Fort Smith (July 26/04) - The long legal journey of a proposed winter road in Wood Buffalo National Park has finally reached the Supreme Court of Canada.

On July 22, the court agreed to hear an appeal by Fort Chipewyan's Mikisew Cree First Nation that Ottawa's 2001 approval of the road violates its treaty rights.

It's the latest in a series of court hearings, injunctions and appeals over the last several years.

No date has been set for a hearing.

The Thebacha Road Society of Fort Smith proposed a 118-km route between Peace Point and Garden River. It has been touted for decades as a new way south for Fort Smith residents and a means to attract winter tourists.

"We may as well say good-bye to the road for the next couple of years," says Ken Hudson, the society's president.

Hudson says there is a good chance the road might never be built.

In fact, he says, Fort Smith will have to ask itself whether the project is still worthwhile, since it is only for a two-month winter road, not an all-season route.

Hudson notes he was once a strong supporter of the project. "But even I'm starting to question it."

The road society doesn't oppose the Mikisew Cree defending their treaty rights, he adds. "We side with the Mikisew on this issue."