North

I'm not leaving, says Yukon woman camped on public land with 50 dogs

The Yukon government says she's breaking the law, but Shelley Cuthbert says she and her makeshift bush kennel are staying put.

The Yukon government wants her gone, but Shelley Cuthbert says her makeshift bush kennel is staying put

Shelley Cuthbert has built a number of dog pens on public land off the Atlin Road. She's also set up several tents and has a trailer. Cuthbert argues that she can legally camp on the site for up to 400 days, but the Yukon government disagrees. (Jackie McKay/CBC)

Shelley Cuthbert, who was forced to shut down her Tagish, Yukon, boarding kennel earlier this year, says she — and her 50-odd dogs — are staying put, for now.

That's despite the Yukon government telling her she's now camped illegally on public land.

"We're going to fight it," Cuthbert said on Thursday, referring to the government's efforts to have her removed from the site she's now calling home.

The department of Energy, Mines and Resources is petitioning Yukon Supreme Court to force Cuthbert and her dogs — many of them with behavioural problems — to vacate the area where she's set up camp.

Cuthbert argues that she's not breaking any law. Under the Territorial Lands Act, a person can establish a campsite on public land for up to 400 days without a permit. 

'We're going to fight it,' Cuthbert said, referring to the government's petition to have her removed from the site. (Jackie McKay/CBC)

But in its petition to the court, the government argues that Cuthbert is not in fact camping.

"Ms. Cuthbert is living continuously on the site in order to keep her dogs and her use and occupation of the site is of a permanent rather than transitory nature," the petition states.

It also states that Cuthbert's use of the site is unauthorized because she's operating her kennel business there, and is interfering with public use of public land.

No other home, Cuthbert says

Right now at the site — which is about 1.2 kilometres off the Atlin Road near Tarfu Lake — Cuthbert has several pens built of wire fencing and tarps, tents full of supplies, a wall tent that she sleeps in, and a trailer. Dogs are all over the place.

Cuthbert has said she intends to stay the winter because she has no other home to go to. She explains that she effectively forfeited her Tagish home to the bank. 

After leaving that property in June, Cuthbert says she looked around for a good place to set up and found her current spot in August.

Shelley Cuthbert has set up a boarding kennel for dogs on public land in Yukon, after being forced to shut down her kennel on a Tagish, Yukon, property. (Jackie McKay/CBC)

"It was a good location," she said. "I'm isolated, fully treed-in, I don't know how anybody can say they can hear the dogs a kilometre away — it's impossible."

The government's petition to court refers to local residents who can hear barking "over one kilometre away."

'I'll just relocate somewhere else'

Cuthbert says her ultimate goal is to find property that she can lease. She hopes to do that before 400 days is up.

"I'm not interested in buying anything, anymore. Titled property doesn't mean anything in the Yukon. You have no rights on titled property, I found out," she said.

Cuthbert describes feeling harassed and misunderstood. She doesn't understand why the government doesn't just leave her alone to look after her dogs.

Dogs at Shelley Cuthbert's makeshift boarding kennel in the Yukon bush. (Jackie McKay/CBC)

"Otherwise, we're going to be doing this dance for a long time. I'll just relocate somewhere else, and camp again. I don't understand why the government wants to do the confrontational approach," she said.

She's still trying to find homes for some of her dogs, but says many could never be adopted out because they've got serious behaviour problems. She believes many would be euthanized if not for her — and that's why she's standing her ground.

"Would you give up something you loved? So why would I give up my dogs, that I love?"   

With files from Jackie McKay