Lynn Lau
Northern News Services

Fort Chipewyan, Ab (July 23/01) - Two groups are appealing to the courts to stop the reopening of an abandoned winter road through Wood Buffalo National Park.

The Mikisew Cree First Nation, and the Canadian Parks and Wilderness Society

(CPAWS) have separately filed for a judicial review to question the legality of Parks Canada's approval of the road.

The permit was granted in May and construction on the road is to begin in September. The 118-kilometre winter road link an existing all-weather road from Fort Smith to Highway 58 in Alberta at the park's southwestern border.

The original road was built in 1958 and was used for two years before being abandoned. Poplar trees have since grown in on much of the cleared area, leaving a narrow path still used by snowmobiles and wildlife.

The winter road goes through traditional lands claimed by the Mikisew Cree, and it skirts their Peace Point reserve in the park's core.

The band has several concerns about the opening of the winter road, including environmental effects, said Chief George Poitras.

He says his band was left out of the consultation despite having significant interest in the area. Ten Mikisew trappers operate in the area and at least three of them would have their traplines split by the road.

The band's lawyer, Jeff Rath, says the permits for the road should be rescinded. "It's so obvious that these permits were wrongly granted that it shouldn't take the court long to dispose of the issue," Rath said.

Both the Mikisew Cree and CPAWS will both argue that Parks Canada is ignoring its own mandate to consider ecological integrity first in any park development.

"We shouldn't be building roads in national parks for non-park purposes," says Sam Gunsch, executive director of CPAW's Edmonton chapter. "Parks Canada and the minister can't ignore their own laws."

CPAWS is also arguing that the Thebacha Road Society -- a group of Fort Smith area residents who support the road -- is attempting to use the winter road as a stepping stone to achieving an all-weather road.

"They don't want the real project assessed (in an environmental assessment), so first they do a lesser amount of damage with the winter road," Gunsch said. "Then it's easier to get the second stage done because you've already done some damage, so they say, oh what's a little bit more?"

In mid-August, CPAWS will file a request for an injunction to halt construction on the road until a judicial review is complete.

Richard Power, project coordinator with the Thebacha Road Society, declined comment last week saying he had not yet received official notice of court action.