Hearings into Mackenzie Valley pipeline can resume, judge rules
Last Updated: Wednesday, January 31, 2007 | 11:22 PM CT
The Canadian Press
A federal judge says social and environmental hearings into the proposed Mackenzie Valley pipeline can resume, even though not all of the Dene Tha' First Nation's concerns have been addressed.
Federal Court Justice Michael Phelan has lifted a stay he issued last November on all sessions of joint review panel hearings that dealt with issues affecting the Dene Tha' First Nation.
That means the sessions can go ahead as previously planned, which will help the hearings finish earlier. But the panel still won't be able to issue its final report to the National Energy Board until the Dene Tha' concerns are dealt with.
"We've agreed to let them finish their hearings but they're still stopped from making their final report," said Dene Tha' lawyer Robert Freedman.
The proposed $7-billion natural gas pipeline would run 1,220 kilometres from Inuvik through the Northwest Territories to the Alberta border, where it would connect with existing pipelines.
Dene Tha' concerns on table in May
Freedman said a meeting to discuss how to address the Dene Tha' concerns is to be held in May after the panel is scheduled to wrap up.
Phelan's original ruling out of Federal Court in Vancouver said Ottawa failed to consult with the Dene Tha.'
A regulatory process that brought federal energy and environment officials together with aboriginal groups along the route was set up in 2002.
But the Dene Tha,' who number about 2,500 members on seven reserves in northwestern Alberta, northeastern British Columbia and the southern end of the Northwest Territories, were excluded from those discussions.
That's because the final leg of the pipeline and the infrastructure connecting it to existing networks would be in northern Alberta, falling under that province's jurisdiction.
The Dene Tha' argue that omitting the connecting facility from the main hearings robs them of any input. While all other aboriginal groups have some kind of representation on the panel, the Dene Tha' are restricted to making a presentation.
Phelan wrote the development on Dene Tha' lands was just as much part of the pipeline as any other work.
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