First Nations in Yukon demand repeal of territorys mining amendments

First Nations in the Yukon say they weren’t consulted on recent amendments to the territory’s mining regulations and are demanding they be repealed. In May, the government announced temporary amendments to the territory’s placer mining, quartz exploration and water regulations. The amendments were put in place to help ease a backlog of license renewals. The amendments grant extensions for eligible operators to continue working while waiting for project approvals. But First Nations say they weren’t given a heads up about the changes. Concerns about the amendments were raised at the Council of Yukon First Nations’ (CYFN) annual general assembly last month, leading the organization to issue a resolution calling for their “urgent” repeal. CYFN also wants the government to engage with First Nations to address the permitting backlog. The Tr’ondëk Hwëch’in First Nation (TH), located six hours north of Whitehorse in Dawson City, is taking particular aim at the amendments. The First Nation, whose traditional territory is a hotspot for placer mining (a form of mining that uses water to flush heavy minerals from gravel and sand), said in a release last week that it supports responsible mining but is concerned the extensions don’t include proper environmental and regulatory oversight, putting the environment at “serious risk.” Nor was it pleased to learn of the amendments after the fact – something it said disregards Supreme Court rulings that found the Crown has a duty to consult with First Nations on matters that impact their rights. “This is inconsistent with the honour of the Crown and unbecoming of our treaty partner,” it said. The First Nation said the government also failed to address a foreseeable surge in permits, which it feels could have been addressed with resourcing and capacity. The new amendments, it said, fail to prevent another backlog from happening in the near future. “Instead, (the Yukon government) chose a blunt regulatory band-aid that puts the risk on the environment and our treaty rights and interests,” the statement reads. Hähkè (Chief) Darren Taylor said in the statement the amendments come as a major disappointment as the First Nation was working with the government to update the territory’s outdated mining regulations. “The backroom way that (the Yukon government) proceeded in amending these laws is a betrayal of (its) commitment to work with TH,” he said. “These amendments blindly extend the life of activities beyond what anyone has assessed or planned for and in some cases, oversteps our constitutionally backed jurisdiction as a decision body for activities on our Settlement Lands. This is not responsible. (The Yukon government) is rolling the dice and hoping there won’t be another Eagle Gold mine incident. TH and all Yukoners deserve better.” But a government spokesperson said in a statement to APTN News its taking the issue seriously. They noted the extensions only apply to activities that have already undergone “thorough review” and approval under the Yukon Environmental and Socio-economic Assessment Act, or YESAA, which includes “meaningful consultation” with affected First Nations at the time of assessment. They also said no new activities or expansions are authorized under the amendments. A letter provided with the statement from Energy, Mines and Resources Minister John Streicker to Taylor said that, in many cases, the extensions will only be valid until the end of the year. The letter provides an example that if a project’s activities were to take place from April 15 to October 31 annually for 10 years, an approval that expires on May 31, 2025, could be extended to October 31 – but not any further. “This should be sufficient to allow eligible miners whose approvals are expiring to make best use of the summer operating season and obtain their necessary new or renewed authorizations in time for the next operating season,” said Streicker. Meanwhile, CYFN’s resolution says it will hold an emergency meeting within 30 days if the government fails to address its demands. Continue Reading