Yukon First Nations still short on clarity for Peel watershed - Action News
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Yukon First Nations still short on clarity for Peel watershed

An appeal court decision that rejected the Yukon government's plan for the Peel watershed has vindicated First Nations, but the battle to have a say in the process may not be over.

An appeal court decision that rejected the Yukon government's plan for the Peel watershed has vindicated First Nations, but the battle to have a say in the process may not be over.

The appeal court ruled yesterday that the Yukon government failed to honour treaty obligationsduring land use planning for the Peel Watershed.

Roberta Joseph is chief of the Tr'ondk Hwch'in First Nations, just one of the groups that argued against the Yukon government.

While pleased with the ruling, she says, in a news release, that it's disappointing that the issue has cost so much time and money, "and we still lack clarity for the Peel."

Wednesday's ruling sets the process back to February 2011, when the Yukon government first advanced its modifications to the proposal. That's further back in the process then what was recommended by the lower court.

Lawyer Tom Berger, who represented the First Nations and environmental groupsin court, says that's far enough back that the Yukon government could effectivelyimplement its plan by the back door.

The court says theYukon government has the right to rejectrecommendations during land use planning, if it follows the proper process.

Na-choNykDun Chief SimonMervynsays the Peel ruling supports First Nations constitutional rights, but does little to ensure the Yukon Government respectfullylistens to what First Nations have to say when it comes to land use planning.

The First Nations are carefully considering the court's decisions, and whether further steps should be taken.