Юконские земельные претензии: процесс переговоров и урегулирования

Process of negotiating and settling Indigenous land claim agreements in Yukon, Canada
The Yukon Land Claims refer to the process of negotiating and settling Indigenous land claim agreements in Yukon, Canada between First Nations and the federal government. Based on historic occupancy and use, the First Nations claim basic rights to all the lands.

Unlike other parts of Canada, Yukon First Nations did not conclude any treaties until the 1990s. Chief Jim Boss of the Ta'an Kwach'an had requested compensation from the Canadian government for lost lands and hunting grounds as a result of the Klondike Gold Rush in 1902. Boss' letter was ignored by the federal government. It was not until the 1970s that the issue was raised again. The current process started in 1973 with the publication of Together Today For our Children Tomorrow by Chief Elijah Smith. Negotiations took place in the late 1970s and early 1980s, culminating in an agreement which was ultimately rejected. Negotiations resumed in the late 1980s and culminated to the "Umbrella Final Agreement" (UFA) in 1990. The UFA is used as the framework or template for individual agreements with each of the fourteen Yukon First Nations recognized by the federal government. It was signed in 1993 and the first four First Nations ratified their land claims agreements in 1995. To date (January, 2016), eleven of the fourteen First Nations have signed and ratified an agreement. Presently, White River First Nation, Liard First Nation and Ross River Dena Council are not negotiating. They remain Indian Bands under the federal Indian Act. Unlike most other Canadian land claims agreements that apply only to Status Indians, the Yukon First Nations insisted that the agreements involve everyone they considered part of their nation, whether they were recognized as Status Indians or not under federal government rules. In 1973, the Yukon Indian Brotherhood and the Yukon Association of Non Status Indians formed the Council for Yukon Indians (CYI) to negotiate a land claims agreement. The two organizations and the Council formally merged in 1980 under the name of Council for Yukon Indians. In 1995, CYI was renamed to the Council of Yukon First Nations.

Before Yukon First Nations regained their self governance, the federal government regulated how they could use their land. Before the agreement, Yukon First Nations claimed the land and resources in Yukon as all under their ownership. This was based on traditional occupancy and use of that land. But, all affairs in Yukon were controlled by Indian and Northern Affairs Canada (INAC).

In January 1973, Chief Elijah Smith wrote Together Today for Our Children Tomorrow. In the introduction, Smith writes about the Yukon Native Brotherhood seeking a settlement that is fair and just both for the Yukon First Nations and the Government of Canada. In the third part, he explored contemporary issues of the early 1970s. Smith tried to break the stereotype of the Yukon Aboriginals at the time, challenging stereotypes by the Whiteman. Smith also provided the Aboriginals perspective on the Whiteman. He acknowledges the distinction between the cultures of the Whiteman and the Aboriginals, saying that is why the Aboriginals must have the ability to manage their own societies.

The Final Agreements are constitutionally protected (section 35) modern day treaties. They define First Nations rights on Settlement Land, and within their Traditional Territory. They address a number of matters including heritage, fish and wildlife, non renewable resources, water management, forestry, taxation, financial compensation, economic development measures and land owned and managed by the First Nation.

Each land claims agreement is also accompanied by a Self Government agreement that gives First Nations the right to enact legislation in a number of areas. These agreements provide First Nations with the power to control and direct their own affairs and outline the ability of a First Nation to assume responsibility for delivering programs or services to its citizens. Other provisions of the Land Claims agreement are the elimination of taxation exemptions for Yukon First Nations people (effective January 1, 2001), a restriction of hunting rights of other aboriginal peoples on each First Nation's traditional territory, etc.