Fort Simpson (Mar 25/05) - The Dehcho First Nations (DFN) has won the opening round in its legal battle to block an environmental assessment of the proposed Mackenzie Valley pipeline.

A Federal Court Judge ordered the Government of Canada to hand over a series of documents last week concerning the Joint Review Panel -- a body that will examine the social and environmental affects of the $7 billion project.

The DFN launched two lawsuits in September 2004 seeking more representation on the seven-member oversight committee after the region's lone seat on the panel was filled without input from the First Nation.

"We are soon going to see the truth about why were kept out of this environmental assessment," said Grand Chief Herb Norwegian in a press release. The DFN claims the review process is illegal because, despite the fact nearly 40 per cent of the pipeline will pass through Deh Cho territory, it did not have the right to appoint members to the panel.

Last week's court ruling compels the federal government and Minister of Indian Affairs and North Development Andy Scott to hand over a plethora of documents surrounding the creation of the Joint Review Panel.

There is no timetable for the hand-over of the documents, Chris Reid, chief negotiator for the DFN.

He believes the aboriginal group was only offered one seat on the review panel because -- unlike the government and the other parties involved - the DFN was not a "cheerleader" for the pipeline project.

"The DFN is the one group that wants an efficient and objective environmental assessment... before making a decision," Reid said.

Led to friction

The court battle has led to friction between the region and other aboriginal groups with an interest in the pipeline.

In October, the Sahtu Dene Council criticized the Deh Cho for jeopardizing the project saying.

"The legal actions by the DFN... deliberately undermine the rights of claimant groups and future economic well being," reported the council

The latest round of legal wrangling also appears to signal a widening rift between the Deh Cho and Ottawa. In December, Norwegian said he was optimistic a deal could be reached without pursuing the lawsuit in court.

While Reid said an agreement with the federal government prevented him from commenting on the status of negotiations, he added "read what you will into the fact we are aggressively pursuing the litigation."

A media release from the DFN last week also cast doubt on the ability to reach a negotiated settlement with Ottawa.

"We would rather litigate than negotiate," it read. "At this time, however, we have no choice but to continue with out lawsuits, which we are confident of winning."