Legal logjam eased over logging road
Department of Lands aims for out-of-court settlement in dispute over cleared trail
John McFadden
Northern News Services
Monday, April 10, 2017
TTHENAAGO/NAHANNI BUTTE
A contentious dispute over a logging road near Nahanni Butte is stepping outside of court after the territorial government decided not proceed - at least for the time being.
A hearing in front of NWT Supreme Court judge Shannon Smallwood in Yellowknife was adjourned April 7.
According to court documents, the territorial government's Department of Lands was seeking a court order to halt the Nahanni Butte Dene Band from clearing an old logging road without a land use permit.
The GNWT, represented by government lawyer Christopher Buchanan, claimed that by clearing trees and brush from the road, the band was trespassing on territorial land. The government filed the injunction March 28.
The department claims Nahanni Butte is trying to manoeuver an end-run around the environmental protection process in order to speed up development of Prairie Creek Mine. A proposed all-season road to the mine is currently before the Mackenzie Valley Review Board. The sole proponent for that road is Canadian Zinc Corporation.
Although the road does not overlap with the proposed all-season road, the claim notes it follows "the same general path." Court documents show the road in question runs parallel to the Liard River and is 5.5 kilometres in length.
The band, led by Chief Peter Marcellais, states the road is being cleared to access firewood for community elders. The band stated the lack of firewood was threatening life and property so no land use permit was needed.
In its statement of claim, the Department of Lands denies there was an emergency.
"Even if the lack of firewood is an emergency, the commissioner contends there are other less destructive means to obtain firewood for the elders," the claim states.
The department claims Nahanni Butte is trying to speed up development of Prairie Creek Zinc Mine by getting around an environmental assessment process required for construction of a road to the mine.
Nonetheless, the GNWT withdrew the case last week after the band retained a lawyer, saying it would like to try and resolve the issue outside of court.
"At this point we're just working to get a resolution to this matter," said Buchanan.
Garth Wallbridge, the band's lawyer, was quick to point out, however, that even though the hearing was adjourned, the case could still end up back in court.
"The chief found it insulting, disrespectful and heavy-handed the way another level of government came in and treated the Nahanni Butte Dene Band," Wallbridge said.
"My client has a valid position on every aspect of this ... Let's figure out what the law is that supports my client's position."
Wallbridge said he has had preliminary discussions with the government on how the issue can be resolved outside court. No date for future negotiations has been set, he said.
Buchanan said he is optimistic an out-of-court resolution can be reached, adding there was no political pressure to adjourn the court hearing.
"What this is about is the government making sure that everybody is following the law," Buchanan said.
He said he was not a liberty to discuss with News/North the specifics of the negotiations between the band and the GNWT.
