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Peel Watershed Regional Land Use Planning Conflict, Canada


Description

                   The Peel Watershed conflict is a unique case that pitted the Territorial Yukon government and the First Nations of the Peel region. The watershed covers 67, 431 square kilometers in the northeast Yukon[1]. In 2004, the territorial government developed the Peel Watershed Regional Land Use Plan [PWRLUP] for land use development in the large, unpopulated, and undeveloped area with the potential for oil, gas, and hard rock mineral development[2]. In July 2011, the Peel Watershed Planning Commission produced a Final Recommended Peel Watershed Regional Land Use Plan which recommended that 80 percent of the region should be protected as Special Management Areas and designated as wilderness areas, while the remaining 20 percent of the watershed would be open to “nonrenewable resource-use opportunities" subject to key land-use and environmental management considerations, including enhanced community consultation where specific.”

However, the Yukon government presented a set of counter-proposals that only protected 30% of the watershed, significantly reducing environmental protection and opening up the remaining 70% for mineral extraction and oil and gas exploration.

This proposals were presented without consulting the First Nations living on and/or using the land, including First Nation of Nacho Nyak Dun; Tr’ondek Hwech’in; and thee Vuntut Gwitchin First Nation. 

Indigenous groups mobilized claiming that the territorial government’s land use plan “did not respect the Chapter 11 process.” Chief of the Tr’ondëk Hwëch’in First Nations, Eddie Taylor said “To us that land is sacred and should be preserved for future generations. As our elders say, the Peel is our church, our university and our breadbasket”.

First Nations and environmental justice groups brought the Yukon government to court and after five-years of legal battles the case was appealed to Canada’s highest court. On December 1, 2017, after years of court battles, the Supreme Court made a unanimous decision ruling in favour of the Indigenous peoples of the Peel Watershed region. The Court declared the parties must return to the point in the process where the territorial government can either approve, reject, or modify the Initial plan recommended by the Commission. Christina MacDonald, Executive Director of the Yukon Conservation Society, stated, “This is a huge, huge victory for Indigenous people and it’s cause for environmental celebration on a global scale.”[6]

________________________________

[1] CBC News. 2014. First Nations environment groups sue Yukon over peel plan. CBC News online: <http://www.cbc.ca/news/canada/north/first-nations-environment-groups-sue-yukon-over-peel-plan-1.2512433>.

[2]Sara L. Jaremeko. 2017. The peel watershed case: Implications for Aboriginal consultation and land use planning in Alberta. Canadian Institute of Resources Law. University of Calgary. Calgary, Alberta, Canada.  

[3]Ibid. 

[4]Umbrella Final Agreement between The Government of Canada, The Council for Yukon Indians, and The Government of Yukon (29 May 1993), online: < https://www.aadnc-aandc.gc.ca/DAM/DAM-INTER- HQ/STAGING/texte-text/al_ldc_ccl_fagr_ykn_umb_1318604279080_eng.pdf >

[5]Ibid.

[6]Tom Clynes. 2017. Vast Yukon wilderness protected in ruling for Native tribes. National Geographic. Online: <https://news.nationalgeographic.com/2017/12/peel-watershed-yukon-protected-canada-supreme-court-decision-spd/>.

Basic Data

NamePeel Watershed Regional Land Use Planning Conflict, Canada
CountryCanada
ProvinceYukon
SitePeel Watershed region
Accuracy of LocationMEDIUM regional level

Source of Conflict

Type of Conflict (1st level)Infrastructure and Built Environment
Type of Conflict (2nd level)Mineral ore exploration
Deforestation
Land acquisition conflicts
Building materials extraction (quarries, sand, gravel)
Other
Oil and gas exploration and extraction
Establishment of reserves/national parks
Specific CommoditiesLand
Lead
Silver
Ecosystem Services
Natural Gas
Tourism services
Uranium
Copper
Gold
Iron ore
Zinc

Project Details and Actors

Project DetailsIn 2004 the Peel Watershed Planning Commission was formed and the process of planning began under the Umbrella Final Agreement. The First Nations in the region advocated for 100% protection of the Peel. After three years of research and consultation the first commission published the first draft, which zoned half the Peel for industrial development. Indigenous peoples expressed that the main priority should be environmental protection and the recommended plan was altered to 80% protection of the Peel. In 2011, the Final Recommended Land Use Plan called for 55% permanent protection, 25% interim protection for possible future plans, with 20% of the region to be open for roads, industrial, and mineral development. The following year it was discovered the Yukon government had its own closed-door plan for the Peel region, favouring extensive industrial development. In 2014, the government rejected the Final Recommended Plan and adopted its own plan to open 71% of the Peel to roads and resource extraction. At this point First Nations groups and conservation groups began legal action. Concluding the legal battles, in 2018, the YLUPC has identified goals and objectives to ensure effective land use planning in the Yukon. They have laid out a plan to carry out in the next three years to fulfill the mandate laid out under Chapter 11 of the UFA. Their goals are:

- Goal 1: Core participants in the Yukon land use planning process have clarity on their roles, responsibilities, and relationships.

- Goal 2: YLUPC’s recommendations have valuable and meaningful effects on Yukon land use planning.

- Goal 3: Regional planning commissions are well structured and supported to do their work.

- Goal 4: Regional Land Use Plans are consistent in their structure, content, and relation to other plans (sub-regional, local area).

- Goal 5: There is clarity among core participants in Yukon Land use planning on post-planning roles, processes and resourcing.

- Goal 6: Land use plans are effective tools for addressing cumulative effects in the region.
Project Area (in hectares)6,743,100
Type of PopulationUrban
Start Date01/10/2004
Company Names or State EnterprisesYukon Land Use Planning Council (YLUPC) from Canada - Company in charge of the Final Recommended Plan for the Peel Watershed Region
Regional Land Use Planning Commission (RLUPC) from Canada - Apart of land use planning process
Relevant government actorsYukon government, Yukon Supreme Court, Yukon Court of Appeal, Supreme Court of Canada
Environmental justice organisations and other supportersCanadian Parks and Wilderness Society Yukon [http://www.cpawsyukon.org] and Yukon Conservation Society [http://yukonconservation.org]

The Conflict and the Mobilization

Intensity of Conflict (at highest level)MEDIUM (street protests, visible mobilization)
When did the mobilization beginPREVENTIVE resistance (precautionary phase)
Groups MobilizingIndigenous groups or traditional communities
Local ejos
Neighbours/citizens/communities
Local scientists/professionals
Yukon's environmental groups, Indigenous groups: The Na-cho Nyak Dun, the Tetlit Gwich’in, the Vuntut Gwitchin, and the Tr’ondëk Hwëch’in First Nations groups
Forms of MobilizationArtistic and creative actions (eg guerilla theatre, murals)
Development of a network/collective action
Development of alternative proposals
Involvement of national and international NGOs
Lawsuits, court cases, judicial activism
Media based activism/alternative media
Public campaigns
Street protest/marches
Appeals/recourse to economic valuation of the environment

Impacts

Environmental ImpactsPotential: Air pollution, Biodiversity loss (wildlife, agro-diversity), Food insecurity (crop damage), Genetic contamination, Global warming, Loss of landscape/aesthetic degradation, Soil contamination, Deforestation and loss of vegetation cover, Surface water pollution / Decreasing water (physico-chemical, biological) quality, Noise pollution, Groundwater pollution or depletion, Large-scale disturbance of hydro and geological systems, Reduced ecological / hydrological connectivity, Mine tailing spills
Health ImpactsPotential: Accidents, Malnutrition, Infectious diseases, Other environmental related diseases
Socio-economic ImpactsPotential: Increase in Corruption/Co-optation of different actors, Displacement, Loss of livelihood, Loss of traditional knowledge/practices/cultures, Land dispossession, Loss of landscape/sense of place, Violations of human rights, Other socio-economic impacts

Outcome

Project StatusProposed (exploration phase)
Pathways for conflict outcome / responseCourt decision (victory for environmental justice)
Application of existing regulations
Project cancelled
The government has withdrawn all mineral exploration in the area until January 2020.
Development of AlternativesThe Yukon government has issued a temporary withdrawal from mineral staking for all lands in the Peel Watershed Region. This applies to subsurface mineral staking administered under the Quartz Mining Act and Placer Mining Act until January 1, 2020. Any work on existing mineral claims is permitted, oil and gas extraction will also not be issued in this region during the same period.
Do you consider this as a success?Yes
Why? Explain briefly.Yes, environmental justice was served. According to all parties involved, all agree they are going in the right direction for the future of the Peel Watershed. Consultation and approval of all parties is the number one priority. Chief of Tr’ondëk Hwëch’in, Roberta Joseph stated, “We are looking forward to consulting on the final recommend plan now that we have clarity from the Supreme Court. Throughout the planning process, First Nations people and Yukoners told us they wanted increased protection for this pristine, natural area and we are eager to hear from them again as we move through final consultation and approval of the plan.” It is too early to tell how the Yukon government and the First Nation groups will cooperate with each other this time around, but all parties seem to be very optimistic.

Sources and Materials

Legislations

Supreme Court of Canada decision - First Nation of Nacho Nyak Dun v. Yukon Government
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16890/index.do

Summary of First Nation of Nacho Nyak Dun v. Yukon Government case held at the Supreme Court of Canada
https://www.scc-csc.ca/case-dossier/info/sum-som-eng.aspx?cas=36779

Umbrella Final Agreement between The Government of Canada, The Council for Yukon Indians, and The Government of Yukon (29 May 1993),
https://www.aadnc-aandc.gc.ca/DAM/DAM-INTER- HQ/STAGING/texte-text/al_ldc_ccl_fagr_ykn_umb_1318604279080_eng.pdf

References

Lovelace, Robert. 2009. Speaking for ourselves. Prologue: Notes from prison.

A Yukon Regional Land Use Strategy. Report. Whitehorse, Yukon: Ryder Communications Management, 2017. 1-30.
http://www.planyukon.ca/index.php/documents-and-downloads/yukon-land-use-planning-council/discussion-papers/cluppreview/lustrategy/823-lustrategy-ryder/file

Issues and Interests Report. Issue brief. Peel Watershed Planning Commission. Yukon: Peel Watershed Planning Commission, 2005. 1-24.
http://peel.planyukon.ca/downloads/dmdocuments/Issues_and_Interests_Report_-_Final.pdf

Yukon Land Use Planning Council: Strategic Plan, 2018-2021. Report. Yukon: Cambio, 2017. 1-15.
http://www.planyukon.ca/index.php/documents-and-downloads/yukon-land-use-planning-council/discussion-papers/827-strategicplan2018-2020/file

Links

CBC News: Peel Watershed Supreme Court Canada Decision
http://www.cbc.ca/news/canada/north/peel-watershed-supreme-court-canada-decision-1.4426845

CTV News: SCC rules against Yukon government in watershed protection case
https://www.ctvnews.ca/canada/scc-rules-against-yukon-government-in-watershed-protection-case-1.3702669

CBC News. 2009. Peel watershed draft plan creates ‘economic disaster’: Yukon mining chamber. CBC News online:
http://www.cbc.ca/news/canada/north/peel-watershed-draft-plan-creates-economic-disaster-yukon-mining-chamber-1.827838

CBC News. 2014. First Nations, environment groups sue Yukon over Peel plan. CBC News online:
http://www.cbc.ca/news/canada/north/first-nations-environment-groups-sue-yukon-over-peel-plan-1.2512433

CBC News. 2014. Peel plan protesters rally across Yukon and N.W.T. CBC News online:
http://www.cbc.ca/news/canada/north/peel-plan-protesters-rally-across-yukon-and-n-w-t-1.2515890

Cruickshank, Ainslie. 2012. Voice from the Yukon’s peel watershed land-use debates. Canadian Geographic.
https://www.canadiangeographic.ca/article/voices-yukons-peel-watershed-land-use-debate

Clynes, Tom. 2017. Vast Yukon wilderness protected in ruling for Native tribes. National Geographic.
https://news.nationalgeographic.com/2017/12/peel-watershed-yukon-protected-canada-supreme-court-decision-spd/

Olynyk, John, Keith Bergner, and Toby Kruger. "Implementation of Modern Treaties: First Nation of Nacho Nyak Dun v. Yukon." Project Law Blog. 2017.
https://www.lawsonlundell.com/project-law-blog/implementation-of-modern-treaties-first-nation-of

"Together Today for Our Children Tomorrow." Council of Yukon First Nations.
https://www.cyfn.ca/agreements/together-today-for-our-children-tomorrow/.

Tobin, C. (2002, Apr 01). Four Yukon First Nations reach land claims agreement with Yukon, Ottawa. Canadian Press NewsWire.
http://www.ubishops.ca:2048/docview/359676711?accountid=8636

"Government of Yukon and First Nations Leaders Set Course for Final Regional Land Use Plan for the Peel Watershed." Government of Yukon.
http://www.gov.yk.ca/news/18-017.html.

"Supreme Court of Canada." Protect the Peel.
http://protectpeel.ca/our-story/supreme-court-of-canada/

Shirley McLean. 2017. Yukon chamber of mine concerned about SCOC peel decision. APTN News online:
http://aptnnews.ca/2017/12/04/yukon-chamber-of-mines-concerned-about-scoc-peel-decision/

"Peel Watershed Planning Commission." Peel Watershed Planning Commission.
http://cpawsyukon.org/campaigns/peel-watershed

"Peel Watershed Regional Land Use Planning - Regional Land Use Planning- Government of Yukon." Regional Land Use Planning.
http://www.emr.gov.yk.ca/rlup/peel-watershed-regional-land-use-planning.html

Media Links

Social media hashtag: #protectthepeel

A website dedicated to the Peel Watershed. They do not want lose this unparalleled Canadian treasure. They are able to show all levels of government, and the public, that the Peel Watershed is precious to Yukoners, Canadians, and the world.
www.protectpeel.ca

Video: Yukon Land Use Planning Council: Our Land, Our Future: Regional Planning in the Yukon
https://www.youtube.com/watch?time_continue=59&v=vWddtIBOVAs

Video: Protect the Peel Goes to Ottawa
https://www.youtube.com/watch?v=ebTMKnhrKck

Other Documents

The beautiful Peel Watershed region.
https://file.ejatlas.org/docs/Picture4.jpg

The Peel Watershed region and the Yukon territory.
https://file.ejatlas.org/docs/Picture1.jpg

The beautiful Peel Watershed region.
https://file.ejatlas.org/docs/Picture3.jpg

#ProtectPeel
https://file.ejatlas.org/docs/Picture2.jpg

Meta Information

ContributorOlivia Hewitt - [email protected] - Bishop's University
Last update05/02/2019

Images

 

The beautiful Peel Watershed region.

 

The Peel Watershed region and the Yukon territory.

 

The beautiful Peel Watershed region.

 

#ProtectPeel