'We shouldn't be in court'
Dene chiefs stand up for former Ndilo chief in court, charged with illegally harvesting wood
Daniel Campbell
Northern News Services
Published Wednesday, April 30, 2014
SOMBA K'E/YELLOWKNIFE
Dene National Chief Bill Erasmus and Ndilo Chief Ernest Betsina appeared in territorial court yesterday on behalf of one of their own, Fred Sangris, who is charged with illegally harvesting wood.
Bill erasmus: Dene national chief says territorial government violating treaty rights. - NNSL file photo |
Erasmus and Betsina told the court Sangris' charge is part of a larger issue of the territorial government infringing on treaty rights, and argued the case shouldn't have been brought to court in the first place.
Sangris, a former Ndilo chief himself, was scheduled to plead on his charge, but was unable to appear due to a prior engagement and had Erasmus and Betsina represent him instead.
"We shouldn't be in court," Erasmus told Yellowknifer outside the courtroom, echoing comments he made to Judge Garth Malakoe.
Erasmus said the territorial government has been flexing its muscles now that devolution is in place, charging Dene over things they've always been able to do, such as harvesting wood and caribou.
Jonas Cassaway and another former Ndilo chief, Ted Tsetta, were charged with illegal possession of caribou in February, and had their meat and rifles seized by the Department of Environment and Natural Resources (ENR).
They're scheduled to plead on their charges in May.
Erasmus tied the issues together, telling the court ENR is already under investigation by the RCMP for allegedly forging the signature of Ed Sangris, Dettah's chief, and the Yellowknives Dene First Nation logo on their caribou tags.
"We see this as harassment and a breach of our treaty rights," said Erasmus.
The department said it would not comment on the matters because they are before the courts.
The RCMP confirmed last month it is investigating the matter, but did not return comment by press time for an update.
Erasmus said Fred Sangris has been harvesting wood for his home all his life and has never had to ask permission before.
The Forest Management Act states permits - which are free - are required to harvest wood. The penalty for not following the legislation can be a fine of up to $1,000 and/or a year in jail.
The act also states "nothing" in it should infringe on aboriginal rights.
Sangris was charged with the offence on Jan. 22.
"The territorial government doesn't understand the treaty. It's been here 114 years," said Erasmus, referring to Treaty 8, which was concluded in 1900.
Erasmus also backed fellow Dene Barrett Lenoir last fall, who was charged under the Forestry Management Act for transporting wood without a permit. According to court documents, the case was set for a trial in territorial court on Oct. 17, but Lenoir paid the $115 fine the week before and the trial was cancelled.
In court, Malakoe urged the matter forward, saying Sangris' case would have to be heard in territorial court.
"We need to schedule a time so both sides can present their arguments," said Malakoe.
Betsina said they'd like the courts to give them as much time as possible before Sangris enters a plea. He said they would need to hire a lawyer, review the charge and discuss it with the community.
Malakoe gave the chiefs a month, setting the matter to May 27, when Sangris will be expected to enter a plea.
