Scott Crabbe
Northern News Services

Yellowknife (Jan 28/00) - While he's reserved judgement until the end of February, Judge Michel Bourassa expressed some sympathy for the Dene charged with destroying fish habitat in Back Bay.

The Department of Fisheries and Oceans (DFO) charged the Yellowknives Dene First Nation and the Deton'cho Corp. last October after they used gravel to build up a small portion of shoreline across from Giant mine.

The department claims the deposit of "deleterious substance" into an area known as a fish habitat is in direct violation of the Fisheries Act.

Thursday, on day three of the trial, Bourassa noted how frustrating this action must be on the community, in light of the massive cleanup ahead at Giant mine.

"You have to admit it must have been frustrating for some people to sit back and watch Giant mine discharge goop into Baker Creek and have it run off into Back Bay with nothing being done. Then one small incident occurs and it comes before the court," Bourassa said.

The Arctic habitat co-ordinator for DFO, Julie Dahl, testified that runoff from the harmful material can upset fish eggs, disrupt plant life and insects used for feeding. It can also clog gills and settle in the stomachs of fish that inhabit the area.

Photographs taken and submitted as evidence from a DFO inspection illustrate that fish inhabit the area. Dahl confirmed a photo of a Northern pike was taken while it swam in waters close by the shoreline that was disturbed.

Murial Betsina, a long-time resident of Ndilo took the stand claiming that although there may be fish in Back Bay, they don't inhabit the areas affected.

"Fish roam, they go all over," Betsina said.

"When I go down to the waters I never see any fish."

If convicted, the band and its corporation could face a maximum penalty of $300,000 and imprisonment up to six months.

Bourassa will make his ruling on Feb. 29.