Dave Sullivan
Northern News Services

Fort Smith (Oct 22/01) - At least one court battle remains for an organization wanting to build a winter road through Wood Buffalo National Park.

An Oct. 16 decision by Federal Court trial division Judge Frederick Gibson, of Ottawa, against the Canadian Parks and Wilderness Society (CPAWS) should pave the way for another court win, says Tthebacha Road Society staffer Richard Power.

In their next court meeting, road advocates will square off against Fort Chipewyan's Mikisew First Nation.

That case is scheduled to be heard in the Federal Court trial division in Calgary Oct. 26. Power believes courts won't want to repeat themselves, therefore the Mikisew case judge should accept evidence presented in the CPAWS case. He says that's a sign the verdict should be the same.

"We feel confident we'll win that one as well," Power said.

CPAWS argued in the Oct. 16 case that federal Heritage Minister Sheila Copps, who was named in the court action, has a responsibility to protect national parks under a strengthened National Parks Act.

"The first priority under the act is protecting their ecological integrity," said Sam Gunsch of CPAWS.

The Mikisew are expected to argue work on the 121-kilometre road should not proceed, on the basis of federal responsibilities toward First Nations.

The Sierra Legal Defense Fund covered legal fees for CPAWS, which had applied for a court review to permanently decide on an injunction. A temporary injunction issued on behalf of the Mikisew in August is keeping the road from being built.

Power wants to start building when the ground freezes. He hopes the Mikisew case will be decided by then in the society's favour.

A road would be used only in winter, and heavy trucks would be kept off it, Power said. It would directly link Fort Smith to Northern Alberta. Both CPAWS and the road society claim public support is on their side. CPAWS will decide within the next month if it will appeal the Oct. 16 decision.

The Thebacha Road Society is financed by the federal and territorial governments, in addition to private donations.