Chapter 11 of the Umbrella Final Agreement (UFA) describes a land use planning process that was agreed upon after much negotiation, and with significant concessions from First Nations.

A key element of the process was the creation of eight regional land use planning commissions across the territory. The Peel watershed is one of the eight regions. In 2004 the Peel Planning Commission was formed to recommend a regional land use plan for the Peel watershed. Seven years later, the Commission released its Final Recommended Plan, recommending that 80% of the watershed be protected, and 20% be open to industrial development.

After the Commission ceased operations, the Government of Yukon unveiled a new Plan that had not been reviewed by the Peel Planning Commission; a clear violation of the land use planning process that ignored the Final Recommended Plan and proposed to protect only 30% of the Peel watershed from industrial development.

In response, modern treaty holders banded together and took legal action, arguing that the Government of Yukon failed to follow the land use planning process set out in the UFA, and did not have authority to introduce a new plan after the process had been completed.

In 2014 the Yukon Supreme Court agreed with the modern treaty holders, quashed the Government’s plan and directed the Government of Yukon to consult with affected Yukon First Nations on the Final Recommended Plan, among other requirements. The Government of Yukon appealed the decision to the Yukon Court of Appeal – which upheld the Yukon Supreme Court judgement in 2015 – then appealed again to the Supreme Court of Canada.

In December 2017 modern treaty holders declared victory when the Supreme Court of Canada ruled that the Government of Yukon had not respected the land use planning process, and must complete meaningful final consultation on the Final Recommended Plan that protects 80% of the watershed.

In 2019 the Peel Watershed Regional Land Use Plan was signed by all parties, with 83% of the watershed protected either permanently (55%) or on an interim basis (28%), and the remaining 17% open to industrial projects such as oil and gas extraction, mining, and roads.

This victory would not have been possible without the clear process outlined in Section 11 of the Umbrella Final Agreement.