LAND USE AND PUBLIC POLICY IN NORTHERN CANADA by John Kennedy Naysmith B.Sc.F., U n i v e r s i t y of New Brunswick, 1953 M.F.S. Harvard University, 1968 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY i n the Department of Forestry We accept t h i s thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA September 1975 In presenting t h i s thesis i n p a r t i a l f u l f i l m e n t of the requirements for an advanced degree at the U n i v e r s i t y of B r i t i s h Columbia, I agree that the Library s h a l l make i t f r e e l y a v a i l a b l e for reference and study. I further agree that permission for extensive copying of t h i s thesis for s c h olarly purposes may be granted by the Head of my Department or by his representatives. I t i s understood that copying or p u b l i c a t i o n of t h i s thesis for f i n a n c i a l gain s h a l l not be allowed without my written permission Department of Forestry The U n i v e r s i t y of B r i t i s h Columbia 2075 Westbrook Place Vancouver, Canada V6T 1W5 ABSTRACT Northern Canada was f i r s t occupied by man at l e a s t 25,000 years ago. The fur trader, the f i r s t European to l i v e i n what i s now the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s , a r r i v e d l e s s than 300 years ago, and northern land use, not r e l a t e d to subsistence l i v i n g or the fur trade, has a h i s t o r y of l e s s than 100 years. The north has experienced three d i s t i n c t waves of land use a c t i v i t y within the past seventy-five years. The discovery of gold i n the Yukon and the subsequent placer mining operations at the turn of the century marked the beginning of the 'development era'. During the second world war, roads, p i p e l i n e s and a i r f i e l d s were constructed north of 60. F i n a l l y , the extensive o i l , gas and mineral a c t i v i t y , which today extends across the north, including the A r c t i c Islands, began i n the 1960s. The purpose of t h i s study i s to analyze northern land use and r e l a t e d p u b l i c p o l i c y i n Canada north of 60 degrees north l a t i t u d e and to propose a course of action for the administration and management of the region's 1.5 m i l l i o n square miles of public land. It i s shown that s t a r t i n g with the Dominion Lands Act i n 1872 v i r t u a l l y a l l of the body of law pertaining to northern land has been a response to increasing and/or a l t e r i n g demands for the a l i e n a t i o n of p u b l i c land and associated resources. As a r e s u l t the r e l a t i o n s h i p of the various acts and regulations to each other grow more complex while the respective administrative r e s p o n s i b i l i t i e s of the f e d e r a l and two t e r r i t o r i a l governments become less definable. i i i In addition to the l e g a l and administrative i n s t i t u t i o n s related to northern land, there are the claims of the north's native people to s u b s t a n t i a l areas of land, and society's growing awareness of the s o c i a l and c u l t u r a l implications of northern development. If policy-makers are to resolve the complex issues surround-ing northern land today they must f i r s t consider the land i t s e l f and develop p o l i c y which i s based on an understanding of i t s nature, c a p a b i l i t y and l i m i t a t i o n s . Within that context the study proposes the following with respect to the future administration and management of northern lands: (1) a land use planning process for guiding and determining decisions respecting land use and a l l o c a t i o n which would: (i) account for the natural values and properties of the land; ( i i ) consider the p o t e n t i a l uses of the land and i t s c a p a b i l i t i e s ; (iii) propose and assess the consequences of various forms of land use and development; (iv) monitor and document land use; (2) a land use planning commission i n each t e r r i t o r y ; (3) a northern land c l a s s i f i c a t i o n system; (4) a mechanism for c i t i z e n p a r t i c i p a t i o n i n the land use planning process; (5) a revised l e g i s l a t i v e base; (6) a s e l e c t i o n process for settlement of native land claims. i v The next l o g i c a l step i n the evolution of the t e r r i t o r i a l governments i s an increased r o l e i n the management of northern land. The administration of fed e r a l land l e g i s l a t i o n by a department of land and forests i n the Yukon T e r r i t o r i a l Government and the Government of the Northwest T e r r i t o r i e s i s suggested. v TABLE OF CONTENTS INTRODUCTION 1 PART ONE. HISTORIC PERSPECTIVE Chapter I THE ORIGINAL PEOPLE 6 Man's A r r i v a l i n the North C u l t u r a l Evolution and Land Use II THE INTRODUCTION OF WESTERN CULTURE 32 E a r l y Exploration, Discovery and Occupance Enter the Trader Missions Established Changing Patterns III LAND USE AND THE LAW 1870-1970 57 Rupert's Land and the North Western T e r r i t o r y Dominion Lands Act The Yukon T e r r i t o r y Before 1900 Indian Lands; Treaties 8 and 11 Timber, A g r i c u l t u r e and Homesteading Trapping Mining, O i l and Gas PART TWO. THE PRESENT SETTING I FEDERAL GOVERNMENT LEGISLATION 119 T e r r i t o r i a l Lands Act T e r r i t o r i a l Land Use Regulations Mining Acts and Regulations O i l and Gas Regulations Quarrying, Coal and Timber Regulations T e r r i t o r i a l Land Regulations v i Chapter II TERRITORIAL GOVERNMENT LEGISLATION 136 Commissioner's Lands Area Development Ordinances Other T e r r i t o r i a l Ordinances I I I LAND USE TODAY 144 O i l and Gas Mining Forestry and Ag r i c u l t u r e Block Land Transfers Roads, Railroads and Pipeline s Hunting and Trapping National Parks, T e r r i t o r i a l Parks and E c o l o g i c a l Reserves T e r r i t o r i a l Governments Federal Government F e d e r a l — T e r r i t o r i a l L i a i s o n F e d e r a l - T e r r i t o r i a l Lands Advisory Committee Ap p l i c a t i o n Review Committee Land Use Advisory Committee Research and the Administrator IV LAND ADMINISTRATION IN THE NORTH 192 V ECONOMIC AND POLITICAL FACTORS CONSIDERED 20.6 Population Personal Income Private and Public Sector A c t i v i t y The Status of T e r r i t o r i a l Government PART THREE. A FUTURE COURSE I LAND VALUES 226. Natural Values Attributed v i i Chapter II SOME BASIC APPROACHES TO LAND MANAGEMENT Laissez F a i r e Bureaucratic Management Mul t i p l e Use The E c o l o g i c a l Approach A Northern Approach 250 III LAND USE PLANNING 263 Why- Plan? The Planning Process Goals Formulation and Implementation IV POLICY INTO PRACTICE 272 Underlying P r i n c i p l e s Goals i n Northern Lands P o l i c y Northern Land Use Planning Planning Areas Data C o l l e c t i o n Within a Conceptual Framework A Six—Step Approach. The Native Claim The Public's Role A Planning Authority A Land Use Planning Act Other Considerations A Northern E c o l o g i c a l Sites Act A Northern Forest Act Leases and Sales CONCLUSION • , • 3 1 7 BIBLIOGRAPHY - 3 2 8 APPENDICES , 3 4 8 v i i i LIST OF TABLES Number Description Page 1 Land Transactions i n the Northwest T e r r i t o r i e s Selected Years 92 2 Number of Fur-Bearing Animals Traded Under Northwest Game L i c e n c e s S e l e c t e d . Years, 96 3 Population of the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s 108 4 Number of O i l and Gas Permits and Acreage Held at December 31, 1973 147 5 Number of O i l and Gas Leases and Acreage Held at December 31, 1973 .. 147 6 T o t a l Annual Revenue from O i l and Gas Industry by Year - Yukon T e r r i t o r y and Northwest T e r r i t o r i e s . . 148 7 Value of Mineral Production 153 8 Annual T e r r i t o r i a l Timber Production 156 9 Farms i n the Yukon T e r r i t o r y 160 10 Applications f o r Land f o r A g r i c u l t u r a l Purposes i n the Northwest T e r r i t o r i e s between January 1971 and June 1974 163 11 Block Land Transfer Program . . . 166 12 Big Game Hunting, Yukon T e r r i t o r y 180a 13 Number and Type of Tou r i s t V i s i t o r s to the North-west T e r r i t o r i e s - 1971 183 14 Applications f o r A g r i c u l t u r a l Land, Northwest T e r r i t o r i e s , May 1973 - August 1974 199 15. Population and Area . . . . 207 16 T e r r i t o r i a l Population; Indian, Inuit, Others, 1971 . . 208 17 V i t a l S t a t i s t i c s , Mackenzie.Area and Inuvik Zone, 1971 . 210 18 T o t a l Eersomalelncome, Residents of the Yukon and North-west T e r r i t o r i e s , 1971 211 19 P r i v a t e Sector Contribution ( s a l a r i e s and wages) to Gross Domestic Product, 1970/71 213 ix-LIST OFT-TABLES (cont'd) Number Descr i p t i o n Page 20 Experienced Labour Force by A c t i v i t y , Yukon T e r r i t o r y , 1961 and 1971 . . . . 214 kl21 T e r r i t o r i a l Government Employees 215 2222 Gross Regional Expenditure, Yukon T e r r i t o r y and Northwest T e r r i t o r i e s , 1970/71 216 x 0 v U v e f V ^ y Te . i - c w t u J ' o i f - W - P ^ ' LIST OF MAPS Number Page 1 The Yukon T e r r i t o r y and Northwest T e r r i t o r i e s Frontispiece 2 G l a c i a t i o n 10 3 C u l t u r a l Areas 11 4 Approximate D i s t r i b u t ion of Indian Tribes Noirtli of 60 i n 1725 A.D 12 5 The Denbigh People 3000 B.C. - 500 B.C., Inuit . . . . 20 6 The Dorset People 1000 B.C. - A.D. 1100, Inuit . . . . 22 7 The Thule-Inuit People A.D. 800 to Present, Inuit . . . 23 8 Approximate D i s t r i b u t i o n of Eskimo i n 1525 A.D 26 9 Moses Norton's Draught of the Northern Parts of Hudson Bay . 43 10 Internal Boundaries ' 71 11 Areas Ceded Under Treaties 8 and 11 80 12 Routes and Dates of Development of Fur Trade i n the Northwest T e r r i t o r i e s 95 13 O i l and Gas Land A c q u i s i t i o n s North of 60 149 14 Slave River Lowland 162 15 T e r r i t o r i a l Roads 173 16 Mackenzie Highway 186 17 National Parks of Northern Canada 187 18 The Physiographic Regions of Northern Canada 227 19 D i s t r i b u t i o n of Permafrost i n Canada 229 20 Daily Mean Temperatures - July 232 21 Daily Mean Temperatures - January 234 22 Natural Vegetation 236 23 Mean Annual Length of Growing Season 238 x i LIST OF FIGURES Number Page 1 Value of Mineral Production 1964-1974 . . • . . . \ 115 2 Acreage Held Under O i l and Gas Permits by Year, Yukon T e r r i t o r y and Northwest T e r r i t o r i e s , 1964-1974 . . . . . . . . . . . . . . . 145 3 Acreage Under O i l and Gas Lease 1965-1974 -Yukon T e r r i t o r y and Northwest T e r r i t o r i e s . . . . 146 4 Mineral Claims Northwest T e r r i t o r i e s and Yukon T e r r i t o r y by Years . . . . . ' 151 5 Mineral Claims i n Good Standing i n the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s . . . . . . . 152 6 Volume of Timber Harvested Annually i n the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s . . . . 157 7 Approximate Area Cut Over Annually by Timber Operations i n the Yukon T e r r i t o r y and North-west T e r r i t o r i e s • , 158 8 Miles of Northern Road i n Use . . 172 9 Number of P e l t s Traded Annually i n Northwest T e r r i t o r i e s . . . . . . . . . . . . . . . . . . . 180 10 V i s i t o r s ' t o the Yukon T e r r i t o r y 185 11 Population of the Northwest T e r r i t o r i e s Since 1911 . . . . . . . 0 , 209 12 Northwest T e r r i t o r i e s Expenditure and Funding 1974/75 . . . . . . 219 13 Yukon T e r r i t o r y Expenditure and Funding 1974/75 . 220 x i i . PREFACE For at l e a s t four centuries observations of, and experience i n , what i s now the Canadian A r c t i c have been documented. In a d d i t i o n • we are fortunate i n having a more or less continuous, a l b e i t unheralded, h i s t o r y of research and s c i e n t i f i c reporting for nearly a century. In the l a s t decade there has been a p r o l i f e r a t i o n of written material about northern Canada. I have contributed to the l a t t e r i n what i s generally considered to be the rather unromantic area of p u b l i c p o l i c y , and have been encou-raged by the response. Hopefully t h i s study w i l l further provide Canadians with a basis f o r debating one important aspect of p o l i c y , that r e l a t e d to management of northern land. P o l i c y , as defined by Webster, i s a d e f i n i t e course of action selected from among a l t e r n a t i v e s , and i n the l i g h t of given conditions to guide and u s u a l l y determine present and future decisions. Considered i n that l i g h t i t behooves Canadians f i r s t to be aware of the conditions and second to consider the a l t e r n a t i v e s , before formulating p u b l i c p o l i c y which involves more than one-third of Canada. During the course of t h i s study I discussed various aspects of the administration and management of northern land with several colleagues i n the Department of Indian and Northern A f f a i r s . I wish to acknowledge the cooperation of Mr. A.B. Yates, Director of the Northern P o l i c y and Program Planning Branch, Dr. J . Riddick and Messrs. R.J. Goudie, W.F. Mcintosh and G.C. Evans i n Ottawa; Messrs. B.J. Trevor, G.A.McIntyre x i i i (now a member of the Council of the Yukon T e r r i t o r y ) , and T. Retallack of Whitehorse, Y.T.; Messrs. M.J. MorisOn and N. Adams of Yellowknife, N.W.T.; and Messrs. G.B. Armstrong and L.V. Brandon both of whom are now with the Canadian Department of the Environment. In addition I wish to thank Mr. James Smith, Commissioner of the Yukon T e r r i t o r y and Mr. John H. Parker, Deputy Commissioner of the Northwest T e r r i t o r i e s and members of t h e i r respective s t a f f s , i n p a r t i -cular Messrs. W.A. Bilawich, G.L. P r i v e t t and R. Raghunathan of White-horse and Messrs. R.A. Creery, A.E. Ganski and R.B. H a l l of Yellowknife. Much of the formal part of t h i s research was conducted at the Uni v e r s i t y of B r i t i s h Columbia to which I was seconded by the Canadian Department of Indian and Northern A f f a i r s . While there I was fortunate to be able to confer on a regular basis with several members of the f a c u l t y including Drs. I. McT. Cowan, H.B. Hawthorn, L.M. Lavkulich., J.R. Mackay, J.K. Stager, and J.V. Thirgpod. In p a r t i c u l a r I wish, to thank Dr. J.H.G. Smith who contributed much toward making my sojourn at the u n i v e r s i t y both productive and stimulating. Much of the research, for t h i s study i s based on experience gained over a period of 22 years divided nearly evenly between the fo r e s t industry and the fe d e r a l government. Following 12 years with the A b i t i b i Paper Company i n eastern Canada I l e f t there as Woods Superinten-dent to j o i n the fede r a l department of Northern A f f a i r s and National Resources, the predecessor of the present department of Indian and Northern a f f a i r s . For the past ten years I have been associated with the northern program of those departments and seven years ago, became x iwi chief of i t s water, forests and land d i v i s i o n . I have had the opportunity to work c l o s e l y with people whose everyday business was 'using land' and i t i s those confreres of more than two decades who have unknowingly contributed much to the under-l y i n g approaches contained herein. F i n a l l y I wish to thank my family- to whom I am indebted. I f th i s study makes a contribution i t w i l l be due i n large part to the understanding, encouragement and p r a c t i c a l help of my wife E t o i l e , daughters Jean-Ann and Caron, and son John. xv ....the genesis of a northern lands policy should be a thorough under-standing of the nature, capability and limitations of the land; but to understand the human values and attitudes respecting northern land, i s to know i t s essential character. x v i INTRODUCTION In the 1870s westward expansion was the f o c a l point of Canadian public p o l i c y . The admission of Rupert's Land and the North Western T e r r i t o r y into the Dominion, B r i t i s h . Columbia's entry into Confedera-t i o n and the promise of a transcontinental railway were a l l s a l i e n t issues of that period. In turn these issues gave impetus to the pas-sage of perhaps Canada's most i n f l u e n t i a l land law - the Dominion Lands Act of 1872. For the ensuing s i x t y years, the ultimate goal of fed e r a l land p o l i c y was the settlement of western Canada, and the statutory v e h i c l e was the Dominion Lands Act. The s p i r i t of the Act was embo-died i n those sections providing free homestead grants to entice s e t t l e r s into the west and granting vast t r a c t s to railway companies i n the form of land subsidies in-order to further encourage settlement and as an incentive to construct a transportation network which would sustain the s e t t l e r . In the 1970s n a t i o n a l attention turned northward, thus dev-eloping f o r Canada a dimension of depth to supplement the one of breadth which was established a century e a r l i e r . Although the s p e c i f i c questions d i f f e r , the issues remain s u b s t a n t i a l l y the same. In both cases development impelled the use of vast areas of land. Today i t i s the o i l and natural gas f i e l d s of the Mackenzie Delta and the High A r c t i c Islands i n place of the f e r t i l e a g r i c u l t u r a l land of the p r a i r i e s a century ago. Such development can only be supported by e s t a b l i s h i n g major 2 transportation f a c i l i t i e s . Now large diameter p i p e l i n e s are proposed fo r the Mackenzie V a l l e y and the eastern A r c t i c , whereas t r a n s c o n t i -nental railways were needed to sustain settlement i n western Canada. Today, the two northern t e r r i t o r i e s are seeking responsible, rather than simply representative government., as was the province of B r i t i s h Columbia before 1871. F i n a l l y , while western settlement was stimulated by the a l i e n a t i o n of p u b l i c land, a major issue of northern development i s the need to recognize the legitimate claims to land of.the north's native people. But today there i s an a d d i t i o n a l force at work. I r e f e r to a s h i f t i n g sense of values which i s bringing into perspective the s o c i a l and c u l t u r a l implications of development as well as the economic and p o l i t i c a l ones. The h i s t o r y of land use i n what i s now the Yukon T e r r i t o r y and the Northwest T e r r i t o r i e s , may be considered i n terms of three . (1) . epochs v i z . : (i) the p r e h i s t o r i c period of hunters and food gatherers; ( i i ) the early fur trade; and ( i i i ) the i n d u s t r i a l development of natural resources* Each epoch i s characterized by d i s t i n c t forms of land use as (2) well as p r e v a i l i n g attitudes and concepts concerning the land. Values Kuznets (1966: 2) i n discussing the economic growth of nations defined an economic epoch as being a r e l a t i v e l y long period, extending well over a century, possessing d i s t i n c t i v e c h a r a c t e r i s t i c s that give i t unity and d i f f e r e n t i a t e i t from epochs that precede or follow i t . (2) Tuan (1974: 4) i n h i s discussion of how society views and evaluates nature, including land, defined a t t i t u d e as a c u l t u r a l stance formed by a long s e r i e s of perceptions. 3 which man att r i b u t e d to land during the f i r s t two epochs were r e f l e c t e d i n unwritten p o l i c y respecting i t s use. During the t h i r d epoch a more formal kind of land p o l i c y , embodied i n l e g a l and administrative i n s t i -tutions has been introduced. • What were the patterns of land use and the p r e v a i l i n g attitudes respecting land during each of these epochs? What was t h e i r r e l a t i o n s h i p to the land p o l i c y which evolved i n each case? To what degree does present p o l i c y f a l l short of incorporating p r e v a i l i n g a t t i t u d e s and values respecting northern land? How can present northern lands p o l i c y be expanded to reduce";the discrepancies i d e n t i f i e d ? What l i n k i s there, i f any, between improving the administration and management of northern land and major issues such as native r i g h t s and the evolution of the t e r -r i t o r i a l governments? These are some of the questions which I wish to address. The study i s divided into three major parts, v i z . : (1) H i s t o r i c Perspective - examines the evolution of land use and p o l i c y from the precontact period to the end pf the 1960s; (2) The Present Setting - includes the current status of land use and p o l i c y as well as the administrative and p o l i t i c a l structure i n the north; (3) A Future Course - considers, several aspects of future northern lands p o l i c y and suggests some basic r e v i s i o n s i n the administration and management of pu b l i c land i n the north. 4 I t i s established, f a i r l y I believe, that beginning with the Dominion Lands Act, pu b l i c land p o l i c y i n the north has been es-s e n t i a l l y a series of responses to demands for land, rather than a framework within which decisions respecting use and management are made on the basis of the land i t s e l f . Thus the study proposes a new course f o r the administration and management of public land i n the north based f i r s t on a consider-a t i o n of the nature, c a p a b i l i t y and l i m i t a t i o n s of the land. E s s e n t i a l l y the approach takes into account the composite value of northern land and incorporates a course of action for guiding and determining future decisions respecting i t s use and management. I t would be incor r e c t to assume that t h i s study solves the complex . problems associated with the native r i g h t s question or the future r o l e of the t e r r i t o r i a l governments i n the area of natural resources. Never-theless by putting one corner of the house i n order, namely the adminis-t r a t i o n and management of northern land, i t w i l l hopefully c l a r i f y some of the issues surrounding those questions and provide a basis for ta c k l i n g them. F i n a l l y i t i s hoped that t h i s study w i l l encourage debate, both i n and out of government, and thereby produce a new era invpub l i c p o l i c y f o r the 1.5 m i l l i o n square miles of Canada's northern land. 5 PART ONE. HISTORIC PERSPECTIVE •Thus at the time Pytheas was cautiously observing the 'frozen north' from i t s periphery, people of the Dorset culture i n the Canadian A r c t i c were mastering i t at i t s centre.... CHAPTER ONE. THE ORIGINAL PEOPLE (i) Man's A r r i v a l i n the North Nomadic hunters probably entered the Western Hemisphere between 500 and 250 centuries ago.^^ Migrating eastward across the Canadian A r c t i c from present day Bering S t r a i t and southward up the Mackenzie Valley, the northern hunter, over thousands of years, imperceptibly evolved a pattern of land use which s u c c e s s f u l l y met his needs. I t i s the task of t h i s chapter, to focus, i n a few pages, the a c t i v i t i e s of several m i l l e n i a and describe how early people wrested a l i v i n g from the northern land. Obviously i t i s not intended to be a d e f i n i t i v e work but rather a review of the basic ingredients, hopefully, i n a pattern which portrays the l i f e of early man i n the north and h i s close association with the land. The chapter closes with some observations on how those northern people viewed the land which may serve l a t e r as a benchmark f o r comparing changing at t i t u d e s as a r e s u l t of the European's a r r i v a l and the establishment of the fur trade. The exact timing of man's a r r i v a l i n the Western Hemisphere i s of course unknown but recent evidence indicates that he had been on t h i s continent at l e a s t 25,000 years before the f i r s t European a r r i v e d . Most a u t h o r i t i e s c i t e t h i s as the probable range, see: Jennings (1974); Haynes (1969); Campbell (1963); MacNeish (1972); and Irving (1971). 7 Irving (1971:68-72) reporting on h i s own f i e l d work stated that there have been many examples uncovered i n the Old Crow F l a t s of the Yukon T e r r i t o r y , of human workmanship i n bone and that three of (2) these have been dated to be between 25,000 and 29,000 years o l d . In the southwest Yukon, Johnson and Raup (1964) and MacNeish (1964) reported s i t e s excavated i n the Kluane-Dezadeash area revealing a ser i e s of cultures dating back 10,000 years. In the Fisherman's Lake area, near Fort L i a r d , Northwest T e r r i t o r i e s , M i l l a r (1968) found a s i t e said to be about 15,000 years o l d . However, av a i l a b l e data are too few to evaluate t h i s f i n d and the i d e n t i t y of the material has yet to be s a t i s f a c t o r i l y explained (Irving 1971:71 and Cinq-Mars 1973:13). Other evidence of man's early presence i n northern North America has been found i n caves near T r a i l Creek of Alaska's Seward Peninsula dated at about 13,000 years ago (Larsen 1968a,1968b) and a s i t e near Healy Lake, southeast of Fairbanks, Alaska which has been dated at about 11,000 years B.P. (Cook and McKennan, 1970). Farther east, at Acasta Lake south of Great Bear Lake, there i s evidence of man's presence 7,000 years ago (Wright 1970). McGhee (1970) reported a date of 2,200 B.P. f o r a s i t e at Bloody F a l l s near the mouth of the Coppermine River. Old Crow F l a t s are s t i l l used by, and p a r t i a l l y provide a source of l i v e l i h o o d f o r , the Indians of the v i l l a g e of Old Crow, situated on the north bank of the Porcupine River, 67 35'N, 139°50'W, see Stager (1974); Naysmith (1971); B a l l k c i (1963); Leechman (1954). 8 The theory that man migrated to the New World v i a a northern route i s widely accepted (Jennings 1974:52; Haag 1972:18; and Wormington 1971:84). Haag (1972:15) pointed out that the Wisconsin (3) g l a c i e r when i t reached i t s maximum, about 18,000 years ago, lowered the sea-level by as much as -460 fieety.s exposing a co r r i d o r or land bridge Z3uo3mo;lVs^d2n^Cd-tnle between Alaska and Asia. This bridge;,, one (4) i n a serie s which allowed the migration to North America of various animals including the mastodon and mammoth, the muskoxen, bison, moose, elk, mountain sheep and goats, probably also provided the access f o r man to enter the Western Hemisphere. Although man's migration from A s i a was probably a r e s u l t of hi s pursuit of large herbivores which were moving eastward, the land bridge did not represent the only means of access. Both Irving (1971:72) and Wormington (1971:85) argued that anyone s u f f i c i e n t l y competent to l i v e i n the northern f o r e s t or tundra was no doubt equal to making a boat and crossing open water or moving across the winter i c e . Pers. Comm., J.R. Mackay. During the Pleistocene a se r i e s i n t e r g l a c i a l periods took place ago (Solecki, 1932). of at l e a s t four g l a c i a l and beginning about,one m i l l i o n years 9 ( i i ) C u l t u r a l Evolution and Land Use By the time the f i r s t Europeans arri v e d the a b o r i g i n a l population of what i s now the Yukon and Northwest T e r r i t o r i e s probably numbered some 35,000 (Mooney, 1928). Jenness (1967/:8—14) has c l a s s i f i e d Canada's native population on the basis of seven c u l t u r a l areas. Two of these, the Tribes of the Mackenzie and Yukon B a s i n s a n d the E s k i m o s c o v e r v i r t u a l l y a l l of the two t e r r i t o r i e s . A t h i r d , the Tribes of the C o r d i l l e r a represented by the Tagish of Marsh and Tagish Lakes inhabited a small region i n the southern Yukon (see Map no. 3), The Tagish, about whom l i t t l e i s known p r i o r to a report by Dawson (1888), were probably an Athapaskan t r i b e o r i g i n a l l y . However, by the 19th century t h e i r language was T l i n k i t . Numbering less than 100 they occupied a small area i n the south-central Yukon and were compelled to work f o r the T l i n k i t , purchasing furs from the Indians of the Yukon i n t e r i o r f or subsequent trade on the P a c i f i c Coast. This c u l t u r a l area contains nine d i s t i n c t t r i b e s of which seven reside wholly or i n part north of 60°N l a t . v i z . Kutchin, Nahani, Slave, Dogrib, Hare, Yellowknife, and Chipaw^yan (Jenness 196<7:378), see Map no. 4. Includes f i v e groups: Mackenzie, Copper, Caribou, Central and Labrador Eskimos. A l l but the l a t t e r were located i n the Yukon and Northwest T e r r i t o r i e s i n the 16th century (Jenness 196*7:406), see Map no. 8. 10 Map 2 GLACIATION M A P 4 A P P R O X I M A T E D I S T R I B U T I O N O F I N D I A N T R I B E S N O R T H O F 6 0 , IN 1 7 2 5 A . D . ( a f t e r J e n n e s s ) 13 Indians of the Mackenzie and Yukon Basins The Tribes of the Mackenzie and Yukon Basins ranged .from the t r e e l i n e , extending roughly from the Mackenzie Delta to the point of i n t e r s e c t i o n of the 60th degree north l a t i t u d e with the western shore of Hudson's Bay, south and west over v i r t u a l l y a l l of the Yukon and the Northwest T e r r i t o r i e s . The pre-European popu-lationbin' .this area was estimated by Mooney (1928) to be about 12,000. These t r i b e s consisted mainly of woodland people, and although l i v i n g near the t r e e l i n e , some such as the Slave, Hare and Nahani r a r e l y ventured into the barren grounds. The Chipewyan, Dogrib, Kutchin and Yellowknives when i n pursuit of game, p a r t i c u l a r l y the migrating barren ground caribou, made frequent expeditions into the area north of the t r e e l i n e . These a b o r i g i n a l people as w e l l as the Inuit (Eskimos) farther north were completely s e l f - s u f f i c i e n t having evolved a way of l i f e which represented a true closed society. The seasonal character-i s t i c s of the game and f i s h upon which they were heavily dependent were r e f l e c t e d i n ' t h e i r dwellings, hunting patterns and s o c i a l organization. • The Indians of the Mackenzie Val l e y and Yukon r e l i e d heavily upon caribou f o r food, c l o t h i n g and sh e l t e r . The Chipewyan, Kutchin and Dogrib a l l hunted the barren ground caribou i n the fo r e s t region i n •The following discussion i s drawn p r i m a r i l y from Jenness (196(7). 14 winter and north of the t r e e l i n e i n summer. The t y p i c a l method of hunting the caribou was to spear them i n open water during the summer and by snare or bow and arrow i n winter. Although 'edge-of-the-wood' people, t h e i r natural reluctance to leave the f o r e s t i s perhaps t y p i f i e d by the fa c t that the Dogrib packed f u e l wood when going to the barren grounds. For a l l Indian t r i b e s these northern excursions were f o r a p a r t i c u l a r purpose and of short duration. The Slave Indians, who never l e f t the f o r e s t region, r e l i e d upon woodland caribou and moose for t h e i r main source of food. Snares were commonly used by a l l t r i b e s f or capturing various animals i n addition to the caribou including moose, waterfowl and hare: The a r t of trapping by means of wooden traps, which for the Slave included the beaver, was developed p r i o r to the a r r i v a l of the f u r -trader. F i s h also represented a s u b s t a n t i a l portion of the Indians! d i e t and as a r e s u l t they had developed, p r i o r to the a r r i v a l of the European, a wide range of f i s h i n g gear which included spears, bone hooks and nets, The Chipewyan made f i s h nets of babiche whereas the Dogrib, Slave and Hare used willow bark. The Kutchin,who also r e l i e d heavily on f i s h , used a l l of the above gear but i n a d d i t i o n had developed a double gaff, perhaps as a r e s u l t of t h e i r contact with the I n u i t , and a f i s h basket s i m i l a r to that used by the coastal Indians. Because of h i s t o t a l dependence upon country food, the northern Indian was keenly aware of the l i f e cycle of animals and f i s h and knew the value of various plants from the standpoint of food, tools and weapons. Concerning the judici o u s use of resources Jenness (1967.': 50) made the following comment: " c e r t a i n l y they were wasteful when buf f a l o and caribou were p l e n t i f u l and had no conception of the conservation of game; but then no conservation was necessary as long as they lacked f i r e arms, for natural increase more than o f f s e t losses". Stone tools formed the basis of the northern native's material c u l t u r e . P r i o r to the European's a r r i v a l the Indians and Inuit of northern Canada had no metals, except i n some i s o l a t e d cases where l i m i t e d use was made of copper, to make tools or weaponry. V i r t u a l l y a l l of the Mackenzie V a l l e y and Yukon Indians used two basic t o o l s , stone adzes mounted on wooden handles and knives made eit h e r of bone or caribou a n t l e r . With these they were able to convert timber in t o rough boards f o r use i n making such items as toboggans and paddles, and poles for t h e i r dwellings. Other wood products furnished by the northern Indian included canoes made from spruce bark and l e s s frequently b i r c h bark (in 1 9 6 9 the writ e r observed the Indians of Nahanni Butte, N.W.T., using a spruce-bark cahpe), snow shoes and various eating u t e n s i l s . Spruce bark was frequently used to cover pole frames i n the construction of dwellings. Spear-tips, daggers, arrowheads and c h i s e l s were made of bone or caribou a n t l e r . Some Chipewyan and Slave hunters had learned to use copper, a trading commodity which probably originated with the Eskimos of Coronation Gulf, for such items as arrowheads, hatchets and knives. For winter hauling the northern Indian developed a rough toboggan made by lashing planks together. The Kutchin however used the two-runner sled which may have been as a r e s u l t of t h e i r contact with the In u i t . Sleds were best suited to the hard packed snow of the barren grounds. The f a c t that other t r i b e s who also occasionally t r a v e l l e d i n the barrens did not also usedthe sled probably r e f l e c t s the f a c t that t h e i r northern excursions were l i m i t e d to the summer^and the softer snow conditions of the fo r e s t region, where they wintered, were more suited to toboggans. The dwellings of the northern Indian r e f l e c t e d h i s migratory l i f e and movements which were governed by the seasonal c h a r a c t e r i s t i c s of the f i s h and game. Except f o r hide coverings which were packed from one l o c a t i o n to another, the b u i l d i n g materials used were those i n the area of the campsite. Camps or i n d i v i d u a l dwellings were s t r a t e g i c a l l y located i n order to c a p i t a l i z e on the presence,in large numbers,of f i s h or game, f o r example at the t r a d i t i o n a l stream crossings of migrating caribou, and adjacent to good drinking water and f u e l sources. The summer dwellings of most Mackenzie Va l l e y and Yukon Indians consisted of c o n i c a l huts made from poles and covered with ei t h e r caribou hide or brush and spruce bark. V a r i a t i o n s of t h i s were the lean-tos of the Hare and the dome-shaped lodge of the Kutchin. The l a t t e r was usually 9?4i24fiiS. i n diameter at the base and consisted of arched willow poles both ends of which were driven i n t o the ground; 17 the frame was then covered with caribou skins, with a hole at the top and centre to allow smoke to escape. The Kutchin used the same type of dome-shaped b u i l d i n g i n winter simply by banking snow about i t and spreading coniferous boughs on the f l o o r . Winter dwellings for the balance of the northern Indians usually were low rectangular cabins constructed of poles, the walls chinked with moss and the roof covered with brush, bark or hides. The migratory nature of the northern hunter had a d i r e c t e f f e c t upon the s o c i a l structure i n which he l i v e d . The basic unit of s o c i a l organization was the family, dwelling together. In turn, r e l a t e d f a m i l i e s grouped together i n small bands i n order to hunt and f i s h i n s p e c i f i c geographic areas. The band, although i t was a r e l a t i v e l y stable unit with t e r r i t o r i a l boundaries, did fl u c t u a t e i n si z e with family groups dispersing and u n i t i n g depending on the season and the nature of the hunt. The t r i b e as an amalgamation of several bands did not e x i s t i n the northern context. Although several bands might unite f o r a few days during a t r i b a l f e s t i v e period the only c l e a r l y defined p o l i t i c a l unit was the band. Tribes were nothing more than groups of scattered bands with s i m i l a r speech and customs and common in t e r e s t s due to intermarriage but with no c e n t r a l governing authority. Each family group and band had a nominal leader i n whom was vested no r e a l authority. Because the composition of the bands varied, so did t h e i r leaders. During time of war each band selected an experienced hunter as i t s leader but when h o s t i l i t i e s ended so did h i s 18 mandate to lead. Bands were normally widely scattered i n order to take advantage of the best hunting areas within a region. For t h i s reason i t was d i f f i c u l t to organize large groups to wage lengthy wars, p a r t i c u l a r l y when i t required leaving known game and f i s h supplies. Hence wars were usually of short duration and l o c a l i n nature. Law and order within the band was based on public opinion rather than a l e g i s l a t i v e structure. Rules of conduct were handed down by word of mouth and where t h i r d party intervention was needed an informal council of hunters was formed to aid i n s e t t l i n g l o c a l disputes. The I n u i t ^ Whereas the d i s t r i b u t i o n of the northern Indian was confined e s s e n t i a l l y to the Yukon and the forest region of the Northwest T e r r i -t o r i e s , the Inuit and indeed t h e i r ancestors dating back at l e a s t 5000 years, were present i n various locations throughout the A r c t i c from Alaska to Greenland. In Canada the Eskimo way of l i f e , defined by Taylor (1968:2) as being a d i s t i n c t i v e culture and economy adopted to a tr e e l e s s country, divides into four major periods or stages, v i z : Pre-Dorset, Dorset, Thule, and Central Eskimo or Inuit. The Inuit of Canada prefer to use t h e i r own name for themselves rather than 'Eskimo' which i s a Cree word meaning 'eaters of raw meat'. Jenness (196'7/:408) pointed out that despite the name, the Eskimo always preferred cooked food and ate raw meat and f i s h only when driven by necessity. 19 The predecessors of the Pre-Dorset, the Denbigh people, came from the Bering Sea region (Giddings 1964:243, and Taylor 1971:160) and apparently these northern hunters were well -equipped to survive i n the (9) A r c t i c . In t h i s regard Giddings stated that "The f l i n t work of the Denbigh f l i n t complex, the oldest c u l t u r a l horizon yet i d e n t i f i e d i n the Bering S t r a i t region, i s not.only unique but possibly the world's most sophisticated. I t shows no signs of being brought there i n t o t a l from elsewhere". The Denbigh people moved eastward across northern Alaska, the c e n t r a l Canadian A r c t i c , the eastern a r c t i c islands to Greenland and ultimately down into Ungava Peninsula and the west coast of Hudson Bay (see Map no. 5). Sites of the Pre-Dorset cu l t u r e , which r e f e r s to the eastward development, through Canada, of the Denbigh F l i n t Complex, in d i c a t e that those people l i v e d i n small, widely scattered, nomadic bands. Moving seasonally i n order to hunt caribou and s e a l probably supplemented by f i s h and birds i n summer, the Pre-Dorset culture p e r s i s t e d to about 800 B.C. Discovered the 'Denbigh F l i n t Complex' at Cape Denbigh, Alaska, on the shore of the Bering Sea i n 1948. Giddings, J.L. "Early Man i n the A r c t i c " , June 1952 i n Early Man i n America - Readings from S c i e n t i f i c American, edte, R.S. MacNeish, W.H. Freemannand Company, San Francisco, 1972. At one time the Dorset culture was thought to have evolved from that of the Indian t r i b e s of the Great Lakes and St. Lawrence Vall e y region, however, i t i s now generally agreed that i t developed f i r s t within the Canadian Eastern A r c t i c from the Pre-Dorset culture (Taylor 1971:163) (see Map no. 6). The Dorset people appear to have l i v e d a seasonally nomadic l i f e s i m i l a r to t h e i r Pre-Dorset ancestors. One d i s t i n c t i v e difference i n the two cultures was the Dorset a r t which was characterized by d e l i c a t e carvings i n ivo r y , a n t l e r , and bone, depicting animals, f i s h , b i r d s and humanssv TKeeDorset also developed blades of ground and polished s l a t e which seemed to have no connection with the Pre-Dorset culture and they may have invented the snow house (Taylor 1971:164). About A.D. 900 the Dorset.culture began.to disappear and to be replaced by the Thule culture, the t h i r d major period i n Canadian Eskimo prehistory. Migrants of the Thule culture whose o r i g i n .was, as i n the case of the Pre-Dorset, the region of the Bering Sea, began moving eastward from Alaska about 900 A.D., and along the a r c t i c coast and northward through the a r c t i c islands (see Map no. 7). The Thule people were even better equipped to liyje-in a t r e e l e s s country than were t h e i r ancestors. The Thule hunter made extensive use of dogs for hunting and hauling sleds thereby increasing h i s e f f i c i e n c y and m o b i l i t y , w h e r e a s there i s l i t t l e evidence that the Dorset people had domesticated the dog. Crowe (1969:21) suggested that the rapid spread of the Thule culture through the A r c t i c was probably due i n large part to dogteam transportation. 24 Perhaps the most s i g n i f i c a n t feature of the Thule culture was the development of gear and expertise with which to hunt the baleen whale. This r e l a t i v e l y large and constant source of food a v a i l a b l e to those e a r l y whalers allowed them to lead l e s s nomadic l i v e s and resulted i n the construction of larger and more permanent settlements. The Thule winter v i l l a g e c c o n s i s t e d of between s i x and t h i r t y houses s o l i d l y b u i l t of stone slabs and sod set over a whalebone framework. The Thule people also used snowhouses for temporary accommodation. The art of construction was probably learned from the Dorset culture since snowhouses were not an Alaskan feature (Taylor 1971:167). 'I? The Central Eskimo culture was very s i m i l a r to that of the Thule people from which i t evolved. This fourth and f i n a l stage i n the c u l t u r a l evolution of the Canadian Eskimo appeared i n the 18th century. These recent people derived d i r e c t l y from the Thule culture which ended mainly because of a marked decline i n whale hunting. Taylor (1971:168) ^ ( o considered that the decline i n whale hunting may have been i n part a (12) r e s u l t of a harsher climate during the period 1650-1850 reducing the whales' summer range; also the presence of the European whalers further reduced the whale population. With the decline i n whaling the Thule had to resort to a more nomadic l i f e , r e l y i n g upon the more scattered herds of seal and walrus The ' L i t t l e Ice Age' from 1650 to 1850 may also have been the reason for the Thule population withdrawing from the Canadian A r c t i c Islands of Ellesmere, Devon, Somerset, Cornwallis and Bathurst (Taylor 1971:168). 25 and i n the process abandoned t h e i r large permanent v i l l a g e s and gradually s h i f t e d to the snowhouse on the sea i c e . The change from Thule to Central Eskimo culture was completed with the a r r i v a l of the European. The pre-European population of Canadian Inuit was estimated by Mooney (1928) to have been about 28,000. Nearly a l l of the Eskimo made t h e i r homes along the coast where they could hunt sea mammals year round, and, i n summer, harvest the migrating salmon. Unlike the bands of Indians described e a r l i e r the Inuit did not follow the movements of the caribou throughout the year but b a s i c a l l y l i m i t e d the hunt to a two or three month period when the summer migration took the caribou to t h e i r northern grazing and calving grounds. The 'Caribou' Eskimos, a small group who l i v e d inland from the western shore of Hudson Bay did r e l y on the barren-ground caribou as t h e i r prime food source and v i r t u a l l y never went to the coast for sea mammals (see Map no. 8). According to Jenness (1967>:407) the barren-ground or 'Caribou' Eskimos constantly suffered from famine during the winter months, since most of the caribou migrated southward to graze near the t r e e l i n e . Coastal Eskimos were also better o f f than those who l i v e d inland due to the fa c t that the blubber of the sea mammals, p a r t i c u l a r l y the s e a l , provided a f u e l much superior to caribou f a t . This f u e l , burned i n soapstone lamps, was used for l i g h t and heat as w e l l as for cooking and thus rendered the winter homes of those on the coast more comfortable than those of the inland Eskimo. The Eskimos of the Mackenzie Delta region used nets to capture seals but unlike the Indians did not use fish-nets u n t i l a f t e r the a r r i v a l Map 8 27 of the European, although the l a t t e r point has been questioned by Mathiassen (see Jenness 1967<:411) . From roughly October to May, when the sea was i c e covered, the breathing hole method of sealing was employed. During open water periods, seals were stalked as they lay on the shore or f l o a t i n g i c e . During these periods seals were also harpooned from kayaks. The Eskimo could not construct pounds i n which to capture caribou as did the Athapaskan Indians due to the absence of large willow or other woody plants. However, they could organize group hunts whereby caribou were herded into the water and speared. They also devised a system whereby caribou were driven between two converging rows of stone (14) monuments (inukshuks) toward concealed hunters. It was pointed out e a r l i e r that j u s t p r i o r to the time of the European's a r r i v a l the form of settlement and s t y l e of the Thule dwelling began to undergo change due to a d e c l i n i n g whaling economy. The return to a more nomadic way of l i f e resulted i n an increased use of the snowhouse. Where driftwood was a v a i l a b l e , as i n the Mackenzie Delta The kayak was used mainly for hunting and crossing small lakes and r i v e r s whereas the umiakjj-,; a l a r g e r , open v e s s e l , propelled by oars, was used for coastal t r a v e l . According to Jenness (1965:110) the Eskimos were the only native people i n Canada to propel t h e i r boats by oars. Taylor (1972:77) has described i n d e t a i l t h i s system of caribou hunting. 28 region and the Tuktoyaktuk peninsula, more permanent winter dwellings were made of logs. These log houses were rectangular i n shape, semi-subterranean and turf-covered with long underground passageways and entrances i n the f l o o r . The universal summer dwelling was the skin tent of caribou or s e a l , c o n i c a l shaped i n the western A r c t i c and with a ridge i n the eastern A r c t i c . Because of the p a r t i c u l a r conditions under which they l i v e d the dress of the Canadian Eskimo'- was unique compared with the clothing of the various Indian bands to the south. S h i r t s (long pullovers with hoods and extended t a i l s ) , breeks and stockings were all'made of caribou f u r , shoes and boots of seals k i n . A l l were worn double i n winter with the fur of the inner garment against the body. Hunters also used se a l s k i n s h i r t s during wet weather since caribou hide loses i t s fur with dampness. The whole o u t f i t , even i n winter, weighed only about f i v e pounds. Reference has already been made to the s k i l l s of the early ancestors of the ^ rLesentt'Eskimory, as i l l u s t r a t e d by the Cape Denbigh s i t e , i n chipping f l i n t for blades and p r o j e c t i l e points. Subsequent cultures, b u i l d i n g on.this a r t i s a n s h i p , excelled i n the manufacture of various t o o l s , weapons and u t e n s i l s . From f l i n t and quartz were made, for example, arrowheads, speartips, knife blades, saws and d r i l l s ; and ( 1 5 ) from ground s l a t e , s i n g l e and double-edged knives were made. From In the Coronation Gulf area, l o c a l copper was substituted for f l i n t and s l a t e i n a l l cutting t o o l s . 29 bone, antler and ivory the Eskimo learned to manufacture such items as: shoeing f o r sled runners; i c e - c h i s e l s ; arrows; harpoon parts; various handles; needles and thimbles. The Eskimo talent f o r carving was not l i m i t e d to meeting t h e i r material needs but included sculpturing and engraving which r e f l e c t e d a love of a r t . For examples of some of t h i s early work see Taylor (1968:10^11) and Jennings (1974:348-349). I t should be noted too that t h e i r l i v e s were made r i c h e r through the expression of t h e i r heritage i n song, storygsj and dance and through various games which they -played. General rules of conduct handed down by each generation regulated l i f e within the small but widely scattered Eskimo groups. Even le s s structured than the bands of northern Indians, Eskimo communities recognized no ch i e f s and members were never coerced or made to comply with pre-set conditions. For a n t i - s o c i a l p ractices such as theftoor. murder the penalty was death either by sentence of the group or through the operation of a blood-feud. However, discord was not common and there was l i t t l e need f o r established authority (Jenness 196?: 416). (16) The importance of Eskimo women within the family group was well recognized and t h e i r respective p o s i t i o n was superior to the women of the Athapaskan Indian bands to the south and west. According to Jenness (1967>:420) t h i s was due i n large part to the i n d i s p e n s a b i l i t y of expert seamstresses for making t a i l o r e d c l o t h i n g necessary f o r l i f e i n the A r c t i c . On t h i s point Birket-Smith (1929:1260) stated "among the Caribou Eskimo there are no c h i e f s , no clan system and no lay bonds upon the i n i t i a t i v e of the i n d i v i d u a l . They know no government." 30 The successful hunter shared his catch with other members of the group hence, over time, no i n d i v i d u a l or family was better, or le s s w ell o f f , than others. However, because the supply of food a v a i l a b l e to any group or community was l i m i t e d , no long-term welfare program was pos s i b l e . Thus during periods when food was i n p a r t i c u l a r l y short "supply it'was sometimes necessary to regulate the number of mouths to f e e d > 8 > The Concept of Land Both the Indians and Inuit held various b e l i e f s concerning the supernatural world and practised c e r t a i n customs with regard to t h e i r p h y s i c a l and mental well-being. Several'authors including Tuan (1974:83) and Blue (1974:192) have discussed the native's perception of land with respect to creation ;and Berry (1974:203) stated that "despite a range of uses of land among native peoples i n Canada, a strong c u l t u r a l and psychological attachment to i t i s c h a r a c t e r i s t i c of most of them." Considering h i s t o t a l dependence upon the land to provide food, c l o t h i n g , shelter and energy, i t i s not s u r p r i s i n g that i t came to have a p h i l o s o p h i c a l and r e l i g i o u s meaning for native people of the pre-contact period. For example, the Athabascan's concept of earth (dinedah), as the woman and the sky, as the man. Dinedah was considered Population control included female i n f a n t i c i d e , s e n i l i c i d e , i n v a l i d i c i d e , adoption and migration. 31 the beginning, the s p i r i t from which l i f e came, the place from which succour came and the place to'which the s p i r i t returned (Blue 1974:193). With t h i s a l l - i n c l u s i v e concept of land i t i s not s u r p r i s i n g that neither the northern Indians nor the Inuit considered i t i n terms of p r i v a t e property. Jenness (196S:124) pointed out that land was never sold or alieriateddin any way. Although personal property passed between i n d i v i d u a l s there were no i n d i v i d u a l owners of r e a l property since land used for hunting, trapping and f i s h i n g purposes belonged to the band and was a p r e r e q u i s i t e for s u r v i v a l . Any rules pertaining to land were r e a l l y game laws," for example the need for a group to obtain permission before hunting i n another group's area. There appears to be at l e a s t one area where the i n d i v i d u a l did exercise some authority over natural resources. Driftwood dragged from the water and up the shore to a point above high water became the property- of the i n d i v i d u a l Eskimo f i n d i n g i t . Using a method c h a r a c t e r i s t i c of present day forest companies, the owner would then apply h i s mark to the wood. In the case of the Eskimo t h i s was done using a stone adze. 32 CHAPTER TWO. THE INTRODUCTION OF WESTERN CULTURE (i) E a rly Exploration, Discovery and Occupance It i s nearly 400 years since Frobisher's voyages to the Canadian A r c t i c . Although they marked the beginning of an era of discovery, they had l i t t l e , i f any, l a s t i n g e f f e c t upon the l i f e of the northern native. I t would be another 200 years before Europeans would a c t u a l l y penetrate the closed system of which the northern Indians and Inuit had been a part for thousands of years. As a r e s u l t of the fur trade,long standing patterns of land use began to change. Trading posts, the f i r s t of which was established north of 60 i n 1786, became regional f o c a l points and i n some cases provided the impetus f o r the growth of settlements. As settlements grew they often included church missions, thus introducing'another established element to a hitherto nomadic population. This chapter considers the period of nearly 300 years between Frobisher's discovery and the termination of the Hudson's Bay Company monopoly. I t attempts to portray the nature of western society's entry into the north and the r o l e played by the explorer, trader and missionary. That much of the discussion centres on the Mackenzie V a l l e y and the Yukon T e r r i t o r y r e f l e c t s the fac t that u n t i l t h i s century there were no trading posts i n the t e r r i t o r i e s east of Great Slave Lake (see Map no. 12). The chapter concludes with observations concerning the changes which took place during and following the contact period. I t i s 33 important to bear i n mind that the observations apply to s p e c i f i c areas and groups of native people, hence i t i s necessary to exercise some, d i s c r e t i o n when drawing general conclusions about the whole of the north. Not u n t i l Martin Frobisher's t h i r d expedition to B a f f i n Island i n 1578 A.D. was an attempt made to e s t a b l i s h a European colony i n the Canadian A r c t i c . During several centuries p r i o r to t h i s date,voyages of discovery had taken place i n the north A t l a n t i c and eastern North America. The f i r s t record of polar discovery i s that of Pytheas, a Greek c i t i z e n of considerable and diverse t a l e n t s , from the Mediterranean colony of M a s s i l i a r In 320 B.C. Pytheas, having completed a commission for the merchants of M a s s i l i a , s a i l e d north and west from B r i t a i n for ( 1 9 ) s i x days to Thule, an A r c t i c Island. Pytheas described the frozen sea surrounding Thule as follows (Strabo c. 7 B.C.:399): "...there was no longer e i t h e r land properly so-called, or sea, or a i r , but a kind of substance concreted from a l l these elements, resembling a sea-lungs - a thing i n which, he says, the earth, the sea and a l l the elements are held i n suspension; and t h i s i s a sort of bond to hold a l l together, which you can neither, walk nor. s a i l upon." ( 1 9 ) Pytheas described Thule as being "...the most northerly of the Britannic Islands, i s farth e r e s t nor th,, and that there the c i r c l e of the summer,tropic i s the same as that of the a r c t i c c i r c l e . " From t h i s Strabo (c. 0 B.C.:441) deduced the l a t i t u d e of Thuie to be 66° north. Kerwan (1959:16) suggested that Thule was probably Iceland. 34 Convinced that he could proceed no further, he returned to the Mediterranean. Thus at the time Pytheas was cautiously observing the 'frozen north' from i t s periphery, people of the Dorset culture i n the Canadian A r c t i c were mastering i t at i t s centre and would leave for future c i v i l i z a t i o n s proof of t h e i r culture i n the form of f i n e carvings of -ivory and a n t l e r . Following the discovery, settlement and- c o l o n i z a t i o n of Iceland and Greenland by the Vikings i n the ninth and tenth centuries A.D., r e s p e c t i v e l y , the voyages of J e r j u l f s s o n and Eriksson led to the discovery of B a f f i n Island, Labrador and Newfoundland i n about 1000 A.D. By the 13th century the Norse colonies on Iceland and Greenland had begun to wane. F i n a l l y the combination of a progressively colder climate and a decline i n Norwegian sea-power (Kerwan 1959:18) led to the abandonment, i n the 15th century, of Norway's crown colony i n Greenland. However, coincident with the termination of c o l o n i a l a c t i v i t i e s i n the north A t l a n t i c was a new thrust, namely Europe's determination to f i n d a sea-route to the kingdoms.of Cathay. The voyages of Columbus, Cabot and C a r t i e r i n the l a t e 15th and f i r s t h a l f of the 16th centuries had done l i t t l e to sustain i n t e r e s t i n the p o s s i b i l i t y of a western passage to the Orient. As a r e s u l t B r i t a i n turned her attention eastward i n search of a North-East Passage, around Russia, and for twenty-five years following 1 5 5 1 ^ ^ she On December 12, 1551, 'TheMysterie and Companie of the Merchants Adventurers f o r the Discoverie of Regions, Dominions, Islands and Places unknown' was established. This Company of Merchant Adventurers, with Sebastian Cabot i t s f i r s t governor, directed i t s e a r l i e s t a c t i v i -t i e s to the search for a North-East Passage (Kerwan 1959:28). 35 a c t i v e l y pursued exploration and trade i n that region. By 1576 a rekindled i n t e r e s t i n the p o s s i b i l i t y of a North-west route to Cathay again s h i f t e d B r i t a i n ' s attention to the New World and the Canadian A r c t i c . In June of that year Martin Frobisher, an Englishman born i n Yorkshire about 1538, s a i l e d f o r the Canadian A r c t i c , commissioned by the Muscovy Company to search for a North-West Passage. Christopher H a l l , Frobisher's Master aboard the ship Gabriel recorded, "The 11 August we found our l a t i t u d e to be 63 degr. and eight (21) minutes, and t h i s day we entered the s t r e i g h t " . On the 19th of August, Frobisher and h i s men sighted Canadian Eskimos for the f i r s t time. H a l l continued: "...the Captaine and I tooke our boate, with eight men i n her, to rowe us a shoare, to see i f there were there any people, or no, and going to the toppe of the Island, we had sight of seven boates, which came rowing from the East Side, toward the Island: whereupon we returned aboard againe:...then I went on shoare my s e l f e , and gave every of them a threadden point, and brought one of them aboard of me, where hee did eate and drinke, and then c a r r i e d him on shoare againe." This i n i t i a l c o r d i a l i t y was not sustained however and Frobisher, having had f i v e of h i s men captured, kidnapped one of the Eskimos., Unsuccessful i n h i s attempt.to exchange h i s captive f or the f i v e crew members, Frobisher s a i l e d for England August 26th, 15 days a f t e r h i s a r r i v a l . The Eskimo died i n England s h o r t l y a f t e r the Now known as Frobisher Bay at the south-eastern t i p of B a f f i n Island. 36 . (22) expedition returned October 1576 (McFee 1928:53). Frobisher f u l f i l l e d h i s promise to Michael Lock, one of the p r i n c i p a l s i n the Muscovy Company, by bringing back 'something from the land' to commemorate h i s f i r s t l a n d f a l l i n the New World. I t happened to be a piece of black rock and'ultimately resulted i n the f i r s t European land use operation i n the Canadian A r c t i c . Upon re c e i v i n g the piece of rock, Lock who was no doubt concerned about his s u b s t a n t i a l f i n a n c i a l p a r t i c i p a t i o n i n Frobisher's voyage, wondered about i t s value. Undismayed'by three independent assays which showed the rock to havenno commercial value he took heart from a fourth assayer who detected 'a l i t t l e powder of gold' (McFee 1928: 57). Lock, s u f f i c i e n t l y encouraged, promoted the formation of the Cathay Company and became i t s f i r s t governor. Commissioned by the Company and Queen El i z a b e t h I, Frobisher again s a i l e d to the New World. He returned to England i n September 1577 with 200 tons,of the black 'ore' dug from one of the islands near the mouth of Frobisher Bay. While there he met more Eskimos but f a i l e d to f i n d any trace of h i s f i v e crew members l o s t the previous year. Although the 200 tons of rock proved to be no more valuable than the o r i g i n a l piece, Lock was able to gain a d d i t i o n a l financing for the now insolvent Cathay Company, and i n May 1578 Frobisher once again " This was not the f i r s t Eskimo to be so treated; i n 1501 Gaspar Corte-Real took to Portugal 50 captured Eskimos, probably from Labrador (Cooke and Holland 1970:173). 37 s a i l e d for the Canadian A r c t i c . The t h i r d voyage, unlike the f i r s t two, was for purpose of c o l o n i z a t i o n and included f i f t e e n ships and 100 men, including 30 Cornish miners and a governor f o r the proposed colony. Frobisher's plan to mine gold during the winter had to be.abandoned when h i s f l e e t was caught i n a storm and he l o s t a ship which c a r r i e d h a l f of a prefabricated b u i l d i n g , which was to have housed the miners. Aft e r inadvertently entering Hudson S t r a i t , which Frobisher named 'Mistaken Straytes' he returned to Frobisher Bay where he moored h i s ships near the Countesse of Warwicks Island, whereupon he ordered the miners ashore. Before leaving f o r England with 1000 tons of the black rock he b u i l t a small house and h i s chaplain held a r e l i g i o u s -(23) service on the i s l a n d . During Frobisher's absence the 'gold ore' was proved beyond question to be worthless and the Company of Cathay was placed i n rece i v e r s h i p . Thus ended phase one of Europe's presence i n the Canadian A r c t i c . Beyond the fate suffered by the one unfortunate captive, the Thomas E l l i s , one of Frobisher's o f f i c e r s , i n h i s account of the t h i r d voyage, said, "But before.we tooke shipping, we builded a house i n the Countesse of Warwicks Island...Also here we sowed pease, come, and other graine, to prove the f r u i t f u l n e s s of the soyle against the next yeere. Master W o l f a l l on Winters Fprnace, preached a godly sermon, which being ended, he celebrated also a Communion upon the land." (Hakluyt 1927:163,265). 38 l i f e of the Eskimo people was not p a r t i c u l a r l y affected by Frobisher's three v i s i t s . Europe's f i r s t attempt at land use i n the Canadian A r c t i c resulted i n considerable t r a v a i l and no reward. However, there were gains; f i r s t - h a n d observations of the North's o r i g i n a l occupants and t h e i r way of l i f e were noted, the entrances to Hudson S t r a i t and Frobisher Bay were mapped and several islands on Canada's eastern A r c t i c shore were discovered. The next attempt at northern settlement would not come for 100 years but during the interim the search f o r a North-West Passage continued and much of Canada's eastern A r c t i c shoreline was explored. (24) Between 1585 and 1616, Davis, Weymouth, Bylot and B a f f i n explored and mapped the coast of B a f f i n Island from Lancaster Sound, at i t s northern extremity, southward to Hudson S t r a i t , i ncluding Cumberland Sound and Frobisher Bay. (25) Henry Hudson, sponsored by the Northwest Company, explored the north shore of Hudson S t r a i t and followed the east coast of Hudson Bay south to James Bay where h i s ship the 'Discovery' was caught i n the ic e i n the winter of 1610-11. Thomas Button, also sponsored by the Bylot and B a f f i n i n 1616 s a i l e d north as fair as Smith Sound, between Greenland and Ellesmere Island, about 78° N Lat. and also discovered Jones Sound between Ellesmere and Devon Islands where they landed. Not to be confused with the 'North West Company', formed i n 1779 and discussed l a t e r . 39 Northwest Company, discovered Coats and Mansel Islands at the entrance to Hudson Bay and explored the west coast of Hudson Bay between the C h u r c h i l l River and Roes Welcome Sound, wintering there i n 1612-13. Others, including Foxe and Munk who was sponsored by King C h r i s t i a n IV of Denmark, and James added to the knowledge of Hudson and James Bays with t h e i r expeditions between 1619 and 1632. ( i i ) Enter the Trader Indians around the Gulf of ,St. Lawrence had already been aware of the European's i n t e r e s t i n furs by the time of C a r t i e r ' s a r r i v a l there i n 1534 (Biggar 1901:49) and during the next 100 years fur trading f l o u r i s h e d i n the region of the St. Lawrence and Ottawa River V a l l e y s . By the middle of the 17th century French-Canadian f u r -traders were t r a v e l l i n g as f a r as Lake Huron and Lake Superior i n order to acquire new sources of fur and maintain the e x i s t i n g trade i n Canada. Two of these fur-traders-, convinced that the best approach to expansion of the Canadian fur-trade lay v i a Hudson Bay rather than the St. Lawrence, went to London where they received an audience from King Charles I I . The two traders apparently made t h e i r point f o r a group of London f i n a n c i e r s , none of whom had to contribute more than Medard Chouart, Sieur des G r o s e i l l i e r s , born i n France, migrated to Canada i n 1641, and P i e r r e E s p r i t Radisson, probably born i n France, migrated to Canada as a boy and was captured by the Mohawk Indians i n a r a i d on Troi s R i v i e r e s i n 1651. 40 200 pounds each (Rich 1960:33), provided s u f f i c i e n t funds to support a voyage to Hudson Bay. In June 1668, two ships, the Nonsuch and the Eaglet, l e f t London bound f or Hudson Bay. Only the Nonsuch, with G r o s e i l l i e r s aboard, reached her destination; the Eaglet with Radisson returned to Plymouth i n August of the same year. A f o r t was.built at the mouth of the Rupert River (Fort Charles) and the crew wintered there carrying on successful trade with the Indians. In October 1669 the Nonsuch returned to London where her cargo of fur was quickly sold f o r £l,379 6s. lOd. (Rich 1960:42). A northern rfur-trade appeared to be a reasonable commercial venture and from t h i s beginning i t proceeded to shape the pattern of development and land use i n the Canadian North over the next 200 years. Following the success of the f i r s t trading expedition, steps were taken to safeguard the future p o s i t i o n of the project's f i n a n c i a l contributors. In A p r i l 1670, Prince Rupert, cousin of King Charles I I , put forward to Privy Council a d r a f t charter on behalf of those who had pa r t i c i p a t e d i n the f i r s t venture and on May 2nd 1670 a Charter was granted under the Great Seal of England. Under the Charter the eighteen 'Adventurers' who.had by May 1670 subscribed to support the voyages were incorporated by the name of the "Governor and Company of Adventurers of England tradeing into Hudson's Bay", and Prince Rupert was nominated Governor. Under the Charter the Company was granted the "sole.Trade and Commerce of a l l those Seas Streightes Bayes Rivers Lakes Creekes and Soundes i n whatsoever Latitude 41 they s h a l l bee that lye within the entrance of the Streightes commonly c a l l e d Hudsons Streightes together with a l l the Landes and T e r r i t o r y e s upon the Countryes Coastes and confynes of the Seas Bayes Lakes Rivers Creekes and Soundes aforesaid that are not a c t u a l l y possessed by or granted to any of our Subjectes or possessed by the Subjectes of any other C h r i s t i a n Prince of State". These lands, to be known as Rupert's Land, were considered as a p l a n t a t i o n or colony and the Company claimed t h e . r i g h t s t t o minerals and f i s h as w e l l as the exclusive trade and the land i t s e l f . The 'Company of Adventurers' moved quickly to e s t a b l i s h i t s p o s i t i o n i n the area surrounding Hudson Bay. Fort Charles, b u i l t i n 1686 by G r o s e i l l i e r s and the crew of the Nonsuch, was chosen as the s i t e for i t s f i r s t , permanent post with the construction of Rupert's House i n the f a l l of 1670. During the next ten years two other posts were (27) established i n James Bay and a depot-warehouse to service them. In 1682, Radisson and G r o s e i l l i e r s b u i l t a trading post, Fort Bourbon, on the west coast of Hudson Bay, south of the Nelson River. The two men by t h i s time had l e f t the Hudson's Bay Company and were aware of i t s plans to e s t a b l i s h i n the region of the Nelson River. Two years l a t e r the Hudson's Bay Company b u i l t York Factory :alongside~. Fort Bourbon and i n 1685 b u i l t i t s second f o r t on the Hudson Bay coast at the mouth of the Severn River. During t h i s e n t i r e period the French competed for northern (27) Moose Factory i n 1673; Fort Albany i n 1679; and a warehouse depot on Charlton Island 1680. 42 furs by sending overland expeditions from Quebec to James Bay. This competition was,not l i m i t e d to intercepting and trading with Indians en route to Company posts but included the capturing of posts. In 1697 the Treaty of Ryswick gave France the r i g h t to Fort Albany and to trade i n 'Bottom of the Bay' (Rich 1960:347). However, the Treaty of Utrecht i n 1713 between B r i t a i n and France reversed the terms of the former treaty and provided for the r e s t o r a t i o n of Hudson Bay to Great B r i t a i n and o f f i c i a l recognition of the Hudson's Bay Company t i t l e to Rupert's Land. By 1718 stone bastions were planned for several of the trading posts, including those at Moose, Albany and Nelson, and i n 1731 construction of a stone f o r t r e s s at C h u r c h i l l was underx^ay (Innis 1956:130). The 18th century also saw a renewed i n t e r e s t i n the north's (28) mining p o t e n t i a l . Beginning with Henry Kelsey's voyage i n 1719 at le a s t eight separate mining ventures were undertaken, none of which was successful (Cooke and Holland 1971:503,699). As early as 1715 the Hudson's Bay Company had sent one of i t s men, William Stewart, as far west as Great Slave Lake, i n order to persuade the Chipewyan Indians to trade at York Factory. A map, prepared i n 1760 for Moses Norton, the Governor of the Company, situated at Sailed northward along the west coast of Hudson Bay from C h u r c h i l l as far as 62°40'N, i n search of copper and to develop trade with the Eskimo. 43 MAP 9 MOSES NORTON'S DRAUGHT OF THE NORTHERN PARTS OF HUDSON BAY, RE-ORIENTED AND AMENDED BY R.I. RUGGLES (1971) 44 Prince of Wales Fort, r e f l e c t s the European's knowledge of Canada west of Hudson Bay at that time. The map based on the journeys of Norton and Stewart as w e l l as information provided by the northern Indians and Inuit covered a considerable area including the Coppermine River, Great Slave Lake, Lake Athabasca and the Peace, Athabasca, Saskatchewan, Nelson and C h u r c h i l l Rivers (Map no. 9). Having some knowledge of the vast region to the west of Hudson Bay and encouraged by the reports from Indians trading at the f o r t , Norton commissioned Samuel Hearne to journey to the Coppermine (29) River i n search of copper. In 1772, a f t e r two e a r l i e r attempts, Hearne reached the Coppermine River and descended i t to i t s mouth but did not f i n d copper ore i n s u f f i c i e n t quantities to warrant further i n t e r e s t . It was the formation of the North West Company which The i n s t r u c t i o n s to Hearne from Norton dated Nov. 6, 1769 stated i n part: "...a r i v e r represented by the Indians to abound with copper ore...and i s supposed by the Indians to empty i t s e l f into some ocean the A r c t i c Ocean...Be c a r e f u l to examine what mines are near the r i v e r , what water there i s at the r i v e r ' s mouth, how far the woods are from the sea-side.. .And i f the said r i v e r be l i k e l y to be of any u t i l i t y , take possession of i t on behalf of the Hudson's Bay Company..." (Hearne 1968). The f i r s t North West Company co-partnership was formed i n Montreal i n 1779 (Campbell 1957:1); subsequent reorganizations involving competitors took place i n 1787 and 1804 (Stager 1962). 45 eventually spurred the Hudson's Bay Company to a l t e r i t s established trading pattern around Hudson Bay and expand westward through/-, northern Canada. By 1786 the North West Company had established a post on the (31) south shore of Great Slave Lake, now Fort Resolution. Hoping to open up new trading routes to the P a c i f i c Ocean on behalf of. the North West Company, Alexander Mackenzie, i n 1789, followed the r i v e r which now .bears h i s name i t s e n t i r e length from Great Slave Lake to the Beaufort Sea. Although personally disappointed i n not reaching the P a c i f i c , h i s discovery opened up a vast new region and by 1817 the North West Company had established several posts down the Mackenzie (32) River V a l l e y . v 1 Innis (1956:279-280) referred to the 'violent e f f o r t s ' of the North West Company to check the westward advancement and subsequent (33) encroachment on the Athabasca of the Hudson's Bay Company during (31) (32) (33) This was the f i r s t trading post to be established north of 60. Including Lac La Martre 1789, Trout Lake River 1796, Great Bear Lake Fort 1799, the 'Forks' (Fort Simpson)'1803, Fort Good Hope 1804, Fort L i a r d 1805, Fort Norman 1810 and Willow Lake River 1817. For a discussion of the h i s t o r y of trading posts i n the Mackenzie Region up to 1850 see Stager (1962). The Hudson's Bay Company b u i l t Harrisons House, near the eastern end of Lake Athabasca i n 1819, the North West Company having e a r l i e r abandoned i t s post situated nearby (Cooke and Holland 1971:916). 46 the f i r s t two decades of the 1800's. This struggle u l t i m a t e l y l e d to the amalgamation of the two companies i n 1821. One of the f i r s t acts of the amalgamated Company i n re-organizing the Mackenzie D i s t r i c t was the construction of a new post at the junction of the L i a r d and Mackenzie Rivers i n 1822 replacing the 'Forks' b u i l t by the North West Company i n 1803. This new post, (34) named Fort Simpson a f t e r Governor George Simpson became the administrative centre and d i s t r i b u t i n g point f o r other posts i n the Mackenzie V a l l e y . :9 Between 1823 and 1834, A.R. and J.M. McLeod, Murdock McPherson, and John Hutchinson a l l led expeditions on behalf of the Hudson's Bay Company in t o the region of the L i a r d , Nahanni, Beaver and Smith Rivers. In 1829 Fort Halkett was established on the L i a r d River and i n 1832 was relocated at the junction.of the Smith and L i a r d Rivers. It was not u n t i l the 1840's that the Company's operation extended into the Yukon. In the face of h o s t i l e opposition from native Following amalgamation, March 26, 1821, Governor George Simpson was placed i n charge of the whole trading t e r r i t o r y and four departments were formed: The Canadas; the Southern, east of Hudson Bay; the Western, west of the Rockies; the Northern, the t e r r i t o r y between Hudson Bay and the mountains and between the United States and the A r c t i c Ocean (Innis 1956:285). 47 (35) middlemen;, Robert Campbell established f o r t s at Dease Lake (B.C.) i n 1837, Frances Lake i n 1842 ' and Fort S e l k i r k at the junction of the P e l l y and Lewes (Yukon) Rivers i n 1848. At the same time as e f f o r t s to develop trade i n the southern Yukon were underway, new posts were being b u i l t i n the north. In 1840 Peel's River post, later;known as Fort McPherson, was established on the Peel River by John B e l l . In 1847 Alexander Murray established Fort Yukon f o r the Hudson's Bay Company at the confluence of the Porcupine and Yukon Rivers and began trade with the N a t s i t (Chandalar) Kutchin Indians i n competition with the Russian traders. Following Campbell's discovery i n 1851 that the Porcupine was a t r i b u t a r y of the Yukon, the d i f f i c u l t L i a r d River - Frances Lake route into the Yukon was abandoned. Thereafter, goods were taken down the Mackenzie to the Peel, over the portage to the B e l l and down the Considering the hardship and r i s k inherent i n the e f f o r t s of men such as Campbell to expand the Company's sphere of influence, promotions did not come e a s i l y . Governor Simpson i n a l e t t e r to Campbell dated July 4, 1837 s a i d , "...pleased at your s p i r i t e d tender of your services to e s t a b l i s h Dease's Lake...which has led to your promotion to the rank'of Clerk." Campbell i n h i s J o u r n a l s ~ 1808-1853, noted that h i t h e r t o he had been rated as postmaster. (36) The f i r s t post established i n the Yukon T e r r i t o r y . Porcupine to Fort Yukon (Innis 1970:291). ' Fort Yukon, the most westerly of the Company's posts, was subsequently moved twice up the Porcupine River when i t was found twice to be on the Alaska side of the U.S.-Canadian border (Stager 1974:29). ( i i i ) Missions Established Although Moravian missionaries were active with the Eskimos of Labrador as early as 1752 i t was more than a century l a t e r when the f i r s t permanent mission was established i n what i s now the Yukon and Northwest T e r r i t o r i e s . In 1820 the Reverend John West, a member of the Church Missionary Society, England, was appointed by the Hudson's Bay Company, chaplain to i t s settlement on the Red River south of Lake Winnipeg. This route and the confluence of the Porcupine and Yukon Rivers had been discovered by John B e l l i n 1845, however i t was not u n t i l Campbell had traced the Yukon River from the P e l l y River to the Porcupine that i t s importance was r e a l i z e d . On July 31, 1752 John C. Erhardt and four other Moravian missionaries landed on the Labrador coast at about l a t . 55°10'N (Nisbet's Harbour) where they b u i l t a house and traded with the Eskimos, leaving there i n the f a l l of thessame year (Cooke and Holland 1971:516). Permanent Moravian missions were established i n Labrador at Nain 1770, Okkak 1775 and Hopedale 1781. Each mission contained a dwelling, church, trading store and workshop; around t h i s nucleus the migratory Eskimos b u i l t wooden houses for the winter months (Jenness 1964:10). There he established a school for Indian c h i l d r e n and the Red River Settlement became the headquarters of the Church Missionary Society's North-West Canada Mission (Stock 1899:vol 1:246). From i t s founding (39) i n 1822 the North-West Canada Mission expanded northward and westward following the Hudson's Bay Cposts. In 1849 David Anderson was consecrated f i r s t Bishop of Rupert's Land and a r r i v e d i n Red River i n October of that year. Encouraged by reports of Anderson the Church Missionary Society sent-several men from England as lay schoolmasters to r e i n f o r c e the Mission at Red River. W.W. Kirkby was one of these men and a f t e r spending seven years at Red River he proceeded to Fort Simpson where, i n 1859, he established the f i r s t permanent Anglican mission i n the Northwest T e r r i t o r i e s (Stock 1899:vol 11:328). In 1858 Archdeacon Hunter had t r a v e l l e d with a Hudson's Bay Company brigade from Red River to Fort Simpson and remained i n the (41) Mackenzie Va l l e y for nearly a year v i s i t i n g the Company's posts at (39) (40) (41) I t was o r i g i n a l l y c a l l e d the North-West American Mission. Three members of S i r John Richardson's expedition i n search of F r a n k l i n , while wintering at Cumberland House i n 1847,fyworked on the construction of the church and furnishings (Boon 1962:62). ':r There i s evidence however that the f i r s t missionaries i n the Mackenzie River basin were James and John Hope, two of the f i r s t p upils of the Church Missionary School established i n the Red River settlement i n 1821 (Boon 1962:204). 50 Fort L i a r d , Fort Norman and Fort Good' Hope. The following summer he returned to Red River, meeting Kirkby en route. The f i r s t Roman Catholic missionary to journey to the Mackenzie appears to be Father H. Faraud, O.M.I., who v i s i t e d Fort Resolution from Fort Chipewyan i n 1852. While there he b u i l t 'with h i s own hands' a mission house on an i s l a n d i n Great Slave Lake about three miles off Fort Resolution (Duchaussois 1923:201). In 1858 Father Henri G r o l l i e r , O.M.I., established ;St. Joseph's Mission at Fort Resolution, the Mission of Immaculate Heart of Mary at Grande I s l e ( l a t e r moved to Fort Providence), and the Mission of Sacred Heart at Fort Simpson. The following year he established a d d i t i o n a l (43) missions at Fort Rae, Fort NormaSi and Fort Good Hope and at Fort When Mgr. Tache, Bishop of St. Boniface, paid h i s f i r s t v i s i t to London, England i n 1856, Lord C o l v i l l e , on behalf of the Hudson's Bay Company, i n v i t e d him to form a Roman Catholic mission at Fort Good Hope (Duchaussois 1923:267). An R.C. mission was established there i n 1859. The speed with which missions were established down the Mackenzie Vall e y i n the l a t t e r h a l f of the 19th century was p a r t l y due to the element of competition e x i s t i n g between the Anglican and Roman Catholic churches, e.g. Father G r o l l i e r wrote, "I came to Fort Rae from Fort Resolution. There are nearly 1200 Indians about t h i s post. I came as soon as I possibly could, because i t was' reported that Archdeacon Hunter would send a Protestant minister here..." S i m i l a r l y Father G r o i l i e r i s reported to have said at a meeting i n Fort Simpson August 26, 1860 "we s h a l l save the Fort' L i a r d Indians for the Church". On September 4, 1860 Father Gascon arri v e d i n Fort L i a r d three days ahead of the Anglican minister (Duchaussois 1923:198-204). However, there were many instances of co-operation as w e l l , e.g. i n June 1862 Father Sequin (who had taken over from G r o l l i e r ) accompanied Reverend Kirkby to Lapierre House, where he founded a ' l i t t l e ' R.C. mission. In the f a l l of the same year Father 'Sequin accompanied Robert McDonald to Fort Yukon from Fort Good Hope. McPherson i n I860.\. The f i r s t post b u i l t i n the western A r c t i c e x c l u s i v e l y f o r Eskimo trade was established at Fort Anderson i n $861. Roderick MacFarlane, who had explored the Anderson River i n 1857 and r e v i s i t e d i t on several occasions to trade with Eskimos, received permission from the Hudson's Bay Company to b u i l d a post there i n 1859. In the spring of 1861 he cut timber on the upper reaches of the Anderson near the CCaxnw.ath'; River. He then r a f t e d the t'imb.&r; down the Anderson to a s i t e some 180 kilometres from i t s mouth at about l a t . 68°30'N where he constructed the f o r t (Cooke and Holland 1972:392). I t was intended that Fort Anderson would become a f o c a l point of Eskimo trade and reduce the influence of Russian traders who had established an Eskimo trading chain along the north coast of Alaska. Stager (1967:53) suggested that the f o r t was poorly located for t h i s purpose and was a strong factor i n the decision to abandon the post i n 1866. In 1862 Rev. Kirkby and another Anglican clergyman, Robert (44) McDonald t r a v e l l e d from Fort Simpson to Fort Yukon v i a the Mackenzie, Peel and Porcupine Rivers. McDonald remained at Fort Yukon u n t i l 1871 at which time he moved to Fort MGRher-sbm. where he remained McDonald, whose father was a Hudson's Bay Company employee and homesteader i n the Red River V a l l e y and h i s mother a daughter of an o f f i c e r of the Hudson's Bay Co., was educated at the Red River Academy and took t h e o l o g i c a l t r a i n i n g from Bishop Anderson who . ordained him i n 1852. His son, N e i l McDonald, a respected member of the Yukon (community of Old Crow, s t i l l resides there. 52 for 33 years. During t h i s time he translated, with the assistance of hi s wife, one of h i s converts whom he married i n 1877, the Bible, Prayer Book and Hymnal into the Tukudh d i a l e c t . In nearly a l l cases the missions were established near a c t i v e trading posts. However, i n the case of Fort Providence i t was the reverse. In August 1861 Mgr. Grandin chose a new l o c a t i o n for the mission which had been established on Grande I s l e i n Great Slave Lake Gpf.o 50 ). The new s i t e , which eventually included an orphanage and a convent, he named 'Providence Mission'. I t eventually attracted so many Indians that the Hudson's Bay Company established a post there, 'Fort Providence'. By November 1862 the chapel had been constructed and-during the winter of 118635—64 an orphanage and two storey convent were completed. In 1869 there were 35 ch i l d r e n i n the orphanage^school, which was by then operated by the Grey Nuns, who were unable to accept more ch i l d r e n due to li m i t e d food supplies. The shortage of food was a problem common to a l l (45) missions i n the north. Reverend W.C. Bompas of the Anglican Church Born i n London, England, January 20, 1834, he arriv e d i n Fort Simpson i n 1865. During the 41 years he l i v e d and worked i n the Canadian north he t r a v e l l e d extensively throughout the Mackenzie D i s t r i c t and the Yukon T e r r i t o r y . In 1874 he was consecrated as f i r s t Bishop of Athabasca (an area which covered the current Dioceses of Athabasca, Yukon and Mackenzie R i v e r ) . In 1884 the southern portion of Athabasca was established as the Diocese of Athabasca; and the Mackenzie area and what i s now the Yukon formed a new Diocese, named Mackenzie River, with Bompas as i t s Bishop. Again a d i v i s i o n took place i n 1.891 with the formation of the Diocese of the Yukon. Bompas who always chose the more remote portion of a d i v i s i o n became i t s Bishop (Bishop Henry G. Cook, Yellowknife, pers. comm., 1974). 53 noted that h i s major concern during h i s f i r s t ten years i n the Mackenzie Va l l e y was famine and stated "a mission farm i n connection with a mission seems almost a necessity...the wild animals of the woods are ceasing to y i e l d even a precarious subsistence" (Boon 1 9 6 2 : 2 1 4 ) . ^ ^ Emile P e t i t o t , O.M.I., a Catholic p r i e s t who v i s i t e d the Mackenzie Delta i n 1868, was the f i r s t missionary to reach the A r c t i c coast of the mainland (Jenness 1964:15). Between 1864 and 1872, while stationed at Fort Good Hope, he t r a v e l l e d throughout the Mackenzie D i s t r i c t mapping much of the country and c o l l e c t i n g information on the language and customs of the native people including the compilation of a grammar of the d i a l e c t of the Mackenzie Delta Eskimo. In 1876 Rev. Edmund James Peck a r r i v e d i n the eastern A r c t i c aboard a Hudson's Bay Company supply ship to carry out missionary work among the Eskimo. Between 1876 and 1884 he t r a v e l l e d between Moose Factory, L i t t l e Whale River and Great Whale River and made three unsuccessful attempts to cross overland to Ungava Bay. During t h i s period he translated parts of the New Testament into s y l l a b i c s c r i p t Several mission farms have operated i n the north, for example, 'St. Bruno's Farm', established by Bishop Breynat near Fort Smith, N.W.T., i n 1911 (Duchaussois 1923:205^206). During the period 1953 to 1959 while Father Fumoleau was stationed i n Fort Good Hope the mission garden there produced as much as 300 sacks of potatoes annually which were shipped with the Fort Good Hope c h i l d r e n to the r e s i d e n t i a l school i n Aklavik.(pers. comm. F. Fumoleau 1974). (Pers. Comm. Cook:1974). 54 (47) (iv) Changing Patterns The impact of the Europeans upon the Ihuit and northern Indians during the 18th, 19th and early 20th centuries has been discussed by several authors including: B a l i k c i 1960, 1968; Hargrave 1966; Honigmann and Honigmann 1965; Jenness 1964, 1968; Stager 1974; Vanstone 1963; and Wolforth 1971. P r i o r to the a r r i v a l of the fur trader and whaler the northern native was s e l f - s u f f i c i e n t , l i v i n g i n balance with the natural conditions surrounding him. To varying degrees., he became less independent with the introduction of manufactured goods and European food staples. His natural desire to acquire commodities which would apparently "make l i f e e a s ier", i n i t i a t e d a seri e s of material, economic, s o c i a l and c u l t u r a l changes. Trading commodities included guns, ammunition, steel&topls, Peck used a s y l l a b i c system invented about 1839 by James Evans, a Methodist missionary, to f a c i l i t a t e h i s work among the Cree Indians of northern Ontario and Quebec (Jenness 1964:16) . The Eskimo of the Mackenzie Delta learned the use of English characters for w r i t i n g , p a r t i a l l y from Alaskan natives who a r r i v e d during the whaling era, from traders who followed the whalers, and from Anglican missionaries such as 1.0. Stringer, who resided at Herschel Island between 1896 and 1901 and translated parts of the New Testament into Eskimo. 55 f i s h nets and implements, such as axes, i c e c h i s e l s , knives, needles, metal pots and manufactured cl o t h i n g of wool and cotton. These were followed by food staples such as f l o u r , r i c e , sugar and tea and l a t e r items which pertained s p e c i f i c a l l y to trapping such as s t e e l traps, snare wire, canvas tents, wooden boats and canvas canoes. Caribou hunting and sealing became much more of an i n d i v i d u a l e f f o r t when the r i f l e replaced the bow, arrow and spear. Thus hunting, and f i s h i n g with f i s h nets, became l e s s of a communal undertaking and, i n many cases, the group or camp ceased to function, as an economic u n i t . This i n turn resulted i n the replacement of the strong sharing and co-operative ethic with one whereby the hunter retained h i s own catch. As the hunter became more dependent upon ammunition and more accustomed to the use of other consumables such as imported foodstuffs and manufactured cloth i n g , he became more fi r m l y locked into the trapper-trader r e l a t i o n s h i p . The trapper's allegiance was les s to h i s neighbour, although, i f possible, no one was allowed to starve, and more to the trader to whom he was often, i n debt. The l i f e of the hunter became more regulated as he attempted to meet h i s f i n a n c i a l obligations and to provide the trade-goods to which he and h i s family had become accustomed. In addi t i o n to spending a s u b s t a n t i a l portion of h i s time on the t r a p l i n e i t was necessary to make regular p e r i o d i c t r i p s to the trading post. In discussing the Indians of Old Crow,Stager (1974:46) stated that maintaining t r a p l i n e s resulted i n a greater dependence upon sled-dogs hence a d d i t i o n a l energies 56 were devoted to providing meat and f i s h to feed them. Trapping became a family enterprise and t h i s had the e f f e c t of reducing the cohesiveness of the group or band, c h a r a c t e r i s t i c of the precontact period. I t also a l t e r e d the long-standing concept of land use. (See also gar 17St7!)'s r"--- v • • Individual f a m i l i e s , with the trapper either working alone or with one partner, became the working u n i t . This l e d t t o the, sub-division of group hunting areas into t r a p l i n e s . As with the meat-sharing e t h i c , the communal concept of land r i g h t s , i n some instances, gave way to i n d i v i d u a l r i g h t s and the concept of 'land ownership' developed. When the Old Crow Indians began trapping, "ownership" of an area applied only to the time that a person trapped there. Through an informal process, areas were allocated and agreed upon p e r i o d i c a l l y and, over a period of time s"ownership" of any one area might vary. Eventually a trapper became i d e n t i f i e d with a c e r t a i n area and i t became known as 'his' t r a p l i n e (Stager 1974:40). This approach to t r a p l i n e s and land was not u n i v e r s a l . For example as l a t e as 1936 the Eskimo trapper of P e l l y Bay i n the eastern A r c t i c had no s p e c i f i c t r a p l i n e . His objection to non-relatives placing traps near h i s own was due not to any f e e l i n g of l o c a l r i g h t s over the land but only to a concern that h i s p e l t s might be stolen ( B a l i k c i 1960: 17). I t was also pointed out by B a l i k c i (1960:20) that the Povungnituk Eskimo had traplinesaand indeed recognized the r i g h t s of an i n d i v i d u a l or a family to land and accepted the notion of i n h e r i t i n g a t r a i l from 57 one's elders. Thus, following the a r r i v a l of the European, land assumed another dimension (the means to acquire a new range of goods) and, i n some cases, the concept of i n d i v i d u a l , as opposed to group, land r i g h t s evolved. CHAPTER THREE. LAND USE AND THE LAW 1870-1970 Cil Introduction. The acumen and way of l i f e of the native hunter were e s s e n t i a l ingredients i n the success of the fur trade. Thus i t behooved the fur trader to minimize the d i s r u p t i v e force of h i s presence on the man-r land r e l a t i o n s h i p which had evolved i n the north over thousands of years. It was v i r t u a l l y not u n t i l the discovery of gpOld i n 1896 that land use a c t i v i t i e s of an exogenous nature were introduced to the north. Put another way, the north which has a h i s t o r y of human occupation of at l e a s t 25,000 years has experienced i n j u s t 75 years a range of land use a c t i v i t i e s which include: mining, o i l and gas production, r a i l r o a d s , highways, p i p e l i n e s , a g r i c u l t u r e andfforestry. This chapter considers northern land use and relevant l e g i s -l a t i o n as they evolved during the hundred year period following Canada's a c q u i s i t i o n of Rupert's Land and the North Western T e r r i t o r y . I t was 58 the era of the Dominion Lands Act. Designed p r i m a r i l y to encourage the settlement of the Canadian west i t also provided,;LfprKmore than 75 years, the l e g a l authority f o r the d i s p o s i t i o n of northern land and associated resources. The various amendments.to the Dominion Lands Act and the T e r r i t o r i a l Lands Act which replaced i t , were e s s e n t i a l l y responses to new requirements for the conveyance of r i g h t S j W i t h l i t t l e consideration, i f any, for the land i t s e l f . Thus i t was within that l e g i s l a t i v e context that the northern development thrust of the 1960's took place. ( i i ) Rupert's Land and the North Western T e r r i t o r y Not only was the fur trade the c a t a l y s t i n expanding the northern native's concept of land but, through the Hudson's Bay Company, i t was also the lynchpin which co n t r o l l e d substantial r i g h t s i n the vast regions of Rupert's Land and the North Western T e r r i t o r y (49) stretching from the A t l a n t i c Ocean to the Alaska border. (48) (49) Including trading, land, mineral and f i s h i n g r i g h t s . For a d e s c r i p t i o n of Rupert's Land as defined by the Royal Charter incorporating the Hudson's Bay Company i n 1670, see pg. 49; the North-western T e r r i t o r y was that portion of the Company's holdings which did not drain into Hudson Bay and which i t acquired 'through amalgamation with the North West Company in.1821. Amalgamation of the organizations of the Hudson's Bay Company and the North West Company involved a s e r i e s of formal agreements drawn up between March 26, 1821 and September 15, 1824, see Innis (1962:283-284). In 1825 the B r i t i s h and Russian governments signed the St. Petersbur Treaty which recognized the 141st meridian of west longitude as the boundary between t h e i r respective t e r r i t o r i e s (the present Yukon-Alaska boundary). 59 The f i r s t o f f i c i a l recognition that the Company's r o l e as administrator of these northern lands was under scrutiny was the appointment by the B r i t i s h House of Commons on February 5, 1857 of a Select Committee "to consider the state of those B r i t i s h Possessions of North America, which are under the administration of the Hudson's Bay Company or over which they possessed a l i c e n c e to trade" (Oliver 1915:23). ( 5 0 ) I t was evident that the c i v i l powers of the fur company were outdated and that the Company's p r i v i l e g e s under the charter would have to be changed. The draftsmen of the B r i t i s h North America Act, 1 8 6 7 , p r o v i d e d f o r j u s t such changes. Section 146 of that Act made i t lawful f o r Her Majesty on address from the Houses of the Parliament of Canada, to admit Rupert's Land and the North-Western The Company continued to administer land even i n the r e l a t i v e l y s e t t l e d regions, such as the Red River Settlement, into the mid-19th century. The point may be i l l u s t r a t e d by the 'One Pepper Corn' Deed between the Governor and Company of Adventurers of England and a Red River s e t t l e r , Edward Mowat, dated February 28, 1855. Mowat was granted approximately 143 acres f o r the sum of 47 Pounds 10 S h i l l i n g s and an annual rent of one Pepper Corn f o r the term of the agreement, namely 1000 years. The covenants included that Mowat would s e t t l e on the land and within f i v e years bring a portion of i t under c u l t i v a t i o n and would continue to c u l t i v a t e f o r the term. In addition Mowat was not to " v i o l a t e or evade any of the chartered or licenced p r i v i l e g e s of the Company" (Oliver 1915:1301). ( 5 1 ) 30 & 31 V i c t . , C.3 (Imp.) 60 T e r r i t o r y , or either of them, into the Union. In 1864 the B r i t i s h Government and the Hudson's Bay Company began negotiating the surrender of c e r t a i n of the Company's r i g h t s , and by 1869 had reached agreement. Under the B r i t i s h North America Act, enabling l e g i s l a t i o n was passed July 31, 1868, c i t e d by the short t i t l e "Rupert's Land Act, (52) 1868". This Act granted Her Majesty the power to accept a surrender of " a l l r i g h t s of government and proprietary r i g h t s , and a l l other p r i v i l e g e s , franchises, powers and a u t h o r i t i e s " , belonging to the Hudson's Bay Company but reserved to the Company, the r i g h t to carry on trade and commerce i n Rupert's Land or elsewhere (Section 4). Under Section 5 of the Act, Her Majesty was granted authority to declare Rupert's Land a part of the Dominion of Canada by Order-in-Council. The Parliament of Canada was authorized to "make, ordain, and e s t a b l i s h within the land and t e r r i t o r y so admitted a l l such laws, i n s t i t u t i o n s and ordinances and to constitute such courts and o f f i c e r s as might be necessary for the peace, order and ggfjd government of Her Majesty's subjects and others therein". The Imperial Order-in-Council (R.S.C. 1952, VI, 6237) pursuant to the Rupert's Land Act, 1868, admitted the North Western T e r r i t o r y and Rupert's Land into the Dominion.on July 15, 1870 and gave 31 & 32 V i c t . , C.105, S.2 (Imp.) of the Rupert's Land Act, 1868, stated that " f o r purposes of t h i s Act the Term 'Rupert's Land' s h a l l include the whole of the Lands and T e r r i t o r i e s held or claimed to be held by the said Governor and Company". That i s , i n addition to the lands granted under the Charter of 1670, i t included the Northwest T e r r i t o r y acquired i n 1821. the Parliament of Canada f u l l power and authority to l e g i s l a t e f o r t h e i r future welfare and good government. Schedule C of the Order-in--Council was the deed of surrender from the Hudson's Bay Company to the Queen (see AppendixxA) . The deed of surrender included the following terms: Canada should pay the Company 300,000 pounds s t e r l i n g ; the Company should r e t a i n those trading posts which i t a c t u a l l y occupied i n the North (53) •? Western T e r r i t o r y and might within 12 months of the surrender. se l e c t a block of land adjoining each post outside of Canada and B r i t i s h Columbia; the Company retained the l i b e r t y to carry on trade as a corporation; and Canada agreed to r e l i e v e the Company from a l l r e s p o n s i b i l i t y to s a t i s f y Indian claims to compensation for lands required for purposes of a settlement. Under A r t i c l e 6 of the deed of surrender the Company was. permitted to claim grants of land not to. exceed one-twentieth of the (54) lands designated for settlement within the f e r t i l e b e l t . (53) These t o t a l l e d 120 i n the year 1870; the following were situated north of 60° north l a t i t u d e i n what i s now the Yukon T e r r i t o r y and the Northwest T e r r i t o r i e s : Fort Simpson, Fort L i a r d j Hay River, Fort Resolution, Fort Norman, Fort Good Hope, Peel's River, Lapierre's House, Fort Rae, Fort Providence. That area bounded by the United States border, the Rocky Mountains, the north branch of the Saskatchewan River and Lake Winnipeg and Lake of the Woods. - - 62 The Act for the temporary Government of Rupert's Land and the North-Western T e r r i t o r y when united with Canada, S.C.32 & 33 V i c t . , C.3, assented to June 22, 1869, provided f or the renaming of Rupert's Land and the North-Western T e r r i t o r y as the "North West T e r r i t o r i e s " when admitted to the Dominion of Canada ( S . l ) , and for the appointment of a Lieutenant-Governor responsible for the administration of the T e r r i t o r i e s (S.2). With passage of the Temporary Government Act, 1869, the way was clear f o r the formation of the Province of Manitoba out of the North-West T e r r i t o r i e s . The Manitoba Act, 1870^"^ established and provided f or the Government of the Province of Manitoba. I t a l s o provided the f i r s t authority f o r administering the newly acquired Crown lands of the Dominion, under Section 33, which said "the Governor i n Council s h a l l from time to time s e t t l e and appoint the mode.and form of Grants of Land from the Crown, and any Order-in-Council for that purpose when published i n the Canada Gazette s h a l l have the same force and e f f e c t as i f i t were a portion of t h i s Act". By Order-iniCouncil dated March 1, 1871 the control and management of a l l Crown Lands i n Manitoba.and i n the remaining part of the North-West T e r r i t o r i e s were placed under the Canadian Secretary of State, The a c q u i s i t i o n of the North-West T e r r i t o r i e s and the subsequent establishment of the Province of Manitoba marked a S.C.33 V i c t . , C.3. 63 fundamental change i n the nature of Confederation. The o r i g i n a l Dominion as established under the B r i t i s h North America Act, 1867,-was a federation of provinces and, by v i r t u e of Section 109, each was vested with control over i t s own lands. However, for the new Province of Manitoba and a l l of the North-West T e r r i t o r i e s unalienated lands were, by statute, to be administered by the Government of Canada. With respectoto Manitoba t h i s continued to be.the s i t u a t i o n u n t i l the passage of the Manitoba Natural Resources Act i n 1930 which s t i p u l a t e d that pursuant to S.109 of the B r i t i s h North America Act, 1867, i n t e r e s t of the Crown i n a l l Crown,lands, mines, minerals (precious arid base), and r o y a l t i e s derived therefrom, within the Province s h a l l belong to the Province. ( i i i ) - Dominion Lands Act However, public lands i n the North-West T e r r i t o r i e s , which ,t"today comprise the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s , are s t i l l under the control and management of the Government of Canada by v i r t u e of the T e r r i t o r i a l Lands Act, 1950, as Amended. For more than three-quarters of a century p r i o r to the enactmeiit of the T e r r i t o r i a l Lands Or 'An Act respecting the transfer of the Natural Resources of Manitoba' S.C.20-21 George V, \&$9\ Similar acts were passed i n 1930 with respect to the Province of Saskatchewan, S.C.20-21 George V, ,'c.41 and the Province of Alberta, S.C.20-21- George V,\c.3. 64 (57) Act, the Dominion Lands Act, 1872 was the statutory v e h i c l e by which 'federal' lands were administered. Under t h i s Act, Dominion Lands were alienated under several broad classes, v i z : (i) railway land grants which provided the impetus for the construction of the transcontinental railway and several 'colonization' railways. Martin (1973:74) pointed out that nearly 3000 miles of railway l i n e were b u i l t i n the P r a i r i e Provinces under a p o l i c y of land subsidies and i n the process nearly 32 m i l l i o n acres were granted" to railway companies (Ibid:56-57). ( i i ) homestead grants of 160 acres were authorized under Section 33 of the Act. This was a free grant subject to c e r t a i n - n a t u r a l i z a t i o n , residence, improvement and c u l t i v a t i o n requirements. Under Section 29, surveyed Dominion Lands were opened f o r purchase at $1.00 per acre up to 640 acres. In 1874 the Act provided f o r pre-emption r i g h t s authorizing a homesteader to occupy and c u l t i v a t e andadjoining quarter section with a r i g h t to purchase the pre-emption when he had obtained Patent f o r h i s homestead. Pre-emption r i g h t s were f i n a l l y discontinued January 1, 1890, although the i n i t i a l attempt to repeal the authority to grant such r i g h t s took place seven years e a r l i e r i n the consolidated Dominion Lands Act of 1883 (S.C.46 V i c t . , C.17, S.39). Martin (1973:168) estimated that up to 1927 there were nearly 99 m i l l i o n acres of o r i g i n a l homestead entries i n Western Canada. By ^ 5 7 ^ S.C.35 V i c t . , C.23. / C O \ Discontinued i n 1881. 65 comparison the t o t a l acreage of homesteads patented i n 1930 was 51 m i l l i o n acres with an a d d i t i o n a l 6.8 m i l l i o n acres unpatented. Even i f Patent was received on a l l of the l a t t e r i t would mean that over 40 percent of the o r i g i n a l homestead entries were cancelled. Put another way only 60% of Canadian homesteaders a c t u a l l y acquired owners-ship of t h e i r l a n d . ^ ^ ( i i i ) Hudson's Bay Company lands^ referred to e a r l i e r , were allo c a t e d under authority of Section 17 of the Dominion Lands Act, 1872, i n accordance with A r t i c l e s 5 and 6 of the Deed of Surrender. These lands included t r a c t s surrounding the Company's trading posts as l i s t e d i n the Schedule as well as one-twentieth of the surveyed land i n the ' f e r t i l e b e l t ' . The area of land a l l o c a t e d to the Hudson's Bay Company under the l a t t e r scheme was estimated at s l i g h t l y more than seven m i l l i o n acres of which nearly one-half was located i n Saskatchewan and the balance i n Manitoba and Alberta. Other classes of land a l i e n a t i o n under the Dominion Lands (61) Act included: school lands; half-breed grants and s c r i p ; swamplands; and u n i v e r s i t y grants. (59) (60) (61) Experience showed that the homesteader was often unable to u s e f u l l y use h i s pre-emption r i g h t with the r e s u l t that the land f e l l to speculators (Martin 1973:161). From the Report of the Canadian Department of the I n t e r i o r 1929-30: 26. "No phase of Dominion Lands p o l i c y has commanded wider admiration than the p r o v i s i o n i n the Dominion Lands Act of 1872 for s e t t i n g aside sections...as an endowment for public schools" (Martin 1973: 100) . 66 The o r i g i n a l Dominion Lands Act and subsequent amendments •provided the Governor i n Council with authority to withdraw c e r t a i n areas from disposal under homestead or purchase and established reservations for National Parks, Timber Reserves, Indian Reserves, Hay and Grazing Areas, Coal and Mineral Lands, Town P l o t s , M i l i t a r y and other Federal Reserves. Because of these reservations i t was necessary to i n s e r t provisions i n l e t t e r s patent i n order to e s t a b l i s h continuing rights of the Crown. For example the free use of a l l navigable waters was reserved i n a l l patents. The r i g h t s of f i s h e r y and f i s h i n g were excepted and grants were made subject to the provisions of the I r r i g a t i o n Act. (62"i The Dominion Lands Act of 1872 provided the Minister with authority to s e l l mineral lands ("any person may explore and purchase mining lands", S.37). Although the Minister was able to with-draw valuable lands from sale,and lease them instead, Section 36 of the Act stated that sub-surface r i g h t s were not to be reserved i n patents of lands. These rather•generous conditions.were expanded upon i n 1879 when the Act was amended/(S.C.43 V i c t . , C.26, S.6) so that lands containing coal or other minerals, whether i n surveyed or unsurveyed territory,, were not subject to the provisions of the Act respecting sale or homesteading but would be disposed of under regulations made ^ An Act providing for the establishment of "The Department of the I n t e r i o r " (S.C.36 V i c t . , C.4), assented to May 3, 1873, made the Minister of the Department of the I n t e r i o r responsible for the Dominion Lands Act (S.5) and the control and management of the a f f a i r s of the North-West T e r r i t o r i e s . 67 (63) by Governor i n Council. Mining regulations to govern the disposal of quartz and placer mineral lands and excluding coal lands were passed by Order-in-Council, March 7,'1884/ 6^ The regulat ions, which applied to a l l Dominion Lands (Manitoba and the North-West T e r r i t o r i e s ) containing gold, s i l v e r , lead, copper, petroleum and other mineral deposits except co a l , provided that any person "may explore vacant Crown landc not appropriated or reserved by Government for other purposes with a view to obtaining a mining claim". Included i n the Regulations were conditions respect ing^ righ.t to enter upon, use and occupy the surface of a claim, work ,commitments, lease and purchase. For example, Sections 5 and 6 provided that within one year of recording a quartz mining claim (not.more than 40 acres) and having completed $500 work, the claim could be purchased f o r $5.00 per acre. Dominion Lands p o l i c y between 1870 and 1930 was not geared to the management of no n - a g r i c u l t u r a l or 'marginal' lands; During t h i s period "the settlement of Western Canada and i t s i n t e g r a t i o n into Canadian N a t i o n a l i t y was the ultimate goal of a l l land p o l i c y " (Martin 1973:28). Regulations for the Disposal of Coal Lands were enacted by Order-in-Council dated December 17, 1881 (see S.C.45 V i c t . , p.LV, 1882). See S.C.47 V i c t . , C.47, pp. 71-92, 1884. 68 With f e r t i l e a g r i c u l t u r a l land as the medium by which t h i s goal was to be attained land l e g i s l a t i o n was enacted which s p e c i f i c a l l y served to encourage settlement. The primary function of the Dominion Lands Act, 1872 was to provide a l e g a l and administrative mechanism for s e t t l i n g and developing the West's a g r i c u l t u r a l land. The f a c t that i t applied to the Province of Manitoba and a l l of the North-West T e r r i t o r i e s (Section 1) had l i t t l e relevance to the substance of the Act. The s p i r i t of the Act was embodied i n those.sections which provided free homestead grants to entice s e t t l e r s into the west and the granting of.vast t r a c t s of land to railway companies as an incentive to construct.a transportation network which would sustain the s e t t l e r s . Where the Dominion Lands Act did r e f e r to non-agricultural lands i t was often to provide a d d i t i o n a l incentive and support to the s e t t l e r . For example, Section 46 stated that timber i n townships open for settlement was to be disposed of i n order to benefit the largest number of s e t t l e r s . S i m i l a r l y , an Ordersin-Council of November 11, 1895 provided for the mining of coal i f to be used for the s e t t l e r s ' own purposes (see S.C.59 V i c t . , p . L I l ) . Other values inherent i n the land-base, such as minerals, petroleum and natural gas received even less recognition. It was not u n t i l seventeen years a f t e r the passing of the Dominion Lands Act that mining r i g h t s i n a l l Dominion Lands were 69 reserved i n Land Patents. The f i r s t regulations pertaining to petroleum and natural gas were enacted by Order-in-Council of August 6, 1898 and stated i n part that an area not greater than 640 acres might be reserved f o r s i x months f o r any prospector who might then purchase the land at $1 an acre subject to r o y a l t i e s of 2h per:cerit(ibid:194). Dominion Lands l e g i s l a t i o n of the 1800's was not drafted with the Canadian north i n mind; however the Dominion Lands Act was the l e g i s l a t i v e base for northern land-use at the turn of the century. Following the passage of the Yukon T e r r i t o r y Act, June 13, 1898 an Order-in-Council of July 7, 1898 provided f o r the d i s p o s i t i o n of lands i n the Yukon T e r r i t o r y under regulations which applied to that t e r r i t o r y only. U n t i l the Yukon gold rush i n 1896-97, northern Canada was s t i l l considered the domain of hunters, trappers and missionaries. I t i s perhaps i n d i c a t i v e of t h i s that the f i r s t piece of natural resource l e g i s l a t i o n , dealing s p e c i f i c a l l y with the unsettled parts of the North-west T e r r i t o r i e s , was aVgame preservation Act, passed by the Canadian ( 67 ^ Government i n 1894. This Act, which applied to those portions of the North-West T e r r i t o r i e s which were not included i n the p r o v i s i o n a l (65) (66) S o l i d , l i q u i d and gaseous minerals were reserved i n Grants covering Dominion Lands west of the 3;rd Meridian from October 31, 1887 and east of the 3rd Meridian from September 17, 1889. S.C.61 Vict-., C.6. "An Act f o r the preservation of game i n the unorganized portions of the North-West T e r r i t o r i e s of Canada" (S.C.57-58 V i c t . , c",'.35), assented to July 23, 1894. 70 (68) d i s t r i c t s of A s s i n i b o i a , Alberta and Saskatchewan, placed a r e s t r i c t i o n on the hunting of various species of game and was aimed mainly against transients and newcomers. O g i l v i e (1889:45) had reported f i v e years e a r l i e r "that game i s not now as abundant ( i n the Yukon) as before mining began and i t i s d i f f i c u l t , i n f a c t impossible, to get any close to the r i v e r . " Northern land use .patterns changed l i t t l e during the f i r s t two decades following the a c q u i s i t i o n by Canada i n 1870 of Rupert's Land and the North Western T e r r i t o r y . Despite the loss of her monopoly p o s i t i o n the Hudson's Bay Company's f i r s t permanent competition i n the present Northwest T e r r i t o r i e s appears to have occurred as l a t e as 1887, with the establishment of posts at Old Fort Rae, Fort Providence and Fort Good Hope (Usher 1970:26). In 1875 the Canadian Parliament passed the North West T e r r i t o r i e s Act (S.C.38 V i c t . , C.49) which has been described by one h i s t o r i a n as "The Magna Charta of separate p o l i t i c a l existence f o r the North West T e r r i t o r i e s " (Oliver 1915:26). The D i s t r i c t of Keewatin was created i n 1876, those of A s s i n i b o i a , Saskatchewan, Alberta and Athabaska i n 1882 (see Map no. 10) and those of Ungava, Fra n k l i n , Mackenzie and Yukon i n 1895. The Yukon was made a separate T e r r i t o r y i n 1898, "An Act to provide f o r the Government of the Yukon D i s t r i c t " or the "Yukon T e r r i t o r y Act" (S.C.61 V i c t . , C.6). 72 (iv) The Yukon T e r r i t o r y Before 1900 Due i n part to the presence of the Alaska Commercial Company on the Yukon River following the departure of the Hudson's Bay Company from Fort Yukon i n 1869,^^ pri v a t e traders moved into the Yukon T e r r i t o r y more quickly. In 1874, N.L. McQuesten and Arthur Harper founded the trading post of Fort Reliance on the Yukon River about s i x miles below the present s i t e of Dawson. McQuesten and A.H. Mayo then b u i l t posts at the mouth of the Stewart River and Fortymile River and Harper and Joseph Ladue established other posts at the s i t e of Fort S e l k i r k ^ 7 ^ ( b u i l t by Robert Campbell f o r the Hudson's Bay Company and subsequently sacked by Chilkat Indian middlemen^; i n 1852) and on the Sixtymile R i v e r . ^ 7 1 ^ The Company's i n t e r e s t i n Fort Yukon was sold following the purchase of Alaska by the United States i n 1867. Harper had occupied the Fort S e l k i r k s i t e since 1891 according to a d e c l a r a t i o n which he made before Wm. O g i l v i e , Dominion Land Surveyor, at Fortymile, July 1, 1896. In addition to Harper's own dwelling, trading post and garden, the grounds, i n 1896, contained several cabins occupied by prospectors and Indians. Harper probably envisaged a major migration of prospectors and miners into the Yukon and applied June 30, 1896, to the Minist e r of the I n t e r i o r for 640 acres, under the Dominion Lands Act ( i t was less than two months a f t e r he f i l e d h i s a p p l i c a t i o n , August 17, 1896, that gold was discovered on Bonanza Creek, and the Klondike gold rush began). Town-lots were subsequently surveyed and sold i n Fort Selkirk ( i t i s now abandoned) although Harper's a p p l i c a t i o n was not processed due to h i s death (Public Archives of Canada, RG 91, Yukon T e r r i t o r y Records, Vol. No. 7, f i l e no. 956). (71) The names Fortymile and Sixtymile r e f e r to the distance i n miles down the Yukon River from Fort Reliance. 73 The 'influx of miners into the Yukon i n the 1880's (Morrison 1968, estimated that there were nearly 1000 men i n the Fortymile Creek area i n 1885) had. the e f f e c t of transforming the fur trader into a general merchant and entrepreneur. As such he was interested i n acquiring land i n order to provide goods and services to a r a p i d l y growing transient population. The f i r s t a pplications to purchase land i n Canada north of 60° north l a t i t u d e were f i l e d i n the summer of 1894; Thomas W. O'Brien, a "merchant and miner", applied August 14, 1894, to purchase 320 acres at the confluence of the Fortymile and Yukon Rivers. Letters Patent 83005, dated A p r i l 18, 1900 were subsequently issued to O'Brien for a t r a c t of 160 acres (Lot 21, Group 1). O'Brien subdivided h i s purchase and sold l o t s to "squatters and newcomers". T; The second a p p l i c a t i o n was that of John J . Healy, dated Fort Cudahay, Yukon D i s t r i c t , N.W.T., September 3, 1894. Healy, a "general merchandiser", requested, under Section 29 of the Dominion Lands Act, 160 acres also at the junction of the Fortymile and Yukon Rivers. In h i s l e t t e r of a p p l i c a t i o n he noted that he had deposited with the Dominion Government Agent the sum of one hundred and s i x t y (72) d o l l a r s , made up- of $155 i n gold and $5 i n s i l v e r coins (see Appendix B). L e t t e r s Patent 178505 were issued to Healy on behalf of Coarse gold was f i r s t found on Fortymile River i n the season of 1886 (Ogilvie 1889:13). 74 North American Trading and Transportation Company for 65.28 acres (Lot 1, Group 1). The balance of the 160 acres applied for,covered the townsite of Fort Cudahay and was not a v a i l a b l e to Healy (PAC. RG91, TGR. V o l . 7, f i l e no. 956). By the 1890's the needs of miners, merchants and trading companies, the church through i t s missionaries, and the government (73) represented by the North West Mounted P o l i c e , added another dimension to northern land-usej,and, - i r o n i c a l l y , considering the vast -(74) region and the small population, created c e r t a i n conflicts,; -' Established i n 1873 under "An Act respecting the Administration of J u s t i c e and for the establishment of a P o l i c e Force i n the North West T e r r i t o r i e s " (S.C.36 V i c t . , C.35) assented to-May 23, 1873. Section 10 of the Act stated that "the Governor i n Council may constitute a P o l i c e Force i n and for the North West T e r r i t o r i e s " . In 1894 Inspector Charles Constantine t r a v e l l e d to, and reported on conditions i n , the Yukon and the following year a NWM P o l i c e detachment was established at Fort Cudahay (Fortymile), authorized under Order-in-Council P.C. 1492. Constantine's main task upon a r r i v i n g i n the Yukon i n July, 1895 was to impress the f a c t of Canadian authority on the, gold miners of the Yukon and to e s t a b l i s h the p r i n c i p l e of, the authority of the Crown over that of squatter sovereignty. This point was c l e a r l y made when i n July 1896 a force of NWM P o l i c e , upset an equitable miners' court d e c i s i o n to i n s i s t that a dispute be s e t t l e d i n accordance with Canadian procedures (Zaslow 1971:99). For example, on May 12, 1899, the Reverend R.M. Dickey of the Presby-t e r i a n Church, "Grand Forks of Eldorado", YvT. (situated at the junction of Bonanza and Eldorado Creeks, Grand Forks d i d not e x i s t p r i o r to the go'l'd rush; i n 1898-99 the population of Grand Forks and environs was 5500, by 1911 i t had dropped to 62 and soon a f t e r was abandoned) applied to the Commissioner,, Dawson, Y.T., for a l o t on which to b u i l d a church. In a follow up l e t t e r , Sept. 26, 1899 the Rev. D.G. Cock wrote "the place of worship i n which we now meet i n t h i s place (Grand Forks) i s situated on Creek claim no.5 above Bonanza and I have been informed that the owners of that claim propose ground-s l u i c i n g the ground on which the chur.cb>is situated, next September. This would necessitate moving the church. Now S i r I pray you to grant me the r i g h t to a piece of ground su i t a b l e for the purposes, of a church b u i l d i n g . . . " (PAC. RG91, YTR). 75 The flow of gold seekers was soon to have i t s e f f e c t upon the Indians of the Klondike who s t i l l congregated i n small groups at t r a d i t i o n a l hunting and f i s h i n g l o c a t i o n s . Bishop Bompas, i n applying (75) to the Minister of the I n t e r i o r i n October 1896 for 40 acres of land " f o r mission purposes and Indian occupation", described the following s i t u a t i o n . Twenty or more Indian f a m i l i e s had always hadaa f i s h i n g camp at the mouth of the Klondak (sic) River. The miners coming into the area pressed the Indians to s e l l them t h e i r cabins which were situated there. About 15 of the cabins were sold with the r e s u l t that a second town (the f i r s t being Dawson Cit y on the north side of the Klondike River) emerged i n the midst of t h e . f i s h i n g camp. Inspector C. Constantine, NWM P o l i c e and Acting Government Agent, was not e n t i r e l y sympathetic to the p o s i t i o n taken by Bishop Bompas and i n a l e t t e r to the Deputy Min i s t e r , Department of the I n t e r i o r , dated Fort Constantine, October 30, 1896, he stated "I cannot recommend t h i s a p p l i c a t i o n (Bompas'). The ground asked for has been applied for by the P o l i c e f o r t h e i r own and" other government purposes, and i s suitable for them. If one l o t large enough for a log church and a cabin i s granted i t i s my opinion quite s u f f i c i e n t . " L e t t e r from Bishop W.C. Bompas, Oct. 28, 1896, Buxton Mission, Upper Yukon River, to the Minister of the I n t e r i o r (PAC. RG91, YTR, Vol. 19, f i l e no. 4682). ^76Vp,AC. RG91, YTR, Vol. 19, f i l e no. 4682. Lette r from Constantine to Deputy Min i s t e r , Department of the I n t e r i o r , September 24, 1896 (PAC, RG91, YTR, f i l e no. 4607). 76 Constantine goes on to say i n a follow up l e t t e r dated November 19, 1896 (see Appendix C), "The idea that the Indians would be driven from the neighbourhood by the encroachment of the Whites i s absurd. There i s plenty of room for th e i r winter cabins e i t h e r on the many well wooded islands i n the Klondike or on i t s banks a l i t t l e above the mouth or on a large i s l a n d d i r e c t l y opposite t h e i r old winter quarters". F i n a l l y i n June 1897, Constantine reported i n a l e t t e r to the Secretary of the I n t e r i o r (see Appendix D) "...that arrangements have been made with the Indians at Klondak ( s i c ) with the knowledge and approval of t h e i r missionaries whereby they r e l i n q u i s h any claim so far as the Department i s concerned to the s i t e of the old Indian V i l l a g e at Klondak and are now.located on a point about three miles below the s i t e of Dawson on the east bank of the Yukon River". By 1899 the junction of the Klondike.and Yukon Rivers had become the s i t e of a c i t y with a population between 15,000 and 20,000 where four years e a r l i e r i t had been an Indian f i s h i n g camp of 20 f a m i l i e s . Observed i n t h i s l i g h t Constantine's decision appears more wise than autocratic. In 1898, 7080 boats went down the Yukon River carrying approximately 28,000 people (Report of NWM P o l i c e , 1898:Part 111:83). The r e s u l t of t h i s was that the t r a d i t i o n a l grounds of several Indian bands i n the Yukon River v a l l e y were encroached upon. In a l e t t e r to the Deputy Minis t e r of the Department of the I n t e r i o r , dated May 1, 1900, Wm. O g i l v i e , then Commissioner of the Yukon T e r r i t o r y , recommended the laying out of a reserve of 320 acres for the Indians camping on the Cshorejof Lake Laberge. This recommendation was quickly acted upon and by an .Order-in-Council of July 13, 1900 a t r a c t of land containing 320 acres was l a i d out and set apart f o r the Indians i n the v i c i n i t y of Lake Laberge. (v) Indian Lands; Treaties 8 and 11 :-\ Although by 1903 the 'mining' population of the Yukon had begun to drop, concern was'/still being expressed f o r groups of Indians whose t r a d i t i o n a l lands were i n jeopardy. Z.T. Wood, Assistant Commissioner, Commanding the NWM P o l i c e , Dawson, i n a l e t t e r to the Commissioner of the Yukon T e r r i t o r y dated May 4, 1903 r e f e r r e d to the Indians l i v i n g at the junction of the McQuesten and Stewart Rivers expressing h i s concern that they could be ousted by some•r townsite speculator' i f a reserve was not established for them. A survey was subsequently c a r r i e d out and by Order-in-Council dated June 4, 1904 an area of 320 acres was reservedffor the use (of the Indians. This and other s i m i l a r reserves did provide some constraints on white settlement i n s p e c i f i c and r e l a t i v e l y small areas inhabited by Indians. However the more fundamental issue of the r i g h t s of Yukon PAC. RG91, TGR, V o l . 7, f i l e no. 1331. A s i m i l a r request from O g i l v i e dated July 17, 1900 for reserves at Tagish, T e s l i n , Big Salmon River, S e l k i r k , Stewart River and Fortymile was approved and by Order-in-Council of September 1, 1900 such reserves were set apart ( I b i d . ) . 78 Indians with respect to land was not r e f l e c t e d i n any Treaty and indeed to t h i s day the Indians of the Yukon T e r r i t o r y ( l i k e the Inuit of the Northwest T e r r i t o r i e s ) have signed no t r e a t i e s with the Canadian Government. Morrow J . (1973:36) pointed out that i n an address to the Queen by the Senate and House of Commons of Canada made i n December 1867 respecting the a c q u i s i t i o n of Rupert's Land and the North-Western T e r r i t o r i e s i t was sfeated that "the claims of the Indian t r i b e s to compensation for lands required for the purposes of settlement w i l l be considered and s e t t l e d i n conformity with the equitable p r i n c i p l e s which have uniformly governed the B r i t i s h Crown i n i t s dealing with the Aborigines". This p o l i c y statement was l a t e r embodied i n l e g i s l a t i o n with the passing of the Dominion Lands Act, 1872 which stated i n Section 42, "None of the provisions of t h i s Act respecting the settlement of a g r i c u l t u r a l lands, or the lease of timber lands, or the purchase and sale of mineral lands, s h a l l be held to apply to t e r r i t o r y the Indian t i t l e of which s h a l l not at the time have been extinguished". Prompted by developments i n the D i s t r i c t of Athabaska an Order-in-Council of January 26, 1891 contained the following statement: "the discovery i n the D i s t r i c t of Athabaska and i n the Mackenzie River Country that immense quantities of petroleum e x i s t s within c e r t a i n regions as well as the b e l i e f that other minerals and substances of economic value, such as sulphur on the South Coast of Great Slave Lake and Salt on the Mackenzie and Slave Rivers, are to be found therein, the development of which may add m a t e r i a l l y to the public weal, and the further consideration that several Railway projects i n connection with 79 t h i s portion of the Dominion may be given e f f e c t to...appear to render i t advisable that a treaty or t r e a t i e s should be made with those Indians who claim those regions as t h e i r hunting grounds, with a view to the extinguishment of the Indian t i t l e . . . " . By Order-in-Council P.C. No. 2749 of June 27, 1898 a Commission was authorized to negotiate a treaty with the Indians of the Athabaska and Peace River d i s t r i c t s and a portion of the present Mackenzie D i s t r i c t of the Northwest T e r r i t o r i e s l y i n g south of Great Slave Lake. Following negotiations conducted during the summer of 1899 a treaty was signed with various bands resident i n the region delineated as "Treaty 8" i n Map no. 11 and an area of ju s t under 325,000 square miles was ceded to Canada. The only other treaty signed by native people north of 60 i s Treaty 11 which was negotiated i n 1921 and 1922 with the Indians of the Mackenzie D i s t r i c t not included i n Treaty 8 of 1899. Under Treaty 11, as shown i n Map no. 11, 372,000 square miles were-ceded to Canada. Treaties 8 and 11 contained several nearly i d e n t i c a l clauses pertinent to the present discussion, v i z : "...Indians have been n o t i f i e d that i t i s Her Majesty's desire to open f o r settlement, immigration, trade, t r a v e l , mining, lumbering, and such other purposes..., a t r a c t of land as bounded and described and to obtain the consent thereto of Her Indian subjects i n h a b i t i n g the said t r a c t , and to make a treaty, and arrange with them^so that there may be peace and good w i l l between them and Her Majesty's other subjects... "...the said Indians do hereby cede, release surrender and y i e l d up to the Government of the Dominion of Canada...for ever, a l l t h e i r r i g h t s , t i t l e s and p r i v i l e g e s whatsoever, to the lands... 81 "And Her Majesty the Queen hereby agrees with the said Indians that they s h a l l have the r i g h t (to pursue t h e i r usual vocations of hunting, trapping and f i s h i n g throughout , the t r a c t surrendered...subject to such regulations... and excepting such t r a c t s as may be required for settlement, mining, lumbering, trading or other purposes. "And Her Majesty the Queen hereby agrees to lay aside reserves(79) f o r s u c h bands as desire reserves the same not to exceed i n a l l one square mile f o r each family of f i v e . . . f o r such f a m i l i e s or i n d i v i d u a l Indians as may prefer to l i v e apart from band reserves -Her Majesty undertakes to provide land i n severalty to the extent of 160 acres to each Indian, the land to be conveyed with a proviso as to non-alienation without the consent of the Governor i n Council of Canada..." In March 1973, 16 Indian Chiefs from the Northwest T e r r i -t o r i e s signed.a caveat claiming an i n t e r e s t i n 400,000 square miles of land i n the Mackenzie D i s t r i c t of the Northwest T e r r i t o r i e s , an area covered by Treaties 8 and 11. When lawyers f o r the Indians t r i e d to r e g i s t e r the caveat the matter was referred by the Northwest T e r r i -t o r i e s Land Registry O f f i c e i n Yellowknife to J u s t i c e W.G. Morrow of the Supreme Court of the Northwest T e r r i t o r i e s , The Judgement of Morrow J . , f i l e d . October 2, 1973 (No. 2247), established i n part that: "... those same indigenous people...are prima f a c i e owners of the lands covered by the caveat - that they have what ds .known as (79) To date, only the Hay River Band has exercised t h i s r i g h t . By Order-in-Council P.C. 1974-387 of February 26, 1974 (see Appendix I) approximately 52 square miles were set apart for the use and benefit of the Hay River Band of Indians and referred to as Hay River Indian Reserve Number 1. 82 a b o r i g i n a l r i g h t s " and "...notwithstanding the language of Treaties 8 and 11 there i s s u f f i c i e n t doubt on the fa c t s that a b o r i g i n a l T i t l e was extinguished and therefore such claim for t i t l e should be permitted to be put forward by the Caveators." The Canadian Government subsequently appealed J u s t i c e Morrow's deci s i o n to the Appeal Court of the N.W.T., and, while awaiting the r e s u l t s of the appeal, has stated through the Mini s t e r of Indian A f f a i r s and Northern Development, that i t i s prepared to negotiate a land settlement with the Indiansaand Inuit north of 60, but i t i s not "v. w i l l i n g to renegotiate Treaties 8 and 11. (vi) Timber, Agr i c u l t u r e and Homesteading The f i r s t s i g n i f i c a n t use of northern forests f or the production of timber came with the Klondike gold rush. Authority for the disposal of timber on Dominion Lands lay with the Dominion Lands Act. Timber r i g h t s were alienated e i t h e r through the granting of timber berths or the issue of timber permits. Timber berths were awarded For the argument leading to t h i s decision see "Reasons for Judgement of the Honourable Mr. J u s t i c e W.G. Morrow (No.2) i n the Matter of an A p p l i c a t i o n by Chief Francis Paulette e_t a l . to lodge a c e r t a i n Caveat with the Registrar of T i t l e s of the Land T i t l e s O f f i c e f o r the Northwest T e r r i t o r i e s " dated Yellowknife, September 6, 1973.y 83 following public competition and could not exceed 25 square miles except f o r purposes of cutting pulpwood i n which case the area was determined by the Governor i n Council. The lessee of a timber berth was granted an annual l i c e n c e , renewable from year to year, which provided authority to cut and remove timber, according to the terms of the l i c e n c e , within the l i m i t s of the berth. Timber berths for purposes of pulpwood production have yet to be granted north of 60 but as early as 1900 berths were awarded to sawmill operators i n the Yukon T e r r i t o r y . An Order-in-Council of (81) March 16, 1901 stated with respect to timber i n the Yukon T e r r i t o r y that not more than f i v e berths of f i v e square miles each should be granted to any one person or company and that a licencee should have a sawmill i n operation f o r at l e a s t s i x months of each year. By 1901 there had been 97 timber berths awarded i n the Yukon covering a. t o t a l of 225 square miles. Permits to cut timber on Dominion Lands were issued under S.57 of the Dominion Lands Act to s e t t l e r s f o r b u i l d i n g purposes and firewood", to prospectors, miners, steamboat owners; for.the construction of public works, railways, churches, schools^and for sale as cordwood and pulpwood. Permits were issued on an annual basis and for t r a c t s of land not exceeding one square mile unless by authority of the Governor i n Council. (81) Canadian Department of the I n t e r i o r Annual Report, 1900/01:xxiv. ( 8 2 ) Ibid:No.l9, p.37. 84 During the gold rush- and for several years following, much of the timber cut.under permit i n the north was for purposes of supplying ( 83) steamboats which p l i e d the Yukon River. In 1900/01 there were 69,483 cords of firewood, 26,736 house-logs and 6,234,000 board feet of lumber produced i n the Yukon. By 1905/06 the volume of firewood cut had been reduced to 11,600 cords, mainly due to the production of coal which that year amounted to 12,500 tons. Except when the Canol p i p e l i n e and Alaska highway were being constructed during the Second World War, the annual t o t a l volume of lumber and firewood prdduced i n the two t e r r i t o r i e s has seldom exceeded 10 m i l l i o n board feet and 20,000 cords r e s p e c t i v e l y . Since the 1950's timber cut for the mining industry has provided a s u b s t a n t i a l portion of the t o t a l timber harvested,with the annual production for the two t e r r i t o r i e s averaging between two and three m i l l i o n l i n e a l f e e t . When the T e r r i t o r i a l Lands Act (S.C.14 George VI,"C.22) was enacted i n 1950 the Dominion Lands Act was repealed (S.26). Under the new Act timber disposal i n both the Yukon and Northwest T e r r i t o r i e s was provided for under S.13 which authorized the Governor i n Council /oo\ Steamboats were f i r s t used north of 60 by the Hudson's Bay Company. Between 1883 and 1887 the Company operated three boats i n the Mackenzie River basin. One of these, the "Wrigley", served trading posts down the Mackenzie River between. Great Slave Lake-land the A r c t i c Coast (Zaslow 1971:56). ^ 8 4 ^ Can. Dept. of the I n t e r i o r , Annual Report 1900/01, No.19, pp.12-37. 85 to make regulations respecting the issue of permits to cut timber and to prescribe the terms and conditions under which timber could be. cut. A l l reference to timber berths and licences were deleted although i n p r a c t i c e the term 'permit' has been broadly interpreted. I t i s the T e r r i t o r i a l Lands Act which provides present-day authority for the di s p o s a l of timber i n the Yukon and Northwest T e r r i t o r i e s . The use of northern land for the production of food crops dates back to the e a r l y trading posts. The Hudson's Bay Company's p o l i c y of making t h e i r posts s e l f - s u f f i c i e n t i n provisions and supplies i s r e f l e c t e d i n the fa c t that by 1826 gardens were kept at a l l of the Company's posts as f a r north as Fort Good Hope, 66° 15' north l a t i t u d e . Discussing the Hudson's Bay Company, Innis (1962:300) pointed out.that i n 1852 crops at Fort Simpson included 700 bushels of potatoes, 120 bushels of turnips and 180 bushels of barley, that at Fort Resolution ^f'armproduction included potatoes, turnips and butter and at Fort L i a r d 700 kegs of potatoes and 500 kegs of turnips were produced. Bishop Bompas' request i n 1876 that mission farms be established i n the D i s t r i c t of Athabaska to supply missions i n the Mackenzie D i s t r i c t and h i s proposal that steamboat transportation be inaugurated on the Mackenzie River to f r e i g h t food supplies into the north (Boon 1962:214) i l l u s t r a t e s the general concern shared by a l l e a r l y northern missionaries with respect to s u f f i c i e n t food supplies. I t was (85) Department of Resources and Development, Annual Report 1948/49, Ottawa, p.56. 86 pointed out ..above- that Bishop Breynat i n ,1911 established a farm near Fort Smith, N.W.T., i n order to supply the Roman Catholic missions i n the region (Duchaussois 1923:205-206)/ 8 6^ The i n f l u x of horses to the Yukon for p o l i c e p a t r o l and for f r e i g h t i n g and packing as a r e s u l t of the gold rush, added another dimension to northern land, namely the use of hay meadows f o r grazing (87) and forage crops. An excerpt from a l e t t e r from Inspector J.C. Richards, N.W.M.P., to h i s Commanding O f f i c e r i n 1903 exemplifies the broader perspective i n which land was beginning to be considered: " . . . a f t e r a p a t r o l out of Whitehorse to the Alsec River arid the alleged gold f i e l d s I chose four s i t e s f o r future stations based on the following reasons: vantage point with respect to t r a i l s and water routesqpfpprospectors; good timber f o r construction material, firewood and boat b u i l d i n g ; hay meadows and grass for grazing of horses; and fresh water for men and horses..." For the 12-month period ending March 31, 1901, there were 133 hay permits issued i n the Yukon and 918.5 For several years the Oblate Missions also c a r r i e d out garden t r i a l s for the Canadian Department of Ag r i c u l t u r e , commencing i n 1911 at Fort Resolution and Fort Providence and i n 1928 at Fort Good Hope. Other a g r i c u l t u r a l experimental s t a t i o n s , operated by the Department of A g r i c u l t u r e , included those at Minto Creek, Y.T., i n 1915, the farm of James Farr at Swede Creek, near Dawson, i n 1917, and Fort Simpson, N.W.T., and Mile 1019-(Haines Jet.) on the Alaska Highway, Y.T., where work commenced i n 1947. J.C. Richards, Inspector, N.W.M.P., White Horse ( s i c ) , August 3, 1903.to O f f i c e r Commanding 'H' D i v i s i o n , N.W.M.P., White Horse (PAC RG91, YTR, v.18, f i l e no. 4607). 87 ( 88} tons of hay cut. By 1905 hay cut under permit had dropped to 135 tons and i n 1941 with a population i n the Yukon of 4914 (from 27,000 i n 1901), s i x permits were issued and 78 tons of hay were cut. P r i o r to the passing of the Yukon T e r r i t o r y Act, June 13, 1898, which separated the Yukon D i s t r i c t from the r e s t of the Northwest T e r r i t o r i e s , land there was administered under regulations pursuant to the Dominion Lands Act. Following the establishment of the Yukon T e r r i t o r y an Order-in-Council was passed, July.7, 1898, which provided f o r the d i s p o s i t i o n of lands i n the Yukon under regulations which applied to that t e r r i t o r y only. Although most of the stampeders who. went to the Klondike had l e f t by 1903/04 there were some who stayed and of those a few turned ffpmfcmihinggto a g r i c u l t u r e . In response to t h i s new demand for land another Order-in-Couricil was passed, July 23, 1906, which stated that land s u i t a b l e for a g r i c u l t u r a l purposes could only be acquired by homesteading or leasing and not.by purchase. By t h i s Order-in-Council the Commissioner of the Yukon T e r r i t o r y was empowered to grant homestead entry for a g r i c u l t u r a l lands phder the following conditions: the head of the family or every male over the age of 17 years was e n t i t l e d to obtain homestead entry to Canadian Department of the I n t e r i o r , Annual Report 1900/01, No.19, p. 12. ^ 8 9 ^ S.C.6-7 Edward VII, 1907, p.xcix. 88 Dominion Lands i n the Yukon T e r r i t o r y for an area not to exceed 160 acres; the homestead must be s e t t l e d on within three months following approval of a p p l i c a t i o n ; and the applicant was e n t i t l e d to patent i f he had erected a dwelling, had 10 acres under c u l t i v a t i o n and had resided on and c u l t i v a t e d the homestead for two successive years from May to October i n c l u s i v e . In 1912 the homestead entries i n force i n the Yukon numbered 33 and covered 4027.5 acres, and by 1916 the number had doubled to (91) 66 covering 9968 acres. The proportion of homestead entries which resulted i n the issue of l e t t e r s patent was very low. Perhaps prompted (92) by t h i s f a c t , George Black, Commissioner of the Yukon, i n a l e t t e r to the Deputy Minister, Department of the I n t e r i o r , March 27, 1916 stated i n part, "I am of the opinion that i t would be i n the best i n t e r e s t of the Yukon and a g r i c u l t u r a l development to amend the land regulations permitting the sale of small areas of ground for a g r i -c u l t u r a l purposes. Leasing of land does not appear to be very e f f e c t i v e Department of the Interior, Annual Report 1911/12, p.49. (91) Department of the Interior, Annual Report 1915/16, p.45. ( 9 2 ) PAC RG91, YTR, v.10, f i l e no. 1791. 89 (93) where large sums of money have to be expended." On the basis of Black's recommendations an Order-in-Council of June 3, 1916 withdrew the r e s t r i c t i o n s upon land s u i t a b l e f o r a g r i c u l t u r e set out i n the Order-in-Council of July 23, 1906, and allowed such lands to be,sold. By 1920 there had been a t o t a l of 99 homestead entries granted of which 64 were i n force covering a t o t a l area of 9931 acres. (94) Letters patent had been issued f o r 14 homesteads or s l i g h t l y more •» than 14 percent of the t o t a l entries granted. U n t i l 1950, when the T e r r i t o r i a l Lands Act replaced the Dominion Lands Act and the pr o v i s i o n f o r homesteading was discontinued, the number of homestead entries and a g r i c u l t u r a l leases i n force i n the Yukon averaged 25 and 10 r e s p e c t i v e l y . (93) (94) Some homesteaders i n the Yukon did prove up and receive t h e i r 160 acres of land, however more followed the pattern of F.M. Watt who made a p p l i c a t i o n i n 1919 for homestead entry to 160 acres, two miles east of Champagne near the Whitehorse to Kluane wagon road. His a p p l i c a t i o n of June 10, 1919 was approved by the Gold Commissioner July 3, 1919. In a l e t t e r to Watt, dated May 14, 1924, the Dominion Land Agent i n Whitehorse stated, "The homestead entry applied f o r by you...is l i a b l e to c a n c e l l a t i o n as you have-not made ap p l i c a t i o n f o r patent according to the provisions of the Homestead Regulations. Kindly inform me i f you wish to r e t a i n your homestead and what improvements you have made." Watt responded,by l e t t e r , June 30, 1924, st a t i n g that no improvements had been made to the land and that he "wished to throw up the homestead." His returned homestead entry c e r t i f i c a t e was cancelled by the Dominion Land Agent August 1924 (PAC RG91, YIR, v.50, f i l e no. 31228). Canadian Department of the I n t e r i o r , Annual Report 1919/20, p.22. Cf 90 In the Northwest Territories the disposal of land, suitable for agriculture, was carried out under those sections of the Dominion Lands Act not directly related to homesteading. Although agricultural leases were common, "agreements of sale" took the place of granting homestead entries as practised in the Yukon. The provision for the sale of land for agricultural purposes with or without homestead conditions (the former in effect an agreement of sale) was made in Section 32 of the Dominion Lands Act as Amended, 1908. Regulations pursuant to this Act, passed by Order-in-Council of June 3, 1918, P.C. No.1263, provided in Section 10, that "If the purchaser f a i l s to comply with the terms of the sale either with regard to the payment of purchase price arid interest., or in regard to the performarice of the prescribed settlement duties, the same may be. cancelled in the discretion of the Minister." During the following three decades the number of land transactions in the Northwest Territories, outside of settlements, rarely exceeded 50 in number in any one year. For example in 1935 there were 21 applications for land received, two patents issued, four agree-ments of sale drawn up and 17 leases granted for various purposes including (95) agricultural, grazing and fur-farm operation. The f i r s t land sale recorded in the present Northwest Territories was to Captain (95) Department of the Interior, Annual Report 1934/35, p.36. ^ 9 6 ) Sale # 16118, Group 1683, f i l e 2001774; 960 acres, three miles east of Pond Inlet, Baffin Island. Letters Patent issued May 16, 1910; Department of Indian and Northern Affairs records, Ottawa. (97) J.E. Bernier . i n 1910. That year Captain Bernier had found coal deposits near Pond Inle t ; he took 155 tons to burn i n the C.G.S. A r c t i c ( P h i l l i p s 1967:149). By 1965/66 the t o t a l number of land transactions..in .the Northwest T e r r i t o r i e s had reached 712 (see Table 1). ( v i i ) Trapping When the Hudson's Bay Company relinquished i t s fur-trade monopoly i n 1870 i t had a t o t a l of ten posts north of 60, nine of which were i n the Mackenzie D i s t r i c t and one i n what i s now the Yukon T e r r i t o r y (see 'Deed of Surrender, Appendix A). For two centuries the pattern established by the Hudson's Bay Company had been one whereby the native trapper made periodic t r i p s to one of the Forts to trade h i s f u r s . The introduction of competition to the Hudson's Bay Company ^f t e i r ; (97) Captain Bernier was commander of the C.G.S. A r c t i c when i t made three important voyages to the Canadian A r c t i c between 1906 and 1911. Appointed a f i s h e r i e s o f f i c e r under the Canada F i s h e r i e s Act, he c o l l e c t e d f i s h e r i e s l i c e n c e fees from whalers p l y i n g Canadian A r c t i c waters, advised them on regulations regarding custom duties and landed at various A r c t i c islands taking formal possession i n the name of Canada. During t h i s period he overwintered three separate years at three l o c a t i o n s , Pond I n l e t , the region of Banks and V i c t o r i a Islands and A r c t i c Bay. Following h i s second voyage he wrote to Prime Minister Laurier urging him to pass l e g i s -l a t i o n f o r the regulation of hunting i n the A r c t i c islands because of h i s concern for the Eskimos there and the depletion of game due to American explorers and hunters (Zaslow 1971:267). An "Act respecting Game i n the Northwest T e r r i t o r i e s of Canada", (S.C.7-8 George V, C.36) was passed i n 1917 which set closed seasons,for c e r t a i n animals and placed a t o t a l p r o h i b i t i o n on the hunting of others including musk-oxen. 92 TABLE 1 Land Transactions ,in the Northwest T e r r i t o r i e s , Selected Years 1965/66 ( 1 ) 1973/74 ( 2 (3) agreements of sale i n force 217 118 leases i n force: r e s i d e n t i a l 140 6 5 ( 3 ) commercial 212 298 religious-education 32 28 agric./grazing/ gardening 25 15 quarrying 7 3 recreation/summer residence 5 67 Total leases 421 594 To t a l land transactions i n force 638 712 ^ Annual Report, Department of Northern A f f a i r s and National Resources, 1965/66, Ottawa. (2) v ' Annual Report, Yellowknife Lands O f f i c e , DIAND, 1973/74. (3) Reduction from 1965/66 due to.transfer of land i n and around 93 a f t e r 1870^*^ brought with i t v a r i a t i o n s to t h i s established pattern. Usher (1970:o_p_. c i t . , p.20) described the several types of traders as follows: those who conducted a regular trade from permanent establishments c o n s i s t i n g of a store, warehouse and dwelling; on the A r c t i c Coast many traders had schooners which they used as ' f l o a t i n g posts', wintering i n , d i f f e r e n t locations each year; whalers who engaged i n the fur trade either from t h e i r vessels or from whaling stations; trappers who maintained permanent camps and conducted a small volume of trade i n addition to t h e i r own trapping; and i t i n e r a n t s who t r a v e l l e d about i n scows or sleds and traded with the trappers where they found them. Following the F i r s t World War and the r i s e i n fur p r i c e s , the (99) number of licensed white trappers i n the Northwest T e r r i t o r i e s increased from 140 i n 1921/22 to 500 i n 1926/27 (Usher 1970:26). Due to the sub s t a n t i a l difference i n overhead costs, many of these newcomers !&MikeXi.^9$$6yT$.dthe p r a c t i c e of ' i t i n e r a n t trading' or maintained permanent camps from which they trapped and traded rather than estab-l i s h i n g permanent trading posts. This resulted i n c e r t a i n areas being The f i r s t independent traders to e s t a b l i s h a permanent post north of 60 were McQuesten and Harper, at Fort Reliance, Y.T., i n 1874. ^"^ The Northwest Game Act, 1917 (S.C.7-8 George V, C.36), Section 4.9 stated that anyone hunting, trapping or trading i n game, except native-born Indians, Eskimos and Half-Breeds, required a l i c e n c e . 94 heavily trapped, and worked to the general disadvantage of the Hudson's Bay Company. An Order-in-Council, P.C. 807 of May 15, 1929 required trading posts to be i n operation for at l e a s t eight months of the year, and outposts for at l e a s t three months. In addition i t s t i p u l a t e d the kinds of buildings which could be l i c e n j s e a ^ ^ ^ and hence put an end to i t i n e r a n t s and f l o a t i n g posts (Ibid:20). Since i t was then i l l e g a l to conduct trade i n fur from anything except established posts, the number of permanent posts increased considerably and the fur trade expanded in t o the Central and Eastern A r c t i c (see Map no. 12). During the p e r i o d l 9 1 5 to 1919 there were 85 posts i n the Northwest T e r r i t o r i e s and by 1925-1929 t h i s f i g u r e had increased to 217. Since then the number of trading posts has s t e a d i l y declined u n t i l by 1970 there were 69 situated i n 54 d i f f e r e n t locations (Ibid:35). In spite of the s u b s t a n t i a l l y fewer posts, the actual number of furs traded i n 1927/28 and 1969/70 was approximately the same (see Table 2). The value of the fur harvested i n 1973/74, $3,067,725, appears to be an a l l - t i m e high. Order-in-Council, P.C. 1146, of July 19, 1926, prohibited the eesfeablishment or maintenance of a trading post without the authorization of the Commissioner of the Northwest T e r r i t o r i e s . M a p 12 R o u t e s a n d D a t e s o f 96 TABLE 2 Number of Fur-Bearing Animals Traded Under Northwest Game Licences, Selected Years Kind 1927/28 1934/35 1959/60 1969/70 1973/74 bear, polar 384 39 512 313 452 bear, other 233 76 15 148 177 beaver 7287 11,291 7954 8,157 3,332 coyote 377 133 - . 16 57 f i s h e r 72 24 8 27 46 fox, white 21,141 52,615 10,453 6,688 40,555 fox, other 3855 17,709 897 846 1,462 lynx 2621 5829 2509 4,893 1,015 marten 7743. 5543 10,240 11,803 5,684 mink 3630 11,134 9669 9,429 3,304 muskrat 154,648 101,044 206,561 114,108 130,555 otter . 228 386 173 202 160 skunk/ s q u i r r e l 35 0 52 0 0 29,747 0 9,875 0 5,347 weasel • 8535 5715 | 10,362 3,603 3,045 wolf 379 701 249 291 690 wolverine 272 123 82 . 58 62 seal na na na 31,185 36,391 Total Number 211,440 212,414 289,431 201,642 232,344 Tota l Value ($) 2,300,000 (est.) 1,678,544 862,184 1,058,134. 3,067,725 Data for years: 1927/28 and 1934/35 from Canadian Department of the In t e r i o r , Annual Reports, and for years: 1959/60, 1969/70 and 1973/74 from records of Government of the Northwest T e r r i t o r i e s , Game Management D i v i s i o n . 97 In 1948 an Act to Amend the Northwest T e r r i t o r i e s Act (S.C.11-12, George VI, C.20) was passed which repealed the Northwest Game Act (RSC 1927, C.142) and expanded the l e g i s l a t i v e power of the Commissioner, of the Northwest T e r r i t o r i e s to include the preservation of game. This authority had been already vested i n the Commissioner of the Yukon under the Yukon T e r r i t o r y Act. Hence to-day game i s the one natural resource i n each t e r r i t o r y which i s under the j u r i s d i c t i o n of the t e r r i t o r i a l governments and i s administered under t e r r i t o r i a l ordinances rather than federal l e g i s l a t i o n . ( v i i i ) Mining,' O i l and Gas In the 1870's prospecting and mining a c t i v i t i e s were super-imposed upon an already changing pattern of northern land use, p r e c i p i t a t e d and shaped by the fur trade introduced north of 60 nearly a century e a r l i e r . Northern mining began with the production of placer gold, i n what i s now the Yukon T e r r i t o r y , i n the 1880's. During the following three decades the chief placer f i e l d s were to.be discovered i n the Klondike, Sixtymile, Stewart River, Mayo, Big Salmon and Kluane areas. Following the discovery of placer gold i n the Klondike i n 1896, the output of gold from the Yukon increased r a p i d l y , reaching a maximum i n 1900 of 1,120,000 o u n c e s / 1 0 1 ? Zaslow (1971:46,111) showed that 'pre-( 1 0 1 ) Camsell, 1947:29. 98 Klondike gold production i n the Yukon never exceeded $300,000 annually but by the year 1900 had reached $22,275,000. I n i t i a l l y , authority for the d i s p o s a l of mineral r i g h t s on Dominion Lands i n the north was contained i n the Dominion Lands Act, 1 8 7 2 . ( 1 0 2 ) In addition to various surface r i g h t s , sub-surface r i g h t s were a v a i l a b l e through purchase (S.37) and were also provided for i n the issue of Letters Patent (S.36) under the Homestead provisions. However, an amendment to the Dominion Lands Act i n 1879^^"^ s t i p u l a t e d i n Section 6 that lands containing coal or other minerals, within surveyed or unsurveyed t e r r i t o r y , were not subject to the provisions of the Act with respect to sale of homesteading, but were to be disposed of under regulations made by the Governor i n Council. An Order-in-Council of March 7, 1 8 8 4 s e t out Mining Regulations governing the d i s p o s a l of mineral lands, other than coal l a n d s . ^ ^ " ^ Section 2 of these Regulations stated that any person could explore vacant Crown Lands, not appropriated or reserved by the •' Government for other purposes, with a view to obtaining a mining claim. ( 1 0 2 ) S.C.35 V i c t . , C.23. ^ 1 0 3 ) S.C.43 V i c t . , C.26. ( 1 0 4 ) S.C.47 V i c t . , C.47, pp.71-92, 1884. (105) R e g U i a t i o n s providing for the d i s p o s i t i o n of coal lands had already been passed by Order-in-Council of December 17, 1881 (S.C.45 V i c t . , p.EH, 1882). 99 Sections 3 through 16 then described the procedure for staking and recording quartz mining claims as did Sections 17 through 35 with respect to placer mining claims. The Regulations s t i p u l a t e d that a quartz mining claim could not exceed 40 acres i n area and that within one year of recording h i s claim, provided he had done $500 work on the claim, the holder could purchase a l l of the mineral r i g h t s f or $5.00 per acre. It was t h i s statutory and regulatory authority which prevailed at the time of the Klondike discovery and i t was these Regulations to which O g i l v i e ^ 1 0 ^ r e f e r r e d when he reported i n 1889, "When I was at Forty-Mile River the miners were very anxious to see me, and to know our mining regulations and laws.' I explained everything they enquired about as f u l l y as my knowledge and the documents at my d i s p o s a l would permit. Many of them who were used to the United States system of each mining community making i t s own b y - l a w s / 1 0 ^ based on the general mining law of the country, and e l e c t i n g t h e i r own recorder to attend to the regulations and see them c a r r i e d out thoughts some of our regulations rather stringent and hard. I heard t h e i r statements and answered such of them as I could, and also promised to lay t h e i r views before the Department (of the I n t e r i o r ) . . . " Wm. Ogilvie, D.L.S., Canadian Department of the Interior, reporting on his survey of Forty-Mile River, from i t s mouth to the Inter-national Boundary Line. Department of the Interior, Annual Report, 1889:Sec.II-13,.; (107) Morrison (1968:4,6) estimated that 75% of those who participated--, in the Klondike gold rush were citizens of the United States; by 1900 this figure had dropped to 53%. 100 An Order-in-Council (P.C.2640) of October 2, 1895 was passed, which established the 'Yukon D i s t r i c t ' of the North West T e r r i t o r i e s . This was followed by the passing of three sets of Regulations i n 1 8 9 8 ( 1 0 9 ) a l l o f w h i c h pertained to mining i n the Yukon D i s t r i c t as d i s t i n c t from the re s t of the North West T e r r i t o r i e s . By 1898 the fe d e r a l government's p o l i c y was to encourage large-scale mining and an Order-in-Council (P.C.22) of January 12, 1898 granting a lease to conduct hydraulic mining operations'formed the basis f o r the hydraulic Regulations passed l a t e r that y e a r . ^ ^ ^ Such operations, to be f e a s i b l e , required substantial t r a c t s of land and large volumes of water and t h i s i n turn led to the p r a c t i c e of c o n s o l i -dating claims. In many cases the small holdings.of the independent miners were bought up by companies. Not a l l claims were purchased, however, and a decision by. the fede r a l government i n 1901/02 conveying to a mining syndicate, headed by A.N.C. Treadgold, the r i g h t to enter (108) (109) (110) See Canada Gazette, v o l . x x x i , p.350, 1897 for a schedule describing boundaries. Placer Mining Regulations for Yukon D i s t r i c t , Order-in-Council of Jan. 18, 1898. Dredging Regulations for Yukon D i s t r i c t , Order-in-Council,pf Jan. 18^1898. Hydraulic Mining Regulations for Yukon D i s t r i c t , Order-in-Council of Dec. 3, 1898. This d i s t i n c t i o n s t i l l p e r s i s t s i n that mining, unlike a l l other natural resources under f e d e r a l administration i n the two t e r r i -t o r i e s , i s administered under d i f f e r e n t Acts i n each t e r r i t o r y . Morrison (1968:41). 1 al-and work a l l lapsed claims on three of the Klondike creeks met with . considerable public opposition. F o r . a ' f u l l discussion of t h i s case see Morrison (1968:43-56). In 1906 the Yukon Placer Mining A c t ^ 1 2 ? was. passed which f a c i l i t a t e d the grouping of claims with the objective of encouraging large-scale c a p i t a l investment. In the short,term, at l e a s t , the Act seemed to have the desired e f f e c t ; annual production did increase from 158,700 ounces of gold i n 1907 to 294,500 ounces by 1913. Then production s t e a d i l y declined reaching a low point of 25,000 ounces i n 1926. For purposes of the Act, placer mining was held to mean a l l methods of working whereby earth,-"soil and gravel could be removed, washed, s i f t e d and ref i n e d f or the purpose of obtaining gold or other minerals but did not include the working of rock i n s i t u . The r i g h t to enter land and acquire claims was provided for under Section 17 of the Act which sai d , "Any person over eighteen years of age may enter for mining purposes, locate, prospect and mine for gold or other precious minerals or stones upon any lands i n the T e r r i t o r y , whether vested i n the Crown, or otherwise, except lands within the boundaries of a c i t y , town or v i l l a g e as. defined by any ordinance of the Commissioner i n Council, unless under regulations approved by the Governor i n Council, or lands occupied by a bu i l d i n g , or within the c u r t i l a g e of a dwelling-house, or la w f u l l y occupied forgplacer mining purposes, or that form part of an Indian reserve." ^ 1 1 2' ) S.C.frEdward VII, C.39. 102 Part VIII of the Act dealt with the grouping of claims and made provision for adjoining claims, not exceeding ten i n number to be grouped f o r the performance of work upon f i l i n g notice with the mining recorder. With the approval of the Commissioner adjoining claims exceeding ten i n number and any number of claims some of which ;were riot adjoining could also be grouped. An amendment to the Placer Mining'Act i n 1908 stated that nothing i n the Act s h a l l prevent the enactment by the Governor i n Council of regulations under which dredging leases may be issued (S.C. 6-7. Edward VII, C.54, S.7) and redefined 'creek' to exclude streams having an average width of 150 feet, that i s those streams which may be considered r i v e r s under the Dredging Regulations (S.C.7-8, Edward VII, C.77, S . l ) . By 1911 most of the independent placer miners had l e f t the Yukon^^"^ and gold production was derived mainly from large-scale operations. In 1912 there were 45 dredging leases i n force i n the Yukon T e r r i t o r y extending along 210.65 miles of the Yukon, Stewart, McQuesten, Fortymile, Big Salmon, Klondike, Hootalinqua and Mayo Rivers. However, as these operations systematically retraced the steps of the o r i g i n a l placer miners, they too began to decline and by 1929 there were only three dredging leases i n force, covering 14.34 Yukon population i n 1911 was 8;512, down from 27,219 ten years e a r l i e r . Department of the I n t e r i o r , Annual Report 1912, p,.48. J 103 .-, f . (115) miles of r i v e r . Railroad rights-of-way were another form of land-use, introduced to the north as a r e s u l t of the gold rush. Before the turn of the century two r a i l r o a d s had been granted charters', the White Pass and Yukon Route ( i n i t i a l l y the White Pass and Yukon Railway and the B r i t i s h Yukon Railway) and the Klondike Mines Railway Company. The former proved successful, surviving the v i c i s s i t u d e s of Yukon development through the 20th century and i s currently an i n t e g r a l part of the Yukon transportation system. The White Pass and Yukon Route's 110 miles of l i n e i n crossing the Coastal Mountains and stretching from Skagway, Alaska on the coast to Whitehorse, Yukon T e r r i t o r y , traverses Alaska, B r i t i s h Columbia and the Yukon for 20.4, 30.9 and 59.1 miles, r e s p e c t i v e l y . Construction of the r a i l r o a d began at Skagway, A p r i l 1898, reached Whitehorse June 8, 1900 and was operational by July 29, 1900, a period of j u s t over two years (Graves, 1908). The Klondike Mines Railway Company proved les s successful. Under a charter granted July 10, 1899, the Company was authorized to construct a r a i l r o a d from Klondike C i t y (across the Klondike River from Dawson) to Bonanza Creek, Dominion Creek, Indian River, Yukon River, hence to Dawson Ci t y ; plus c e r t a i n branch l i n e s i n the v i c i n i t y . An Order-in-Council dated September 4, 1900 approved the route as set ^^"^ Department of the I n t e r i o r , Annual Report 1929. 104 out by the company and granted i t the r i g h t to enter upon and occupy Crown lands for purposes of construction. In a l e t t e r to the Board of Railway Commissioners for Canada dated August 16, 19,06 the Klondike Mines Railway Company applied to open the f i r s t 15 miles of l i n e "from Dawson up the Creeks" f o r the c a r r i a g e 1 of t r a f f i c . By t h i s time much of the l i n e ' s raison d'etre had dis s i p a t e d . The Company was i n f i n a n c i a l d i f f i c u l t y from the b e g i n n i n g ^ ^ ^ and f i n a l l y i n 1920 submitted to a request by the Commissioner of the Yukon that the track be removed,so that the r i g h t -of-way could be used for road purposes.^^ 7^ Although the White Pass and Yukon Route was b u i l t p r i m a r i l y to move men and f r e i g h t to and from the g o l d f i e l d s i n concert with steamships >plying between Whitehorse and Dawson, i t s presence provided other benefits as w e l l . For example the Whitehorse copper b e l t was discovered i n 1897, and i t s l o c a t i o n close to the railway made i t s early development possible. The Company i n a l e t t e r to the Commissioner of the Yukon T e r r i t o r y , dated July 15, 1 9 0 9 , asking that provisions of the Yukon T e r r i t o r y tax ordinance not be l e v i e d on the Company f o r a period of f i v e years, stated that between the time the railway commenced operation, November 5, 1906 and May 31, 1908, i t s earnings were $128,058.82 and i t s expenses $249,655.47 (PAC. RG91, TGR, vol.16, f i l e no. 3306), Letter from J . Latta Esq. to Commissioner, Y.T., dated August 5, 1920 ( I b i d . ) . 105 Another lode deposit of s i l v e r - l e a d was discovered by placer miners i n 1906 near Mayo, Y.T., and mining began there i n 1913. The S i l v e r King property on Galena H i l l was the f i r s t mine to enter production. From 1920 to 1923, most of the s i l v e r and lead produced, . came from deposits that were discovered on Keno H i l l . In 1924, Treadwell-Yukon Corporation b u i l t a 150-ton concentration m i l l at Keno H i l l and i n 1935 the m i l l was moved to the E l s a property on Galena H i l l . Some lode gold was mined i n the Klondike and Carmacks d i s t r i c t s , the most important being the Lone Star mine between Bonanza and Eldorado Creeks. The Department of the I n t e r i o r annual report for 1935 noted that gold-bearing quartz had been discovered near the Yukon River and that possibly a 50-ton m i l l would be constructed i n 1936 to process i t (p.35). Apparently t h i s was not done. In 1924 lode mining i n the Yukon T e r r i t o r y was provided for under a separate Act, j u s t as placer mining had been 18 years e a r l i e r . The Yukon Quartz Mining Act, 1924 (S.C.14-15, George V, C.74) replaced i n the Yukon T e r r i t o r y the Quartz Mining Regulations pursuant to the Dominion Lands Act, although the l a t t e r continued i n force i n the Northwest T e r r i t o r i e s . The Act a p p l i e d ^ 8 ^ to Dominion Lands i n the Yukon T e r r i t o r y and' defined 'mine' to be any land i n which any vein, lode, or rock i n place, s h a l l be mined for gold or other minerals. The Quartz Mining Act and Yukon Placer Mining Act. are s t i l l i n force.. 106 r—i V The Act provided any person over the age of eighteen years with the r i g h t to enter, prospect and mine any vacant Dominion Lands i n the Yukon T e r r i t o r y and any other lands which may be occupied but to which the r i g h t s to enter, prospect and mine were reserved to the Crown. There were c e r t a i n exceptions such as land occupied by any b u i l d i n g or under c u l t i v a t i o n , but these too could be entered and mined with the written consent of the owner or lessee. Although i n t e r e s t i n the mineral p o t e n t i a l of the north dates back to Frobisher's return to England from B a f f i n Island i n 1576, i t was not u n t i l 1933 that the f i r s t metal m i n e ^ 1 1 ^ i n the Northwest T e r r i -t o r i e s started production. In 1930, s i l v e r and pitchblende were discovered by G i l b e r t La Bine on the east shore of Great Bear Lake and i n 1933 a m i l l was placed i n production on the La Bine deposit by Eldorado Gold Mines Ltd. By the end of 1939 about 126,370 tons of ore had been m i l l e d and the estimated value of the concentrate produced was.$7.6 m i l l i o n . Because of the importance of uranium during the l a t t e r stages of the Second World War, the company was expropriated by the fe d e r a l government i n January 1944 and converted to a Crown corporation. In 1935 gold was discovered by a Geological Survey of Canada party along the west shore of Yellowknife Bay. Following three years Crude o i l was being produced near Fort Norman, N.W.T., i n 1920. 107 of considerable prospecting and exploration a c t i v i t y , three mines, Con, Rycon and Negus were brought into production i n 1938-39, f o l -lowed by a fourth i n 1951 #^^0) M i l l i n g , which began i n July 1938 and continued u n t i l August 1943, when operations were suspended due to a shortage of labour, produced gold valued at $6.9 m i l l i o n . M i l l i n g operations were resumed i n August, 1946. In addition to the four.mines which were i n production^ there were also 4690 claims i n good standing by the end of 1941. The e f f e c t of t h i s mining a c t i v i t y i s p a r t i a l l y i l l u s t r a t e d by the f a c t that the non-native population of the Northwest T e r r i t o r i e s , which had been 137 i n 1901, rose to 2284 i n 1941. Unlike the Yukon, the Northwest T e r r i t o r i e s has experienced a steady r i s e i n population since the turn of the century (see Table 3, below). In 1887^ ,R.G. McConnell of the Geological Survey of Canada, noted promising i n d i c a t i o n s of the presence of o i l i n the Devonian rocks of the Mackenzie V a l l e y . In 1914, Dr. T.0_. Bosworth on behalf of a syndicate i n Carigary staked three claims on the bank of the Mackenzie River about 50 miles below Fort N o r m a n . T h e s e claims were subsequently acquired by the Northwest Company, a subsidiary of Con and Rycon, owned by Consolidated Mining and Smelting Company (now Cominco), are situated on the west side of Yellowknife Bay adjacent to the c i t y of Yellowknife. ^ 2 1 ? Alexander Mackenzie, on h i s voyage to the Arctic Ocean i n 1789, had noted o i l seepages i n the area around what i s now Fort Norman. TABLE 3 Population of the Yukon T e r r i t o r y and the Northwest T e r r i t o r i e s ^ ^ Year Y.T. N.W.T. 1901 27,219 na 1911 8,513 6,507 1921 4,157 7,988 1931 4,230 9,723 1941 4,914 12,028 1951 9,906 16,004 1961 14,628 22,998 1966 14,382 28,180 1971 18,388 34,366 1974 (est.) 20,000 ( 2 ) 41,579 ( 3 ) S t a t i s t i c s Canada. Yukon T e r r i t o r i a l Government, Whitehorse, Y.T. Government of the Northwest T e r r i t o r i e s , Department Information, Yellowknife, N.W.T. 109 (122s) Imperial O i l Limited (Camsell 1948:40). ' In 1920 the f i r s t w e l l was d r i l l e d and o i l was encountered at a depth .of 783 feet. The following year a small r e f i n e r y capable of producing motor gasoline and d i e s e l f u e l was erected. The f i r s t s u b s tantial l o c a l demand for o i l came i n 1932 with the development of the p i t c h b l e n d e - s i l v e r deposits of Eldorado Gold Mines at Great Bear Lake. In 1941, production t o t a l l e d 80,000 gallons of a v i a t i o n gasoline, 112,000 gallons of motor f u e l , and 230,000 gallons of f u e l o i l . In order to provide a r e l a t i v e l y secure source of motor f u e l for m i l i t a r y forces i n northwestern North America during the Second World War, the 'Canol Project' was conceived. The object of the project was f o u r f o l d , namely: a.large increase i n the production of the Norman (122) Early provisions.to stake claims and acquire petroleum r i g h t s i n the Yukon and Northwest T e r r i t o r i e s were found.in: (i) Order-in-Council of May 31, 1901 (S.C.63-64, V i c t . , p.lxv) " a l l unappropriated Dominion Lands i n Manitoba, North-West T e r r i -t o r i e s and Yukon T e r r i t o r y s h a l l , on July 1, 1901, be open to prospecting for petroleum by any i n d i v i d u a l or company d e s i r i n g to do so". ( i i ) Order-in-Council of March 23, 1904 (Can. Gazette, v o l . x x x v i i , p.1910) "should o i l be.discovered an area of not more than 640 acres, including o i l w e l l , w i l l be sold to the company or person making the discovery at $1.00 per acre and an a d d i t i o n a l 1280 acres of area may be sold at $3.00 per acre". See also Regulations governing the di s p o s a l of petroleum and natural gas r i g h t s i n Manitoba, Saskatchewan, Alberta, Northwest.Territories and the Yukon T e r r i t o r y . ( i i i ) Order-in-Council of August 12, 1911 (S.C.2, George V, p . c l x ) . 110 Wells o i l f i e l d ; the construction of a p i p e l i n e to carry the crude o i l from Norman Wells, N.W.T., to Whitehorse, Y.T.; the erection of a r e f i n e r y at Whitehorse to provide a v i a t i o n gasoline and other petroleum products; and the construction of supplementary p i p e l i n e s f or the d i s t r i b u t i o n of the petroleum products of the r e f i n e r y . Under the terms of an agreement between the Canadian and United States Governments, the cost of the project was to be borne by the United States»and Canada was to provide e s s e n t i a l land and rights-of-way and waive r o y a l t i e s on o i l production. The laying of the p i p e l i n e was a notable achievement i n that i t traversed the Mackenzie Mountain Range l y i n g between the Mackenzie and Yukon Basins. The l i n e consisted of 457 miles of 4-inch pipe and 120 miles of 6-inch pipe, and ascended to a maximum elevation&of 5,860 fee t . Work was begun early i n 1943 and was completed i n February 1944; the f i r s t o i l through the l i n e reached whitehorse A p r i l 16, 1944. The p i p e l i n e road, p a r a l l e l i n g the l i n e , was completed i n October of 1944. To d i s t r i b u t e the petroleum products of the r e f i n e r y at Whitehorse (which had a storage capacity of 678,500 b a r r e l s ) , a 4-inch p i p e l i n e along the right-rof-way of the White Pass and Yukon Route between whitehorse and Skagway, a 3-inch p i p e l i n e p a r a l l e l i n g the Alaska Highway from Whitehorse to Fairbanks, and a 2-inch p i p e l i n e from Carcross to Watson Lake were completed i n 1943. In early 1945 the need for large petroleum supplies i n Alaska and the Yukon had lessened considerably and on March 8, 1945 I l l d r i l l i n g and production under Canol Project ceased. By that date 67 wells had been d r i l l e d i n the Norman Wells f i e l d and 60 of these had been brought into production and 1,858,751 b a r r e l s of crude o i l were produced for the Canol Project. The approximate metal and petroleum production i n the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s up to the end of 1945 were as follows: Y.T. N.W.T. placer gold oz 9,714,397 -lode gold oz 376,429 s i l v e r oz 45,057,223 1,890,418 copper lb r3.?050,000 237,541 lead lb 95,030,969 ' 16,436 tungsten lb 21,590 140,910 natural gas m.c.f. - 11,600 crude petroleum bbl 2,048,425 pitchblende na (Source: Camsell 1948:23). i 112 Following the Second World War mineral development and relat e d a c t i v i t i e s formed an increasing proportion of northern land use. In 1947 the Mackenzie Highway was completed from Grimshaw, Alberta to Hay River, N.W.T., a distance of 385 miles and the gold mines i n Yellowknife were supplied with e l e c t r i c a l power from the Snare River power development to the north. By 1952 an a d d i t i o n a l 70 miles of road linked the Mackenzie Highway with Pine Point, the s i t e of a large lead-zinc deposit, south of Great Slave Lake. The following year d r i l l i n g operations were conducted at Pine Point and Rankin I n l e t , the s i t e of a n i c k e l deposit on the west shore of Hudson Bay. The North Rankin In l e t N i c k e l Mines Limited came into production i n the summer of 1958 and continued u n t i l 1962. By 1958 o i l and gas exploration permits had been issued which (123) covered most of the Mackenzie Delta. Between 1960 and 1962 construction and development of a tungsten mine on the F l a t River straddling the Yukon Territory-Northwest T e r r i t o r i e s border was started; the survey of the Great Slave Lake Railway was implemented; lead-zinc discoveries were made at L i t t l e Cornwallis Island i n the A r c t i c Islands and Strat-hcona Sound on northern B a f f i n I s l a n d / 1 2 ^ and the f i r s t w e ll The number of active o i l and gas permits i n the N.W.T. increased from 189 covering 10,275,000 acres i n 1954 to 403 covering 21,439,000 acres i n 1958. Development work on t h i s deposit commenced i n 1974 and production i s expected to begin by 1977. 113 was d r i l l e d i n the A r c t i c Archipelago on M e l v i l l e Island. By 1964 the f i r s t lead-zinc ore shipment went out.from Pine Point over the Great Slave Lake. Railway. Development a c t i v i t y was not.Jlimited to the Northwest T e r r i -t o r i e s . In 1956 an asbestos deposit was discovered at C l i n t o n Creek i n the Dawson area and a d r i l l i n g r i g was moved into the Eagle P l a i n s i n preparation for d r i l l i n g the following year. In 1954 there were only 14 active o i l and gas permits i n the Yukon covering 747,803 acres but by 1958 these figures had increased to 225 and 10,006,995 r e s p e c t i v e l y . Between 1961 and 1964 the number of mineral claims recorded i n the Yukon averaged 2500 per year with a high of 3164 i n 1962. Due l a r g e l y to intensive a c t i v i t y i n the Vangorda Creek area t h i s f i g u r e rose to 15,889 i n 1966. In 1969/70 the A n v i l Mining Corporation began open-pit production of a large l e a d - z i n c - s i l v e r deposit i n t h i s area, near Ross River. Gondola containers carrying the concentrate are hauled on t r a c t o r - , t r a i l e r units 235 miles to Whitehorse where they are transferred to railway cars and forwarded over the 110-mile White Pass and Yukon Route r a i l r o a d to Skagway, Alaska, where they are loaded on ships. In 1967 the Cassiar Asbestos Corporation Ltd. began production of asbestos f i b r e on the s i t e of the 1956 discovery at Clin t o n Creek, near Dawson. The start-up of t h i s mine came ju s t one year a f t e r the termination of the large-scale gold dredging operations i n the Dawson area. (1'25) Two natural gasfrpools were discovered i n 1958 and Beaver River gas f i e l d on the B.C.-Yukon border, immediately west of the Yukon-N.W.T. border. 114 1 9 6 6 ( 1 2 6 ) i n the region where the B.C.-Yukon-Northwest T e r r i t o r i e s borders i n t e r s e c t . A 20-inch gas p i p e l i n e extending north from e x i s t i n g f a c i l i t i e s at:Fort Nelson, B.C., to the Beaver River pool was completed i n 1970 and a 32-mile connecting p i p e l i n e to the Pointed Mountain pool was b u i l t i n 1912.^^^ These operations mark the f i r s t commercial production and d e l i v e r y of natural gas from the t e r r i t o r i e s . The increasing importance of mineral exploration and production i s perhaps best i l l u s t r a t e d by the fa c t that between 1963 and 1973 the t o t a l value of mineral production north of 60 increased (128) by a factor of ten (see Figure 1). For more than one hundred years, beginning i n the l a t e 18th century, the trading of fur was the north's only exception to the t r a d i t i o n a l pattern of land use. By 1900 the s i t u a t i o n had changed. . Gold i n the Yukon's Klondike had resulted i n extensive placer mining, (126) p 0 ^ n t e ( j Mountain gas f i e l d i n the Lower L i a r d River v a l l e y , west of Fort L i a r d , N.W.T. (127) a discussion of the conditions of the permit issued to Westcoast Transmission by the Department of Indian and Northern A f f a i r s f o r the 32-mile right-of-way see Naysmith (1973:11). (128) The t o t a l value of mineral production for the two t e r r i t o r i e s i n 1963 was $29,093,683; by 1972 t h i s had r i s e n to $224,407,417 and the preliminary f i g u r e for 1973 i s $310,371,000 (Indian/ Northern A f f a i r s p u b l i c a t i o n number QS-1541-000-EE-A1, Ottawa). F i g . 1 V A L U E O F M I N E R A L P R O D U C T I O N Y U K O N T E R R I T O R Y & N O R T H W E S T T E R R I T O R I E S 1 9 6 4 - 1 9 7 4 250 200 to < O o 150 to Z o - 100 50 Northwest Territories Yukon Territory Source: I AND Annual Reports (O i l & Mineral Division) 64 65 66 67 68 69 Y E A R S 70 71 72 73 74 116 a northern c i t y of 25,000 where a few Indian f a m i l i e s had previously l i v e d , and the construction of a r a i l r o a d . By the 1930's the f i r s t mine i n the Northwest T e r r i t o r i e s went into production and o i l was already being produced near Fort Norman on the Mackenzie River. Timber production reached an a l l - t i m e high during the Second World War with the construction of the Canol p i p e l i n e and the Alaska highway. The 60's saw the construction of another r a i l r o a d , t h i s time i n the Northwest T e r r i t o r i e s , and a surge i n mineral and petroleum exploration and development, which has c a r r i e d through to the present. During t h i s period, of roughly.one century, the evolution of p u b l i c p o l i c y respecting northern land can be characterized as a series of l e g i s l a t i v e amendments to the process of conveying r i g h t s to the use of resources, p r i m a r i l y o i l , gas and minerals. 117 PART TWO. THE PRESENT SETTING The demands made upon t e r r i t o r i a l lands today are diverse, sometimes c o n f l i c t i n g , and r a p i d l y increasing. 118 THE PRESENT SETTING Introduction Before attempting to determine the means for a t t a i n i n g a set of goals respecting public land (both means and goals are discussed at some length i n Part Three)^it i s necessary to know the current status with respect to l e g i s l a t i o n , administration, and the nature and extent of the demands being made upon the land. Since land p o l i c y can be a useful mechanism for a t t a i n i n g c e r t a i n s o c i a l and economic objectives, as w e l l as those pertaining to the development of l o c a l government, i t i s important to be cognizant of p r e v a i l i n g conditions i n those areas also. With these points i n mind Part Two comprises the following. Consideration i s given i n the f i r s t two chapters of Part Two to current northern resource l e g i s l a t i o n . I t i s shown that i n addition to the fed e r a l government's r e s p o n s i b i l i t i e s , the t e r r i t o r i a l govern-ments also play an important r o l e i n the administration and management of northern land. Although a sub s t a n t i a l amendment was made to the T e r r i t o r i a l Lands Act i n 1971, which provided for land use regulations, i t i s evident that the thrust of northern lands p o l i c y to-day d i f f e r s l i t t l e from that described i n Part One. Chapter three attempts to outline the major forms of, and the marked increase i n demand upon, northern land to-day, with the 119 objective of i l l u s t r a t i n g the need f o r a comprehensive p o l i c y which w i l l improve decisions respecting land use and d i s p o s i t i o n . The present structure f o r administering p u b l i c lands i n the north i s discussed i n chapter four. This i s an area which has led to some confusion on the part of the p u b l i c , p r i m a r i l y due to a lack of understanding of the respective r o l e s of the f e d e r a l , t e r r i t o r i a l and municipal governments. This subject i s returned to i n Part Three where c e r t a i n recommendations are made concerning the future adminis-t r a t i o n of northern p u b l i c land. Chapter f i v e i s intended to provide background material on some of the p r e v a i l i n g s o c i a l and economic conditions i n the north, as we l l as the development and r o l e of l o c a l government. CHAPTER ONE. FEDERAL GOVERNMENT LEGISLATION Seventy-eight years a f t e r i t s enactment the Dominion Lands Act was repealed i n 1950. Manitoba, Saskatchewan.and Alberta had by 1930 assumed control and management of t h e i r own natural resources, and mining i n the Yukon T e r r i t o r y , although remaining a fed e r a l r e s p o n s i b i l i t y , was provided f o r under separate l e g i s l a t i o n . ^ " ^ Hence the Dominion Lands Act which had provided the l e g i s l a t i v e base f o r The Yukon Quartz Mining Act and the Yukon Placer Mining Act. 120 a land p o l i c y which included homesreading, the purchase of a g r i c u l t u r a l land and railway land grants, and which i n turn provided the impetus for opening up the Canadian west, was by 1950 l a r g e l y inappropriate f o r administering the r e s i d u a l 'Dominion Lands' to the north. The Dominion Lands Act was replaced by the T e r r i t o r i a l Lands (2) Act (S.C.14 George VI, C.22) which was assented to June 1, 1950. The new Act applied to a l l lands i n the Northwest T e r r i t o r i e s and the Yukon T e r r i t o r y which were vested i n the Crown and under the 'control, management and administration' of the Minister of Resources and Development (that i s , v i r t u a l l y a l l of the land), but did not take precedence over the Yukon Quartz Mining Act or the Yukon Placer Mining Act (S.3). (i ) T e r r i t o r i a l Lands Act The T e r r i t o r i a l Lands Act, 1950,was i n essence enabling l e g i s l a t i o n providing for the d i s p o s i t i o n of surface and sub-surface r i g h t s to land north of 60. It provided the Governor i n Council with authority to s e l l , lease or otherwise dispose of t e r r i t o r i a l lands and to make regulations authorizing the M i n i s t e r to do likewise subject (3) to any l i m i t a t i o n s prescribed by the Governor i n Council. T e r r i t o r i a l Lands Act, 1950, S.26, repealed the Dominion Lands Act'Jtthe I r r i g a t i o n Act and the Reclamation Act. That i s i n addition to c e r t a i n l i m i t a t i o n s which were embodied i n the^iAct i t s e l f , e.g., S.6 stated that no more than 160 acres could be sold or 640 acres leasedtto any one person without the approval of the Governor i n Council. 121 Under the Act the Governor i n Council could also make (4) regulations for the leasing of petroleum and mineral r i g h t s and for the issuance of permits to cut timber and could make regulations and orders with respect to enquiries, including the examination of witnesses under oath, into questions a f f e c t i n g t e r r i t o r i a l lands. F i n a l l y the Governor i n Council was empowered to set apart and appropriate t e r r i t o r i a l lands f o r various purposes including t h e i r use for c e r t a i n p u b l i c works, to f u l f i l o bligations under Indian t r e a t i e s , and as national f o r e s t s , p u b l i c parks, game preserves or other s i m i l a r public purposes. ( i i ) T e r r i t o r i a l Land Use Regulations The current version of the T e r r i t o r i a l Lands Act (RSC 1970, C.48) contains only one major r e v i s i o n to the o r i g i n a l Act. In 1970 the Act was amended authorizing the Governor i n Council, "where he deems i t necessary f o r the protection of the e c o l o g i c a l balance or physic a l c h a r a c t e r i s t i c s of any area...to set apart and appropriate any t e r r i t o r i a l lands as a land management zone". The amendment also authorized the Governor i n Council to make regulations'respecting the protection, control and use of t e r r i t o r i a l lands and the issu i n g of permits for the use of the surface of the land within a land management S.10(a)&(b) of the Act stated that a l l mines, minerals, f i s h e r y and f i s h i n g r i g h t s were to be reserved to the Crown. zone. In addition the Land Use Regulations describe the terms and conditions which may be included i n a land use permit required f o r any operation c a r r i e d out within a land management zone. The 1970 amendment to the T e r r i t o r i a l Lands Act and the 1971 Land Use Regulations., represent a major departure from previous Canadian Government land l e g i s l a t i o n , dating back to the enactment of the Dominion Lands Act i n 1872. Previous l e g i s l a t i o n was designed to transfer surface and sub-surface r i g h t s and to provide a l e g a l basis f o r s e t t i n g aside s p e c i f i c areas f o r p a r t i c u l a r use such as public parks. By providing f o r regulations designed to minimize the detrimental e f f e c t s of land use operations -on the land the 1970 amendment changed the s p i r i t of the Act from that of a v e h i c l e f o r a l l o c a t i n g r i g h t s to one which also protected the land surface. T e r r i t o r i a l Land Use Regulations, SOR/71-580. Other Regulations. under the T e r r i t o r i a l Lands Act (RSC 1970, C.48) include: (i ) T e r r i t o r i a l Land Regulations, SOR/61-1. ( i i ) Canada Mining Regulations, SOR/61-86. Amended by SOR/62-249, 63-462, 66-80, 66-179, 68-120, 68-388, 69-61, 73-277, 73-622. ( i i i ) Canada O i l and Gas Land Regulations, SOR/61-253. Amended by SOR/63-91, 64-341, 66-486, 66-569, 67-342, 67-379, 67-614, 68-368, 69-29, 69-415, 71-662, 73-13. (iv) T e r r i t o r i a l Timber Regulations, SOR/62-276. (v) T e r r i t o r i a l Coal Regulations, 1955 Consolidation. Amended by SOR/65-368, 65-471, 67-586. (vi) T e r r i t o r i a l Quarrying Regulations, SOR/57-1141, Amended by SOR/61-337. ( v i i ) T e r r i t o r i a l Dredging Regulations, 1955 Consolidation; Amended by SOR/55-262. See Naysmith (1973:11,12) for discussion of Land Use Regulations. 123 The a p p l i c a t i o n of the .Land Use Regulations i s l i m i t e d i n two major respects. They do not apply to mining a c t i v i t y i n the Yukon T e r r i t o r y since the T e r r i t o r i a l Lands Act does not l i m i t the operation of the Yukon .Placer.- Mining Act nor. the Yukon Quartz Mining A c t ^ 7 ^ and they do not apply to any lands the surface r i g h t s to which have been disposed of by the Minister. The l a t t e r includes t e r r i -t o r i a l lands which have been leased or sold and also those lands i n ei t h e r of the two t e r r i t o r i e s which have been transferred by Order-in-Council to either Commissioner. ( i i i ) Mining Acts and Regulations Mining and mineral leasing i n the Northwest T e r r i t o r i e s i s provided f o r under the Canada Mining Regulations pursuant to the T e r r i t o r i a l Lands Act whereas i n the Yukon T e r r i t o r y mining a c t i v i t i e s are governed by the Yukon Placer Mining Act and the Yukon Quartz Mining Act. In both t e r r i t o r i e s "minerals" by d e f i n i t i o n includes a l l rock i n s i t u but exclude co a l , gravel, s o i l or hydrocarbons. In the North-west T e r r i t o r i e s placer mining i s also dealt with under the Canada Mining Regulations. In both t e r r i t o r i e s anyone eighteen years of age or over (9) may prospect and mine upon t e r r i t o r i a l lands subject to c e r t a i n ^ T e r r i t o r i a l Lands Act, RSC 1970, C.T-6, S.3(3). (8) T e r r i t o r i a l Land Use Regulations, SOR/71-580, S.3(6). (9) In the Northwest T e r r i t o r i e s a prospector's l i c e n c e i s required, Canada Mining Regulations S0R/61-86, S.10.3. 124 l i m i t a t i o n s . For example, no person may enter, for mining purposes, land la w f u l l y occupied by any person unless he has received permission of the occupant and has given adequate secu r i t y , to the s a t i s f a c t i o n of the mining recorder, for any loss or damage he may cause/; 1 0? Under the Yukon Quartz Mining Act a recorded holder may (11) ' hold h i s claim for a period of one year and from year to year thereafter provided he does one hundred d o l l a r s worth of work on i t annually, S.53111• The claim holder i s e n t i t l e d to receive a " c e r t -i f i c a t e of improvements" when he has complied with c e r t a i n requirements, S.64,^followed by r e c e i p t of a lease upon payment of a fee, S.68. In the Northwest T e r r i t o r i e s a claim may be held for a ten-year period i f one hundred d o l l a r s worth of work i s done on i t , ' (12) annually. A lease must be applied f or within t h i r t y days a f t e r the tenth year i n which the claim was recorded, S.44.1, or within ^ ? Canada Mining Regulations SOR/61-86, S.10.3(a)and(b). Ylukon Quartz Mining Act.RSC 1970, C.Y-4, SS.13-1 and 14. Yukon Placer Mining Act RSC 1970, C.Y-3, SS.17 and 18. (11) Claim s i z e i s the same i n both t e r r i t o r i e s , that i s 1500' x 1500' or 51.65 acres. ^ 1 2 ? If claim i s located south of 66° l a t i t u d e ; north of 66° l a t i t u d e $200 per claim annually i s required for f i r s t two years and $100 annually fornextc eight years (SOR/69-61, S.32(l) and (2)). By Order-in-Council dated January 16, 1975 a licencee may stake an unlimited number of claims i n the N.W.T. i n any area defined by a mineral claim-staking sheet. Previously the l i m i t was 36 claims per year./ •' 125 t h i r t y days of a t t a i n i n g production of f i v e tons per day, S.44.3, otherwise the land w i l l be considered open for r e l o c a t i o n . . In both t e r r i t o r i e s p r o vision i s made for "grouping" of claims p r i o r to applying for a lease. This allows the representation work done on any one claim to be applied to the requirements of a l l claims within the group. A permit system i s provided for under the Canada Mining Regulations SS.26-30, applicable i n the Northwest T e r r i t o r i e s , whereby large t r a c t s of land are made a v a i l a b l e f or prospecting purposes. This system provides exclusive r i g h t s , subject to the ri g h t s of any person holding a mineral claim i n the area, to prospect and develop minerals within a permit area, f o r a period of three years. I f the applicant c a r r i e s out work on the claims up to an amount s p e c i f i e d i n the Regulations (SOR/61-86, S.27(1)) he may stake up to 90 claims the f i r s t year, 250 claims the second year and up to a three year t o t a l of 450 i n the t h i r d year (SOR/62-249, S.27.6). The permit holder i s required to release one-quarter of the t o t a l area at the end of the f i r s t year and one-half of the permit area at the end * +u A (13) of the second year. In addition to the prospector's l i c e n c e and prospecting permit systems the Canada Mining Regulations (SOR/61-86, S.29) also provide for the withdrawal of areas from disposal under the Regulations by the Governor i n Council and authorize,; him to grant to any person exclusive r i g h t s to explore and develop minerals under c e r t a i n terms and conditions. 126 The mining lease i n both t e r r i t o r i e s i s v a l i d f or a period of 21 years. In the Northwest T e r r i t o r i e s leases are renewed auto-ma t i c a l l y i f production has been attained (SOR/62-249, S.46.2). In the Yukon, provided the lessee has complied with a l l of the terms, the lease i s renewable for 21 years on the same terms. For a d d i t i o n a l 21-year periods or a portion thereof, the lease i s renewable subject to terms and conditions described by the Governor i n Council (Yukon Quartz Mining Act, S.96). Where surface r i g h t s have been disposed of, for example, by means of a timber l i c e n c e or a petroleum, grazing, or coal mining lease the mineral lessee, before entering the land, must, i n the case of the Yukon, receive the permission of the Minister (Y.Q.M.A. S.100) and i n the case of the Northwest T e r r i t o r i e s , a designated departmental o f f i c e r (C.M.R. SOR/61-86, S.66.1). I f the surface r i g h t s have been patented and the mineral lessee i s unable to reach anhagreement with the owner of the surface lands, the matter may be submitted to binding;; a r b i t r a t i o n . The intent of the Yukon Placer Mining Act and the Yukon Quartz Mining Act i s b a s i c a l l y the same with respect to questions of entry and renewal, however there i s one d i s t i n c t i v e d i f f e r e n c e i n the two Acts. Under the Placer Mining Act (S.93) the Governor i n Council may either p r o h i b i t entry or allow i t under s p e c i f i c terms and conditions where the land i s required for c e r t a i n p u b l i c works, 127 (14) natio n a l parks, h i s t o r i c s i t e s or other public purposes. ' The Yukon Quartz Mining Act contains no s i m i l a r p r o v i s i o n . (iv) O i l and Gas Regulations On May 1, 1975, i t was announced that the Canadian Government plans to place before Parliament a b i l l to e s t a b l i s h a 'Petroleum and Natural Gas Act'. The Act and pursuant regulations, including the e x i s t i n g Canada O i l and Gas Land Regulations, would provide for o i l and gas exploration and development i n the two t e r r i t o r i e s and include the following points/*"'? - a ten-year production licence would be granted upon discovery, replacing the e x i s t i n g 21-year lease; - when an exploration permit holder makes an a p p l i c a t i o n for a production l i c e n c e , the Crown would have the option of a working i n t e r e s t , and/or a p r o f i t share i n the discovery; - a provision for a reduction i n the royalty rate i f i t was necessary to bring a marginal discovery into production; and - o i l and gas r i g h t s i n Canada Lands (which includes v i r t u a l l y a l l land i n the two t e r r i t o r i e s ) now unalienated, that i s not held under permit, lease or lease a p p l i c a t i o n , would be declared Crown reserves. Cr. 1 (14) This p r o v i s i o n i s inherent i n the l e g i s l a t i o n pertaining to the Northwest T e r r i t o r i e s where the Canada Mining Regulations are pursuant to the T e r r i t o r i a l Lands Act. (15) ^ e M i n i s t e r Q f Indian A f f a i r s and Northern Development to the Independent Petroleum Association of Canada i n Calgary, A l t a . 1 2 8 (It i s possible that the new Crown corporation, Petro-Canada, could receive some i n i t i a l preference with respect to Crown reserve acreage.) At present the a c q u i s i t i o n and u t i l i z a t i o n of t e r r i t o r i a l lands for purposes of petroleum exploration and production are provided for under the Canada O i l and Gas Land Regulations, pursuant to the T e r r i t o r i a l Lands Act. Under these Regulations a permit to explore for o i l and gas on t e r r i t o r i a l lands,not previously held under permit or lease,may be granted by the M i n i s t e r (S.30.1), and i n the case of lands previously held under permit or lease the Minister s h a l l c a l l f o r tenders for the purchase of a permit (S.32.1). The o i l and gas exploration permit grants the permittee exclusive r i g h t s to acquire leases for h a l f the permit area (S.56.2) and imposes a work o b l i g a t i o n . The si z e of the permit varies according to the l a t i t u d e but averages 45,000 acres. The term of a permit can vary from three to s i x years and i s renewable f o r s i x oneryear terms. Under S.49.1 a permittee may apply to group permit areas not exceeding two m i l l i o n f i v e hundred thousand acres provided the parts are contiguous or are within a c i r c l e having a radius of one hundred miles. As with the grouping of mineral claims t h i s allows for the expenditures made on any permit area i n the group to be applied to any or a l l of. the permit areas i f < the permittee wishes (S.50.1). Regrouping by the The O i l and Gas Land Regulations also provide for the issuance of an "exploratory, l i c e n c e " (S.24) which pertains to no s p e c i f i c area; gives the licencee the r i g h t to enter on any vacant lands to search f o r o i l and gas but provides the licencee with no option to acquire o i l and gas leases. 129 permittee i s also permitted (S.51). Grouping and regrouping provides the permittee with f l e x i b i l i t y i n consolidating h i s work so that high l o g i s t i c a l costs can be applied to a s i n g l e . comprehensive program/ 1^? A permittee, upon a p p l i c a t i o n to the Minister, s h a l l be granted an o i l and gas lease. The land contained i n the lease must be selected from within, and must not exceed one-half of, h i s permit area. The term of the lease i s twenty-one years (see 'production l i c e n c e ' , above), renewable upon a p p l i c a t i o n by the lessee, provided the area i s , i n the opinion of the M i n i s t e r , capable of producing o i l or gas and the lessee has complied'with the terms and conditions of the lease and the O i l and Gas Land Regulations. A lessee who i s a holder of a l i c e n c e may carry out exploratory work, d r i l l w e l ls, and produce any o i l or gas from the land within h i s lease area. If during the term of the lease commercial production begins the Minister s h a l l , at the request of the lessee, reissue the lease for a term of twenty-one years. Where the surface r i g h t s to any. part of the lands described i n a permit or o i l and gas lease have been disposed of i n the form of a terminable grant (e.g., timber l i c e n c e or grazing licence) or have been granted under l e t t e r s patent or sold under an agreement of sale, Under the proposed 'Retroleum and Natural Gas Act' these widespread grouping p r i v i l e g e s would be reduced i n order to promote a more rapid i n i t i a l appraisal and a concentration of e f f o r t on the most prospective areas. 0p_. c i t . , Buchanan 1975:12. 130 the permittee or lessee cannot enter upon such lands without the consent of the owner of the surface r i g h t s or holder of the terminable grant and the consent of the occupier of the lands. F a i l i n g either of these the permittee or lessee must have obtained an order for entry from the a r b i t r a t o r r e f e r r e d to i n the Regulations. Following the permittee's s e l e c t i o n of land to be contained (18) i n h i s lease, the remaining 50 per cent of the permit area not selected, i s surrendered to the Crown as 'Crown Reserves'. U n t i l (19) A p r i l 15, 1970, when i t was revoked, a Land Order under the Canada O i l and Gas Land Regulations provided a 60-day option "in which the permittee could s e l e c t a d d i t i o n a l leases from the Crown Reserve by agreeing to pay a s l i d i n g scale ro y a l t y i n addition to the normal 10 '.. -, ((2-0) per; eent^royalty. (18) S.55 of the Regulations provides that o i l and gas leases w i l l not be issued to a corporation unless i t i s a Canadian Corporation and the Minister i s s a t i s f i e d that Canadians w i l l have the opportunity of p a r t i c i p a t i n g i n the financing and ownership of the corporation or to a person unless 'that person i s a Canadian c i t i z e n and b e n e f i c i a l owner of the i n t e r e s t . (19) v ' O i l and Gas Land Order No. 1-1961 of October 12, 1961 as amended. ^ 2°? The Land Order was revoked pending possible amendments to the Canada O i l and Gas Land Regulations, which have been discussed i n reference to the Petroleum and Natural Gas B i l l . 131 Section 58 of the Regulations provides for the disposal of the Crown Reserve by s t a t i n g that "the Minister may grant an o i l . o r gas lease or c a l l tenders for the purchase of an o i l and gas-lease for Canada Lands that have been held under a permit..." The Crown Reserve thus might be disposed of by public sale f or cash bonus. The system whereby the prospective purchaser bids an amount equal to the exploration work he i s prepared to undertake during the primary term (21) of the permit has also been used. (v) Quarrying, Coal and Timber Regulations Other regulations providing for the transfer of surface and sub-surface r i g h t s i n the two t e r r i t o r i e s include the T e r r i t o r i a l Quarrying Regulations, the T e r r i t o r i a l Coal Regulations and the T e r r i -t o r i a l Timber Regulations, each of which' has been passed pursuant to the T e r r i t o r i a l Lands Act. Under the Quarrying Regulations an area up to 160 acres may be leased for the purpose of removing stone, sand, gravel, etc. A f t e r staking out the desired area and paying a lease fee an applicant may receive a ten-year lease, renewable, for quarrying purposes. The Regulations do not permit entry onto private lands and the holder of a quarry lease or permit must obtain the permission of the Minister i f the area under permit or lease i s already subject to a recorded mineral Yates 1973:11.-132 claim or an o i l and gas lease or permit. The maximum area a v a i l a b l e for lease under the T e r r i t o r i a l Coal Mining Regulations i s 640 acres and the term of such a lease i s 21 years, renewable. The lessee has the r i g h t to enter:, and use the surface of the land necessary to conduct h i s operation e f f i c i e n t l y but he must compensate the owner of the surface r i g h t s or lawful occupant of the land f o r any l o s s or damage caused by coal mining operations on the leased area. Where coal i n l e s s e r quantities or f o r a shorter period i s required, a permit may be applied f o r , which l a s t s u n t i l the 21st of March, next. The r i g h t of entry under a permit Is the same as that for a lease but the permittee may only mine the coal up to the quantity s p e c i f i e d i n the permit. The T e r r i t o r i a l Timber Regulations apply to the c u t t i n g and removal of timber on t e r r i t o r i a l lands which are under the c o n t r o l , management and administration of the Minister of Indian A f f a i r s and Northern Development; that i s a l l of the land.north of 60 except that contained within Commissioner's Lands (discussed below). The Regulations authorize the Minister to issue a permit to any i n d i v i d u a l over the age of eighteen or to any corporation for the cutt i n g and removal of timber. In addition a f o r e s t o f f i c e r may issue a permit to s i m i l a r p a r t i e s for the production and removal of up to 2.5 m i l l i o n board feet per annum. The Regulations also cover the payment of timber dues, the seizure of timber unlawfully cut, reserves adjacent to public roads and lake shores and the c a n c e l l a t i o n of a. 133 (22) permit by the Minister or Superintendent. Federal o f f i c e r s of the f o r e s t services also administer t e r r i t o r i a l l e g i s l a t i o n i n the form of Forest Protection Ordinances through appointment by the two Commissioners. The Forest Protection Ordinances deal with such matters as the burning of slash and debris during right-of-way c l e a r i n g ; closed seasons, burning permits and f i r e - f i g h t i n g assistance. (vi) T e r r i t o r i a l Land Regulations. The T e r r i t o r i a l Lands Act provides for the sale, lease or other d i s p o s i t i o n of t e r r i t o r i a l land north of 60 and the T e r r i t o r i a l Land Regulations deal s p e c i f i c a l l y with the administration and d i s p o s a l of these lands. A l l d i s p o s i t i o n s are subject to c e r t a i n reservations, some by v i r t u e of the Act, f o r example, , a l l mineral, f i s h i n g and water r i g h t s are reserved to the Crown as i s the bed below any body of water, and a one hundred foot wide s t r i p along the shoreline of any navigable water. Under the T e r r i t o r i a l Land Regulations other reservations and conditions apply. For example, i n every agreement Jof:,sale or grant, other than surveyed land i n a townsite, a part of the land may be appropriated for the purpose of a public road and every lease s h a l l contain a reservation of a l l mines and minerals, whether Superintendent of the Yukon Forest Service, whitehorse, Y.T., and Superintendent of the Northwest Forest Service, Fort Smith, N.W.T. 134 s o l i d , l i q u i d or gaseous, and f u l l power to use and occupy the lands i n order to extract them. Section 12 of the Land Regulations also s t i p u l a t e s ^ t h a t . a l l leases contain a reservation: of a l l timber; the r i g h t to enter upon and remove any rock outcrop required for public purposes; right-of-way and of entry as may be required to construct and maintain f a c i l i t i e s for conveying water to mining operations; and the r i g h t to enter upon the land, i n s t a l l and maintain a p u b l i c u t i l i t y . In nearly a l l instances the i n i t i a l occupation of land i s through a lease or an agreement of sale. In the l a t t e r case t i t l e i s not granted u n t i l c e r t a i n improvements to the land, s p e c i f i e d i n the agreement, have been completed. Such improvements usually comprise the construction of buildings and/or f a c i l i t i e s pertaining to a p a r t i c u l a r land-use. An agreement of sale i s usually issued for a term of f i v e years with the purchase p r i c e of the land being paid i n f i v e equal installments. Once the conditions of the agreement have been met, the f u l l purchase p r i c e paid, the p a r c e l conveyed and the plan f i l e d i n the appropriate Land T i t l e s O f f i c e , a t i t l e to the land may be issued. Leases may be granted for any period up to t h i r t y years. Under normal circumstances a lessee may obtain a renewal of h i s lease. I f a renewal i s not required or cannot be granted, the lessee may remove his improvements from the land and a stated period of time i s allowed i n which to do t h i s . 135 The sale and leasing of Crown lands, other than lands (23) su i t a b l e f o r grazing or muskrat farming, are l i m i t e d to 160 acres and 640 acres r e s p e c t i v e l y to any one person unless otherwise approved by the Governor i n Council. With the enactment of the T e r r i t o r i a l Lands Act and the revoking of the Dominion Lands Act i n 1950^the l e g i s l a t i v e p r o vision for homesteading north of 60 was removed. However i f an i n d i v i d u a l wishes to farm and has s u f f i c i e n t c a p i t a l to do so he may be provided with up to 160 acres of arable land. I n i t i a l occupation i s under a lease issued for a f i v e year term with the lessee being required to construct a house and to place a stated acreage under c u l t i v a t i o n before the lease expires. The lease may contain an option to purchase, thus allowing the lessee, once the s p e c i f i e d improvements have been made, to make a p p l i c a t i o n to have the land surveyed and subsequently purchase i t . Although the T e r r i t o r i a l Lands Act provides for the d i s p o s i t i o n of the surface and sub-surface r i g h t s to v i r t u a l l y a l l land north of 60, except for mines and minerals i n the Yukon T e r r i t o r y , there are several other fe d e r a l statutes which may a f f e c t northern land use, such as the Northern Inland Waters Act, the National Parks Act and the Not more than 6,400 acres of land may be leased, but not sold, to any one person f o r purposes of grazing or muskrat farming without the approval of the Governor i n Council. 136 Canada W i l d l i f e A c t . ( 2 4 ) CHAPTER TWO. TERRITORIAL GOVERNMENT LEGISLATION (i) Commissioner's Lands It should be made c l e a r , however, that a l l land north of 60 i s not administered by the fe d e r a l government. Under Section 45 (25) of the Northwest T e r r i t o r i e s Act and Section 46 of the Yukon Act ce r t a i n land i s appropriated to the t e r r i t o r i e s and i s subject to the contr o l of the Commissioner i n Council. The section i n each Act states: "The following properties, namely, (a) lands acquired before, on or a f t e r the f i r s t day of A p r i l 1955 with t e r r i t o r i a l fundsj (b) public lands, the administration of which has before, on or a f t e r the 1st day of A p r i l 1955 been transferred by th^Governor i n Council to the T e r r i t o r i e s , (c) a l l roads, s t r e e t s , lanes and t r a i l s on public lands, and (d) lands acquired by the T e r r i t o r i e s pursuant to tax sale proceedings, (24) (25) For a more complete d e s c r i p t i o n of these Acts and the respective sections which are pertinent to northern land use see Appendix E. Northwest T e r r i t o r i e s Act, RSC 1970, e.S>-22. Yukon Act, RSC 1970, c.Y-2. For the Yukon Act should read ' T e r r i t o r y ' wherever the word ' T e r r i t o r i e s ' occurs i n t h i s passage. 1 3 7 are to remain vested i n Her Majesty i n r i g h t of Canada, but the r i g h t to the b e n e f i c i a l use or to the proceeds thereof i s hereby appropriated to the T e r r i t o r i e s and i s subject to the control of the Commissioner i n Council; and any such lands, roads, s t r e e t s , lanes or t r a i l s may be held by and in.the name of the Commissioner for the b e n e f i c i a l use of the T e r r i t o r i e s . The e f f e c t of t h i s clause i s to give the t e r r i t o r i a l governments the authority to administer the surface r i g h t s of c e r t a i n lands, commonly known as "Commissioner's Lands", i n and around communities, subject to c e r t a i n f e d e r a l reservations as c i t e d i n the T e r r i t o r i a l Lands Act. The Commissioner's Lands i n the. Yukon T e r r i t o r y are administered under the Yukon Lands Ordinance and i n the Northwest T e r r i t o r i e s under the Commissioner's Land Ordinance. The lands to which these ordinances apply are those described i n the Yukon Act and the Northwest T e r r i t o r i e s Act as "remaining vested i n Her Majesty i n r i g h t of Canada but the r i g h t to the b e n e f i c i a l use or the proceeds thereof i s hereby appropriated to the t e r r i t o r i e s and i s subject to the control of the Commissioner i n Council". In both cases i t i s clear that i t i s the surface r i g h t s only to which the Ordinances , (27) apply. Subject to the Ordinances and regulations, each Commissioner Yukon Lands Ordinance S.32. Commissioner's Land Ordinance, S.3.d. 138 may s e l l , lease or otherwise dispose of land within the "Commissioner's Lands" and he may make those regulations and orders he deems necessary i n order to carry out the provisions of the Ordinance. In each t e r r i t o r y the Commissioner i s empowered to withdraw any t r a c t s of Commissioner's Lands from disposal under the respective Ordinance where i t i s considered advisable i n the public i n t e r e s t to do so and to set apart and appropriate such t r a c t s for public or other (28) purpose.N T i t l e to Commissioner's Lands i n the Yukon may be "trans/? ferred forthwith" or by entering into an agreement for sale subject to the terms and conditions contained i n the tender c a l l . The Regulations governing the administration and disposal of Yukon Lands,.(Commissioner's Lands) also authorize leasing f o r r e s i d e n t i a l , r e c r e a t i o n a l , a g r i c u l t -u r a l and grazing purposes. In the Northwest T e r r i t o r i e s the Director of Local Government administers the Land Regulations under the Commissioner's Land Ordinance and i s authorized by the Commissioner to execute leases and agreements of sale. He i s also authorized to issue permits for the cutting and removal of hay and timber and for quarrying. Timber permits on Commissioner's Lands i n the Yukon are issued by the fed e r a l The Yukon Lands Ordinance states i n S.8.2 that the Commissioner "may designate the most desirable use of any Yukon lands and with-draw such lands from d i s p o s i t i o n under t h i s Ordinance for any purpose other than the use so designated". 139 Yukon Lands and Forests Service and the r e s p o n s i b i l i t y f o r administering quarries within community boundaries has been turned over to the l o c a l councils i n each case. ( i i ) Area Development Ordinance In addition to the Lands Ordinance i n each t e r r i t o r y which provides f o r the d i s p o s i t i o n of land under the administration of the Commissioners, each t e r r i t o r y also has an Area Development Ordinance. This l a t t e r Ordinance has been referred to by Beauchamp (1973:97) as "land use control l e g i s l a t i o n " and he suggests that i t functions as a control mechanism on land use operations at the t e r r i t o r i a l govern-ment l e v e l much l i k e the Land Use Regulations under the T e r r i t o r i a l Lands Act do on 'federal' lands north of 60. (29) The Area Development Ordinances go beyond the fede r a l Land Use Regulations i n that the former authorize the Commissioner to make regulations f o r the orderly development of an area, respecting the zoning of the area, including the a l l o c a t i o n of land for a g r i c u l t -u r a l , r e s i d e n t i a l , business, i n d u s t r i a l , educational, p u b l i c or other purposes. That i s , while the Land Use Regulations under fed e r a l statute attempt to minimize a l t e r a t i o n of the land surface by c o n t r o l l i n g the The Area Development Ordinance i n each t e r r i t o r y applies to a l l land and not only those lands known as "Commissioner's Lands". The authority f o r the Area Development Ordinance stems from the Yukon Act (RSC 1970, C.Y-2, S.16) and the Northwest T e r r i t o r i e s Act (RSC 1970, C.N-22, S.13). 140 manner i n which land-use operations are conducted, the Area Development Ordinance can control and specify the type and nature of c e r t a i n a c t i v i t i e s i n a p a r t i c u l a r zone. In order to remedy any default under t h i s Ordinance the Commissioner or h i s delegate may take action which may include the destruction, a l t e r a t i o n or removal of any b u i l d i n g s , structures or portions thereof. It i s apparent i f one considers the balance of the Commissioner's powers under the Area Development O r d i n a n c e t h a t the i n t e n t i o n of the l e g i s l a t i o n i s to control development i n and around communities. There has been one major exception to t h i s approach, however. On January 11, 1973, the Commissioner of the Northwest T e r r i t o r i e s established the Mackenzie Development Area, by Commissioner's Order No. 2-73, pursuant to the Area Development Ordinance. The Mackenzie Development Area includes a l l of that portion of the Mackenzie D i s t r i c t of the Northwest T e r r i t o r i e s which l i e s within four miles of each side of the Mackenzie Highway, or i t s proposed route, from the junction of that highway and the Hay River road northward to and including the community of Tuktoyaktuk. In addition to e s t a b l i s h i n g the Mackenzie Development Area the Order provides f or Mackenzie Development Regulations. These Regulations apply to the whole of the Mackenzie Development Area and, To make regulations respecting: the erection, maintenance, etc. of b u i l d i n g s ; s t r e e t s , parks, street l i g h t i n g , etc.; public health including water supply, garbage disposal; f i r e protection; and animals. 141 . i n part, state.that no person may, without the written consent of an Area Development O f f i c e r : cut and remove timber; erect or maintain a b u i l d i n g ; make excavations or e s t a b l i s h camps. Considering the. f a c t that the area involved comprises more than 8000 square miles i t i s not d i f f i c u l t to imagine the Area Development Ordinance, i n t h i s instance, functioning as regional planning l e g i s l a t i o n . ( i i i ) Other T e r r i t o r i a l Ordinances Regional planning l e g i s l a t i o n i s being considered by the Yukon T e r r i t o r i a l Government and a 'Planning' B i l l i s expected to be (31) placed before the Yukon Council i n the autumn of 1975. This B i l l , which proposes the establishment of a 'Yukon Planning Control Board', would probably u t i l i z e the Area Development Ordinance to implement plans proposed under the Planning Ordinance. One other t e r r i t o r i a l ordinance with a d e f i n i t e land-use connotation i s the ' T e r r i t o r i a l Parks Ordinance' of the Northwest T e r r i t o r i e s . The Ordinance r e f e r s to four types of T e r r i t o r i a l Parks, v i z : Natural Environment Recreation Parks, to preserve the natural environment f o r the b e n e f i t , education and enjoyment of the p u b l i c ; Outdoor Recreation Parks to provide opportunities f o r p u b l i c outdoor r e c r e a t i o n a l a c t i v i t i e s ; Community Parks to provide outdoor Pers. Comm., W. Biltewich, Yukon T e r r i t o r i a l Government, Whitehorse, Y.T. 142 r e c r e a t i o n a l a c t i v i t i e s f o r the benefit of p a r t i c u l a r communities; and Wayside Parks to provide for the enjoyment, convenience and comfort of the t r a v e l l i n g p u b l i c . Land required f or park purposes determined by the T e r r i -t o r i a l Parks Committee set up under S.5.1 of the Ordinance may be made avai l a b l e under the T e r r i t o r i a l Lands Act. Section 6.1 of the T e r r i t o r i a l Parks Ordinance provides that "where land has been set aside under an Act of the Parliament of Canada for park purposes, the Commissioner i n Council may e s t a b l i s h a Natural Environment (32) Recreation Park or an Outdoor Recreation Park". I t i s important to note here that land i s only "set aside" f o r park purposes,but the r i g h t to dispose.of any surface r i g h t s to use or occupy the surface of the land or to e s t a b l i s h , engage in,or conduct any business, (33) commercial enterprise or industry remains with the fe d e r a l government, since the land i s s t i l l subject to any Act of the Parliament of Canada (S.13). The T e r r i t o r i a l Park Committee, i n examining proposals for the establishment of T e r r i t o r i a l Parks and advising the Commissioner and the T e r r i t o r i a l Council on matters re l a t e d to the establishment (32) Community Parks and Wayside Parks, the remaining two park categories provided for i n the Ordinance may be established by Commissioner's Order (S.6.2). (33) Unlike the Yukon Lands Ordinance or the Northwest T e r r i t o r i e s Commissioner's Land Ordinance which transfers the administration of public lands to the t e r r i t o r i e s and authorizes the Commissioner to dispose of surface r i g h t s and to withdraw t r a c t s from d i s p o s a l . 143 and operation of such parks, must consult with representatives of those people r e s i d i n g i n or near the l o c a t i o n of a proposed park and may hold public hearings on park proposals. The Commissioner of the Northwest T e r r i t o r i e s may appoint a Superintendent of Parks, responsible for the administration and enforcement of the Ordinance and regulations .-inh a T e r r i t o r i a l Park. The Ordinance provides the Superintendent with authority to issue permits upon such terms and conditions'as he may prescribe, authorizing a person to carry out c e r t a i n a c t i v i t i e s within a T e r r i -t o r i a l Park, including: the occupying or using the surface of any land within a T e r r i t o r i a l Park; and e s t a b l i s h i n g or engaging i n business or i n d u s t r i a l a c t i v i t y within a T e r r i t o r i a l Park. Although those land'.use a c t i v i t i e s provided f or under various f e d e r a l Acts cannot (34) be precluded from T e r r i t o r i a l Parks, the Commissioner may make regulations concerning such things as: controlling...the use and development of resources i n a T e r r i t o r i a l Park and the standards to be observed i n the conduct of any business i n a park. T e r r i t o r i a l Parks Ordinance, S.13. 144 CHAPTER THREE. LAND USE TODAY• The d i v e r s i t y of the current demands for northern land i s r e f l e c t e d i n the wide-ranging l e g i s l a t i o n discussed above. The spectrum of northern a c t i v i t i e s requires land f o r such purposes as: community development; road, a i r s t r i p , p i p e l i n e and communication f a c i l i t i e s ; hunting, f i s h i n g and trapping; p r i v a t e , commercial and public recreation such as cottage l o t development, sport hunting and f i s h i n g and t e r r i t o r i a l and national parks; timber harvesting, a g r i c u l t u r e and grazing; mineral, o i l and gas exploration and production; game preserves, b i r d sanctuaries and e c o l o g i c a l reserves. (i ) O i l and Gas O i l and gas exploration a c t i v i t i e s are the most extensive land use operations north of 60. Today there are more than'400 m i l l i o n , acres held under o i l and gas exploration permits i n the two territories. This f i g u r e i s more than double the 1968 average (see F i g . 2). During the period 1968 to 1973 the acrea'ge held under o i l and gas lease increased f o u r - f o l d , from approximately one m i l l i o n to over four m i l l i o n acres (see F i g . 3). The t o t a l number of wells which had been d r i l l e d north of 60 to the end of 1973 was 734 of which 85 were d r i l l e d i n 1973. For the six-year period commencing 1968 a t o t a l of 51 o i l and gas discoveries were made. F i g . 2 ACREAGE HELD UNDER OIL & GAS PERMITS YUKON TERRITORY & NORTHWEST TERRITORIES 1 9 6 4 - 1 9 7 4 500 h 400 h 300 at < O 200 100 Source: l A N D Annual Reports (Oi l & Mineral Division) 64 65 66 67 68 69 70 71 72 73 74 Y E A R S Fig.3 A C R E A G E U N D E R O I L & G A S L E A S E Y U K O N T E R R I T O R Y & N O R T H W E S T T E R R I T O R I E S 1 9 6 5 - 1 9 7 4 5 h -5 £ 4 Z at u < Z o - 2 Northwest Territories (Left Scale) Yukon Territory (Right Scale) -4 -3 -2 -1 Source: I A N D Annual Reports (O i l & Mineral Divis ion) X c Z a TO •H X O c > Z > o jo m t/> l -< o> JL 65 66 67 68 69 70 Y E A R S 71 72 73 74 147 TABLE 4 Number of O i l and Gas Permits and Acreage Held at December 31, 1973 Area N.W.T. Mainland Yukon Mainland A r c t i c Islands A r c t i c Coast Marine No. of Permits 1,770 488 5,024 1,310 8,592 Acreage 79,905,301 20,775,676 243,599,272 63,413,809 407,694,058 Source: LAND records, Ottawa. TABLE 5 Number of Leases and Acreage Held at December 31, 1973 Area N.W.T. Mainland Yukon Mainland A r c t i c Islands A r c t i c Coast Marine No. of Leases 682 93 n i l -n i l 775 Acreage 4,095,569 427,854 n i l n i l 4,523,423 Source: LAND records, Ottawa. i The annual revenue accruing to the fede r a l Department of Indian and Northern A f f a i r s from the o i l . and gas industry f o r the period 1963/64 to 1973/74 may be found i n Table 6. These revenues include l i c e n c e , permit and lease fees, r e n t a l s , r o y a l t i e s and cash bonuses. TABLE 6. Tota l Annual Revenue from"the O i l and Gas Industry by Year - Yukon T e r r i t o r y and Northwest T e r r i t o r i e s Year T o t a l Annual Revenue 1963/64 $1,187,499.38 1964/65 878j243.07 1965/66 6,272,298.44 1966/67 1,722,375.51 1967/68 2,087,419.52 1968/69 9,604,378.69 1969/70 2,633,320.79 1970/71 4,952,391.81 1971/72 5,645,900.57 1972/73 5,913,943.24 1973/74 6,326,022.07 Source: LAND records, Ottawa. 150 ( i i ) Mining From the standpoint of value of production and numbers employed, mining i s the north's larges t industry. As a 'land-user' mining and mineral exploration rank second behind o i l and gas. In 1974 there were a t o t a l of 26,000 mineral claims recorded i n the two t e r r i t o r i e s . This fi g u r e represents a s l i g h t increase from 1973 but i s considerably l e s s than the 1968 t o t a l of 60,000 claims (see F i g . 4). The land area covered by new claims i n 1974 was (35) 1,332,614 acres. Perhaps more s i g n i f i c a n t than the number of new claims recorded i s the number of claims held i n good standing. In 1974 t h i s f i g u r e stood at 81,523 covering 4.2 m i l l i o n acres (see. F i g . 5). In addition, 18 prospecting permits were granted i n the Northwest T e r r i t o r i e s i n A p r i l , 1975 covering approximately 3.5 m i l l i o n acres of land. This brought.the t o t a l number of prospecting permits i n good standing to 66 which i n turn cover about.12 m i l l i o n acres. Sixty percent of the t o t a l value of mineral production i n the Yukon T e r r i t o r y to date was generated i n the past decade (1965 to 1974); and the comparable f i g u r e for the Northwest T e r r i t o r i e s i s more than 80 percent. These f i g u r e s , and p a r t i c u l a r l y the l a t t e r , tend to i l l u s t r a t e the r e l a t i v e l y recent growth of mining a c t i v i t y i n the north. One mineral claim covers 51.65 acres. o z > o JO 152 M I N E R A L C L A I M S IN G O O D S T A N D I N G I N T H E Y U K O N T E R R I T O R Y & N O R T H W E S T T E R R I T O R I E S F i g . 5 6 h-on u < Area Covered By Claims Z o 130 < u u. O t » 90 Q Z < 3 o z - 70 Number of Claims Source-. I A N D Annual Report (O i l & Minera l Division) 50 X 67 68 69 70 71 YEARS 72 73 74 153 TABLE 7 Value of Mineral Production Year N.W.T. Y.T. To t a l 1965 * 73,707,480 4 13,400,535 £ 87,108,015 1966 110,357,883 11,975,757 122,333,640 1967 117,394,663 14,990,529 132,385,192 1968 114,711,166 21,365,555 136,076,721 1969 118,185,520 35,402,563 153,588,083 1970 132,637,613 77,511,933 210,149,546 1971 114,228,949 93,020,402 207,249*351 1972 117,905,350 106,502,067 224,407,417 1973 158,925,167 150,667,311 309,592,478 1974 223,047,000 185,041,000 408,088,000 ecade T o t a l 1,281,100,791 709,877,652 1,990,978,443 • Date T o t a l 1,584,800,174 ( 1 ) 1,166,848,528 ( 2 ) 2,751,648,702 Source: LAND Annual Reports, O i l and Minerals D i v i s i o n ; f o r a break out by minerals, see Appendix G. Cumulative t o t a l since 1932. Cumulative t o t a l since 1886. 154 The $183 m i l l i o n of mineral production i n the Yukon i n 1974 came from three underground and two open-pit mines, which (36) together produced lead, zi n c , copper, asbestos and c o a l . For the t h i r d consecutive year the Yukon was the leading lead producer i n Canada. Mineral production i n the Northwest T e r r i t o r i e s i n 1974, which included lead, zinc, copper, gold, s i l v e r and tungsten valued at $223 m i l l i o n , was obtained from two open-pit and four underground mines. By 1976 or 1977, Nani s i v i k Mines Ltd., an underground lead-zinc mine situated at the north end of B a f f i n Island, i s expected to come into production. Cyprus A n v i l Mining Corporation; lead-zinc; open-pit. Cassiar Asbestos Corporation Ltd.; asbestos; open-pit. United Keno H i l l Mines Ltd.; silver-lead-zincTcadmium; underground. Whitehorse Copper Mines Ltd.; copper; underground. Tantalus Butte Coal Mine; coal; underground. Pine Point Mines Ltd.; lead-zinc; open-pit. Canada Tungsten Mining Corporation; tungsten-copper; open-pit. Con-Rycon-Val Mine; gold; underground. Giant Yellowknife Gold Mines Ltd.; gold; underground. Echo Bay Mines Ltd.; silver-copper; underground. Terra Mining and Exploration Ltd.; silver-copper; underground. (38) An Eskimo word meaning "the place where things are found". 155 ( i i i ) Forestry and A g r i c u l t u r e The commercial u t i l i z a t i o n of northern timber i s r e l a t i v e l y small i n comparison with the volume which could be cut iri the two t e r r i t o r i e s on a sustained y i e l d b a s i s . It i s estimated that the annual allowable cut f o r coniferous species ( i . e . , white and black spruce, lodgepole and jackpine) which i s commercially (39) accessible i s approximately 50 m i l l i o n cubic f e e t . During the past ten year period annual timber production north of 60 has averaged s l i g h t l y over.3 m i l l i o n cubic feet (see Table 8). Timber production has been c o n s i s t e n t l y higher i n the Yukon T e r r i t o r y than i n the Northwest T e r r i t o r i e s (see F i g . 6). This i s probably due to the fa c t that the commercial stands of timber i n the Northwest T e r r i t o r i e s are le s s accessible and farther from l o c a l markets than they are i n the Yukon T e r r i t o r y . Timber production i n the t e r r i t o r i e s i s intended p r i m a r i l y f o r the l o c a l market and c o n s i s t s mainly of sawlogs, mine timber and firewood (see Appendix H). Although present timber u t i l i z a t i o n i s l e s s than ten per cent of the a v a i l a b l e cut i t w i l l probably increase s i g n i f i c a n t l y over the next decade, p a r t i c u l a r l y i f r a p i p e l i n e i s b u i l t up the Mackenzie V a l l e y . Based on demand projections and considering Canada's p o t e n t i a l Based on r e l a t i v e l y recent inventory surveys i n the T e s l i n Forest Unit and the Upper L i a r d Watershed of the Yukon T e r r i t o r y and the Lower L i a r d Watershed of the Northwest T e r r i t o r i e s . 156 timber supply i t i s possible that by the 1990's the f u l l allowable coniferous,cut f o r the two t e r r i t o r i e s w i l l be u t i l i z e d (Naysmith 1970:6). m TABLE 8 Annual T e r r i t o r i a l Timber Production* Year Volume (cubic feet) 1961/62 1,849,710 1962/63 3,198,520 1963/64 3,618,790 1964/65 2,902,870 1965/66 2,159,920 1966/67 3,129,990 1967/68 2,867,760 1968/69 2^975,170 1969/70 4,062,690 1970/71 2,593,920 1971/72 2,273,350 1972/73 2,868,200 1973/74 4,322,030 Source: LAND f i l e s , Ottawa. Yukon T e r r i t o r y and Northwest T e r r i t o r i e s F i g . 6 V O L U M E O F T I M B E R H A R V E S T E D A N N U A L L Y IN T H E Y U K O N T E R R I T O R Y & N O R T H W E S T T E R R I T O R I E S Source: I A N D Annual Reports (Water, Forest & Land Division) Ji 1 1 1 1 ; i i i 64 65 66 67 68 69 70 71 72 73 74 YEARS Fig.7 A P P R O X I M A T E A R E A C U T O V E R A N N U A L L Y B Y T I M B E R O P E R A T I O N S I N T H E Y U K O N T E R R I T O R Y & N O R T H W E S T T E R R I T O R I E S 30 at u < I/I O 25 i u 20 et Q Z 15 10 Source : Water, Forest & Land Divis ion I A N D Ln oo 64 65 66 67 68 69 YEARS 70 71 72 73 74 159 Agri c u l t u r e i n the Yukon and Northwest T e r r i t o r i e s has never been a major form of land use. Climate and, i n most areas, s o i l , impose d e f i n i t e l i m i t a t i o n s on the type of crops that can be grown suc c e s s f u l l y and on y i e l d s that can be obtained. The 1931 Census showed that there were 41 farms i n the Yukon T e r r i t o r y occupying 5197 acres. Subsequent Censuses show a steady decline; by 1971 the number of farms i n the Yukon t o t a l l e d 12 (of which three were considered commercial)^ 0? and occupied 2,721 acres. The 1961 Census l i s t e d 15 farms of which two were c l a s s i f i e d as commercial and showed the t o t a l sales of farm products to be $15,610. The sale of farm products from the three commercial farms i n 1971 was $18,380. These figures would indi c a t e that northern farming rather than being a v i a b l e industry simply provides a way of l i f e . In 1961 there were 33 separate parcels of land held i n the Yukon T e r r i t o r y for a g r i c u l t u r a l or grazing purposes, either under lease or agreement of sale. The t o t a l area involved was 10,300 acres. By 1965 the area held for a g r i c u l t u r a l and grazing use (primarily the l a t t e r ) under leasehold or agreement of sale, had more than doubled, r i s i n g to 27,700 acres. At the end of March, 1970, there were 55 leases f o r a g r i c u l t u r a l purposes, in v o l v i n g approximately 2500 acres, and 76 grazing leases comprising some 35,000 acres, i n force. Commercial farms include a l l farms reporting $1200 or more sales of a g r i c u l t u r a l products. 160 TABLE 9 Farms i n the Yukon T e r r i t o r y Number of farms Number of commercial farms T o t a l area of farms (ac.) Improved land (ac.) Unimproved land (ac.) (2) Tot a l c a p i t a l ' (ooo's $>; T o t a l sales farm products (000's $) 1931 1941 1956 41 26 16 na na 4 5197 2781 3997 778 511 634 4419 2270 3363 na na na na ha na 1961 1966 1971 • 15 9 \12 2 2 3 8072 3680 2721 954 463 1418 7118 3217 1303 372.4 121.3 478.8 15£6i' 22.5 18.4 • ; s o i " -Source: unpublished data from the Census of A g r i c u l t u r e provided by S t a t i s t i c s Canada, Ottawa. Includes a l l farms reporting $1200 or more ($2500 or more i n 1966 and 1971) sales of a g r i c u l t u r a l products. Includes land, b u i l d i n g s , machinery, l i v e s t o c k . 161 The number of a g r i c u l t u r a l holdings i n the Northwest T e r r i -t o r i e s i s even l e s s than i n the Yukon. For example, i n 1970/71 there were, for a g r i c u l t u r a l , market gardening and grazing purposes, 27 leases and.10 agreements of sale i n good standing. By March, 1974, the number of leases and agreement of sale, for the same purposes, had dropped to 13 and 4 re s p e c t i v e l y . It should be pointed out, however, that the r e l a t i v e l y few parcels of land being held for a g r i c u l t u r a l purposes i n the north i s more a r e f l e c t i o n of the Canadian government's p o l i c y than lack of in t e r e s t on the part of the pu b l i c . There has been no homesteading l e g i s l a t i o n pertaining to northern lands since the repeal of the Dominion Lands Act i n 1950 and since that time i t has not been government p o l i c y to encourage the use of t e r r i t o r i a l land for a g r i c u l t u r a l (41) purposes. Public i n t e r e s t i n acquiring northern land for a g r i c u l t u r a l purposes may be i l l u s t r a t e d by the f a c t that between January 1971 and June 1974 there were 43"applications for more than 100,000 acres of land i n the Northwest T e r r i t o r i e s (see Table 10). In Maj?ch 1974 the Ministe r of Indian A f f a i r s and Northern Develop-ment announced that land s u i t a b l e for a g r i c u l t u r a l purposes i n the t e r r i t o r i e s would be a v a i l a b l e through lease only, pending r e v i s i o n of the T e r r i t o r i a l Lands Act and Land Regulations. In March 1975 the Assistant Deputy M i n i s t e r , Northern A f f a i r s , reported to the Parliamentary Committee on Indian and Northern A f f a i r s that pending completion of a study on northern farming no further leases for a g r i c u l t u r a l purposes would be issued. 162 163 TABLE 10 Applications f o r Land f or A g r i c u l t u r a l Purposes i n the Northwest T e r r i t o r i e s between January 1971 and June 1974 Type of a g r i c u l t u r e Number of applications T o t a l area (acres) farming 10 1,711 ranching 2 2,280 grazing 7 21,300 ranching/farming 4 37,440 farming/grazing 11 23,360 grazing/ranching 4 24,040 residence/agric./ grazing 2 570 market gardening ...33 31.5 ,'. 43 110,732.5 Source: LAND, Lands O f f i c e , Yellowknife, Northwest T e r r i t o r i e s . In the l a t e 1960's the Canadian Department of Agr i c u l t u r e undertook, at the request of the Department of Northern A f f a i r s and National Resources, a study and evaluation of the p o t e n t i a l for ag r i c u l t u r e and the f e a s i b i l i t y of developing a v i a b l e c a t t l e ranching industry i n the Slave River Lowlands (see Map no. 14). The study considered various aspects of the problem including: s o i l and c l i m a t i c conditions; native vegetation for forage; human populations and l o c a l markets; i n f r a s t r u c t u r e and s o c i a l overhead costs; transportation and operating costs; general market conditions and farm production i n 164 Canada. The report's findings could probably be applied to the north generally. The report i n i t s conclusion stated i n part: "Under present economic and market conditions, economic a g r i c u l t u r a l development of the area i s questionable. A program to s e t t l e and develop the area would appear to not be i n keeping with the p o l i c i e s and programs of the Canadian government to a l l e v i a t e economic and s o c i a l problems i n many r u r a l areas that are a g r i c u l t u r a l l y marginal or sub-marginal. " I f , i n sp i t e of the foregoing, a decision i s made to permit settlement, i t w i l l be highly desirable to develop d e t a i l e d plans i n advance of settlement. "(42) (iv) Block Land Transfers and Indian Reserves The Block Land Transfer program i s perhaps the most important aspect of northern land use i n terms of the development of l o c a l and t e r r i t o r i a l government. I t r e s u l t s from one of the recommendations of the Carrother's Commission which suggested that more autonomy and r e s p o n s i b i l i t y i n community development be granted to the Northwest T e r r i t o r i e s government. "Report on the P o t e n t i a l of the Slave River Lowlands f o r Agric u l t u r e and the F e a s i b i l i t y of Developing a Viable C a t t l e Ranching Industry i n the Area", unpublished report of the Canadian Department df Agr i c u l t u r e , Ottawa, 1969. 165 The program i s designed to enable the ^ t e r r i t o r i a l governments to plan and c o n t r o l , i n cooperation with l o c a l councils, the develop-ment and growth of communities throughout the two t e r r i t o r i e s . Under the program the r e s p o n s i b i l i t y f or administering blocks of t e r r i t o r i a l lands, encompassing selected communities, i s transferred from f e d e r a l j u r i s d i c t i o n to the appropriate t e r r i t o r i a l government. The extent of the area within a Block Land Transfer i s determined on the basis of the projected expansion of the community during the next ten-year period, giving s p e c i f i c consideration to: (a) the i d e n t i f i c a t i o n and protection of the watershed for community water supply; (b) the p r o v i s i o n of a "buffer" zone around the perimeter of the community to control development within, and unorganized development outside, the Block Land Transfer Area; (c) s o l i d waste dis p o s a l requirements; (d) e x i s t i n g or proposed highways or a i r s t r i p s providing access to the community; and (e) areas contiguous to the settlement that are a c t i v e l y u t i l i z e d by the community on a seasonal or continuous basis for r e c r e a t i o n ^ or other purposes which have propertyy development implications. A l l mines and minerals, whether s o l i d , l i q u i d or gaseous, and the r i g h t to work them, are reserved to the Crown out of each t r a n s f e r , f o r continued administration under f e d e r a l l e g i s l a t i o n . Other exclusions include the beds of a l l bodies of water and those lands which are u t i l i z e d by native people for hunting, trapping and f i s h i n g . 166 The program commenced i n 1970 with an announcement by the Minister of Indian A f f a i r s and Northern Development of the transfer of (43) lands around Yellowknife, Inuvik and Whitehorse. To date there have been a t o t a l of 21 Block Land Transfer areas established, 13 i n the Northwest T e r r i t o r i e s and eight i n the Yukon T e r r i t o r y . The most recent i s Destruction Bay, Y.T., i n February, 1975 (see Table 11). TABLE 11 Block Land Transfer Program To the Northwest T e r r i t o r i e s Government: Settlement Yellowknife Inuvik Rae-Edzo Frobisher Bay Aklavik Fort Simpson Fort Smith Fort Providence Hay River/ Enterprise Norman Wells Fort McPherson Fort F r a n k l i n Fort Good Hope TOTAL AREA Approx. Area i n Square Miles 200 100 110 76 7 144 23 76 181 167 19 25 16 Order-in-Council Number P.C.1970-1221 P.C.1970-1447 P.C.1970-1743 P. C.1971-1523 P.C.1971-2477 P.C.1971-2477 P.C.1971-2477 P.C.1971-2477 P.C.1973-249 P.C.1973-293 P.C.1973-4041 P.C.1974-388 P.C.1974-389 Date July 8, 1970 August 19, 1970 October 6, 1970 July 26, 1971 November 9, 1971 November 9, 1971 November 9, 1971 November 9, 1971 i:,144 February 6, 1973 February 6, 1973 December 18, 1973 February 26, 1974 February 26, 1974 Continued... At. that time the lands transferred were referred to as 'Development Control Zones 1. 167 TABLE 11 (Continued) To the Government of the Yukon T e r r i t o r y : Settlement Approx. Area i n Square Miles (1) Dawson 20 v Whitehorse 240 Faro 91 Beaver Creek 2 Carmacks 12 Mayo 4 T e s l i n 1 Destruction Bay 2 TOTAL AREA 372 Order-in-Council Number na P.C.1970-1448 P.C.1971-2531 P.C.1974-2319 P.C.1974-2320 P.C.1974-2321 P.C.1974-2322 P.C.1975-241 Date 1969 August 19, 1970 November 16, 1971 October 22, 1974 October 22, 1974 October 22, 1974 October 22, 1974 February 4, 1975 Source: LAND f i l e s , Ottawa. P r i o r to the commencement of the 'Development Control Zone' or 'Block Land Transfer' program i n 1970, the r e s p o n s i b i l i t y f o r administering land i n and around Dawson was transferred to the Yukon T e r r i t o r i a l Government from the fe d e r a l government on a l o t by l o t basis , through' a ser i e s of Orders-in-Council-passed i n 1969. Thus there i s no single area i d e n t i f i e d i n an Order-in-Council pertaining to the whole community. 168 The 21 communities l i s t e d i n Table 11 are only those which (44) have been included i n the Block Land Transfer program thus f a r . Eventually a l l of the communities i n the two t e r r i t o r i e s w i l l be incorporated into the program. According to the 1971 Census there was a t o t a l of 93 communities north of 60 with a population of 50 or (45) more.. In addition to the 1516 square miles i d e n t i f i e d i n Table 11, the remaining 72 communities w i l l absorb an area of roughly.650 square miles when they are included i n the Block Land Transfer program. Therefore the t o t a l area occupied by the 93 communities, which account for nearly 95 per cent of the t o t a l population i n the northy w i l l be approximately 2166 square miles. (See Appendix K, "population .by settlement" One of the conditions of Treaties 8 and 11, referred to e a r l i e r , i s that "Her Majesty the Queen hereby agrees to lay aside reserves f o r such bands as desire reserves the same not to exceed i n a l l one square mile f o r each family of f i v e . . . " In order to provide f o r t h i s contingency the Orders-in-Council t r a n s f e r r i n g the administration of land to the two t e r r i t o r i a l governments contain the following reference "....subject to the condition that the Northwest T e r r i t o r i e s (or Yukon T e r r i t o r y ) undertake(s) With the exception of Dawson. The two largest centres are the c a p i t a l s of each t e r r i t o r y , whitehorse, Y.T., and Yellowknife, N.W.T. In 1971 t h e i r populations were: Il,2l7 and 6,122 r e s p e c t i v e l y . 169 to retransfer to the M i n i s t e r of Indian A f f a i r s and Northern Develop-, ment, from time to time, any unalienated t e r r i t o r i a l lands under the administration of the Northwest T e r r i t o r i e s (or Yukon T e r r i t o r y ) as may be required to enable the Government of Canada to f u l f i l l i t s obligations under t r e a t i e s with the Indians" (for an example of a "Block Land Transfer" Order-in-Council see Appendix I ) . To date only one Indian Reserve has been established i n the t e r r i t o r i e s . In 1974 the Hay River Band received approximately 52 square miles i n the v i c i n i t y of Hay River, N.W.T., under Treaty No. 8 (see Order-in-Council P.C.1974-387, Appendix J ) . Under the T e r r i t o r i a l Lands Act, S.19, the land i s set apart and appropriated, including a l l . mines and minerals, for the purpose of enabling the Government of Canada to f u l f i l i t s obligations under Treaty No. 8. Pursuant .to the Indian Act the land i s then set apart for the use and b e n e f i t of, i n t h i s case, the Hay River Band of Indians. (v) Roads, Railroads and P i p e l i n e s Although not i n themselves a major "user" of land (the complete road network i n the two t e r r i t o r i e s occupies less than 200 square miles of land), the e f f e c t of roads on subsequent land use patterns can be s u b s t a n t i a l . For example recreation camping, cottage-l o t development, tourism and r e l a t e d services, sports hunting and f i s h i n g , i n v a r i a b l y increase, following the construction of a road into a h i t herto i n a c c e s s i b l e area. S i m i l a r l y , once an area i s opened up, 170 the demand for land s u i t a b l e f or a g r i c u l t u r e or,timber harvesting may be expected to increase and mineral exploration and development, u n t i l recently the p r i n c i p a l reason for much of the northern road network, become,••, more a t t r a c t i v e . Roads, r a i l r o a d s and p i p e l i n e s north of 60, are confined to the Yukon T e r r i t o r y and the Mackenzie D i s t r i c t of the Northwest T e r r i -t o r i e s ; except for some " a i r p o r t roads" connecting communities with adjacent a i r s t r i p s , there are no such f a c i l i t i e s i n the ce n t r a l or eastern A r c t i c . P r i o r to the Second World War, there were only a few short unconnected segments of road serving l o c a l community needs, north of 60. Travel between communities was by water, or wagon road i n summer, and by dog sled or horse drawn s l e i g h i n winter. During t h i s period low standard roads were b u i l t to serve the gold mining camps of the Klondike and the s i l v e r mines i n the Mayo and Whitehorse areas. During the 1940's both t e r r i t o r i e s were linked by road to southern Canada. During the Second World War three roads were constructed i n or 'through' the Yukon T e r r i t o r y f o r m i l i t a r y purposes. These were: the Alaska Highway, connecting e x i s t i n g roads i n B r i t i s h Columbia with Fairbanks, Alaska; the Haines Road, providing access to tidewater from the Alaska Highway; and the Canol Road, l i n k i n g the Norman Wells o i l f i e l d with a r e f i n e r y i n Whitehorse. In a l l , the three projects provided the Yukon with almost 1000 miles of roadfeand formed the basis for the present road network, In 1949 the Northwest T e r r i t o r i e s was linked by 171 road to Alberta with the construction of the Mackenzie Highway, a distance of 470 miles between Grand P r a i r i e , Alberta and Hay River. By 1951 a highway linked Whitehorse, Mayo and Dawson and resulted i n the termination of the steamboat service on the Yukon River. U n t i l the f e d e r a l government's 'roads to resources' program i n 1959, there was v i r t u a l l y no further road construction north of 60. Between 1959 and 1974 the amount of northern road i n use i n the Northwest T e r r i t o r i e s increased by 900 miles and i n the Yukon T e r r i t o r y by 1175 miles (see F i g . 8). Except for the 378-mile Dempster Highway, a l l of the Yukon's nearly 2500 miles of road l i e i n the southern h a l f of the t e r r i t o r y (see Map no, 5). The Dempster, when completed, w i l l l i n k the Yukon highway system with the Mackenzie Highway, v i a Dawson and Fort McPherson, and ultimately the A r c t i c coast at Tuktoyaktuk. The road system i n the Mackenzie D i s t r i c t of the Northwest T e r r i t o r i e s i s l e s s developed than i n the Yukon T e r r i t o r y . This may be due, i n part, to the Mackenzie River system which provides a 1600-mile, summer navigable waterway from Waterways, Alberta to the A r c t i c Ocean, the only i n t e r r u p t i o n beirigel2 miles of rapids on the Slave River at the Alberta-Northwest T e r r i t o r i e s border. The Mackenzie Highway extends northward from Grimshaw, N Alberta. Construction i s now completed as f a r as Camsell Bend on the Mackenzie River, f i f t y miles north of Fort Simpson and 346 miles from the Alberta border. An all-weather road i s also completed from Inuvik l_ I I I I 1 1 1 1 1 1 54 56 58 60 62 64 66 68 70 72 74 YEARS 174 south to Fort McPherson v i a A r c t i c Red River. The Mackenzie Highway when completed w i l l extend approximately 1050 miles from the Alberta border to Tuktoyaktuk on the A r c t i c coast. Three l a t e r a l highways leading from the Mackenzie Highway l i n k Hay River, Pine Point, Fort Resolution and Fort Smith; Fort Providence, Rae-Edzo and Yellowknife; and a road to Fort L i a r d which i s s t i l l under construction. A 700-mile winter road extending along the east side of the Mackenzie River connects Fort Providence to Inuvik. In a d d i t i o n to the Mackenzie River barge system^*'? and the highway, the Northwest T e r r i t o r i e s i s linked to southern Canada by r a i l ! THee435-mile Great Slave Lake Railway extends from Pine Point, N.W.T., to Grimshaw, Alberta, and i s used p r i m a r i l y to transport lead-zinc ore concentrate, from the Pine Point mine, which i s destined for smelters at T r a i l , B.C. The only other r a i l l i n e north of 60, the White Pass and Yukon Route, provides the Yukon T e r r i t o r y with access to Skagway, Alaska, on the Lynn Canal, and tidewater. B u i l t between 1898 and 1900 (p.125) the 110-mile r a i l l i n e i s linked to the company's shipping operations on the west coast. The waterway was developed i n the l a t e nineteenth century by the Hudson's Bay Company to transport f u r s f t o southern Canada (p.102). The Company also created the Mackenzie River Transport Company, which transported goods and supplies northward. In 1934, the Northern Transportation Company Limited (NTCL), a Crown Corporation, was formed to transport supplies for the Eldorado Gold Mines Ltd., which was mining a s i l v e r - p i t c h b l e n d e deposit on Great Bear Lake (p.128). In 1957 the Mackenzie River Transport Company was sold to NTCL. 175 In 1971/72 the Westcoast Transmission Company constructed 32 miles of 20-inch p i p e l i n e i n the Lower L i a r d River area of the (47) Northwest T e r r i t o r i e s . The l i n e connects the Pointed Mountain and Beaver Creek Gas F i e l d s with e x i s t i n g f a c i l i t i e s north of Fort Nelson, B r i t i s h Columbia. Total production from the Pointed Mountain Gas F i e l d and the Beaver Creek Gas F i e l d i n 1972 (the f i r s t year of production) was: 11.732 BCF and 2.614 BCF ^ 4 8 ^ r e s p e c t i v e l y / 4 9 ^ An a p p l i c a t i o n for approval to construct a natural gas pipe-l i n e i n the Mackenzie Va l l e y and across the northern portion of the Yukon T e r r i t o r y was f i l e d with the Canadian Government i n March 1974 by Canadian A r t i e Gas P i p e l i n e Limited. This proposal c a l l s for the construction of a 48-inch diameter, 1500-mile long, high pressure gas p i p e l i n e to connect gas reserved i n both Prudhoe Bay, Alaska and the Mackenzie Delta, to e x i s t i n g f a c i l i t i e s i n Alberta, and to serve U.S. and Canadian markets. Under the T e r r i t o r i a l Lands Act the Canadian Government has appointed a Commissioner, Mr. J u s t i c e Thomas Berger of the Supreme Court of B r i t i s h Columbia, to conduct a public enquiry into the r e g i o n a l , s o c i a l , environmental and economic impact of the p i p e l i n e . The enquiry began i n Yellowknife, N.W.T., March 3, 1975. (47) This i s the f i r s t , and to date only, natural gas p i p e l i n e i n Bp^Wtion** north of 60. ^ 4 8 ^ This represents the 7 percent of the Beaver Gas F i e l d .•production which i s assigned to the Yukon T e r r i t o r y , the balance going to B r i t i s h Columbia. ^ 4 9 ^ O i l and Gas A c t i v i t i e s 1972, LAND Pu b l i c a t i o n No. QS-1510-000-EE-A1. 176 (vi) Hunting and Trapping Although hunting and trapping s t i l l represent an important aspect of northern land use, p a r t i c u l a r l y to the native people, the pattern of land use accompanying t h i s a c t i v i t y has undergone considerable change i n the l a s t two to three decades. Honigmann and Honigmann (1965:77) re f e r r e d to the concept of 'dual allegiance to land and town'. As a hunting and trapping society becomes further exposed to western culture they see three groups emerging: those who maintain a strong allegiance to the land and oppose any action which might threaten t h e i r c a p a b i l i t y to obtain country food;^°? those who have chosen 'town careers'; and f i n a l l y those who s h i f t back and f o r t h between a l i f e on the land and i n a community. Wolforth (1971:2) stated that i n the transformation of a hunting and trapping society to an urban one there i s , i n addition to the s o c i a l adaptation which takes place within the settlement, a s p a t i a l transformation which takes place on the land as "a dispersed pattern of resource u t i l i z a t i o n i s gradually abandoned". In discussing the Inuit of Foxe Basin i n the eastern A r c t i c during the l i m i t e d contact period p r i o r to 1950 and the period following, Crowe (1970) re f e r r e d to c e r t a i n technological changes and t h e i r e f f e c t upon the equilibrium which existed between the hunter and the land. Reference here i s to hunting f o r country food as compared to big-game sports hunting. 177 Under the t r a d i t i o n a l 'camp system' each settlement group was situated i n such a way as to be.exposed to a f u l l range of animal species and a f u l l cycle of seasonal a c t i v i t i e s . With the introduction of the powered canoe some of the f u l l - t i m e hunters abandoned camp l i f e , moved to I g l o o l i k or H a l l Beach and v i s i t e d t h e i r camp t e r r i t o r i e s at c e r t a i n times of the year, perhaps working for wages i n the. intervening periods. Taking t h i s concept one step further Stager (1974:46-54) provided the following account of the Indians of Old Crow, Y.T. In the 1930's and '40's the population of Old Crow was d i s t r i b u t e d i n a number of small settlements or trapping camps along the Porcupine River. A regular seasonal pattern was followed whereby winter was spent on the t r a p l i n e , the spring at Old Crow F l a t s harvesting muskrat,followed by a period at the v i l l a g e of Old Crow or other Porcupine River s i t e s for purposes of trading and v i s i t i n g . In summer,people began moving back toward the t r a p l i n e s , stopping at f i s h camps and l a t e r to hunt caribou, en route. During t h i s period the hunting and trapping areas of the Old Crow people covered approximately 25,000 square miles. In the 1950's the v i l l a g e of Old Crow became more of an established settlement, people gravitated to i t and b u i l t log houses i n which to summer. Increasingly more time was spent i n Old Crow and when the trappers and t h e i r f a m i l i e s did leave i t was to camps closer to the settlement. By 1960 the area of land u t i l i z e d f o r hunting and trapping had been reduced to 15,000 square miles. Between 1960 and 1973 a l l of the Old Crow people have moved 178 to the v i l l a g e on a permanent basis and although there are one.or two winter camps located nearby they are occupied only i n t e r m i t t e n t l y . To-day v i r t u a l l y a l l of the hunting and trapping except the muskrat trapping on the Old Crow F l a t s , i s done on a commuter basis from Old Crow. Although much les s time i s now spent on the land and considerably l e s s area covered (approximately 1500 square miles) the importance of caribou to the community to-day i s no l e s s than "long ago"; increased m o b i l i t y a n d - e f f i c i e n t hunting methods have permitted the annual harvest of caribou to remain,- generally constant. Although winter trapping a c t i v i t y has declined, spring muskrat trapping has notaand i n recent years the number of hunters and f a m i l i e s going to the Old Crow F l a t s has increased. Many who go to the F l a t s to-day do so as a form of 'paid holiday' from wage-earning employment i n t h e ^ v i l l a g e ; s i m i l a r l y , caribou hunting has become.a s p e c i a l i z e d a c t i v i t y c a r r i e d out during a r e l a t i v e l y short period of time. Usher (1970:83) pointed out that i n contrast to the older and larger fur-trade centres i n the northern f o r e s t and tundra regions (such as Old Crow, discussed above), the t o t a l trapping area u t i l i z e d by the Inuit on Banks Island has continued to increase/"''''? During the past 15 years the number of trappers (both part-time and f u l l - t i m e ) i n the Northwest T e r r i t o r i e s has varied from 2450 This case may be unique north of 60 and the s i t u a t i o n described by Stager respecting the Old Crow Indians i s more i n d i c a t i v e of the o v e r a l l trend. 179 (52) to 3850; the number of pe l t s harvested during the same period ranged from 109,000 to 365,000 (see Fig* 9). For the 1973/74 season the t o t a l value of fur production was $3,067,725.03, an increase of (53) nearly $1.6 m i l l i o n over the previous year. The value of fur production i n the Yukon T e r r i t o r y i s considerably l e s s than that for the Northwest T e r r i t o r i e s . For example, during the same 15-year period the highest value received for f u r , traded i n the Yukon, was $172,936 i n 1964/65.^ 5^ By comparison the revenue from b i g game hunting i n the Yukon i s su b s t a n t i a l . For example, i n 1972/73 the estimated revenue of the 20 licensed b i g game o u t f i t t e r s was $710,450.00 (see Table 12), A survey by the Game Management Service, N.W.T. Government, shows that of 1104 trappers who sold furs i n 1969/70, i n 17 communities i n the Mackenzie Va l l e y , 901, or 82 percent, e i t h e r earned le s s than $1000 from trapping or spent le s s than two months trapping. (Regional Impact of a Northern Gas P i p e l i n e , Vol.5, p.9, Information Canada, Cat.No.R57-4/1973-5). (53) Source: Game Management D i v i s i o n , Government of the Northwest T e r r i t o r i e s , Yellowknife, N.W.T. (54) S t a t i s t i c s Canada, Cat.# 23-20. 180 F i g . 9 N U M B E R O F P E L T S T R A D E D A N N U A L L Y N O R T H W E S T T E R R I T O R I E S 1 9 6 0 - 1 9 7 4 350 300 250 to Q 200 < to o z >— 150 100 Source. Government of The Northwest Territories ( Gome Branch) 50 h 0 60 62 64 66 68 70 72 74 YEARS 180a TABLE 12 Big Game Hunting, Yukon T e r r i t o r y 71/72 72/73 Number of licensed o u t f i t t e r s 22 20 Number of licensed guides 160 150 Number of non-resident licences issued: Canadian 36 17 A l i e n 381 383 Estimated revenue to o u t f i t t e r s $612,260 $710,450 Source: Annual Reports of Director of Game,. Yukon T e r r i t o r i a l Government. The f i n a l , and perhaps most important, aspect of land use as i t pertains to hunting and trapping i s the harvesting of country food.< 5 5> Stager (1974:79) estimates that 55 per cent of the t o t a l food needed by the 183 people of Old Crow i n 1973 came from the land. Seventy-seven per cent of the t o t a l population supplied at l e a s t 25 per cent of t h e i r dietary needs, using country food and 51 of the population of 183 r e l i e d on the land for more than 75 per cent of t h e i r food requirements. The r e l a t i v e values of country food and 'cash crops' i n the form of fur-bearers may be i l l u s t r a t e d by the f a c t that during the period 1962-1969, the average annual income earned by the v i l l a g e of Old Crow from trapping was $16,500 while the value of caribou meat harvested was approximately $50,000 annually (Naysmith 1971:21). 181 It i s i n t e r e s t i n g to note that a s i m i l a r study concerning the Cree Indians of James Bay shows a nearly i d e n t i c a l r e l i a n c e on country food. Salisbury (1972:50) stated that for the 5772 Cree Indians i n the James Bay region of northern Quebec, between 50 and 55 per cent : of t h e i r food comes from the land. A t h i r d study which considered 17 communities i n the Mackenzie Valley shows that i n 1969/70 the value of meat and f i s h harvested by hunters and trappers was more than double the value of furs traded. ( v i i ) National Parks, T e r r i t o r i a l Parks and E c o l o g i c a l Reserves The construction of the Alaska and Mackenzie Highways i n the 1940's, l i n k i n g the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s with southern Canada, had by the next decade introduced another facet of northern land use. Vacationers were t r a v e l l i n g north by automobile, and p a r t i c u l a r l y i n the Yukon which provided access to Alaska, t o u r i s t t r a f f i c grew r a p i d l y and with i t a demand f o r roadside campgrounds. In 1964/65 the 38,163 t o u r i s t s v i s i t i n g the Yukon exceeded Estimated gross value of game meat, fur meat and f i s h - $766,000; value of furs traded - $316,000. (Regional Impact of a Northern Gas P i p e l i n e - Vol.5, Information Canada, Cat. No. R57-4/1973-5.) 182 the non-tourist v i s i t o r s by nearly 14,OOo/"*7^ By 1965 the Yukon Forest Service of the Department of Indian and Northern A f f a i r s was operating more than 30 campgrounds. I n i t i a l l y undertaken to provide a measure of control over.camper a c t i v i t y , p a r t i c u l a r l y during the forest f i r e season, the campground program tpday.y v.includes 60 pu b l i c campgrounds. Tourism i n the Northwest T e r r i t o r i e s has experienced a s i m i l a r growth pattern although because of a much smaller road network, the absolute numbers are s u b s t a n t i a l l y l e s s . It has been estimated that approximately 1000 t o u r i s t s v i s i t e d the Northwest T e r r i t o r i e s i n 1960 and by 1964 t h i s f i g u r e had increased to 5000. ' Unlike the Yukon T e r r i t o r y the majority of the t o u r i s t s who v i s i t e d the Northwest T e r r i -t o r i e s i n the 1960's did not t r a v e l by car but flew into one of the 11 f i s h i n g lodges operating there. Between 1969 and 1971 the number of t o u r i s t s to the Northwest T e r r i t o r i e s increased from 9,000 to 17,700. As the all-weather highway system grew i n the Mackenzie Val l e y so did the number of t o u r i s t s t r a v e l l i n g by automobile and using the highway ^ 5 7^ 'The Yukon Today' LAND pu b l i c a t i o n , Cat. No. R29-7268, Ottawa, 1968. (58) In 1972 the r e s p o n s i b i l i t y for administering the Yukon Campground Service was transferred from the Department of Indian and Northern A f f a i r s to the Yukon T e r r i t o r i a l Government. S i m i l a r l y the Govern-ment of the Northwest T e r r i t o r i e s assumed r e s p o n s i b i l i t y f o r the Campground Service i n the Mackenzie V a l l e y . (59) 'The Northwest T e r r i t o r i e s Today' LAND p u b l i c a t i o n , Cat. No. R29-6265, Ottawa, 1968. 183 campgrounds.^ 0^ As can be seen from Table 13 more than h a l f of the t o u r i s t s to the Northwest T e r r i t o r i e s i n 1971 entered by highway. TABLE 13 Number and type of t o u r i s t v i s i t o r s to the Northwest T e r r i t o r i e s - 1971 Method of entry into N.W.T. highway lodges & o u t f i t t e r s a i r others Totals Canadian 6500 500 3100 500 10600 Number of t o u r i s t s non-Cariadian 2500 3300 800 500 7100 t o t a l 9000 3800 3900 1000 17700 Source: 'North of 60 - Prospectus', IAND p u b l i c a t i o n , Cat. No. R72-5274, Ottawa, 1974. By 1972 the Northwest T e r r i t o r i e s trunk highway system included the following roads and corresponding mileages: Mackenzie Highway -297; Hay River Road - 31; Yellowknife Highway - 214; Ingraham T r a i l - 43; Fort Smith Highway - 166; Pine Point - Fort Resolution Road - 52; Fort L i a r d Highway - 27. 184 The number of v i s i t o r s to the Yukon T e r r i t o r y increased more than f i v e - f o l d during the decade 1964-1973 (see F i g . 10). Upon completion of the Dempster and Mackenzie Highways, which w i l l l i n k southern Canada with the A r c t i c coast v i a both t e r r i t o r i e s (see Map no. 16), the demand upon t e r r i t o r i a l land for r e c r e a t i o n a l purposes w i l l increase markedly. In order to accommodate the increasing public i n t e r e s t i n the r e c r e a t i o n a l p o t e n t i a l of the Canadian north, programs are underway to e s t a b l i s h both national and t e r r i t o r i a l parks i n the t e r r i t o r i e s i n addition to expanding the e x i s t i n g Campground Services referred to above. Under Section 19 of the T e r r i t o r i a l Lands Act three areas (61) were set apart and appropriated i n 1972 for n a t i o n a l parks purposes. Lands set aside for n a t i o n a l parks at Kluane Lake, i n the Yukon, and Nahanni River and B a f f i n Island i n the Northwest T e r r i t o r i e s are s p e c i f i c a l l y dealt with under Section 11(1) of the National Parks Act, R.S., 'cJN-13, as amended i n 1974. The section reads as follows: "... the Governor i n Council may, a f t e r consultation with the Council of the Yukon T e r r i t o r y or the Council of the Northwest T e r r i t o r i e s , as the case .f may be, by proclamation, set aside as a reserve f o r a National Park of Canada, pending a settlement i n respect of any r i g h t , t i t l e or i n t e r e s t of the people of native o r i g i n therein, the lands described...and upon the issue of a proclamation under t h i s subsection, notwithstanding any other Act of the Parliament of (61) (a) Order-in-Council P.C.1972-238 of 10 February, 1972, approxi-mately 8500 square miles at Kluane Lake, Yukon T e r r i t o r y , to which •was added an a d d i t i o n a l 10 square miles by Order-in-Council P.C.1974-2484 of 12 November 1974. (b) Order-in-Conncil P.C.1972-299 of 18 February, 1972, approximately 8290 square miles on B a f f i n Island, Northwest T e r r i t o r i e s . (c) Order-in-Council P.C.1972-300 of 18 February, 1972, approximately 1840 square miles at the Nahanni River, Northwest T e r r i t o r i e s (see Appendix J ) . 185 Fig. 10 V I S I T O R S T O T H E Y U K O N T E R R I T O R Y 300 ot O t— > 250 « 200 Q Z < 3 o ?• 150 100 Source: Yukon Territonol Government Office of The Statistical & Planning Adviser 50 66 67 68 69 70 YEARS 71 72 73 186 Map 16 DEMPSTER & MACKENZ IE HIGHWAYS Completed « nm Under Construction = = Proposed (Source : DIAND May 1975) 188 Canada, and save for the exercise therein by the people of native o r i g i n of the Yukon T e r r i t o r y or Northwest T e r r i t o r i e s of t r a d i t i o n a l hunting, f i s h i n g and trapping a c t i v i t i e s , the National Parks Act applies to the reserve so set aside..." The 8,500 square mile Kluane National Park i n the Yukon T e r r i t o r y contains Canada's'highest mountains, including Mount Logan (62} at 19,520 feet and extensive i c e f i e l d s of the St. E l i a s Range which forms one of the world's largest non-polar g l a c i e r systems. In the Northwest T e r r i t o r i e s the Nahanni National Park covers 1840 square miles of mountainous wilderness through which flows a major portion of the South Nahanni River, including the 316-feet high V i r g i n i a F a l l s . Auyui\tit.u.qad National Park i s situated on the east coast of the Canadian A r c t i c and covers 8,290 square miles as i t straddles the A r c t i c C i r c l e . The park area includes a c o a s t l i n e containing deep fjo r d s and v e r t i c a l c l i f f s , some of which r i s e more than '$3O.0Q^i eet: J above the sea. (This park was formerly c a l l e d B a f f i n Island N.P.) (63) Section 4 of the National Parks Act states i n part that "...National Parks s h a l l be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations".. Since the basic purpose of the National Park system i s to preserve f o r a l l time, areas which contain s i g n i f i c a n t geographical, g e o l o g i c a l , b i o l o g i c a l or ( 6 2 ) Holdsworth (1975:31), ( 6 3 ) R.S., C.189, S.4. 189 h i s t o r i c features as a natio n a l heritage, a c t i v i t i e s such as the grazing of domestic stock, the mining or harvesting of the sub-surface and surface resources are not i n accord with National Park p o l i c y . The t e r r i t o r i a l park program, by comparison, has been designed to provide several categories of p u b l i c parks, selected i n such a way as to minimize c o n f l i c t with other land uses but not ne c e s s a r i l y precluding them. T e r r i t o r i a l parks w i l l be formally re. c \ established under a Park Ordinance and w i l l include the following: natural environment or outdoor recreation parks; community parks; wayside parks or roadside campgrounds; and t e r r i t o r i a l h i s t o r i c a l parks. The administration of t e r r i t o r i a l parks w i l l be the r e s p o n s i b i l i t y of the respective t e r r i t o r i a l governments and the examination of proposals for the establishment of the parks, which usually w i l l be much smaller i n a r e a l extent that the natio n a l parks i n the north, w i l l be by a T e r r i t o r i a l Parks Committee provided for In order to a t t a i n t h i s purpose the National Parks Act includes provisions such as: S.6(l) which p r o h i b i t s the disposal of, or settlement upon, public lands within a park except under the authority of the Act or regulations; and S.7(l) authorizing the Governor i n Council to make various.regulations including those for the preservation, control and management of the parks. (65) (66) The Yukon T e r r i t o r y has not yet passed a Park Ordinance; the N.W.T. did i n October, 1973. For example the Yukon T e r r i t o r i a l Government has suggested for consideration nine separate s i t e s as possible t e r r i t o r i a l parks. The largest of these covers' approximately 1600 square miles and the nine areas comprise 3180 square miles i n t o t a l . 190 under the Ordinance. As part of the examination procedure the Park Ordinance provides for the holding of public hearings i n order to seek the views of l o c a l residents and others who may be affected by the establishment of the proposed park. Although no e c o l o g i c a l reserves have been established north of 60 to date, a s i g n i f i c a n t amount of f i e l d work and preparation has been done toward the s e l e c t i o n of s p e c i f i c areas that should be reserved. In considering e c o l o g i c a l reserves as a form of land-use i t i s necessary to recognize the fundamental d i f f e r e n c e between t h e i r purpose and the r o l e of e i t h e r t e r r i t o r i a l or national parks. whereas the use of a s p e c i f i e d area of p u b l i c land for r e c r e a t i o n a l purposes i s the sole objective of n a t i o n a l parks and the p r i n c i p a l objective of t e r r i t o r i a l parks, i t i s not even i n d i r e c t l y contained within the concept of e c o l o g i c a l reserves. By d e f i n i t i o n e c o l o g i c a l reserves are l e g a l l y protected natural areas established for s c i e n t i f i c research and educational purposes, where human influence i s kept to a minimum. Ec o l o g i c a l reserves are divided into three categories as follows: - major e c o l o g i c a l reserves which contain s e l f maintaining eco-(Dn order to avoid the ambiguity of the word 'reserves', the term 'ecological s i t e s ' i s used when r e f e r r i n g to the Yukon T e r r i t o r y and Northwest T e r r i t o r i e s . 191 systems that include populations of large mammals, major geomorpho-l o g i c a l features, and diverse t e r r e s t r i a l and aquatic e c o l o g i c a l communities; - supplementary reserves which protect an economically and/or s c i e n t i f i c a l l y important component of an ecosystem, e.g., forest reserves containing representative tree populations, wintering areas of game animals or sanctuaries for endangered species; and - s p e c i a l reserves which contain exceptional e c o l o g i c a l or geomorphological features such as b i r d colonies or s a l t marshes. Peterson (1974:21) suggested that there should also be a cla s s of e c o l o g i c a l reserve which w i l l provide for the long-term monitoring of major disturbances such as mining f o r the purpose of assessing problems of natural recovery or reclamation. In 1969, under the Canadian Committee f or the International B i o l o g i c a l Program - Conservationoof T e r r e s t r i a l Ecosystems, two A r c t i c panels were formed: Panel 9 (Tundra) and Panel 10 (Boreal Forest). By 1974 the two Panels had i d e n t i f i e d 140 candidate areas f o r e s t a b l i s h -ment as e c o l o g i c a l reserves, on fede r a l land north of 60. Although 13 of the candidate areas are afforded some form of protection under e x i s t i n g statutes there i s no s p e c i f i c l e g i s l a t i o n dealing with the establishment of e c o l o g i c a l reserves i n the north. This s p e c i f i c point w i l l be addressed i n Part I I I of t h i s study. 192 CHAPTER FOUR. ; LAND ADMINISTRATION IN THE NORTH (i) T e r r i t o r i a l Governments Within each t e r r i t o r i a l government there i s a Department of Local Government which i s responsible f o r administering the 'Commissioner's Land' or Block Land Transfer areas. For example, i n the Northwest T e r r i t o r i e s the Director of the Department of Local Government appoints land agents under Section 4 of the Commissioner's Land Regulations. Regional superintendents of l o c a l government, area service o f f i c e r s and area clerks normally hold continuing appointments as land agents. The land agents' duties include: r e c e i v i n g and processing applications f o r land, quarrying permits and timber permits within Block Land Transfer areas; furnishing lands information and assistance to the pu b l i c ; land inspections; and r e c e i v i n g and processing t e r r i t o r i a l government revenues. T e r r i -t o r i a l government land agents also receive applications for fede r a l land, i n areas where there i s no fede r a l land agent present, such as the c e n t r a l and eastern A r c t i c . These applications along with recommendations are then forwarded to the fe d e r a l land o f f i c e i n Yellowknife f o r processing. 7 193 Within m u n i c i p a l i t i e s , land administration including planning, zoning and the sub-division of municipal land i s provided for i n the Northwest T e r r i t o r i e s under the Planning Ordinance (June 1974) and i n the Yukon T e r r i t o r y under the Municipal Ordinance (March 1972). A municipality's secretary-treasurer or secretary-manager may, subject to approval of the l o c a l c o u n c i l , be appointed land agent, and an annual agency grant i s paid to the municipality by the t e r r i t o r i a l government, to finance the operation. ( i i ) Federal Government The unalienated Crown land beyond Block Land Transfer areas (which i s nearly a l l of the land north of 60) i s the r e s p o n s i b i l i t y (68) The Department of Local Government i n each t e r r i t o r y also administers the Municipal Ordinance. Communities i n the Northwest T e r r i t o r i e s are c l a s s i f i e d as e i t h e r : c i t y , town, v i l l a g e , hamlet or settlement. (For a deta i l e d summary of each, t h e i r areas of r e s p o n s i b i l i t y and r e l a t i o n s h i p to the Government of the Northwest T e r r i t o r i e s see Appendix L.) Under the Municipal Ordinance of the Yukon T e r r i t o r y a municipality i s defined as one of the following: c i t y ; town; v i l l a g e or municipal d i s t r i c t (see
UBC Theses and Dissertations
Land use and public policy in northern Canada Naysmith, John K. 1975
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