Derek Neary
Northern News Services

Fort Simpson (Oct 26/01) - Whether the Deh Cho can delay a Mackenzie Valley pipeline could be decided in court.

Robert Nault, minister of Indian Affairs and Northern Development, has said the Deh Cho cannot hold up the pipeline if other NWT regions support it. Deh Cho First Nations Grand Chief Michael Nadli disagrees.

"The minister, with due respect, has to remember that if the Deh Cho doesn't have a veto and if this does go to court then it's the judges that will decide the fate of the pipeline," he said.

He would not speculate on the possible outcome of a court decision.

The Deh Cho has demanded to settle pipeline terms and conditions directly with the federal government and to be an equal partner in any environmental assessment. Nadli said he's optimistic the details will be sorted out at the negotiations table.

Although Nault said the pipeline will run through what is now considered to be Crown land, Nadli said there's uncertainty over ownership and jurisdiction.

"It's the very heart of the issue here with the Deh Cho Process," Nadli said. "On the federal side, their contention is that this is all Crown land. We're saying this is all Deh Cho homeland. That's the reason we're negotiating."

Federal negotiator Robin Aitken and Nault's press secretary, Alastair Mullin, have suggested the federal government could play the role of facilitator, helping to resolve issues between the Deh Cho and industry. Nadli said that's not good enough.

"The federal government has fiduciary obligations. It can't slough off responsibility to industry," he said.

"I'm glad that Minister Nault is embracing the pipeline and believes that it's a major project that could benefit the whole North, if not Canada," he said. "The feds clearly know what is on the table. So now we need to roll up our sleeves and sit down and discuss those things we've asked for in terms of conditions."

As for the GNWT, Nadli said it is nothing more than a "cheerleader on the side.

"The constant, critical attacks that (Premier Stephen Kakfwi) is making on the Deh Cho is just ruining their credibility," he said. "This really is a matter between the Deh Cho First Nations and the federal government."