Judicial review begins in case against Mount Carleton, NB snowmobile trail project
The province of New Brunswick is asking a judge to dismiss a judicial review of its plan to groom snowmobile trails in Mount Carleton Provincial Park, but the Indigenous and environmental groups against the project say they have every right to object.
Monday marked the first day of the review filed by the Maliseet Grand Council and former park manager Jean-Louis Deveau. The groups are fighting the former Liberal government's plan to open Mount Carleton Provincial Park to hundreds of new snowmobilers.
In its July 2015 announcement, the Liberals promised a $1.4 million snowmobile grooming hub with 343 kilometres of new or re-groomed trails, plus a fuelling station.
On Monday the province's lawyer, William Gould, said the judge should dismiss the case and award the province $5,000. He argued that the council is not a recognized Indigenous group and that the province had no duty to consult with them.
"An established collective is necessary for there to be a consultation duty," Gould said.
However he did admit the province's consultation with "recognized" First Nations was flawed as well. Consultations weren't done with Kingsclear First Nation until months after the project was approved, and after the province had awarded tenders.
"It is not a proper way to consult," Gould told the court.
'Still in the box'
The grand council is a traditional governance body that is not recognized by the Indian Act like bands and councils, Gould said.
Traditional grand chief Ron Tremblay, who asked for the judicial review, was in court Monday and shook his head multiple times at Gould's assertions. In his submissions to the court he referred to the Indian Act as a colonial document that doesn't fully reflect how Indigenous people govern themselves.
In his reply to Gould, council lawyer Gordon Allen accused the provincial government of having archaic ideas about Indigenous governance and traditional leadership. Before saying a word to the court, he stood up and stepped into a plastic file box near his table. He declared the province is "still in the box" when it comes to understanding who should have been consulted before the project was approved.
He said it would be "intellectually... a fraud" to believe bands elected under the Indian Act are the only ones that have a right to be consulted.
The lawyer alleged the Mount Carleton project contravenes a treaty from 1725 that preserves the rights of Indigenous people and the importance of their relationship to nature.
Mount Carleton Provincial Park is one of the last wilderness parks in the region. It's considered sacred ground by the Wolastoq people.
"It's the 21st century now and it's time to consider these rights," said the council's lawyer.
