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The Umbrella Final Agreement, First Nation Final Agreements and Treaty Rights

The Umbrella Final Agreement [ 463 KB] is a political or policy document between the Government of Canada, Government of Yukon and Yukon First Nations as represented by the Council of Yukon First Nations (CYFN). This agreement is a common template for negotiating First Nation Final Agreements. It is important to note that the Umbrella Final Agreement, on its own, is not a legally enforceable document. Because all of its provisions are contained in each First Nation Final Agreement, those provisions have lawful effect.

Each First Nation Final Agreement is a treaty recognized in section 35 of the Constitution Act, 1982 and therefore takes precedence over other laws.

Below are the 11 Yukon First Nations that have Final and Self-Government Agreements in effect. The dates within the parentheses indicate the year in which each First Nation's agreement came into effect:

  • Champagne and Aishihik First Nations (1995)
  • Teslin Tlingit Council (1995)
  • First Nation of Nacho Nyak Dun (1995)
  • Vuntut Gwitchin First Nation (1995)
  • Little Salmon/Carmacks First Nation (1997)
  • Selkirk First Nation (1997)
  • Tr’ondëk Hwëch’in (1998)
  • Ta’an Kwäch’än Council (2002)
  • Kluane First Nation (2004)
  • Kwanlin Dün First Nation (2005)
  • Carcross/Tagish First Nation (2006)

There are three First Nations that have not settled land claims and remain Indian Bands under the federal Indian Act: Liard First Nation, Ross River Dena Council and White River First Nation.  

 

Final Agreements and Treaty Rights

Yukon First Nation Final Agreements represent an exchange of undefined aboriginal rights for defined treaty rights. In other words, a Yukon First Nation Final Agreement, which is a modern-day treaty, sets out specific rights for the particular First Nation and its citizens.

The exception is that aboriginal rights continue on Settlement Land. However, if an aboriginal right is inconsistent with a negotiated treaty right, then the treaty right prevails.

 

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