SOMBA K'E/YELLOWKNIFE - The territorial government has filed its motion with the NWT Supreme Court, asking it to rule on its authority to impose an emergency ban on hunting Bathurst caribou. The motion cites the need to "remove any doubts that may exist with respect to the GNWT's jurisdiction."

Under the Legal Questions Act, Justice Minister Jackson Lafferty has asked, "Does the GNWT have legislative authority (under the NWT Act) to regulate subsistence harvesting of barren ground caribou by aboriginal people?"

The motion was also sent to the Attorney General of Canada and nine aboriginal groups in the territory, including the Dene Nation and the Akaitcho First Nations.

Lafferty announced he would seek the legal ruling after considerable debate in the legislative assembly about the territorial government's ability to regulate aboriginal hunters. Effective Jan. 1, the Department of Environment and Natural Resources (ENR) imposed an emergency ban on hunting Bathurst herd caribou in a region north of Yellowknife twice the size of New Brunswick.

A Supreme Court judge will hear the matter on March 12. The aboriginal groups listed in the motion will then have the opportunity to file a response to the GNWT's submissions.

The GNWT said its authority comes from the NWT Act and the sections that concern "the preservation of game in the territories" and "ordinances restricting or prohibiting Indians or Inuit from hunting for food, on unoccupied Crown lands, game other than game declared by the Governor in Council to be game in danger of becoming extinct."

It lists a subsection of the NWT Act from 1960 that lists barren ground caribou as being in danger of becoming extinct.

Browyn Watters, the deputy minister of Justice, filed an affidavit explaining why the GNWT is seeking legal advice.

"The legislative authority of the GNWT to take measures aimed at the conservation of barren ground caribou has recently been publicly called into question by prominent political leaders in the Northwest Territories," the affidavit stated.

Included in the submissions to the NWT Supreme Court are articles from Yellowknifer, News/North and a CBC radio story, in which the Dene chiefs question the GNWT's authority to impose the hunting ban.

Also included as an exhibit are excerpts from the Hansard transcript of the legislative assembly from Feb. 3 and 4 when Nahendeh MLA Kevin Menicoche and Mackenzie Delta MLA David Krutko also questioned the GNWT's authority.

Watters stated the caribou controversy may impede the GNWT's ability to manage and conserve wildlife, "by casting doubts in the minds of aboriginal harvesters and other members of the public over the legitimacy of the GNWT's jurisdiction to regulate wildlife."

The affidavit also states the GNWT is concerned the controversy "may unnecessarily complicate or frustrate its ongoing and future efforts to discharge its duty to consult with Aboriginal peoples having or asserting Aboriginal and treaty rights to hunt wildlife."

Since ENR announced the interim ban, Minister Michael Miltenberger has maintained the emergency measures are a necessary conservation measure.

The motion was filed on Feb. 12.