Paul Bickford
Northern News Services

Fort Resolution (Nov 18/02) - A deal has been reached to end a legal battle triggered by a logging proposal for the Pine Point area.

The Akaitcho Territory Dene First Nations had challenged the land-use permit issued in January by DIAND Minister Robert Nault to Patterson Sawmill Ltd.

Claiming it had not been consulted and had not given its approval to the logging proposal, the Akaitcho had taken both the government and the company to court, arguing its treaty rights had been violated.

The Akaitcho has now withdrawn that court action.

That's because on Nov. 7 a so-called consent order of the Federal Court issued in Canada declared Nault's permit had "no force and effect" since the Mackenzie Valley Land and Water Board had decided not to grant the land-use permit.

The court order arose out of a case management conference on Nov. 1 between federal and Akaitcho lawyers and court officials.

Kept from going to trial

"The consent order was agreed to between the Department of Justice lawyers and our lawyers to prevent the case from going to trial," explained Chief Robert Sayine of the Deninu Kue First Nation in Fort Resolution in a news release.

A hearing was to have been held Nov. 14.

The Akaitcho is hailing the deal as a victory, and a significant recognition by the federal government of rights under Treaty 8.

Paul Boucher, a community negotiator with Deninu Kue First Nation, called the decision precedent-setting.

Boucher said the Akaitcho is not against development, but wants to see proper consultation and information and involvement by First Nations.

Business and industry have to recognize there is a treaty, he added. "And that has to be respected."

The owner of Patterson Sawmill Ltd. said he is disappointed by the outcome of the court proceedings.

"Obviously, the federal government caved in, as far as I can see," said Eugene Patterson. "I guess the federal government plans to reduce transfer payments to the Northwest Territories by reducing the number of people who live and work here."

His sawmill, 11 kilometres south of Hay River, has not operated in two years.

Patterson said the approval process is "fundamentally flawed" and a "bureaucratic nightmare" in the NWT, noting that such applications are dealt with by one regulatory body in the provinces.

"Up here, you have to fight everybody about it."

Patterson, who said he had no input into the final court decision, claimed his sawmill is the victim in the whole affair.

"It cost us about $2 million in revenue."

He said nothing has been solved as he or someone else can still apply for a land-use permit.

Patterson has contacted his lawyer and is researching a possible lawsuit.

"Right now, what they've done is extinguish the sawmill business," he said.