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Government files defense to lawsuit

Jason Unrau
Northern News Services
Wednesday, August 1, 2007

YELLOWKNIFE - The territorial government has fired back in response to a lawsuit filed by three outfitters over sport hunting restrictions placed on caribou by Environment and Natural Resources.

"At all times, the (government) acted within its lawful authority as a publicly elected government, one aspect of which is adopting regulation changes," reads the GNWT's statement of defence.

In April, the government amended big game hunting regulations which cut outfitters' tags to 750 from 1260, which outfitters say has cost the industry millions.

Also in the statement the government denies "it owed a duty of care to the (outfitters)" and that since the "plaintiffs are not Tlicho citizens, and are not party to the (Tlicho) Agreement... they cannot avail themselves of its provisions."

In June, owner of True North Safaris Gary Jaeb, whose two sons are Tlicho citizens and operate one of True North's lodges, told Yellowknifer he had lost faith in the system and his only recourse was to sue.

Local outfitter Boyd Warner is also part of the lawsuit spearheaded by American John Andre who operates two outfitting companies in the NWT he purchased in 1999 and 2003.

"We're happy to have a judge look at this and quite frankly we're pretty comfortable with the merits of our case," he said, declining further comment.

A separate judicial review of ENR caribou numbers and subsequent amendments to the wildlife act is slated to begin Oct. 1.