Fort Simpson (Mar 10/06) - There will be a court fight over a closed-door federal government decision to remove a clause from an environmental assessment.

Herb Norwegian: Deh Cho communities were cut out of the process.

In January, a measure requiring Imperial Oil to show progress on access and benefits agreements with Dehcho communities was deleted by the Mackenzie Valley Environmental Impact Review Board.

The Deh Cho First Nations filed a court challenge over the decision.

The review board used a "consult-to-modify" process that unfairly and illegally excluded the Dehcho communities, said Grand Chief Herb Norwegian.

The assessment was on Imperial's proposed winter geotechnical program for the Mackenzie Gas Project in the Dehcho territories.

The February 2005 report included 15 recommendations. Measure 10 stated that evidence of progress on access and benefits agreements between the Dehcho communities and Imperial had to be seen before Imperial could obtain licences and permits from the Mackenzie Valley Land and Water Board.

The decision to remove measure 10 came at the request of the Department of Indian and Northern Affairs Canada.

Norwegian said this process was unfair because the Dehcho communities weren't given an opportunity to respond to the information from Indian Affairs.

The legal action is a reminder that this type of work has to be done properly and not behind closed doors, said Norwegian.

"It's a continuous babysitting exercise. You have to watch your back all the time and you constantly have to keep an eye on government and the proponents to make sure everything is being done right," he said.

"The Dehcho communities had been cut out of the process and we had no recourse," said Norwegian.

Norwegian emphasized that this is only the beginning of pipeline preparation and processes need to be dealt with before the project begins.

According to MVEIRB executive director Vern Christensen, the consult-to-modify process is not uncommon. The process, in which the federal minister can consult with the review board over modifications is allowed under the Act that governs the board.

"We are pretty much governed by the legislation," said Christensen.

Representatives for Indian and Northern Affairs Canada were unable to comment publicly because the issue is now in legal action.

The Dehcho First Nations are asking the Supreme Court of the Northwest Territories to quash the decision to remove measure 10.