High court watershed decision a ‘victory’: First Nation chief

CAPTION:The Supreme Court of Canada says the Yukon government was not entitled to rewrite a land-use plan for a huge swath of land.

Tr'ondek Hwech'in First Nation Chief Roberta Joseph says the decision is a victory for Yukoners and First Nations. (Dec. 1 2017) SOUNDBITE: Roberta Joseph, TR’ONDEK HWECH’IN FIRST NATION CHIEF SOUNDBITE: Margaret Rosling, lawyer for First Nations and environmental groups PLACELINE: Ottawa CREDIT: The Canadian Press Storyline:In a victory for First Nations and environmental groups, the Supreme Court of Canada says the Yukon government was not entitled to rewrite a land-use plan for a huge swath of wilderness in the territory.

The unanimous high court ruling Friday is likely to have a profound impact on resource development and ecological protection in the Peel Watershed, which covers an area the size of Ireland.

In 1993, Canada, Yukon and First Nations agreed on a consultative process for development of land-use plans in regions including the watershed.

The process led to creation of a recommended plan for the watershed, but the process broke down when Yukon changed the final plan over the objections of the First Nations, who argued the territory did not have authority to do so.

Environmental groups say the government's changes drastically altered the final plan by removing protections and opening up more than 70 per cent of the watershed to roads, mining and drilling.

A trial judge ruled that Yukon had breached an agreement when it changed the plan, quashed Yukon's final land-use plan and ordered that the process return to the point of final consultations between the territory and First Nations.