'A betrayal': Yukon First Nations call on government to repeal mining amendments

Yukon First Nations are calling on the territorial government to repeal amendments it made in May to mining regulations.

The temporary amendments to the Placer Mining Land Use Regulation, the Quartz Mining Land Use Regulation and the Waters Regulation will extend some mining permits to allow operators to continue work while waiting for licence renewals. 

In a statement announcing the changes in May, the government said the goal was to address a significant backlog of permit approvals. 

However, Yukon First Nations say the changes were made without engagement or consultation with them. At the Council of Yukon First Nations (CYFN) general assembly last month, the Tr'ondëk Hwëch'in First Nation (TH) brought forward a resolution to address the amendments, which was passed by the council. 

A CYFN statement on the resolution says "serious concern" was expressed about the changes.

"It was a move that [made] the nations feel disrespected," said CYFN Grand Chief Math'ieya Alatini.

The CYFN resolution urges the territorial government to revoke the amendments. If no action is taken by the end of the month, CYFN says it will call an emergency meeting to consider legal action.

In a statement on Wednesday, Tr'ondëk Hwëch'in said that it only learned of the amendments after they were developed and brought into effect. The First Nation says that violates its final agreement, and ignores the Supreme Court of Canada's consistent rulings that require the Crown to consult when considering action that may affect Indigenous peoples' constitutionally protected rights.

"This is inconsistent with the honour of the Crown and unbecoming of our treaty partner," TH's statement reads.

In a written statement, Hähkè (Chief) Darren Taylor says TH felt blindsided, especially because the First Nation has been working with the territory to update mining legislation.

"The backroom way that [the Government of Yukon] proceeded in amending these laws is a betrayal of [its] commitment to work with TH to replace the outdated placer and quartz legislation," said Taylor.

"And it seriously undermines the years of work and resources that our government has committed to help develop new, better and safer mining laws."

Taylor says he supports mining that is done in a responsible way. 

The First Nation also acknowledged that placer mining "is an important part of the Dawson City economy and that many of our citizens work in the industry," but it said mining activity should not happen "at the expense of TH treaty rights and interests."

TH says it's concerned the amendments will extend mining approvals without proper environmental and regulatory assessments, which puts the First Nation in an uncomfortable position.

"This pits industry against First Nations, because First Nations are forced to either support [the territory's] actions at the expense of treaty rights and interests, or take action to protect our treaty rights and be labelled as not supportive of the industry. Everyone loses," its statement reads.

TH also says that the backlog in permit approvals was "entirely foreseeable" and could have been addressed in partnership with Yukon First Nations. It says the government instead opted for a "band-aid" solution that doesn't guarantee another backlog won't happen again down the road.

'We take the concerns ... seriously,' gov't says

The territory said in May that the backlog was partly because of the permits' 10-year authorization cycle, which creates a disproportionate number of applications up for renewal every decade.

In an emailed statement to CBC News, a government spokesperson said the permit extensions apply only to mining activities that have already undergone thorough review and approval under the Yukon Environmental and Socio-Economic Assessment Act. That process included meaningful consultation with affected First Nations at the time of assessment, the spokesperson said.

"We take the concerns raised by Yukon First Nations regarding consultation and calls for repeal seriously," the statement reads.

For the most part, miners will need to operate within the terms and conditions of their existing permits.

A letter from John Streicker, the minister of energy, mines and resources, to Taylor says in a few cases, new terms may be added. But, Streicker wrote, new mining activities or areas cannot be approved under these amendments. Streicker added the government will be in contact with miners about exactly what would be allowed under their new terms.

But Taylor says the government is not acting responsibly when it comes to mining.

"[The territory] is rolling the dice and hoping there won't be another Eagle Gold mine incident," Taylor wrote in his statement. "TH and all Yukoners deserve better."