Public discussions to take place across Yukon preceding new backcountry laws

Yukoners will soon have their say on new rules for the backcountry.

The Yukon government is writing a Public Lands Act to replace the laws currently in use, two pieces of legislation that were last reviewed in the 1980s. They don't have any reference to Yukon First Nations Final Agreements and few rules for land use activities.

"It's time for us to bring it into the modern era," said John Streicker, resources minister, in an interview last week.

Writing up new legislation with Yukon First Nations was part of the deal when the Yukon government signed its devolution transfer agreement with Ottawa in 2003.

A steering committee was formed to help write the new law after an initial round of public engagement in 2022. The Council of Yukon First Nations and Yukon First Nations are included, as well as transboundary Indigenous governments.

The first public discussion is happening in Whitehorse on Tuesday evening.

It'll be followed by a series of community meetings spanning until late June.

There's also an online survey that will be live until July 12. 

"Lands legislation is pretty fundamental to Yukoners' relationship with the territory," Streicker said. "There's going to be a lot of feedback, we are sure."

New legislation should include First Nations governance

One of the "main parts of the vision" is to build an Act that upholds treaty rights and First Nations Final Agreements, according to Nathan Millar, a director at the department of energy, mines and resources.

Millar clarified that the rules will affect public lands, not settlement lands. Engagement with First Nations will happen after two months of public engagement, ending in late June. The Council of Yukon First Nations and Yukon First Nations are also included on the legislation's steering committee.

Sebastian Jones, an analyst for the Yukon Conservation Society, said he's happy to see First Nations governments at the law-writing table.

"It's very encouraging," Jones said.

Jones would like to see the law give legislative power to First Nations' Final Agreements and land use plans. He warned there's equal risk of the law superseding those land use plans before they even have a chance to be written.

"That's something important to bear in mind and watch out for," Jones said.

Neil Salvin, chair of the Yukon Land Use Planning Council, agrees that land use plans should be baked into the law.

"It would mean that the plans have to be followed, full stop," Salvin said. "The current way is regional plans are more or less guidelines."

That means federal, territorial or Indigenous governments can choose to ignore them.

"We don't think that should happen, because the land use planning process is very complex and involved, we think the results of that should be honoured," Salvin said.

Too many rules could cause 'chaos'

Right now, the territory's land use rules are pretty relaxed. Eric Schroff, executive director of the Yukon Fish and Game Association, hopes they'll stay that way.

"The ideal situation is you tell people to go out and enjoy these things in the way that we traditionally have enjoyed them, but don't burn the place down," Schroff said.

Schroff says a few new rules are necessary, like laws against cabin-building squatters in the backcountry. But too many rules could become unenforceable, creating administrative issues and, potentially, backlogs in court.

"If you have rules and you don't enforce them, you get chaos," Schroff said.

"If you have rules, and you're going to enforce them, you have to have the resources to do it appropriately."