News

March 22 2017

First Nations and conservation groups bring Yukon Government to Supreme Court in fight for the Peel

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 square-kilometres 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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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.

For photographs, more background and media resources on the Peel campaign and its history: https://www.dropbox.com/sh/mg4n4rfm6santg7/AAA_QnrKoEZOrzaV0Gj6bP-Va?dl=0

February 27 2017

CPAWS recommends against all-season access road to Rau property

CPAWS Yukon News

CPAWS Yukon is requesting that the Yukon Environmental and Socio-economic Assessment Board recommend against the proposal for the 65-km all-season access road north of Mayo to the Tiger gold deposit on the Rau property. The road is being proposed by the company ATAC Resources to facilitate further exploration work as part of its Racla Gold project. Click here to read our submission.

Public comments are being accepted until March 2. Click here to learn more and submit comments.

Given that the proponent of this project is only at the exploration stage of the Rau deposit, CPAWS Yukon and other stakeholders are concerned about the duration of impact an all-season road would have on other future land uses in this currently un-planned region which lies adjacent to the Peel watershed. CPAWS Yukon encourages the public to submit comments to YESAB, highlighting any concerns about this project.

To find out more project details and submit your feedback, click here.

Below is a summary of the comments made by CPAWS Yukon to YESAB:

Gold, the mineral in question, does not require a road for its extraction if development extends beyond the exploration stage
A new road in the region would have long lasting impacts. We are unaware of a case where decommissioned roads no longer enabled motorized access
A thorough assessment of salmon habitat for the proposed 46 stream crossings has not been completed
Long-term cumulative impacts on fish and wildlife extend well beyond the footprint of any single road (increasing hunting and predator pressure on animal populations, increasing habitat fragmentation from accelerated offroad trails etc.)
Land use planning has not occurred, and the creation of an all-season road may foreclose other opportunities and land uses in the region due to its environmental impacts (direct and indirect)

CPAWS is recommending that alternative options to an all season road be thoroughly investigated instead of an all-season access road. The official submission from CPAWS to YESAB can be read here.

February 21 2017

Federal, Provincial and Territorial Ministers Can Lead the Way on Protected Areas in Canada

CPAWS Yukon News

Press Release from CPAWS National

OTTAWA – The Canadian Parks and Wilderness Society (CPAWS) launched an important challenge to Canadian decision-makers on the eve of a ministers’ meeting to discuss conservation, wildlife and biodiversity.

“Be ambitious, science-based and forward-thinking. You have an incredible opportunity to leave a legacy for future generations,” said Éric Hébert-Daly, CPAWS National Executive Director.

For the first time since 1992, Canadian governments will be working together to expand our network of protected areas to conserve nature. CPAWS welcomes this initiative to put nature conservation at the forefront of our nation-building. In 2010, Canada signed the United Nations Convention on Biological Diversity and committed to protecting at least 17% of our landscape by 2020. Canada currently lags the world with only 10.7% protected. However, CPAWS has calculated that if governments just implemented their current protected area commitments and proposals by 2020, Canada would get most of the way to this target.

“On the 150th anniversary year of Canada’s confederation, there could be no better gift to give Canadians than the gift of well-protected nature. Wilderness is in our soul as Canadians. Our parks and protected areas are potent and iconic symbols of our country, are critical to the survival of wildlife, and to our own survival as human beings,” said Alison Woodley, CPAWS’ Parks Program National Director. “With 90% of our country’s land held in the public trust by provincial, territorial, federal and Indigenous governments, working towards this goal requires collaboration at all levels, but is eminently doable.”

CPAWS welcomes the active engagement of all ministers in this process and underlines the important co-leadership of Alberta Parks and Parks Canada of the new Conservation 2020: Pathway to Target 1 Working Group which is dedicated to this effort. Each government’s contribution will make this proposed legacy a reality.

“Indigenous governments across Canada must be a key part of this process if we are to be successful,” said Hébert-Daly. “Across Canada, we see leadership from Indigenous governments working to protect large areas of their traditional territories, like the Lutsel K’e Dene First Nation’s work to create Thaidene Nene National Park Reserve in the Northwest Territories and Moose Cree First Nation’s work to permanently protect the North French River Watershed in northern Ontario. It is vital governments honour these plans in the spirit of reconciliation and with an eye towards the next 150 years of positive relationships.”

“We must also remember that 17% is an important first step,” said Woodley. “While we work to achieve the short-term targets, we should at the same time be looking beyond 2020 and planning for the scaled-up protection needed to protect healthy ecosystems in the long term, based on science and Indigenous knowledge.”

CPAWS is also watching to ensure that the efforts to achieve the 17% target do not turn into a creative accounting exercise rather than good, quality conservation efforts.

“We will be looking for a clear roadmap for how we will get to the 17% target by 2020, focused not only on the quantity of land protected, but also on the quality. We need to make sure the right areas are protected for biodiversity, and that protection measures are not watered down to make it easier to reach the target,” warned Woodley.

“CPAWS is so pleased to see this work taken seriously by governments from across Canada,” said Hébert-Daly. “Conservation is a place where agreement among governments of all stripes can be found and where regional interests can find common ground. We will work enthusiastically with public and indigenous governments, and other interests, to find a successful path to meet the needs of nature. Our well-being depends on the health of our natural world, so protecting nature is in our best interest.”

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For more information, contact CPAWS Communications Manager, Stacy Corneau at 613-569-7226 ext 234 or scorneau@cpaws.org.

The Canadian Parks and Wilderness Society
The Canadian Parks and Wilderness Society (CPAWS) is Canada’s only nationwide charity dedicated solely to the protection of our public land and water and ensuring our parks are managed to protect the biodiversity within them. Over the last 50+ years, CPAWS has played a lead role in protecting over half a million square kilometres – an area bigger than the entire Yukon Territory. Our vision is to protect at least half of our public land and water so that future generations can experience Canada’s irreplaceable wilderness.

CPAWS has chapters in almost every province and territory across Canada. As a collaborative organization, CPAWS works closely with government of all levels, industry representatives, and communities to manage our impact on a shared landscape. We also advocate for the creation of parks and protected areas for the benefit of both current and future generations of Canadians.

January 10 2017

Next up, Ottawa: FAQs on next steps in the Peel legal case

CPAWS Yukon News

Q: Does the Peel Watershed case still need to go to the Supreme Court of Canada?

Yes, it is essential the Supreme Court of Canada hear the Peel Watershed case because the outcome will have far-reaching impacts on land use planning in the Yukon and even across Canada where modern-day treaties have been negotiated. The Yukon Supreme Court and Court of Appeal have both found that the government’s actions were a violation of its constitutional obligations, but we still need clarity regarding the process and the remedy. In our estimation, the current ruling – which would allow the government a ‘do-over’ – does not respect the Final Agreements and is not in the spirit of reconciliation.

Q. What has the new Yukon Liberal Government committed to regarding the Peel Watershed?

A. During the campaign, the Yukon Liberals were explicit about their support for the Final Recommended Plan. Their platform stated they would:

“[accept] the final report of the original Peel Watershed Planning Commission.”

In the recently released mandate letters to his new ministers, Premier Silver directed the Ministers of Environment, Justice and Energy, Mines and Resources to:

“[collaborate] with First Nations on steps towards accepting the final report of the original Peel Watershed Planning Commission pending the outcome of the Supreme Court of Canada decision.

Q: Can Government of Yukon simply drop the case, now they have committed to implementing the Final Recommended Plan?

While things are now looking favourable for Peel protection, the case is broader than the Peel because it relates to the interpretation of the Final Agreements and the land use planning process. The First Nations and environmental groups are appealing the flawed 2015 Yukon Court of Appeal decision granting the government a do-over despite its blatant disregard for the planning process. To ensure that future Yukon governments honour the agreements that have been signed, the case must be seen through to its completion. It is our understanding that the Court of Appeal’s decision must be defended, if not by the Government of Yukon then by a party appointed by the Supreme Court of Canada.

Q: Now that there is a new Government in the Yukon, can they implement the Final Recommended Plan immediately?

It does not appear so. Any adoption of a plan must go through the Peel Watershed land use planning process. The current ruling of the Court of Appeal would send things back to an earlier stage in the consultation, prior to the Final Recommended Plan being produced. We are arguing that the process should be sent back to the final stage of consultation, where the Final Recommended Plan was proposed. It is our understanding that any decision on implementing a plan would need to flow through the land use planning process, and thus would take place after the Supreme Court of Canada has made its ruling.

Q. What is the latest on your preparations for the Supreme Court of Canada hearing?

In November, our lawyer, Thomas R. Berger Q.C., filed our written argument (factum), and the Government of Yukon has until January 20th to file its factum. The Council of Yukon First Nations and the Gwich’in Tribal Council have successfully applied to intervene in support of our case. The Attorney General of Canada will also be intervening in the case as a neutral party.

In the lead-up to the hearing in Ottawa on March 22nd, we will be holding events and raising awareness about the Peel watershed in a variety of ways. Make sure to sign the Peel Pledge and follow Protect the Peel on Facebook to receive our latest updates.

Q: Is there anything I can do to support you as you go to Ottawa?

Yes. We encourage you to write to Premier Sandy Silver and the new Government of Yukon to encourage them to follow through with their commitment to accept the Final Recommended Plan. We will not be stopping our campaign until the Peel is protected. We need you to sign the Peel Pledge, continue raising awareness and help show that in the court of public opinion, Yukoners and Canadians want the Peel to be protected. All of this will keep the pressure on the Government of Yukon to follow through with its election promise.

December 2 2016

CPAWS Yukon congratulates Yukon Liberals; looks forward to Peel protection

CPAWS Yukon News

–November 10th, 2016

CPAWS Yukon congratulates Sandy Silver and the Yukon Liberal Party on being elected to form Yukon’s new government. We are encouraged by statements made by the incoming government during the election regarding the protection of the Peel Watershed. In their platform, the Liberal Party pledged to “[accept] the final report of the original Peel Watershed Planning Commission.”

With a change in power, there are questions to be answered about how the new Yukon Government can alter its position on the Peel Watershed, and CPAWS is currently working with its partners and legal counsel to get clarity on the road ahead. As we prepare for new leadership in the Yukon Government, we will continue our work to ensure a fair outcome for the Peel and First Nations.

The Supreme Court of Canada hearing will still take place on March 22, 2017 because the matter affects not just the Peel; the ruling will provide certainty for all land use planning processes in the territory moving forward and set a precedent for the entire country. The First Nation of Na-Cho Nyak Dun, Tr’ondëk Hwëch’in, Vuntut Gwitchin First Nation, CPAWS Yukon and Yukon Conservation Society are appealing the 2015 ruling of the Yukon Court of Appeal because it is our contention that the ruling fails to uphold the integrity of the First Nations Final Agreements and the land-use planning process by allowing the Yukon Government a do-over on its dishonourable actions. We are seeking to have the 2014 Yukon Supreme Court decision restored, which would re-start the consultation at the final stage and therefore ensure that 80% on the watershed is protected, as laid out in the Planning Commission’s Final Recommended Plan.

We filed our written arguments with the Supreme Court of Canada earlier this month, while the Yukon Government has been granted an extension until January 20th to submit its written arguments

November 3 2016

Peel Watershed Case One Step Closer to Ottawa

CPAWS Yukon News

WHITEHORSE, YT – October 31, 2016

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 at www.protectpeel.ca.

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Media Contacts:

Thomas R. Berger O.C., Q.C: 604-605-5555
Chief Simon Mervyn, First Nation of Na-Cho Nyak Dun, Chief Roberta Joseph, Tr’ondëk Hwëch’in &
Chief Bruce Charlie, Vuntut Gwitchin: via Wayne Potoroka 867-993-7100 Ext. 108
Chris Rider, CPAWS Yukon: 867-393-8080 Ext. 4
Christina Macdonald, Yukon Conservation Society: 867-668-5678

October 12 2016

This election CPAWS is taking unprecedented action to put Yukon’s environment first

CPAWS Yukon News

WHITEHORSE, YT – October 12, 2016

With an election slated for November 7th, CPAWS Yukon and the Yukon Conservation Society are making sure that Yukon voters know where the political parties stand on the environment when they cast their votes. The Executive Directors of both organizations held a joint press conference on the waterfront of the Yukon River on Wednesday to unveil their plans for ensuring that environmental issues are front-of-mind for voters and election candidates.

“The outcome of this election will have major consequences for the Yukon’s environment”, said Chris Rider, Executive Director at CPAWS Yukon. “The fate of the Peel Watershed is in the balance, along with plans to help do our part to prevent catastrophic climate change. There are so many environmental issues that are on the table right now, which is why CPAWS Yukon and YCS are doing everything we can to ensure Yukoners are fully informed.”

The two conservation organizations have sent a doorhanger to every household in the territory – and that is just the beginning of their non-partisan voter outreach and education efforts this fall. The doorhangers speak to one of the Yukon’s contested wild places: the Peel Watershed. Each doorhanger says ‘I’m voting for the Peel’ on the front side, with suggested questions on the back for the public to ask their local candidates. The environmental groups are asking Yukoners to hang it on their door handle to show candidates who come knocking that the Peel is an election issue.

Beyond the Peel Watershed, Yukoners care deeply about sustaining the northern way of life by taking strong action on climate change and protecting wildlife and habitat from unsustainable development. The environmental groups are undertaking several initiatives to raise these issues with candidates and share the results.

First, the environmental groups are hosting an All-Party Election Forum on the Environment on Tuesday October 18th, 7-9pm. CPAWS and YCS are consulting with a wide range of environmental organizations to put together the forum questions, and the audience will also have an opportunity to ask candidates questions. The event will be held at the Beringia Centre and will be live-streamed online to allow Yukoners outside of Whitehorse to participate. Four registered political parties –Yukon Green Party, Yukon Liberals, Yukon NDP and Yukon Party – will be participating in the forum.

Second, a questionnaire on Yukon environmental issues has been distributed to the four political parties and the responses will be publicized in print and online.

Finally, volunteers with CPAWS Yukon and YCS will be going door to door asking Yukoners about the environmental issues that are most important to them this election and sharing the political parties’ responses to the questionnaire. This initiative will help Yukoners share their priorities and learn about the parties’ environmental platforms.

“In 2016 the environment is more important than ever,” said Christina Macdonald, Executive Director of YCS. “New research shows that the world has lost a tenth of its wilderness in the past 25 years and that no new fossil fuel reserves can be developed if we want to avoid the worst impacts of climate warming. It’s time to prioritize our environment and make choices to live more sustainably on the land. We are asking the territory’s political leaders to put forth meaningful solutions to our environmental problems so that we can share these with Yukon voters.”

About:
The Yukon Conservation Society is a grassroots environmental non-profit organization, established in 1968. YCS pursues ecosystem well-being in the Yukon through advocacy, research, and environmental education, recognizing that human well-being is ultimately dependent upon fully functioning healthy ecosystems.

The Canadian Parks and Wilderness Society (CPAWS) is Canada’s only nationwide environmental charity dedicated solely to the protection of our public land and water, and ensuring our parks are managed to protect the nature within them. The Yukon chapter provides a voice for the wilderness in the territory, helping to keep Canada’s ‘true’ north wild and free.

For more information please contact:

Christina Macdonald
Executive Director
Yukon Conservation Society
867-668-5678
ycsed@ycs.yk.ca

Chris Rider
Executive Director
CPAWS Yukon
867-393-8080
crider@cpawsyukon.org

July 20 2016

CPAWS urges Premiers to protect Canada’s wilderness and confront climate change

CPAWS Yukon News

As Canada’s thirteen territorial and provincial Premiers meet in Whitehorse this week to collaborate on issues of national importance, CPAWS Yukon is calling on our nation’s leaders to implement strong action on climate change, including emissions reductions and protection of Canada’s wilderness.

At their last meetings in Vancouver in March, governments agreed to create a pan-Canadian framework for clean growth and climate change, which would include actions to limit temperature increase and foster resilience to climate change. In order to achieve these goals, steps to reduce greenhouse gas emissions will need to be taken quickly and our ecosystems will need to be protected. CPAWS Yukon urges Canada’s premiers to look at the creation of more provincial, territorial and marine protected areas as the backbone of a climate adaptation strategy.

Chris Rider, Executive Director of CPAWS Yukon stated, “In the fight against climate change, conservation needs to be a cornerstone of our efforts. Nature is essential for both reducing our vulnerability to the impacts that are already happening, and mitigating climate change in the future.”

Natural areas provide a necessary service by storing the carbon that it emitted into the atmosphere. In fact, Canada’s Boreal forest stores about 186 billion tons of carbon, mostly within soils and peatlands. But as these ecosystems are altered by climate change or converted to other uses such as mining and oil and gas extraction, they can actually become sources of carbon emissions, and their ability to shelter humans and all species from the impacts of climate change is diminished. Next to habitat loss, climate change is also the biggest threat to wildlife and biodiversity, with 20-30% of species at increased risk of extinction. Conservation corridors will be especially important for protecting nature that is ‘on the move’ as a result of climate change.

The Peel Watershed is a prime example of how climate change and nature protection are interlinked. The boreal forest of the Peel helps mitigate climate change by sequestering carbon, and the region also serves as the northern anchor of a wildlife corridor that would stretch from Yellowstone National Park in the United States to the Yukon, providing refuge for species that are displaced by climate change. CPAWS Yukon is working alongside the Yukon Conservation Society, the First Nation of Na-Cho Nyak Dun, the Tr’ondëk Hwëch’in, and Vuntut Gwitchin First Nation to protect the Peel from major industrial development that would damage its ecological value, including in the fight against climate change (see more at www.protectpeel.ca)

Rider concluded: “Canada is very fortunate to have vast wilderness areas that ensure we have clean air and water, provide habitat for incredible biodiversity, and support our economy. CPAWS Yukon encourages Canada’s Premiers to remember that protecting nature is also an essential part of the climate change solution.”

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Media Contact:

Chris Rider, Executive Director, CPAWS Yukon: (867) 393-8080

July 11 2016

CPAWS National sounds alarm over Parks Canada’s shift away from nature conservation

CPAWS Yukon News

OTTAWA – In its latest annual report released in advance of Canada Parks Day, the national office of the Canadian Parks and Wilderness Society (CPAWS) is calling on Parks Canada to re‐focus on its legal obligation to protect nature as the first priority for managing our national parks, and to immediately stop development in Banff and Jasper National Parks. The criticisms in the report relate primarily to developments that are jeopardizing wilderness and wildlife in mountain parks in southern Canada, and not the three national parks located in the Yukon – Kluane National Park, Ivvavik National Park and Vuntut National Park. However, the report identifies serious problems across Canada’s national park system, such as a precipitous decline in conservation funding, which could impact the ecological integrity of the Yukon’s national parks in the future.

In recent years, CPAWS National has observed a major shift in how Parks Canada is managing our national parks, moving away from its priority mandate of nature conservation, and towards a greater focus on tourism and marketing, increasing visitation, and revenue generation. This shift in priorities has resulted in developments being approved behind closed doors, with inadequate regard for how they impact on parks’ ecological integrity or for public input, and financial decisions being made that undermine the Agency’s conservation and science capacity.

“National parks are supposed to be the gold standard for conservation in our country,” says Alison Woodley, National Director of CPAWS’ Parks Program. “If Parks Canada shifts away from its conservation mandate, where will our wildlife and wilderness be safe?

“Due to their remote access, pressures from visitation are not a current threat to National Parks in the Yukon, and we are generally pleased with the direction that Parks Canada is taking in the territory. But the report’s finding that tourism is being prioritized over wilderness protection is certainly troubling,” said Chris Rider, CPAWS Yukon’s Executive Director.

CPAWS is encouraged by the new federal government’s commitments to limit development in our parks, re‐focus on protecting their ecological integrity, re‐invest in science‐based management, and restore open, transparent decision‐making. So far two important decisions have been made that begin to deliver on these promises – cancelling the giant Mother Canada statue proposed for Cape Breton Highlands National Park and strengthening legislation for the Rouge National Urban Park to focus on protecting ecological integrity as the first priority. However, as this report highlights, there are systemic problems in Parks Canada’s management approach that need to be overcome for the new government to fully implement their commitments. For example:

1) Limiting development: Recent development approvals include a massive expansion of the Lake Louise Ski Resort in Banff into legally protected wilderness, commercial accommodations proposed for Maligne Lake in Jasper National Park that contravene the management plan; and a $66 million paved bike path through sensitive caribou and grizzly bear habitat which mysteriously appeared in the 2016 Federal Budget with no prior public discussion or environmental review.

2) Re‐focusing on ecological integrity and funding for science: Parks Canada’s last publicly available report indicates that less than half of national park ecosystems measured were deemed to be in “good condition”, more than a third were in declining health, while 41% of park ecosystems remained to be assessed. There is an urgent need for more conservation effort, not less. Yet over the past five years there has been an over 30% decrease in Parks Canada’s conservation staffing while visitor experience staffing has risen by 9% over the same time period. The report also finds that public “state of park” reporting has virtually disappeared, and park management plan reviews are less frequent.

3) Open, transparent decision‐making: Public consultations on development proposals within national parks have become short processes that are geographically restricted, and that largely ignore public feedback. Legally required biennial Round Tables on Parks Canada’s performance are no longer focused on accountability, instead focusing on how to increase park visitation with little or no attention to how well the Agency is delivering on its core conservation mandate.

“We have put forward 17 recommendations to the Minister of the Environment and Climate Change that we believe will help get Parks Canada back on track to conserving nature as the first priority in our national parks,” says Woodley. “We hope the new government will act immediately to stop developments in Banff and Jasper, and restore Parks Canada’s culture as a science‐based nature conservation organization working in the long term public interest. The future of wildlife and wilderness in our national parks depends on re‐focusing on nature first and foremost in their management.”

Read the full report.

Read the Executive Summary with recommendations.

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Media Contacts:

For interviews with CPAWS National, contact: Karen Turner (613) 569‐7226 x 232.
For interviews with CPAWS Yukon, contact: Jason LaChappelle (867) 393-8080

June 28 2016

Yukoners gather as Peel enters national spotlight

CPAWS Yukon News

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.

Chris_Rider_at_Peel_Gathering_and_Reception

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.

To watch the full broadcast of the Peel Gathering & Reception, click here.
To sign and share the Peel Pledge, visit: www.protectpeel.ca.
To view more photos from the event, click here