Two members of Dawson City's Tron'dek Hwech'in First Nation believe they've waited long enough for their day in court.

Robert Rear and Art Christiansen were charged by the Yukon government in November 2002 with shooting three caribou inside the no-hunting corridor along the Dempster Highway.

They are also charged with shooting the caribou during the one-week hunting closure the government imposes when the first caribou arrive at the highway during their southern migration.

But Rear and Christiansen are suspicious the matter is taking much longer than they expected because the government is afraid of having to justify the very existence of the 500-metre corridor and the need for a week-long closure.

Rear, an elder and member of the first nation council, said in an interview this week the only way non-aboriginal governments can impose restrictions on aboriginal hunting rights is by demonstrating a need for wildlife conservation or a concern with public health and safety.

Neither can be demonstrated in the case of the corridor and one-week closure, the two accused believe.

And now there seems to be a shift of justifying the corridor as a means of promoting wildlife viewing opportunities, Rear said.

'You know, we do not have to stop hunting because people want to take pictures,' said Rear, the council member who holds the wildlife portfolio said.

'They are slowly picking away our aboriginal rights under section 16 (of the Umbrella Final Agreement, the blueprint for land claim settlements in the territory).'

Rear said there has been one hunting accident that he knows of along the Dempster. That does not amount to adequate justification for the corridor and restricting his hunting rights inside the traditional territory of the Tron'dek Hwech'in, he argues.

There is also insufficient justification for the closure, he said. It was adopted by the Yukon government after it was recommended by the Porcupine Caribou Management Board, a board of representatives from the Yukon and Northwest Territories.

The caribou board said it was a way of ensuring the veteran leaders of the migration pass safely and lead the rest of the herd to the winter range.

Rear said it was a concern that originated in the north section of the highway with hunting practices further north. He argues it is not necessary in the southern section of the highway that runs through his first nation's traditional territory.

In one week, said Rear, the whole herd could pass through and be gone.

If his elders told him he should not be hunting the herd of 120,000-plus members when it first shows up, then he wouldn't, but nobody has said he shouldn't, he said.

The first nation, he said, has long resisted the corridor or any hunting restrictions placed on its members along the Dempster. It has, in fact, adopted a policy of covering the legal expenses for any members charged with hunting inside the corridor, and for breaching any restrictions imposed by the government.

Rear said the first nation has paid about $36,000 so far in legal expenses and other costs associated with the case. Included is another case of a first nation member charged last year with hunting infractions along the Dempster, bringing to three the number of first nations members facing similar charges.

Justice Minister Elaine Taylor and officials with the Department of Justice declined comment about the two men's concerns.

The case has been to court a dozen or more times, but has always been adjourned. It was scheduled to be back in today to fix a date for trial.

Dan Lindsay of the Department of the Environment said he understands the case has taken this much time because of ongoing discussions, on both sides.

He suggested Rear talk to his lawyer, Dave Joe, if he wants to know how its going. Joe is a member of the Champagne and Aishihik First Nations and a former Yukoner who specializes in aboriginal rights cases. He could not be reached for comment this morning.

Lindsay also pointed out there have been other cases under the Wildlife Act that have taken considerable time to get into court.

But Christiansen said he received a fax this morning from his lawyer indicating the government is suggesting the parties take a new direction in the case, though he wasn't clear exactly what was being recommended.

There is an indication, however, that the Yukon would be prepared to drop the charges, but it appears there is request that Christiansen and Rear agree not to hunt in the corridor.

Christiansen, however, said at this point, he prefers to have his day in court.

And it is not just about the rights of Tron'dek Hwech'in members, but about the rights of all first nation members in the Yukon, he said.

Without having to justify the need for the Dempster corridor, Christiansen suggested, the government could go unchallenged on any highway corridor it chooses to impose on aboriginal and non-aboriginal hunters.

'I think what this is about is a lot more than me and Rear,' said Christiansen, the first nation's manager of fish and wildlife. 'It's all the first nations in the Yukon.

'I would prefer to see it in court, because I think this case is pretty strong for first nations, and I think it will be a precedent-setting thing for time to come.'

Years ago, a Mayo elder was charged by the federal government for a salmon fishing infraction. The elder fought the case, featuring a high-profile aboriginal rights firm from Vancouver and a hefty legal bill for the Nacho Nyak Dun First Nation.

Ottawa dropped the charges on the eve of the trial, but provided no explanation.

Then-chief Robert Hager surmised the federal government was afraid of losing the battle and having one of its laws struck down in public.

When asked if he thought the Yukon government was afraid of losing the battle, and was prolonging the matter for that reason, Rear said one could definitely get that impression.