Yellowknife (Mar 13/06) - A lawsuit over an environmental assessment doesn't break a 2005 agreement not to sue over the Mackenzie Gas Project, says Grand Chief Herb Norwegian.

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 Dehcho First Nations filed a court challenge over the action. The agreement barred the Dehcho from taking any legal action for seven years that would "unreasonably delay" the pipeline.

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

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

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.

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 is allowed under the Act that governs the board.

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