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Vol. 10, No. 51 Week of December 18, 2005
Providing coverage of Alaska and northern Canada's oil and gas industry

New aboriginal obstacle

Northern Alberta first nation gains federal court hearing of Mackenzie lawsuit

Gary Park

Petroleum News Canadian Contributing Writer

A small aboriginal first nation in northern Alberta has suddenly gained attention for its concerns over the Mackenzie Gas Project.

The Dene Tha’, with a registered population of 2,413, has persuaded the Federal Court of Canada to hear its lawsuit filed against the federal government in connection with the C$7.5 billion project.

The first nation argues it has been shut out of the pipeline and wants the regulatory review of the pipeline halted until it gains a role in the process.

The court has set a two-day hearing for Feb. 20 and 21 to deal with the preliminary issues, the Dene Tha’ said in a news release Dec. 9.

About 60 miles of the 750-mile pipeline would cross Dene Tha’s land before connecting with existing pipeline networks.

The Dene Tha’s received C$400,000 in federal funding last January to investigate economic development opportunities and ensure that the community was made aware of any potential economic spinoffs.

Ethel Blondin-Andrew, Minister of State for Northern Development, said at the time that the Dene Tha’ would be able to “identify risks and opportunities and build internal capacity and strategic partnerships with the appropriate players” in the project.

Indian Affairs and Northern Development Minister Andy Scott pledged that the government would “very seriously” support the “political, social and sustainable development goals” of northerners, allowing them to capitalize on the opportunities.

In May, the Dene Tha’s filed a lawsuit to halt the regulatory hearings, claiming they had not been properly informed about the process.

The community said the Canadian government had failed to ensure that aboriginal concerns were taken into account over industrial development that could have a negative impact on wildlife and natural habitat.

Deh Cho demand property taxes

Meanwhile, the hold-out Deh Cho First Nations got a blunt message from Imperial Oil Chief Executive Officer Tim Hearn Dec. 6 that they should not expect a better deal than other aboriginal regions along the planned Mackenzie Valley gas pipeline route.

He said the Deh Cho has a “pretty good model for what is realistic and available” from the land access and benefits agreements reached with the Inuvialuit, Gwich’in and two Sahtu communities.

At a session for analysts and reporters, Hearn said the work accomplished so far should encourage the Deh Cho “to see what is possible.”

But the Deh Cho continue to cling to a demand for property taxes from the pipeline — a prospect that has been rejected by the Mackenzie consortium and Deputy Prime Minister Anne McLellan.

Hearn urged the Deh Cho to deal separately with the pipeline and their attempts to negotiate a self-government and land claim agreement with the Canadian government and not attempt to use the pipeline for political leverage.

However, he said discussions have not broken off with the Deh Cho.

He hopes the agreements in principle reached with the other aboriginal regions will result in ratified deals by year’s end.



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