Yukon NDP pushes to restore requirement for First Nations' consent over oil and gas development
CBC
The Yukon NDP wants to reinstate a clause into the territory's oil and gas legislation that would require First Nations' consent for exploration and development activities to happen in their traditional territories.
This week, NDP Leader Kate White tabled a bill at the Legislative Assembly that was debated by MLAs.
Ten years ago, the former Yukon Party government repealed the clause, to the ire of First Nations. The move, in effect, torpedoed veto power First Nations held over oil and gas dispositions in their traditional territories. The clause was originally included to ensure certainty among parties while land claims were being negotiated.
White says the repeal was "unilateral," and that her bill is a way to atone for what she calls a mistake.
"It was a mistake that I couldn't stop and my colleagues couldn't stop, no matter how hard we tried to fight," she said.
"This is an opportunity to right the wrong that happened in 2012."
The issue goes back even further, to the territory's devolution agreement.
In 1997, Yukon First Nations, the Council of Yukon First Nations and the Yukon government signed a memorandum of agreement, which helped lay the groundwork for devolution. The agreement supported the transfer of land and resource management responsibilities from Ottawa to the territorial government, subject to stipulations to respect the rights and interests of First Nations.
As part of the process, First Nations also agreed to the transfer of control over oil and gas administration. This helped pave the way for the consent clause, which, before it was repealed, forbade oil and gas dispositions without the consent of First Nations that didn't have signed final agreements.
Several First Nations have sent letters to White in support of the NDP's bill.
Dylan Loblaw, the chief of the Ross River Dena Council, calls the decision by the former Yukon Party government "contentious," and one that flew in the face of Kaska chiefs.
The letter says that reinstating the consent clause "is the right decision and a positive step in demonstrating good faith and the Yukon government's genuine commitment to reconciliation, while reassuring the Kaska that the Yukon government is in support of the principles of human rights within the UNDRIP [United Nations Declaration on the Rights of Indigenous Peoples], and mindful of Kaksa's constitutionally protected Aboriginal rights."
The bill has yet to pass the Legislative Assembly. MLAs could vote on it on Nov. 9, when the NDP can next introduce it.
Stephen Charlie, the chief of Liard First Nation, is also backing the bill.
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