constitutional obligations. However, a subsequent Court of Appeals decision granted the government a do-over on its misconduct, leaving the door open to widespread development in the Peel. First Nations and environmental groups appealed this ruling, and brought the case to the Supreme Court of Canada in March of 2017. At stake was the interpretation of Yukon’s modern-day treaties, and whether the wild spaces of the Peel Watershed would be protected for future generations.
Supreme Court of Canada Ruling
The Supreme Court of Canada unanimously ruled that the Yukon government violated the Umbrella Final Agreement. The Court ordered the Yukon to go back and complete meaningful consultations, based on the Final Recommended Land Use Plan for the Peel Watershed, the one that would have protected 80% of the watershed. The Court ordered that only minor modifications to the plan could be made, and only ones that upheld the “Honour of the Crown” in its relations with First Nations. The ruling by the Supreme Court of Canada was an incredibly victory for the affected First Nations, the Yukon Conservation Society, CPAWS and the Yukon as a whole.
These final consultations took place in the fall of 2018. From there, the Yukon government and the Peel First Nations negotiated the Final Land Use Plan for the Peel Watershed. The Plan was officially signed into being on August 22nd, 2019, at a ceremony in Mayo. The Final Plan protected 83% of the Watershed, and ensured that the Plan would be jointly implemented between the Yukon government and the Peel First Nations. The Plan was the realization of decades of work from people across the North, united by a shared dedication to the wellbeing of the land, wildlife, and of Northern communities.
“The environment is not for sale. And economic necessity will not supersede environmental destruction.”
— Simon Mervyn, Chief of the First Nation of Na-Cho Nyak Dun
Why Protect The Peel
FOR NATURE AND WILDLIFE
The geographical diversity of the Peel Watershed is perhaps unparalleled in North America, from rugged mountain ranges and deep canyons to sweeping alpine tundra, boreal forest and expansive wetlands. The six crystal-clear rivers that flow into the Peel River – the Ogilvie, Blackstone, Hart, Wind, Bonnet Plume and Snake Rivers – are the lifeblood of the watershed, traveling north to the Arctic Ocean via the Mackenzie River Delta.
The size of the Peel Watershed cannot be understated, with no permanent settlements and only a single road on its western edge. The limited human disturbance has allowed for unrivalled ecological integrity in this 68,000 km2 wilderness. Many animal species found here are listed as being of conservation concern nationally or internationally. Owing to its ecological significance, the Peel Watershed forms the northern anchor of the Yellowstone to Yukon corridor, which would ensure connectivity for wildlife moving south to north.
Much of Canada’s iconic wildlife thrive in the Peel, from predators like the grizzly, wolf, wolverine and lynx, to ungulates such as moose, dall sheep and caribou. The Peel Watershed has been recognized as a global benchmark for predator-prey relationships, and opening up the watershed to roads and mineral exploration would threaten this delicate ecological balance.
The Peel is home to multiple herds of woodland boreal caribou, a species that is classified as ‘threatened’ nationally under Canada’s Species at Risk Act. Barren-ground caribou are also found here: the Porcupine Caribou Herd journeys through the Peel in the winter on the way to their calving grounds in Alaska, completing the largest annual land mammal migration on earth.
Not only does the Peel provide critical habitat for large mammals, but smaller wildlife such as beaver, porcupine, collared pika, pine marten, singing vole, and river otter also populate the landscape.
The mix of habitat types is also a haven for birdlife, from raptors like eagles, short-eared owls and the once endangered peregrine falcon, to boreal songbirds such as the blackpoll warbler and the rusty blackbird. The abundant wetlands of the Peel Plateau are critical to the migration pathways of the millions of birds and waterfowl that stop over in the Yukon during fall and spring journeys, including the surfbird, American golden plover and northern shoveler.
Much of the Peel Watershed was not glaciated during the last ice age, which has contributed to its unique biodiversity. Many rare fish and plant species have been discovered in the Peel, and the western portion of the Peel has the highest number of endemic plant species in all of Canada
FOR FIRST NATIONS
The caribou and the rivers of the Peel watershed are the lifeblood of this land and of the Gwich’in nation.” Bruce Charlie, Chief of the Vuntut Gwich’in First Nation
The Peel Watershed is the traditional territory of three Yukon First Nations (Na-Cho Nyak Dun, Tr’ondëk Hwëch’in and Vuntut Gwitchin) and the Tetlit Gwich’in of the neighbouring Northwest Territories. It is a major part of the cultural identity of these nations, and for some, it continues to be crucial to their way of life.
The physical and spiritual significance of the Peel has compelled First Nations to lead the court battle with the Yukon Government. They view protecting the land as a responsibility inherited from their ancestors and an obligation to future generations who will depend on the land. The Yukon First Nations with traditional territory in the Peel Watershed are calling for the Final Recommended Plan to be adopted.
While the Peel Watershed has largely been spared from industrial development to date, people have relied on the Peel for millennia. Historically First Nations people have lived, occupied and travelled in all corners of the region, and the plants, medicines and animals have been integral to their subsistence livelihoods. Throughout the Peel there are numerous hunting trails and burial sites, as well as archeological evidence of caribou fences, abandoned settlements and trading posts. The rivers and mountains of the Peel are a key part of First Nations heritage, reflected in stories and their deep knowledge of the land.
There are no permanent settlements in the Peel today, but residents from the nearby communities of Dawson City, Mayo and Fort McPherson continue to spend time on the land hunting, gathering, fishing and trapping. These subsistence practices are important as First Nations determine their own balance between western and traditional choices.
The Vuntut Gwitchin of Yukon’s most northerly community, Old Crow, identify as a ‘caribou people’ – their primary food source is the Porcupine Caribou Herd, which travels through the Peel each year. Oil and gas development in the caribou’s range could devastate their way of life. Likewise, the Tetlit Gwich’in of Fort McPherson depend on a clean and healthy Peel River to sustain their diet of fish. The community is concerned about how pollution from upstream mining operations would threaten the fish and their future.
The fight to Protect the Peel is not just about the land, but also about Indigenous rights. The previous Yukon Government’s rejection of a seven-year land-use planning process was not only a betrayal of public confidence, it was a violation of the modern-day treaties. Through the Protect Peel campaign and legal case, Yukon’s First Peoples defended their right to be heard by government and to have a genuine say in the future of the land they have lived on since time immemorial. The legal case was the first ever case representing both First Nations and environmental organizations that was heard at the Supreme Court of Canada.
FOR SUSTAINABLE ECONOMIC DEVELOPMENT
The land use planning process for the Peel Watershed revealed that Yukoners value the ecological and cultural aspects of the Peel above its mining potential. In its recommendation, the planning commission was able to strike a balance by allowing for 20% industrial development, but it found that any additional resource extraction would fundamentally jeopardize those characteristics that people had identified so strongly.
Resource industries such as oil and gas and mining can bring wealth and employment, but often the benefits are overstated and accrue primarily to outside interests rather than local communities. Mining can also leave behind environmental scars – something as simple as a road can alter habitat and wildlife habits forever. To give nature the room it needs to breathe, we must leave some spaces off limits to industry, especially those with high ecological and cultural value. The Peel Watershed is one of those spaces.
By implementing the Final Recommended Plan to protect 80% of the watershed, we can create a balanced future for nearby communities through sectors that make use of nature without damaging it.
Protected areas contribute to the local economy by ensuring clean air and water, as well as plentiful fish and wildlife to sustain traditional fishing, hunting and trapping practices. A conservation focus also generates economic opportunities through wilderness tourism.
Tens of thousands of people travel within the Yukon and from afar every year to explore its natural beauty. Intrepid paddlers, trekkers and hunters value the Peel for its remoteness and its unspoiled splendour. To experience the Peel, they require guides, equipment, food, accommodations, travel and a range of other services that can create local business and employment opportunities, particularly for First Nations. Research, conservation management and ecological monitoring can also provide ‘green jobs’ in a globally significant region like the Peel.
While a national or territorial park in the Peel is not being proposed at this point, protected areas open many possibilities for communities to grow sustainably, to have control over their own economic development and to benefit from their expertise. In Canada and around the world, there are emerging examples of Indigenous leadership in protected areas. The Peel could be the Yukon’s chance for a progressive approach to address conservation, reconciliation and economic development altogether.
General FAQs
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No – the Supreme Court ordered the Yukon government to go back and consult on the Final Recommended Plan. This is what should have happened years ago, before the previous Yukon government derailed the land use planning process by introducing its own plan at the last minute. These consultations occurred in the fall of 2018, and after final negotiations between the Yukon government and First Nations, the Peel Land Use Plan was finalized in 2019.
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The Final Recommended Plan from the Peel Watershed Planning Commission was the culmination of seven years of democratic consultation, with input from governments, industry, other stakeholders and the public. It provides for 55% permanent protection and 25% interim protection of the Peel Watershed (where roads and mining would not be permitted), with the remaining 20% available for development.
The plan adopted by the Yukon Government was developed behind closed doors, without input from the First Nations or the public, and provided for at most 29% protection, with over 71% of the watershed open to development.
The plan adopted by the Yukon Government was developed behind closed doors, without input from the First Nations or the public, and provided for at most 29% protection, with over 71% of the watershed open to development.
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The Final Recommended Plan was a compromise and allows for 20% of the region to be open to mining and development. We feel that this is the upper limit of development that can happen in the Peel without severely jeopardizing the ecological integrity of the region, and it was also a compromise for the First Nations, who originally wanted 100% protection. The Peel is a truly special region and one of the few remaining unroaded areas in North America. Once development happens, the effects on the environment cannot be undone. Part of the rationale for protection is leaving choices for future generations.
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Yes. For the wildlife that depend on the Peel, roads fragment their habitat and make natural behaviour and survival more difficult. Roads drastically transform the wilderness and are often a gateway to more and more development, resource extraction, and land disturbance. There are endless examples from across Canada and the world of population decline being linked to habitat loss caused by roads.
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With the North warming up faster than almost anywhere else on Earth, the Peel could be a refuge for species threatened by climate change. As a diverse and intact ecosystem, it could provide conditions that would allow wildlife and biodiversity to adapt to the effects of climate change by moving south to north. This is why the Peel is the northern anchor of the Yellowstone-to-Yukon initiative. Natural landscapes also act as carbon sinks, storing CO2 in trees, soil and permafrost. In short, we need nature to reduce emissions and buffer the impacts of climate change.
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Mining is an important part of the Yukon economy, and there are ways that it can be done responsibly, but not all areas of the Yukon should be open to mining, particularly where there are significant ecological and cultural values that would be damaged. The Yukon also has untapped potential in areas of wilderness tourism, and the Peel could be an example of how local communities can benefit from more sustainable and conservation-based economic development.
FAQs about the Supreme Court Case
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In a unanimous decision, the highest court in Canada ruled that the Yukon government must complete meaningful final consultations on a land use plan that protects 80% of the pristine watershed. This comes after the Yukon government, under previous leadership, derailed the planning process, forcing through its own agenda to industrialize 71% of the Peel and betraying its constitutional obligations. The ruling sets a precedent for the future of land use planning in the territory, ensuring the integrity of First Nations Final Agreements is upheld and Yukon is working together in the spirit of reconciliation. The court did not rule on the Yukon government’s right to reject a land use plan, but the ruling does provide guidance that limits the Yukon government’s ability to modify or reject a plan at the final stage of the process.
The ruling also sets a precedent for how modern treaties will be interpreted across Canada for decades to come.
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The appellants on the case were the First Nation of Na Cho Nyak Dun, the Tr'ondëk Hwëch'in, the Vuntut Gwitchin First Nation, CPAWS Yukon and the Yukon Conservation Society. The Gwich’in Tribal Council and Council of Yukon First Nations intervened in support of our case. The plan adopted by the Yukon Government was developed behind closed doors, without input from the First Nations or the public, and provided for at most 29% protection, with over 71% of the watershed open to development.
The plan adopted by the Yukon Government was developed behind closed doors, without input from the First Nations or the public, and provided for at most 29% protection, with over 71% of the watershed open to development.
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The Supreme Court of Canada’s decision to hear our case means that it is of national significance. Very few cases proposed to the Supreme Court of Canada are actually heard (one in ten).
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Yes, you can watch the recording on the Supreme Court of Canada's website by clicking here.
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This Dropbox link contains resources including all the legal documents for the Yukon Supreme Court, Yukon Court of Appeal, and Supreme Court of Canada.
Supporters
First Nations
Plaintiffs in the legal case
First Nation of Na-Cho Nyäk Dän
Tr’ondёk Hwёch’in
Vuntut Gwitchin First Nation
Interveners in the legal case
Council of Yukon First Nations
Gwich’in Tribal Council*
The Teetl'it Gwich’in from the Northwest Territories have traditional territory in the Peel and have depended on the land for millennia, which is is recognized in a transboundary agreement. The Gwich’in Tribal Council is a land claim organization representing the interests of approximately 2700 Gwich'in people in the Mackenzie Delta of the Northwest Territories, including the Teetl'it Gwich’in.
The Public
7,500 Canadians (mainly Yukoners) signed a petition supporting the Final Recommended Plan released by the Peel Watershed Planning Commission in 2011 that would have protected 80% of the Peel.
Over 4500 people have signed the Peel Pledge (launched in June 2016) to express their solidarity with First Nations and environmental groups in their appeal to the Supreme Court of Canada to have the Peel protected.
Conservation and Environment Organizations
Plaintiffs in the legal case
Yukon Conservation Society
CPAWS Yukon
Other Organizations
CPAWS and its 13 chapters across Canada
Trails Only Yukon Association
Wildlife Conservation Society
Yukoners Concerned about Oil and Gas Development
Yellowstone to Yukon Conservation Initiative
Boreal Songbirds Initiative
Peel Youth Alliance
Yukon Businesses
Businesses that have contributed to the campaign in various ways from donating time and energy, to fundraising items, to public endorsement for Peel protection.
Alpine Bakery
Aroma Borealis
Bean North
Breath of Life Studios
Cabin Fever Adventures
Equinox (Adventure Tours)
Erica Heuer Yoga
Midnight Sun Outfitting
Nahanni River Outfitting
National Outdoor Leadership School
Sila Sojourns - Wilderness and Creative Journeys
Tourism Industry Association of the Yukon
Up North Adventures
Wilderness Tourism Association of Yukon
Walden’s Guiding and Outfitting
Widrig Outfitters Ltd.
Wilderness International Inc.
Wilderness Tourism Association of Yukon
Yoga Whitehorse
Yukon Artists, Musicians, Photographers, Videographers
The following artists have donated their time, skills and works of art to the Peel campaign over the years.
AK Studios
Bearbait (Tanya Handley)
Christoph Fischer Photography
Fritz Mueller Visuals
Jannik Schou Photography
Jodie Thomson Design
Joyce Majiski Art
Matthew Lien Music
Marten Berkman Productions
Marty O’Brien Video Productions
Peter Mather Photography
Robert Postma Photography
Save Our Lands Conservation Photography
Stephanie Ryan Art
Wally Maltz Design
Yukon Artists at Work Co-operative
Leaders and Luminaries
The following leaders have spoken out in support of protecting the Peel
Margaret Atwood
Maude Barlow
Tzeporah Berman
Olivia Chow
Bill McKibben
Buffy Sainte-Marie
Sandy Silver, Premier of Yukon
David Suzuki