Yukon outfitters fight evictions with court action

Two Yukon outfitters are taking the territorial government to court, saying theeviction notices they received for squatting are illegal.

Nicholas Weigelt, a Vancouver-based lawyer for the outfitters, Tim Mervyn of Mervyn's Yukon Outfitting and Chris and Sharron McKinnon of Bonnet Plume Outfitters, made the argument in the Yukon Supreme Court on Monday.

In December, the government began legal action against both outfitters over structures that it says were built without permission. In both cases, the government is asking for a court order to remove the buildings.

Bonnet Plume allegedly built a lodge on the Bonnet Plume River in the summer without permission, while Mervyn's Yukon Outfitting built a cabin on Crown land on the shores of Ittlemit Lake, northwest of Whitehorse. Mervyn had said in December that his company did build the cabin, but it has used the same site for years.

"In 1988, the government passed a regulation that said that outfitters, miners and trappers are not squatters," Weigelt said. "So it's kind of ironic that the government is really proceeding against us here on the basis that we're squatting."

Weigelt said the government's court summons filed in December against both outfitters are illegal. Furthermore, they threaten to destroy their new camps and other unregistered camps in the Yukon bush if they cannot prove they have a right to be there.

"There's some serious interests involved and a serious amount of money, but we want to make sure that the government goes through the proper procedural steps," he said.

"It's not their position to simply walk over to the registry here, plop down some documents, and 30 days later go out and toast a bunch of buildings."

Weigelt has asked Supreme Court Justice Leigh Gower to dismiss the government summons and force a proper hearing on the matter. Gower has said he will rule on the matter as soon as possible.