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First Nation of Nacho Nyäk Dun 2010 Annual General Assembly, June 25 and 26, 2010, Mayo, Yukon - Summary Minutes “Just Minutes”

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First Nation of Nacho Nyäk Dun

‘Big River People’

2010 Annual General Assembly Government House

Mayo, Yukon

June 25 and 26, 2010 Summary Minutes

CONTENTS: Page Number

Attendance ......................................................................................................................................................... 1&2

Agenda Items:

1. Day 1 - Welcome, Rules of Order and Agenda Review ............................................................................... 2

2. Opening Comments ...................................................................................................................................... 4

3. Nacho Nyäk Dun Investment Trust Update .................................................................................................. 5

4. Implementation Update ................................................................................................................................ 6

5. Annual Audit Report .................................................................................................................................... 8

6. School Council Update ................................................................................................................................. 10

7. Closing Discussions/Citizen Issues .............................................................................................................. 11

8. Day 2 – Lands and Resources Act and Resolutions #1 and #2 ..................................................................... 12

9. Mining Company Access Road .................................................................................................................... 17

10.Capacity Development Initiative .................................................................................................................. 19

11.Resolution #3 – Elections and Terms ........................................................................................................... 21

12.Community Discussions/Citizen Issues ........................................................................................................ 13

Motions:

1. To accept the Rules of Order ....................................................................................................................... 2

2. To accept the agenda as presented ................................................................................................................ 4

3. To review past minutes ................................................................................................................................. 4

Attendance: (There were people in attendance that may not be listed here.)

Chief Simon Mervyn Sr., Chief of the First Nation of Nacho Nyäk Dun

Deputy Chief Beverly Blanchard

Mary McMahon, Councillor

Norma Germaine, Councillor

Barb Buyck, Councillor

Bryan Moses, Councillor

Mabel Kottnitz, Elder Councillor

Neil Sterritt, Chair

Anne Leckie, Executive Director

Ellenise Profeit, Executive Assistant

Daryn Leas, Legal Counsel

Judy Chen, Finance Department

Geri Lee Buyck

Bella Peter

Brenda Jackson

Beverly Genier

Carol Van Bibber

Cor Coe

Erin O‟Brien

Cathy Germaine

Curtis Lafreniere

Christine Hager


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Don Buyck

Don Woods

Irene Johnny

Deanna Thick

Shirley Telep

Steven Buyck

Robyn Galespie

Donna Hogan

Dorothy Profeit

Ed Champion

Elaine Moses

Florence Pilon

Frank Patterson

Gerald Isaac

Garry Umbrich

Hazel Johnny

Helen Buyck

Hilda Tuck

Marlene Drapue

Jeff Frketich

Jenny Germaine

Jessie Germaine

Joanne Buyck

Jimmy Johnny

Jimmy Lucas

Joe Tetlichi

Joella Hogan

Johnson Peter

June Ball

Larry Profeit

Lena Melcome

Mary Battaja

Mickey McKay

Mikolay Peter

Nancy Hager

Neil Hager

Nicole Hutton

Paula Germaine

Persis Hager

Phyllis Peter

Robert Hager

Roberta Hager

Ronald Peter

Rose Lemieux

Sharon A. Peter

Stewart Moses

Sophie Lucas

Teresa Samson

Tom Hummel

Tim Gerberding

Vernon Ball

Kits/handouts with the agenda and other documents relevant to the meeting had been

sent to all Citizens/delegates. Additional kits were available. The Chair was diligent to

ensure a full quorum was in attendance during all decision-making, votes, motions, or

resolutions.

Day 1 – Friday, June 25, 2010.

Meeting came to order at 10:05 am. Opening prayer said Elder Councillor Mabel

Kottnitz.

1. Welcome, Rules of Order and Agenda Review NEIL STERRITT as Chair welcomed everyone to the general assembly. He introduced

several guests around the room and then read out loud the Rules of Order. The following

motion came forward,

Motion 1. To accept the Rules of Order as presented.

Moved by: Frank Patterson

Seconded by: Rose Lemieux

Passed by: consensus

FLORENCE PILON asked how do we address personnel issues when we can‟t discuss

them in this general assembly.


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NEIL STERRIT said through a supervisor, director, or as an employee. Personnel as

well as personal issues can‟t be addressed on the floor. It‟s an administrative matter.

Citizen issues should be dealt with through policy and procedure and through the proper

channels. You deal with your Chief and Council at election time.

MARY BATTAJA said in past we had citizen concerns on the agenda and now we don‟t.

Government and land claims was settled on behalf of our Indian people in the Yukon.

Some of our First Nations people are still living the traditional ways and want input to

decisions made by our Chief and Council. People want to be heard.

NEIL STERRIT reviewed the agenda.

FRANK PATTERSON said citizen concerns needed to be included on the agenda.

NEIL STERRITT said he wanted to deal with the agenda as handed out.

HAZEL JOHNNY said this is our meeting for us to discuss our issues with our political

body. Our concerns should be allowed and heard.

DEPUTY CHIEF BEV BLANCHARD said we have included closing discussions on the

agenda. That‟s where we bring issues to the table and discuss them. We all have

concerns, the government, the Citizens, everybody.

NEIL STERRITT said closing discussions are already included on the agenda.

FLORENCE PILON asked for several additions to the agenda. Government review

should be included as in camera discussions she said.

DON BUYCK asked for updates on past resolutions. This is an annual assembly, not a

general assembly. We have in house business to discuss, and want it held in camera.

NEIL STERRITT said adopting the agenda as it is, allowing for business to be done is

most important for this annual general assembly. The Chair wants to help you do your

business constructively.

GENERAL DISCUSSION continued as to what should be included on the agenda. Don

Buyck moved and Ed Champion seconded a motion to adopt the agenda with

amendments, but that motion was never resolved.

CHIEF SIMON MERVYN SR. said the Annual General Assembly is structured to deal

with Nacho Nyäk Dun Government business. Garry Umbrich‟s plan will provide clarity.

We want this general assembly to guide Council and build our government. Our First

Nation has the opportunity to step forward in the world of economics. There are no

secrets, and unless we work together we can‟t progress together.


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NEIL STERRITT said without an agenda it‟s difficult to run a meeting.

FLORENCE PILON said last year a lot of our business was put on hold. We want our

issues included on the agenda.

DON BUYCK said our issues should be included on the agenda. If Florence‟s point are

included on the agenda, then we can move along.

NEIL STERRITT said we have included opportunity for Citizens to come forward. We

need to adopt the agenda, without it we can‟t move.

MARY BATTAJA said we can still add what Florence wants under new business. I ask

Citizens to support this government so we can adopt the agenda so we can get on with

business today.

NEIL STERRITT read out loud the following motion,

Motion 2. To accept the First Nation of Nacho Nyäk Dun 2010 Annual General

Assembly agenda as presented.

Moved by: Ed Champion

Seconded by: Debbie Buyck

Passed by: consensus

2. Opening Comments CHIEF SIMON MERVYN SR. welcomed everyone to the Annual General Assembly.

MABEL KOTTNITZ suggested Citizens talk with Garry Umbrich, saying we need all

our Citizens to participate in our government.

DON BUYCK said some Citizens wanted to discuss last year‟s minutes. The following

motion came forward,

Motion 3. To review and discuss the minutes of the First Nation of Nacho Nyäk Dun

2009 Annual General Assembly.

Moved by: Florence Pilon

Seconded by: Don Buyck

Did not pass. Vote. 5 in favour. 10 opposed.

MARY MCMAHON spoke about the need for unity among all Citizens.

DEPUTY CHIEF BEV BLANCHARD welcomed everyone to the meeting. We are here

for our children, to carry on our legacy. We can work together and solve our problems.

BARB BUYCK said she hoped for meaningful discussions and to get business done. We

hope for direction from the people during the community concerns. I am available to you

at any time.


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BRYAN MOSES said he hoped for a progressive day.

3. Nacho Nyäk Dun Investment Trust Update JEFF FRKETICH and DON WOODS joined the table.

DON WOODS said the Nacho Nyäk Dun Investment Trust had come into being April

2008. Current market value is approximately 23 million dollars. There is a positive

cushion of approximately 800 thousand dollars. He said the governance around the

Nacho Nyäk Dun Investment Trust is documented and in place and I can confirm clean

audits for 2008 and 2009 and we will continue on with our next meeting date in

September.

HAZEL JOHNNY asked for clarification.

DON WOODS said we can only review a request for withdrawal from the Trust through

a resolution from Chief and Council.

ED CHAMPION asked for clarification.

DON WOODS said given the withdrawals from the Trust, there is still a positive cushion.

HAZEL JOHNNY asked if the compensation dollars were unlocked.

DON WOODS said they are locked away even more.

DON BUYCK said none of us are experts on this. I have yet to see a letter from anyone

asking me about this.

DON WOODS said everything changed April 30, 2008 that‟s when the compensation

dollars transferred over to the Nacho Nyäk Dun Investment Trust.

JEFF FRKETICH said we‟ve been working with the Trust and compensation dollars

since 2002. At Ridgewood Capital Asset Management there‟s a Nacho Nyäk Dun

Investment Policy statement to tell us what we can and can‟t do. We can buy bonds or

stocks. Money must be balanced and diversified. Every quarter I send a report to the

Trustees to say how the money is doing. He referred everyone to a handout which

provided additional information and reviewed it. I expect another credit crunch and the

economy to slow down, we have very few stocks and a lot of bonds he said.

ED CHAMPION asked about the Investment Trust Policy Statement, who‟s the author.

JEFF FRKETICH said it‟s approved by the Trustees, a standard document that tells what

we can own and the level of risk, for example, we can‟t buy junk bonds. It was updated

and approved by Trustees in 2009. We gain a flat fee based on money in the account,


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we‟re not brokers. The fee the First Nation pays is four cents on every hundred dollars, a

very good rate because it‟s a good sized account.

MARY BATTAJA said she would‟ve appreciated receiving information on the Trust

prior to the general assembly so she could have reviewed it.

JEFF FRKETICH said 3.2 million dollars have come out since 2007. In September we

will meet with Trustees and conduct an open house with Citizens, to discuss Trust law

and how investments work. It will be an information session where we can answer your

questions.

DON BUYCK asked for further clarification.

DON WOODS clarified the process for transfers of funds.

DEPUTY CHIEF BEV BLANCHARD said a section in the audit report identifies the

process and funds.

NEIL STERRITT said the laws on administration of a Trust are very clear, there are very

high standards.

CHIEF SIMON MERVYN SR. asked about investing in YIDC.

JEFF FRKETICH said if in the future Trustees want to buy some YIDC we can do that.

We manage the money to the best of our ability. If you want us to buy into YIDC we

can. We will manage the way you want us to manage. I can get input from Trustees.

Any questions will be answered he said.

NEIL STERRITT suggested Citizens talk with Jeff and Don during the lunch break for

further clarification.

Lunch break. Elder Mary Battaja blessed the food.

4. Implementation Update TIM GERBERDING as the Implementation Negotiator for Nacho Nyäk Dun joined the

table. He referred everyone to the documents in the kits and spoke about the Financial

Transfer Agreement. The present agreement had been extended four times. We reached

the conclusion that you are substantially underfunded and we have been working towards

a new financial agreement. The federal mandate did provide substantial new money for

general government activities, but many programs were not a part of these negotiations.

We looked solely at new money for general governance, and thought we had a deal.

Your negotiators thought we had a deal. Under that deal there would have been new

dollars for seven First Nations. We understood that it would go to the Treasury Board

and be effective April 1st. We were quite pleased in the commitment from Canada to

enter into further discussions for new fiscal monetary negotiations in other areas, over

time, to build capacity of the Nacho Nyäk Dun Government. The department of finance


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would not approve the deal. They wanted new cost sharing agreements. Since 2000 a

number of new claims have come into effect and those agreements have cast a broader

net when it comes to own source revenue. The deal we thought we had negotiated was

de-railed and we had no choice but to expand the existing agreement for another year,

under existing terms until March 31, 2011. It was a huge concern to all First Nations, and

we have met numerous times. Seven Chiefs, including Chief Mervyn Sr., sent a letter to

Minister Strahl saying we want to do things in the context of our whole gross expenditure

base. Right now the Chiefs are waiting for response to their April 26th

letter. Chiefs

want to implement general governance and meanwhile continue negotiations on the rest

of the package including cost sharing. Federal Government Minister of Finance, Jim

Flaherty has been brought into the discussions and we hope to meet to solve the problem.

That‟s been our priority file and Chief and Council have been closely involved. Two

other areas are program and service transfer agreements and tax agreements. In the past

year the Nacho Nyäk Dun entered into two new PSTA agreements. We continue in a

positive way and northern First Nations have made several recommendations with a

united front. Collaborative efforts among all affected Yukon First Nations as well on the

economic development front. At a recent summit, a partnership agreement was signed to

collaborate and work together on economic development. He asked for questions and

comments.

FLORENCE PILON asked for information on social programs.

TIM GERBERDING said the first two PSTA agreements were entered, one in 1993, and

one in 1998. Those agreements transferred responsibility for INAC programs and the

second one was for integrated health programs. The terms and conditions attached were

to the social assistance program, to provide social assistance to all eligible clients (only

status Citizens) at Yukon Government rates.

FLORENCE PILON said the recent policy adopted is inconsistent with what we said and

with the Yukon Government criteria.

TIM GERBERDING said he was not aware of that issue. He continued with a timeline

of events which had taken place during negotiations. We thought we had a deal and then

it unravelled. We are still waiting to hear from Minister Strahl.

FRANK PATTERSON asked what programs are available regarding wellness and

alcohol and drug treatments.

TIM GERBERDING said home and community care, wellness and HIV/AIDS. As

priorities, your Council has identified alcohol and drug services. This is proving to be a

challenging negotiation because many of those programs are now offered by the

Government of Yukon. Canada doesn‟t have the money to support the transfer of those

programs and the Government of Yukon has a policy in that they don‟t pay for self

government. Government of Canada is supposed to provide you with services. Many

Yukon services are in Whitehorse and it takes money to change that. I think things are


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slowly going in the right direction. Your Chief and Council have identified alcohol and

drug services as a priority, and we will not give up until we succeed.

FRANK PATTERSON said governments should pay for this. We need land based

treatment camps.

ROBERTA HAGER said right now our money is for status only. Where does Nacho

Nyäk Dun get the money for non status.

TIM GERBERDING said some of the formulas recognize that, and it was also

recognized during reviews. The problem is now recognized. We are trying to address

that through all our negotiations. Another priority has to do with service class. We

haven‟t found the solution, but at least now the problem is openly acknowledged.

ROBERTA HAGER asked what are we spending on status versus non status. We need to

track that.

TIM GERBERDING said good financial tracking is crucial in going forward in our

negotiations. Most First Nation constitutions require you to provide the same level of

services to all your Citizens. By tracking your Citizens and program standing, it would

identify what you‟re spending. We have to have impeccable financial information.

Regarding the McIvor situation, there are many new status people who will now be your

responsibility. It‟s not clear how Canada will address the financial implications of that.

ROBERTA HAGER asked about delivery outside Canada.

TIM GERBERDING said generally speaking, this is for your Citizens in the Yukon.

5. Annual Audit Report MICKEY MCKAY joined the table. He referred everyone to the one page document

which outlined transfers from the Trust and reviewed it. He spoke about the changes

Canada had made to the reporting process, saying the new balance sheet would take a

little getting used too. He referred everyone to the financial documents titled First Nation

of Nacho Nyäk Dun, Non-Consolidated Financial Statements, March 31, 2010, and

reviewed them out loud.

ROBERTA HAGER asked what is bad debts.

MICKEY MCKAY said there were many old items dating back to the early 1990‟s and

collection of them was doubtful. The items are listed under accounts receivable, but we

put in a lump sum entry to make a point that collection was doubtful.

ROBERTA HAGER said there‟s a procedure for bad debts and the assembly approves

writing off those bad debts.


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MICKEY MCKAY said he didn‟t have the information right at hand, but would look into

it and clarify.

JUDY CHEN clarified saying we made that allowance for the bad debt. All details are

available for Council to make an informative decision.

ROBERTA HAGER said when doing an audit you use some guidelines, so when you

work for us, do you follow the procedures in our Financial Act.

MICKEY MCKAY said we can‟t ignore the public sector accounting guidelines. We

look at internal controls, if we see things that are of interest we prepare a letter for Chief

and Council to review.

DON BUYCK said he needed more time to review the document. Statement two

includes own source revenue, where does that come from.

MICKEY MCKAY said those are funds based on two agreements you signed with the

other governments. He clarified saying there are statements for each entity and we roll it

all together.

DON BUYCK said someone is making decisions on how money is used and Citizens

can‟t see where that is happening. We as Citizens need to know where the money is

going. I recommend someone put things together to show us where money is directed. I

want to know and see those financial statements and leave it to you to work on that.

FLORENCE PILON said I thought the bad debt issue was resolved.

DEPUTY CHIEF BEV BLANCHARD said we need to get the books balanced with the

general ledger. We need to look at bad debts and consider recovery methods. We need

to make a decision on whether to go to small claims court to make collections. Some are

quite old, prior to 2005.

FLORENCE PILON said I think you must consider legal ramifications.

DEPUTY CHIEF BEV BLANCHARD said we received money to help with water and

sewer expenses.

ED CHAMPION asked for clarification saying he saw more cash available in 2010 then

in 2009. I see debt paid off and would you say 2010 is an improvement over 2009.

MICKEY MCKAY said the net debt numbers have come down. It is an improvement.

FLORENCE PILON said basically for this year and last year we had a surplus.

MICKEY MCKAY said yes you have a surplus but you need to be careful in how you

view the surplus, it‟s not only a cash surplus.


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FLORENCE PILON said so what‟s the surplus from programs and services minus the

capital assets.

MICKEY MCKAY referred everyone to the breakdown information in the documents

which had been handed out.

DON BUYCK asked about the restricted cash base fund. How much money do we have

for training Citizens of our First Nation. I have not been able to get any funding.

MICKEY MCKAY said there was money available for training. In 2001 Nacho Nyäk

Dun signed an agreement with the Yukon Government and a mining company and this

fund has been in the place for a number of years. Last year the money was moved to here

and there‟s still discussion on where it should go. We have copies of the original

agreements. Money is sitting in a pot and has not been touched.

Break.

6. School Council Update ROBERTA HAGER joined the table. She provided a brief update and invited Citizens to

submit their names as school council representatives. One goal had been to incorporate

more culture into the school, that was a mandate we feel is important. Many are upset

with the school formula regarding how teachers are allocated. Substance abuse was

another issue. This year we have four grads from grade 12. The school council seems to

be working well she said.

CHIEF SIMON MERVYN SR. said we need to put some uncertainties to rest. What‟s

happening to our language program.

ROBERTA HAGER said we have one fulltime teacher, and another half time position in

the school that was not filled this year. The Yukon Government has a half time position,

but right now it‟s vacant. I continue to remind them we still need to fill that position for

native language.

CHIEF SIMON MERVYN SR. asked what Chief and Council could do.

ROBERTA HAGER said right now the problem is that we don‟t have a fluent speaker

that‟s teaching the language. Elders are affected by taxes. We‟ve been funding an Elder

through my department. We need to put money toward gaining fluent speakers. We will

find out more from the Native Language Centre. The manual needs to be updated.

CHIEF SIMON MERVYN SR. asked if Roberta Hager had a plan that Chief and Council

could support. He asked that a plan be established so as to gain more funding and to keep

things going.


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ROBERTA HAGER said the school growth plan had included some of the issues and we

asked Chief and Council for input. We have to encourage young people to take language

training through the heritage department. We pay a one hundred fifty dollar honorarium.

HELEN BUYCK said many Elders feel it‟s not worthwhile to assist. Maybe pay a little

more money.

ROBERTA HAGER said the honorarium is paid through a purchase order so no taxes are

deducted.

MARY BATTAJA said she didn‟t support learning the traditional language in the school.

It should be taught in the community, in the homes.

FRANK PATTERSON said his interest was music and he wanted to see it promoted.

Music is now out of the school and I want to see it brought back. Our new Principal

seems interested, so bring it up at your school council meeting. Elders should have a

budget to assist when they teach the traditional language.

7. Closing Discussions/Citizen Issues FRANK PATTERSON asked about the Youth Councillor position. We need to fill it.

We need to help our youth get started and we need a Youth Councillor as soon as

possible.

JESSIE GERMAINE said her concern is we still don‟t have an alcohol and drug worker.

We need to get our people healthy. We have jobs available to us, but most of our people

will not pass drug tests.

CHRISTINE HAGER said she was concerned about housing. There are so many housing

problems and I‟m concerned about my 87 year old mother. She‟s been asking for

renovations since 2007 and has had no response. I think everyone should be treated

fairly.

DON BUYCK said his concerns included Elders living in houses with mould. Two years

ago we received 2.3 million dollars through the Northern Strategy to be used for houses

that had mould problems. I‟ve not ever heard where that money went, and I‟d like

clarification on that tomorrow. Our Elders concerns need to be addressed right away.

CATHY GERMAINE said she wanted to see a treatment centre at Ethel Lake. Our

people need healing, and all of us could make use of that kind of facility. We need a

centre where there‟s water and facilities. It‟s on the land and people could get their

traditional teachings and their language.

ROBERT HAGER said he felt the self government agreement was not being followed

and Citizens had been left out in the cold. There‟s no planning by Council. It seems we

don‟t have our First Nations Citizens working for us. People don‟t want a mining access

road across our settlement land, but Council keeps pushing for it. As a First Nation we


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don‟t have plans to help our people. I feel sad for our people. He asked about justice and

what Nacho Nyäk Dun was doing to help the Silverfox family in Carmacks.

MARY BATTAJA said it seemed that alcohol and drugs continued to be a major topic in

the Yukon. As a people we need to help one another. The Elder expressed opinions on a

variety of issues saying we have so much potential if we all work together.

ROBERTA HAGER said she was concerned about justice, there was supposed to be a

workplan but now there‟s nothing happening. There‟s no information available or help

for parents. There has to be an alternative to sending youth to jail, use them to help our

First Nation and sentence them with our traditional laws. We need to know who to see

on justice issues. Utilize circle sentencing. Another concern is the Corporation, who are

the shareholders and where is the financial report. We have problems with the store and

the costs to our Citizens. Our people suffer with the high cost of food in our community.

Social assistance clients suffer. Are we making money at the Bigway store, there‟s no

report from the Corporation.

Elder Helen Buyck blessed the supper. Meeting adjourned at 5:20 pm.

Day 2 – Saturday, June 26, 2010.

Meeting came to order at 9:55 am. Opening prayer said by Elder Bella Peter.

NEIL STERRITT reminded everyone that a followup meeting would be held regarding

the Trust, sometime in the fall.

8. Lands and Resources Act and Resolutions #1 and #2 DARYN LEAS provided some history to the issue and said there‟s a process set out in

your Government Act that allows the Assembly to look at it and then pass it at a

subsequent meeting. The Lands Act was provided to Citizens, but we are only interested

in the first eleven pages of that Act, and today we need to make an amendment to allow

Council to make recommendations to that law. There was no written record when in fact

this Lands Act was passed, and that‟s a big issue. We need to be able to prove it was

rightfully passed by Nacho Nyäk Dun. We are asking for a housekeeping matter to bring

legal certainty to a law you passed. This law is straight forward and deals with three

sections, (1) consent of Nacho Nyäk Dun is required if someone wants to use your land,

(2) establishes your land and resources department, its objectives and responsibilities,

provides legal certainty, (3) provisions for registration to ensure certainty of what land is

being used and for what purposes. We seek approval of this by way of resolution, and

then approval again at the upcoming General Meeting in fall or mid winter. There are a

couple of months for review between now and then. If not approved today, this could

affect decisions made with respect to land use. Lands and resources are then in limbo.

NEIL STERRIT read out loud Resolution #1.


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ED CHAMPION said by moving this housekeeping issue forward today, we have the

time to review it and move forward. If we don‟t, we lose a year.

DON BUYCK said Rick Salter has copies of related acts and papers on this issue. We

want to see a land use plan in place for all our lands and to date that work hasn‟t been

done.

MARY BATTAJA said as Elders we continually see documents that we don‟t

understand. Not only Elders, but many Citizens don‟t understand legal documents. You

must use every voice to deal with things like this.

CHIEF SIMON MERVYN SR. said as a member of the Elders Council, I remind you this

is merely a housekeeping issue which needs two readings for approval. During the time

between now and the next meeting you can get the clarity you desire. Uncertainty around

this situation has been pointed out by our lands manager and was identified to Council.

Everything is in place and legal, and no issues are being hidden. Land can‟t be sold, the

environment is not for sale. We need to get this in place and get things moving,

otherwise that department stops.

JOELLA HOGAN said we need these tools in place to do our jobs properly. We struggle

with capacity, and we need the tools to protect our lands. Heritage works very closely

with the lands departments and we want to make sure our Elders and Citizens understand.

We can educate the community on this and how it‟s important.

FLORENCE PILON said she was not for the resolution. Elders were not informed. I

question the Act. It puts fear in my heart because it gives authority away from the

people.

SHARON A. PETER said we lacked an Act at the negotiation table. This is our chance

to have an Act. We say others occupy our land and yet we don‟t have what we need to

regulate our land. We have mining companies without anything to regulate them. We

need our own regulations. If it passes today, there‟s still work to be done, but this is a

stepping stone to move forward.

DON BUYCK said he was concerned about disposition of settlement lands. Three years

ago we wanted you to begin a land use process and to date nothing has happened with

that. You‟re asking us to give first reading to this and we don‟t want too, because we

already have an original Act in place.

DARYN LEAS said when research was done there was nothing in the past minutes or

any resolutions to provide legal certainty that this law was passed. If we believe it was

passed, I don‟t see any harm is passing it again, this is the exact same one except section

26, which adds ability to Council to make regulations. This does not allow for any sale

of any land. This provides rules and guidelines when Nacho Nyäk Dun issues a license


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for a permit for someone to use your settlement land. Without this you have

inconsistency in permits and licenses.

SHARON A. PETER clarified the issue. This will help us regulate others, we still have

to consult with the federal and territorial governments as well.

NEIL STERRITT read from the Nacho Nyäk Dun Constitution as related to the issue.

ED CHAMPION said Kiewit came in as an outsider and we were not ready for the

project. The mines are doing the same thing, they‟re ready to go. If you delay this,

mines will continue to come and you won‟t be involved in the future of your children.

We need certainty, to maximize your returns for the future. Your Council want to help

you. The goal is in the future. I stress to give your Council a chance and work with them

to do a good job. Mines want to do well and see us do well, so I ask you to move forward

on this.

FRANK PATTERSON said through discussions he now understood better. We are

landowners and we want to protect the land, water and air. I understand the importance

of this resolution, and will agree to the resolution. I still have other concerns though, and

want it noted in these minutes that we will follow up with those other issues brought

forward during these discussions.

DON BUYCK said you need to get that original document and show us the difference

between that one and this one.

NEIL STERRITT said he would first seek consensus, which he didn‟t get. He then asked

for a vote. A vote was as follows, 22 in favour, 12 opposed, and 1 abstention. The

resolution failed and did not pass. I can only go by those that raised their hands and

voted he said.

Break.

NEIL STERRITT said he could not legitimately call a re-vote on Resolution #1. He

asked Daryn to introduce the background to Resolution #2, also dealing with land.

DARYN LEAS said a second resolution regarding land transfer/exchange had been

handed out and required approval. He clarified and provided some history on the issue.

DON BUYCK said whenever you deal with resolutions involving our constitution or

land, it should be submitted thirty days prior and sent to Citizens, so we have the

opportunity to review it prior to the meeting. We need proper consultation, the way it

should be done.

NEIL STERRITT read out loud Resolution #2.


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SHARON A. PETER said she moved it because I know it still has second reading and the

subdivision up here ends and we request First Nation settlement land to be extended so

we can continue to build on this subdivision. Before the second reading I want

clarification on the settlement land and extensions and do we give up any rights. I want it

ready for the next assembly to make a final decision.

BEVERLY GENIER said she seconded because it seems we are getting a good deal.

HELEN BUYCK asked why they wanted to exchange land with Nacho Nyäk Dun. It

seemed good to get additional land on which to build.

DARYN LEAS clarified on the issue. This request comes on behalf of Nacho Nyäk Dun,

you want to expand your land up here, because it‟s good land, high above the water, good

sun exposure and you want it for the future.

DON BUYCK said he wanted clarification on procedure and the legal process. Don‟t we

need a thirty day notice period around land. It‟s unfair to drop this on us and ask us to

make changes to our land. I feel that we haven‟t been given the thirty day notice. We

need proper consultation with the Elders, so they understand.

DARYN LEAS said this had been brought to the assembly before. He provided some

clarification on past considerations and said it‟s probably in your best interest to finalize

this soon. This resolution has been brought forward for your approval today and at a

subsequent assembly as well. This resolution does not require thirty day notice and has

been discussed in past.

STEVEN BUYCK said he wanted to confirm that this was a constitutional change, and

required two assemblies to do it. We wanted more, this is only forty hectares. We also

had other land that was supposed to be exchanged. We talked about this but there were

no workshops on these lands by the lands office. We have land reserved for Nacho Nyäk

Dun. I support this, but I hope to go for the whole piece on the right hand side, and some

on the left along with the Yukon Government.

MARY BATTAJA said I support this resolution. She shared her thoughts from the past

and encouraged the youth to move into the future.

FLORENCE PILON said we haven‟t had any consultation with the people, maybe they

had ideas. I‟m not against it, but I am in limbo. In past when this was a discussion we

were told our Aboriginal rights don‟t come with exchanged land.

DON BUYCK said this is a constitutional issue. Our Self Government Act is also

involved. Sections 27.1 and 27.2 of the Government Act need to be followed.

Lunch break. Food was blessed by Elder Jimmy Lucas.


16

DARYN LEAS clarified and explained implications of the land swap. Rights and powers

would be very similar in both instances.

FLORENCE PILON asked about category b land.

DARYN LEAS provided clarification on category b lands. This swap wouldn‟t affect

any of the sub-surface rights.

BEVERLY GENIER asked about fire prevention in the area. It would affect the school

bus route.

STEVEN BUYCK said we wanted to look back right by McIntyre park, we did a fire

smart by our village.

RONALD PETER asked about future development on the property and what would

happen to the remaining land.

SHARON A. PETER said she was unsure why the plan was scaled back.

CHIEF SIMON MERVYN SR. said the issue is we can‟t do development planning

without this exchange in place. This exchange always stopped us. To plan the

subdivision correctly, we have to own this land. We have to look at all the options and

possibilities.

STEVEN BUYCK said Housing had done a plan for this area. We should acquire this

forty acres and make it known we want the remaining 170 hectares so we own all the

land and set aside dollars to eventually build that road. We can do it, we just have to find

the dollars.

MIKOLAY PETER said the Yukon Government has processes in place to transfer land

and that should be followed up. A block land transfer.

NEIL STERRITT said he wanted to seek consensus. He asked if anyone was opposed to

Resolution #2. One hand was raised. He asked for a show of hands for those in favour,

27 were counted in favour. He asked again if anyone was opposed, this time no one

raised their hand. He asked if there were any abstentions, seven raised their hands.

Resolution #2 passed and is retyped as follows,

First Nation of Nacho Nyäk Dun

2010 Annual General Assembly Resolution #2

Resolution passed on June 26, 2010

RE: Resolution to Conduct a Land Exchange with the Yukon Government

WHEREAS:


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A. The First Nation of Nacho Nyäk Dun retained parcels of settlement land in the amount of

4,748.95 square kilometres throughout its traditional territory in accordance with the terms of

the Nacho Nyäk Dun Final Agreement.

B. The Nacho Nyäk Dun Final Agreement provides that the Nacho Nyäk Dun and Federal or

Territorial Government may agree to exchange Crown land for settlement land and agree that

such Crown land exchanged for settlement land will become settlement land.

C. The Nacho Nyäk Dun and the Federal and Territorial Governments agree to exchange the

following parcels of land under section 9.6.1 of the Nacho Nyäk Dun Final Agreement,

(i) the parcel of Crown land under the administration and control of the Commissioner

which the Yukon Government agrees to transfer to the Nacho Nyäk Dun is shown as

Parcel A on the map attached to the resolution and is located adjacent to C-6B, and

(ii) the parcel of settlement land which the Nacho Nyäk Dun agrees to transfer to the

Yukon Government is shown as Parcel B on the map attached to this resolution and

comprises part of C-7B but not any part of C-52FS/D.

D. The Nacho Nyäk Dun will own Parcel A as Category B Settlement Land upon the conclusion

of the land exchange.

E. This land exchange will require an amendment of the Nacho Nyäk Dun Final Agreement and

consent to any amendment to the Nacho Nyäk Dun Final Agreement may only be given on

the part of the Nacho Nyäk Dun by a recommendation of the Nacho Nyäk Dun Council

approved by the Assembly in two meetings held at least three months apart.

F. The Nacho Nyäk Dun Council recommends that the Assembly approve the proposed transfer

of Crown land to the Nacho Nyäk Dun for the exchange of a portion of C-7B to the Yukon

Government under section 9.6.1 of the Nacho Nyäk Dun Final Agreement.

THEREFORE BE IT RESOLVED that the Assembly,

1. Gives its initial consent to the amendment of Appendix A – Settlement Land

Descriptions of the Nacho Nyäk Dun Final Agreement pursuant to section

2.3.5.3(a) of the Nacho Nyäk Dun Final Agreement with respect to the

proposed transfer of Parcel A to the Nacho Nyäk Dun in exchange of Parcel B

to the Yukon Government under section 9.6.1 of the Nacho Nyäk Dun Final

Agreement.

2. Directs the Nacho Nyäk Dun Council to provide the Federal and Territorial

Governments with a certified copy of this resolution.

3. Directs that the second resolution required under section 2.3.5.3.(a) of the

Nacho Nyäk Dun Final Agreement be submitted at the next General Meeting

of the Assembly for its consideration.

Moved by: Sharon A. Peter

Seconded by: Beverly Genier

Passed by: Vote. 27 in favour. None opposed. 7 abstentions.

9. Mining Company Access Road

DARYN LEAS said in this case you have the right to say yes or no to this mining

company (ATAC). Discussion has included that the road could go over a small portion

of your settlement lands and that would allow you some control over the access. If it

becomes a public road, then hunters and others will get up into that area. It‟s

informational today because the mining company has asked for some more time on this

road access. It‟s important to update you on the status of this road. This is an ongoing

issue, when roads are pushed into your territory it still impacts you and your potential

rights under treaty. If you can work with these companies it‟s probably in your best

interest to do so. He provided a map and said Graham Down was available until later


18

today to answer questions. The map indicates two dotted lines in blue and the other the

potential crossing on the southern tip near McQuesten Lake.

STEVEN BUYCK said there was already access into settlement land. This is a different

company from a year ago.

ROBERTA HAGER asked if this was on anybody‟s trapline.

STEVEN BUYCK said it‟s on two traplines. The company is not proposing this. They

staked claims around this block and there‟s a road already there and we don‟t want to

create more disturbance.

DARYN LEAS said the request is not from Utec, but a way for Nacho Nyäk Dun to work

with mining companies. We want to get this out to you, the Citizens, so you can get

familiar with the background information. The road is only one component, the other

issues will establish a benefits agreement to ensure there are longterm, meaningful

benefits. You‟ll hear more about that as the work progresses.

JESSIE GERMAINE said she was opposed to the road access because it would interfere

with traplines. I am happy the miners found the gold, but we know the chemicals miners

use and the damage they cause. The health of our families is affected. We keep talking

about younger generations. What will happen to the trappers and the animals. Reality is

the miners get rich, and we will be poor in health. I‟m opposed to this access road.

Where can I get a map of the traplines she asked.

DON BUYCK said I was under the impression that a resolution related to this subject

would be brought forward to us. If the miners want in, they will find a way in. At the

next general assembly we want Dennis Buyck to be present, we have a lot of questions.

Who will respond to the questions asked today.

SHARON A. PETER said I agree that trapping is a tradition. We have eight mining

companies in our backyard, and we should be a part of the economic development

through signing MOUs and agreements of that kind. We want to develop economically

and create own source revenue. Access to settlement land can be regulated by us.

JIMMY JOHNNY said in past when it came to roads in our traditional territory, our plans

took into consideration Dooli. I believe caribou are coming back. Some people are into

mining, but our concern is destruction of our land. I hate to see that happen. Water must

be kept clean. Some miners use poisonous substances in their operations. Those

activities affect the wildlife and our environment. The road is open and gives easy access

to hunters and others to drive up there.

NEIL STERRITT said this subject was brought forward for information. A resolution to

deal with the issue would come forward at a later time.


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10. Capacity Development Initiative GARRY UMBRICH joined the table and said the issue was coming forward as

information to the assembly. A document titled Presentation to Nacho Nyäk Dun Annual

Assembly Capacity Development Initiative – Garry Umbrich was provided. The project

is funded by government and the first phase of the project had taken place. He

encouraged Citizens to drop by his office at Nacho Nyäk Dun and speak with him. He

meets regularly with Chief, Council and Staff, as well as a community meeting. He had

met with Elders and would soon meet with youth. He had been collecting a lot of input.

Now we will come back and say this is what we heard and here are some ideas to move

forward with your political system. All the details will be provided in a report. We will

take the technical report and translate it into a „plainspeak‟, turn it into an understandable

guide. You need the technical report in the office, but for those in the assembly, you

want a guide the assembly and community meetings can use. On this one page handout I

have reduced the technical work provided for you. The recommendations include,

- Create a strategic focus, one plan, for your government.

- When building your government, do it on a comprehensive basis.

- Political change needs to start with the Assembly and Council. Implementation

will be the key challenge.

- What changes can be made to allow the Assembly to work better. Create a

procedure that will allow you to understand the difference between a law, a

motion, a resolution and legislation. None of these differences have been

documented.

- Changes to the way Council operates.

Implementation is the key. The challenge will be to create a strategic focus that

integrates all Nacho Nyäk Dun initiatives under a common purpose. If Nacho Nyäk Dun

is able to implement these recommendations, it will transform itself into a stronger player

in the world of good, responsible government. A management team will be established to

create stability when there are political changes. Sitting at the management table will

offer training to individuals and create capacity within the Nacho Nyäk Dun Government.

A management team is the strongest and most stable body in the First Nation and offers

protection in legislation. You can determine how many members are Nacho Nyäk Dun

Citizens. It allows your people to be exposed to how your government operates. Many

other Yukon First Nations operate with management teams and are very happy with

them. An administrative tribunal is another issue people have spoken about. It‟s a first

step in developing justice tribunal and judicial councils. Professional development for

your Council should be ongoing, an orientation manual is one piece of it and ongoing

professional development is still needed. Analysis and maybe some recommendations to

the Assembly on what it means to be Chief and Deputy Chief of Nacho Nyäk Dun.

Powers must be carefully written down so it‟s not left to chance and put them into the

legislation. Legislation is loaded with what Council does, but is almost silent on what the

Chief and Deputy Chief do. We‟ve been talking about a community committee and it

would be good to have a committee I could work with so that when we come to this

Assembly then there would be some Citizens who are already familiar with what I will

say. I could work with that group and meet with them once or twice a month. This was

based on all the feedback received he said.


20

MARY BATTAJA said she didn‟t fully agree with the comments she had heard. I didn‟t

hear anything as to how we as Nacho Nyäk Dun people would incorporate traditional

knowledge and how our past experiences have damaged us. This has been a stumbling

block to many of our people. I sit on the education board and want to ensure history

doesn‟t repeat itself.

BEVERLY GENIER said our constitution is our law and why is it not being followed.

NANCY HAGER thanked Garry for his notes. What is missing is cultural training, I

urge you to do a package on that. Professional development must incorporate traditional

and cultural training. Traditional knowledge should be included. Talk to the potlatch

people. Leadership training is needed, and be consistent in what you do. We have

governance policy in our book, and we must follow that. Learning about how our people

are, people have to learn the cultural activities of our First Nation.

DEBBIE BUYCK thanked Garry for his expertise. How are you reaching our Citizens

outside Mayo and can you provide your email address.

DON BUYCK asked about terms of reference for the administrative tribunal in late 2007

done by Heather Campbell. That was given Council in 2008 and you‟re saying we must

wait another year. We don‟t want to wait another year. We suggest you gain that

information from Heather. What‟s the status on the citizen group.

GARRY UMBRICH said comments from today don‟t get lost and I keep them

documented. The cultural area has a concept that you must have a government that meets

your needs for tradition and culture. That is a priority for me and my job. One difficulty

is getting the research on what is the right cultural fit. We want it to work right for the

community. There is some trial and error and I look for information on culture and

tradition. We‟ve talked about me having a meeting available in Whitehorse for Nacho

Nyäk Dun Citizens outside Mayo. The Administrative Tribunal information is still

ongoing, and it has to go through quite a process and I hope to start that process

immediately. Hope to use money from other governments to do this. Citizen‟s

Committee is still only an idea at this point, but we can follow up through a possible

video conference. The committee would help in promoting discussions prior to the

Assembly, so people are more aware. More involvement by more people. A new course

at Yukon College is promoting understanding and professional development about First

Nations, self government and land claims in the Yukon.

NEIL STERRITT said he had done a number of workshops with Yukon First Nations. I

am happy to follow up and continue to work with you. One way to help that would be to

have staff in attendance to help the leaders. Continuity and followup is needed. He

encouraged Nacho Nyäk Dun Citizens to work together in unity regarding capacity

development. Cultural match and cultural fit must have you behind it.

Break.


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11. Resolution #3 – Elections and Terms DON BUYCK referred to Resolution #3 regarding elections and terms, as included in the

kits.

NEIL STERRITT read it out loud and asked for a mover and seconder.

DON BUYCK said we all know that it was changed from two to four years, what we

don‟t know is how long the current Council carries on from their term. I have the

impression that they‟re elected for a four year term. I think we should have another full

election soon.

FLORENCE PILON said when looking through the minutes she couldn‟t find resolution

6 or 7. Once the Election Act was in place a full election was to take place and we

haven‟t seen that to date.

NEIL STERRITT said the basis for this resolution is that some of the current Council

didn‟t automatically have four year terms, but only two year terms.

DON BUYCK said the current Council has members that vary in their terms and I think

since terms have changed we need someone to do research and put a package together for

us and bring it to us at the next meeting, answering the questions.

DARYN LEAS said to clarify, if a Councillor is elected under the new Act the term is

four years. It doesn‟t go retroactively to Councillors. At last year‟s assembly we had a

resolution to synchronize all the different terms on Council because terms are not

sequenced. We proposed a version where everyone‟s term on Council would end

together and then hold general elections. The only way to end the four year term is to

specify a certain date after 2011 where we can have general elections going forward. The

present system is very expensive. That resolution was defeated last year at the general

assembly.

SHARON A. PETER said when we amended the constitution to set four years to all the

Councillors, the committee did consultations with Citizens. Now this is tabled to put it

back to two years. It cost us lots of money to re-look at the constitution with all the

meetings and consultation, we put a lot of effort and time into it and now this is put

forward to change it back to two years. There‟s no reasoning behind this. I feel we‟re

turning back the wheel and have wasted a lot of money. This is citizen‟s money, and it

cost us over $300,000.00 to do this. I don‟t quite understand, and I oppose it.

MARY BATTAJA said she felt the same way. The first year after election is a year to

learn and the second year step up to the plate and do your job and represent your

government. To continue to change it costs us money we don‟t have. When you give us

stuff like this it confuses us. Why can‟t we just work together for another year and then

decide on the candidates for our next election. It‟s about communication.


22

JESSIE GERMAINE said going back to two years is not good and costs a lot of dollars,

so I agree all our elections should be at the same time, people still do not understand what

is really happening here. People still have it in their minds that elections mean we want

to fire everyone, that‟s not the case. I think two years is not sufficient. Maybe hold off

on this and in the meantime get the people in the community involved and explain in

plain English what this means. Hold off and talk to the people more. It also affects those

people that live here.

DON BUYCK said as the mover of this resolution, I didn‟t write it up and now that I‟ve

had time to think about it my question is the terms, not the current Council. That‟s the

only question that needs to be answered. What I wish to do is withdraw this resolution,

and have Daryn Leas address the question and bring us an answer prior to the next

General Meeting.

NEIL STERRITT said Resolution #3 belongs to Don and Florence when they moved and

seconded, then when it goes into discussion it goes to the room/Assembly. Then I say to

the Assembly, is there anyone opposed to withdrawing the resolution, and I ask that three

times. You Don, want something in writing as a followup. So given we‟ve had a mover

and seconder and everyone has spoken, I ask three times if anyone is opposed to

withdrawing this resolution. No one was, and Resolution #3 was withdrawn.

DARYN LEAS said the floor is seeking written opinion from me as to the nature of terms

going forward on elections, and terms of existing Council, and I can provide that to

Council, who can provide it to the Citizens.

NEIL STERRITT asked if there were any other resolutions. None came forward.

12. Community Discussions/Citizen Issues This session was held in camera and no minutes were recorded.

The recorded portion of the General Assembly concluded at 4:20 pm.

“Just Minutes” – July 3, 2010.

Documents

First Nation of Na-Cho Nyäk Dunnndfn.com/images/uploads/pdfs/NND_GA_June2526,2010_Minutes_Adopted.pdf · First Nation of Nacho Nyäk Dun 2010 Annual General Assembly, June 25 and