Lawsuit against Yukon gov't over Takhini elk herd settled, but farmers say issues remain

A lawsuit against the Yukon government over its alleged mismanagement of the Takhini elk herd — and the damage the animals have caused local farmers — has been settled. 

Takhini Valley-area ranchers Wayne and Alison Grove took the territorial government to court in 2020, alleging that it failed to properly control the herd's size and range. As a result, they argued, the animals have become a nuisance on agricultural land by damaging fences, trampling crops and threatening the health and food supply of livestock.

The lawsuit, which a judge initially dismissed but which the appeal court reinstated, was set for a 10-day trial in Yukon Supreme Court this week. However, on Monday, lawyers for both parties told the judge that they'd agreed to settle the case.

The Yukon government's justice department did not immediately respond to a request for comment Thursday afternoon. 

Wayne Grove, reached by phone, said the settlement agreement limited what he could talk about but that he didn't accomplish what he'd hoped to. 

"It was a long road but I can't change things by myself," he said. 

"I'm glad that I can move forward, it was a stressful thing... Our system, I think, could use improving."

Yukon Agriculture Association president Cain Vangel said in a separate interview that he'd been paying attention to the case and that elk remain a major problem for many of the association's members. 

The animals, he said, appear to have become dependent on agricultural land for food and protection from predators, viewing farms as a sort of "safe zone" or "sanctuary." However, that presents problems for farmers, who are dealing with issues like wild elk repeatedly breaking down their fences to access their land.  

The situation is not only frustrating, Vangel said, but it means that farmers must spend time and money on fixing their fences or building new ones instead of producing locally-grown or raised food for Yukoners. 

"If you're investing literally hundreds of thousands of dollars on fencing, you're not buying a tractor, you're not getting a cooler to put your products [in] and you're not buying packaging," he said.  

"You're up all night trying to make sure that elk are staying off your field and not killing the hay off in the winter, you're making sure that you're chasing them away so they're not sort of chasing your cows off the hay that's meant for your cows."

Vangel said the association would like to see the government create an exclusion zone around agricultural areas where elk can be hunted or otherwise scared off, which would in turn get the herd to avoid farms instead of being attracted to them like they are now. 

He added that he was disappointed that elk remain a problem despite years of the association and its members bringing the issue to the government, and that the situation was taking a toll on farmers. 

"People are sort of like, 'How do we keep going?'" he said.

"It's just a constant battle and it's hampering agriculture development and food production in the territory."