Open letter to Minister of Energy, Mines and Resources John Streicker
It was over ten years ago when I attended my first political rally. It was with the Green party. John was a key player of the group who appeared to be a protector and steward of the wilderness and all things within it.
After having attended the last three days in the Yukon Supreme Court and hearing the oral submissions to the court, I am truly baffled by the stance of the Yukon government and that of the office of energy, mines and resources and particularly Mr. Streicker as minister.
The arguments laid out by 'Yukon' intend to undermine the Umbrella Final Agreement, Peel Watershed plan, and the YESAB process that was put in place by the 'Yukon' as well as confidence and trust with all First Nations and many Yukoners alike, as stewards of the lands.
From my understanding, YESAB declined a project because Silver47, the mining exploration company, refused to do a legal and necessary environmental baseline study prior to doing exploration in the protected area of the Peel Watershed. Silver47's lawyer John Jantzi argued that exploration of "100 exploration sites" with helicopters and drilling pads, multiple ground crew etc. were not acts of development but rather exploration and therefore do not apply as it is not considered an "activity" in the area of contention. Mr. Jantzi argues that there will be no effect to baseline environmental data associated with exploration of this calibre.
From what I could tell, the 'Yukon' and Silver47 scrutinized every legal document to find the proverbial missed dotted 'I' or crossed 'T.' It was an argument of semantics of particular words or phrases written in policy and legislative documents and treaties between First Nations and 'Yukon' and other agencies. I found it unbecoming of the purpose and values of the judicial system, treaties and legislative law. The first analogous thought that came to mind, and seems to be sticking with me, is their arguments were like a turd in the punchbowl of reasonability.
I was so proud of the groups of lawyers (Na-Cho Nyäk Dun, Tr'ondëk Hwëch'in, Canadian federal government and YESAB) to stay the course and argue only for the true intent of the treaties, legislation, agreements and laws and not stoop to that level. They could have.
I am grateful that the presiding judge mentioned a few times that her judgment must be made on grounds of reasonability and intent. The arguments and submissions of the opposing parties to the proponents, honourably reflected these values. Reasonability and intent are together the cornerstone of our judicial system and must be implemented into the decision making.
As this letter is written to the minister of energy, mines and resources, Mr. Streicker, I shall address him now. There was a time in my life when I had such admiration and respect for what I perceived to be your determination and self-sacrifice for the well-being of our environment and all things within it for the prosperity of future generations of all beings. Those feelings are long gone.
Your legacy as a politician has veered from that as a person, to the minister responsible for one of the worst environmental mine disasters in Canada's history and the minister that had attempted to breach the Umbrella Final Agreement, the Peel Watershed Plan, YESAB, truth and reconciliation of all the Yukon First Nations, treaties and trust among most Yukoners. I am sorry on many levels that you did not struggle for the legacy as the minister who fought, as an example, for discontinuing cyanide heap leaching in the Yukon. It would have been an honourable quest approved by a very high majority of Yukoners and I would suspect all of the Yukon First Nations, leaving you with a noble legacy. I guess I never really knew you ten years ago as I do now.
With sadness but not despair,
Mike Martin
Mount Lorne
