Chris McKinnon, the owner-operator of Bonnet Plume Outfitters, says he was told by a government official there would not be any problems with building a large lodge structure and three cabins at Copper Point.

McKinnon told the Star he wasn't 'going to name any names', but confirmed it wasn't Energy, Mines and Resources Minister Archie Lang who gave him the go-ahead.

The legitimacy of the hunting lodge facilities built on the Bonnet Plume River, about 160 kilometres northeast of Mayo, is now being called into question.

'We're unaware of any evidence supporting their ability to occupy that site,' said Lyle Henderson, the lands branch manger with the Department of Energy, Mines and Resources.

'No permission has been provide or has even been provided to construct that building,' he said.

Bonnet Plume has been contacted by the Yukon government's legal branch and informed documentation must be provided to prove the outfitter has a legal interest on the lands.

Henderson said Bonnet Plume indicated that documentation will be provided soon after the Oct. 19 letter was sent. However, forwarding has not yet occurred and the lands branch will be sending out a letter early next week providing the outfitter with a final date to provide the evidence, said Henderson.

Should Bonnet Plume not be able to demonstrate lawful authority to occupy the site, the government will proceed with an application to the Yukon Supreme Court calling for the vacancy of the lands, said Henderson.

'We are gathering all the available information, documentation, and once done, if the outfitter cannot prove legal standing on this area, we will be seeking a court order for the outfitter to vacate,' Premier Dennis Fentie said this week. 'We're not going to preclude due process.'

Fentie added that as soon as the appropriate government officials became aware of the structures' appearance on the concession, action took place.

But the First Nation of Nacho Nyak Dun says government officials were first informed of the construction on the heritage river in the fall of 2005.

The first nation became aware of the three smaller cabins appearing on the land in fall 2005. It contacted Glenn Sorenson, an Energy, Mines and Resources officer in the Mayo office, said Steve Buyck, an environment officer with the first nation.

'We were told it was being addressed. Our understanding was that it was being treated as an illegal action,' said Buyck. 'We were told they were looking into it and were dealing with it.'

It was an assurance that was made several times, he said, with the statement that the matter was being dealt with in Whitehorse.

The communication with Sorenson, however, was done verbally and the client services and inspections branch of the department now has no documentation to support the discussions. Sorenson is not working now and will be out of the office until the new year.

It is apparent that the government didn't deal with the matter until August of this year, said Buyck, after aerial photographs were taken of the area depicting the construction of the larger lodge facility.

'It took all winter and then, all of a sudden, another building pops up,' he said.

A Vancouver-based mining company, Fronteer Group, also has a camp at the location. It contacted the government over the summer months regarding the construction on the site.

Fronteer first became aware of Bonnet Plume's actions last May, said Rick Valenta, its chief operating officer.

Approximately $6 million worth of core samples were destroyed by the construction, said Valenta. The outhouses and three smaller cabins were also constructed out of the boxes the samples were kept in.

After having informal discussions with Bonnet Plume personnel on the site and reviewing potential legal options, Fronteer contacted the Yukon's land branch in a July 5 letter, said Valenta.

It was this correspondence, received at the end of the month, that initiated the government's investigation, said Henderson.

The letter, however, was more concerned with the destruction of property, he said, and Fronteer was informed it could file for theft or vandalism charges or move forward with its own civil suit.

Fronteer has yet to do either, said Valenta.

'We're aware of the outfitter's activities,' he said. 'We're awaiting, and will review, the government's actions on this issue.'

Buyck said Nacho Nyak Dun also has yet to hear from the government or Bonnet Plume regarding how the situation will be resolved.

The first nation's chief and council have decided the building should not be there and that the Alberta-based outfitter never had a right to build.

McKinnon said building cabins on an outfitting concession has 'always just been common practice.

'There is no policy in place,' he added.

Communication with the Yukon government has been slow, said McKinnon, who added it only recently found out there may be a problem. But he has received no indication the structures will have to be removed, he said.

Outfitters are expected to provide accommodation to their clients, he said, and building structures has been done for decades.

The land was originally outfitted in the 1950s, said McKinnon, when there was no policy in place.

'What I don't understand, is we're trying to contribute to your local economy big-time, bringing money from all over the world, making a very good business, and we're being micromanaged from up above,' he said.

The government brought in a new land policy for outfitting and there are people confused, he added.

'We've got to get it straightened out.'

The October 2005 big game outfitting land policy allows for land to be leased to big game businesses that had longstanding sites in existence prior to the devolution of federal land management powers to the territory.

The policy, however, does not provide for brand new sites, said Henderson.

Bonnet Plume Outfitters is one of the oldest running outfits in the Yukon, McKinnon said.

The outfitters policy has nothing to do with the new buildings and the government should act, said Mayo-Tatchun MLA Eric Fairclough.

'I'm looking for the government to pay attention to this,' said Fairclough. 'It is a big issue and we do want something to be done.'

'There has to be a determination made on what has transpired here and whether in fact there is any sort of valid standing of this particular construction and footprint on the land base,' said Fentie.

'I want to reiterate and emphasize why we need a policy out there regarding the land base that helps to bring clarity and puts parameters around what can transpire across the Yukon with respect to matters such as these,' he added.

Dealing with land issues concerning trespassing are complicated legal matters, said Henderson, and it is extremely important the government knows all the facts and has all the documentation prior to moving forward.

'YTG never did give a timely requirement,' said Buyck. 'How long does it take (Bonnet Plume) to photocopy it and send it off?'

After an order is put out from the Yukon Supreme Court, the outfitter will have an additional 30 days to indicate why he should not have to vacate the property or to leave.

The government must act, agreed acting NDP Leader Steve Cardiff, saying that all must be treated equally under legislation.

'You can't have one policy for one person and another policy for another,' said Cardiff. 'The premier needs to take this pretty seriously and find out what's going on.

'I find it hard to believe that you wouldn't know you have to have some type of tenure on the land to put up the structure.'