No land claim means we're ignored in Yukon mine assessment, First Nation says

Yukon's White River First Nation is pushing for a stronger review of a proposed mining project, saying the current environmental assessment process is "unfair," and excludes the First Nation's input.

Mining giant Goldcorp has applied to the Yukon Environmental and Socioeconomic Assessment Board (YESAB)  to build a gold mine near Coffee Creek, about 130 kilometres south of Dawson City.

"This area is important to WRFN [White River First Nation] history, culture and way of life," said the First Nation's chief, Angela Demit, in a statement.

"We don't want another repeat of the Faro mine where the First Nations were not adequately consulted... and now look at the mess all Canadians are paying to clean up."

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White River is one of three Yukon First Nations to never sign a land claim agreement with the federal and territorial governments. That means the First Nation's interests and concerns can be effectively ignored during a YESAB assessment, Demit argues.

"Ours is an oral history and culture which comprises our Traditional Knowledge; passing papers back and forth will not allow us to convey our issues and concerns through our oral history," the statement says.

White River says YESAB should conduct a "panel review" of the Goldcorp project.

According to YESAB's website, a "Panel of the Board" can be established to assess projects that have potential significant adverse effects, are of significant public concern, involve the use of controversial technology, or for projects that have been assessed without an agreement on recommendations. 

It would be a step up from the current screening process now being done by YESAB's executive committee.

Process ignores First Nation, lawyer says

Robert Freedman, the First Nation's lawyer says a panel review would be more fair. 

"White River continues to be treated as an afterthought, or largely ignored in this process, because they are not a signed First Nation," he said. "They see the process as largely unfair."

"The problem is, the definition of consultation in YESAA [the Yukon Environmental and Socio-economic Assessment Act] doesn't apply to White River."

Freedman says that puts it into a kind of grey area when it comes to YESAA.

"The only place that White River potentially comes in is a section that was added maybe five years ago, about the interests of First Nations," Freedman said. "I don't know what 'interests' mean — I know what 'rights' mean."

"If YESAA applies, a panel at least is a fair and transparent way of dealing with the concerns."

Freedman also says the project warrants extra scrutiny and study because it may ultimately lead to more development in the area, in the years ahead.

"This is the tip of the iceberg. And in other parts of Canada, there are thorough reviews of these kinds of projects, and particularly when it could open up an entire territory," he said.

YESAB 'looks forward to working with you'

CBC contacted YESAB about these issues but was told the board decided "not to engage" at this time.

But in a letter sent last month to Chief Demit, the chair of the YESAB executive committee told her the committee wanted to meet with the WRFN to discuss the First Nation's "preferred method for engagement."

Chair Wendy Randall also wrote that the committee would engage with the First Nation "to hear views and concerns about potential side effects" of the project.

"The Executive Committee looks forward to working with you and your Council as we undertake the screening of this project," Randall wrote.

Chris Cormier of Goldcorp, meantime, says the company doesn't see a need for a YESAB panel review.

"From our perspective, we believe that we fully complied with the permitting process laid out by YESAB," Cormier said.

"Given the size and scope of our project in the territory compared to others, we believe it's scoped appropriately within the process."

A written statement from the Yukon's deputy-premier, Ranj Pillai, also notes past practice.

"To date there has not been a panel review for a project of this size. The Government of Yukon will follow whichever process is required for the assessment," said Pillai.

He added the government respects the ability of the Yukon Environmental and Socio-economic Assessment Board to decide whether a panel review is needed or not.