In what appears to be the end of the line for an argument by local residents, it has been determined that McLean Lake is not a game sanctuary.

Steven Horn, chief legislative counsel for the territorial Department of Justice, told the Star this morning that while McLean Lake was a game sanctuary in 1953, that designation was effectively repealed in five years later.

'We actually started to research (the 1953) order last fall,' Horn said.

'The (1953) ordinance was repealed by a new games ordinance in 1958.'

At last Monday night's city council meeting, members of the McLean Lake Residents Association voiced disapproval over the city's new zoning bylaw. It would allow for a gravel pit operation atop the Sleeping Giant Hill near McLean Lake.

Members of the association cited a 1953 order by then-Yukon commissioner Wilfred George Brown, which declared the area surrounding McLean Lake protected.

The order, found in section 75, paragraph (g) of the Yukon Game Ordinance, chapter 11 of the Ordinances of 1951 states:

'The following area is hearby set aside as the game sanctuary to be known as the McLean Lake Game Sanctuary.

'All that portion of the Yukon Territory which lies within a one-half mile of the shore of McLean Lake; said lake being situated approximately two miles west of Miles Canyon in the Yukon Territory.

'These regulations shall come into force on the twentieth day of May, 1953.'

Horn said that the 1953 order was replaced by a new order, which received royal assent on July 1, 1958.

Because the 1953 order was not consistent with the 1958 order, Horn said, the 1953 order declaring McLean Lake a game sanctuary was no longer valid.

'If the 1953 order had been consistent with the order in 1958, McLean Lake would still be a game sanctuary,' Horn said.

'There was no mention of McLean Lake in the 1958 order.'

The 1958 directive, Horn said, 'also make it clear that the commissioner could not declare a game sanctuary by order.'

Mayor Ernie Bourassa said this morning YTG has informed city officials that the McLean Lake is no longer a game sanctuary.

The zoning bylaw, he said, would now go forward as is and go through a public consultation process.

'The game sanctuary is no longer an issue,' he said.

'(At public consultation) we will listen to and consider all arguments.'

Bob Kuiper, of the McLean Lake Residents Association, told the Star this afternoon he's not convinced of Horn's assessment of the situation and would like to see more evidence.

'Well, I think my first response would be that we'd be interested in seeing a written explanation of why the 1953 order is no longer valid,' he said.

Kuiper said he and fellow McLean Lake residents believe the 1953 order accurately reflected the feelings of residents, then and now, and that the order should be respected.

'If our current bylaw would allow for a concrete plant (and gravel pit), we feel that it would be inappropriate.'