Yukon Umbrella Final Agreement

After many years of negotiations and the hard work of many visionary leaders, the historic final agreement of the Umbrella (UFA) was signed in 1993. It provided the model for the negotiation of individual land agreements (called “final agreements”) with each Yukon nation. Yukon Country`s claims refer to the process of negotiating and executing Aboriginal land claim agreements in Yukon, Canada, between First Nations and the federal government. On the basis of historical occupation and exploitation, First Nations claim fundamental rights in all countries. CSC concluded that the Yukon government could not unilaterally change the plan; it was only able to make minor or partial changes based on previous circumstances in response to developments. By circumventing the regional land use process, Yukon`s decision resulted in First Nations not exercising their rights under the final agreements. CSC found that Yukon`s conduct did not maintain the honour of the Crown. Unlike most other Canadian foeal claims that apply only to status Indians, Yukon First Nations insisted that the agreements involve all those they considered to be 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 founded the Yukon Indian Council (YC) to negotiate a land agreement. The two organizations and the Council merged in 1980 as the Council for Yukon Indians. In 1995, CYI was renamed the Yukon First Nations Council. In Nacho Nyak Dun, CSC stressed that compliance with the treaty text should not take precedence over its underlying objectives and constitutional restrictions imposed by Section 35 of the Constitution Act 1982.

CSC noted that “[m] or treaties are intended to renew the relationship between Aboriginal peoples and the Crown with an egalitarian partnership” and noted that if a treaty, such as final agreements, accurately establishes a relationship of government, these conditions should be applied. In this way, “reconciliation is in accordance with the conditions of a modern treaty.” In 1993, Canada, Yukon and the Yukon Indian Council entered into a framework agreement that served as a model for individualized finite agreements negotiated with the Yukon First Nations. The final agreements recognize the traditional territories of the First Nation signatory states and their right to participate in the management of public funds in that territory.

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