Band moves to stop search for minerals
Derek Neary
Northern News Services
Fort Simpson (Nov 03/00) - Maureen Bernier wants to drill for minerals on Liidlii Kue First Nation traditional lands.
The LKFN is trying to stop Bernier, an Ottawa resident.
It has hired band member Jonas Antoine to document traditional activities on specific land-use areas. He's been interviewing band members to ascertain where their trap-lines and cabins exist and where sensitive animal habitat areas are located.
The Department of Indian and Northern Affairs had been ready to approve Bernier's land-use permit - she wants to drill 12 four-centimetre holes -- because it was considered to be low-risk to the environment, said Floyd Adlem, director of operations for DIAND.
The LKFN took the matter to court in April. A federal court justice in Vancouver wanted the matter concluded by Oct. 22. The LKFN has asked for a one-month extension to collect more data.
Adlem said the federal court justice's decision indicated that DIAND's consultation with the band had been appropriate and sufficient. But Bernier referred the land-use application back to the land-use administrator for reconsideration, he added.
Jeff Rath, legal counsel for the LKFN, said the First Nation's information gathering process should bring about further recommendations for DIAND to consider before issuing the permit. But Rath believes DIAND has already made up its mind.
"We have no doubt whatsoever that the government is going to issue the permit given the way the decision-makers behaved with regard to this thing from the outset," said Rath.
LKFN chief Rita Cli said she and her membership, particularly the harvesters and trappers, would like to meet Bernier in person.
"If they'd turn around and say, 'We're going to go on your traditional land. Come out with us and this is what we're going to do,' you hear it right from the horse's mouth," said Cli. "That's what needs to happen."
Opposed to process
Antoine, a former band councillor, is upset by the manner in which the permit was sought.
"This sounds to me like what some call 'nuisance staking.' They see an opportunity to make money," he said.
"But it's going to disturb the land, it's going to disturb the wildlife area."
Antoine said the LKFN is not opposed to development, but business must be done in a spirit of co-operation.
"All they have to do is listen to us, talk to us here. By golly, if they had done in the beginning we'd be in business right now," he said.
He added that environmental integrity is the band's top priority. In his consultation with band members the past week, he has discovered previously uncharted moose habitats and calving areas, he said.
"This is our biggest concern, whatever is done has to be done right. By doing it right you have to please all the land-users in the area," he said.
Even though the government is following the Canadian Mining Regulations, the supreme law of the land is still the Canadian Constitution, said Antoine.
