Comprehensive Claims Process

Comprehensive claims agreements continue a process that has been evolving for more than two centuries. The claims process involves negotiating settlements between governments and Aboriginal peoples in Canada. These settlements are meant to result in a clarification of the rights of Aboriginal and non-Aboriginal people with respect to land and resources. Comprehensive claims negotiations are conducted with Aboriginal groups that continue to use and occupy traditional lands and whose Aboriginal title has not been dealt with by treaty or superseded by law.

Negotiated settlements may provide Aboriginal groups with land, money, wildlife harvesting rights, the opportunity to participate in environmental and wildlife management, some subsurface rights and a share of royalties from non-renewable resources. Settlements represent a way for Aboriginal peoples to obtain lasting protection for their traditional land-based interests and, at the same time, secure rights and benefits that will assist them to chart their socio-economic development.

The federal government's 1986 Comprehensive Land Claims Policy guides the negotiation of Aboriginal claims. It seeks to achieve agreements that will ensure fair treatment of Aboriginal interests and avoid grievances in the future.

The claims process begins when an Aboriginal organization prepares and submits a statement of claim that identifies the claimant group and its requirements. After the claim has been examined for validity by the Department of Indian Affairs and Northern Development and the Department of Justice, the claimant organization will be notified whether it is acceptable for negotiation under the Comprehensive Land Claims Policy.

Initial negotiations are directed toward a framework agreement, which outlines the scope and parameters of substantive negotiations toward an Agreement-In-Principle (AIP) that will essentially contain almost all of the features of the eventual settlement package. After some review and refinement by all parties, the AIP becomes the final agreement that is enacted into legislation and receives constitutional protection. The final phase is the implementation of settlement legislation.

Background on the Council of Yukon First Nations (formerly known as the Council for Yukon Indians)

The Yukon Native Brotherhood (YNB) was formed in 1970 to represent Status Indians. It was followed by the formation of the Yukon Association for Non-Status Indians (YANSI) in 1972. The Council for Yukon Indians (CYI) was formed in 1973 to represent all 14 Yukon bands for the purpose of negotiating this claim. The Non-Status Indians joined CYI in 1975.

The CYI formally presented the federal government with their 1973 document entitled "Together Today For Our Children Tomorrow" -- a statement of their Aboriginal rights. This document of Native principles and philosophies provided a basis for a political settlement through the negotiation of a comprehensive land claim in the Yukon Territory.

Through the claim, CYI sought to retain certain lands that would be controlled at the band level, to participate in the management of both renewable and non-renewable resources and to provide for Native economic development through training programs and cash compensation. The Yukon Aboriginal peoples wanted to protect their traditional values and lifestyle, and at the same time also protect future political and economic growth.

The CYI land claim proposal was accepted for negotiation in 1973. Several attempts were made to establish an overall framework for settlement, with little success until 1980. Intensive negotiations with CYI achieved a detailed Agreement-In-Principle (AIP) in 1984.

Although the Agreement-In-Principle was ratified by the federal government, the Yukon First Nations were unable to reach a consensus on the terms of the 1984 agreement. The Minister of Indian Affairs and Northern Development suspended negotiations in December 1984 in order to permit all parties time to assess the situation.

In 1985, a Memorandum of Understanding was requested by the CYI and the Yukon Territorial Government. It was submitted to the Minister of Indian Affairs and Northern Development. Although the Minister did not sign this document, he did approve the memorandum as the basis for the resumption of negotiations on issues within existing policy. Negotiations officially resumed in January 1986.

In 1986, the federal government announced its Comprehensive Land Claims Policy to reinforce its continuing commitment to negotiated settlements of comprehensive land claims in Canada.

The comprehensive claims policy was followed in May 1987 by a new mandate for negotiation of the CYI claim. It permitted a new approach to the negotiation of the claim, providing for the negotiation of an Agreement-In-Principle on territory-wide issues. This AIP formed a basis for "umbrella" settlement legislation to which individual bands would adhere after negotiating band-specific issues.

On May 29, 1993, the federal government, the Yukon Territorial Government, and the CYI signed an Umbrella Final Agreement (UFA) and final agreements with four Yukon First Nations (YFNs): the Vuntut Gwitchin First Nation; the First Nation of the Nacho Nyak Dun; the Champagne and Aishihik First Nations; and the Teslin Tlingit Council. The UFA establishes the basis for the negotiation of individual settlements with each of the fourteen YFNs. It also provides for the negotiation of self-government agreements with Yukon First Nations. Self-government agreements were also signed with the four First Nations on May 29, 1993.

The final agreements provide the four YFNs (approximately 2,465 beneficiaries) with settlement lands of 17,235 square kilometres (3.6 percent of the land mass of the Yukon), of which 12,613 square kilometres include mines and minerals. This is their share of the total settlement lands for all YFNs, which will amount to 41,000 square kilometres, of which 25,900 square kilometres includes mines and minerals. The four YFNs will receive financial benefits of $79,895,515 (1990 dollars) as their share of the total $242,673,000 (1989 dollars) for all YFNs. In addition, the YFNs will benefit from rights in the management of national parks and wildlife areas, specific rights for fish and wildlife harvesting, and special economic and employment opportunities.

The settlement and self-government legislation was introduced in Parliament on May 31, 1994 and received Royal Assent on July 7, 1994. The Surface Rights Legislation received Royal Assent on December 15, 1994. All three acts came into force concurrently on February 14, 1995.

In August 1995, the CYI adopted a new name - the Council of Yukon First Nations (CYFN).

This is one of a series of information sheets produced by the Communications Branch, Department of Indian Affairs and Northern Development. For information sheets on other topics, contact:

Public Enquiries Kiosk
Department of Indian Affairs
and Northern Development
Ottawa, Ontario

Telephone: (819) 997-0380

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