SOMBA K'E/YELLOWKNIFE
A Fort Simpson man will not have to remove his houseboat frozen into the Willow Flats nature preserve on Yellowknife Bay - at least not just yet.

Houseboat owner Randy Sibbeston has been given more time to file a statement of defence over being forced to move his houseboat from the Willow Flats area of Yellowknife Bay. The territorial government wanted a judge to order him to remove it by March 23 but Sibbeston has now been given until April 15 to provide a statement saying why he should not have to move it. - NNSL file photo

Randy Sibbeston was in court on Friday where the territorial government was asking a judge to order him to remove the houseboat no later than 5 p.m. on March 23. However, Supreme Court Judge Andrew Mahar granted Sibbeston an extension to file his statement of defence. He now has until April 15 to file that defence and the court will again hear the case on April 22. The GNWT sought the authority to remove the houseboat and send Sibbeston the bill if he hadn't removed it himself by March 23.

The court action against Sibbeston was brought forth in October and Sibbeston previously missed a Nov. 6 deadline to file a statement of defence.

The government has argued that the houseboat is illegally moored on Commissioner's Land. It issued a trespass notice as far back as 2013, not long after the houseboat was first moored to its current site, just off the boardwalk leading from Rotary Park.

Dave Kellett lives nearby and is among those who want the houseboat moved and was in court for the latest decision.

The judge said he understood that Sibbeston had been facing some issues and added that the houseboat was frozen in place, granting him a six-week extension to file his papers, Kellett said. The added delay on the already drawn-out decision, for Kellett chalked down to the territory's legal system.

"Everything seems to stretch on way longer than it needs to," he said. "I thought the judge was pretty pragmatic about it all."

While the judge seemed understanding of the difficulties in moving the houseboat before the ice around it thaws, Kellett believes it could in fact be done.

"I think there is only one corner actually that is frozen in and I think you could cut that out with a chainsaw or chip it out," Kellett said. "It'll still be there in six weeks but as soon as it starts to melts along the shoreline though, then it will loosen it up and the ice will still be heavy enough that you could drag it out onto the ice at that point and skid it to wherever you were going to take it."

Sibbeston is a former cast member on the reality TV show Ice Lake Rebels, which featured houseboaters on Yellowknife Bay. He stated in earlier court documents that the Constitution of Canada allows him to live and travel freely within a traditional land-use area. Kellett has said previously that he understands that argument but contends that because Sibbeston is not living on the houseboat, he is essentially squatting.

Sibbeston told Yellowknifer last October that he planned to move the houseboat to his hometown of Fort Simpson. Sibbeston did not respond for comment on the recent judgment by press time, but he did post on his Facebook page following the court's decision on Friday.

"I can report a very positive outcome from today's supreme court hearing. It seems my argument has merit," Sibbeston stated.