Yellowknife (Nov 26/04) - A Supreme Court ruling handed down last week reinforces what Dehcho First Nations is seeking from the federal government in court, the organization's lawyer said.

The decision comes in a timely fashion as Deh Cho negotiators walked out of meetings with their federal counterparts in Ottawa last week, Grand Chief Herb Norwegian said.

Chris Reid, legal counsel for Dehcho First Nations (DFN), said three meetings have taken place with federal officials and no more have been scheduled.

"After our meetings with the federal negotiators, we've given instruction to the litigation lawyers to move things into higher gear," Reid said. "As far as we know this litigation is proceeding."

Ethel Blondin-Andrew, MP for the Western Arctic, said she cannot publicly discuss negotiations with the Deh Cho because she signed a non-disclosure agreement.

In a case filed by the Haida First Nation in B.C., Supreme Court Chief Justice Beverly McLachlin ruled that the B.C. government had not adequately consulted the Haida over a logging project.

McLachlin stated that the government is responsible for "meaningful consultation." However, that does not mean First Nations' opposition will always trump the government's ambitions, she noted.

'Meaningful consultation'

Reid said he wouldn't define the government's efforts with the Deh Cho as "meaningful consultation" for a Mackenzie Valley pipeline.

"They know their chances of winning these issues in court have been significantly reduced by these (Supreme Court) decisions," said Reid.

In a separate decision, the Supreme Court ruled that the Taku River Tinglit, also in B.C., had been adequately consulted in a mining dispute. However, Reid noted, the Tinglit had been permitted to appoint representatives to the environmental assessment panel and were involved in negotiating the terms of reference.

"That's precisely what the Deh Cho is asking for," he said.

He added that the rulings could also be interpreted to compel the government to negotiate treaties where there are outstanding claims.

"I think what it means is they can't just unilaterally walk away from negotiations and say, 'Because you're litigating we won't negotiate,'" Reid argued.

Norwegian said the decisions are applicable to the Deh Cho.

"The pipeline is one of the mega-projects for Canada and it's going right through our back door," he said. "The ruling basically says that First Nations have got to be accommodated."

A spokesperson with the Department of Indian Affairs and Northern Development (DIAND) in Yellowknife said the Haida decision was being analyzed, so nobody from DIAND would comment on it as of Tuesday.