Derek Neary
Northern News Services

Fort Simpson (Jan 18/02) - First Nations in the Deh Cho say they have been excluded from a regulatory streamlining process for a Mackenzie Valley pipeline, so they are examining legal avenues as recourse.

Chiefs and elders at a leadership assembly in Fort Simpson last week passed a motion to obtain legal opinions from three lawyers to determine whether they have a valid case to take the federal government to court.

"This will send a strong message to the government that we are serious," said Rita Cli, chief of the Liidlii Kue First Nation in Fort Simpson. "Gone are the days when DIAND (Department of Indian Affairs and Northern Development) makes decisions for us ... we'll see them in court if we have to."

Deh Cho First Nations (DCFN) chief negotiator Chris Reid, who is a lawyer, said he feels the government breached its fiduciary obligations by not including the Deh Cho in the streamlining process, which began behind closed doors in November 2000.

The GNWT, DIAND, national regulatory boards and regulatory board representatives from land claimant groups were all at the table, but the Deh Cho, still in the early stages of self-government negotiations, were never invited, said Reid.

Lorne Tricoteux, associate regional director general for DIAND, argues that the Deh Cho First Nations weren't initially eligible to take part in the streamlining process because they didn't have a regulatory board. Tricoteux said provisions in the Deh Cho's Interim Measures Agreement, signed last May, allow the Deh Cho to participate on the regulatory boards, including establishing a panel to deal with land and water issues within the Deh Cho. However, Deh Cho aboriginal leaders have still decided not to participate, he noted.

Reid said any federal government notion that the Mackenzie Valley Land and Water Board has represented the Deh Cho's interests to date is erroneous.

"Our response to that is if that's all you've got, then I like our chances in court, frankly," said Reid.

DCFN Grand Chief Michael Nadli, speaking to delegates in Slavey, said, "The federal government, if we use our treaty, they should be looking after us ... (but the streamlining process) was (done) behind our back. They're not aware what our concerns are. They're working against us."

Reid said the Deh Cho wants a joint environmental assessment panel with an equal number of First Nations and federal government appointees. He said the Deh Cho and Canada together would set out the terms of reference for an environmental assessment on Deh Cho lands, which accounts for 40 per cent of the proposed pipeline's route.