Northern Dialogues with Ed Schultz

For many years Ed Schultz played a major role in tripartite negotiations between the Government of Canada, the Yukon Territorial Government and Yukon First Nations, which resulted in the creation of a unique framework for self-determination and governance by First Nations peoples in Canada.

History

The process of self-governance has been in the works for over 30 years in the Yukon Territory, but it begins from the depths of despair. A long history of being marginalized economically, effectively left out of economically rich projects such as the historical fur trade, mining and infrastructure development contributed to the downward spiral of the Yukon's native peoples. Years of social problems were taking their toll on the native people in the Yukon; alcoholism, drug abuse, appalling living conditions and extreme social problems had made life unbearable for many of the Yukon's native people.

Few people had even a basic education and while other people prospered in the face of economic growth, the Yukon's native people were left out. At that time the future was very bleak for natives in the far north. In 1973 the Council of Yukon First Nations was established in an effort to try and end the cycle of poverty, poor health and lack of education. Elders petitioned the federal government and the Prime Minister to find a way to build a relationship between native people in the Yukon and the rest of Canada. High hopes rested on the bettering of social conditions of the Yukon's native peoples. And so began a process that has seen highs and lows, frustrating moments and sweet victories for all involved.

In 1984 the Canadian government presented an Agreement in Principle (AIP) to the people of the Yukon, offering only land claims (not ownership) of more than 20,000 sq. km. The Yukon First Nations people promptly rejected this, because it did not offer them ownership of the land, including the rights to the land, water and minerals contained on it.

In 1988 the Canadian government tabled a new offer to the Yukon First Nations. On offer was the claim to the land and self-government of more than 41,000 sq. km of land. Self-government also meant that they had rights to the land, water and minerals contained in the ground. Schultz called it a massive decentralization of management that has brought it down to the community level.

In the Yukon today…

Today there are 21 community-oriented agreements across the Yukon. Ten of these are completely self-governed, while others are still administered under the auspices of the Indian Act. Self-government in the Yukon works on several levels.

First of all it works on the tribal council level, in areas where natives come from the same geographical area and share a common language, customs and culture.
The second level of affiliation is on a regional level. For example the Council of Yukon First Nations has 15 members who work together on universal strategies at the national and international level (i.e. environmental programs such as sustainable development). Finally there are First Nations and international affiliations. The Assembly of First Nations is the national body that represents the interests of the more than 600 First Nations' communities across Canada. All of the First Nations communities in the Yukon are members of the AFN.

Schultz said it is imperative for Yukon First Nations communities to maintain an ongoing dialogue with municipal, territorial and federal governments for program and service delivery. This helps First Nations communities develop and maintain their systems of self-government. For instance there are "negotiation tables" on tax revenue, PSTA's (program and service transfer agreements) that allow Yukon First Nations to tailor e.g. housing and health and child care programs for their people.

There is also extensive development in policies, regulations and legislation for education, corrections, and environmental assessment and land management. In effect their self-governing agreements mean that they have the same level of authority in exercising the law as the federal government. The idea is not to undermine any current legislation, but to meet or beat the current legislation in their jurisdiction. He called it "local solutions for local problems."

Schultz reported that Yukon First Nations people are highly involved in the self-governing process, from teenagers to elders that are well into their eighties. In the past they were either left out of the determination process entirely; even some ten years ago Yukon First Nations were only consulted about issues that affected their lives.

These days, they are fully involved in how they run their affairs. "It only represents the beginning of what we have been able to do so far," he said. A good example of this is he recently implemented community-oriented environmental assessment. A company wants to develop an area for economic activity (i.e. a mine); in the past it would have filed an application in Ottawa with the federal government. Nowadays the same company would have to file an application with the community that governs the land in that area.

Self-governing helps people better their lives

The unique thing that the Council of Yukon First Nations can do under their self-governing agreements is to enforce their own tax. If you live in an area governed by the Yukon First Nations, you will be taxed according to their agreements, even if you are non-native.

The power to tax means that the Council receives some 95% of the income tax, which is circulated back into native communities across the Yukon Territory. Their agreement also means that all Yukon First Nations communities are paid royalties on resources that are extracted from the land. For example if a mine opens in a community in the north part of the Territory, communities in the south part of the Territory will receive revenue from that activity. Schultz said that the Yukon First Nations have to deal with extremely complex economic issues and they rely on help from outside consultants to keep things in order.

What it boils down to, he told the audience, is that Yukon First Nations can depend less on transfers from the federal government in Ottawa and focus more on the development of financial independence and business development. Generating their own wealth from economic activity means that people will stay he said.

While the Council of Yukon First Nations has many victories to celebrate, Schultz reminded us that there are also many pressing issues that the people of the Yukon cannot ignore. Climate change, biodiversity issues and hydrocarbon development (oil fields) are just some of the big environmental issues that everyone in the Yukon has to think about these days.

When asked whether self-governance has had an effect on the lives and health of the native peoples of the Yukon, Mr. Schultz responded, "Absolutely." He called it "exciting" and said he was very proud of his people for being risk takers and innovators in determining their own future. He said that today natives and non-natives alike are living in a "harmonious society". "Natives have always adapted," he stressed, "and self-government is an example of adaptation in the globalized world. Cultural change is something we have always done."

By Carmen Boudreau-Kiviaho