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Who owns the water?

Lauren McKeon
Northern News Services
Published Wednesday, March 11, 2009

SOMBA K'E/YELLOWKNIFE - According to a recent motion by the Dene Nation, houseboaters are little more than squatters on water, and the Dene want them off.

The call to move is officially dubbed motion 11 and was passed at February's Dene Nation Leadership conference.

NNSL Photo/Graphic

The Dene may be on thin ice themselves in the fight to get houseboaters off Yellowknife bay. According to a representative from Indian and Northern Affairs Canada, there is no precedent for including water in a land claim agreement - although that doesn't mean it can't happen. - Lauren McKeon/NNSL photo

The original motion demanded the federal and territorial government remove squatters from Dene lands and strengthen land use policies.

It was amended to include water - with no debate or dissenting opinions - after Chief Isadore Simon of Jean Marie River spoke up and pointed to houseboaters on Yellowknife bay: "The motion doesn't say anything about water," he said.

Squatters, in general, have "been a big problem," added Ndilo chief Fred Sangris.

"We have to be very serious and deal with this right away," he said.

When it comes to dealing with land use and so-called trespassers on water, however, the issue becomes murky at best.

"We could take up a whole day on houseboaters," said Annette Hopkins, director of operations for Indian and Northern Affairs Canada.

Hopkins is responsible for land management, enforcement and compliance for use of federal public lands.

She has yet to see an aboriginal land claim extend to water, but that doesn't mean it's impossible - just unprecedented.

"In a land claim agreement ... there is a provision for land use planning. And with a land use planning purview I guess they could include marine areas (and) water bodies," said Hopkins.

"But there is no settled claim in this particular region that would have a land use plan to address those matters (marine areas and water bodies) at the moment," she added.

She added, to her knowledge, nobody in Canada has ever tried before to include water in a land claim agreement. Houseboats are not occupying land "even though the bed of the lake is still under federal administration," said Hopkins.

Houseboats technically fall under the administration of the Canadian Coast Guard and are asked to move based on whether they're a hazard to navigation, she said.

"If we were to post a sign and say you're an unauthorized occupant where you're anchoring, (houseboaters) will pick up their anchor and float five feet down the way and drop their anchor in. Then we'll have to start over the process," said Hopkins.

"Anyone can float a boat," she added.

Many houseboaters contacted by Yellowknifer were not aware of the motion.

"It's the first I've heard of it. I know nothing about it," said Matthew Grogono, one of the targets in a five year-long lawsuit the city launched in the 1990s to collect property taxes from houseboaters.

Grogono was initially taken aback by the move, pointing out, as Hopkins said, as a registered vessel he is entitled to anchor his houseboat in most waters. He changed his mind after further consideration - and seeing a movie about the Israeli occupation of Palestine.

"Legally I can sail it in any harbour in the world (but) when it comes to dropping anchor I can understand the Dene Nation might have an opinion about that," he said.

He has since contacted Dene National Chief Bill Erasmus to talk.

"Perhaps the Dene Nation have a legitimate concern here and the most appropriate thing to do would be to go talk to the Dene Nation and listen to their concerns," he said.

- with files from Adam Johnson