Slowey, Gabrielle

This is a community-based research project investigating the ability to meet a vision of co-governance. This dissertation investigates the effectiveness of the Yukon Environmental and Socio-economic Assessment Board (YESAB) as a treaty-implementing institution under Chapter 12 of the Umbrella Final Agreement (UFA). The UFA, a modern treaty between Yukon First Nations (YFNs), Canada, and the Yukon, outlines a vision for co-governance, environmental stewardship, and sustainable development. Established under the Yukon Environmental and Socio-economic Assessment Act (YESAA), YESAB was designed to operationalize this vision through a Development Assessment Process that integrates Indigenous participation and cultural values into decision-making on development projects. Guided by three core research questions, the study assesses: (1) how well YESAB fulfills the spirit and intent of Chapter 12 of the UFA; (2) the strengths and weaknesses of its impact assessment processes, particularly in terms of inclusivity, responsiveness, and environmental integrity; and (3) the influence of other institutions and actors on YESAB's capacity to fulfill its treaty-mandated responsibilities. This study used a community-based participatory research framework and Constructive Grounded Theory methodology. Information was collected through a selected documentary analysis as well as interviews with 35 individuals with direct experience in Yukon's impact assessment system—including past/present YFN Self-Government officials, past/present YESAB staff, territorial regulators, Yukon-based NGOs, legal experts, and proponents. The findings reveal that while YESAB has made procedural strides—such as improved transparency and research depth—it continues to face structural and epistemic challenges that limit its ability to meaningfully implement the UFA's goals. These include inadequate incorporation of Traditional Knowledge, limited capacity and follow-up, and external interference from other regulatory bodies. Furthermore, participants emphasized that the Development Assessment Process is often constrained by outdated mining legislation, political pressures, and jurisdictional fragmentation. This research contributes to scholarly and policy discussions on Indigenous governance, treaty implementation, and environmental justice in Canada. It recommends specific legislative and institutional reforms to enhance YESAB's effectiveness and align its operations with the UFA's original intent. Ultimately, the dissertation underscores the need for an impact assessment system that is co-governed, culturally grounded, and responsive to both ecological and Indigenous priorities in the Yukon.

Keywords: Impact Assessment, treaty implementation, resource extraction, Yukon, Indigenous Rights, colonization, spirit and intent, Umbrella Final Agreement, Yukon Environmental and Socio-Economic Assessment Board, co-management, Traditional Knowledge

Author Keywords: Impact Assessment, Indigenous Rights, resource extraction, treaty implementation, Yukon, Yukon Environmental and Socio-Economic Assessment Board