The former owner of the Tagish dog kennel has filed a response to a government petition seeking to remove her from Crown land off the Atlin Road near Tarfu Lake.

Shelley Cuthbert filed her affidavit to the Yukon Supreme Court on Tuesday.

In the document, she admits to have been at that location since late July or early August. She revealed that she no longer has a home.

She claims this is a direct result of the permanent injunction levied against her by Yukon Supreme Court late last year.

The injunction was issued by the late Justice Leigh Gower on Oct. 11, 2017.

This meant Cuthbert could only have two dogs on her Tagish property as pets. Those dogs had to be kept inside from 10 a.m. to 7 a.m. Cuthbert’s Tagish neighbours had sought the injunction.

“I do not have a home any longer as it was ordered by this court that my dogs are not allowed to stay on my titled property in an unincorporated community with no bylaws and that part-time residents, with one couple on tourist visas, had more say over how my property was used,” Cuthbert said in the affidavit.

She explained that she had no other option but to leave Tagish because she would not follow the court order. She faced civil contempt of court over lack of compliance.

She said she faced jail time and risked having her dogs turned over to animal welfare.

In the affidavit, she expresses feelings that the court process was biased against her, citing that there was no attempt to negotiate a mutually beneficial solution to the problem.

This was not the first section of public land she admitted to using.

When she left Tagish, she claims to have used a different site. She did not reveal where this was nor how long she was there in the affidavit.

She does not believe she is doing something wrong, claiming that natural resource officer Jason Colbert told her she could camp in an undesignated area for a maximum of 400 days.

She pointed out camping is defined as “an outdoor activity involving overnight stays away from home in a shelter, such as a tent.”

She explained she uses a tent for her shelter as well as for the dogs. Since the tents can be moved, she argues, that should count as camping.

“Housing is a basic human right,” she said in the affidavit.

Cuthbert said she is not operating a business on the Crown land, because her operation does not meet the definition of business.

To be considered a business, she reasoned, her operation would have to be making money. She claims she has no profits.

She explained that the Carcross-Tagish First Nation (CTFN) pays for the animals that come from its traditional territory. If an animal originates from outside that jurisdiction, there is no compensation.

She explained that her rescue operation is a service to CTFN government, which helps with:

• animal control;

• vaccine clinics;

• transportation for medical emergencies;

• assisting the RCMP on animal issues;

• helping people train their dogs;

• offer education on pet care; and

• spay and neuter transports.

She adds that there are no legislative requirements when setting up kennels.

She claims her dogs are being sheltered to comply with the Animal Protection Act.

Cuthbert said her service is meant to protect people.

“The service is provided to keep these communities safe from dog-related deaths or injuries,” she said.

She next pointed to statistics that showed dogs in enclosures are safer than those that are tethered. She said four dogs were once tethered but now are in an enclosure.

“The dogs residing with me are not a public safety threat,” she said. “These dogs are contained, socialized and only become protective if I am not there and people determine to mock, videotape, take pictures or whatever else they choose to do.”

Cuthbert said she has not received any complaints that any of the dogs in her care bit anyone.

She did mention that animal protection officer Jay Lester pepper-sprayed a tethered dog that lunged at him. She explained she was at a loss for that behaviour, as Lester had been at the site several times without a problem.

This specific dog, she revealed, is now in an enclosure.

As for the reported dog feces, she said it’s picked up and hauled away.

Cuthbert argues she has not caused a disturbance to the area, citing that a bear and multiple moose have been shot in the vicinity. Wolves have also been around.

She said the dogs have roamed, but none have left the immediate area. She explained that those dogs were all friendly, and that a feral dog would not approach a person.

“All dogs are now contained in enclosure including the feral,” she said. “I can catch them at any time I wish. It just takes longer when they’re not contained in an enclosure.”

She added she is not aware of any complaints as a result of her dogs roaming and causing trouble.

Cuthbert feels the noise complaint, reported to the government, is doubtful.

She explained the resident claims to hear the dogs barking approximately 1.2 km away. She feels that is unlikely, as the distance is filled with trees and a ridge.

She added that she has affidavits stating that the dogs are quiet.

She claims to have caught someone taking pictures and video of the dogs while she was gone.

She feels all the attention her case has received has caused people to form a mob mentality against her. This has put her and the dogs at risk of injury or death, she said.

The government’s petition has yet to be heard in court.