Jan 25, 2014 - The National Geographic featured the Peel Watershed and the Yukon government's plans to open it up to mining. Read the story and view the beautiful photos here.

Vancouver, BC – Today in Vancouver, Thomas R. Berger, O.C., Q.C. announced that a lawsuit is being filed against the Yukon Government on behalf of two Yukon First Nations and two Yukon environmental organizations.

Berger and his clients, the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Canadian Parks and Wilderness Society Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society are launching a legal action to force the Yukon Government to implement a Land Use Plan that would protect 54,000 square kilometres of wilderness in northern Yukon’s Peel River Watershed, against mining and other industrial development.

“This is a lawsuit that nobody wanted to bring,” said Berger. “But the Yukon Government has forced these plaintiffs to go to court not only in defense of First Nations and environmental values in Yukon, but also to uphold principles entrenched in the Constitution.”

Following a constitutionally mandated process under Yukon land claims agreements and seven years of research and consultation, the Peel Watershed Planning Commission produced a final plan that recommended the permanent protection of 55 per cent and interim protection for an additional 25 per cent of the 67,500 square kilometre Peel River Watershed.

Although the Commission’s plan is supported by the affected First Nations and has wide public support, on January 21, 2014, the Yukon Government adopted its own unilaterally developed plan for the region, which opens up most of the watershed to roads and industrial development. Yukon Government’s plan leaves 71 per cent of the watershed open for mineral staking and industrial development. In the "protected areas" identified by the Yukon Government, which cover just 29 per cent of the watershed, all-season roads would be allowed in order to develop existing mining claims.

“Since 1993, when the Yukon First Nations, Canada and Yukon signed the Umbrella Final Land Claims Agreement, its provisions have formed the basis of land use planning in the Yukon. Those provisions are entrenched in the Constitution; they protect the rights of First Nations and all Yukoners,” said Berger. “Yukon Government’s plan discards the years of work by the Peel Planning Commission as well as the views of Yukoners.”

Nacho Nyak Dun Chief Ed Champion emphasized the opportunities that were available for input during the planning process. “The Government of Yukon had seven years to provide input into the planning process while the Peel Commission was developing its Final Recommended Plan,” Chief Champion said. “Chapter 11 of our Land Claims Agreement does not allow the Government to introduce a new plan at the end of the process. We will do whatever it takes to defend the integrity of our Agreements.”

Tr’ondëk Hwëch’in Chief Eddie Taylor spoke about what the Peel River Watershed means to his people. “As our elders say, the Peel Watershed is our church, our university and our breadbasket. It sustains our spirit, our minds and our bodies. It is as sacred to us as it was to our ancestors, and as it will be to our grandchildren.”

“The fresh water that the seven rivers of the Peel Watershed provide is by far the most valuable resource within the Peel,” Chief Taylor added.

“Seventy-five per cent of the Yukon is open to mineral staking,” said CPAWS Yukon Executive Director Gill Cracknell. “To compensate for the fragmentation and disturbance resulting from industrial development on the rest of the landscape, we need to set aside large areas for wildlife, cultural uses, tourism and climate change adaptation. The Peel region is one of the last remaining ecologically-intact wilderness watersheds left in north America. There needs to be real protection, not postage stamp areas riddled with roads and mines.”

Karen Baltgailis, Executive Director of the Yukon Conservation Society, issued a warning to companies who may be eyeing the Peel now that Yukon Government has announced its land use plan. “Companies considering industrial exploration or development in the Peel region until this lawsuit is resolved do so at their own risk. The tide of public opinion will be against anyone who tries to develop in the region. On the other hand, companies that voluntarily give up their Peel claims in the name of corporate responsibility will win major points in the hearts and minds of people in Yukon and around the world.”

About the Peel River Watershed

Located at the northern end of the Rocky and Mackenzie Mountain Chain, the Peel River Watershed is a spectacularly rugged region defined by the Peel, Ogilvie, Blackstone, Hart, Wind, Snake and Bonnet Plume rivers. One of Canada's most striking and pristine mountain river watersheds, the Peel is the heart of a great mountain ecosystem with a long cultural history, free-ranging wildlife and a rugged northern beauty. Encompassing over 67,500 square kilometres, the Peel Watershed dwarfs more famous landscapes, such as Banff and Yellowstone national parks–in size, unspoiled splendor and ecological integrity.

The Peel Watershed is one of North America's largest intact ecosystems–a region of mountains, deep canyons, plateaus, wetlands and rolling hills laced by rivers. The watershed is the northern anchor of the Yellowstone to Yukon Conservation Initiative, a broad-based international project to protect ecosystem connections for wildlife

Thomas R. Berger, O.C., Q.C. will argue a landmark constitutional case against the Government of Yukon on behalf of two Yukon First Nations and two environmental organizations in Yukon Supreme Court in Whitehorse, July 7-11, 2014.

Berger and his clients, the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Canadian Parks and Wilderness Society Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society (YCS), launched legal action January 27, 2014, to force the Government of Yukon to implement a Land Use Plan that would protect 54,000 square kilometres of wilderness in northern Yukon’s Peel River Watershed from mining and other industrial development. 

This plan was produced by the Peel Watershed Planning Commission after seven years of research and consultation, following a constitutionally mandated process under Yukon land claims agreements.  It recommends permanent protection of 55 per cent and interim protection for an additional 25 per cent, of the Peel watershed. Although the Commission’s plan is endorsed by the affected First Nations and has widespread public support, on January 21, 2014 the Government of Yukon adopted its own plan for the region, which opens up over 70 percent of the watershed to roads and industrial development.

“Yukon Government’s unilateral decision to accept their own plan for the Peel undermines our Final Agreements,” says Nacho Nyak Dun Chief Ed Champion. “Government’s decision is also creating uncertainty for resource companies who want to do business in the Yukon, and it makes meaningful business relations between First Nations and resource companies difficult.”

“The fresh water that the seven rivers of the Peel Watershed provide is by far the most valuable resource within the Peel,” says Tr’ondëk Hwëch’in Chief Eddie Taylor.  “Although we wanted 100% protected, we are willing to compromise and accept the Peel Commission’s Final Recommended Peel Watershed Regional Land Use Plan.  We will stand up for our rights in court - the Peel Watershed is sacred to us as it was to our ancestors, and we want it to be around for our grandchildren.”

More than 50 elders from Mayo, Dawson and Mackenzie Delta communities are expected to join First Nation leadership to witness the historic proceedings.

“We are excited by the tremendous public support there is for our case,” says CPAWS Yukon Executive Director Gill Cracknell. “The importance of protecting one of North America’s last remaining large-scale wilderness watersheds has united people across the Yukon, Northwest Territories and beyond. To honour the many people who have expressed an interest in being involved during the trial week, a number of events have been organized in Whitehorse and the communities, as well as on social media.”

“There is no social license for resource development in the parts of the watershed that the Peel Commission has recommended for protection,” says YCS Peel Watershed Coordinator Karen Baltgailis. “We encourage mining companies with claims in those parts of the Peel to show their good will by giving up their contentious claims and operating in other parts of the Yukon where they are welcome.”

Details about the trial, events, the Peel Protection campaign, the plaintiff’s and defendant’s Outline of Argument and the plaintiff’s statement of claim can be viewed at: http://www.protectpeel.ca/protect_peel_campaign.html

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A daily Peel Trial Blog has also been established that will feature a daily audio podcast summarizing the day’s events inside and outside the courtroom. Follow or join the conversation on Facebook, @CPAWSYukon,  #ProtectPeel

Events planned for the week of the trial include:
• July 7th:  12:30 – 1 p.m. a Silent Vigil for the Peel on the front steps of the Law Courts (2134 Second Ave., Whitehorse)
• July 10th: 7:00 p.m. Voices of the Peel – Together Today for our Children Tomorrow at the Kwanlin Dün Cultural Centre (1171 First Ave, Whitehorse): Elders and youth tell their stories, images, music and dancing.
• July 7 – 11th: noon – 1:00 p.m. Prayer Circle for the Peel at the Dänojà Zho Cultural Centre (1131 Front Street, Dawson City).

About the Peel River Watershed

Located at the northern end of the Rocky and Mackenzie Mountain Chain, the Peel River Watershed is a spectacularly rugged region defined by the Peel, Ogilvie, Blackstone, Hart, Wind, Snake and Bonnet Plume rivers. One of Canada's most striking and pristine mountain river watersheds, the Peel is the heart of a great mountain ecosystem with a long cultural history, free-ranging wildlife and a rugged northern beauty. Encompassing over 67,500 square kilometres, the Peel Watershed dwarfs more famous landscapes, such as Banff and Yellowstone national parks – in size, unspoiled splendor and ecological integrity.

The Peel Watershed is one of North America's largest intact ecosystems – a region of mountains, deep canyons, plateaus, wetlands and rolling hills laced by rivers. The watershed is the northern anchor of the Yellowstone to Yukon Conservation Initiative, a broad-based international project to protect ecosystem connections for wildlife.

Earlier today Mr. Justice Ron Veale of the Supreme Court of Yukon announced his decision in The First Nation of Nacho Nyak Dun et. al. v The Government of Yukon, the lawsuit concerning the Peel Watershed launched by the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Canadian Parks and Wilderness Society Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society (YCS).

In his reasons for judgment, Justice Veale agreed with the plaintiffs that Yukon Government violated the land use planning process laid out in the Umbrella Final Agreement (UFA) with respect to the Peel Watershed Land Use Plan.  The planning process will now return to the stage where Yukon Government ran it off the rails – the final round of consultation with First Nations and the public.  The court order constrains Yukon Government to the modifications they previously proposed but the question of the amount of land protected and the question of access are off limits.

Upon hearing today’s news Chief Ed Champion of the First Nation of Nacho Nyak Dun said, “We are very happy to see the courts honour and uphold the integrity of the Umbrella Final Agreement and Yukon First Nation agreements.  We want to thank Justice Veale for all of his hard work and the thought and time he put into this decision.”

“We’re thrilled with the decision,” says CPAWS Yukon Executive Director Gill Cracknell, “This is not just a victory for the plaintiffs, but for everyone who has given generously of their time, money, and voices to see the Peel Watershed protected.”

The plaintiffs launched the legal proceedings on January 27, 2014, alleging that Yukon Government broke with the land use planning process laid out in the UFA, and incorporated in all the First Nations Final Agreements in Yukon.  The plaintiffs sought to have the process set out in the UFA upheld and to see the planning through to a conclusion that would protect more than 54,000 square kilometres of wilderness in northern Yukon’s Peel River Watershed from mining and other industrial development.  The week of July 7 – 10th renowned lawyer Thomas R. Berger argued the landmark constitutional case in Yukon Supreme Court in front of a packed house.  The case was then continued on October 24th to accommodate a deeper discussion focused on remedy.

Christina Macdonald, Executive Director of the Yukon Conservation Society, explained, “This is not just a victory for the Peel, but for land use planning across the Territory.”

Chief Roberta Joseph of the Tr’ondëk Hwëch’in added, “The Peel River Watershed is as sacred to our people as it was to our ancestors, and through this decision today we have ensured it will remain so for our grandchildren.”

The details of a community celebration to honour this historic victory will be announced by the plaintiffs in the near future.

Statement prepared by Thomas Berger, Q.C. re Reasons for Judgement –The First Nation of Nacho Nyak Dun et al. v. Government of Yukon:

This is a remarkable judgment. The land use planning process in the Umbrella Final Agreement signed by Canada, Yukon First Nations and the Yukon Government in 1993, and entrenched in the Constitution has been vindicated.

The collaborative process for long-term land use planning provided for in the UFA is unique in that it does not allow the Yukon Government to exercise complete authority over land use planning. Instead, it enables First Nations and Yukoners to play an important part in land use planning.

The decade-long land use planning process for the Peel Watershed began with the work of the Peel Watershed Planning Commission. In 2009, the Commission recommended that 80% of the Peel Watershed (over 68,000 square kilometres in extent, situate in the traditional territories of the First Nation of Nacho Nyak Dun, the Tr’ondëk Hwëch’in, the Vuntut Gwitchin, and the Tetlit Gwich’in) be protected, with 20% open to industrial development. This balance was struck by the Commission after years of study and consultation with all parties and with Yukoners.

The Government of Yukon had an opportunity when the Recommended Plan came out, to consider its position. In 2011, the Yukon Government advised that it did not dispute the main recommendations of the Recommended Plan. As the Court has found, the Yukon Government offered “criticism”, but did not identify any specific changes to the Commission’s detailed Recommended Plan. The Court has found that these were too “vague and general” and that the Commission was justified in determining that these should not be treated as proposed modifications.

Nevertheless, at the 11th hour, the Yukon Government sought to cast aside the Commission’s plan, and substitute their own Government Plan, which left the matter of the amount of protected land almost wholly in their discretion.

As the Judge said at para. 216 “the Government of Yukon usurped the Commission’s role in the planning process and introduced new substantive proposed modifications that were neither consulted on [at the
appropriate stage] nor put to the Commission for consideration.” The Judge went on “the process the
Government has chosen, after seven years of collaboration, was a profound and marked departure from its previous approach.”

The Judge said at para. 221, these “statements of preference for more balance and access were too vague and general, and failed to give detail sufficient for the Commission to address them.”

In the result, the balance struck by the Commission, after consultation with the First Nations and
Yukoners, has been upheld. The Court has directed that the final consultation with First Nations and
Yukoners – which the Court has found was not fairly conducted by the Yukon Government – must be held again, but has also held that the Yukon Government does not have any authority at this final stage to derail the proceedings again.

The Umbrella Final Agreement provides for  a unique, community-based, collaborative land use planning process. The vindication of this process is a great victory for the First Nations, the environmental organizations, and all Yukoners. In the end, one of the world’s last great wilderness areas will protected.

The Yukon Government announced late yesterday that they would appeal Justice Veale’s decision in The First Nation of Nacho Nyak Dun et. al. v The Government of Yukon, the lawsuit concerning the Peel Watershed launched by the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Canadian Parks and Wilderness Society Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society (YCS).

Upon hearing this news Chief Ed Champion of the First Nation of Nacho Nyak Dun said, “It’s unfortunate that Yukon Government continues to create uncertainty for industry in Yukon by extending this process even further, but we are ready and willing to continue for as long as it is necessary to protect the integrity of our Final Agreements. We trust that the public and other First Nation governments will continue to stand with us to protect the Peel Watershed.”

“We won once, we believe we can win again,” added CPAWS Yukon Executive Director Gill Cracknell, “It’s shameful that Yukon Government continues to waste taxpayers’ money on a legal battle that is contrary to the will of the majority of the public – but if government refuses to stand up for the people we see no option but to continue to do so.”

The plaintiffs launched the legal proceedings on January 27, 2014, alleging that Yukon Government broke with the land use planning process laid out in the Umbrella Final Agreement (UFA), and incorporated in all the First Nations Final Agreements in Yukon.  The plaintiffs sought to have the process set out in the UFA upheld and to see the planning through to a conclusion that would protect more than 54,000 square kilometres of wilderness in northern Yukon’s Peel River Watershed from mining and other industrial development.  The week of July 7 – 10, renowned lawyer Thomas R. Berger O.C., Q.C. argued the landmark constitutional case in the Supreme Court of Yukon in front of a packed house.  The case was then continued on October 24 to accommodate a deeper discussion focused on remedy.  On December 2, 2014 Justice Ron Veale delivered his written decision in which he agreed with the plaintiffs.

Christina Macdonald, Executive Director of the Yukon Conservation Society, explained, “This is a betrayal of the thousands of people who have put their energy toward the protection of the Peel for so long.”

Chief Roberta Joseph of the Tr’ondëk Hwëch’in added, “We will defend the Peel as well as the principles of our Final Agreements, and the land use planning process promised to us in exchange for ceding Aboriginal title to 95% of our traditional territory. We ask that First Nations and non-First Nations people alike stand with us as we continue the fight to protect the Peel and preserve the integrity of our modern-day treaties.”

A rally will be planned for the New Year in reaction to Yukon Government’s announcement today as the plaintiffs wish to honour the public’s time with friends and family over the holiday break.

What: The Peel River Watershed case returns to court on Thursday, with Thomas R. Berger, O.C., Q.C., and the legal team for the respondents, defending against an appeal by the Yukon Government that the Yukon Supreme Court ruling by Justice Ronald Veale be dismissed. The court case will be heard at the Yukon Court of Appeal in Whitehorse, Aug 20-21, 2015.

Chief Justice Bauman, Madam Justice Smith and Justice Goepel are presiding over the case. The respondents are the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Vuntut Gwich’in First Nation, Canadian Parks and Wilderness Society (CPAWS) Yukon Chapter, and the Yukon Conservation Society. Their council includes Thomas Berger, Margaret Rosling, and Patricia Riley. The defendant is the Yukon Government and their council is John Laskin, John Terry, and Jonathan Roth with Torys LLP out of Toronto. The Interveners in this trial are the Gwich’in Tribal Council and their lawyer, Jeff Langlois.

Elders from Mayo, Dawson, Mackenzie Delta and Old Crow communities are expected to join First Nation leadership to witness the proceedings and will be in attendance at the events planned in support of the respondents.

Why: Thomas Berger and his clients, the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, Vuntut Gwich’in First Nation, CPAWS Yukon and YCS, launched legal action on January 27, 2014, to force the Government of Yukon to implement a Land Use Plan that would protect 54,000 square kilometres of wilderness in northern Yukon’s Peel River Watershed from mining and other industrial development.  In July, 2014, Thomas Berger argued the landmark constitutional case in the Supreme Court of Yukon and continued on Oct 24, 2014, to accommodate a deeper discussion focused on remedy.  In December, 2014, Yukon Supreme Court Justice Ronald Veale agreed with the Plaintiffs that the Yukon Government violated the land use planning process laid out in the Umbrella Final Agreement with respect to the Peel Watershed Land Use Plan and must return to the final round of consultation with the First Nations and the public. On Dec 30, 2014 the Yukon Government announced they were appealing Justice Veale’s decision.

Schedule for this week in Whitehorse:
 Aug 20, 21 Courthouse doors 8:30 am. Court case proceedings underway from 9-4 pm. Open to the public
 Aug 20, 21 Media will have reserved seating in the main court
 Aug 20 Water Ceremony for the Peel: Thursday from 12 noon – 1 pm. Front steps of the Yukon Law Court
 Aug 20 BBQ for the Peel: Thursday from 5pm - 8 pm. Official welcome at 6pm. Kwanlin Dun Cultural Centre (1171 First Ave, Whitehorse). Open to the public

Available for interviews:

• Simon Mervyn, Chief, Nacho Nyak Dun

• Roberta Joseph, Chief, Tr’ondëk Hwëch’in

• Roger Kyikavichik, Chief, Vuntut Gwich’in

• Gill Cracknell, Executive Director, Canadian Parks and Wilderness Society Yukon Chapter

• Christina Macdonald, Executive Director, Yukon Conservation Society

• Elders and youth attending events outside the courthouse

When: Thursday and Friday – before and after the court sessions and during recesses
Where: Yukon Law Courts (2134 Second Ave., Whitehorse)

Arrangements can also be made for phone interviews

Moment by moment updates and resources available for media:
 Twitter: #ProtectPeel  (including tweets direct from the court room)
 Podcasts and daily summaries of the proceedings will be captured each day https://peelwatershedtrial.wordpress.com
 Daily Images and video from events and court proceedings can be obtained via https://peelwatershedtrial.wordpress.com/
http://www.protectpeel.ca

August 21, 2015, Whitehorse, Yukon - In pouring rain 200 supporters arrived at the steps to the Yukon Law Court, yesterday, where the Peel Watershed Case is underway, to participate in a one hour long Water Celebration for the Peel.

Elders from the First nation respondents in the case - the First Nation of Nacho Nyak Dun, Tr’ondëk Hwëch’in, and Vuntut Gwich’in First Nation - along with fellow respondents, the Canadian Parks and Wilderness Society (CPAWS) Yukon Chapter and the Yukon Conservation Society, and public participated in a special ceremony involving the gathering of water collected by supporters from Yukon lakes, rivers and streams that have special meaning to the bearer.  During the ceremony these waters were be joined together in support of protection of the Peel Watershed and Justice Veale’s 2014 judgment concerning the region’s land use plan.

Over 350 vials were distributed to members of the public throughout the summer who brought waters from throughout the territory, including the major drainages of the Peel Watershed, to be mingled together during the ceremony.

During the evening BBQ over 300 people came together to witness the closing of the Water Ceremony for the Peel, where the waters were poured into the Yukon River.

Images from the day’s events in support of protecting the Peel, #ProtectPeel can be found here:
•        Water Celebration for the Peel https://db.tt/VF8Wmfss
•        BBQ evening event and closing of the Water Celebration https://www.dropbox.com/sh/5u9w2acgrrh6zji/AACjMXpCDv26YdGqN0iFrSroa?dl=0

A full recap of the day’s activities can be found here:
https://peelwatershedtrial.wordpress.com/2015/08/21/daily-summary-of-august-20th-peel-appeal/

Court proceedings resume today at 9 am PST and are expected to wrap up at 2pm.  Respondent lawyers anticipate it will take 3-4 months before a decision is made

Earlier today, Chief Justice Bauman, Madam Justice Smith and Justice Goepel of the Yukon Court of Appeal confirmed the Yukon Government failed to honour its treaty obligations with respect to the Peel Watershed Land Use Plan.

This ruling vindicates arguments advanced by the First Nation of Na-cho Nyäk Dun, Tr’ondëk Hwëch’in, Vuntut Gwitchin First Nation, Canadian Parks and Wilderness Society Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society (YCS) that land-planning provisions of the Umbrella Final Agreement (UFA) are binding on the Yukon Government. The Court further upheld the trial judge’s finding that the Yukon Government’s Plan for the Peel Watershed is a legal nullity.

With respect to the question of remedy, the Court of Appeal directed that the process should go back to the stage when the Yukon Government’s breach of the Final Agreements began. The Court found that this occurred back in February of 2011.

“We are pleased this judgment confirms what First Nations have been saying all along – our final agreements matter and must be respected,” said Tr’ondëk Hwëch’in Chief Roberta Joseph. “However, it is disappointing that the Yukon Government’s failure to appreciate their responsibilities under our UFA means more money and time will be spent on a planning process that should have been completed years ago and that we still lack clarity for the Peel.”

Chief Roger Kyikavichik of the Vuntut Gwitchin wants to see the Peel Land Use Plan through to completion. “This is not finished until we’ve concluded a final land use plan that we can all agree to,” he said. “We must ensure the integrity of this pristine ecosystem is protected for all time. Let’s be clear: we are not against development, but it must be done in an environmentally sensitive way. The water, land, environment, and the animals have to be protected for our children for the future.”

“The judgment of the Court of Appeal represents a major step in guaranteeing that land use planning in the Peel and elsewhere in Yukon proceeds according to the process laid down in the UFA,” said lead lawyer for the respondents, Thomas R. Berger, Q.C.

“However, the respondents are concerned about the Court of Appeal’s direction that, since the Government’s land use plan is of no legal effect, the planning process should go back to the stage (February 21, 2011) when Yukon Government advanced its proposed modifications to the Commission’s Recommended Plan. Justice Veale had held that Yukon Government should be bound by the modifications it proposed back in 2011 and that final consultation on the Commission’s Final Recommended Plan should now proceed. The Court of Appeal has turned the clock back to February 21, 2011, when Yukon Government proposed modifications to the Recommended Plan. We must consider the question of whether sending the matter back to an earlier stage in the process may allow Yukon Government to effectively implement the Yukon Government Plan, a plan which the Court has held is a nullity, by the back door.”

“This decision confirms again what the public has been saying all along, that government’s process was badly flawed,” said CPAWS Yukon Executive Director Gill Cracknell. “The public also deserves better than an order allowing government a redo at enormous expense of time and money to Yukoners.”

“The Appeal Court's ruling supports our constitutional rights under the UFA, but does little to ensure the Yukon Government respectfully listens to what we have to say,” says First Nation of Na-cho Nyäk Dun Chief Simon Mervyn. “Our trust has been seriously breached and we had hoped the Court would rule more decisively in our favour.”

The respondents and their legal team are carefully considering the Court’s direction that the matter be remitted back to an earlier stage and whether further steps should be taken.

“Support for protecting the Peel Watershed has been growing since day one of this court case,” said Yukon Conservation Society Executive Director Christina Macdonald. “Our numbers are going to continue to grow as we decide on our next steps and work together to protect this land that we love.” 

Find the Peel appeal decision here: http://tinyurl.com/qx837rz

After careful consideration of the Yukon Court of Appeal’s decision in the Peel Watershed case, the First Nation of Nacho Nyak Dun, the Tr'ondëk Hwëch'in, the Vuntut Gwitchin First Nation, CPAWS Yukon and Yukon Conservation Society have decided to apply for leave to appeal the decision to the Supreme Court of Canada.  

The application for leave to appeal will address the Yukon Court of Appeal’s ruling that the process for land use planning for the Peel Watershed should be sent back to the stage of consultation on the Recommended Peel Watershed Regional Land Use Plan, released in December 2009. The application will also seek leave to appeal the Yukon Court of Appeal’s interpretation of the procedure followed for land use planning in the Yukon under Chapter 11 of the Final Agreements between Canada, Yukon and Yukon First Nations.

The ruling of the Yukon Court of Appeal effectively returns the land use planning process to a stage completed approximately four years ago and allows the Yukon government to re-do its consultation with the First Nations and the public and then to choose whether to approve, reject or propose modifications to the Recommended Peel Watershed Regional Land Use Plan. In the application for leave to appeal the applicants will argue that this ruling was a mistake in law and that it does not uphold the integrity of the Final Agreements. The Yukon Court of Appeal also ruled that proposing modifications to a regional land use planning commission’s recommended plan does not preclude the Yukon government from rejecting the plan after final consultation. In the application for leave, the applicants will argue that this was a mistake in the interpretation of the Final Agreements and that it introduces substantial uncertainty in future land use planning processes in Yukon.

“This judgment, of the highest court in Yukon, will now govern land use planning not only in the Peel, but in every region of Yukon, as planning proceeds, for years to come,” stated lead lawyer for the respondents, Thomas R. Berger, Q.C., “It must be appealed.”

Chief Roberta Joseph of the Tr'ondëk Hwëch'in added to this, stating, “There are important questions that merit consideration by the Supreme Court of Canada.  We will continue doing all we can to protect the integrity of our agreements and the Peel.”

Interim Executive Director of CPAWS Yukon, Jill Pangman, spoke to the importance of the Peel Watershed to the public, stating, “In a world that's becoming increasingly industrialized and fragmented, the most valuable resource Yukon can offer is its wildness. Yukoners spoke loud and clear over the years of consultations. The majority want to see the Peel Watershed protected.  They recognize that the region's wilderness values, ecological integrity and remarkable landscape are far too precious to squander for short term monetary gain.”

"The Peel Watershed has been home to the Gwitch’in for millennia. Generations of both Vuntut and Tetlit Gwitch’in have been sustained by the life that has flourished here.  Of particular importance to the Gwitch’in Nation are the Porcupine caribou that migrate through the watershed each year.  Because of all of this we stand strong on seeking protection for the Peel,” added Chief Roger Kyikavichik of the Vuntut Gwitchin First Nation.
Looking beyond the Peel, to land use planning processes throughout the Territory, Yukon Conservation Society Executive Director Christina Macdonald said, “This court case is critical not only for protecting the Peel Watershed but for all future land use planning in the territory. This process allows all of us to have a say in how our natural environment is protected, developed and managed.  For this reason we are committed to seeing a just process upheld.”

Chief Simon Mervyn of the First Nation of Nacho Nyak Dun concluded with the words, “Our old people lived and survived off the land. They depended upon the animals and plants, the clean air and water. They understood that as humans we cannot own the land, but that it is our job to protect it.  We have seen the impact industry is having on the lands and waters of the Territory and we are determined that this will not happen in the Peel Watershed. "

Once the application is filed with the Supreme Court of Canada, the Yukon government will have 30 days to respond to the application for leave to appeal.  This will be followed by a further 10 days for the applicants to file any reply to the Yukon government’s arguments.  Three judges of the Supreme Court of Canada will then decide whether leave to appeal is granted.  A decision from the Supreme Court of Canada on whether to allow the application for leave to appeal may take a number of months.

We expect to file the application in the next few days.

First Nations & Yukon Environmental groups granted leave to take the Peel Watershed Case to the Supreme Court of Canada

On June 9th 2016, the Supreme Court of Canada gave notice that it will be hearing The First Nation of Nacho Nyak Dun et al v Government of Yukon, otherwise known as the Peel Watershed case. The case will be heard in Ottawa after leave to appeal to the Supreme Court of Canada was submitted by 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 in December 2015.

"We signed our Final Agreements with Canada and the Government of Yukon in 1993, and we came to the table again in good faith for the Peel Watershed consultations," said Chief Simon Mervyn of the First Nation of Na-Cho Nyak Dun. "We are pleased that Canada’s highest court recognizes the legally binding nature of these agreements and the national significance of this case.”

The Peel Watershed is home to the First Nation of Na-Cho Nyak Dun, the Tr'ondëk Hwëch'in, Vuntut Gwitchin First Nation, and the Tetlit Gwich'in Council.

“The Supreme Court’s decision confirms what we’ve maintained all along: there are significant legal questions raised by the Yukon Government’s conduct during the Peel planning process that deserve the Supreme Court’s—and Canada’s—attention,” Chief Roberta Joseph of the Tr'ondëk Hwëch'in said. “We are thankful for this opportunity and look forward to defending the integrity of our Final Agreements.”

Chief Bruce Charlie from the Vuntut Gwitchin First Nation expresses his elation on the decision.  He states: “This pristine wilderness, caribou habitat and eco systems is an essential element of our very existence, the integrity of our agreements will be clarified once and for all and will stand the test of time”.  

The Peel Watershed is one of the largest unspoiled natural areas in North America. At 68,000 km², it is larger than the entire province of Nova Scotia.

“The Peel River Watershed is a wild land in a world that is quickly losing its wilderness," added Yukon Conservation Society Executive Director Christina Macdonald, "We are looking to the Supreme Court of Canada to help us keep it that way.”

Six rivers flow through this landscape into the Peel River, which travels north to the Arctic Ocean via the Mackenzie River Delta. Grizzly bears, wolves, and caribou roam freely; migratory birds find sanctuary in the wetlands; and rare plant populations thrive.

Chris Rider, Executive Director of CPAWS Yukon, stated “The Supreme Court of Canada’s decision to hear this case shows that they recognize the value of the Peel Watershed. It is a treasure of international significance and it deserves protection. Beyond this, the final ruling will set a precedent for all future land use planning in the Yukon and the significance of that cannot be underestimated.”

Lawyer for the case Thomas Berger says the proponents are in a good position.

Mr. Berger stated, “It is important to remember that the Court of Appeal’s judgment upheld Justice Veale’s decision to set aside the Government of Yukon’s Peel Watershed Regional Land Use Plan of January 2014. The Court of Appeal held that the Government of Yukon failed to honour the letter and spirit of its treaty during the initial consultation with First Nations and Yukoners.

However, the Court of Appeal, instead of remitting the matter to the stage of final consultation (as Justice Veale had), remitted the planning process to the earlier stage at which the Government of Yukon, having received the Recommended Plan (back in 2010), was to consult with First Nations and affected communities and then approve, reject or propose modifications to the Recommended Plan.

The Court of Appeal’s judgment thus allows the Government of Yukon to go back to 2010 and to start the process over at the point when it received the Commission’s Recommended Plan. The Court of Appeal also held that the Government of Yukon had final authority at the end of the day to reject any plan resulting from the process.

We are now in a position to argue, before the Supreme Court of Canada, that on all of these points the judgement of the Court of Appeal should be set aside and Justice Veale’s judgement reinstated.“

Mr. Berger concluded: “We will now be moving the appeal forward as quickly as we can under the rules of The Supreme Court.”
The affected First Nations and environmental groups will be organizing public information events within Whitehorse and the communities in the weeks to come. Notice of these events will be widely circulated.
Stand with the First Nations and environmental groups in their work to protect the Peel Watershed by signing the new Peel Pledge, which was launched today on http://www.protectpeel.ca

Over 130 Peel supporters came together in Whitehorse last week to hear the latest on the Peel Watershed legal case. The event followed the Supreme Court of Canada’s announcement that the application for leave to appeal filed by CPAWS Yukon and its partners had been granted and that the case will be heard in Ottawa in 2017.

CPAWS Yukon’s Executive Director, Chris Rider, and David Neufeld from the Board of Directors of the Yukon Conservation Society joined the chiefs of the First Nation of Na-Cho Nyak Dun, the Tr’ondëk Hwëch’in and Vuntut Gwitchin First Nation on stage at the Yukon Beringia Interpretive Centre, while esteemed Aboriginal rights lawyer Thomas Berger participated via Skype. The event was organized to mark the latest milestone in the decades long journey to protect the Peel watershed from being largely opened up to industrial exploitation. Our appeal is based on the Yukon Government’s outright rejection – at the eleventh hour – of the Final Recommended Plan in 2014, in favour of its own back-door plan to open up 71% of the Peel to mining and oil and gas activity, despite the overwhelming opposition of the First Nations and Yukoners who had participated in the seven-year consultation process. 

Speaking live from Vancouver, Berger said: “We will ask the Supreme Court of Canada to reinstate Justice Veale’s judgment. We think it was the right approach,” referring to the 2014 Yukon Supreme Court decision that would prevent the government from reducing the level of protection identified in the Final Recommended Plan. Mr. Berger did not understate the importance of the upcoming Supreme Court of Canada decision. “It will determine the course of land use planning in the Yukon over the next 50 years,” he remarked.

The First Nations chiefs and representatives from the conservation groups each spoke passionately about the significance of the case being heard by the country’s highest court, while photos of significant moments in the campaign’s history streamed in the background, including the elders gathering and the water ceremony.

Chris Rider reminded the audience that in its submission, the Yukon Government urged the Supreme Court of Canada not to hear the case because, in its words, “this is not an issue of public or national importance.” The court’s decision to hear the appeal means that they – like us – obviously disagree.

David Neufeld, Secretary on the Board of Directors of the Yukon Conservation Society, commented on the connection between the ecological importance of the Peel and respect for First Nations rights. “The government’s refusal to accept the [final recommended] plan not only undermines the pristine natural value of the Peel country, but also threatens the cultural compact between First Nations and newcomers that makes our territory such a special place to live,” he said.

The First Nations chiefs reflected on how this case goes to the very heart of the final agreements they spent decades negotiating with the government.

The newly elected chief of the Vuntut Gwitchin First Nation, Bruce Charlie, said: “We are not opposed to sustainable development, but we will stand strong and united for the protection of the resources in which we have an obligation to effectively manage as defined in our UFA.”

Tr’ondëk Hwëch’in Chief, Roberta Joseph, said that her citizens would prefer to be working to implement the Peel Watershed Planning Commission’s plan instead of appealing to the courts to uphold the integrity of their agreements. “We would rather be living with the vision of the important natural area that the Yukon public spent countless hours sharing with us during numerous community sessions and consultations,” she said.

Chief Simon Mervyn of the First Nation of Na-Cho Nyak Dun concluded by speaking about the unity that exists between the First Nations and environmental groups on the need to protect the Peel. “Our ancestors entrusted us to keep the land, the animals, the rivers and the wilderness as pristine as we were given it to manage when we signed our final agreements,” he remarked.

People in the audience, as well as those watching online from home or from community hubs set up in Mayo, Dawson and Inuvik, had the opportunity to ask questions of the panel. There was interest in how the outcome of the upcoming territorial election could influence things, and in how the Supreme Court has ruled in the past on cases relating to First Nations rights. Given the public accessibility of the hearing, one audience member also suggested that Yukoners charter a flight to Ottawa.

The final comment of the evening went to Jimmy Johnny, a Na-cho Nyak Dun elder, who said: “I have been out there in the Peel watershed from 1958 to 2010 every year from July to October. My brother, sister, mother, dad, and uncle also. To the Government of Yukon, please do not destroy our history.”

The Supreme Court of Canada is likely to hear the appeal in the early months of 2017, though a final date has yet to be set. CPAWS Yukon will provide ongoing updates as we prepare to go to Ottawa.

In September 2016, the globally-read UK newspaper the Guardian featured a stunning gallery of Peel Watershed images. View it on the Guardian website.

On October 19, 2016, the appellants in the Peel Watershed case (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) filed their factum (written argument) in the Supreme Court of Canada.

Thomas Berger Q.C., legal counsel for the appellants, stated: “If allowed to stand, the reasoning of the Yukon Court of Appeal will inevitably undermine the careful balance between the respective roles in future decision-making of non-Aboriginal Governments and Aboriginal peoples that has been so assiduously negotiated and set out in the Yukon First Nation Final Agreements, and in similar modern treaties across Canada. For the future of the Peel Watershed and for all land use planning to come in the Yukon, we are respectfully requesting that the Supreme Court of Canada set aside the judgment of the Court of Appeal of Yukon, and restore the judgment of the Supreme Court of Yukon.”

Chief Roberta Joseph of the Tr'ondëk Hwëch'in stated: “Two courts have ruled that Yukon government undermined the integrity of our Final Agreements. We appreciate the opportunity to have our case heard by the Supreme Court of Canada; their final decision will provide certainty for the land-use-planning-approval processes in the Territory and set a precedent for the country. We hope their decision will reverse the harm made by the Court of Appeal and ensure the intent of our Agreements is upheld.”

Chris Rider, Executive Director of CPAWS Yukon, added: “Yukoners need to know that the land use planning process hears their voices and that the process cannot be undermined at the last minute. That’s why we’re so pleased with the strong arguments that Mr. Berger has prepared.”

Chief Simon Mervyn of the First Nation of Na-Cho Nyak Dun spoke to the national significance of the case: “Our Final Agreements have stood the test of time and will continue to prevail. We have been patient but it is time for us to see the commitment to act in good faith that was at the table when we signed our Final Agreements with Canada and the Government of Yukon in 1993.”

Christina Macdonald, Executive Director of the Yukon Conservation Society, reflected on the upcoming territorial election: “One of the first orders of business for the political party that is elected on November 7 will be to go to Ottawa and have the Yukon government’s actions judged by the Supreme Court of Canada.” She continued, “Nine judges will ultimately make the decision but the whole country and supporters around the world will be watching.”

Vuntut Gwitchin First Nation Chief Bruce Charlie stated: “We are proud to join with the Yukon First Nations, the Tetlit Gwich’in of the Northwest Territories and the environmental groups in a united front and share with Canada our work to protect the wildlife, the land and our Indigenous rights.”

The Council of Yukon First Nations (CYFN) will be applying to the Supreme Court of Canada for leave to intervene in support of the appellants. On the decision of CYFN to seek intervener status in the Peel Watershed case, CYFN Grand Chief Peter Johnston stated: “We stand firmly to support the First Nations involved in legal proceedings of the Peel Watershed case. CYFN is seeking to intervene in the court case as it is important to protect the integrity of our Umbrella Final Agreement and Final Land Claims Agreements in the Yukon.”

The Yukon government now has two months to submit its response to the appellants’ factum. It is anticipated that the Gwich’in Tribal Council will seek leave to intervene in support of the appellants.

Stand with the First Nations and environmental groups in their work to protect the Peel Watershed by signing the Peel Pledge

The 2016 Yukon Territorial Election could be a turning point for the Protect the Peel campaign. Sandy Silver and the Yukon Liberals won a majority government, coming into power on the strength of a promise to implement the Final Recommended Plan for the Peel. This plan emerged from the democratic land-use planning process with the support of affected First Nations, conservation groups, and the large majority of the public. It would make 80% of the watershed off-limits from road access and industrial development. But it was rejected by the former Yukon Government in favour of its own unilateral plan to open up 71% of the Peel to development. 

The incoming government made its support for Peel protection one of the cornerstones of its campaign, reiterating the pro-Peel position in its platform, at the CPAWS/YCS hosted Environment Forum and on social media. In its own words: "A Liberal government will accept the final report of the original Peel Land Use Planning Commission." We look forward to supporting the Yukon Government in delivering its election promise. As there is a Supreme Court Case ongoing, there remain questions about the timeline and mechanism for implementing the Final Recommended Plan. But the road ahead looks promising.

The Final Recommended Plan was the result of the land use planning process that is constitutionally mandated in the agreements between Yukon First Nations, Yukon, and Canada. The Final Recommended Plan not only reflects the views and needs of Yukon First Nations, it will protect the ecological integrity of one of the largest remaining intact ecosystems in North America, one of Canada's true national wonders. 

At the outset of the election, CPAWS and YCS promised to take unprecedented action to make environmental issues a priority in the election and ensure that all parties had to make their environmental platforms clear. The organizations mobilized supporters to speak up and stand up for the Peel. 'Vote for the Peel' doorhangers were distributed to every household in the territory, which were proudly displayed in communities from Dawson City to Mayo. Our election video spotlighting the annual migration of the Porcupine Caribou Herd from their wintering grounds in the Peel was viewed 12,000 times. 

We also knocked on the doors of over 1000 households in Whitehorse, holding conversations with voters about the environmental issues that matter to them. Not surprisingly, protecting the Peel came up the most. One election poll included great insight into voters' attitudes towards the Peel, with only 8% of respondents favouring widespread resource extraction in the watershed. 

The incoming Yukon Liberal Government committed to accepting the Final Recommended Plan of the original Peel Watershed Planning Commission and was explicit about this during the campaign. Read a statement from YCS and CPAWS about the government's promise for the Peel here. 

YCS and CPAWS thank everyone for their support during the campaign to put the Peel high on the agenda. 

Sandy Silver's government was elected on a clear promise to accept the Final Recommended Plan of the original Peel Watershed Planning Commission. This plan was the result of years of consultation; it was supported by the affected First Nations and the majority of the Yukon public; and it would protect 80% of the Peel watershed from roads and industry. Since coming into power, the Premier has repeated this promise in the mandate letters he issued to Ministers, as well as in a recent interview. At a press conference to announce the submission of its written argument to the court, the Yukon Government appeared more ambiguous about its commitment to the Peel, but the official written statement included the following:

“The Yukon government continues to support the principles of the final recommended plan developed by the original Peel Watershed Planning Commission."

You can watch the video of the government's press conference here.

The Supreme Court's decision will provide direction for getting land use planning back on track and the steps that must be taken to complete the Peel planning process. But regardless of what the Supreme Court decides, having the Yukon Government stand up for the original Final Recommended Plan will help us ensure the Peel is protected. It is our continued expectation that the government will follow through with its commitments on the Peel. We will be working hard to hold them to their word. 

On Jan 21, 2014, the previous Yukon Government announced that the Peel was 'open for business' by adopting its own unilateral plan to open 71% of the watershed to industrial development. Three years ago to this day, legal action was launched as YCS and CPAWS Yukon joined forces with the First Nation of Nacho Nyak Dun and the Tr'ondëk Hwëch'in to take the government to court over its betrayal of the land use planning process and its plans to develop this unspoiled watershed ecosystem steeped in cultural history.

Now, we are just two months away from having this dispute heard by the highest court in the land. Vuntut Gwitchin First Nation is now part of the case, with support from the Tetlit Gwich'in Council and the Council of Yukon First Nations. The new Yukon Government has said it wants to implement the Final Recommended Plan. Thank you for your support as we continue to stand up and demand a just outcome for the Peel Watershed.

Image: Peel rally at the Yukon Legislature, January 29, 2014 (T. Kuhn)

Supreme Court of Canada Events

After a long legal campaign, the Peel case will be heard at the Supreme Court of Canada in Ottawa on March 22, 2017. Email us for additional information about any of these events

*You can watch a webcast of the Supreme Court hearing LIVE. Click here (click on 'Live' beside the 2017-03-22 hearing, First Nation of Nacho Nyak Dun, et al. v. Government of Yukon (Yukon Territory)).

OTTAWA EVENTS
If you are planning to attend the Supreme Court of Canada hearing in Ottawa, here are a few things to know:

• The hearing is between 2-3 hours long and will take place on March 22 starting at 9:30am Ottawa time.

• Public seating in the courtroom is based on a first-come, first-served basis. There is the possibility of overflow room being opened to the public to watch the hearing on TV.

Water Ceremony for the Peel Watershed

Wednesday, March 22, 6:30am, Victoria Island | 7am, Supreme Court of Canada 
Yukon and Ontario First Nations will hold a water ceremony to commemorate the Peel case being heard by the Supreme Court of Canada. The ceremony will be performed by grandmothers from the Kitigan Zibi Anishinabeg First Nation. All are welcome. All women may join the ceremony and are asked to wear skirts. The ceremony will begin at 6:30am at Victoria Island with the lighting of a Sacred Fire, and will proceed to the Supreme Court steps at 7:00am. Members of the public are invited to meet at either location.

Supreme Court of Canada Hearing

Wednesday, March 22, 9:30am EST, Supreme Court of Canada, 301 Wellington Street, Ottawa ON K1A 0J1
- Webcast link
- Press conference to follow at 1:30pm EST, Charles Lynch Room, Centre Block, Parliament Hill
- Possible group photo on the Supreme Court steps for Yukoners

Peel Portrait Gallery Reception

Wednesday, March 22 | 5pm: Public Reception
SAW Gallery, 61 Nicholas St, Ottawa ON K1N 7B9

On March 22, there will be a reception for the CPAWS and YCS portrait project: Protecting the Peel Watershed: Voices from Canada's North. The exhibit features the faces and words of people who have a deep connection to the Peel Watershed. The public reception will include a Q&A with the curators and featured individuals. The exhibit will be open from March 20-31 in Ottawa, and then will travel to the Yukon at a later date.
More information on Facebook

Protecting the Peel Watershed: Indigenous rights, conservation and the law

Thursday, March 23 at 3pm, Carleton University, 252 MacOdrum Library, 1125 Colonel By Dr., Ottawa ON k1S 5B6

This panel discussion featuring Thomas Berger and representatives from the First Nations and environmental groups will bring the story of the Peel Watershed case to a university audience. It coincides with the Berger Inquiry Exhibit, being displayed at Carleton University at the same time. This event is free, but seating is limited to 100, so please register here as soon as possible.

WHITEHORSE EVENTS

The Peel Goes to Ottawa: Yukon Send-Off

Sunday March 19 at 3-5:30pm, Kwanlin Dün Cultural Centre
Listen to First Nations chiefs bring words from their communities; enjoy dessert and live music; and reflect on the journey we've taken together.
More information on Facebook

Supreme Court of Canada Hearing: Live Whitehorse Viewing

Wednesday, March 22 at 6:30am, Kwanlin Dün Cultural Centre
Gather with others to watch the live broadcast of the Supreme Court hearing from Ottawa. This will be a drop-in event with light food provided. Join for a portion or the entire hearing. 
More information on Facebook

Peel Retrospective Exhibit

March 19-22, Kwanlin Dün Cultural Centre (Elders' Studio)
A display of past Protect the Peel campaign materials will be set up for the public to enjoy. The exhibit will be open from the Yukon Send-Off on March 19 until the Supreme Court of Canada hearing on March 22 and available to view during the Centre's regular operating hours. 
More information on Facebook

First Nations and Conservation Groups Bring Yukon Government to Supreme Court in Fight for the Peel Watershed
Dispute over land use planning process for the vast, unspoiled Peel Watershed

March 20, 2017 (Ottawa) — The Supreme Court of Canada will hear Wednesday from First Nations and conservation groups fighting to protect a vast northern watershed from being carved up by mining, drilling and roads. This is the final step in a long legal fight against the Yukon government, which previously sought to open 71% of the watershed up to industrial development. An independent planning commission had recommended that 80% of the watershed be protected.

The Yukon Supreme Court ruled in 2014 that the Yukon government had breached its Final Agreements with First Nations during the land use planning process for the Peel Watershed. The Yukon Court of Appeal upheld this finding in 2015 but ordered a remedy that set a dangerous precedent for future land use planning in the Yukon and beyond. The appellants (the First Nations of Na Cho Nyäk Dän, Tr’ondëk Hwëch’in, and Vuntut Gwitchin, along with CPAWS Yukon and the Yukon Conservation Society) are asking that the 2014 ruling be upheld.

The Peel Watershed is the traditional territory of the above Yukon First Nations and the Teetl’it Gwich’in in NWT, for whom the pure rivers and majestic mountains of the Peel Watershed have provided physical and cultural nourishment since time immemorial. It is home to grizzly bears, caribou and other iconic northern species. At 68,000 square kilometres, the Peel is larger than Nova Scotia and 10x larger than Banff National Park. This wild place also contains deposits of oil, gas, coal, uranium and other minerals and is under threat from industrial development.

Water Ceremony & Welcome
Wednesday, March 22
6:30 a.m. ET: Lighting of sacred fire, Victoria Island
7 a.m. ET: Welcome and Water Ceremony, steps of Supreme Court (301 Wellington St.)

Supreme Court Hearing
When: Wednesday, March 22, 9:30 a.m. – 12 p.m. ET
Where: Supreme Court of Canada, 301 Wellington St., Ottawa
Live webcast: http://www.scc-csc.ca/case-dossier/info/hear-aud-eng.aspx 

Press Conference
When: Wednesday, March 22, 1:30 p.m. ET
Where: Charles Lynch, Parliament Hill
Who:

Thomas Berger, renowned Indigenous rights lawyer
Appellants:

Chief Roberta Joseph, Tr'ondëk Hwëch'in First Nation
Chief Simon Mervyn, First Nation of Na Cho Nyäk Dän
Chief Bruce Charlie, Vuntut Gwitchin First Nation
Chris Rider, Executive Director, CPAWS Yukon
Christina Macdonald, Executive Director, the Yukon Conservation Society

Live feed of press conference will be available on Facebook.

Professional photographs will be uploaded throughout the day to this Dropbox link, where legal documents and background resources are also available.

The Supreme Court of Canada website has a brief summary of the case and the hearing can be viewed live online (click 'Live' beside the 2017-03-22 hearing, First Nation of Nacho Nyak Dun, et al. v. Government of Yukon (Yukon Territory)). Follow @ProtectPeel on Twitter for a live feed from the SCC hearing.

March 22, 2017 — Ottawa, ON

Today, on World Water Day, the Supreme Court of Canada heard from First Nations and conservation groups fighting to ensure the protection of one of the largest intact ecosystems in North America, the Peel Watershed in northeastern Yukon. The landmark case is the culmination of a contentious land dispute in which the previous Government of Yukon derailed the planning process mandated in the Yukon’s modern-day treaties, and forced through its own plan to industrialize over 71% of the 68,000 km2 Peel Watershed, to the outcry of First Nations and the public.

Renowned Indigenous rights lawyer, Thomas Berger, is representing the appellants: Tr'ondëk Hwëch'in First Nation, the First Nation of Na Cho Nyäk Dän, Vuntut Gwitchin First Nation, CPAWS Yukon, and the Yukon Conservation Society. The Gwich’in Tribal Council, the Council of Yukon First Nations, and the Government of Canada are intervening. Berger requested today that the Supreme Court of Canada set aside the previous judgment of the Court of Appeal of Yukon, and restore the judgment of the Supreme Court of Yukon. The ruling will be announced in three to nine months and will have national implications for the interpretation of modern treaties.

Chief Roberta Joseph of the Tr'ondëk Hwëch'in stated: “Two courts have ruled that Yukon government undermined the integrity of our Final Agreements. We appreciate the opportunity to have our case heard by the Supreme Court of Canada; their final decision will provide certainty for the land-use-planning-approval processes in the Territory and set a precedent for the country. We hope their decision will reverse the harm made by the Court of Appeal and ensure the intent of our Agreements is upheld.”

Chief Simon Mervyn of the First Nation of Na Cho Nyäk Dän spoke to the national significance of the case: “Our Final Agreements have stood the test of time and will continue to prevail. We have been patient but it is time for us to see the commitment to act in good faith that was at the table when we signed our Final Agreements with Canada and the Government of Yukon in 1993.”

Vuntut Gwitchin First Nation Chief Bruce Charlie stated: “We are proud to join with the Yukon First Nations, the Teetl’it Gwich’in of the Northwest Territories and the environmental groups in a united front and share with Canada our work to protect the wildlife, the land and our Indigenous rights.”

Chris Rider, Executive Director of CPAWS Yukon, said: “There is not much true, unspoiled wilderness left in the world, and for that reason the Peel is globally significant. Yukoners made it clear over and over again that they want maximum protection in the Peel, and we are here on their shoulders to secure a conservation victory that all Canadians can be proud of.”

Christina Macdonald, Executive Director of the Yukon Conservation Society, said: “If we want everyone to trust the land use planning process, if we care about shared stewardship of northern lands, if we hope to build a future together, this judgment matters.”

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Media Contacts

Julia Duchesne, outreach@yukonconservation.org, 250-507-1453

Heather Badenoch, heather@villagepr.ca, 613-859-8232

Background

The Peel Watershed is the northern anchor for the Yellowstone to Yukon conservation corridor, providing increasingly crucial habitats to iconic and rare species as climate change and habitat loss threaten North American wildlife.

A seven-year planning process, laid out in the land claims agreements signed between Yukon First Nations and the federal and territorial governments, had produced a Final Recommended Plan to keep 80% of the Peel Watershed off-limits to roads and industry. However, in 2014, the Yukon Government rejected this plan in favour of its own plan to open up over 71% of the Peel Watershed to roads, mining and drilling. This move derailed the land-use planning process that is specified in the Yukon’s modern-day treaties with First Nations.

This sparked a three-year legal battle between a coalition of affected First Nations and environmental groups, against Yukon government over the future of the Peel Watershed and the integrity of the land use planning provisions in Yukon First Nation Final Agreements.

The Peel Watershed case was initially heard by the Supreme Court of Yukon in 2014 and then again by the Court of Appeal of Yukon in 2015. The interpretation of Chapter 11 of the Yukon First Nation Final Agreements is central to the case. Both Yukon courts found that the Government of Yukon failed to honour its obligations under the Final Agreements during the Peel Watershed land use planning process.

Where the courts differed was on the remedy for the Government of Yukon’s breach of the land use planning provisions in the Final Agreements. The Supreme Court of Yukon ordered that the land use planning process should be returned to the stage of final consultation with the First Nations and affected communities. Further, the ruling prevented the Government of Yukon from introducing new modifications to the Final Recommended Plan. However, the Court of Appeal of Yukon ordered that the process should be sent back to an earlier stage of consultation, which would allow the Government of Yukon to advance entirely new modifications to the Plan.

The Court of Appeal also ruled the Government of Yukon has the right, at the end of the day, to reject the entire Peel Watershed Final Recommended Plan. From the perspective of the First Nations and conservation groups, this would render the whole land use planning process under the First Nation Final Agreements meaningless. This is why, despite the newly elected Yukon government’s commitment to implementing the Peel Watershed Final Recommended Plan, the Appeal ruling has been brought before the Supreme Court of Canada.

To recognize the significance of the Peel legal case being heard at Supreme Court of Canada and the long struggle for the land’s protection that preceded it, CPAWS Yukon and the Yukon Conservation Society (YCS) collaborated with the First Nation of Na Cho Nyäk Dän, the Tr'ondëk Hwëch'in, Vuntut Gwitchin First Nation, and the Tetlit Gwich'in Council to create a photo exhibition.

PROTECTING THE PEEL WATERSHED: VOICES FROM CANADA'S NORTH explores the diversity of reasons why so many people value the Peel Watershed and have continued to fight for its protection. The show is a product of interviews and photoshoots conducted in the four communities surrounding the Peel Watershed: Mayo, Dawson City, Old Crow, and Fort McPherson, as well as in Yukon’s capital city of Whitehorse. Short excerpts from individual interviews are presented alongside stunning photographs from Yukon photographers Cathie Archbould and Peter Mather. Feel free to visit our mini-gallery to see a sample of the exhibit.

After its March debut at the SAW Gallery in Ottawa, the show has hit home soil and is making its tour of the communities involved in its creation. 

Past and Upcoming Tour Dates

May 21, 2017 - Old Crow,  Community Hall

June 20, 2017 – Mayo, Tony’s Pizza

August 21, 2017 – Fort McPherson, Community Hall

October 16-30, 2017 – Dawson, Dänojà Zho Cultural Centre

Please don't hesitate to email us for additional information about the exhibit or the tour.

The day we've been waiting for has arrived... we will hear the Supreme Court of Canada judgement on the Peel Watershed case this Friday, Dec. 1.

The SCC will release the judgement at 9:45am EST. The ruling will be posted online here.  We will be holding a press conference at 1pm EST at the Charles Lynch Press Gallery in Ottawa, with a summary of the decision and statements from our legal team, the First Nation of Na-Cho Nyäk Dän, Tr’ondёk Hwёch’in, Vuntut Gwitchin First Nation, CPAWS Yukon, and the Yukon Conservation Society. The press conference will be livestreamed on YouTube here.

Lawyer Thomas Berger will make a statement at approximately 1:30 pm EST (10:30 am Yukon time) on Facebook Live here (to watch without a Facebook account, choose 'Not Now' when asked to make an account).

Gather with your community  to watch a live viewing of this historic event.  Details on each community gathering will be posted below as they are confirmed. Please note that the timing of the viewing varies based on location.

Whitehorse
Come to the Kwanlin Dun Cultural Centre at 10am Yukon time (PST) to watch the press conference live.

Tetlit Zheh (Fort McPherson)
Time: Friday, December 1 at 11am MST
Location: Fort McPherson Hamlet Council Chambers
Organiser: DGO - Anita Koe

Dawson City
Time: Friday, December 1 at 10am Yukon time (doors open at 9)
Location: Dänojà Zho Cultural Center
* Prayer Circle at TH Hall Thursday November 30, 3:30pm

Mayo
Time: Friday, December 1 at 10am Yukon time
Location: NND Government House, Multi Purpose Room
Organizer: NND Government

Landmark Supreme Court decision on threatened Yukon wilderness and modern treaties to be released Friday

November 27th, 2017

This Friday, the Supreme Court of Canada will release a ruling that will determine the fate of the Yukon’s Peel Watershed, one of the largest intact ecosystems in North America, and the future of land use planning in the territory.  A press conference will take place following the release of the ruling.

Who:  Chief Roberta Joseph (Tr'ondëk Hwëch'in First Nation), Chief Simon Mervyn (First Nation of Na Cho Nyäk Dän), Chief Bruce Charlie (Vuntut Gwitchin First Nation), Christina Macdonald (Yukon Conservation Society) and Chris Rider (Canadian Parks and Wilderness Society, Yukon Chapter)

When: Friday, 1 pm EST on Friday, December 1st.

Where: The Canadian Parliamentary Press Gallery’s Charles Lynch Room, Ottawa. Livestream available here. Lawyer Thomas Berger will make a statement at approximately 1:30 pm EST (10:30 am Yukon time) on Facebook Live here (to watch without a Facebook account, choose 'Not Now' when asked to make an account).

About the Ruling: The landmark case is the culmination of a contentious land dispute in which the previous Yukon government derailed the planning process mandated in Yukon’s modern-day treaties, and forced through its own plan to industrialize over 71% of the 68,000 km2 Peel Watershed to the outcry of First Nations and the public. The Supreme Court ruling will require a landmark interpretation of Yukon’s First Nations Final Agreements and could set a precedent for land use planning across the entire country. Renowned Indigenous rights lawyer, Thomas Berger, represented the appellants —Tr'ondëk Hwëch'in First Nation, the First Nation of Na Cho Nyäk Dän, Vuntut Gwitchin First Nation, CPAWS Yukon, and the Yukon Conservation Society — on March 22nd of this year. For more information about the Peel Watershed and the Supreme Court of Canada case visit protectpeel.ca.

The ruling will be posted here on Friday, Dec 1.

Media Contacts:

Heather Badenoch at heather@villagepr.ca, 613-859-8232
Nadine Sander-Green at nsander-green@cpawsyukon.org, 867-335-9758
Julia Duchesne at outreach@yukonconservation.org, 250-507-1453

For resources including professional photos of the Supreme Court hearing in March 2017, photos, past news stories, press releases, and legal documents, please visit this Dropbox link.

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Background

The Peel Watershed is roughly the size of the Republic of Ireland. The watershed is the northern anchor for the Yellowstone to Yukon conservation corridor, providing increasingly crucial habitats to iconic and rare species as climate change and habitat loss threaten North American wildlife.

A seven-year planning process, laid out in the land claims agreements signed between Yukon First Nations and the federal and territorial governments, had produced a Final Recommended Plan to keep 80% of the Peel Watershed off-limits to roads and industry. However, in 2014, the Yukon government rejected this plan in favour of its own plan to open up over 71% of the watershed to roads, mining and drilling. This move derailed the land use planning process that is specified in Yukon First Nation Final Agreements.

This sparked a three-year legal battle between a coalition of affected First Nations and environmental groups, against Yukon government over the future of the Peel Watershed and the integrity of land use planning provisions in the Final Agreements. The case was initially heard by the Supreme Court of Yukon in 2014 and then again by the Court of Appeal of Yukon in 2015. The interpretation of Chapter 11 of the Final Agreements is central to the case. Both Yukon courts found that the Government of Yukon failed to honour its obligations under these agreements.

Where the courts differed was on the remedy for Yukon government’s breach of process. The Supreme Court of Yukon ordered that the land use planning process should be returned to the stage of final consultation with the First Nations and affected communities. The ruling also prevented the Yukon government from introducing new modifications to the Final Recommended Plan. However, the Court of Appeal of Yukon ordered that the process should be sent back to an earlier stage of consultation, which would allow the government to advance entirely new modifications to the Plan and unwind years of progress. The Court of Appeal also ruled the government has the right, at the end of the day, to reject the entire Peel Watershed Final Recommended Plan. This would throw out years of work and, from the perspective of the First Nations and environmental groups, render the whole land use planning process under land claim agreements meaningless.

Renowned Indigenous rights lawyer, Thomas Berger, represented the First Nations and environmental groups at the Supreme Court on March 22 of this year. Berger argued the court set aside the judgment of the Court of Appeal and restore the Supreme Court of Yukon’s ruling, as it upholds the integrity and the spirit of the Final Agreements.

Read the ruling in full here.

December 1, 2017 — Ottawa, ON — Yukon First Nations and environmental groups have won a landmark Supreme Court case. The judgment released today upholds a land use plan that protects the majority of the Peel Watershed in northeastern Yukon. It’s a massive victory for Yukon First Nations and cause for environmental celebration on a global scale.

The court was asked to rule on two points:

• The correct remedy for the Yukon government’s derailment of the land use planning process.

• Whether parties to a land use planning process can reject a recommended plan at the final stage in the planning process.

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. 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 Peel Watershed is one of the largest unspoiled natural areas in North America. The 68,000 km2 of rugged wilderness, larger than Nova Scotia, lies within the traditional territories of three Yukon First Nations — Tr'ondëk Hwëch'in First Nation, the First Nation of Na Cho Nyäk Dän, Vuntut Gwitchin First Nation — as well as the Tetlit Gwich’in in the neighbouring Northwest Territories, who have relied on the watershed for physical and cultural nourishment for millennia.

Today’s ruling is the culmination of a three-year legal battle between a coalition of the affected Yukon First Nations, who partnered with the Canadian Parks and Wilderness Society, Yukon Chapter (CPAWS Yukon) and the Yukon Conservation Society (YCS) to take Yukon government to court over its breach of the First Nations Final Agreements during the land use planning process.

Although the new Yukon government has promised to accept the Final Recommended Plan, which protects 80% of the watershed, today’s ruling sets a precedent for how modern treaties will be interpreted across Canada for decades to come.

Quotes

“For many years, we’ve been on a path to hold the Yukon Government accountable for promises made during the land claims process. We’ve been working hard towards protecting an area valuable to our First Nations people and so many other Yukoners. I am extremely pleased to be finally arriving on a path of certainty. The Supreme Court of Canada has upheld our treaty agreements and this is the outcome we were hoping for. This is a victory for our modern-day treaties and the collaborative planning processes promised for Land Use Planning. We look forward to working with the present government on the next steps outlined by the court.”
Chief Roberta Joseph, Tr'ondëk Hwëch'in First Nation

“I want to thank Yukoners and Canadians for all the support in protecting the integrity of our Final Agreements. The agreements were designed for us to protect the environment, and now we will work in unity, for the animals, the land and the people. As we move forward, we hope that Canadians and Yukoners will plan for the betterment of humanity. I’m looking forwards to coming home to celebrate.”
Chief Simon Mervyn, First Nation of Na Cho Nyäk Dän

“We have always been responsible stewards of our Traditional Territory even in the face of adversity and uncertainty. We are pleased that the Court agrees that the path towards reconciliation requires honourable implementation of the spirit and intent of our Final Agreements.”
Chief Bruce Charlie, Vuntut Gwitchin First Nation

“Today is an incredible day for Canada’s wilderness! Thanks to the Supreme Court of Canada’s ruling, the future of this extraordinary landscape now looks much brighter. We’re grateful that future generations will be able to enjoy the land as we do today, and that the wildlife that thrives in the Peel Watershed will continue to have a home.”
Chris Rider, Canadian Parks and Wilderness Society, Yukon Chapter

“The land use planning process, negotiated in modern-day treaties, brought people together for a common goal — protection of the sacred Peel Watershed — and allowed us to stop a government gone off the rails. It is a vital democratic process that must be defended. And that is what we have accomplished today.”
Christina Macdonald, Yukon Conservation Society

Background

The Peel Watershed is the northern anchor for the Yellowstone to Yukon conservation corridor, providing increasingly crucial habitats to iconic and rare species as climate change and habitat loss threaten North American wildlife.

A seven-year planning process, laid out in the land claims agreements signed between Yukon First Nations and the federal and territorial governments, had produced a Final Recommended Plan to keep 80% of the Peel Watershed off-limits to roads and industry. However, in 2014, the Yukon government rejected this plan in favour of its own plan to open up over 71% of the watershed to roads, mining and drilling. This move derailed the land use planning process that is specified in Yukon First Nation Final Agreements.

This sparked a three-year legal battle between the coalition of affected First Nations and environmental groups, against Yukon government over the future of the Peel Watershed and the integrity of land use planning provisions in the Final Agreements. The case was initially heard by the Supreme Court of Yukon in 2014 and then again by the Court of Appeal of Yukon in 2015. The interpretation of Chapter 11 of the Final Agreements is central to the case. Both Yukon courts found that the Government of Yukon failed to honour its obligations under these agreements.

Where the courts differed was on the remedy for Yukon government’s breach of process. The Supreme Court of Yukon ordered that the land use planning process should be returned to the stage of final consultation with the First Nations and affected communities. The ruling also prevented the Yukon government from introducing new modifications to the Final Recommended Plan. However, the Court of Appeal of Yukon ordered that the process should be sent back to an earlier stage of consultation, which would allow the government to advance entirely new modifications to the Plan and unwind years of progress. The Court of Appeal also ruled the government has the right, at the end of the day, to reject the entire Peel Watershed Final Recommended Plan.

Renowned Indigenous rights lawyer, Thomas Berger, represented the First Nations and environmental groups at the Supreme Court on March 22 of this year.

Media Contacts:

Nadine Sander-Green at nsander-green@cpawsyukon.org

Julia Duchesne at outreach@yukonconservation.org

***

Décision historique de la Cour suprême, victoire pour les Premières nations et les groupes environnementaux.

La décision unanime de conserver le plan de protection du bassin hydrographique de la rivière Peel crée un précédent sur la manière dont les traités modernes seront interprétés à l’échelle du Canada.

OTTAWA, ON (1er décembre 2017) – Les Premières nations du Yukon et les groupes environnementaux ont remporté une victoire historique devant la Cour suprême. Grâce à la décision rendue aujourd’hui, le plan d’aménagement du territoire protégeant la majorité du bassin de la Peel dans le nord-est du Yukon sera conservé. Il s’agit d’une victoire imposante pour les Premières nations, et cette décision sera célébrée à l’échelle mondiale.

La Cour avait été invitée à statuer sur les deux points suivants :  

• La façon adéquate de remédier au déraillement du processus de planification de l’aménagement du territoire.

• La possibilité ou non pour les parties impliquées dans un processus de planification d’aménagement du territoire de recommander un plan au stade final de la planification.

Dans une décision unanime, le plus haut tribunal du Canada a conclu que le gouvernement du Yukon devait mener à terme les consultations finales pertinentes dans le dossier d’un plan d’aménagement du territoire visant à conserver à l’état naturel 80 % du bassin hydrographique. Cette décision survient après que le gouvernement du Yukon, sous l’administration antérieure, avait fait dérailler le processus de planification et imposé son propre programme d’industrialiser 71 % du bassin de la Peel, bafouant de ce fait ses obligations constitutionnelles. Elle constitue un précédent pour la planification future de l’aménagement du territoire, et assure la protection de l’intégrité des accords définitifs des Premières nations en plus de faire en sorte que le Yukon adhère à l’esprit de réconciliation.

La Cour n’a pas statué sur le droit du gouvernement du Yukon de rejeter le plan d’aménagement du territoire. La décision procure des lignes directrices qui limitent le pouvoir du gouvernement du Yukon de modifier ou de rejeter un plan au stade final du processus. 

Le bassin de la Peel constitue le plus vaste territoire naturel intact de toute l’Amérique du Nord. Il couvre 68 000 km2 d’habitats sauvages, une superficie plus importante que celle de la Nouvelle-Écosse, et s’étend sur les territoires traditionnels de trois Premières nations du Yukon — Tr'ondëk Hwëch'in, Na Cho Nyäk Dän et Vuntut Gwitchin — ainsi que d’une autre des Territoires du Nord-Ouest, Tetlit Gwich’in, qui, depuis des millénaires, dépend de ce bassin hydrographique pour ses besoins physiques et culturels.  

La décision rendue aujourd’hui représente le point culminant de trois années de lutte judiciaire opposant la collation composée des Premières nations du Yukon affectées, alliées à la Société pour la nature et les parcs du Canada, de la section Yukon de la SNAP (CPAWS Yukon) et de la Yukon Conservation Society (YCS) au gouvernement du Yukon. La collation dénonçait le fait que le gouvernement ne respectait pas les accords définitifs des Premières nations durant le processus d’aménagement du territoire. 

Bien que le nouveau gouvernement du Yukon a promis d’accepter le plan final recommandé – la protection du 80 % du bassin – la décision rendue aujourd’hui crée un précédent sur la manière dont les traités modernes seront interprétés à l’échelle du Canada durant les décennies à venir.

Citations

« Durant plusieurs années, nous avons lutté pour que le gouvernement respecte les promesses faites durant le processus de revendications territoriales. Nous avons travaillé fort pour protéger un territoire précieux aux peuples des Premières nations et à d’innombrables Yukonnais. Je suis extrêmement heureuse de constater que nous sommes enfin sur la voie de la certitude. La Cour suprême du Canada a imposé le respect de nos accords de traités, et c’est la décision que nous recherchions. Cela représente une victoire pour nos traités modernes et pour les processus de planification collaborative inhérents à l’aménagement du territoire. Nous avons hâte d’entamer avec l’actuel gouvernement les prochaines étapes mises de l’avant par la Cour. »

Chef Roberta Joseph, Première nation de Tr'ondëk Hwëch'in

Je veux remercier les Yukonnais et les Canadiens d’avoir appuyé la préservation de l’intégrité de nos accords définitifs. Ces accords ont été conçus pour protéger l’environnement, et c’est maintenant dans l’unité que nous conserverons les animaux, le territoire et les gens. Alors que nous poursuivons notre travail, nous espérons que les Canadiens et les Yukonnais parviendront à améliorer la situation de l’humanité. Je me réjouis de rentrer à la maison pour célébrer. »

Chef Simon Mervyn, Première nation de Na Cho Nyäk Dän

« Nous avons toujours été des gardiens responsables de nos territoires traditionnels devant l’adversité et l’incertitude. Nous sommes heureux que la Cour reconnaisse que pour s’engager sur la voie de la réconciliation, il faut appliquer de manière honorable l’esprit et l’intention de nos accords définitifs. »

Chef Bruce Charlie, Première nation de Vuntut Gwitchin

« Aujourd’hui est une journée incroyable pour les territoires naturels du Canada ! Grâce à la décision de la Cour suprême, l’avenir de ce paysage extraordinaire est maintenant plus reluisant. Nous sommes heureux que les générations futures puissent profiter du territoire, comme nous le faisons aujourd’hui, et que la faune du bassin de la Peel puisse continuer à y prospérer. »

- Chris Rider, Société pour la nature et les parcs du Canada, section Yukon

« Le processus de planification de l’aménagement du territoire, négocié à l’aide de traités modernes, a réuni les gens dans un but commun – la protection du bassin sacré de la Peel – empêchant ainsi le gouvernement de dérailler. Il s’agit d’un processus démocratique vital qui doit être défendu. Voilà ce que nous avons accompli aujourd’hui. »

Christina Macdonald, Yukon Conservation Society

Contexte

Le bassin de la Peel couvre la partie la plus au nord du corridor de conservation qui s’étend de Yellowstone au Yukon. Ce corridor procure des habitats de plus en plus critiques à des espèces rares et emblématiques alors que les changements climatiques et la perte d’habitats menacent la faune nord-américaine.  

À l’issue d’un processus de planification de sept ans exposé dans les accords sur les revendications territoriales signés par les Premières nations du Yukon et les gouvernements fédéral et territorial, un plan d’aménagement final prévoyant la protection de 80 % du bassin de la Peel contre le développement routier et industriel avait été proposé. Pourtant, en 2014, le gouvernement du Yukon a rejeté le plan, ouvrant 71 % du bassin au développement routier, à l’extraction minière et au forage. Ce changement de direction a fait dérailler le processus de plan d’aménagement du territoire prévu dans les accords définitifs des Premières nations du Yukon.  

Ce déraillement a causé une lutte judiciaire de trois ans opposant la collation composée des Premières nations du Yukon affectées et de groupes environnementaux au gouvernement du Yukon au sujet de l’avenir du bassin de la Peel et de l’intégrité des dispositions de l’aménagement du territoire telles que retrouvées dans les accords définitifs. L’affaire a d’abord été portée devant la Cour suprême du Yukon en 2014, pour se rendre en 2015 devant la Cour d’appel du Yukon. L’interprétation du chapitre 11 des ententes définitives a été cruciale lors du jugement. Les deux Cours du Yukon ont conclu que le gouvernement du Yukon n’avait pas respecté ses obligations en vertu de ces ententes.

Les deux Cours diffèrent dans leur jugement au sujet de la manière dont le gouvernement du Yukon doit remédier au non-respect du processus. La Cour suprême du Yukon a ordonné que le processus de planification de l’aménagement du territoire doive être repris au stade de la consultation finale avec les Premières nations et les communautés affectées. La décision a aussi empêché le gouvernement du Yukon d’introduire de nouvelles modifications au plan final recommandé. Quant à elle, la Cour d’appel du Yukon a ordonné que le processus soit renvoyé à un stade de consultation plus précoce, ce qui permettrait au gouvernement d’introduire de toutes nouvelles modifications au plan, minant ainsi le progrès effectué durant des années. La Cour d’appel a aussi statué que le gouvernement avait le droit, au bout du compte, de rejeter le plan final recommandé de l’aménagement du bassin de la Peel dans sa totalité. 

Le célèbre avocat en droits autochtones Thomas Berger a représenté les Premières nations et les groupes environnementaux devant la Cour suprême le 22 mars 2017.

Press Conferences & TV Interviews

• Our press conference in Ottawa can be viewed here.

• The Yukon Government responded with a powerful press conference featuring Premier Silver and Justice Minister McPhee, viewable here.

• Later on Dec. 1, Chief Roberta Joseph and Christina Macdonald were featured on CBC's Power and Politics - watch here (go to the 28:40 mark). Chris Rider (CPAWS Yukon) spoke on CTV's Power Play - watch here.

Articles Online & in Print

• National Geographic: Vast Yukon Wilderness Protected in Ruling for Native Tribes

• The Globe and Mail: High court watershed decision a ‘victory’: First Nation chief

• The New York Times: Canada’s Supreme Court Backs Indigenous Rights in Dispute Over Yukon Wilderness

• CBC Canada/Radio Canada International:

  • Supreme Court rules in favour of Yukon First Nations in Peel watershed dispute, RCI

  • Supreme Court's Peel decision 'a victory for democracy,' First Nations say

• APTN: Peel decision ‘a victory of democracy’: Chief Roberta Joseph

• Yukon News: Supreme Court rules Yukon government overstepped in Peel watershed case

  • Seven big stories of 2017 (the Peel is #1!)

• National Post: Supreme Court's Yukon land ruling welcomed as new chapter for territory

• Toronto Star: Supreme Court sides with First Nations, environmental groups in Yukon land dispute

• DeSmog Canada:

  • What Does The Peel Watershed Ruling Mean for the Yukon – and Canada?

  • Q&A: Why the Fate of Canada’s Peel Watershed Rests in the Supreme Court’s Hands

  • PHOTOS: Documenting the North's Mighty and Threatened Peel Watershed

• CTV: SCC rules against Yukon government in watershed protection case

• iPolitics: Top court overturns decision on Yukon’s Peel watershed; victory for First Nations environmentalists

• CKRW: Supreme Court overturns Yukon Appeal Court ruling on Peel Watershed

• Jurist.org: Supreme Court of Canada rules for Yukon First Nations in watershed development suit

• OKTLaw: Supreme Court affirms that modern Treaties must be honoured

• Fasken: Supreme Court of Canada Quashes Yukon Land Use Plan

• Canadian Lawyer: SCC allows First Nations’ appeal in Yukon Peel Watershed dispute

• The Northern Miner: Commentary: SCC decision on Peel watershed in Yukon another win for First Nations

It’s time to celebrate our Supreme Court of Canada victory, and all of you who have put so much energy, hard work and dedication into protecting the Peel Watershed! Join us at the Kwanlin Dun Cultural Centre starting at 4:30 pm on February 2nd for an evening jammed-packed with storytelling, delicious food, dancing to live music and so much more. The event is free and everyone is welcome. There are three separate parts to the evening. Feel free to come to any or all of them. The celebration is an alcohol-free event.

Celebration Schedule

4:30 pm– 5:00 pm: Fire lighting ceremony and water ceremony 

5:00 -7:00 pm: Story sharing circle* 

7:00 pm – 9:00 pm: Buffet dinner and speeches 

9:00 pm – 11:00 pm: Live music and dancing

* What does the Peel Watershed mean to you? We will gather to share our stories, memories and reflections. Participants will each have a short period of time to speak. Feel free to come and just listen. No pre-registration is required and there will be no recording (audio, photography, video) of any kind during the sharing circle to ensure a safe, welcoming environment. Everyone is welcome.
Celebration Schedule

4:30 pm– 5:00 pm: Fire lighting ceremony and water ceremony 

5:00 -7:00 pm: Story sharing circle* 

7:00 pm – 9:00 pm: Buffet dinner and speeches 

9:00 pm – 11:00 pm: Live music and dancing

* What does the Peel Watershed mean to you? We will gather to share our stories, memories and reflections. Participants will each have a short period of time to speak. Feel free to come and just listen. No pre-registration is required and there will be no recording (audio, photography, video) of any kind during the sharing circle to ensure a safe, welcoming environment. Everyone is welcome.

In February, we celebrated the Supreme Court of Canada victory in Whitehorse - find photos and stories here.

Although we won our Supreme Court case and the Peel Watershed is much closer to being protected, we’re still a step away from full and legal protection for the watershed. The Supreme Court directed the Yukon Government back to the stage of final consultations on the Final Recommended Plan - where we should have been years ago if the previous Yukon government had not derailed the land use planning process. 

On December 1st, the day the decision was released, Premier Silver called it a "A victory for all of Yukon” and committed to implementing the Final Recommended Plan, which protects 80% of the watershed from industrial development. The Yukon Government and First Nations have already met to discuss next steps for final consultations.

You can add your voice to protect the Peel Watershed here. We will need your voice for one last push to see this campaign to the end!

July 30, 2018, Whitehorse – The Peel Watershed Portrait Exhibit is showing at the Yukon Arts Centre from August 1-30, with an opening reception from 5-7 pm on August 1. The exhibit is a collaboration between the Yukon Conservation Society, CPAWS Yukon, the First Nation of Na Cho Nyäk Dün, Tr’ondëk Hwëch’in, Vuntut Gwitchin First Nation and the Teetl’it Gwich’in Council, and features some of the many people whose lives are intertwined with the Peel Watershed.

For the exhibit, interviews and photoshoots were conducted in the four communities surrounding the Peel Watershed – Mayo, Dawson City, Old Crow, and Teetl’it Zheh (Fort McPherson) – and Whitehorse. After being shown in Ottawa and the Peel communities, the exhibit is now coming to Whitehorse. It features short excerpts from individual interviews alongside photographs by Cathie Archbould and Peter Mather.

“Not many people understand the importance of the land, ecosystems, and the animals on humanity’s well-being. The people of the North live and breathe this reality,” said Cathie Archbould, the exhibit’s portrait photographer.

“It is pretty hard to go into the Peel and not come back with special images,” said Peter Mather, the exhibit’s landscape photographer. “My hope is always that my work will inspire people from all walks of life to visit and cherish the watershed, its adventures and its people.”

The Peel Watershed is within the traditional territories of the First Nation of Na Cho Nyäk Dün, Tr’ondëk Hwëch’in, Vuntut Gwitchin First Nation and the Teetl’it Gwich’in Council in the neighbouring Northwest Territories. For generations, these First Nations have relied on the watershed for both physical and cultural sustenance. The exhibit highlights some of the many people who care for the land and have fought to protect it.

In recent years, the watershed’s future has been at stake during a lengthy legal battle over the land use planning process. In 2017, the Supreme Court of Canada ruled that the Yukon government must complete meaningful final consultations on a land use plan that protects 80% of the watershed. Since that decisive ruling, the Peel Watershed Planning Commission’s Final Recommended Plan has been under review by the Yukon government. Yukoners will have the opportunity to comment on the final plan during the final consultation period, which is expected to take place in the coming months. Dates have not yet been announced.

The Whitehorse showing of the exhibit is dedicated to the memory of CPAWS Yukon’s founding Executive Director, Juri Peepre. Juri was the driving force behind the early public campaign to protect the Peel Watershed and his legacy will live on through the protection of the lands that he loved so much.

This exhibition is also meant to express eternal gratitude to everyone from the Yukon, Northwest Territories and around the world who has poured passion, time and energy into protecting the Peel Watershed – especially the people of Na Cho Nyäk Dün, Tr’ondëk Hwëch’in, Vuntut Gwitchin First Nation and the Teetl’it Gwich’in Council.

The Peel Watershed Portrait Exhibit is free to the public and open Monday to Friday 10 am to 5 pm, Saturdays 12 pm to 5 pm, August 1-30. Yukoners are encouraged to view the exhibit all month and share their own stories and images on Facebook and Twitter using the hashtag #ProtectPeel.

[Photo of Dorothy Alexie and Bobbi Rose Koe by Cathie Archbould]

Media Contacts:

Julia Duchesne, Yukon Conservation Society
Outreach & Communications Director
outreach@yukonconservation.org
867-668-5678

Adil Darvesh, CPAWS Yukon
Communications Coordinator
adarvesh@cpawsyukon.org
867-383-8080 x9

We will be holding four fun events to engage with the community and provide an opportunity to submit comments. 

Protect the Peel Open House - Yukon Conservation Society
Thursday October 25, 2018. 4:30-6:30pm @ 302 Hawkins Street, Whitehorse 

Join CPAWS Yukon and the Yukon Conservation Society for an information session on the Peel Watershed final consultations! Free entry and snacks will be provided. Have you questions answered and submit your comments to protect this pristine landscape. 
Stay tuned on our facebook event: https://www.facebook.com/events/907190749491619/

Working in the Wilderness: A business case for protecting the Peel Watershed - Co(space) Yukonstruct Hub 
Thursday November 1, 2018. 6:30-8:30pm @ 2180 2nd Avenue, Whitehorse

Join CPAWS Yukon and the Yukon Conservation Society for a screening of Paddle for the North. Special presentations by Bobbi Rose Koe, co-founder of Youth of the Peel. Stay tuned for more speakers! Free entry and snacks will be provided. 
Stay tuned on our facebook event: https://www.facebook.com/events/1832703673465872/

Lights, Camera, Take Action: Move Screening & Comment Blitz - Yukon Beringia Interpretive Centre 
Thursday November 8, 2018. 6:30-9pm @ Alaska Hwy - Km1423, Whitehorse

Can't make it to the screening on November 1st? Join CPAWS Yukon and the Yukon Conservation society for an encore screening of Paddle for the North. Special presentation by Dave Loeks, former Chairman of the Peel Watershed Planning Commission. Free entry and snacks will be provided. 
Stay tuned on our facebook event: https://www.facebook.com/events/633625260373768/

Wilderness Pop Up Art Shop - CPAWS Yukon
Wednesday November 14, 2018. 5-8pm @ 506 Steele Street, Whitehorse

Come support local artsits at this Peel Watershed themed art shop at the CPAWS Yukon office. Stay tuned for special guest speakers. CPAWS staff will be available to answer your questions about final consultations and provide an area for you to submit your comments on the Peel Watershed. 
Stay tuned to our Facebook and Twitter for updates on speakers and artists.