TLICHO - The Tlicho government has turned to the NWT Supreme Court to fight the continuation of an environmental review that's set to decide the fate of a $250-million mine near Whati.

After consultation with community chiefs, the Tlicho government filed a motion last week asking the Supreme Court to overturn the Mackenzie Valley Environmental Impact Review Board's decision allowing the environmental review of Fortune Minerals' proposed NICO gold-cobalt-bismuth mine.

The Tlicho had challenged the board in May, objecting to the review because the mining company has not made any agreements to build access roads or an industrial highway from the mine site, even though these would be necessary should the project become a reality.

Because Fortune Minerals hasn't asked permission to build these roads and the Tlicho government won't be in a position to grant approval until its Land Use Plan is finished - expected within the next year - the government alleges that the company's application is incomplete and that it's still too early to conduct an environmental review.

The board disagreed, delivering a written response to the Tlicho in late August to deny their request to halt the process.

Tlicho executive officer John B. Zoe said the government now has no choice but to go to the Supreme Court. The legal proceedings won't get underway until late this fall and the court's decision is not expected until the new year, but Zoe said Tlicho officials remain optimistic that the court will rule in their favour.

"There hasn't been any opposition to the mine itself," he said. "What we're talking about is to have respect for the jurisdiction of the Tlicho government and the lands that it owns and the impact on the land and the people in that area that have never been exposed to these sorts of things."

Zoe said the need for the mine to have an access road has raised questions in Whati about the feasibility of constructing the company's informally planned all-weather road to the community and the social impacts it might have on residents, in addition to environmental concerns.

The president and CEO of Fortune Minerals, Robin Goad, told News/North last month the company agreed with the Mackenzie Valley Environmental Impact Review Board's decision to go ahead with the mine's application.

The NICO mine was expected to begin operating in 2013.

- with files from Guy Quenneville

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