The Yukon Land Claims refer to the process of negotiating and settling Indigenous land claim agreements in Yukon, Canada between First Nations and the federal government. Based on historic occupancy and use, the First Nations claim basic rights to all the lands.
History
Unlike other parts of Canada, Yukon First Nations did not conclude any treaties until the 1990s. Chief Jim Boss of the Ta'an Kwach'an had requested compensation from the Canadian government for lost lands and hunting grounds as a result of the Klondike Gold Rush in 1902. Boss' letter was ignored by the federal government. It was not until the 1970s that the issue was raised again.
The current process started in 1973 with the publication of Together Today For our Children Tomorrow by Chief Elijah Smith. Negotiations took place in the late 1970s and early 1980s, culminating in an agreement which was ultimately rejected.
Negotiations resumed in the late 1980s and culminated to the "Umbrella Final Agreement" (UFA) in 1990. The UFA is used as the framework or template for individual agreements with each of the fourteen Yukon First Nations recognized by the federal government. It was signed in 1993 and the first four First Nations ratified their land claims agreements in 1995. To date (January, 2016), eleven of the fourteen First Nations have signed and ratified an agreement. Presently, White River First Nation, Liard First Nation and Ross River Dena Council are not negotiating. They remain Indian Bands under the federal Indian Act.
Unlike most other Canadian land claims agreements that apply only to Status Indians, the Yukon First Nations insisted that the agreements involve everyone they considered part of their nation, whether they were recognized as Status Indians or not under federal government rules. In 1973, the Yukon Indian Brotherhood and the Yukon Association of Non-Status Indians formed the Council for Yukon Indians (CYI) to negotiate a land claims agreement. The two organizations and the Council formally merged in 1980 under the name of Council for Yukon Indians. In 1995, CYI was renamed to the Council of Yukon First Nations.
Prior to the agreement
Before Yukon First Nations regained their self governance, the federal government regulated how they could use their land. Before the agreement, Yukon First Nations claimed the land and resources in Yukon as all under their ownership. This was based on traditional occupancy and use of that land. But, all affairs in Yukon were controlled by Indian and Northern Affairs Canada (INAC). INAC had the responsibility to establish programs related to law, land reserves, health, social services, and housing. Yukon First Nation bands implemented these programs, but had no authority to modify them.
The Yukon Native Brotherhood
In 1968, Chief Elijah Smith founded the Yukon Native Brotherhood with 12 Yukon First Nation bands. This brotherhood was formed in order to voice the Yukon First Nations rights. This was an important event for the progress towards the UFA and ultimately self governing.
Together Today for Our Children Tomorrow
In January 1973, Chief Elijah Smith wrote Together Today for Our Children Tomorrow. Smith, together with a delegation of other Yukon elders, including Roddy Blackjack of the Little Salmon/Carmacks First Nation, presented this text to Prime Minister Pierre Trudeau as the basis of the Yukon First Nations' claim to regain independence and self-governing authority.
In the introduction, Smith writes about the Yukon Native Brotherhood seeking a settlement that is fair and just both for the Yukon First Nations and the Government of Canada. In the second part, Smith discusses the struggles of the Aboriginals of Canada in recent history since European colonization, which altered their lives. Smith highlighted the major events that altered the Aboriginals' way of life. He included the Fur Trade, the Klondike Gold Rush of 1896, Residential Schools, and construction of the Alaska highway. In the third part, he explored contemporary issues of the early 1970s. Smith tried to break the stereotype of the Yukon Aboriginals at the time, challenging stereotypes by the Whiteman. Smith also provided the Aboriginals perspective on the Whiteman. He acknowledges the distinction between the cultures of the Whiteman and the Aboriginals, saying that is why the Aboriginals must have the ability to manage their own societies. Smith demonstrates that such a settlement can benefit the future generations. In the fourth part, titled "Tomorrow," Smith explained how the Yukon First Nations would use their independence if a settlement was reached. He noted eight different areas they would focus on:
