Another mining company endorses Kaska resource law – by Nancy Thomson (CBC News North – February 11, 2015)

http://www.cbc.ca/news/canada/north

Kaska law will govern use of resources on traditional territory

A lawyer who represents the Kaska says Yukon Premier Darrell Pasloski may not understand how the Kaska have the inherent right to self govern. Steve Walsh was referring to comments made recently by Pasloski.

The premier told CBC News that because the Kaska haven’t signed a final land claim and self government agreement, they still fall under the Indian Act, and can’t pass their own laws.

The five Kaska First Nations have issued a declaration, saying they will pass a Kaska resource law this summer. They say it will be used to govern the use of resources on Kaska territory. Walsh says the Constitution clearly outlines the rights of First Nations when it comes to governing themselves.

“I was very surprised to hear Premier Pasloski refer to the Indian Act .. the inherent right of self government was recognized by the government of Canada 20 years ago in 1995,” he says.

“It’s a right protected under section 35 of the Constitution Act 1982 as an existing aboriginal right. So the question whether the Kaska can pass a resource law has nothing to do with the Indian Act, it has to do with their inherent right of self government.”

The Kaska also take exception to Pasloski’s reference to “asserted” aboriginal rights and title.

Walsh says the Kaska have signed agreements with the Yukon government, in 1997 and 2003, that did acknowledge title.

“They contain very clear acknowledgements of the Kaska’s aboriginal title and rights to their traditional territory….those agreements were negotiated and concluded in good faith and I think that for the government to turn around, after the government obtained what it wanted under those agreements…and then repudiate that title and rights is inconsistent with the honour of the Crown and constitutes bad faith.”

Walsh says “there’s a world of difference” between recognition of asserted aboriginal title and acknowledgement of aboriginal title.

He says the Kaska also have strong case law on their side, referring to the 2012 decision by the Yukon court of appeal on quartz mining claims staking within the traditional territory of the Ross River Dena Council, one of the Kaska nations.

“The Yukon Court of Appeal, the territory’s highest court, recognized in crystal clear terms that aboriginal title includes title to resources. And the Kaska take that clear statement of the law and combine their inherent right to self government and decide that they intend to pass a Kaska resource law.”

For the rest of this article, click here: http://www.cbc.ca/news/canada/north/another-mining-company-endorses-kaska-resource-law-1.2952778