Sustainability and Indigenous Interests in Regional Land Use Planning: Case Study of the Peel Watershed Process in Yukon, Canada

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Sustainability and Indigenous Interests in Regional Land Use Planning: Case Study of the Peel Watershed Process in Yukon, Canada Sustainability and Indigenous Interests in Regional Land Use Planning: Case Study of the Peel Watershed Process in Yukon, Canada by Emily Caddell A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Master of Environment Studies in Environment and Resource Studies Waterloo, Ontario, Canada, 2018 ©Emily Caddell 2018 Author’s Declaration I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract Canada’s northern territories, including the Yukon, are facing significant social, economic, political and ecological change. Devolution processes and comprehensive land claim agreements with self- governing First Nations have given rise to new land and resource decision making processes, including Regional Land Use Planning (RLUP). Project level Environmental Assessments (EAs) have been a main tool for governments to meet some of their fiduciary responsibilities to Indigenous peoples under Section 35 of Canada’s Constitution and to mitigate potentially adverse environmental impacts of non- renewable resource development projects. However, project level EAs are ill-equipped to address cumulative effects, regional conservation needs, broad alternatives and overall sustainability considerations central to Indigenous interests. RLUPs, if designed and authorized to guide project planning and assessment, are a more promising tool for addressing these interests, but how well they can serve both sustainability and Indigenous interests is not yet suitably demonstrated. RLUP processes established under comprehensive land claim agreements with First Nations in the Yukon enable cooperative decision-making about the future of the territory, including the pace and scale of non-renewable resource development and regions set aside for conservation. A qualitative case study of the Peel Watershed planning process was undertaken for the purposes of this thesis. The case embodies the tensions and challenges associated with RLUP in the Yukon to date; two competing plans were developed for the region and the case culminated in a decision by the Supreme Court of Canada in December 2017. In this thesis, an analytical framework is developed and subsequently applied to the Peel Watershed Planning Commission and the Yukon Government plan for the Peel Watershed in order to evaluate their potential effectiveness in meeting sustainability and First Nations interests. The framework was built through attention to case and context specified criteria, responding to broad generic sustainability requirements (as established by Gibson et al. 2005), an initial set of challenges and opportunities identified through a literature review of sustainability and Indigenous interests in northern resource development, and more specific regional challenges and opportunities for attention from the case context as well as over 30 semi-structured interviews with key stakeholders involved in RLUP for the Peel Watershed. Evaluation of the plans according to criteria contained in the analytical framework indicate that the land use plan prepared by the Peel Watershed Planning Commission fully met a majority of the criteria iii (77%) while the plan prepared by the Yukon Government fully met only 3%. The Peel Watershed case points to tensions between two competing visions for the territory, embodying “conservation versus development” conflicts. Key stakeholder interviews confirmed these tensions while pointing to broader issues of power, authority and interpretation of comprehensive land claim agreements between the Yukon Government and First Nations. The Yukon Party Government decision to substantially modify the plan developed by an independent planning body demonstrated a narrow interpretation of its responsibilities and went against the spirit and intent of the Umbrella Final Agreement and the associated RLUP process. Procedural areas for improvement were revealed, applying to both future planning for the Peel Watershed and other Yukon planning regions. These include needs for reconsideration of the Yukon’s current open staking policies and regulations, early consultation and engagement applying cross-cultural communication methodologies, more appropriate planning timelines and budgets, clarification of the role of Regional Planning Commissions, transparent planning process participation in good faith to avoid the conflicts and tensions associated with the Peel process and finally, the need for a territorial protected area strategy to guide future RLUP processes. Major contributions of this research include the case-specified analytical framework, which offers a novel approach for holistically addressing both sustainability and First Nations interests in resource development processes. The case study of the RLUP process for the Peel Watershed and subsequent evaluation of the associated regional plans also represent substantive contributions. Application of the framework facilitated the identification of several practical policy implications and recommendations for the Yukon generally, for future RLUP initiatives for the Peel Watershed as well as additional planning processes in the Yukon established under the Umbrella Final Agreement. iv Acknowledgements The process of preparing, conducting and subsequently writing this thesis would not have been possible without countless people who have supported me over the last three years. I would first like to thank my supervisor, Bob Gibson, for his guidance, insights, encouragement and for bringing Oz to our meetings as a “graduate student support puppy”. To Dan McCarthy, thank you for your advice, encouragement and comments as my committee member. To my external reader, Scott Slocombe, thank you for your comments and for the interesting discussion during the defence of this thesis. This work would also not have been possible without the many people who agreed to participate in this research project. Thank you for agreeing to speak with me, for your time and offering your thoughts on Regional Land Use Planning for the Peel Watershed. I was surprised and delighted by the support and enthusiasm I received for this research project. Thank you to the Yukon Land Use Planning Council who offered me office space and made me feel very welcome in Whitehorse. Additionally, I would like to thank Kiri Staples for her guidance and friendship both in the Yukon and in Waterloo. Kiri, thank you for being my Yukon tour guide, for picking me up from the airport and for being the best “couples retreat” partner I could ask for. To the many people I met during my short stay in the Yukon, thank you for making me feel at home and for welcoming me with open arms. I will never forget my time spent on mountains, in hot springs and at beer festivals with you. My time in Waterloo would never have happened without Dominique Souris. Dom, thank you for encouraging me to apply to graduate school, for talking me into applying to the University of Waterloo, for being a wonderful roommate and for never being too busy or bored to listen to me rant on about my research. We really lived our 12-year old dream! To Irene, our time in Waterloo meant the world to me. Thank you for being my partner in crime, for your never-ending support (and words/notes of affirmation) and for the frequent late-night ice cream runs. To Dani, thank you for the hugs and for being the best craft-beer drinking partner. To my colleagues in SERS, thank you for welcoming me into this community and making me feel at home. To Sam, thank you for challenging me, for being my accountability buddy in the writing of this thesis and for joining me for bi-weekly writing cafes. To the BGs, our group texts always brought a smile to my face. There are so many other people who have supported me in this process. I hope you know who you are and how much your friendship and encouragement have meant to me. To my family – thank you from the bottom of my heart. To my mom, who was never too busy to answer my phone calls as I walked anywhere, you were my rock, my biggest cheerleader and the best copy editor I could have asked for. To my father, thank you for your support and advice on writing, being a graduate student and life in general. Jack, you’re the best. To Ulysses, you’re the cutest and best doggo in the whole wide world. Finally, I would like to acknowledge the financial support I have received through the Ontario Graduate Scholarship, the University of Waterloo and the Northern Scientific Training Program. v Dedication I dedicate this thesis to my Bubbie, Shirley Rae Feldman. I would also like to dedicate this work to those who are working tirelessly to make the world a more equitable and sustainable place. You inspire me. Thank you. vi Table of Contents Author’s Declaration ............................................................................................................ ii Abstract ............................................................................................................................... iii Acknowledgements .............................................................................................................. v Dedication ........................................................................................................................... vi Table of Contents ..............................................................................................................
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