A set of rocks meant to block partygoers from beach access may have also infringed Gwich’in harvesting rights.
Stewart Burnett/NNSL photo
Jozef Carnogursky, president of the Nihtat Gwich’in Council, approached town council last week about the rock barrier at the bottom of Carn Road. A set of large rocks had blocked access to the beach in one direction.
Carnogursky referenced the Gwich’in Comprehensive Land Claim Agreement, saying it includes the right to access lands for harvesting, which can include harvesting driftwood.
Though those rights can be restricted in certain cases – such as for public safety, health or conservation purposes – there is a requirement of consultation with the Gwich’in beforehand, said Carnogursky.
“We believe that the town has overstepped its authority in terms of the barricades down on Carn Road,” he said at council Wednesday, Oct. 11.
“It’s also our understanding that the town does not own the riverfront lands, and we feel that it should not be restricting access to the Gwich’in or any other person to those waterfront lands.”
He asked town to remove the barriers immediately.
“We further ask that (in) any future decisions that may involve restriction of rights of Gwich’in, we as Gwich’in be consulted and involved in the decisions,” said Carnogursky.
Mayor Jim McDonald said the rocks were intended to restrict vehicle access, not person access to that section of the beach.
“We had some complaints of people partying on the beach,” he said. “We certainly didn’t intend to restrict any harvesting or any of that type of activity but there was a problem earlier in the spring with partying along the beach. It was only intended to restrict vehicle access.”
Rick Campbell, director of public services, said over the years the town has had to recover three abandoned vehicles in that area and clean up the remains of partygoers.
Campbell said “there’s more than enough room” for quads to go between the rocks for people to harvest, but Carnogursky took issue with that.
“Part of those rights I referred to refer to modern methods of harvesting,” said Carnogursky. “I really think it’s unfair for people to define what those are without talking to us as Gwich’in, who hold those rights.”
Coun. Vince Sharpe said a skidoo or quad would not fit between the rocks, and either way, they’re not on town property. He didn’t think the town had any jurisdiction blocking beach access.
“Its public land,” said Sharpe. “It’s not town-owned land. I don’t see where the town gets off putting that barrier down there to stop people from going onto federal government land. That’s a beach. It’s not our land.”
Jerry Inglanasuk, chair of the Inuvik Community Corporation, says he supports Carnogursky.
He referred to the United Nations’ Declaration of Rights of Indigenous People, saying indigenous must be consulted on these issues.
“The town putting those rocks in there has affected people getting driftwood,” said Inglanasuk. “I think if the town consulted with the Gwich’in, they would have never had a problem.”
On the subject of derelict vehicles in the area, he added that there’s an abandoned ship in that same spot that’s in worse shape than any vehicles that were left there.
After a meeting between the town and the NGC following the council appearing, the town agreed to move the rocks.