A former Yellowknives Dene First Nation (YKDFN) band councillor and Ndilo chief candidate who fought to keep a parcel of land that amassed over 70 broken-down vehicles has been ordered by a judge to remove any property from the site he wishes to retain by the end of the month.
Alex Beaulieu, an elder who served on council in the 1980s, entered into an agreement with the Northwest Territories Housing Corporation (NTHC) in 2003. The agency provided funding SA国际影视传媒� a forgivable loan over a five-year span SA国际影视传媒� to build a small dwelling as part of an SA国际影视传媒淓lders Land Initiative.SA国际影视传媒�
The agreement followed a council resolution in 2002 from the YKDFN which granted Beaulieu permission to occupy the site SA国际影视传媒� located about 23 kilometres west of Yellowknife, just off of Highway 3 SA国际影视传媒� as long as he resided on the property.
Nearly a year after entering into the agreement, NTHC advised Beaulieu he was in breach of the conditions because he was not using the site as his primary residence. He was living in Ndilo at the time.
YKDFN then passed a motion in 2004 to revoke BeaulieuSA国际影视传媒檚 permission to occupy the site, citing concerns about how the area was being used and the fact he wasnSA国际影视传媒檛 living there.
Two inspections of the site conducted by the federal Department of Indian and Northern Affairs (DIAND) followed. In 2008, at the site of the cabin, approximately 35 derelict vehicles were found. Two years later, the number of inoperable vehicles at the site had swelled to 49.
Beaulieu claimed ownership of the vehicles, and in 2010 DIAND determined he was not authorized to occupy the site, setting the stage for years of legal wrangling.
The territorial government filed a statement of claim against Beaulieu in 2012 and he responded with a counter-claim of his own.
Following devolution in 2014, the GNWT took responsibility of the territorySA国际影视传媒檚 lands and resources, and in 2017 the Department of Lands conducted its own inspection of the site. Seventy-two inoperable vehicles were noted to be at the site.
Last year, the GNWT applied for a summary judgement of the matter SA国际影视传媒� a quicker, more cost efficient way of resolving a legal dispute without going to trial SA国际影视传媒� arguing Beaulieu was effectively trespassing on land they control; land he was occupying without permission or a valid claim.
Beaulieu argued he had been granted permission and authorization to occupy the site by YKDFN and the territorySA国际影视传媒檚 housing corp. He also claimed he was entitled to the site on the basis of a treaty right, according to court records.
The GNWT argued BeaulieuSA国际影视传媒檚 use of the site violated YKDFNSA国际影视传媒檚 land use policy, and that YKDFNSA国际影视传媒檚 resolution to permit him to occupy the site was SA国际影视传媒渘ever intended or capable of conveying any right in land to Beaulieu.
SA国际影视传媒淢r Beaulieu is essentially operating a junkyard,SA国际影视传媒� the GNWT argued, court records show.
In a written statement of NWT Supreme Court Justice Andrew MaharSA国际影视传媒檚 reasons for judgement, filed on Tuesday, Mahar wrote there was no evidence Beaulieu actually lived at the site, meaning heSA国际影视传媒檇 been occupying the area in a way that violated the order granted by the YKDFN.
BeaulieuSA国际影视传媒檚 agreement with the NTHC was SA国际影视传媒渘ever intended to convey any rights to the land the cabin was sitting on,SA国际影视传媒� wrote Mahar. Additionally, Beaulieu never followed a SA国际影视传媒渒ey conditionSA国际影视传媒� of the housing corporationSA国际影视传媒檚 loan SA国际影视传媒� that he reside at the site.
Mahar also rejected Beaulieu's treaty rights claim.
SA国际影视传媒淏eaulieuSA国际影视传媒檚 use of the site, as a depository for a growing collection of derelict vehicles SA国际影视传媒� can in no way be seen as the sort of traditional use from which land rights of this flow,SA国际影视传媒� he ruled.
Mahar granted the GNWTSA国际影视传媒檚 application for summary judgement on the grounds the issue didnSA国际影视传媒檛 require a trial to bring forth a SA国际影视传媒渇air and justSA国际影视传媒� resolution.
He dismissed BeaulieuSA国际影视传媒檚 counterclaim and granted the territory possession of the site. Beaulieu has until the end of May to retrieve property he wants to keep, including the cabin, Mahar ruled.
Beaulieu is ordered not to leave additional items at the site.
Beaulieu, a pensioner with a limited income, wonSA国际影视传媒檛 be ordered to pay for a cleanup of the area or remediation costs for any potential environmental damage.
