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SOMBA K'E/YELLOWKNIFE
A Dene woman and her family have won at least a temporary court victory in their fight to keep living in their disputed home on the Ingraham Trail.

Agnes Christensen gets a congratulatory hug from son Stanley, 18, one of four adult sons living with Christensen and her husband Steve in their home on the Ingraham Trail, just past the turnoff to Dettah. On Tuesday, a panel of three Court of Appeal judges unanimously overturned an order to evict the Christensens from the property. - Galit Rodan/NNSL photo

On Tuesday, three Court of Appeal judges unanimously overturned an eviction notice against Agnes Christensen and family, which was issued by the Supreme Court of the NWT on behalf of the Department of Municipal and Community Affairs (MACA) on April 23, 2010.

The GNWT filed a lawsuit against the First Nations family for trespassing on the parcel of land located just past the turnoff to Dettah. They have been there without the permission of the GNWT since May 2000. On Nov. 5, 2010, after several court appearances, Justice Edward Richard ruled that the Christensens must vacate the land within 90 days. Richard also granted the GNWT the freedom to apply for damages, if warranted by the condition of the land, and ordered Christensen to compensate the territorial government for costs incurred as a result of the legal action.

The government's claim was supported by Chief Ed Sangris of Dettah and Chief Ted Tsetta of Ndilo. John Carter, then-executive director of the Yellowknives Dene First Nation, said the First Nation had asked MACA for several years to have the family removed. "She has disrespected our council for the last 15 years because she never asked permission (to live there) and she was never given permission," Carter told Yellowknifer in February 2011.

Christensen has maintained that she is exercising her treaty rights.

The panel of appeal judges found Tuesday there was no proof that the family had settled on the lot illegally and awarded Christensen costs.

"Today was actually a good day," said Christensen, laughing in a way that implied that good days had likely been few since the eviction order was issued. "Oh, you wouldn't believe how it feels - it took time to get to where we are right now."

Christensen said she and her family lived without power in their home for four years and have since made many improvements to the property "on our own ...we didn't ask help from nobody."

She represented herself at the lower court level but retained the services of lawyer Jeffrey Rath, who specializes in treaty and aboriginal rights, for her Court of Appeal appearance and future court dates.

"It's a pretty odd situation because - and this is what the court pointed out - the GNWT is seeking to have these people thrown off the land as trespassers yet the GNWT is happily collecting taxes from them every year," he said.

The Christensens will be able to stay on the property pending a resolution by a trial judge on the trespass charge filed by the GNWT, said Rath. He said the case could potentially remain before the court for several years and that he and Christensen will be filing their statement of defence shortly.

"We think her position is substantially stronger than the GNWT's given the fact that she has constitutionally protected rights under treaty, and the rights of aboriginal people in the Northwest Territories predate the existence of the GNWT. First in time, first in right," Rath said.

The Christensen family will also be suing for damages and financial losses as well as for declarations of rights to land on behalf of all of the Christensen family, said Rath. They could still be evicted from the property, however, if a trial judge finds they are trespassing.

Rath also said he found it "absolutely offensive" that the GNWT is seeking to evict people from the land while treaty talks with the Deh Cho and Akaitcho people are ongoing.

"My question for the GNWT is what do they expect First Nations people to do while these matters are being resolved? Are they supposed to levitate six feet off the ground until they finally get around to acknowledging that these people have rights to land ... of 160 acres per person?" he said.

Christensen said she's still unclear why the Yellowknives Dene want to evict her.

Rath said the leaders of the Yellowknives Dene were doing their people a "disservice" by not supporting the Christensens.

Calls to Sangris were not returned by press time.

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