Andrew Raven
Northern News Services

Northern News Services Vancouver, B.C. (Sep 02/05) - The legal battle over a zinc mine located on the outskirts of the Nahanni National Park began Tuesday, as lawyers for the Dehcho First Nations challenged the controversial project in Federal Court.

Grand Chief Herb Norwegian called the Prairie Creek facility "a ticking time bomb" and said the first nation would fight mine owners Canadian Zinc. The two sides have been involved in other legal skirmishes over Prairie Creek, 14 kilometres upstream from the park boundaries.

"There is no room for mines in a pristine environment like the Nahanni National Park," said Norwegian.

Lawyers for the environmental advocacy group the Sierra Legal Defence Fund are representing the DFN, Nahanni Butte Dene Band and Pehdzeh Ki First Nation in Wrigley. They hope to overturn a water licence issued to the mine.

The groups are worried that severe storms and landslides could cause chemicals to seep from the tailings pond into Prairie Creek, which flows into the Nahanni watershed.

"We have seen mud slides before in that area," said Norwegian. "Something like that could easily happen."

Canadian Zinc president John Kearney, disputed those claims and said the company will take all the precautions necessary to prevent spills into the Nahanni watershed.

"Mining companies today have a stronger sense of corporate responsibility," he said. "There is no reason why a properly managed mine cannot be compatible with a national park."

Kearney said he was "frustrated" by the environmental delays surrounding the multi-million dollar mine-site, which was originally built in the early 1980s but never came into production.

"The mine could be ready to go within six months... if we received the go-ahead," he said.

Kearney and other Canadian Zinc executives travelled to Fort Simpson last weekend for a golf tournament sponsored by the company. They touted the benefits of the Prairie Creek which they said would employ about 200 people and pump tens of millions of dollars into the Deh Cho economy annually.

"This is an excellent opportunity for business in the region," he said.

Norwegian said that does little to allay the fears of First Nations people who live and hunt in the region.

"There are people living downstream who are concerned about the environmental impacts. Meanwhile the company is upstream worrying about its corporate image," he said.

The Federal Court hearing took place in Vancouver Tuesday and Wednesday, though lawyers do not expect a decision until the end of the year.

This is the second time within the last year Canadian Zinc has been in court over the Prairie Creek property. The company won NWT Supreme Court battle against the Dehcho First Nations and the Canadian Parks and Wilderness Society - among others - over a winter road into the mine-site.

With the company still awaiting environmental approval for water and drilling licenses, Kearney said it could be 18 to 24 months before Prairie Creek is operational.