Blue Gold Rush: Reflections from CLA-YRITWC Intern Jonathan in Whitehorse
Jonathan is one of two CLA-ACE interns placed with the Yukon River Inter-Tribal Watershed Council in Whitehorse, Yukon. He will be entering his second year at the Université de Montréal Faculty of Law in September.
Jonathan is one of two CLA-ACE interns placed with the Yukon River Inter-Tribal Watershed Council in Whitehorse, Yukon. He will be entering his second year at the Université de Montréal Faculty of Law in September.
CLA-ACE intern Jonathan out and about around Whitehorse (Photo courtesy of Jonathan Metcalfe)
Even in the land of the midnight sun the days pass too quickly. The seemingly eternal light creates a sense of infinite energy around the territory that inspires a keen sense of adventure amongst visitors and residents alike. With almost four months to explore The Wilderness City I assumed I would have plenty of time to paddle its powerful rivers and scramble up its snowcapped peaks. Such is the naivety of first year law students and Yukon rookies.
"The Horse" (Photo courtesy of Jonathan Metcalfe)
With such long winters everyone in the Yukon must take advantage of the short, but brilliant, summer. This applies equally to the avid outdoorsmen racing downstream, the Aboriginal communities hunting, fishing and cultivating tirelessly to replenish their winter stores or CLA interns foraging into the legal landscape for the first time. For the Yukon River Inter-Tribal Watershed Council (YRITWC) it means implementing their extensive backhaul program to promote responsible waste management amongst signatory communities and making the most of the ice break-up to collect and analyze water samples.
The water quality testing performed by the YRITWC through their Indigenous Observation Network and in conjunction with the United States Geological Survey is the only one of its kind in the region. Though the Yukon River Watershed is an essential source of food, transportation, energy and recreation for both Aboriginals and non-Aboriginals in British Columbia, the Yukon Territory and Alaska, no baseline water standards have been formally recognized. The internships offered through the CLA to myself and my colleagues in Whitehorse and Anchorage were created to aid in the achievement of this very important objective and to help protect indigenous water rights in the Yukon and Alaska.
This summer has been an incredible learning experience. Not only regarding the advancement of our legal studies or the discovery of one of Canada's most gorgeous regions, but also because our responsibilities are refreshingly inter-disciplinary. Never did I imagine that I would be pipetting sulfuric acid while pursuing a legal degree. Alas, field research conducted with the science department goes hand-in-hand with the projects being developed by the YRITWC's legal department. More than a decade of hydro assessments has culminated in the creation of the YRITWC's Yukon Watershed Management Plan. Under the supervision of attorneys John Shurts and Mara Kimmel, the results of these water samples have been used to develop stringent water quality standards that reflect the close bond that YRITWC communities share with the basin. Due to the inherent nutritional, cultural and economic importance of the waterways to First Nations, these standards are some of the strictest amongst all American and Canadian states, provinces and territories.
Photo courtesy of Jonathan Metcalfe
Analyzing water quality and drafting the management plan is just the start of the YRITWC's efforts. With this unique data at its disposal the YRITWC has been working to empower participating tribes and have their water rights recognized. Not an easy task when dealing with many jurisdictions made up of dozens of First Nation signatories, provincial and state legislators and two federal governments. Throughout the summer the legal department has worked on researching strategies and avenues that members of the YRITWC may pursue in order to implement a co-governance management program between First Nations and the various levels of government.
Photo courtesy of Jonathan Metcalfe
The YRITWC strives not only to assess water quality, but also to ensure that indigenous populations can play an active role in the decisions pertaining to their traditional territories and how the baseline studies can be applied towards this goal. This objective incorporates a wide variety of projects ranging from investigating the breadth of the Crown's Duty to Consult, the applicability of various treaties to the management of the Yukon Watershed, drafting Indigenous Research Proposals, compiling guidelines for negotiating Impact and Benefit Agreements, and how to incorporate traditional knowledge into Environmental Impact Assessments. Needless to say, for all of us it has been an eye opening and incredibly informative foray in international, environmental and Aboriginal law that has offered invaluable practical training that we may not have received back at our respective faculties.
Most amazingly is that amongst all this hard work, the pinnacle of the summer has yet to arrive. Amongst all these projects the YRITWC will be hosting it's biennial watershed summit in Mayo, Yukon, from August 2-4. This conference will be the culmination of years of research and hard work as the First Nation members will be voting on the adoption of the Watershed Management Plan and discussing specific ordinance plans related to enforcing water standards. Industry and NGO leaders will also be present to discuss Aboriginal input in environmental development and responsible land management. Traditional activities and technical training workshops will also be on display and will assuredly be an inspiring combination of modern and traditional Aboriginal knowledge and culture.
Photo courtesy of Jonathan Metcalfe
Without a doubt CLA offered us a once in a lifetime opportunity. Not only were we able to experiment in new domains as we pursue our degrees, but there is simply no dearth of excitement around Whitehorse and the Yukon. Whether trekking ridges to explore stunning glaciers, paddling arctic rivers, fraternizing amongst the most hospitable and good natured people I have ever met either in town, on the trail or at any of the amazing regional festivals, a Yukon summer is an event that all Canadians should experience. Even better, after speaking to the always hospitable locals, I am convinced that the winters are more tolerable than southern Canadians expect. All the more reason to be glad that the Yukon has signed a Territorial Mobility Agreement welcoming Canadian attorneys to move north and thus setting the stage for a modern day gold rush. Yukon HO!