Whitehorse Daily Star

Wolf shootings in subdivision called justified

A First Nations man has pleaded not guilty to three charges under the Yukon Wildlife Act.

By Rhiannon Russell on November 19, 2014

A First Nations man has pleaded not guilty to three charges under the Yukon Wildlife Act.

Clayton Thomas argues he acted in accordance with his aboriginal rights when he shot two wolves in the Mount Sima subdivision last year.

Thomas, a 33-year-old member of British Columbia’s Tahltan First Nation, appeared in territorial court Monday morning, charged with 10 infractions of the act.

Prosecutor Lee Kirkpatrick said the Crown will proceed on three: illegal hunting, the careless use of a firearm and trafficking in wildlife.

Thomas doesn’t dispute that he shot the two wolves last year.

He argues he was justified in doing so: the wolves were a safety concern in the neighbourhood, and as per his First Nations rights, his actions were legal.

Representing himself, Thomas will call six witnesses – including Tahltan elders from Watson Lake and Dease Lake, B.C. – to testify when his hearing resumes in December.

On Monday, Kirkpatrick read a statement of facts agreed upon by Thomas and the Crown.

On April 17, 2013, Yukon conservation officers received a complaint from a resident in the Mount Sima subdivision that wolves killed his dog at the end of his driveway.

A week later, a source told COs that Thomas, also a neighbourhood resident, had killed a black wolf the night the dog was killed, and texted a photo of the wolf to friends.

Conservation officers received a second tip that Thomas had sent around a photo of him holding up a grey wolf carcass. The source reported hearing gun shots at about 11 p.m. April 17, and more gunshots at about midnight on April 22.

COs executed a search warrant at Thomas’ home on May 3. He was home with his wife and mother, and was “very upset” at the conduct of the officers. They refused to take off their boots as they walked through the house and searched through private spaces and belongings.

Officers seized 47 items including five wolf hides, sheep horns, firearms, ammunition and computers. The five wolves, Thomas said, were harvested in B.C. under his subsistence rights.

He admitted to shooting two wolves – a big, black one, and a smaller grey one – in Mount Sima.

Thomas did not have residents’ permission to be hunting within one kilometre of houses, Kirkpatrick said, as wildlife laws dictate.

She said Thomas had made a deal with his friend that the friend would claim the five B.C. wolves and two Yukon ones were caught on his trapline in the Yukon. He would get them sealed, and collect the $200 bounty per hide. Then they would split the money.

But seals were no longer available that year, so they decided to wait until the following year. That plan was foiled when COs learned of the shootings.

Thomas’ friend was also charged with trafficking in wildlife.

Three days have been set aside for Thomas’ witnesses to testify about Tahltan culture and hunting and trapping practices, starting Dec. 8.

The matter will then adjourn until the new year to allow Mark Radke, a lawyer representing the Yukon government’s aboriginal law group, to gather any necessary evidence and witnesses.

Comments (7)

Up 149 Down 93

Home and Native Land on Nov 22, 2014 at 10:15 am

Alright folks, time for a quick morality check here. This is not "another example" of native rights hunting. This has absolutely nothing to do with the aboriginal right to hunt.

Up 161 Down 95

Coco on Nov 21, 2014 at 12:59 pm

Seems like the COs have done some excellent investigative legwork here. Boots on or not.

Up 164 Down 98

Josey Wales on Nov 20, 2014 at 3:59 pm

Yet but "another" example of why race based laws are completely ridiculous!
Yes Clayton you keep on pulling that trigger of entitlement, eventually ya'll run outta bullets.

Up 198 Down 98

Mark Smith on Nov 20, 2014 at 1:09 pm

To Clayton
I am very happy we have CO's which protect our wildlife resources and followup on tips from the public.

The CO's are busy and sometimes not too good at following up on phone calls, but its no excuse for a person doing their own thing and endangering others. Maybe they could take off their boots when going into homes but that is very minor in comparison to someone shooting wolves in town and then using a sketchy aboriginal defense which is insulting to first nation people.

Up 216 Down 94

melba on Nov 20, 2014 at 11:48 am

"Thomas had made a deal with his friend that the friend would claim the five B.C. wolves and two Yukon ones were caught on his trapline in the Yukon. He would get them sealed, and collect the $200 bounty per hide. Then they would split the money."

What a complete scum. The picture of Clayton Thomas keeps getting worse, and now he smears all FN people by claiming he can do whatever he wants, wherever he wants vis a vis killing wildlife, because he has 'Status' in BC.
One scam after another, and all the while whining because the CO's didn't take their boots off at his demand.

Whitehorse is getting to know Clayton Thomas.

Up 221 Down 93

BnR on Nov 19, 2014 at 5:20 pm

So I guess the Tahltan FN would be ok with KDFN members going to the Tahltan traditional territory and carrying on? Doubt it.
Wasn't there a case just recently where a man who was a member of a Northern Yukon FN was convicted of hunting illegally on CTFN traditional lands?
C'mon Clayton, take your lumps like a man.

Up 228 Down 93

Samantha on Nov 19, 2014 at 5:07 pm

I hope that Clayton does not get a hunting license for 10 years and that he is not allowed to have a firearm, first of all he had no permit or permission, it's on KDFN land, sure he grew up in a FN community, doesn't mean he was out on the land harvesting, or trapping, he says he did that but he doesn't even know his own culture or his own teachings, tradition comes from the land and culture, and we are taught from our parents and grandparents at a young age, they take us out on the land, Clayton you need to own up to your mistakes and and quit trying use your FN rights when its convenient.

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