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Federal negotiator meets with Dene Tha' over pipeline ruling

Last Updated: Friday, December 8, 2006 | 12:05 PM CT

A former law professor from the University of Alberta has begun talks with the Dene Tha' First Nation, which won a landmark ruling in November to delay the giant Mackenzie Valley gas pipeline project.

Federal Court Justice Michael Phelan ruled that the federal government had failed to consult northern Alberta's Dene Tha' about the project, which would see a pipeline built to Alberta from the Beaufort Sea.

The new federal negotiator, Tim Christian, said Thursday he's well aware some of the Dene people will be angry at the federal government following the court ruling.

"Understandably, in many of these cases there is anger, and it's part of my job to hear what people have to say, and to try to understand their concern, because what we're really interested in doing is finding out to what degree the Mackenzie Gas Project will impact on the aboriginal rights of the First Nations."

Christian expects to hear plenty from band members about the effects on hunting and fishing rights, which are protected under the law for First Nations.

Bob Freedman, a lawyer for the Dene Tha', said the small band is not against the development. However, he said, the Dene want to negotiate things such jobs and possible royalties from the pipeline.
 
"All issues are on the table in the sense that [Christian is] there to listen. That doesn't mean, by any means, that he's obligated to agree with issues the Dene Tha' raises. But, in terms of economic initiatives, opportunities, I suppose everything is open for discussion." 

Freedman said some early discussions have taken place with Christian, and he said there appears to be goodwill.

The federal government has already announced it will appeal the Federal Court ruling, and Freedman said he's not surprised by that.

"Because the decision has implications — not only for the Dene Tha', but for First Nations across Canada — and because we know a number of large projects are coming, I suspect Canada has concerns about living with Justice Phelan's decision," Freedman told CBC News on Wednesday.

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