Native groups leave Cheviot legal attack

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A federal court judge has struck down a challenge by environmentalists and Aboriginal groups to stop the proposed Cheviot Coal Mine from starting up operations just outside Jasper National Park and on land used by a Native community.

The environmental coalition has immediately planned to appeal the decision, but it will be continuing the challenge without the help of two Aboriginal groups.

A coalition of five local, regional and national environmental groups recently filed an appeal of the June Federal Court ruling in Vancouver which dismissed a lawsuit over the controversial open-pit coal mine. Representation by the Smallboy Camp and the Treaty 8 First Nations was not made on the appeal.

The major point of contention between conservationists and the Aboriginal groups is a park proposed by the environmentalists, but not discussed with the Aboriginal groups. The protected park area would occupy lands currently occupied by the 160 members of the Smallboy Camp.

It was, according to environmentalist Chris Baker, "highly theoretical in nature" and simply "an alternative push back against single-minded development of the area."

Buff Parry, spokesperson for the Smallboy Camp, says there is no excuse for the lack of consultation with the Aboriginal people.

"We will have no further involvement with the environmental coalition that is proceeding with the appeal," explained Parry. "The Smallboy Camp is extremely unhappy with the lack of communication between all groups involved."

The Smallboy Camp gained intervener status in the lawsuit in late March, followed closely by the Treaty 8 First Nations of Alberta. The groups argued that the review panel that selected the site for the coal mining operation, failed to give proper consideration to the environmental effects of the project on the Smallboy Camp.

Although the involvement of the Native groups was important to the cause, those still appealing remain optimistic.

"The Aboriginal interests of Smallboy Camp and Treaty 8 added a depth to our case by showing the overall impact of the mine," said Chris Baker of the Pembina Institute for Appropriate Development. "However, we will have less court time so we need to put less information on the table...We are still fairly optimist about the appeal."

The Native groups are still planning to fight the proposed mine site, and according to Gray Jones, executive director of the Western Canada Wilderness Committee, the splintering of the coalition could help.

"The attack against Cheviot is more decentralized, so interested parties can attack from many fronts, basically in multiple approaches," he said.

Despite the rejection in the federal court, all groups are hopeful that a continued awareness campaign and the upcoming appeal will have favorable results.

"We are optimistic about our chances of succeeding in the Court of Appeal," said Stewart Elgie of the Sierra Legal Defence Fund, the primary funding organization behind the coalition.

The 23 km long mining project isn't only getting getting world-wide attention.

Last year, UNESCO (the United Nations Educational, Scientific and Cultural Organization) asked Canada to reconsider its approval of the mine. The United Nations body was concerned that the $250-million mine would jeopardize the integrity of Jasper National Park, which is considered a World Heritage Site. At a meeting this June in Switzerland, UNESCO asked for a status report on the Cheviot mine in order to review the project further this fall.

Back at the Western Canada Wilderness Committee offices, Gray Jones said if that report comes back with less than favorable findings, the ecological safety of the park could become an international concern.

"The next step UNESCO could take is to place Jasper National Park under the category 'World Heritage Site at Risk'. At [that] point there is usually intervention by prime ministers," said Jones.

There was no word on when a coalition appeal could come before the courts.