Lindberg Landing occupant could face jail time for possible contempt of court in N.W.T.

Conflicts around public access and hostility in the area date back to 2021. The public access road is between Fort Simpson and Fort Liard and leads to a handful of leases along the Liard River.

Lindberg Landing occupant could face jail time for possible contempt of court in N.W.T. Dehcho First Nations Grand Chief wants to see leases terminated, evictions Lawyers for the Northwest Territories government are asking a judge to consider a short period of incarceration for a Lindberg Landing resident at the centre of a longstanding public land use dispute. Last year, an N.W.T. Supreme Court judge gave Clinton Leussink until Sept. 5 to remove a gate that obstructs public access to two roads and a boat launch along the Liard River in the Dehcho region.

Leussink removed the gate plates, while the government removed the posts. On Tuesday lawyers for the N.W.T. government, Maren Zimmer and Ryan Donnelly, outlined their case for Leussink to be found in contempt of court. The government said the gate restricts access to Commissioner's Land.

The land is also part of the Dehcho Land Withdrawal Order, which sets aside more than 54,000 square-kilometres from development and mineral staking until a land claim is settled with the Dehcho First Nations. Court orders removal of gate, end to 'public nuisance' at Lindberg Landing Equipment vandalized as company removes Lindberg Landing gate The Crown suggested Tuesday the judge could find Leussink in contempt for being evasive in previous hearings and for not fully following an order to remove the gate and other items from the land.

The gate also prevented Indigenous harvesters from exercising their treaty rights, according to a statement of claim. Conflicts around public access and hostility in the area date back to 2021. Crown lawyers said the judge could impose a range of fines, and force him to pay what it cost the government to remove the remaining cement, posts, and other items.

But Crown lawyers also said the judge could find Leussink in criminal contempt of court for breaching the order. If that were the case, the judge could impose a short period of incarceration. Equipment vandalized as company removes Lindberg Landing gate N.W.T. court orders illegal occupants to vacate site near Lindberg Landing Debate around land Until this week Leussink represented himself in court — but appeared Tuesday with a lawyer for the first time.

Leussink's lawyer James Kitchen argued that the case was vengeful on the government's part and an inappropriate use of court resources. He stated that Leussink should not face any jail time, and if fined anything he suggested it should be $250. Kitchen said Leussink didn’t have the resources or heavy machinery to remove the gate and that his client was navigating the legal system to the best of his ability beforehand.

Another point of contention was who controls the land the gate was on. Kitchen said it isn’t public land or controlled by the government because there isn’t enough evidence of public use or government upkeep of the road, such as snow plowing. He also said there isn’t evidence that proves Indigenous use of the land beyond a reasonable doubt.

Zimmer said the commissioner does control the land the gate was on, and that area, under the N.W.T. Lands Act. Dehcho First Nations Grand Chief Herb Norwegian said the entire situation has had an emotional toll on many. “Because of the magnitude and just the whole moral feeling of what our people had gone through, the disruption, and just the negativity, that even to the point of the racism that went on there was deplorable.

It was terrible,” said Norwegian. “No respect for Indigenous rights. They have no protocol.

They don't believe in that.” When it comes to Leussink potentially facing jail time, Norwegian sees that as a fitting course of action. “I think that they should throw them in prison, throw them in prison as far as they can.”

He said ideal next steps for him would be to see leases terminated and the individuals involved in the situation evicted. N.W.T. Justice Sheila MacPherson reserved her decision for a later date.