Liard First Nation - Highways and Public Works - Government of Yukon

Liard First NationExecutive Council OfficeP.O. Box 328 Watson Lake, YT Y0A 1C0Phone: 867.536.7901Fax: 867.536.7910Email: lfncc_exeasst@kaska.caSeptember 13, 2012Government of Yukon Highways and Public Works (W-3P)Box 2703Whitehorse, YT Y1A 2C6Submitted via email: rar@gov.yk.caATTN: RAR Project TeamRE: draft Resource Access Roads Framework for YukonLiard First Nation (LFN) appreciates the opportunity to comment on the draft Resource Access Roads Frameworkfor Yukon. As a general document, the framework is effective in identifying that there are multiple and oftenconflicting interests surrounding construction and use of resource access roads. There is a need for an effective andclear process by which existing and future roads are dealt with and a general framework is a sensible first step.LFN, along with Ross River Dena Council (RRDC) and White River First Nation (WRFN), are the three YukonFirst Nations who have not signed a land claim agreement with territorial or federal governments. The Aboriginalrights and title of these nations have never been surrendered, and as such these nations are self-governing bodieswith the right to co-manage the resources in their territory. These comments are submitted in support of any otherconcerns or issues raised by RRDC or WRFN.The development and use (or misuse) of access roads are an item of extreme concern and frustration to LFN.Aboriginal rights and title include (but are not limited to) traditional and current uses of the land, as well as thegeneral interest in how the land is used now or in the future. These rights are infringed upon in numerous direct andindirect ways with increasing remote access into LFN's traditional territory, including but not limited to:• habitat loss, degradation, and fragmentation• increased poaching, and "legal" hunting pressure on valued wildlife species• facilitation of future resource development and the consequent cumulative impacts on multipleenvironmental receptors• air pollution, noise pollution, and visual pollution from new roads and industrial traffic, all of which havedirect impacts on the environment and future land use options for LFNGiven the above, LFN is pleased to support any initiative which seeks to improve the way in which aboriginal rightsand title are protected as they pertain to resource access roads. In particular, the commitments noted on pages 5 and

26 the acknowledge Yukon Government's (YG) responsibility to meet its legal consultation requirements with FirstNations. LFN fully expects that YG will indeed meet their legal consultation requirements in finalizing thisframework, and more importantly will do so for the "operational procedures and guidelines" (p.2) that will supportthe final framework.LFN is optimistically presuming that an effective First Nations consultation protocol will be developed as part ofthese procedures and guidelines. Please be reminded that consultation practices developed to satisfy requirements ofthe Umbrella Final Agreement do not apply to First Nations without a signed land claim agreement. LFN expects tobe deeply and meaningfully consulted on the development of any policies or practices on how resource access roadsin Kaska territory are reviewed, approved, developed, and managed. Meaningful consultation should also be acentral focus embedded within any such policies or practices, so that YG's legal consultation requirements areindeed met. We therefore trust that this opportunity to comment on the draft framework is an initial step in a moremeaningful consultation process on this topic.Regards,Tyler GrayLFN Lands & Resourcescc:Chief Liard McMillan, Liard First Nation, via email (lmcmillan@kaska.ca)Chief Jack Caesar, Ross River Dena CouncilMary Maje, Ross River Dena Council YESAA CoordinatorChief Charlie Eikland Jr., White River First Nation, via emailJanet Vander Meer, White River First Nation Lands Coordinator