Whitehorse Daily Star

Bison farmers feel vindicated by decision

Two bison farmers are free to proceed with their lawsuit against the territorial government following a Yukon Court of Appeal decision this week.

By Rhiannon Russell on November 20, 2014

Two bison farmers are free to proceed with their lawsuit against the territorial government following a Yukon Court of Appeal decision this week.

Three appeal judges overturned a lower-court ruling that Virginia and Clifford LaPrairie cannot sue because the six-year window for litigation had closed.

The LaPrairies filed a lawsuit in 2010 over ownership of the bison herd they cared for at their Whitehorse-area ranch.

They alleged “negligent misrepresentation” – that the government led them to believe they would eventually own the animals when in fact bison, as wildlife, are owned by the Crown.

Justices Edward Chiasson, Virginia Schuler and Richard Goepel decided after a hearing earlier this week that Supreme Court Justice Leigh Gower “mischaracterized the issue” in his 2013 ruling.

He determined the issue was whether or not the LaPrairies knew the ownership was disputed more than six years before they filed the lawsuit.

But the appeal-court judges said Gower instead should have focused on whether the government gave any indication the LaPrairies owned the bison in that six-year period.

An affidavit filed in court by then-Environment minister Peter Jenkins said he had a meeting with Clifford in November 2004, and told him he owned the bison.

So, in the judges’ view, the six-year deadline for filing a lawsuit – November 2010 – had not passed when the LaPrairies did so in April 2010.

Virginia told the Star Wednesday afternoon she and her husband are feeling vindicated by the ruling.

“It’s cost us hundreds of thousands of dollars (in legal fees), but you know what? We felt we were right,” she said.

“And that was a nice thing to hear, that it wasn’t just us. We’re just little people here who don’t have law degrees.”

She said they spent millions on the bison over the years – from clearing the land and putting up game fencing around 800 acres to breeding stock and producing hay.

They are seeking compensation for these expenses.

The LaPrairies began caring for 33 wood bison in 1993, as part of an arrangement with the Yukon government through its captive herd program.

According to court documents they filed four years ago, the couple was assured by Environment Yukon multiple times that once they released the same number of bison back into the wild, they would gain ownership of the original 33, as well as any others they had at the time.

Over the years, their herd grew to 300 bison.

But the government denied such a commitment existed, because wildlife cannot be privately owned.

According to its statement of defence at the time, the government doesn’t owe the couple any money, because the LaPrairies profited over the years from commercial operation of the bison farm.

But Virginia says the couple was strung along and lied to.

“They should have had the balls to come out and say, ‘Sorry, we have to deal with you guys right now. We can’t enter into a contract with you guys because nobody can own wildlife.’”

In 2011, Environment Yukon granted export permits to the LaPrairies so the bison could be shipped to Saskatchewan.

Virginia declined to comment on the details of that arrangement.

Comment from Environment Yukon was unavailable before press time this afternoon.

Comments (7)

Up 2 Down 4

Atom on Nov 25, 2014 at 11:23 pm

North 60.....umm....they did get funding....lots.....bison are good eating for sure......1500 strong....

Up 9 Down 0

BnR on Nov 25, 2014 at 5:49 pm

North of 60.
Your accusations re. bungling bureaucrats are not entirely fair or accurate.
Do not discount the omnipresent interference with proper process by cabinet ministers. It's the Yukon. Don't like something, see your MLA or the premier at the grocery store, complain, process gets overruled.
Ministers promise something to someone, bureaucrats realize it can't be done or is illegal, boondoggle results. Happens often.

Up 13 Down 3

north_of_60 on Nov 24, 2014 at 7:52 pm

Atom's unfounded opinion is based on nothing but willful ignorance; it couldn't be further from the truth.

When bungling, lying, and harassment by YTG bureaucrats forced the LaPrairie Bison Ranch out of business, we lost the very best source of clean, grass fed, healthy meat Youkoners could have. The LaPrairie's hard work developed a sustainable resource to benefit Yukoners, and once again the inept government screwed it up for us.

It seems that every week we see another news article that highlights the ongoing incompetence in the YTG bureaucracy. We have to elect MLAs that will address this, instead of becoming part of the problem.

Up 102 Down 97

Virginia LaPrairie on Nov 23, 2014 at 9:48 am

Atom we're having a ribbon cutting by the Minister and we would like you to come out and see the free equipment we received full of fuel provided by your tax dollars. Our rich uncle from overseas will be here also looking forward to meeting you. Virginia & Cliff LaPrairie (aka The Wolverines)

Up 94 Down 94

Mark Smith on Nov 22, 2014 at 11:43 am

@ProScience Greenie

In this situation Environment Yukon did not do well.
However, I would have to say that generally they do very well when dealing with the public.

Up 102 Down 100

ProScience Greenie on Nov 21, 2014 at 7:25 am

Why is it, no matter what government is in power, Environment Yukon always seems to operate without common sense, compassion and with the use of a big sledgehammer?

Up 112 Down 98

Atom on Nov 20, 2014 at 8:12 pm

Seems to me they were paid handsomely in land, equipment and money while caring for the bison.....they didn't do it to be good Yukon folks... they tapped into programs that paid for land, fencing, farm equipment, fuel, wages and $'s to purchase feed.....how could these poor fine selfless farmers afford 'hundreds of thousands of dollars in legal fees' to prove they 'owned' those bison? Did they grow money too? Is willow worth a lot?
Wow it takes all kinds.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.