Seven other Yukon First Nations would sign their final, self-governing agreements in the coming years, and three have yet to reach an agreement with the federal and territorial governments. One of the overall objectives of the federal government is to transfer government and decisions on local or regional programs to local communities, while maintaining the federal government`s decision-making power for national programs; Examples include Yukon`s self-management agreements and the Yukon Northern Program Program Devolution Agreement. The final agreements are based on the UFA with specific provisions for each first nation. The UFA creates state institutions, defines the quantifications of residential areas and implies the obligation to negotiate self-management agreements. The focal requirements and self-management agreements came into force for eleven SGYFNs on the following dates: a SGYFN can also legislate on the direct taxation of its citizens in its country of residence. This tax power of the SGYFN also does not diminish the tax powers of the Government of Canada or the Yukon government. The Government of Canada and the SGYFN negotiated the coordination of the SGYFN`s tax laws under the existing federal tax system, as well as the extent to which the taxation power of the SGYFN can be applied to non-national or local communities. The Yukon government has also similar tax agreements with SGYFNs. Like all Canadian governments, Yukon First Nations, self-administered, work under the Canadian Constitution.
The courts and authorities of the SGYFN must operate in a manner compatible with federal and territorial jurisdictions. It is in the interest of all governments to develop cooperation agreements that guarantee a harmonious relationship between laws. In this regard, the legal relationship in the Yukon is: Paul Birckel: “I think the only problem we have is that our government`s interpretation of the agreements may not be what we agreed at the table. So I think some of these things probably still need to be fixed. “I think we need to take care of that. I think we need to look at the fact that very few architects, including today`s leaders and negotiators, have to speak with the spirit and intent of the agreements, because I think no one knows better than them what spirit and intent is. That`s what we have to do. With 11 revolutionary fomental claims and self-management agreements, Yukon is the leader in Canada and around the world. Program and Service Transfer Agreements (ASAs) allow self-governing Yukon First Nations to assume responsibility for federal or territorial programming areas under the NWSS`s legislative research authority. TSPs are based on negotiations on the transfer of programs, responsibilities and resources.
When an NWSP assumes responsibility for a program or service through a PSTA, other governments are no longer accountable to the citizens of that First Nation for the provision of programs or services as part of the responsibility entrusted. For example, responsibility for INAC programs and services in the areas of health, social services and housing has been transferred from the Canadian government to First Nations through a TSP. CBC Yukon host Leonard Linklater spoke this week with several people who participated in negotiations in the 1990s. You talked about how the agreements were made and the situation today. In order to avoid conflict between a SGYFN law and Yukon laws of general importance, any self-management agreement requires the NWSMS to consult with the Yukon government before passing legislation that it would reasonably foresee as an impact on Yukon legislation. Conversely, the Yukon government has an obligation to consult with the NWSMs before passing legislation that it would reasonably foresee as an impact on a SGYFN law. In addition, the Yukon government may declare that a Yukon law no longer matters to all or part of the NHSS if a SGYFN law renders a Yukon law partially ineffective and inappropriate or unduly difficult to manage.