Mining and Yukon First Nations
Introduction
Yukon native people have been closely associated with the mining industry since its beginnings.
In fact, it was Skookum Jim and Tagish Charlie with their partner George Carmack that were
credited with making the first discovery that kicked-off the Klondike gold rush.
Today Yukon First Nations are becoming more involved with the mineral resource industry in
many capacities. From becoming partners in mining operations to creating new companies that
service the industry, Yukon native people are working with industry to foster greater benefits and
advances for First Nations and their communities at large.
Aboriginal land claims
The Yukon is at an advanced stage in settling outstanding native land claims. With the passage
of the Umbrella Final Agreement into legislation on February 14, 1995, the framework is in
place to finalize land selections and self-government agreements in the near future. Eleven
agreements have been settled, and another three agreements are outstanding. The Umbrella Final
Agreement provides for Surface Rights Legislation. This is now in place and provides a
mechanism to resolve disputes over access rights. Development Assessment Process legislation
is now under development and once in place will govern how environmental screenings are
conducted on all Yukon lands.
Partnerships with native groups
Native groups have demonstrated that they are willing to work with responsible exploration and
mining companies and support their projects in exchange for the consideration of benefits to the
local community. Many of these new partnerships are reflected in socio-economic agreements
designed to foster more local advantages for First Nations and benefit the mining company.
Some of the elements in these agreements include specialized training, scholarships, contracting
opportunities, environmental monitoring and other development situations that benefit the
mining company, the First Nation, the local community and the Yukon as a whole.
It is important to note that final resolution of land claims has not been a condition for
establishing a successful working relationship between the local first nation and a mining
company. These agreements focus on ensuring the local community benefits from the
development. Native corporations have already been eager to assist in the construction and
supply of existing mining operations and promising exploration programs on a competitive basis.
Recognition and protection of traditional native lifestyles, employment and training opportunities
and equity participation, such as stock options, are some of the elements discussed in these
negotiations.
Reasons why exploration companies and First Nations should work together
The development of a strong working relationship between exploration companies and First
Nations is important for many reasons.
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Understanding each other's concerns and needs is an important step towards good
communication.
Most exploration activities in Canada occur where traditional use of land continues.
Aboriginal people make up a significant proportion of the work force in the northern part
of Canada where, coincidentally, most of the mineralized areas of the country are found.
The right of aboriginal people to self-government is being increasingly recognized.
Provinces and territories are negotiating land claim agreements that may have an impact
on mining exploration.
The Yukon Environmental Assessment and Socio-economic Assessment Act (YESAA)
encourages companies to consult with First Nations early in the planning and
development stages of an environmental assessment application.
First Nations, under the YESAA regime, are a decision bodies for any plans or projects
that have the potential to adversely affect their settlement lands, and economic and social
well being.
Traditional Knowledge is quickly becoming recognized as a valuable tool in managing
Yukon lands and waters.
Companies that consult with First Nations early and effectively will create a more stable
political and legal climate for the Yukon as a whole.
A typical socio-economic agreement may include:
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Establishment of employment and training programs
recruitment, training and development, and other employment provisions (including an
employment opportunities committee, First Nation hiring policies, an Aboriginal Liaison
Co-ordinator, work rotations, scholarship programs, counseling, youth awareness
programs, cross-cultural training, and traditional economic activities)
Provision of economic development and business opportunities
business opportunities, and economic and business development committee, other
economic and business provisions (including bid tenders and special allowances such as
fragmentation of contracts and purchase packages)
Development of social, cultural and community support programs
a committee for community support and other community services such as
communication and environmental protection
Program implementation and evaluation
management committee, liaison officer, agreement term, and agreement evaluation
process
Funding
the company should provide the largest share of the funding to implement the agreement
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Legal issues
Aboriginal, treaty and constitutional rights, and obligations to meet the terms of any
collective agreement
Key Consultation Components
The following are some of the key consultation components that should be addressed by
exploration companies as part of their basic research and work plan development:
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Identify nearby communities.
Identify key contact people in nearby communities (e.g. chief, councilors, lands officer,
administrators, mayor).
Identify issues and concerns of importance to the communities.
Communicate the company’s short and long term plans.
Be aware of local cultural differences and communication styles.
Initiate meetings to exchange information between the company president and the chief
or other senior official(s).
Settlement land categories
As outlined in the Umbrella Final Agreement, Yukon First Nations will receive total settlement
lands of approximately 41, 595 square kilometers or about 8.5 percent of the total land area of
the Yukon.
Category A settlement land - a Yukon First Nation has ownership of the surface and subsurface,
including minerals.
Category B settlement land - a Yukon First Nation has ownership of surface.
Fee simple settlement land - a Yukon First Nation has the same fee simple title as other land
registered in the Land Titles Office.
First Nations Contact:
Alan Carlick
First Nation Liaison Officer
Phone: 867.667.8708
Email: alan.carlick@gov.yk.ca
See also:
Council of Yukon First Nations
Yukon Government Land Claims Secretariat