Manitoba Wildlands  
Second Legal Action Against Mackenzie Pipeline 30 June 05

SCC and Dene Tha' logosIn May 2005, the Dene Tha' First Nation of northwestern Alberta filed a judicial review application in the Federal Court of Canada against the federal government for failing to consult with Dene Tha' about the proposed Mackenzie Gas Project.

Dene Tha' alleges that the proposed mega project will cause adverse environmental effects and will infringe its Treaty and Aboriginal Rights and Titles in the Northwest Territories (NWT) and Alberta.

The $7 billion dollar, 1220 km Mackenzie Gas Project will ship gas through the Mackenzie Valley and into Dene Tha' traditional territory in the southern portion of the NWT and northwest Alberta. The 2500 member Dene Tha' First Nation continues to rely heavily on their territory for cultural and livelihood purposes.. The community fears the pipeline will spur petroleum development in an environmentally significant area home to moose and other wildlife species relied upon by the Dene Tha'. Endangered woodland caribou - a species known to react adversely to oil and gas development, also rely on this region for habitat.

A key issue for the Dene Tha' is how project review is being "split". The National Energy Board is reviewing and regulating the NWT portion of the pipeline. However, the southern portion of the line in Alberta, proposed by TransCanada, would be regulated by the Alberta Energy and Utilities Board, a more industry-friendly regulator than the NEB.

Sierra Club of Canada (SCC) issued a press release in support of the Dene Tha's arguments that federal ministers have a duty to consult with the Dene Tha' and accommodate their treaty and aboriginal rights. The SCC also emphasized that the law suit filed by the Dene Tha' demonstrates that the project-splitting tactics of Imperial Oil and TransCanada are not working.

The Deh Cho, who live in the southwestern corner of the N.W.T., have also filed lawsuits to block hearings until they get a stronger voice on the federal environmental panel that will hear the pipeline application.

View the May 17, 2005 Dene Tha' press release
View the May 17, 2005 Sierra Club of Canada news release
View the May 17, 2005 Resource Investor article
View previous Manitoba Wildlands news items on the Mackenzie project:
May 27, 2005 - Aboriginals Stand Up to Oil Giants
January 18, 2005 - Mackenzie Valley Developers "Disdain" Environmental Review
October 26, 2004 - Deh Cho Seeks Pipeline Injunction

Sources: Dene Tha' First Nation, Sierra Club of Canada, Resource Investor


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