Yukon court suspends eviction notices for outfitters

The Yukon Supreme Court has suspended eviction notices against two outfitting companies that the territorial government accused of illegally squatting on Crown land, by buildinga cabin in one case and a lodge in the other.

'I think it's significant because now at least we got assurance that summarily burning cabins isn't something that's going to occur.' Nicholas Weigelt,the outfitters'lawyer

Justice Leigh Gower's decision to suspend the notices against the Bonnet Plume Outfitters and Mervyn's Yukon Outfitting was handed down Friday and made public Monday.

"I think it's significant because now at least we got assurance that summarily burning cabins isn't something that's going to occur," said Nicholas Weigelt, a lawyer for the outfitters, whichlead hunting trips,and the Yukon Outfitters Association.

The government alleges Bonnet Plume Outfitters built a lodge on the Bonnet Plume River in the summer of 2006 without permission, while Mervyn's Yukon Outfitting built a cabin on Crown land on the shores of Ittlemit Lake, northwest of Whitehorse.

It issued 30-day eviction notices and began legal action against both outfitters in December, sayingthey put up the buildings without permission and had no legal right to them.

Thegovernment askedforcourt orders to remove the buildings.

But the outfitters and the Yukon Outfitters Association, through Weigelt, argued the 30-day notices were dangerous as they could give the government the right to burn down anyone's unoccupied building.

Didn'tresolve issue

The judge's rulingdid not address the issue of whether outfitters have a right to build camps on Crown land to house their clients. It may, however, force a full court hearing on Yukon outfitter land rights.

Weigelt said outfitters should have the same land use rights as miners and trappers.

"Mining, trappers and guide outfitters should operate pretty much under parallel regimes. That is not the case right now. We've got three different policies for three different parts of the industry," he said.

"Although I recognize that each one has to have regulation that is specifically tailored to the industry, generally speaking, when it comes to tenure issues we should be on a level playing field."

Weigelt said the question of whether outfitters have a right to build camps on Crown land will have to be answered by the Yukon government.

"It is all political and it is stalled," he said. "We haven't had those issues that have been put to the government adequately addressed. The existing land application policy is, from our perspective, so unclear right now, we don't know where to go."

A proposed government policy aimed specifically at settling the issue raised such a public outcry in 2006 that it was put on hold while First Nations leaders review it.

Weigelt said the next move is up to the government, but he added that territorial lands officials have so far rejected offers to negotiate a settlement out of court.