Mackenzie hearings can resume

There has been a slight break in the regulatory logjam facing the Mackenzie Gas Project with a Canadian federal court judge ruling that social and environmental hearings he stopped in November can resume.

Justice Michael Phelan said Jan. 31 that the sessions, which he halted in November until issues raised by the Dene Tha’ First Nation were resolved, can go ahead as previously planned.

That will allow the panel to finish its work earlier, although it will still be forced to wait for Dene Tha’ concerns to be dealt with. A meeting on those matters is currently scheduled for May.

Dene Tha’ lawyer Robert Freedman said his clients decided to let the JRP finish its hearings, “but they’re still stopped from making their final report” to the National Energy Board.

Phelan’s original ruling said the Canadian government failed to properly consult with the Dene Tha’ about the routing of the proposed Mackenzie Valley pipeline across their land in northern Alberta to connect with existing pipeline networks in Alberta.

The Dene Tha’ argued that omitting the connecting facility from the main hearings prevented them from participating in the process, unlike other aboriginal communities which have representation on the panel.

In response to Phelan’s November ruling, the JRP decided not to consider any evidence on matters relating to the connecting facilities or the territory over which the Dene Tha’ have claimed aboriginal or treaty rights.

The Dene Tha’ represent about 2,500 residents on seven reservations in northwestern Alberta, northwestern British Columbia and the southern Northwest Territories.

—Gary Park