SOMBA K'E/YELLOWKNIFE - Six aboriginal hunters are now able to reclaim the 18 caribou carcasses seized by wildlife officers in the no-hunting zone north of Yellowknife last month but they say they don't want them back.

Austin Marshall, the lawyer representing the six Dene hunters whose meat was seized, debriefs with them outside the Yellowknife courthouse on Feb. 17. Also in the picture are Dene National Chief Bill Erasmus, second from right, and former Behchoko chief Leon Lafferty, far right. - Elizabeth McMillan/NNSL photo

A justice of the peace ruled on Wednesday evening that the hunters have until 4 p.m. today to pick up the approximately 650 kg of meat.

"The caribou will be surrendered to the people it was seized from," said the justice of the peace Greg Merrithew.

Between Jan. 16 and 28, wildlife officers gave written warning to six different hunters near Gordon Lake, in the restricted hunting zone. Effective Jan. 1, the Department of Environment and Natural Resources imposed a ban on hunting Bathurst caribou in a 120,000 square kilometre region north of Yellowknife that stretches to the Nunavut border.

But Austin Marshall, the lawyer representing the six hunters, said his clients didn't want the meat back. He also asked that the territorial government consult with the Dene chiefs in Dettah and Ndilo first, before approaching elders with the meat if that's who the GNWT selected to hand over the caribou carcasses.

Speaking outside the courthouse, Dene National Chief Bill Erasmus said the hunters changed their minds about wanting the meat back because so much time had passed and they didn't know how it had been stored.

"That meat in their minds is contaminated or tainted. It's no longer theirs," he said. "They don't feel comfortable taking it. Many of the elders and band members don't feel comfortable taking it either."

If the hunters choose not to pick up the caribou, Merrithew said the meat will be distributed to elders in Ndilo and Dettah, in a manner of the territorial government's choosing. Any leftover meat can be distributed to charitable organizations in Yellowknife and failing that, be made available to the general public.

The lawyer representing the GNWT, Roger Shephard, requested the meat be distributed to the elders, and charities if needed.

"We were planning to return the meat to the hunters, but given they don't want the meat given back to them, we are seeking a disposition (disposal) order."

He said the GNWT hadn't contacted any of the organizations listed in his disposal order yet. He was reluctant to suggest distributing the meat through the Dene leadership.

"I'd hate to have that amount of meat placed upon a chief that doesn't have the desire or capabilities to distribute it," he said.

The 18 frozen carcasses have been stored in the Department of Environment of Natural Resources compound in Yellowknife, "under lock and key," said Shephard.

Marshall said the hunters felt insulted by the way they were treated and said there was protocol that should be respected when approaching the communities.

Three weeks ago, the hunters indicated they wanted their meat back when they appeared before a Justice of the Peace. That day, ENR Minister Michael Miltenberger said the department requested the meat be distributed to elders and not returned to the hunters who violated the no-hunting ban.

After a brief court appearance on Jan. 26, the matter was adjourned to territorial court on Feb. 16. Because no charges were laid in relation to the violations, the file wasn't considered a criminal matter. Instead of proceeding on Tuesday, it was delayed again and put before Justice of the Peace court the following afternoon.

After delivering his judgment, Merrithew made an order for the territorial government to report back what happened to the seized caribou by April 17.