The Kwanlin Dün First Nation Final and Self-Government Agreements, along with Implementation Plans and ancillary agreements, were signed in Whitehorse, Yukon on February 19, 2005.

Overview

The Kwanlin Dün First Nation’s land claim and self-government agreements provide a basis for new government-to-government relationships based on respect and partnership.

The land claim settlement provides certainty by clarifying land and resource ownership, use, and management, laying the foundation for economic and resource development opportunities to promote Kwanlin Dün’s participation in the Yukon’s economy and to improve the quality of life for the citizens of the Kwanlin Dün First Nation.

The self-government agreement will provide the Kwanlin Dün First Nation with tools to renew its historical self-reliance, to protect its land, language and way of life, to strengthen its economy and community, and to chart its own future. The Kwanlin Dün First Nation Self-Government Agreement is the first self-government agreement in Canada to provide for the exercise of self-government within a city. Through a unique set of provisions, the self-government agreement sets out how the Kwanlin Dün First Nation has authority with respect to: management of internal affairs; programs and services to citizens; management of land and natural resources; and public health and safety on settlement lands.

The information that follows highlights key provisions related to the rights and benefits contained in the Kwanlin Dün First Nation Final and Self-Government Agreements. Negotiated under the terms of the Umbrella Final Agreement (1993), these agreements also contain specific provisions that address the unique interests and characteristics of the Kwanlin Dün First Nation.

Land

• Ownership of approximately 1036 square kilometres (400 square miles) of settlement land, of which 35 square kilometres is located inside the City of Whitehorse, including some waterfront land.
  
  
• Retention of Kwanlin Dün First Nation Indian Reserve No. 8 – comprising the Old Village (Lot 226) – to be managed by Kwanlin Dün First Nation as a “retained reserve” as Settlement Category A land. The Indian Act will not apply to this land.
  
  
• Waterfront development – includes a parcel of riverfront land in downtown Whitehorse.
  
  
• New land use planning initiatives that allow Kwanlin Dün First Nation a more active role in joint land use planning within Kwanlin Dün First Nation traditional territory.

Funding and Economic Development

• Approximately $30 million in net financial compensation paid over the next 15 years.
  
  
• $5.67 million economic development fund to be used for economic development relevant training and education, and the cost of administering the fund.
  
  
• A lump-sum payment of $6 million under a Collateral Agreement for the settlement of outstanding litigation with respect to Lot 226, potential disputes arising from the 1986 relocation, and a contribution to Kwanlin Dün First Nation’s waterfront development.
  
  
• $100,000 towards Kwanlin Dün First Nation’s participation in the Whitehorse Fishway Redevelopment Project.
  
  
• Ongoing funding for the administration of government and the delivery programs and services transferred to KDFN under Programs and Services Transfer Agreements.
  
  
• Implementation plans for the final and self-government agreements provide funding for implementation.
  
  
• The final agreement includes commitments from the Government of Yukon to provide KDFN with opportunities on certain government projects and government contracts within KDFN traditional territory.

Wildlife and Forest Harvesting

• The land claim agreement provides fish and wildlife harvesting rights within KDFN traditional territory, including exclusive hunting rights on Category A settlement land.
  
  
• First Nation participation in decision making affecting fish and wildlife and public land within KDFN traditional territory through various boards, committees and councils.

Renewable and Heritage Resources Management

• $673,835 for a Waterfront Heritage Working Group to be established to increase the svisibility of First Nation heritage along the banks of the Yukon River.
  
  
• KDFN will participate in the Whitehorse Fishway Redevelopment Project on the Yukon River.
  
  
• Establishment of the Ibex Renewable Resources Council and creation of the Southern Lakes Wildlife Coordinating Committee.
  
  
• Two new Special Management Areas for Kusawa Park and the Lewes Marsh Wetland Habitat Protection Area.
  
  
• Canyon City will be designated a Historic Site.

Self-Government

• On the effective date of the agreements, April 1, 2005, the Kwanlin Dün First Nation Band will cease to exist and will be succeeded by the Kwanlin Dün First Nation.
  
  
• Kwanlin Dün First Nation will have a wide range of law-making powers. These include laws that will apply to settlement land, as well as laws that will apply to Kwanlin Dün First Nation citizens who live in the Yukon.
  
  
• With respect to its lands, Kwanlin Dün First Nation will have the ability to make laws to address the use, management, control and protection of its settlement land in areas that include, among others, the protection of fish, wildlife and habitat; allocation or disposition of rights and interests in and to its settlement land; administration of justice; and, taxation for local purposes.
  
  
• With respect to its citizens, Kwanlin Dün First Nation will have law-making authority over adoption of Kwanlin Dün First Nation citizens, guardianship, custody, care and placement of Kwanlin Dün First Nation children, marriage, programs and services related to language and culture, social and welfare services, and training, and other matters.
  
  
• Kwanlin Dün First Nation can negotiate Program and Service Transfer Agreements (PSTAs) to manage, administer and deliver programs and services for its citizens that reflect the priorities, values and culture of the Kwanlin Dün First Nation people.

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