The Parliamentarian 2011: Yukon supplement

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YUKON

New Partnerships in a Changing Environment

PAGE 6

PLUS The Political Evolution of Yukon PAGE 2

Helping Yukon’s Homeless PAGE 10

Larger than Life: Marketing Destination Yukon PAGE 14

Women in Politics can Make a Difference PAGE 28

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Tombstone Territorial Park, Yukon

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2011: ISSUE ONE - YUKON CONTENTS

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A Profile on the Yukon Legislative Assembly, host of the CPA Mid-Year Executive Committee Meeting The Political Evolution of Yukon Hon. Ted Staffen, MLA Page 2

The Operations of a First Nation Government Hon. Marian Horne, MLA. Page 22

New Partnerships in a Changing Environment

Civil Forfeiture – A Slippery Slope

Helping Yukon’s Homeless

Women in Politics can Make a Difference

Mr Arthur Mitchell, MLA. Page 10

Hon. Elaine Taylor, MLA. Page 28

Larger than Life: Marketing “Destination Yukon”

Modernizing Yukon’s Mining Regime

Hon. Dennis Fentie, MLA. Page 6

Hon. Elaine Taylor, MLA. Page 14

Getting Yukoners involved in the Peel Watershed Land Use Plan Ms Elizabeth Hanson, MLA. Page 18

Mr Donald Inverarity, MLA. Page 24

Mr Steve Cardiff, MLA Page 32

Energy Drinks – Consumer Cornucopia or Chemical Cocktail?

Mr Darius Elias, MLA. Page 36

Front cover Eagle Totem Pole against a blue sky in Carcross, Yukon,.

Image: Shutterstock® Promoting sustainable forest management

All images – unless indicated – credited to Yukon Government Photos.

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POLITICAL EVOLUTION

THE POLITICAL EVOLUTION OF YUKON Representative government in Canada’s northwestern territory has evolved from an advisory Chamber appointed by a government thousands of miles away in Ottawa to an elected House with political parties and its own way of working, writes the Yukon’s Speaker.

Hon. Ted Staffen, MLA, Speaker Yukon Legislative Assembly, in Whitehorse.

Mr Staffen was first elected to the Yukon Legislative Assembly in 2002 and was elected as Speaker in 2003.

He has a background in the public sector, having worked as a legislative researcher for the Yukon government, and has served as Executive Assistant to cabinet Ministers and as Director of Research to Cabinet.

History The area now known as the Yukon became part of Canada on 15 July 1870 when an Imperial Order in Council gave effect to the Rupert’s Land Act of 1868. The transfer came after Canada had agreed to purchase the areas previously known as Rupert’s Land and the North-Western Territory from the Hudson’s Bay Company. From 1870 the Yukon was part of the North-West Territories (NWT). A federal Order in Council issued on 2 October 1895 created the Yukon as a provisional district of the NWT. A proclamation, issued pursuant to the North-West Territories Act, converted the provisional district of Yukon into a separate judicial district of the NWT on 16 August 1897. On 13 June 1898, due largely to pressures created by the Klondike Gold Rush, the Yukon Territory Act made the Yukon a separate territory in the Canadian federation.

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Hon. Ted Staffen, MLA

Representative and responsible government The governing structure created by the Yukon Territory Act consisted of a Commissioner and a Council of four Members, all appointed by the government of Canada. The Commissioner exercised executive authority in the territory. The territorial Council gave advice to the Commissioner but he did not have to take it.

This arrangement offended the sensibilities of people in the Klondike and in 1900 elections were held to add two elected members to the council. The balance between appointed and elected members gradually tipped in favour of elected members. By 1909 representative government arrived in the form of a wholly elected council of ten.

Despite this explosion of democracy real power still lay in the hands of the Commissioner, which is to say in the hands of the government of Canada. Until the 1950s the federal government reserved the right to abolish the territorial Council by order in council. In 1953 the federal Government moved the Yukon’s capital from Dawson City to Whitehorse, despite the council’s objections.

The first tentative move toward responsible government took place in 1961, where the first

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POLITICAL EVOLUTION

advisory committee on finance was set up pursuant to a 1960 amendment to the Yukon Act. The idea was that the Commissioner would consult with this threemember committee of the territorial council in preparing the

Minister of Indian and Northern Affairs, issued a letter of instruction to Yukon Commissioner Ione Christensen. Epp's instructions changed the Executive Committee to an Executive Council and transformed the Commissioner's

three until 1952 when it was increased to five, then seven (in 1961), 12 (in 1974), 16 (in 1978), 17 (in 1992) and 18 (in 2002).

With the passage of the Electoral District Boundaries Act in 2008 the Yukon Legislative Assembly

annual budget. However the committee members were not members of the executive council.

For a variety of reasons the committee was not effective in giving council members a real say in the Yukon’s fiscal matters.

A more effective move toward responsible government took place in 1970. That year the Honourable Jean Chrétien, then Minister of Indian Affairs and Northern Development, created an executive committee for the Yukon. This committee included the Commissioner, two appointed assistant Commissioners, and two elected members of the territorial council. The Commissioner gave the two elected members, Mr Norm S. Chamberlist and Ms Hilda P. Watson, responsibility for Health, Welfare and Rehabilitation, and Education, respectively.

Full responsible government – in practice, if not in law – came to the Yukon on 9 October 1979. On that day the Honourable Jake Epp,

role. For 81 years the Commissioner had acted as an appointed head of state and head of government. Now the Commissioner would only exercise the head of state role, like that of a provincial Lieutenant-Governor.

The Commissioner was not to sit on the territorial Executive Council and was to act on the advice of the Executive Council in all matters under territorial jurisdiction.

Opposite: The exterior of the Legislative Assembly; Above: Speaker Staffen standing with Members and Clerks of the Assembly and the Serjeant-at-Arms with the Mace.

The evolution of the Assembly With the decrease in population that accompanied the waning of the gold rush, the Parliament of Canada amended the Yukon Territory Act in 1918 to give the federal Cabinet the power to abolish the elected Council.

Following another Yukon Territory Act amendment in 1919 the Council was reduced from 10 Members to three. This reduction took effect at the time of the 1920 election. The Council remained at

will grow to 19 seats in the next general election, which will occur by the fall of 2011.

Along with an increase in size the composition of the Assembly has changed. One important change was the introduction of party politics in 1978. Until then Members had been elected as independents, though each had a known affiliation to a political party.

With the advent of parties and responsible government the title of head of government passed from the Commissioner to the Member who enjoys the “confidence of the house.” In practice this has meant the leader of the largest party in the Assembly.

Another important change in

the composition of the Assembly is a result of the expansion of the electoral franchise. Women gained the right to vote and stand for election in 1919. However the Yukon Legislative Assembly did not have its first woman member until Jean Gordon was elected to represent the electoral district of Mayo in 1967. During the 30th Legislature (2000-2002) Yukon had its first woman premier, Pat Duncan, and women occupied five of the Assembly’s 17 seats. For a time during the 30th Legislature Ms Duncan’s cabinet included four women (including herself) and three men, the only time the Yukon Cabinet has had a majority of women. In all, 20 women have been elected to the Assembly since 1967, 12 of them serving in Cabinet.

Yukon First Nations (aboriginal) people gained the right to vote in a territorial election for the first time in 1961. However, it was not until 1978 that Alice McGuire and Grafton Njootli became the first First Nations candidates elected to the Assembly. In all, 18 First Nations persons have been elected to the Assembly since 1978, eight of whom served in Cabinet. The largest number of First Nations members to serve simultaneously is five, a number reached following a by-election in 1987, during the 26th Legislature.

Two First Nations members, Sam Johnston and Robert Bruce, have served as Speaker.

In fact, Mr Johnston was the first First Nations person to serve as the Speaker of a Canadian Assembly.

These important changes made it possible for Yukon Government and politics to become more representative and more democratic. Though, as noted, change did not occur quickly.

The powers available to the Assembly have also expanded.

This has been a gradual process, largely over the past 30 years. In the 1970s the Yukon gained

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POLITICAL EVOLUTION

A sitting in progress inside the Chamber.

control over the administration of justice, highway maintenance personnel and resources, and the administration of fresh water sports fishing. In the 1980s came control over land titles and the assets of the Northern Canada Power Commission. The 1990s saw the transfer of control over oil and gas, health care and airports.

On 1 April 2003 a new Yukon Act took effect. This Act

transferred federal responsibility over land, water and natural resources. With this transfer the government of Yukon now has almost the same powers as a provincial government. However, this transfer of power will not change the Yukon’s constitutional status. Territorial jurisdiction will continue to be enshrined in a law of the federal Parliament, the Yukon Act, unlike the delineation of federal and provincial powers, which are largely outlined in the Constitution Act, 1867. The new Yukon Act also modernized the language of the act, which now

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recognizes the Yukon’s elected representatives as constituting the Yukon Legislative Assembly. The former act referred to a Yukon Territorial Council. The new Yukon Act also enshrines in law the principles of responsible government contained in the Epp letter.

The transfer ended a process that began in the mid-1990s and involved the Government of Canada, the Government of Yukon and, to an extent, Yukon First Nations. No powers were transferred to Yukon First Nations who have negotiated significant

rights and authority under land claims and self-government agreements. Still, it was agreed that their substantial interests in the Yukon’s governing structure merited involvement in these negotiations.

The Yukon Legislative Assembly Today Yukon’s current governing structure – and its day-to-day operations – resemble those of Canada’s provinces and the federal government, although on a smaller scale.

The Assembly adheres to the

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POLITICAL EVOLUTION

legislative reform, rather than electoral reform.

same basic procedural principles characteristic of the Westminsterstyle Parliament seen in the provinces and the House of Commons. There are 18 Members of the Yukon Legislative Assembly (MLAs). Each MLA represents one electoral district. Since 1978 most MLAs have belonged to a political party. Since the advent of party politics there have been three instances of minority government: 1985-87, 1992-96 and 2002, none of which was ended by a loss of confidence.

This smaller scale affects the Assembly’s daily operations.

Whereas larger Legislatures tend to deal with Bills in specific committees established to oversee certain jurisdictional areas, the Yukon Legislative Assembly almost always deals with its Bills in Committee of the Whole.

Also, unlike in larger Assemblies, Ministers of the Yukon government usually oversee more than one department or government corporation; and some of these portfolios would be more than one in a large province or at the federal level.

While the Assembly has changed over time there has been little discussion of incorporating new communications technologies into its workings. For example, there has been little discussion of e-democracy initiatives in Yukon.

Perhaps this is because Yukon has

not seen the decline of voter turnout that some other jurisdictions have in recent general elections. Since the advent of party politics, voter turnout for general elections has remained in the 7280 per cent range.

There has also been some discussion of allowing Members to use electronic devices in the Chamber, but no initiatives have been brought forward. In terms of electoral reform the Yukon Government appointed Ken McKinnon, a former Member and Commissioner, to observe the proceedings of the electoral reform initiative in British Columbia.

He submitted his report in 2005.

He did not recommend any changes to Yukon’s electoral system and observed that Yukoners were more interested in

The Yukon Legislative Assembly building The Legislative Assembly is housed in the Government of Yukon Main Administration Building in Whitehorse. The building officially opened on 25 May 1976 and the Legislature first met in the Assembly Chamber on 2 November 1976. From 1953 to 1976 the Legislative Assembly met in the main federal government building in Whitehorse. From 1898 to 1953 the Yukon Territorial Council met in Dawson City. The building in which the council met in Dawson City is now used as a museum, archive and circuit court.

The dominant colour of the Assembly Chamber is green and the walls are yellow. A dominant feature of the chamber is the tapestry that hangs behind the Speaker’s chair. The tapestry is entitled “Fireweed” and is a 5.4x3.6 metre abstraction of the Yukon’s floral emblem, and contains images that reflect the natural resources and landscapes of the territory. Canadian artist Joanna Stanizkis created the tapestry. It required 1400 hours of work and more than 90 kilograms (200 pounds) of wool to complete, most of which was hand spun.

The Chamber is also decorated with banners that contain features found on the Yukon Crest. The banners are of two types. The first type contains wavy stripes that represent the Yukon River and the gold-bearing creeks of the Klondike; and spire-like forms that represent the territory’s mountains.

Yellow circles within those spires symbolize the Yukon’s mineral resources. The other type of banner contains the red cross of St George in recognition of the early English explorers who came to the Yukon in the early-to-mid 19th century. In the middle of the cross of St George is a “roundel in vair”, a symbol of the fur trade.

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NEW PARTNERSHIPS

NEW PARTNERSHIPS IN A CHANGING ENVIRONMENT Development projects, climate change and challenges to Canadian sovereignty in the Arctic are placing new demands on Yukon, so the territory is mobilizing its communities and joining with its neighbours to build a strong North, says its Premier.

Hon. Dennis Fentie, MLA, in Whitehorse.

Mr Fentie was first elected to the Yukon Legislative Assembly in September 1996, before becoming leader of the Yukon Party in 2002.

Until his election as an MLA, he was Director of the Association for Yukon Forests.

Yukon is blessed with a diverse landscape, rich natural resources, and a strategic location in northwestern North America.

These natural gifts have attracted people for thousands of years and have sustained northern peoples and their communities.

From Beringian times to the present, Yukon has been a region well-connected within the circumpolar area and throughout the world.

Major infrastructure projects – like the construction of the White Pass and Yukon railway, the Alaska Highway, and the Dempster Highway – continue to keep people and communities connected, both within the Yukon and beyond our borders.

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Hon. Dennis Fentie, MLA

Modern transportation systems – along with modern communication systems – help us share our stories and conduct business in many languages, within our region and throughout the world. Virtual medical and

education initiatives, for example, help us bridge great distances, and work to advance our health and wellbeing.

Today, there is no shortage of issues that transcend the borders of Yukon, the North and Canada – issues like climate change, increasing demands for energy and resources, human rights and human security, to name a few.

Increasingly, to effectively address these issues, we require partnerships politically, economically and socially, at home, regionally and with the world.

There are some key partnerships and recent developments in Yukon that are strengthening our role in Canada, North America and the world.

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Key partnerships The negotiation and implementation of Yukon land claims agreements are creating the fundamental partnerships that are guiding – and will continue to guide – the Yukon’s prosperity in this century.

Since the signing of the Umbrella Final Agreement in 1993, 11 of Yukon’s 14 First Nations have agreements in place and are selfgoverning.

These constitutionally protected agreements provide for ownership and management of First Nation lands and resources, as well as self-governing powers related to First Nations citizens.

They establish mechanisms for cooperation in a wide array of areas, such as wildlife management, land use planning and the assessment of development projects. A host of boards and committees involving First Nation and Yukon government appointees, and sometimes federal representatives, are now working together in planning Yukon’s future.

The Yukon government has also signed a Memorandum of Understanding with self-governing First Nations. It sets out a commitment to work together, within our respective jurisdictions, on areas of mutual interest. This commitment is enshrined in Yukon legislation, cementing for the

future the shared objective of cooperation and collaboration.

The Yukon Forum enables the Government of Yukon to sit down with the 14 Yukon First Nation governments to deal with matters of mutual interest and of significant benefit to the territory.

The Intergovernmental Forum extends the arrangement between the Yukon government and the Yukon First Nation governments to include the federal minister of the Department of Indian and Northern Affairs so that key decisions and deliberations which affect all Canadians are discussed in a forum that allows an ongoing partnership and collaborative decision-making process.

Another key development was the transfer of federal programmes and responsibilities to the Yukon government – a process known as devolution.

The federal Yukon Act of 1898 established Yukon as a separate political territory with some local control over its residents. Over the years, the broad scope of federal responsibilities in Yukon has been devolved to locally-elected territorial governments. This has resulted in more locally relevant and accountable laws and programmes administered not from Ottawa, but in Yukon – and for Yukon.

The last major revisions to the Yukon Act came into effect in

2003. These gave the Yukon government similar legislative responsibilities as the provinces in managing public lands and resources. They also legally recognized responsible government mechanisms that have been in place since l979, mechanisms that are again similar to the provinces.

The settlement of Yukon land claims and devolution are together enhancing our ability to locally manage economic, environmental and social interests for the wellbeing of our citizens and communities.

As the Yukon has matured through these and other developments, our relations with other regions have also grown and matured. Our relationships are many – and varied, embracing our northern neighbours and our circumpolar friends.

For example, Yukon hosted the first international meeting of the Circumpolar Agricultural Association in 1992, at which Agriculture Branch officials sit on the executive of this body.

Our Department of Environment works with the Arctic Council’s Arctic Monitoring and Assessment Programme on northern contaminants and it also supports Conservation of Arctic Flora and Fauna projects.

In the field of sports, Yukon regularly takes its turn with other

northern regions in hosting the Arctic Winter Games. This has brought children from as far away as Magadan in Russia to the Yukon to play soccer and Arctic sports alongside our youth.

For the first time, the Canada Winter Games was held North of 60, when about 4,000 participants arrived in Whitehorse in February 2007 for the 40th anniversary of this national event.

We took a pan-northern approach to hosting the Games, with all three territories joining efforts to showcase our culture, our people, our communities, and our economic opportunities. This northern partnership expanded to the 2010 Winter Olympic and Paralympic Games in British Columbia, and has had results beyond anything that we have experienced together to date.

But it reflects an enhanced interest in our northern connections – connections we increasingly value.

Northern connections Territorial Premiers signed the Northern Cooperation Accord in September 2003. Under this framework, we are working to address priorities like health care and fiscal reform, infrastructure and economic development.

We also have bilateral cooperation accords with our immediate neighbours in the

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NEW PARTNERSHIPS

Left to right: The Alaska Highway; a skater in the Canada Games; and the Northern Forum Group.

Northwest Territories, British Columbia, Alberta and Alaska.

These facilitate cooperation on various common interests – tourism, economic development, transportation, and the provision of health services to bordering communities, and others.

The state of Alaska has become an important partner to the Yukon in meeting our regional economic objectives.

Historical connections to Alaska through the White Pass and Yukon Route, and the Alaska Highway have generated strong shared interests in some key areas.

In addition to tourism, and shared transportation links, we are currently focused on future development of the Alaska Highway Gas Pipeline and the Alaska-Yukon Railway project.

The Intergovernmental Accord between Yukon and Alaska, recently renewed, supports our common interest in these projects.

The signing of the accord in late

2003 led almost immediately to reciprocal fishing licence fees on both sides of the border – an immediate benefit to individual residents of Yukon and Alaska.

There are a variety of other intergovernmental partnerships that enable the Yukon to participate actively in circumpolar relations. Some of these have been in place for some time, while others are new or emerging.

For example, the Yukon government was one of the founding members of the Northern Forum, which was established in 1991.

The purpose of this non-profit governmental organization is to help foster relationships among sub-national governments to support northern sustainable development.

Yukon now co-chairs that organization with Nunavut.

Members of the Northern Forum include the State of Alaska, several regions in Russia and the Nordic

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countries, as well as the Heilongjiang province in northern China and the Hokkaido prefecture in northern Japan.

Quebec, whose northern regions

“The North now faces new challenges to its sovereignty and security caused by predicted opening of the Northwest Passage and increased shipping.” shares similar challenges as we do in supporting small communities, is the newest member.

The Yukon government has

been actively participating in the work of the Arctic Council since this organization was formed in l996.

Yukon and the North have always played an important role in helping Canada assert its sovereignty. The use and occupation of the North and the Arctic has been key to this objective. Historically, Canada has acted in reaction to waves of newcomers – the gold seekers, the whalers, fur traders, early European explorers and international scientists. It licensed research, it defended and enforced borders and policed the north – whether it be at Herschel Island on the edge of the Beaufort Sea, or the Chilkoot Pass, Canada’s entry to the Klondike.

Canada’s partnering in joint defence projects with the U.S. resulted in construction of the Alaska Highway in l942 – the Distant Early Warning System in the l950s – and today’s

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continental defence systems under NORAD. Historically, Yukoners had little say on these developments or on their impacts, which in some cases have often had significant effects on First Nation communities and their way of life.

The North now faces new challenges to its sovereignty and security caused by predicted opening of the Northwest Passage and increased shipping. Global demands for energy and mineral resources, and even water are other factors.

Increasing military interests and U.S. security concerns after the events of 9/11 have created new issues, too. There are public concerns about Canada’s response to ballistic missile defence plans, border disputes, and ownership questions like Hans Island. There are also concerns about Canada’s ability to respond to Arctic emergencies.

Since 2003, Yukon has worked

more closely on a pan-territorial basis with its sister territories in advancing shared interests with both Canada and provinces through forums such as the Council of the Federation and First Ministers’ Meetings. This has enhanced our abilities to address issues like healthcare funding, formula financing needs and sovereignty and security.

One of the major policy documents that guides our work is “A Northern Vision – A Stronger North and a Better Canada”. This was developed jointly by the three territories in 2007, in an effort to maintain a cooperative and consistent approach to national and international relations and issues. The Northern Vision has a few key policy pillars: •

•

We must adapt to climate change – the North is being hit first and worst in Canada; The best manifestation of Canadian sovereignty in the

•

North is through the development and support of healthy, sustainable communities; and We must move forward in partnership – not just the North, but Canada as a whole.

As Canadians look more and more to the North as a place that helps define our country, we, as Northerners, welcome the opportunity to share with all Canadians as we build a stronger region and country.

Yukon has, for many years, worked to ensure the issues and opportunities of Canada’s North are more prominent and better understood nationally and internationally.

Strong, healthy communities will create a presence that will contribute forcefully to Canada’s sovereign rights in the North. We believe that working in collaboration with other governments and aboriginal

partners, and investing in communities and community infrastructure will result in a stronger and more secure North.

The profile of Yukon on the regional and national stage has increased dramatically as a Canadian jurisdiction of increased private and public sector investment, as a leader on social and economic policy and as a territory with 11 self-governing First Nations implementing modern-day treaties for the betterment of their citizens. These efforts have contributed to significant social and economic innovation and growth for Yukon citizens and Canada.

The Yukon government has focused its efforts on responsible fiscal planning, development of infrastructure and natural resources, and investment in Yukon’s people, communities and natural environment to position our jurisdiction for a strategic and healthy economic and social future.

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HELPING THE HOMELESS

HELPING YUKON’S HOMELESS Providing adequate housing for vulnerable groups in a large northern territory with a small, scattered population and a harsh winter climate will make Yukon a better place for all, says its Opposition Leader.

Mr Arthur Mitchell, MLA, in Whitehorse.

Mr Mitchell became Leader of the Yukon Liberal Party in June 2005. He was elected to the Legislative Assembly in a by-election in November 2005 and reelected in the general election of 2006. Mr Mitchell is also Liberal critic for the Executive Council Office, the Department of Finance and the Department of Health and Social Services. A businessman, he has been the Executive Director of the Yukon Chamber of Commerce, a business consultant, realtor and property developer.

Homelessness takes on life and death significance in Yukon’s harsh northern climate. The debate over housing as a basic human right takes on greater meaning when survival depends on shelter from the cold. Yukon’s small population base makes it that much more difficult to address homelessness because the government has no opportunity for the economies of scale that would be found in larger jurisdictions.

The fact that homelessness remains an unresolved social issue in Yukon is cause for concern.

Government alone cannot address all the homelessness problems for each individual in need.

The harsh reality of Yukon’s northern climate however,

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Mr Arthur Mitchell, MLA

demands that we meet every individual’s need for shelter.

Providing permanent shelter in Whitehorse for the homeless population has been reviewed, discussed, and debated several

times in many forms. The only thing that has remained consistent throughout these discussions is the evasiveness of a workable solution that is both achievable and affordable.

Local efforts by nongovernment organizations to provide temporary shelter for the “hard to house” have provided a patch-work social safety net for the homeless demographic.

Governments at all levels have also developed a patch-work of programmes that are separately funded and specifically focused to address different aspects of homelessness.

While there can be significant differences between each of us as individuals, there are rare

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opportunities when we can all come together to find a solution for a collective problem. If we are to help our fellow human beings live full, rich and meaningful lives, a place to call home is a good start.

Supportive housing Supportive housing is a hybrid solution aimed at addressing the need to provide a home for the most vulnerable people in our society. The term "supportive housing" refers to affordable, quality housing for people with mental health issues. It takes the aspects of institutionalized shelters including on-site supervision and accessible support services and combines them with aspects of government-run affordable housing initiatives that offer privacy, security, and tenure.

Supportive housing is not intended to be a catch all for the homeless. Tenants share a common need, which could include individuals with Fetal Alcohol Spectrum Disorder, brain injuries, cognitive or physical disabilities, autism, as well as individuals who are recovering from substance abuse problems or simply

struggling to develop basic life skills.

Such facilities have been built and operated in dozens of neighbourhoods throughout Canada for several decades.

Establishing adequate supportive housing in Yukon and sustaining an environment where supported living is both effective and economical is going to require everyone working together to achieve meaningful and lasting results.

We don’t have to start from scratch on this issue. We can learn from the lessons of other areas and apply what we’ve learned to the specific and unique circumstances of Yukon. The proper role for Parliamentarians in this case is to demonstrate leadership in creating inclusive neighbourhoods – listening and providing pragmatic solutions to the concerns that are raised.

Surviving Yukon’s harsh winter climate is a challenge for vulnerable groups in society like the homeless.

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The city of Whitehorse; Right: Mr Mitchell in Copper Ridge, Yukon.

The cost of supportive housing is much less than the cost of “doing nothing”. Currently housing investments are not coordinated with support services funding.

Government and nongovernmental funding priorities do not include hybrid solutions such as supportive housing and private sector developers will not address the full scope of supportive housing on their own.

Non-Government Organizations The Northern Cities Supportive Housing Coalition is a Yukon founded non-for-profit organization that is dedicated to providing affordable and supportive housing to our most

marginalized individuals. The coalition envisions supportive housing with self contained suites that include common space, innovative building technologies, and on-site services to support healthy living. A safe, secure and healthy place to live is an important prerequisite for obtaining meaningful and lasting employment.

Northern Cities Housing Coalition takes a "housing first" approach, which means that they envision a shelter that allows people to consume alcohol within their own suite, but not within common areas. The theory is that if we demand sobriety in advance, we exclude some of the people who most need society's

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assistance, which only leads to increased human tragedy and strain on our health care and criminal justice systems.

The Challenge Community Vocational Alternatives has been serving marginalized Yukoners for many years. Challenge CVA has applied for funding to provide permanent accommodations for at least 20 persons with disabilities that are currently in a transient living environment.

They are proposing a facility that would have a full-time onsite manager that will provide a safe, secure environment as well living supports and line-of-sight needs for marginalized Yukoners, especially those who self-identify with disabilities.

The need for supportive housing is well established and both of these organizations are responding to a different aspect of the same issue. Unfortunately there is currently a maze of programmes and rules in Yukon that create a significant administrative burden to any one advocating for supportive housing.

There is no single solution or onesize-fits-all response. We’ve got to work together or risk getting nothing done at all.

Local health integration networks As Parliamentarians we can lead the way in this respect by removing the obstacles that prevent these innovative solutions from being

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developed. Governments at all levels, business, non-for-profit organizations, community outreach groups and even tenants can contribute to the success of these endeavours.

Canada stands alone among developed countries in lacking a national housing strategy that includes supportive housing. The federal government has provided some funding for pilot projects in several communities, which can provide useful lessons, but longterm funding for housing and supports are needed, not more pilot projects.

The federal government clearly needs to establish a countrywide housing strategy that includes specific targets for the various

regions across the country, complete with adequate funding to meet those targets.

Supportive housing is a hybrid between affordable housing and supported living. The different elements of supportive housing exist as legitimate programs that are funded separately under different government Ministries, such as Yukon Housing Corporation, Community Services and Health and Social Services.

While current funding for supportive housing may be inadequate for the task, Yukon could achieve efficiencies by following provincial governments that have consolidated and integrated these fractured programmes into Local Health Integration Networks (LHINs).

Such an organization ensures that funding is properly coordinated at the local level and regional strategies are available for safe secure and affordable housing.

A place to call home Public data show that supportive housing does not hurt property values or increase crime and that the tenants make important contributions to their neighbourhoods. Tenants contribute a modest amount to local businesses and economy, they participate in the friendliness

and social interaction amongst neighbours, and are just the kind of great neighbours that every community needs.

Tenants have in some situations experienced being targets for criminal activity. In response, tenants and staff have developed internal ways to handle crime that protects both tenants and the neighbourhood.

The City of Whitehorse, through its Official Community Plan, can establish clear targets and adequate funding for supportive housing facilities in Whitehorse as part of a 10-year housing strategy and remove any regulatory hurdles that make it more difficult for supportive housing projects to move ahead.

Community organizations play a vital role in supportive housing.

Challenge CVA, and the Northern City Supportive Housing Coalition are good examples of community leadership specifically directed at addressing supportive housing.

What these organizations are striving to achieve, however, cannot be accomplished without everyone’s help.

Community leaders should also take an active role in building strong neighbourhoods by engaging supportive housing providers and tenants in their work.

Community leaders can promote the benefits that supportive

housing tenants bring to a neighbourhood.

Supportive housing tenants recognize that their presence and contribution to the world around us is good for our community. Get involved and stay involved!

Supportive housing tenants know, first hand, the value of supportive housing in their lives.

It has often been said that a society will be judged by how it treats its least fortunate and most vulnerable people. We have the knowledge and the resources to provide the basic human right to shelter for all Yukoners. In doing so, we will not only better the lives of those we assist, but we will improve our own lives as well, and Yukon as a whole. We are blessed with a wonderful and majestic place to live, and we cannot continue to tolerate the homelessness and substandard housing of any of our neighbours if we are going to be truly proud Yukoners.

Acknowledgement I wish to thank Mr Michael Shapcott, Director, Affordable Housing and Social Innovation at the Wellesley Institute, for permitting us to use his research.

Of specific interest were the results of the 2008 study; We Are Neighbours, The Impact of Supportive Housing on Community, Social, Economic and Attitude Changes.

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DESTINATION YUKON

LARGER THAN LIFE: MARKETING “DESTINATION YUKON” Yukon works with its neighbours to build a highly successful tourism industry based on stunning scenery, a love of adventure and a rich mosaic of diverse peoples and cultures, says the territory’s Tourism Minister.

Hon. Elaine Taylor, MLA, in Whitehorse.

Ms Taylor is Yukon’s Deputy Premier, Minister of Tourism and Culture and Minister responsible for the Public Service Commission. First elected to the Legislative Assembly for the Yukon Party in 2002, she was a political researcher and government officer prior to entering the Assembly.

Located in Canada’s North, Yukon has long attracted people to its natural abundance and beauty. At the time of the last Ice Age, a land bridge between Asia and North America provided passage to nomadic people on grass steppes known as Beringia. Over the millennia, First Nations lived and thrived in Yukon and the land provided their sustenance. They developed rich cultural and linguistic traditions, with stories that are told to this day.

A tradition of adventure The fur trade was the first industry that brought non-aboriginal people north in the 1800s; but it was the Klondike Gold Rush that forever changed the course of Yukon’s history. After prospectors Skookum

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Hon. Elaine Taylor, MLA

Jim, George Carmack and Dawson Charlie discovered gold on the Klondike River in 1896, a town called Dawson City was founded, soon to erupt into a bustling city with a population of 30,000 by 1898.

The gold rush and its promise of

wealth provided the first opportunity to market Yukon. The American transportation industry in particular published pamphlets guaranteeing fast and safe passage to the gold fields. Men and women with dreams of adventure and getting rich quick responded to the call. A few had their dreams realized; others left the Klondike disappointed.

Fortunately, some stayed to build communities, raise families, grow the economy in new directions and expand on the legacy of the gold rush to create new stories and traditions.

Today, Yukon is still promoted as a great place to live, invest and visit.

Like those who marketed the Klondike Gold Rush, the government of Yukon seeks to

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DESTINATION YUKON

attract people to Canada’s North.

Unlike the advertising campaigns of yesteryear, today’s marketing platforms include professional contemporary strategies that are market-driven, industry-led and research-based.

Like the Klondike-era promoters, we still share one significant element: promoting Yukon as a great adventure

14 unique First Nations communities which include: Han, Northern Tutchone, Southern Tutchone, Gwitchin, Tanana, Tlingit, Kaska and Tagish people. Yukon First Nations have unique stories, cultures and traditions that are shared with visitors through dance, music, storytelling and visual arts at festivals and cultural venues throughout Yukon communities.

Regional partners not competitors “Larger Than Life” is Yukon’s brand, and it is embodied in the people and in the land. The Yukon government, through the Department of Tourism and Culture, supports programmes and services designed to promote Yukon as a larger-than-life travel destination called “Destination

Opposite page: The highest mountain in Canada, Mount Logan in southwestern Yukon; Above: Promoting Yukon as a tourist destination.

destination, and one not to be missed.

In the 21st century, the intrepid traveller to Yukon will discover endless opportunities for unique adventure experiences. Yukon is home to spectacular natural landscapes including Canada’s tallest mountain, Mount Logan, and the world’s largest non-polar ice cap. It boasts pristine, clear rivers and lakes, and vast skies that come alive in winter with the aurora borealis and in summer with the endless midnight sun.

They call it home Yukon has an abundance of wildlife. It is home to more than 160,000 caribou, 70,000 moose, 22,000 mountain sheep, 6,000 grizzly bears, 220 species of birds – and 34,000 humans.

Yukon is the traditional home to

There is also Yukon’s history.

Many stories have emerged from Beringia, the Klondike gold rush, waterway and land transportation, the construction of the Alaska Highway and the Canol Road, the evolution of governance, Yukon First Nations land claims and final agreements, and more. Today, Yukon’s archives, historic sites, museums, cultural and interpretive centres help bring our unique history to life with new stories to discover and explore at every turn.

Finally, Yukon boasts an extraordinary culture, from traditional First Nations performances to contemporary visual, literary and performing arts.

Yukon attracts an inordinate number of creative, innovative people, many who prefer to break new trail than to follow a beaten path.

Yukon”. We are proud that the tourism industry is Yukon’s largest private sector employer, which

“...we still share one significant element: promoting Yukon as a great adventure destination, and one not to be missed.”

speaks to its success as an important economic sector.

As a small jurisdiction, our success in marketing Destination Yukon relies on our ability to develop strong partnerships and supporting relationships both within and beyond our borders.

Through those relationships we are able to leverage resources we otherwise could not access.

This approach has the positive affect of seeing our geographical neighbours not as competitors but as partners in tourism, especially as it relates to Canada’s North. On the basis of our shared borders, linked transportation system and cultural connections, we work with our neighbours in the spirit of intergovernmental co-operation for the economic and social wellbeing of all. The prosperity of our neighbours and the region as a whole will ultimately benefit Yukon as a rising tide lifts all boats.

Yukon and its neighbour to the west, the American state of Alaska, have a strong and long-standing relationship of friendship and trust going back many years. This partnership has been formally recognized in an intergovernmental accord that identifies areas of common interest where Yukon and Alaska can work collaboratively. As tourism partners, we work to increase highway travel, summer adventure and winter experiences.

Through joint marketing initiatives with our American neighbour we continue to grow the northern tourism industry in both jurisdictions.

Building on our partnership with Alaska, we also conduct joint marketing with our Canadian neighbours to the south, the provinces of British Columbia and Alberta, with a focus on travellers driving north to Yukon and Alaska through Alberta and British Columbia, experiencing some of the most spectacular landscapes to be found anywhere. Through this co-operative marketing we promote a unique road adventure covering thousands of scenic kilometres and dozens of friendly communities.

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DESTINATION YUKON

Another of Yukon’s strongest and most successful partnerships is “Canada’s North”, which includes our Canadian neighbours to the east, Northwest Territories and Nunavut. The partnership permits the three northern territories to access national funding as a single entity, and to jointly market the Canadian North’s unique cultural and natural experiences. We first joined forces in a campaign called “Look Up North”, which was founded around the Canada Winter Games, a national sporting event held in 2007 in Yukon’s capital, Whitehorse. This was the first time the event had been held North of the 60th parallel.

In 2010, the three territories

partnered at the 2010 Olympic and Paralympic Winter Games in Vancouver, showcasing northern culture, sport and traditions in a shared venue called Canada’s Northern House. A must-see attraction at the Olympics, Canada’s Northern House brought unprecedented international exposure to the three northern territories.

International and national appeal Beyond our domestic borders, international partnerships are essential to the success of Yukon’s tourism sector in overseas markets. German-speaking Europe is one of Yukon’s strongest

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year-round markets, and we have established ties with German and Swiss travel trade, airlines, and other partners. One innovative and successful initiative is the Fulda Challenge Extreme Arctic Winter Adventure sponsored by Germany’s Fulda Tire. The public relations value generated for Yukon from the Fulda Challenge is estimated to be $6 million, a very strong return to Yukon’s $150,000 investment.

In addition to the partnerships with our geographical neighbours and with international partners, Tourism Yukon works hand in hand with national organizations and Yukon’s tourism sector. The Canadian Tourism Commission

and the Tourism Industry Association of Canada help to widen Yukon’s international marketing potential. Yukon’s tourism sector identifies industry priorities which are then incorporated within Yukon government tourism marketing programmes. Through the combined expertise of industry and government, the Yukon tourism sector remains strong and resilient to changing markets.

Marketing a rich culture While Tourism Yukon fosters important marketing partnerships, our success also relies on Yukon’s incredibly diverse and rich culture. It is no accident that tourism and

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DESTINATION YUKON

culture fall under one ministry within the Yukon government, as culture helps to define the personality of Yukon and increase the quality of visitors’ experiences.

While it may be the adventure and the wilderness that brings visitors to Yukon, it is the people, culture and traditions of the territory that keeps them coming back.

Culture in Yukon government terms spans a spectrum of programme areas including the arts (visual, performing and literary), heritage (archaeology and palaeontology), historic sites, archives and museums. Investment in culture is considered essential to the social and economic wellbeing of Yukon, and it greatly enhances Yukon’s potential as a travel destination. As with tourism, Yukon cultural development is based on partnerships to support communities and a healthy infrastructure.

Cultural development, in particular as it relates to

infrastructure and community improvements, provides many opportunities for interdepartmental and intergovernmental partnerships. The Yukon Government and the Government of Canada’s infrastructure funding programmes have supported many projects that are reviving communities through cultural improvements. A number of Yukon First Nations cultural centres are either under construction or in the planning phase. Communities such as Carcross are being revitalized through several projects involving historic site restoration and infrastructure development.

Whitehorse’s waterfront is also being restored to reflect its roots in water transportation, and onceabandoned buildings are being renovated for use as cultural venues.

In the area of shared heritage responsibilities, the Yukon government co-owns and comanages several historic sites with First Nation governments. Yukon

archaeology works with First Nations on projects studying the prehistory of Yukon’s aboriginal people. The Yukon government also contributes to capacitybuilding in First Nations cultural sectors, assisting in training opportunities and cultural development.

An inspiring experience A look at the 2010 Olympic and Paralympics’ Winter Games held in Vancouver shows how Yukon’s investment in tourism and culture came together to create a lasting legacy for raising global awareness of Yukon. By both marketing the destination and showcasing Yukon culture, we were able to successfully capture two sides of the same coin. Everything presented during the Olympics celebrated Yukon as a place that is both naturally spectacular and culturally unique. As with so much of what we do in the Yukon, our success at the 2010 Winter Olympics can be attributed to the

Opposite page: Members of Yukon First Nations communities; Above: Yukon Teslin totems.

partnerships that have been established in tourism, business, the arts, sport and in collaboration with Yukon First Nations, communities and others.

When visitors come to Yukon, they are met with an atmosphere of optimism, a celebration and pride of place, and the exuberance of creative communities that give voice to northerners as Canadians.

This “Larger Than Life” optimism thrives in naturally stunning surroundings and historically rich communities. Together with our partners, Tourism Yukon invites the world to share in the beauty of the land and the warmth of its people.

As Yukon’s Minister of Tourism and Culture, and as a lifelong Yukoner, I am proud to say that the world is listening as we make our voices heard.

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LAND USE PLANNING

GETTING YUKONERS INVOLVED IN THE PEEL WATERSHED LAND USE PLAN The debate over whether, and how, to develop mining projects in areas of outstanding natural beauty and environmental and cultural importance must be resolved through open public consultation to achieve the right balance for all Yukoners, says the Leader of the Legislature’s third largest party.

Ms Elizabeth Hanson, MLA, in Whitehorse.

Ms Hanson is the Leader of the Yukon New Democratic Party and was first elected to the Legislative Assembly in December 2010. A former public servant, she was the Regional Director General of the Canadian Department of Indian and Northern Affairs.

As the most recently elected Member of the Yukon Legislative Assembly (13 December 2010), my views on the operations of the Assembly have been garnered from the visitors gallery and, from conversations with ordinary Yukoners in the 15 months since I became Leader of the Yukon New Democratic Party.

I came to political life after spending over 30 years in the public service, most recently as the Regional Director General in the federal department of Indian and Northern Affairs. My involvement in the Yukon land claims and self government negotiations processes since the late 1980s informs my views on the socioeconomic, political culture and potential of Yukon.

The existence of these

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Ms Elizabeth Hanson, MLA

negotiated agreements means that the status quo of the past is simply that: the past. All levels of government – First Nation, territorial and federal – entered into these agreements with an eye to a profoundly changed future for Yukon.

As a case in point, Yukon Final Land Claims Agreements (treaties) commit the parties to complete land use plans throughout the Yukon. The most recent attempt to complete a land use plan, the Peel River Watershed Land Use Plan, has taken over six years. It has focused international attention on a unique area of the world. The attention has offered the Yukon an opportunity to engage in a public dialogue on the need for a balanced, planned approach to development.

In simple terms the public discourse about the Peel River Watershed Land Use Plan has split into those who believe the proposed plan will mean the death of mining as we know it in Yukon and those who believe that continued unfettered free-entry

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LAND USE PLANNING

staking will result in irreversible damage to a pristine ecosystem.

I argue that the Peel River Watershed Land Use Plan creates both a challenge and an opportunity for us all as Yukoners, and as Canadians.

Each of us views the world through a unique lens; as Leader of the New Democratic Party my personal and political lens is the principles that guide the New Democratic Party.

These principles of cooperation, equality, sustainability and community are not just words.

They are the life blood of a responsible, compassionate and democratic society.

At the outset it is important to be clear that the Yukon New Democratic Party has a long history, both in and out of government, of supporting

responsible mining and mining exploration.

It was the Yukon New Democratic Party governments that established the Mining Incentives programme, re-opened the Faro mine, established the small business incentive tax credit, reconstructed to highway class standard and opened the Skagway Road to year round traffic to facilitate shipment of ore, and subsequently, a flourishing tourism route, to name just a few programmes that have contributed to the Yukon economy.

The Yukon New Democratic Party Environmental and NonRenewable Resource Policies provide a balanced approach to sustainable development of the mining industry, with the obligation to ensure that environmental policy and planning processes are

representative of the full range of environmental values important to Yukon people, including the unique perspectives in the areas of ecological knowledge, innovations and practices of First Nations.

Opposite page: Exploration of the resources available from the Peel Watershed; Above: Canoeing in the Peel River.

The necessity of land use planning The Peel River Watershed Land Use Plan did not just come out of nowhere – it is a result of Land Claims Agreements (treaties) entered into by our governments, whether they were First Nation, territorial or federal, on our behalf.

The commitment made to complete land use plans is now part of Canadian law and the constitution. It is fitting that such commitments are entered into seriously, and that the results are treated with respect.

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LAND USE PLANNING

A Gyr Falcon overlooking Peel Watershed.

under Chapter 11 of the 11 Yukon Final Land Claims Agreements.

The intent is that planning will be done in co-operation with First Nations communities and, that plans will take into account the views of all Yukoners and Canadians. First Nations’ knowledge, experience and cultural values must be recognized and utilized.

My sense is that we, in Yukon, are lucky to have had people involved in the land claims process who saw the wisdom and the necessity for land use planning.

This plan was put together after extensive, multi-year consultation and after amassing a vast amount of scientific, geological, economic, socio-cultural and other data.

An important aspect of the Peel River Watershed Land Use Plan is that the authors of this recommended approach to planning for this unique area of the Yukon are fellow Yukoners: parents, grandparents, friends and neighbours.

Although they relied upon experts in many fields – mining, environment, tourism, traditional

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knowledge et cetera – the final recommendations were made with a commitment to a basic, and commonsense, approach that is profound.

Yukoners are asked not to respond based on their labels as miners, environmentalists, tourism operators or politicians but as parents: to consider how you would explain the decision you take in response to the recommendations made by the Commission to your grandchildren.

The Peel River Watershed Land Use Planning Commission worked

hard to avoid setting up confrontations between and among interests.

The basic premise of the plan is that it preserves Yukon’s options: “We can always decide to develop in the future but once the decision is made we cannot return to a pristine ecosystem and landscape – not in our life times and not in the life times of our great grandchildren. It is better in our view to go slow. Going slow has many advantages, including the possibility that we may be able to do things better and with less

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LAND USE PLANNING

expense in the future. Changes in techniques, knowledge, and technology and, perhaps, attitudes can open windows of opportunity for development. To be cautious and to preserve options, the Commission did not call for existing mining claims to be extinguished.”

It is up to the political decisionmakers of the Yukon to reflect carefully on the whole of the report.

It is necessary to read the whole of this land use plan to appreciate the balanced approach it provides the Yukon.

The Commission has offered the Yukon an opportunity that few, if any other, places in Canada, or the world, have had.

The plan they have put before the respective governments is intended to “help us visualize and achieve the kind of future we want”.

Although the Peel River Watershed Land Use Plan is unique to that region of the Yukon, it is clear that finalization of the plan raises a number of public policy issues that, until now, the Yukon has not addressed.

Issues to be addressed It is not the job of the Land Use Planning Commission to address the implicit policy issues raised by the recommendations of this or any other land use plan.

What is clear is that a public discussion is past due on what Yukoners, as the owners of Yukon land and resources, should demand in exchange for allowing access to, and extraction of, those resources.

The Yukon government must hear calls to address the competing demands for access to land for staking of mineral claims and for other purposes, whether they are residential, recreational, wilderness outfitting, or tourism.

Rather than fostering false divides in the community that is Yukon, the Yukon government can play a leadership role and open a dialogue within Yukon on how to balance expectations for a sustainable mining industry in Yukon with the expectation of Yukoners that the decisions made about where and when mining occurs, including exploration activities, are decisions that are made in a 21st century context.

There has been much discussion, sometimes verging on threats, that any decision to follow the recommendations of the Peel River Watershed Land Use Plan will result in litigation and the pay out of millions in compensation.

Yukon citizens expect its government to find ways to address competing interests in a fair and balanced manner.

Yukon is not the first jurisdiction to have to deal with finding this balance. Yukon cannot allow the issues to drag on rather than take action. Both British Columbia (B.C.) and Alberta have regulations that respond to the issue of mineral compensation.

In the early 1990s as a result of efforts to designate the KluanneWrangell-Glacier BayTatshenshini-Alsek area as a UNESCO World Heritage site, the B.C. government set up the Schwindt Commission which

reported in 1992. The B.C. regulations came into effect in 1997.

This report, and others, identified some principles that could serve as a basis for beginning the conversation in Yukon: •

•

•

•

•

A mineral claim is not ownership of property. It provides access to the minerals owned by the taxpayers through the Crown.

These minerals do not belong to the miner until they have been extracted from the ground, and even then they are subject to royalty or mining tax as a resource rent; Compensation policies should not induce private investment in resources that are likely to have a higher value in public use; Care needs to be taken in any conversation about compensation; taxpayers should not be made to be “insurers” against the risk of expropriation; We need to determine how to value the investment made, and compensation that taxpayers might pay, if there was a decision to not allow any further mining exploration in a given area; and Recognition of the significant federal and territorial incentives, tax deductions, etc. that are already allowed to investors in mining exploration companies.

I believe that it is time for the Yukon government to establish a public process to address the issues associated with the increasing range of conflict between the 19th century freeentry staking regime and 21st century land use needs/values, including discussion of compensation regimes to be implemented where public uses are determined to take precedence over existing mineral exploration claims.

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FIRST NATIONS GOVERNMENT

THE OPERATIONS OF A FIRST NATIONS GOVERNMENT A Minister in the Yukon Legislative Assembly, who belongs to a First Nation, describes how her First Nation government is structured and operates in conjunction with the territory’s other forms of democratic governance.

Hon. Marian Horne, MLA, in Whitehorse.

Ms Horne, the Yukon’s Minister of Justice and Minister Responsible for the Women's Directorate, is a citizen of the Teslin First Nation.

She was first elected to the Legislative Assembly for the Yukon Party in 2006. An accountant and businesswoman, she was a manager for the Teslin Tlingit Heritage Centre and the Teslin Housing Authority prior to being elected to the territorial Assembly.

The establishment of First Nations self-government took decades to achieve across Canada along with land claims negotiations between aboriginal communities and federal, provincial and territorial governments. In Yukon 11 of the 14 First Nations have settled their claims.

Self-government agreements are changing governance in Yukon and the relations between the governments of First Nations, Yukon and Canada.

I am of Tlingit ancestry and a citizen of the Teslin Tlingit Council (TTC), which signed its final selfgovernment agreement in 1995. I sat as a councillor on our General Council before being elected to the Yukon Legislature in October 2006, so have seen governance from two perspectives.

The TTC is representative of its Clans and citizens, and is responsible for the executive and legislative branches. To this effect, the Executive Council, that initiates policy and watches over the enforcement of the law, works in harmony with the General Council, which enact laws and charts the overall political course. To do this

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Hon. Marian Horne, MLA

effectively, members of the Executive Council have seats on the General Council to whom they are, at all times, responsible.

The TTC recognizes the fundamental importance of the separation between legislative and executive activities. In this capacity, the Executive Council provides the linkage between the General Council and senior departmental management. The TTC also believes in ensuring accountability through disclosure, transparency and redress.

Teslin Tlingit Council The structure of the TTC Clan

System Government incorporates traditional Tlingit Clan culture with contemporary organizational and management principles. The result reflects the inherent principles and an exceptional model of good government: independent but synchronistic governing bodies, the constitutionally entrenched principles of the government branches and the division of legislative from executive responsiblities.

The constitution of the TTC establishes that: • • • •

•

•

It is a consensus government; We have a Chief Executive Officer, not a chief; Our CEO is selected, not elected; Citizenship and organization of each Clan is determined by the customs inherited and observed by the Clan and acknowledged by the other Clans; Each Clan has a leader and Elders recognized as such to the Clan membership; and TTC clans have emblems which are part of their tradition.

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FIRST NATIONS GOVERNMENT

•

•

Above: A Teslin Totem Pole: Right: A Teslin Tlingit child

The Legislative Branch The Teslin Tlingit legislative branch is the 25-member General Council composed of five representatives appointed by each of the five clans for four-year terms. The General Council is the forum where the members bring forward government business for discussion, debate and deliberation.

The supremacy of the General Council means that this is the ultimate political decision-making body of the Teslin Tlingit government, with the power to pass and amend the constitution,

make and rule on law, and to respond to the voice of the people.

Self-government agreement This agreement enables the TTC to establish the legal and political framework for government-togovernment relations with Canada and the Yukon. To this end, the Teslin Tlingit Council is able to enact its own laws from a set of predefined terms set out in the agreement: •

The use, management and good government on

settlement lands and the people living on said lands; The administration, operation and internal management of the TTC’s citizens including the rights and benefits realized prior to its final agreement; and The legislative powers apply to TTC citizens wherever they may reside in the Yukon.

The TTC will continue increasing responsibility over areas administered prior by the Canadian or Yukon Government. This will be achieved through a process of negotiations to devolve responsibility for the design, administration and delivery of programme services. Canada will provide the financial resources through transfer agreements.

Elders Council The Elders Council is composed of all Elders attaining their 58th year and older, presided over by the Clan leaders. The Elders Council gives advice and direction to all other Teslin Tlingit government branches and is responsible for safeguarding, encouraging and instilling the heritage, culture, language and other traditions of the Tlingit First Nation. It can be likened to the Canadian Senate; its purpose is to have a second look at legislation and leadership selection.

Administration The TTC administration implements the political determination and the laws of the General Council. The council administration also implements policy and other top management decisions of the Executive Council, while assisting other TTC government branches in exercising their autonomy and respective political roles.

While the jurisdiction of the governing bodies is political, the one exception is the TTC Management Board, or the administrative governing body, which provides an area of shared political and executive power, and of administrative expertise.

Executive Council The nine-member Executive Council is composed of a Chief Executive Officer , a Deputy Chief Executive Officer, a Youth Councillor and one representative from each of the five Clans, all of whom are appointed for four-year terms by the General Council. One Executive Elder is appointed by and for a term at the decision of the Elders Council. The Executive Council is the top management team that heads up the TTC government.

Justice Council The authorities and responsibilities of the Justice Council, composed of the five Clan Leaders, are established by General Council in accordance with the traditional elements of Tlingit customary law and upon the counsel of the Elders Council.

The road to self-governance has been challenging and bumpy at times; but it has also been rewarding and is starting to produce benefits for First Nation citizens as well as other Yukon residents.

Further information on the Teslin Tlingit Council can be found at: www.ttc.teslin.com/government.html.

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CIVIL FORFEITURE

CIVIL FORFEITURE – A SLIPPERY SLOPE The power of governments to use the civil courts to confiscate the assets of crime can lead to serious abuses of authority and the violation of human rights unless the appropriate safeguards, including a criminal conviction, are in place, says an opposition Member of the Yukon Legislature.

Mr Donald Inverarity, MLA, in Whitehorse.

Mr Inverarity was first elected to the Yukon Legislative Assembly in 2006 for the Liberal Party. He is the Liberal Caucus Critic for the departments of Justice, Highways and Public Works, and the Yukon Liquor Corporation. A businessman, Mr Inverarity now represents the constituency of Porter Creek South, an urban riding within the city limits of Whitehorse.

Social justice is a fundamental tenet of democracy. Injustice unfortunately remains a human condition. Reducing crime is a major responsibility for every government, but Parliamentarians must be ever vigilant to ensure the scales of justice remain balanced.

An emerging crime reduction strategy is to confiscate the proceeds of crime through Civil Law even when a conviction is not achievable through Criminal Law. The slippery slope of civil forfeiture begins with enabling legislation that effectively authorizes a government agency to confiscate the assets of an alleged offender without obtaining a criminal conviction.

Bill 82, Civil Forfeiture Act In Yukon, a government motion calling for the development of civil forfeiture legislation was debated in the Yukon Legislative Assembly on 16 December 2009. On 15

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the proceeds from illegal activity can be a deterrent against crime.

Indeed, several governments around the world have introduced similar legislation. It became evident during debate that Bill 82 as tabled, would tip the scales of justice in the government’s favour.

Mr Donald Inverarity, MLA

April 2010, Bill 82, Civil Forfeiture Act was given second reading and on 6 May 2010 amid opposition protests and public demonstrations, Bill 82 was withdrawn from Yukon’s current legislative agenda, though the Bill remains on the Order Paper.

There was no question that lawabiding citizens and elected representatives in Yukon initially supported the development of civil forfeiture legislation. Confiscating

Public consultation The issues that surround civil forfeiture legislation are significant enough to warrant public consultation and education prior to enactment. During debate it was revealed that the government agencies that would be affected by Bill 82 were consulted as expected, but the general public was not.

In a surprising turn of events for Yukon, backlash against this proposed legislation escalated into public protests in front of the Legislative Assembly. Bill 82 became the focus of harsh criticism and public outrage. In the

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CIVIL FORFEITURE

The Yukon Law Courts in Whitehorse.

absence of explicit protections and relevant responses to expressed concerns, the public refused to

accept the government’s assurance that innocent people had nothing to fear.

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CIVIL FORFEITURE

the expressed concerns that civil forfeiture legislation was potentially dangerous to innocent people. One example included a mother who was renting space to her son.

When her son was prosecuted for internet fraud, her house and wealth were forfeited on the basis that the rental income she received from her son was in fact proceeds from her son’s illegal activities.

The mother in this case did not even know how to turn on a computer, had never been convicted of a crime and yet was required by Civil Law to forfeit her assets. The implication in this case is that the mother, through no deliberate act of her own, became the focus of government initiated civil forfeiture proceedings. Her

“...Civil forfeiture legislation must balance the government’s new-found “authority to prosecute” with explicit provisions that safeguard against the abuse of such authority.” assets were seized by the government and she was essentially forced into a protracted legal battle in order to prove her innocence.

Power of the Crown The criminal justice system recognizes that the power of the Crown is superior to any individual.

The Crown’s authority to prosecute individuals for illegal activities is offset by provisions that protect and even favour the alleged offender. Within the criminal justice system a conviction is required before forfeiture can be enforced.

This page: Protesters demonstrate against Bill 82; Right: Outside the Law Courts.

Civil forfeiture on the other hand effectively gives a government agency the authority to prosecute, which could be equated to the power of the Crown in the criminal justice system, but have the proceedings take place in Civil Court where the requirements for proof are less stringent than those found in the criminal justice system.

The slippery slope of civil forfeiture led to an avalanche of public protest and legal challenges in jurisdictions where civil forfeiture legislation has been implemented, especially where government was perceived to be aggressive and heavy handed. Some of the legal challenges have been ruled on, but

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the constitutionality of civil forfeiture has yet to be addressed by the Supreme Court of Canada.

The lesson to be learnt is that cvil forfeiture legislation must balance the government’s newfound “authority to prosecute” with explicit provisions that safeguard against the abuse of such authority.

During debate in the Yukon Legislative Assembly, the argument was made that Bill 82 did not include such provisions.

Remedies Governments that have enacted civil forfeiture legislation have generally opted for authorizing the court to order that one party to civil proceedings pay the cost of the

proceeding, including the legal costs incurred by another party in accordance with the rules of court.

During the debate on Bill 82, this provision was offered by government as the remedy for mistaken or vexatious pursuit of civil forfeiture action. This response however did not allay the public’s fear that the government would effectively be legally authorized to pursue an alleged offender in Civil Court without a criminal conviction and at the same time take away that individual’s means to independently defend themselves.

The remedy for innocent individuals inadvertently caught up in civil forfeiture proceedings is to seek reimbursement for court

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CIVIL FORFEITURE

© Whitehorse Star

costs at the conclusion of the proceedings.

It was determined that the remedy offered by government to compensate for inappropriate civil forfeiture action was not sufficient to balance the authority that would be granted to government to take civil forfeiture action in the first place.

Yukon’s Human Rights Act During debate on Bill 82, the question of paramountcy was raised. The government’s intent was to have Bill 82 work with other Yukon legislation as appropriate.

The Civil Forfeiture Act was not to be paramount over any other Act in Yukon.

The argument was made that Yukon’s Human Rights Act was paramount over all other Acts in Yukon including the Civil Forfeiture Act. In Section 6 of the Human Rights Act, the Bill of Rights explicitly states: “Every individual has the right to the peaceful enjoyment and free disposition of their property, except to the extent of the law provided, and no one shall be deprived of that right except with just compensation.”

During debate it was argued that Bill 82, as tabled, was in conflict with Section 6 of the Human Rights Act. If passed into law, Bill 82 would have enabled government to disrupt the peaceful enjoyment and free disposition of an individual’s property and the government would have been authorized to seize the assets of an alleged offender without obtaining or even seeking a criminal conviction. Furthermore the government was not obligated to provide just compensation to that individual if the government’s actions proved to be inappropriate.

In response to this argument, the Minister of Justice stated: “If a person’s property is wrongfully forfeited, they can sue the government for damages.”

Civil forfeiture or not Bill 82 was debated in the Legislative Assembly in April 2010.

The government seemed to be

genuinely surprised that the proposed legislation received such harsh criticism and vehement backlash. As Parliamentarians it is important to understand the various reasons for this.

Yukon citizens have come to expect input and involvement in government decisions that will produce sweeping changes to public policy. Input and feedback on the proposed legislation was received from various government Ministries as expected, but not from the general public prior to presenting the proposed legislation.

Yukon citizens outright rejected the idea that civil forfeiture proceedings against an alleged offender could be initiated by the government without obtaining a criminal conviction. Bill 82 threatened to destabilize our perception of natural justice by placing too much power in the hands of government. Protection, advocacy, and appropriate remedies for individuals who are mistakenly caught up in a civil forfeiture action needed to be addressed as part of the legislation and not left to the vagaries of malleable regulations.

Case histories legitimized public fears that civil forfeiture legislation can victimize innocent people and incur a human cost that no government can afford. The public’s perception of social justice

is generally expressed as, “innocent until proven guilty”.

Based on case histories, the reality of civil forfeiture legislation is,“guilty until you can prove yourself innocent, at your own expense, with all your wealth taken away”.

Bill 82 was perceived by the public as being in conflict with the Human Rights Act. Various legal challenges have been initiated against civil forfeiture legislation.

The constitutionality of civil forfeiture has yet to be addressed by the Supreme Court of Canada.

Other governments that have implemented civil forfeiture legislation have reported significant financial benefits from successful civil forfeiture action, to the point that it has become profitable. Without external oversight and stringent controls, government runs the risk of turning civil forfeiture into a means to generate revenue instead of its intended purpose, which is to reduce crime.

Ultimately the Yukon government decided to leave Bill 82 on the Order Paper, but not pursue its passage.

With less than a year left in the government’s current mandate, the likelihood of further debate on Bill 82 is remote. Further development of civil forfeiture legislation for Yukon will most likely be the responsibility of the next elected government.

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WOMEN IN THE POLITICAL FRONTLINE

WOMEN IN POLITICS CAN MAKE A DIFFERENCE They have not been numerous in the Yukon Legislative Assembly, but the women who have sat in the House have contributed enormously to the territory’s development. Yukon’s Deputy Premier examines how to bring more women into the political frontline.

Yukon Archives Photo

Hon. Elaine Taylor, MLA, in Whitehorse.

Ms Taylor is Yukon’s Deputy Premier, Minister of Tourism and Culture and Minister responsible for the Public Service Commission. First elected to the Legislative Assembly for the Yukon Party in 2002, she was a political researcher and government officer prior to entering the Assembly.

The subject of women in politics is a critical area of importance which has evolved dramatically since the day women were granted the right to vote in this country.

Ask just about any woman who has ever put their name forward for election and you will likely hear the words “it’s about making a difference”.

Why politics?

Looking back over the political evolution of the territory, there have been many women who have contributed to the betterment of Yukon – who have indeed made a difference in the lives of many men, women and children who have made the Yukon their home.

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Hon. Elaine Taylor, MLA

Pat Duncan, a former colleague of mine and the first and only woman in the Yukon to hold the office of Premier chose to make a difference and did just that.

Likewise, Audrey McLaughlin, who became the first Yukon woman to

lead a national party, chose to effect change and did just that.

Hilda Watson, the first woman to lead a political party in the Yukon, chose to make a difference and did just that. Martha Black, Yukon’s first woman Member of Parliament put her name forward and worked to make a difference.

There are countless more examples of women who put their name on the ballot, worked to advance a cause and succeeded in bringing about change.

Like many others who have served office, I too chose to make a difference in my community.

My working career of close to 20 years has been primarily dedicated to politics, whether it’s been working in behind the scenes

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WOMEN IN THE POLITICAL FRONTLINE

Yukon Archives Photo

Yukon Archives Photo Yukon Archives Photo

as a researcher conducting research, writing questions, tributes and speeches or in the case of the last eight years, working as an

elected representative in the Yukon Legislature.

Over the years, people have asked me why I entered politics: “Was it a lifelong dream to pursue politics?” “How did you get involved and why do you keep doing what you do?” These are all great questions – questions that I often ask myself.

On the day I was first sworn into office, I was presented a plaque which reads a direct quote from Mahatma Ghandi. The quote reads: “Be the Change You Wish to See in the World.” The plaque sits on my desk and continues to serve as a reminder as to why I do what I do.

As I mentioned earlier, it’s about making a difference and part of that is being able to bring different perspectives to the table, perspectives which are representative of those who call Canada our home.

The importance of women in politics Women’s life experiences are different from men’s. Women’s perspectives on issues – whether it may be childcare, elder care, health care, education or the environment – are also different.

Equal participation of women and men in decision-making is a necessity for achieving sustainable development. It’s a necessity for achieving quality of life.

Women bring a different set of skills, life experiences and views about community needs to the table. I want to stress, however, that each and every woman is different and to think otherwise would be irresponsible and folly.

There are, however, issues which galvanize women stemming from our lived experiences and the notion that only women ought to

Opposite page: Yukon’s first female Member of the Parliament of Canada, Martha Black (second from left); and left: A portrait of Martha Black.

[Yukon Archives photos] Above: Hilda Watson (left) was interim leader of the Yukon Territorial Council in 1977 and in 1978 became the first woman in Canada to lead a political party which won seats in an election. Her party won the election, but she lost her own seat to another woman. [Whitehorse Star photo]

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WOMEN IN THE POLITICAL FRONTLINE

Former Premier Pat Duncan (left), Ms Taylor (centre) and Ms Lorraine Peter, MLA, at the first Yukon Legislative Women’s Caucus in 2006.

lead the way for equality between women and men.

The insight and experiences of women serve to enhance the quality of debate and broaden policy perspectives on a wide range of issues of importance.

Nurturing and caring for others are traits which women hold near and dear to their hearts. Because of this, women tend to bring a different style to leadership, a style which seeks to balance the traditional role of caring with the need to use the power they have to bring about change.

Canadians from coast to coast value fairness and equality as important attributes of governance.

We have a Charter of Rights and Freedoms which reinforces this belief by guaranteeing equality for women.

Women’s right to political participation is also part and parcel of the United Nations Declaration of Human Rights which states that everyone has the right to take part in the governance of his or her country.

Despite this, women and men are not equally represented in Parliament or in our provincial and territorial Legislatures.

Public and political leaders

agree more women are needed, yet our record shows otherwise.

The fact that women constitute 52 per cent of Canada’s population, yet only make up 22 per cent of those elected to Parliament makes one realize how much more work there is to be done to ensure Parliament reflects the country’s demographics.

Likewise, women constitute more than half of the Yukon’s population yet only make up 11 per cent of those elected in the Yukon Legislative Assembly.

Why not more women in politics? The challenges Ask any woman who has ever held office and you will likely receive a number of reasons. There are countless publications about women in politics, all of which will also provide a number of observations as to why women may not choose politics as a rewarding career.

Indeed, women face some unique challenges. Combining motherhood and politics is one of them; that is striving to find the perfect balance between family and work.

When I was first elected in 2002, I did not have children, nor

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had any idea as to what commitment was required as a parent.

That all changed two years later when my husband, Troy and I learned that we were expecting.

While we were thrilled with the news, I was also terrified. Terrified as to how things would unfold, when would I take time off, how much time could I take off, is time off even an option? Would I continue to serve in Cabinet?

Unlike other workplaces, there is no parental leave policy for members of the Yukon Legislative Assembly.

At that time (2004), there also weren’t many other examples of women who had had a child while serving in Cabinet for me to draw upon.

In fact, to my dismay there was only one other woman in Canada, Christie Clark, who had done what I was about to do, leaving me the second woman Cabinet Minister in the country to have a baby.

As it turned out, the Assembly under the purview of our Speaker, granted me the discretion as to how much leave I ought to take. In the end, I took 2.5 months off to care for my son in time for me to present my respective budgets in the legislative assembly. Almost six years later, I have a wonderful little boy who has grown up with perhaps more knowledge of government, public events and seeing his mother in the newspaper than most other children.

The opportunities What soon became apparent, amongst the many attributes of being a new parent, were the hours associated with the sittings of the Legislative Assembly.

Though the hours of the Assembly have evolved over the years, particularly with the elimination of night sittings, the hours of adjournment remained a point of contention with some.

These hours would still be an issue of concern if it wasn’t for the will

and determination of three women legislators that composed Yukon’s first-ever women’s non-partisan caucus. This caucus comprised of two opposition Members and me.

Amongst a myriad of issues that were discussed, the one item that was presented was a motion to amend the Standing Orders to reflect a change in the normal hour of adjournment from 6:00 to 5:30 pm.

The motion, amongst many things, spoke to the recognition of the importance of family and making accommodation for family while serving the people of the Yukon.

At the time of tabling the motion before the Yukon Legislative Assembly on 11 May 2006, I stated: “As legislators within this Assembly, our priorities lie with our constituents – those we represent and those who elected us. As spouses, parents, grandparents and so forth, our priorities also lie with our families. This motion speaks to this very matter, and that is making accommodation for family while achieving our obligations as legislators.”

The proposed change – albeit a relatively small change – meant something different to all of us. The motion for some of us meant we could make our daughter's game, spend more time with one's grandchild or, in my own case, being able to spend an hour with my son before he went to bed. The common element was family.

The motion recognized those employees who were also charged with the responsibility to monitor the proceedings of the Assembly. I speak of individuals who work for government, in the Legislative Assembly, in our caucuses and throughout the public service. This change would allow many of our employees to go home a bit earlier, enabling them to also spend time with their families.

The motion also spoke to the recognition that we can and should make better use of our time in this Assembly.

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WOMEN IN THE POLITICAL FRONTLINE

Ms Taylor (second from right) with her young son.

The motion passed in the Legislature, albeit not without debate. The motion was a historic moment in which three women representing three political parties came together, parked the politics at the door and worked to effect change and that which resulted in more family-friendly hours.

Balancing family and politics As more and more women are called to leadership, it cannot involve a choice that pits family on the one hand against public service on the other. The family must remain secure. My family plays an integral role in what I do. With their support, I am able to do what I can do.

Over the years, my son has accompanied me to a number of events including the International Storytelling Festival, the annual Relay for Life event in Whitehorse and in Dawson City, as well as community meetings throughout the Yukon.

My son has evolved, as a consequence, as an outgoing individual who greets everyone he meets with a handshake and a hello. For a four-year-old, I couldn’t be prouder. He has learned to

adjust to new settings and has learned a lot about “government meetings” and what that means for both him and me.

My son, in many respects, has been my greatest mentor. I learn from him each day and in turn have learned a great deal more about myself.

A common question that has been asked of myself and that which was asked of the former MP, Ellen Fairclough who was elected to the Canadian House of Commons in 1957, is: “And who is taking care of your little boy?”

Embarking on a campaign with a young child and/or a new-born – no matter how supportive a family you may have – is not an easy decision nor is it an easy road to follow.

There are sacrifices. There are, however, many rewards. Whatever the challenge may be, I remind myself of the importance of having diversity around the table, the importance of having different perspectives and the importance of bringing the experiences of women to the table.

While balancing one’s responsibilities between family and public life remains a key barrier to entering and staying in politics, it

has in essence broadened my ability to respond to issues of importance to Yukon families.

Overcoming barriers Other barriers which are often spoken of pertain to the culture of Parliament – the business of the House in which confrontation more than consensus often tends to rule the day. Bringing respect, credibility and integrity to politics are traits that people expect of their representatives and deservedly so.

I sincerely believe that women have a role in effecting such change through the medium of our personal lives and in many cases, have accomplished to do just that.

Fear of public speaking, public scrutiny and perceptions that one must hold certain qualifications to run for office are but further examples of systemic barriers.

Despite this, I am pleased to report the number of women who are putting their name forward for election is on the rise. On the federal front, all parties in the last election increased their numbers of female candidates.

In the last territorial election held in 2006, the overall number of women candidates increased as well, albeit the number of women

who were elected decreased from three to two. The Yukon Party, as a case in point, fielded more women candidates than in any other previous election and elected, in turn, the only two women who currently sit in the Yukon Legislature.

On the municipal front, four of Yukon’s municipalities have women Mayors and a high number of women councillors. Likewise, Yukon has four woman chiefs representing self-governing First Nations.

Yukoners are glad these women put their names forward and are now helping to shape the economic and social success of the Yukon. They are all making a difference in their own way, as difficult as the choice may be at times for women.

Increasing the participation and election of women There are a number of ways of encouraging more women to run for office; however, opportunities for coming together via public forums or one-on-one discussions are by far the most effective ways of making a difference.

That is, being able to exchange information, perspectives and ideas as to how women can effect change and why we need more women around the decision making table.

I believe we need to continue to actively recruit more women. We need to be supportive and we need to start early; the more we can talk about women in leadership at all levels, the more successful we will be.

Serving as an elected representative is indeed an honour and a privilege and that which one should never take for granted.

Serving as an elected representative is perhaps the most rewarding experience a person will ever have despite the challenges that come with the job.

So getting back to the question of why politics? I do it to make a difference.

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MINING INDUSTRY

MODERNIZING YUKON’S MINING REGIME A nineteenth century practice that allows virtually anyone to stake a mineral claim over vast tracts of Yukon land with only minimal controls has no place in a modern regulatory system for an industry which is vital to all Yukoners, says an opposition Member who is his party’s mining spokesman.

Mr Steve Cardiff, MLA, in Whitehorse.

Mr Cardiff was first elected to the Yukon Legislative Assembly in 2002.

He is the New Democratic Party Caucus Critic for the Department of Energy, Mines and Resources, as well as for the Departments of Community Services, Education and others. He is a former union local President in the building trade.

Introduction Mining exploration and development have been mainstays of Yukon’s economy since the Klondike Gold Rush. However, as Yukon’s population grows and mining activity increases in both scale and scope, the potential for land use conflicts also increases.

The free-entry staking system, which allows mineral staking almost everywhere in the territory, is no longer in the best interests of Yukoners, particularly those who want to see their wild spaces and wildlife species exist in perpetuity.

Yukon’s politicians and citizens need to rethink how and where we allow mining to occur. We need to amend our Quartz Mining Act and Placer Mining Act to bring them into harmony with our current values.

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free-entry system followed by a discussion of three critical issues:

Mr Steve Cardiff, MLA

Yukon New Democrats are committed to providing new opportunities for the growth of a progressive and environmentally responsible Yukon mining industry, one that demonstrates a worldclass, best-practices approach.

In this article I will provide a brief general overview of the current

(1) Conflicts inherent between surface rights versus mining rights within the free-entry staking system; (2) Giving greater consideration to Yukon First Nations land claim settlements when in conflict with mineral staking; and (3) Maintaining the mineral industry’s contribution to Yukon’s economy.

The free-entry system I believe the current free-entry system is outdated and compromises current societal values. This is because the free entry system is based on three premises: (1) mining prevails over private property rights; (2) mining is

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the highest and best use of Crown lands, and (3) all Crown lands should be open for staking and mineral exploration unless they are expressly excluded or withdrawn by statute.

Certain lands are exempt from staking. These include private lands where mineral rights are not owned by the Crown, including First Nation category A settlement land. Also exempt are land occupied by buildings, land within the immediate vicinity of a dwelling, land valuable for water power purposes, land under cultivation, churches and cemeteries, land already lawfully occupied for mining purposes and areas where the subsurface rights have already been legally withdrawn by ministerial order — to create a park, for example. However, the freeentry staking system applies to the vast majority of land in Yukon.

Under the free-entry system, a miner stakes a claim and pays a minimal annual fee to obtain unlimited access to explore for minerals on the land he or she has staked. Any person over the age of 18 has the right to enter and access private or public lands that may contain minerals, and stake a claim; no license is required.

The miner then registers the

claim at the mining recorder’s office for a fee of $10 per claim and in doing so obtains the right to enter the claim area to explore for minerals. The miner can maintain this right indefinitely by doing $100 worth of work on the claim annually. The Quartz Mining Act does not specify the work that has to be performed except in dollar terms.

A miner who does not complete $100 worth of work in any one year has the option of paying a $100 annual fee to maintain the right to that claim indefinitely.

All exploration activities must adhere to the quartz mining land use regulations. These regulations divide exploration activities into four classes, according to the activity’s potential to cause adverse environmental impacts. Class 1 programmes are those with low potential to cause adverse environmental effects and which are completed within one year.

Class 2, 3 or 4 exploration programmes are those with greater potential for adverse environmental impacts and are assessed under the Yukon Environmental and Socioeconomic Assessment Act (YESAA).

In these cases, the YESAA-

Opposite page: A result of large-scale mining; Above: Drilling operations.

designated office conducts an assessment of a project proposal by seeking input from the Yukon, federal and First Nation governments, interested parties and the public, and then produces an assessment report with recommendations on whether the project should proceed as is, proceed with terms and conditions, or not proceed.

The Yukon government decision body for mineral exploration projects is the Mineral Resources branch of the Department of Energy, Mines and Resources. It issues a decision document accepting, varying, or rejecting the YESAA recommendations. If a vein or a lode is discovered on a claim, the miner can apply to lease the subsurface of his claim or claims.

It must be remembered that, in addition to the mining rights established through the free-entry system, exploration itself impacts the environment. Miners build roads in order to access and explore claims. This fragments

wildlife habitat and leads to increased hunting pressures and poaching where First Nations people and other Yukoners are living and using the land.

In the vast majority of cases it is not economically viable to develop the mineral deposits that are found.

Therefore the environment endures impacts that are unnecessary and produce no economic benefit. And since the government has no discretion over the allocation of mineral tenure at the staking stage it cannot choose among the preferred clients to assess alternative means of conducting exploration activities that might have less environmental impact.

This is why I believe that this regime does not provide a fair and balanced way to manage Yukon’s public lands. It isn’t a rational and thoughtful approach. The freeentry system asserts that miners need access to the entire land base and therefore encourages them to stake claims over as much territory as possible, with minimal investment and before adequately assessing the economic prospects of a claim. There is, therefore, little encouragement for miners to take greater advantage of today’s advanced geological assessment technology which encourages greater discrimination in the selection of potential mineral exploration sites.

Land use conflicts The first critical issue is the conflicts inherent in surface rights versus mining rights under the free-entry system.

One example of this can be seen with regard to planning in the watershed of the Peel River, a largely pristine area in north Yukon.

The Peel Watershed Planning Commission first noted mineral claims in the region in the spring of 2005. At that time there were 1,658 active claims in that region.

The planning commission’s report indicated that as of 20 October 2009 a total of 8,460 active claims

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MINING INDUSTRY

existed in the planning region.

That’s a fourfold increase in about four years.

In 2009 the Yukon Chapter of the Canadian Parks and Wilderness Society conducted a comprehensive survey of Yukoners’ attitudes about the environment and the Peel watershed. Five hundred and eight Yukoners were randomly selected and asked a series of questions.

One of the questions addressed their attitude to the free-entry system. Of those surveyed, 64 per cent said they believed that making 78 per cent of Yukon available to

staking mineral claims was too high and 92 per cent said the freeentry system should only be allowed in certain parts of the territory — that being 50 per cent of the total. The remaining 42 per cent believed that it should not be allowed anywhere in the Peel watershed. However, given the presence of the free-entry system it is difficult to translate these public attitudes into public policy.

Once a mining claim is staked it becomes an existing third party interest. As such, resource management and land use planning processes must work

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around it. This is an example of mining being treated as the first and the best use of public land.

Because the free-entry system grants priority to these claims their existence constrained a land planning process agreed to by the federal, territorial and First Nations governments.

This is why I argue that the current system is not fair, balanced, rational or thoughtful. There is no point in the process where the public can indicate whether it supports exploration in a specific region or whether exploration for certain minerals, such as uranium, should be allowed at all.

This is why I have urged the government to consider the broader public interest. It is not responsible governance when the free-entry system allocates land to mineral exploration before other values, including conservation, recreation, and traditional uses, subsistence harvesting, tourism interests and wildlife habitat evaluations have been considered.

Current legislation does not provide fair consideration of the values that people now hold dear.

It’s very clear that the free-entry system compromises environmental protection objectives and threatens environmental integrity in a variety of ways.

It is also worth noting that the free-entry system provides rights in a way that is not possible under other systems that grant resource tenure. To receive rights to commercial timber or oil and gas, for example, governments decide whether or not and where tenures are granted before issuing those rights. We need to modernize our mining regime in order to incorporate a similar approach to mineral exploration and development.

Mineral staking and Yukon First Nations land claims Another issue is conflict between Yukon First Nations land claim settlements and mineral staking.

Beginning in 1993 individual Yukon First Nations (YFNs) negotiated a series of final (land claim) and self-government agreements with the government of Canada and the government of Yukon. As part of their land claim agreements YFNs hold title to 25,890 square kilometers of Category A settlement land, and 15,540 square kilometers of Category B settlement land. One difference between the two categories is that YFNs hold surface and subsurface rights to Category A settlement land, but

“We want to have a world-class, competitive mining industry that respects all the values that Yukoners hold with regard to the land.

only surface rights to Category B settlement land. This means YFNs can only prevent mineral staking on Category A settlement land.

There are critical wildlife, recreational, spiritual and other First Nation values that should not be disrupted by free-entry staking.

Those values are equally important to our social and economic wellbeing. That is why they need to be considered equally, alongside all other values, rather than having to be considered only after the landscape has been claimed for mineral exploration.

The role of aboriginal peoples in long-term land use planning and decision-making is critical. Recent legal and political developments demonstrate that First Nation governments want to ensure responsible development in their

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traditional territories and near their communities.

I believe First Nations people want prospecting and mining to be done fairly. They want their issues and their concerns and the values that they, individually and collectively, place on the land to be considered prior to that land being released.

In addition to the land claims processes, the assertion of aboriginal rights and title is another means by which First Nations can ensure that industrial activity in their traditional territories is consistent with their values and their preferred uses of the land.

Canadian constitutional law requires that aboriginal people be meaningfully consulted where alienation of resources on their traditional lands and territories may occur. Some experts question whether the principle of free entry is consistent with the case law on aboriginal rights.

Mining and Yukon’s economy A third issue is maintaining the mineral industry’s contribution to Yukon’s economy. Since the Klondike Gold Rush mining has had a substantial impact, it has also created some liabilities.

We need to ensure that the systems for granting land tenure for exploration and mining reflect the values that people hold today.

Some provinces have either moved away from free entry or have modified it considerably. Elements of these approaches could be used to develop an alternative to free entry in Yukon. A key component of these alternatives is in empowering the minister responsible for mining with discretionary powers regarding mineral dispositions.

That is being done in different ways in Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador. The fact that the Minister in these provinces exercises discretion

Opposite page: Free-entry staking a claim; Above: A bird’s eye view of large-scale mining in progress.

does not mean that mineral resources are disposed of unpredictably. It means that the Minister has the opportunity to consider other values before granting the rights to exploration or mineral development.

In Nova Scotia, for example, the Minister can reject or defer an application for an exploration license, if they believe accepting the application is not in the province’s best interests. Yukon’s legislation doesn’t give the Minister that authority.

In Manitoba a miner who wishes to explore for minerals on privately held land must obtain the consent of the surface rights owner or occupant. Mining in Manitoba must also be conducted consistent with the principle of sustainable development, which is defined and elaborated upon in the Manitoba Mines and Minerals Act. Where disputes occur, the province’s mining board has the authority to hold public hearings and, in some cases, Manitoba’s

Planning Act can prevail over the mineral laws. That’s not the case in Yukon.

It is important to remember that minerals in Yukon belong to all Yukoners. The public needs to feel secure and confident that mining will be done responsibly and that they’re going to receive something of value in return.

Yukon is increasingly under the scrutiny of the world’s major mining industry participants, and we must stay at the front of legislative reform if we’re going to have a competitive environment at an international level for the mining industry. I believe that we can do that.

Conclusion Yukoners are becoming increasingly aware of the environmental and social impacts of large-scale mineral developments. The free-entry system may have made sense in the 19th century when there were relatively few other uses for the

land and much of the mining occurred far away from human settlement. Since then, conditions have changed dramatically, but the principle of free-entry has not. The time has come to ensure that territorial laws reflect the changing times and the conditions in our communities.

Today the free-entry system is creating unnecessary conflicts between miners and other users of the lands. There is an immediate need to reduce the privileged access to lands the mining industry receives today. We must look at some of the more rational and thoughtful approaches from other jurisdictions. If we do that we can be assured of supporting the development of a progressive and environmentally responsible mining industry for the betterment of Yukon’s future.

We want to have a world-class, competitive mining industry that respects all the values that Yukoners hold with regard to the land.

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WELLBEING OF THE PEOPLE

ENERGY DRINKS – CONSUMER CORNUCOPIA OR CHEMICAL COCKTAIL? Energy drinks are growing in popularity much faster than the regulations that should govern their use, says an opposition Member who fears the uncontrolled use of energy drinks is posing a serious health hazard for young people.

Mr Darius Elias, MLA, in Whitehorse.

Mr Elias has been a Liberal Member of the Yukon Legislative Assembly since 2006. He was a member of Canada's Youth Round Table for the Environment and attended the United Nations Conference on the Environment in New York City as Canada's youth representative. He was a senior park warden in the Vuntut National Park before running for public office to become one of Yukon's youngest MLAs.

age of 18 can purchase energy drinks in Yukon; and (3) Working with Health Canada to ensure the consumption of energy drinks by adults only is being properly regulated in Canada.

"If we are truly to accomplish our goals and vision as a community, we must resolve to tackle the issues and problems we face, as a collective." Darius Elias Small jurisdictions can offer early warning signs of health and social issues that may quickly escalate if left unchecked. Yukon Territory has recently debated one such issue.

The health effects of consuming energy drinks have raised concerns and questions.

Energy drinks are an emerging consumer product. Product labeling and Health Canada warnings indicate that these products have no nutritional value, include chemical ingredients that are known to be addictive, and come with a clear warning that these products should be kept out of the reach of children.

On 3 November 2010, the following motion was debated in the Yukon Legislative Assembly:

36 | The Parliamentarian | 2011: Issue One - Yukon

Mr Darius Elias, MLA

Motion 1179 THAT this House urges the Government of Yukon to address the unknown health implications of the consumption of energy drinks on youth under the age of 18 by: (1) Immediately prohibiting the consumption, distribution and possession of energy drinks in all Yukon schools and within their jurisdictional boundaries; (2) Developing legislation to ensure only persons over the

While the motion did not receive the level of support needed to move forward, the debate offered a good starting point to ensure that the issue concerns about energy drinks are now on public record and will be brought forward again if the early warning signs prove to be an accurate predictor of things to come.

The following Hansard excerpts from the debate on 3 November convey my conviction that energy drinks should be controlled in a manner similar to tobacco products and restricted to persons 18 years of age and older.

Mr Speaker, I rise today to speak in favour of this motion, which is

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Old Crow The Vuntut Gwitchin riding (constituency) is the northernmost riding in Yukon. Its boundary extends north to the Beaufort Sea, west to Alaska and east to Canada’s Northwest Territories.

The Vuntut Gwitchin riding is unusual. All the voters live in or near the town of Old Crow (population 300), which is the only community in the riding. Old Crow has no road access and is comprised almost exclusively of members of the Vuntut Gwitchin First Nation.

The riding contains a number of protected areas in the form of National Parks, Territorial Parks and Special Management Areas. In spite of the community’s isolation, the people of Old Crow are very much a part of North American society and also possess strong cultural roots because of their close connection to the land, water and wildlife.

essentially asking that legislation be enacted that restricts the sale and consumption of energy drinks to persons 18 years and older.

There are many precedents for this request, Mr Speaker. Many times throughout history corporate profits have become more important than human health.

The most blatant example of this is cigarettes and my comments today will rely heavily on the mistakes that were made with cigarettes in an effort to help us avoid the same mistakes with energy drinks.

Tobacco cultivation and consumption has been around forever. No one really knows when it started. It is deeply rooted in our culture and belief system.

Cigarettes however are a different story. Cigarettes as a tobacco product were introduced as a novelty product in the late 1800s, more than a hundred years ago.

In 1904, the Canadian government had enough anecdotal information and political support to debate tobacco control legislation in Parliament. That legislation failed

to pass on the first attempt and the cost of that failure has plagued us ever since.

We did recognize that children were specifically vulnerable to the ill effects of smoking.

In 1908, the Tobacco Restraint Act, was passed by Parliament, which prohibited the sale of tobacco to minors.

As adults we can choose our poisons, and there are many poisons that are cleverly disguised as safe and delicious consumer products.

I don’t think we should be

feeding our kids these chemical cocktails without a better understanding of the long-term health effects, especially on growing children.

A big lesson we learned from cigarettes 100 years ago is that without any legislative controls in place, addiction to the product became widespread very quickly and profiteering took over.

Profit-seeking suppliers perpetuated increased sales and tobacco use through many strategies. Not all of these strategies were ethical.

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This page: Mr Elias with his two sons and their friend near the Dempster Highway; Right: Mr Elias with his two daughters in Vuntut National Park.

We are getting the early warning signs that that the downside of energy drinks may be more serious then we thought.

The problem is that once these products become widespread and socially acceptable, the ill health effects will become a problem that won’t be solved easily or quickly, even with the

best strategies in the best circumstances.

Today we know that cigarettes as a consumer product have caused more damage to public health than any other consumer product in history.

Until we know the long-term effects, we should at the very least keep it away from our

38 | The Parliamentarian | 2011: Issue One - Yukon

children like we do with cigarettes.

Cigarettes were barely a novelty item in 1896, with total sales of 87 million sticks. By the early 1920s, sales had increased by 28 times to 2.4 billion.

Energy drinks are following the same pattern. These drinks are advertised as energy boosters.

These drinks have no health benefit and contain nothing that is nutritional.

They are full of chemicals that give you a temporary rush of energy and a corresponding down cycle after the effects wear off.

Suppliers are using targeted advertising to give our kids the message that these energy drinks

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will make them feel good and improve their performance in sports.

We are also finding out that these energy drinks can be dangerous when young people drink too much. Kids are collapsing on the gymnasium floor in the middle of a sporting event and these energy drinks are believed to be the cause.

Health Canada is suggesting that energy drinks can be safe for adults if used in moderation.

Moderation in this case is one drink per day and not mixed with alcohol.

This stuff is high-octane fuel, Mr Speaker, and what we are now seeing is the warning signs that our children can literally burn out if they drink too much of it.

I’m asking that we as law makers ensure that energy drinks are treated like cigarettes and do not become off-the-shelf consumer products that are readily available to our children.

I’m asking that we restrict the sale and consumption of these energy drinks to persons 18 years and older, just like we do with cigarettes.

Mr Speaker, we have learned from cigarettes that when there were no control measures consumption increased, making future control even more difficult.

Health education on its own was largely ineffective at controlling tobacco and we can presume the same will hold true for energy drinks.

Health Canada has published a list of warnings associated with energy drinks. The list is actually quite extensive.

The first warning is crystal clear Children should not drink this. If that isn’t clear enough the list goes on.

•

Don’t drink this if you are pregnant;

• •

•

Don’t mix this with alcohol or prescription medications; Don’t drink energy drinks when exercising or playing sports; and Teens are more likely to have side effects from high caffeine intake.

The first issue is; we know enough about this product to understand the potentially harmful effects of it. Second; there are no controls or restraints in place yet and third; advertising for energy drinks often targets teens and young adults.

From what we know of cigarettes, this looks like a recipe for disaster. I for one, do not want to be standing in this house ten years from now trying to deal with an energy drink epidemic, because we failed to get this right the first time.

Mr Speaker, we have the opportunity right here, right now to practice what we’ve learned from cigarettes.

We have learned that we need to keep harmful substances away from our children, at least until we know more about it. Let’s get this right the first time.

If in the future it turns out to have been a mistake then we have erred on the side of caution for the health, the wellbeing and the safety of our children.

Thank you, Mr Speaker.

Debating this motion in the Yukon Legislative Assembly was only a starting point. Letters have been written to Yukon’s Minister of Health as well the Minister of Education asking that energy drinks be banned from school property.

Yukon’s medical community was consulted on the potential hazards of energy drinks. On 13 November 2010 the Yukon Medical Association at its Annual General Meeting voted to prohibit the sale of such drinks to anyone under the age of 18.

And the work continues. All school boards in Yukon have now received a written request to address this issue and our efforts are now focused on communicating these important findings to sports organizations and other youth-related support groups.

“My goal and my hope is that Yukon leads the way on this issue and becomes the first jurisdiction in Canada to pass legislation regulating the consumption of energy drinks.” Darius Elias Acknowledgements: My Thanks to Neil E. Collishaw, Research Director, Physicians for a Smoke-Free Canada, for allowing us to draw from his extensive research on tobacco politics and policies in the early 20th century.

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The Aurora Borealis (Northern lights) that can be seen from the Yukon.

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