Vuntut Gwitchin man at centre of Yukon election dispute allowed to return to Old Crow

A jailed Vuntut Gwitchin man whose vote was at the centre of a legal challenge over the Yukon's territorial election results has returned to Old Crow. 

Yukon territorial court judge Michael Cozens approved a bail plan for Chris Schafer on Aug. 20. 

Schafer was being held at the Whitehorse Correctional Centre (WCC) on charges that included one count of break-and-enter and four counts of uttering threats. He voted in the Vuntut Gwitchin riding — his home community — during the territorial election in April while incarcerated.

The riding ended up tied between then Liberal cabinet minister Pauline Frost and the Yukon NDP's Annie Blake. Blake was ultimately declared the winner after her name was drawn out of a box to break the tie. 

Frost unsuccessfully challenged the election results in the Yukon Supreme Court, arguing that Schafer had been away from Old Crow for too long — he last lived there in 1999 — to be allowed to vote in the Vuntut Gwitchin riding. 

A judge dismissed the case, finding that Schafer's long involvement with the criminal justice system had largely prevented him from returning, save for a short visit in 2019 that breached his bail conditions at the time, and that Old Crow could still be considered his home. 

Bail plan

Schafer, under his current bail conditions, was released from the WCC on Aug. 21 and taken directly to the Whitehorse airport, where, under the supervision of his father, he boarded a flight to the community. 

His bail stipulates that he must reside at his parents' house and, no more than three days after arriving in the community, go to his family's hunting camp. Schafer is also not permitted to be at large in Old Crow unless his father, who's serving as his surety, is with him, and must leave the community by Sept. 10 to attend an Indigenous addiction treatment centre in Alberta. 

Schafer's release was opposed by the Crown, which, during a lengthy bail hearing spread out over multiple days throughout August, pointed to Schafer's history of breaching previous bail conditions.  

The court also heard from Vuntut Gwitchin First Nation Chief Dana Tizya-Tramm, who reflected the concerns of some Old Crow residents about having Schafer back in the community. 

In approving Schafer's bail plan, however, Cozens noted that the community, as a whole, hadn't given up on Schafer — and the court shouldn't, either. 

Schafer told the court that he ultimately wanted to return to Old Crow for good and to make his home at his family's camp. 

"I just want to live the rest of my life in peace," he said. 

Cozens responded that it was up to Schafer to live up to his word, and be accountable to himself and his community. 

Schafer's next court date is Sept. 8. His lawyer is expected to appear on his behalf.