Maria Canton
Northern News Services

NNSL (Apr 26/99) - Following opening prayer on the first day of what was thought to be a long and costly trial, the Crown withdrew all charges against five Dene hunters from northern Saskatchewan in a Yellowknife courtroom last Monday.

Napolean Mercredi, Willie John Laurent, George Fern, John Dantouzie and Hector Kkailther were freed of charges of harvesting muskox and caribou in the Northwest Territories without the necessary licences, abandoning a large part of the kill and with transporting part of the kill back to Saskatchewan, using traditional treaty and aboriginal rights as their defence.

On Monday, court heard that efforts would be directed towards conservation initiatives instead of proceeding with a trial, a decision arrived at after an alternative dispute resolution had been reached by both sides.

"We think time and energy is better spent working on conservation projects rather than doing battle in the courtroom," said defence lawyer Bruce Slusar.

As part of the agreement to quit the charges, the hunters, along with their bands, will be required to hire a qualified researcher for a one-year field study on the conservation of muskox and caribou.

The cost of the study is expected to be in excess of $50,000.

The initiatives are also seen as a balancing of interests between the Dene First Nation government of Saskatchewan and the NWT and federal governments.

Dene National Chief Bill Erasmus is pleased that the Canadian and territorial governments are willing to work with First Nations in a constructive way.

"We believe that this is key to beginning the important work of implementing and putting into effect our treaty and aboriginal rights."

The hunt, which took place in September 1997, began at a traditional campsite on Damant Lake. From there the hunters continued on in the three small planes they had chartered, landing at Beaver Hill Lake, north of the Saskatchewan border and about 320 kilometres east of Lutselk'e.

Environmental enforcement co-ordinator, Neil Scott, said there was evidence of five muskox and four caribou having been killed at the Beaver Hill Lake site.

Many of the animals were left with only a portion of the meat taken and some of the animals were untouched.

"With the number of hunters and their equipment, there wouldn't have been enough room to take back all of the meat," says Scott.

The crime of wasting meat is a territorial charge, the other withdrawn charges are federal.

Concerns have been raised as to what kind of message the withdrawn charges will send to future cross-border hunters.

But Crown prosecutor Alan Regel says that the case only sets a precedent for cases that have "exactly the same unique set of circumstances."

Another case of an illegal shooting of a moose in Wood Buffalo National Park by a Metis man is currently proceeding in Fort Smith.