The former owner of the Tagish dog kennel was in Yukon Supreme Court Wednesday, as the territorial government petitioned the court to order Shelley Cuthbert off territorial land near Tarfu Creek.

Deputy Justice Bryan Mahoney presided. He informed both Cuthbert and government lawyer Julie DesBrisay that they would not have to present evidence.

He explained that information was already present in the affidavits filed in court, which he has read, and he would prefer to just hear legal arguments.

DesBrisay clarified that the land in question is closer to Tarfu Creek rather than Tarfu Lake, as previously reported. The land itself is near the Atlin Road.

She said that most of the material facts in this case are not in dispute.

She explained that Cuthbert moved to the territorial land after she lost a nuisance suit and subsequent appeal last year. Her Tagish neighbours had complained of barking dogs.

She has been using this land since late July or early August 2018.

DesBrisay argued that Cuthbert is using the land as her residence and to house her rescue operation.

She pointed out some dogs have been adopted out and others have been taken in. Cuthbert still has her Tagish residence, the lawyer added.

Cuthbert interjected that although she does still own her property in Tagish, she is setting up a lease-to-own agreement for the property.

This was signed in October 2018, but the deal has not closed. She estimates it could be complete sometime in March or April.

Continuing with her submissions, DesBrisay explained that the territorial land is made up of a forested area with trails. There are a small number of residences nearby.

The land in question is being considered as a natural environment park, but this designation is not in place.

The territory received a complaint from a resident in the area about 40 dogs there. An investigation ensued, and Cuthbert was asked to vacate the land twice.

She did not.

DesBrisay added that Cuthbert does not have a permit to be there.

“She never applied or got permission to use the site,” DesBrisay said.

She told the court that Cuthbert has set up approximately seven to 11 fenced in enclosures.

There are multiple tents, a large water tank, a heated camper, a wood store and 60 dogs.

“Cuthbert is permanently living at the site,” DesBrisay said.

She said Cuthbert’s footprint in the area is approximately 200 metres by 50 metres, which is preventing people from using or enjoying the area.

She told the court that there is a smell of urine in the surrounding area, and the sound of barking carries.

DesBrisay argued that the dogs pose a danger to people, as some can be aggressive. If one got loose, she added, or someone wandered into the site, the animal could attack and possibly kill that person.

DesBrisay pointed out that animal protection officer Jay Lester had to use pepper spray on a dog when the animal lunged at him.

Moving to the topics of law, DesBrisay said this is a narrow issue.

Cuthbert is arguing that she has a right to camp on the site for 400 days.

DesBrisay said the court will have to decide if Cuthbert has to legal authority to do so. The government feels she has no such authority, and is occupying territorial lands or squatting there.

She argued that the territorial legislation indicates that if someone using the land for camping, when he or she does not have a permanent Yukon residence, this qualifies as occupying the land.

“She is occupying this land and has no authority to do so,” DesBrisay said.

She said the 400-day provision is set out when a permit to use the land is needed. If no permit was required, anyone could just set up anywhere on territorial lands, she said. She argued that territorial land needs to be protected.

DesBrisay described camping as an outdoor leisure or recreational activity, and not exclusive use. It’s more an overnight stay when someone is away from home, she argued.

With that, she concluded the court needs to issue an order for Cuthbert to vacate the area.

Cuthbert, who represented herself, pointed out that her camper is not heated, and all her structures are above-ground.

She said she is camping in a forested area, outside of a designated area.

Cuthbert argued that the government has to exhaust all other options to resolve the issue before petitioning the Supreme Court. She said the government has not done so.

She pointed out that natural resource officer Jason Colbert told her, during one of his visits to her site, that she could camp there for up to 400 days. She claims that he never mentioned anything about a permit.

She added that she did go to apply for a permit, but alleges Colbert told her not to bother because it wouldn’t be approved.

Cuthbert explained that she is looking for another site to use. She said it’s a frustrating process because no one wants her around.

“That’s where I’m frustrated,” Cuthbert said.

Mahoney pointed out that had Cuthbert filed the application anyway, it would have been reviewed and the decision would have to be justified. He added that there was nothing he could do without the application.

Cuthbert said she was halfway through the application form when she was discouraged.

“I want to follow the rules,” she said.

Cuthbert explained that she just wants to find a more appropriate place to relocate to. She wants to house herself and her dogs in an area where she can operate her rescue. She said she does not want to stay in the Tarfu area forever.

She said she has found two potential sites, will make the appropriate applications and will work in the territory.

Mahoney accepted that information but asked her if she was camping or squatting near Tarfu Creek.

Cuthbert said she is clearly camping because anyone can walk into the area if they are not scared of dogs.

She said the dogs are secure, adding that the issue with Lester arose because he misjudged the length of the dog’s tether.

She argued that she is technically homeless, as she does not live at her Tagish property and it will be transferred to someone else soon. That said, she pointed out that she does still have that property.

She explained that the loss of the nuisance suit resulted in all but two of her dogs not being welcome on the property by way of an injunction. She felt this made it unsafe to go back with her dogs, as she would risk jail time.

Cuthbert argued she has a right to shelter, and wherever she goes, her dogs will follow. She added these dogs are her responsibility.

Mahoney asked how many days are left out of the 400. Cuthbert said this should take her to sometime in August.

Mahoney said he will reserve his decision, and hopes to be in a position to render it on Friday morning.