Having extracted offers of financial concessions from the Canadian government and made headway in reaching agreements with aboriginal regions, the Mackenzie Gas Project is once more facing the intransigence of the Deh Cho First Nations.
Representing 13 communities and about 4,500 residents, the Deh Cho, whose lands cover about 44 percent of the proposed Mackenzie Valley pipeline route, are again digging in as regulators move towards a mid-January start of parallel public hearings on the major project applications and environmental issues.
Since mid-November, the Gwich’in and three Sahtu communities have reached broad-strokes land access and benefits agreements with Imperial Oil and the Inuvialuit have tentatively scheduled a ratification vote for early 2006.
But the Deh Cho, who have launched, then stalled legal action over the last two years, are again warning that they are prepared to take legal measures to halt the project.
Deh Cho Grand Chief Herb Norwegian said in a Nov. 23 statement that his communities will “not allow Imperial Oil, the National Energy Board or Canada to trample Deh Cho rights simply for the sake of quickly building this pipeline.”
He said the Deh Cho will weigh all of their options in responding to Imperial’s “aggressive action.”
The statement said Imperial has been repeatedly warned that forcing the Deh Cho into public hearings before project agreements are signed “would be a significant mistake. The Deh Cho First Nations now have no choice but to aggressively defend the rights and interests of the Deh Cho people.”
Imperial and the Canadian government were accused of ignoring, if not denying the constitutionally protected aboriginal and treaty rights of the Deh Cho.
Norwegian admitted feeling singled out as “obstructionist,” but insisted his people will not cave in to pressure from governments, industry or other aboriginal regions.
Deh Cho shares could be split up
Roy Dahl, a spokesman for the Aboriginal Pipeline Group, which hopes to gain a 30 percent equity stake in the Mackenzie pipeline, said the group won’t wait much past mid-2006 for the Deh Cho to become a full partner in the group.
For now, he said there is a growing mood of frustration among the Inuvialuit and Gwich’in over the stalling.
If the Deh Cho pass up the chance, their shares will be distributed among the existing partners, Dahl said.
Other than going to court, Norwegian said the Deh Cho could resort to the political lobbying that resulted in a 1977 moratorium on the first bid to construct a pipeline.
He said the Mackenzie partners “still need our consent to cross our territory.” Without that “they’re in for a big battle,” he said.
Imperial has indicated it is ready to pay for access to Deh Cho lands on the same terms that apply in southern Canada.
But it has not said whether it will proceed to public hearings without reaching final agreements with all aboriginal regions.
The Canadian government has rejected Deh Cho claims to collect property taxes from the pipeline and some sources have said Ottawa is even prepared to expropriate Deh Cho lands, which are still the subject of a land claim.
Although that would be the most extreme measure, Deputy Prime Minister Anne McLellan left no doubt in her Nov. 17 letter to Imperial laying out fiscal and royalty options about the government’s resolve to open up Arctic gas.
She said Ottawa is committed to “do whatever is in the public interest with regard to this important project.”
NWT: Deh Cho behind in negotiations
Northwest Territories Energy Minister Brendan Bell told reporters it was unfortunate that the Deh Cho did not enter negotiations until this summer, putting the community far behind peer groups.
“They are behind in terms of where the other groups are but I think they can come up to speed,” he said. “I’m certainly not hearing anybody (in the Deh Cho group) say they are against development. It’s just about adequate terms.”
Northwest Territories Premier Joe Handley told the Edmonton Journal the move towards hearings is “historic as an opportunity to show the rest of Canada that sustainable development can happen with aboriginal partners.”
“People here have said to the rest of the world we’re ready to take on this new economy.”
