N.W.T. court orders illegal occupants to vacate site near Lindberg Landing

The N.W.T. government has secured a court order to evict the illegal occupants of a site along the Liard River by Aug. 1.

In a written decision issued on Friday, N.W.T. Supreme Court Judge Sheila MacPherson said the site in question is on territorial lands and Aidan Hoven has no right to occupy it. 

"There are no records of any lease or other authorization that would support [Hoven's] lawful use of the site," MacPherson wrote.

The site at Lindberg Landing is near Nahanni Butte and is part of an interim land withdrawal. That means it's protected from any development through the Dehcho land claim process.

If Hoven refuses to vacate the site, MacPherson authorized RCMP to remove "any persons from the site and to use reasonable force in doing so."

MacPherson's decision describes how on Jan. 25, 2024, Danielle Rogers, a manager within the territory's Department of Environment and Climate Change, saw an "unauthorized use" on the site. 

It says that during that inspection, Hoven emerged from an ATCO trailer which he said had been brought up to help run a sawmill operating on land adjacent to the site.

Clinton Leussink, who owns the sawmill, later wrote to the department stating Hoven provided his own accommodation and that these structures were temporary.

Hoven disputes notices 

Hoven received a first notice from Environment and Climate Change last spring advising him that he was occupying territorial land without authorization. He responded by sending the government an invoice for clearing the land in the area. 

The territory then advised him that he was not contracted to clear the land or occupy it.

In June 2024, Rogers returned to the site with two police officers, who were asked to assist because of a "prior conflict" with those at the site and "safety concerns with one officer going alone," MacPherson wrote. A second notice was then given to Hoven.

A month later, in July, Environment and Climate Change received a letter signed by Hoven that disputed the notice he had been given and said it was an invasion of his privacy. The letter said he had a right to occupy the property and that his family had nowhere else to go, court documents state.

No-show in court 

In September, the Environment and Climate Change minister authorized Rogers to apply for a summons calling Hoven to vacate the property or appear in court. 

The court issued a summons in February.

Hoven has not appeared at any court proceedings concerning his removal. An unknown caller dialled into the most recent proceedings on May 2, but would not identify themselves.

MacPherson also described how Leussink appeared to be advocating for Hoven, contacting Environment and Climate Change in December and again in January "complaining" about the government's attempts to serve legal documents and remove people from their homes. Leussink also wrote to officials making "assorted threats" for legal action and publicity. 

Leussink also warned that Hoven would likely resist any order for his removal from the site.

Hoven is ordered to vacate the property and remove a sea can, a trailer, dog house, two car shelters and a shed from the site by Aug. 1 at 5 p.m.