The YSGS is working with all 14 Yukon First Nations as well as the three northern B.C. First Nations of the Taku River Tlingit, the Dease River First Nation and the Daylu Dena Council on the issues surrounding consultation and accommodation.

Essentially, what this means is that both the federal and territorial governments must consult with Yukon self-governing First Nations on issues that may impact their agreements. This has not always happened and work needs to be done to address the problem. 

At the summit on May 27 & 28, 2009, Yukon First Nations expressed their interests in working with Canada to establish guidelines which will inform the consultation process to ensure they are meaningful, effective, exercised in good faith and provides for accommodation when the circumstances arise. However, it must be noted that Yukon First Nations remain skeptical of Canada’s intentions due to their actions in supporting the Government of Yukon’s appeal in the case of Little Salmon/Carmacks v. Yukon (Energy Mines & Resources). Consequently, Yukon First Nations identified the following concerns and issues:

1. Throughout Canada the relations between First Nations and the Federal Government are shaped and informed by their unique histories and treaties. A federal policy that applies a “one size fits all approach” to consultation is not appropriate for Yukon First Nations;
2. To ensure that any consultation process is efficient and effective, a consultation process should be initiated as the earliest possible stage providing adequate notice directly to the affected First Nation and resources for capacity should be made available to the First Nation when a circumstance require (i.e. contingent on the nature of the issue which may call for technical expertise in various fields);
3. Yukon First Nations recognize that there may be some situations and issues that require direct consultation between the Government and a Yukon First Nation government and there may be other circumstances whereby Yukon First Nations may agree to participate in a collective common consultation process.

In order to facilitate the development of a federal policy that reflects and respects Yukon First Nation interests it was proposed that a working group be established to design the framework for a Yukon specific consultation and accommodation policy.

For the full report regarding consultation and accommodation please contact the Self Government Secretariat.