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Remains of houseboat to be removed

The base of a houseboat, moored at the end of the Rotary Park Boardwalk in Yellowknife Bay, is being removed. Supreme Court Justice Shannon Smallwood yesterday granted an injunction to the territorial government to remove the dilapidated vessel, owned by Fort Simpson resident Randy Sibbeston, from the island where it has sat since at least 2013.

The GNWT sought the injunction to remove the boat, stating in court that it was on Commissioner's land and by mooring it there, Sibbeston – son of NWT Senator Nick Sibbeston – was trespassing.

A supreme court judge has granted an injunction to the GNWT to remove what's left of this houseboat from Yellowknife Bay. It has argued the vessel, owned by Fort Simpson resident Randy Sibbeston, was moored illegally on Commissioner's land. John McFadden/NNSL photo

Smallwood's decision was the latest chapter in a drawn-out legal saga that began in 2013, when officials from the Department of Lands posted trespassing notices on the boat.

GNWT lawyer Chris Buchanan, who represented the government in court, said the case has been subject to intense public scrutiny.

“The Department of Lands has received complaints from members of the public and the City of Yellowknife over the past four of five years. The minister of lands had instructed us to action this and get this site cleaned up as quickly as possible,” said Buchanan. “This is not an unusual case where it has taken this long, but we have taken a step towards concluding this case.”

Buchanan said that he expects what is left of the houseboat to be removed and put into storage within days. He added that the government is picking up the tab for that for now. He added that who ultimately pays for the removal and storage won't be decided until after the court case is complete.

Both sides are to be back in court Dec. 12, when Buchanan will argue that Sibbeston not be allowed to move the boat back to the spot it sat for years. He is arguing for a summary judgment which would halt a trial and any further court proceedings.

Sibbeston, who appeared in court over the phone yesterday, has argued the territorial government does not have jurisdiction in this case because as someone who identifies as aboriginal, he has constitutional ancestral rights to moor his boat on traditional lands.

He also argued that the GNWT has no authority over the waters of Yellowknife Bay.

“The boat is moored safely, legally and out of the way of other boat traffic,” Sibbeston told Smallwood before she made her ruling.

The lawsuit was initiated by the GNWT in September of 2013. According to Buchanan, Sibbeston filed a counterclaim against the GNWT in December, 2013.

“Mr. Sibbeston has claimed we (Lands Department officials) trespassed on his boat and that we didn't have permission to board his boat to post notices of trespass. He is seeking damages but he hasn't specified how much he is seeking,” said Buchanan.

He added that when it comes to the aboriginal rights issue, typically an aboriginal person has to show that they are using the land for hunting or fishing and that was not the case here.

In court yesterday, Sibbeston said that the entire ordeal had damaged his reputation and his public image. He said that the stress has even affected his health.

“I really have no interest in having the boat there anymore. I'm done with Yellowknife. I have no interest in doing business there. I'm very mad,” Sibbeston said, adding he will be retaining a lawyer to argue the principle of the case.

All that is left of the houseboat is the deck and the pontoons. The house part of it was dismantled and removed over a year ago.

Mayor Mark Heyck was one of those pleased with the judge's position.

“While it's unfortunate that this matter has taken so long to be resolved, I'm glad to see the court's ruling in favour of the GNWT's right to remove the remainder of the houseboat,” stated Heyck in an e-mail. “This is a very popular public space for residents and tourists alike, and we've heard from many of them over the past four years about the houseboat impeding their enjoyment of the area.”

Dave Kellett, who lives in the area and has complained about the house boat for years, said the public is the real winner.

"In the summertime this is a beautiful shallow bay and young children have been able to come swimming down here where it's safe and warm but they can't because (the houseboat) was in the way.

"Not to mention the Rotary club built the beautiful boardwalk in the nature reserve ... there's a lot of reasons why it should just be gone."