[IPSM] More nations opposing pipeline [Mackenzie]

[Macdonald Stainsby]

Press Release Dene Tha' May 17th 2005

Dene Tha' Launches Legal Action Against Mackenzie Pipeline

Calgary--The Dene Tha' First Nation filed a judicial review application 
in the Federal Court of Canada in Calgary against the federal government 
for failing to consult with Dene Tha' about the proposed Mackenzie Gas 
Project.  Dene Tha' alleges that the proposed mega project will cause 
adverse environmental effects and will infringe its Treaty and 
Aboriginal Rights and Titles that it holds in the Northwest Territories 
(NWT) and Alberta.

For three years, the Dene Tha' have raised concerns with the federal 
government, the National Energy Board and the project proponents about 
the potential for the Mackenzie Gas Project to infringe its Treaty 
Rights and Aboriginal Rights and Title and about the process designed 
for the environmental and regulatory review of the Project. Despite 
numerous requests to be meaningfully consulted and efforts to engage the 
regulatory process, Dene Tha' rights and interests have been largely 
ignored.

The $7 billion dollar, 1220 km Mackenzie Gas Project will ship gas 
through the Mackenzie Valley and into Dene Tha' traditional territory 
that lies in the southern portion of the NWT and northwest Alberta. The 
2500 member Dene Tha' First Nation continues to rely heavily on their 
territory and the project area for cultural and livelihood purposes and 
is concerned that the project will have an adverse impact on the land 
and their way of life. Based on Dene Tha's experience to date, the 
community fears that the pipeline will spur further petroleum 
development in an environmentally significant area, the "Bistcho - Lake 
Peat Bog Plateau".  This area is home to moose and other wildlife 
species relied upon by the Dene Tha'. The area is also an important 
habitat for endangered woodland caribou - a species known to react 
adversely to oil and gas development.

"The key parties must meaningfully consult us and accommodate our rights 
and interests in the NWT and Alberta." states Dene Tha' Councillor Cary 
Chonkolay "For 50 years, we have lived with the negative impacts of 
petroleum development. It's not pretty and it has created hardship for 
Dene Tha' families.  Of any First Nation along the pipeline, we will be 
most impacted by the new pipeline and spinoff developments".

In the last two weeks, the Dene Tha' learned through the national media, 
and not from the federal government directly, that the federal 
government is meeting with other NWT First Nations to try and address 
their concerns about the Project. Dene Tha' has repeatedly written to 
Indian and Northern Affairs Canada (INAC) and most recently to an INAC 
Assistant Deputy Minister on May 9th.   The Dene Tha' wrote to the 
Deputy Minister last Friday, again asking to meet, and again receiving 
no response.

A key issue for the Dene Tha' is how the project is essentially being 
"split". The National Energy Board, a federal agency, is reviewing and 
regulating the NWT portion of the line being built by Imperial Oil and 
its partners. However, the southern portion of the line in Alberta 
proposed by TransCanada would be regulated by the Alberta Energy and 
Utilities Board, a much more industry-friendly regulator than the NEB.

Robert Janes, legal counsel for the Dene Tha' states, "We object to the 
government letting the companies split this project and escape proper 
environmental review. My clients have raised this issue numerous times 
with no real response.  Further, government continues to dodge the 
question of how and when they are going to sit down with Dene Tha' and 
accommodate their rights and interests as they are doing with other 
First Nations".

Dene Tha' Acting Chief Gordon Pastion stated, "We have offered to enter 
into negotiations with proponents and the government.  We have and are 
engaged in the regulatory and review process in a constructive way. 
However, our good faith efforts have not been returned.  We now have no 
choice but to file a judicial review application in Federal Court 
challenging the ongoing failure of the federal government to consult 
with Dene Tha' and to accommodate their Treaty Rights and Aboriginal 
Rights and Titles in respect of the Mackenzie Gas Project."

The Dene Tha' request the Federal Court to issue several declarations 
confirming that federal ministers have a legally enforceable duty to 
consult and accommodate the Treaty Rights and Aboriginal Rights and 
Titles of Dene Tha'.  Further, the Dene Tha' ask the Court to confirm 
that such duties apply to the project as a whole, including the 
TransCanada portion of the pipeline in Alberta.  The Dene Tha' allege 
that the project is a single undertaking and as such falls under the 
jurisdiction of Canada, not Alberta. Lastly, the Dene Tha' requests the 
Court to order the JRP to suspend its environmental review and hearings 
until the Dene Tha' have been appropriately consulted and involved into 
the process.

For further information please contact:

Cook Roberts Lawyers Robert Janes
(250) 385 - 1411 / (250) 888 - 5269

Dene Tha' Mackenzie Pipeline Backgrounder

... The Dene Tha' are adherents to Treaty 8 which guarantees them 
hunting, fishing, trapping and other rights. The Dene Tha' hold Treaty 
Rights and Aboriginal Rights and Titles throughout their territory. 
Dene Tha' traditional territory extends through the southern portion of 
the North - West Territories, northwest Alberta and BC.  (See Map).

... The Dene Tha' speak "Dene" and are related to and culturally 
affiliated with other Dene people of the NWT.  Dene Tha' First Nation 
(DTFN) is comprised of the communities of Chateh, Meander River and 
Bushe located near High Level, Alberta. DTFN has approximately 2500 
community members. The Dene Tha's way of life, culture and economy are 
still tied to land. The community holds traplines and continues to trap 
in the NWT, Alberta and BC.

... The petroleum industry has been active in Dene Tha' territory for 
approximately fifty years.  The Hay - Zama - Rainbow area is deemed to 
be one of the most active petroleum fields in the Western Canadian 
Sedimentary Basin.  Last year approximately 2500 oil and gas projects 
were approved in Dene Tha' traditional territory. The Government of 
Alberta recently doubled the harvesting levels for area forest licence 
holders. For years, Dene Tha' community members have voiced their 
concerns about the cumulative impact of industry on their rights and way 
of life.

... The Mackenzie Gas Project Pipeline will bisect the Bistcho Lake Peat 
Bog Plateau - an area deemed to be one of Alberta's most environmentally 
significant areas and area of cultural importance to the Dene Tha'. This 
area has been subject to significantly less development than other parts 
of DTFN territory.

... The project area acts as an important range and habitat to woodland 
caribou.  Woodland caribou and their habitat are threatened in Alberta 
and the Wildlife Act lists them as an endangered species.  Alberta 
Sustainable Resource Development acknowledges that sufficient quantities 
of habitat must be maintained in Alberta's caribou ranges to avoid 
"extirpation" of species. Moose will also be impacted over the long term 
through increased access and loss of habitat. ... Among other things, 
the Dene Tha' are concerned that the pipeline will give rise to and 
shape further petroleum development within this critical area.  These 
concerns are based on the fact that three anchor fields will supply 24 
million cubic meters a day of natural gas whereas the pipeline has been 
designed to transport about 34 million cubic meters a day. Further, 
mineral tenures have been granted in the project area and along the 
pipeline corridor.

... The companies have opted to split the review of the project, where 
the National Energy Board will assume regulatory authority for 
Imperial's NWT section of the pipeline and the Alberta Energy and 
Utilities Board will regulate TransCanada's Alberta portion of the 
project. In the past, the National Energy Board has been challenged over 
the hiving off of or segmenting of projects. The National Energy Board 
has a mandate to regulate projects that cross inter - provincial 
boundaries.

... The pipeline is expected to create 50 permanent jobs in the NWT 
following construction. No permanent jobs are expected to be created in 
Alberta. The proponents have entered into a precedent setting agreement 
with the Aboriginal Pipeline Group, where the First Nations of the north 
have a one - third equity position in the pipeline. TCPL has provided 
several million dollars to the Aboriginal Pipeline Group to support 
their participation. In addition, NWT First Nations have the ability to 
negotiate access and benefit agreements with proponents.

... The courts have held that the Crown cannot unjustifiably infringe 
the Treaty Rights and Aboriginal Rights and Titles of First Nations.  In 
the recent "Haida' case, the Supreme Court of Canada held that the Crown 
has a duty to meaningfully consult and accommodate the Treaty Rights and 
Aboriginal Rights and interests of First Nations.

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