Court sends Peel watershed planning back to the drawing board

The Yukon Court of Appeal has upheld the Supreme Court's decision that the Yukon government did not respect thePeel watershed land useplanning process as set out in final land claim agreements with First Nations.

Chief Justice Robert BaumansaidYukonundermined reconciliation by "failing to honour the letter and spirit of its treaty obligations." It did that by not revealing its modifications to the initial recommended plan and by submittinga new plan "disconnected" from earlier proposals.

Baumanruledthe planning process must return to the point where"Yukon derailed the dialogue essential to reconciliation asenvisioned in Final Agreements."

Judgment a mixed bag for First Nations

While the judgmentdoes not represent a clear "win"for either side,there is oneimportant victory for First Nations, saidJeff Langlois, counsel for the Gwich'in Tribal Council.

"Yukon had asserted that they had the final say over the [landuse]plan; they asserted that nothing in this process that they agreed to can limit them when it comes to imposing a landuse plan," Langlois said.

"The court has rejected that argument soundly."

But he saidthe judgment is no party's first choice and meansthere is a lot of work ahead for First Nations.

"The court has essentially said'Go back and sort it out again, come up with a new plan.'"

Return to 'point of breach'

The Yukon government had hopedthe court wouldoverturn a December decision from the Yukon Supreme Courtthat quashed the territorial plan for the region. The government's plan would haveprotectedless than 30 per cent of the land from development.

Now, the planning process will return tothe "point of breach."

Treaty obligations required the Yukon government to consult with First Nations on an initial recommended plan created by an independent planningcommission. "Yukon provided very general suggestions at the [initial Recommended Plan] stageand then proposed its own plan at the [Recommended Plan] stage," Justice Bauman wrote in his judgment.

He saidYukon's actionsleft the independent planning commission "ill-equipped" to advance the process.Bauman saidthe planning process must therefore return to the initial recommended plan stage.

Yukon government 'satisfied' with ruling

The Yukongovernment said it is satisfied with the court's decision to send the parties back to an earlier stage in the planning process.

In a press release, the government said it sought clarity that the Yukon government retains the authority to make final decisions on public lands.