Inuvik (Sep 10/04) - Despite a 1 Cho lawsuit, Imperial Oil still plans to apply to the National Energy Board for a pipeline along the Mackenzie Valley.

"Until somebody tells us to do otherwise, we'll carry on," said Hart Searle, external relations manager at Imperial Oil.

On Sept. 2, the Dehcho First Nations filed a lawsuit in the NWT Supreme Court stating that "the regulatory regime... creates a feeling of inferiority, hurt and loss of pride, self-worth and self-respect in the DFN people who have made land and water use decisions over DFN territory since time immemorial."

The lawsuit was sparked when the Deh Cho's demands that it get to appoint two members of the seven-seat Joint Review Panel, which will evaluate the pipeline project's application, were refused.

Defendants named in the suit are Indian and Northern Affairs Canada, the Mackenzie Valley Environmental Impact Review Board and it's chair, Todd Burlingame.

Roland Semjanovs, communications officer with the MVEIRB, said the board was working within existing legislation that currently prohibits direct Deh Cho appointments.

It was able to select three of the seven seats while the Minister of Environment appointed the other four, two of which were nominated by the Inuvialuit Game Council.

"If the Deh Cho's legal challenge proceeds, then, once we have a good look at the material and the arguments, we'll decide what to do with it," said Semjanovs.

Dene support

On the other side, Deh Cho Grand Chief Herb Norwegian was adamant in his position.

"We've got full support from the Dene National Assembly," he said. "There will be no pipeline across the Deh Cho territory without Deh Cho consent. That's the bottom line."

While Searle admits the lawsuit had the potential to impact the project, work to complete the application would continue.

"We can't speculate on the outcome of the legal process. Obviously we are monitoring (the lawsuit) closely, but the issue is between the Deh Cho and the federal government," he said. "Right now, we are working on things we can control."

Citing a month delay in the Terms of Reference for the pipeline project and the magnitude of relevant documentation for the application, Searle said the proposal will be filed as soon as it can.

When asked if an alternate route had been considered for the pipeline, bypassing Deh Cho territory, Searle said he wasn't sure that was feasible.

"Taking a different geographic route hasn't been looked at," he said.

"We are hopeful the matter can be resolved and the process will continue."

-- with files from Derek Neary