Unuk River is one of the transboundary watersheds of Southeast Alaska. (U.S. Geological Survey Alaska Science Center photo)
ANCHORAGE, Alaska — A group of Southeast Alaska tribes is asking Canada to recognize their right to have a voice in how transboundary lands and waters are treated. They’re asking to be recognized as Participating Indigenous Nations in Canada’s review process for resource development. Under Section 35 of Canada’s Constitution, the government is required to consult with Indigenous peoples on projects impacting their ancestral lands.
At issue is an open pit gold mine in the headwaters of the Unuk River, which empties into the Pacific Ocean. Eskay Creek is one of several proposed and operating mines located on or near major rivers that cross the Canadian-U.S. border in Southeast Alaska. Canadian recognition would give the Alaska tribes rights to be consulted on the Eskay Creek and other mining projects.
The seven tribes are members of the Southeast Alaska Indigenous Transboundary Commission (SEITC). Its Executive Director Guy Archibald said the Canadian Supreme Court in R. v. Desautel in 2021 considered whether Aboriginal people located outside Canada can assert Aboriginal rights under the Canadian Constitution. “The court found that those rights extend to people that are no longer residents in Canada who have traditional ties to territory that’s within Canada,” Archibald said.