This decision underscores the SCC`s compliance with the terms of modern treaties and its role in protecting the rights of First Nations to meaningful participation in the land use planning processes required by these treaties. Although governments generally have the final decision-making power, this power cannot be used to thwart the agreed process that leads to that decision. Both parties, First Nations and governments, are expected to advance their contractual rights conscientiously and in good faith. These behavioral expectations are consistent with the positive and mutually respectful long-term relationship that modern contracts are designed to foster. With this in mind, the SCC has once again demonstrated its commitment to upholding trials as a means of reconciliation between the Crown and Canada`s Indigenous peoples. After many years of negotiations and the hard work of many visionary leaders, the historic Final Framework Agreement (UFA) was signed in 1993. It provided the template for negotiating individual land claim agreements (called « final agreements ») with each Yukon First Nation. While the Final Framework Agreement provides a framework within which each of the 14 Yukon First Nations will enter into a final claims settlement agreement, all of the provisions of the UFA are part of any Final First Nations Agreement (NPF). The final agreements contain the entire text of the final framework agreement with the addition of specific provisions that apply to each First Nation. The current process began in 1973 with the publication of Together Today For our Children Tomorrow by Chief Elijah Smith. Negotiations took place in the late 1970s and early 1980s and resulted in an agreement that was ultimately rejected.
Peel Watersaat, rich in non-renewable natural resources, is part of the traditional territory of a number of Yukon First Nations. The Commission is a politically neutral body created in 2004 and appointed by Yukon First Nations and First Nations. Its mandate is to develop a land use plan for the region in accordance with the final agreements with First Nations in the region. The Commission was responsible for preparing a draft and recommended final plan with a prescribed procedure for consultation with First Nations. Yukon has the authority to approve, reject or amend Council recommendations. In 1993, Canada, Yukon and the Council of Yukon Indians entered into a final framework agreement that served as a model for individualized final agreements that were then negotiated with Yukon First Nations. .