pdf Colville Motion - SRRB Preliminary Decision on Findings 16-02-26 Popular

These are the findings of the Sahtú Renewable Resources Board (“the Board”) on the February 23, 2016 motion brought by the Colville Lake Renewable Resources Council, Ayoni Keh Land Corporation And Behdzi Ahda” First Nation (together “Colville Parties”).

The Board met on February 25, 2016 to consider the motion brought by the Colville Parties, and the submissions of the Government of the Northwest Territories and K’asho Got’ine.

The Board has decided the following, based on a review of the Motion materials, Parties’ submissions and an analysis of the facts and applicable law:

1.    The Board finds that Michael Neyelle, Leonard Kenny and Jeff Walker are not currently in a conflict of interest on matters before the Board for decision in the Hearing.

2.    The Board finds that Michael Neyelle, Leonard Kenny and Jeff Walker’s participation to date in the Hearing does not give rise to a reasonable apprehension of bias.

3.    Based on the above findings, it is not necessary for the Board to rule on the Colville Parties’ request that the Hearing be adjourned until such time as Board Members or Alternates are appointed by Canada.

4.    The Board will allow Parties to bring a motion at any time during the course of the Hearing, should any Party have concerns about whether the conduct of any Board Member gives rise to a concern about a potential conflict of interest or a reasonable apprehension of bias, and the Board will consider the matter at that time.

5.    The Board will take the following additional steps to ensure that the Hearing remains procedurally fair:

a.    During that portion of the Hearing where Délı̨nę’s management proposal is presented to the Board, Michael Neyelle will step aside as Chair and the proceedings will be chaired by Vice-Chair Paul Latour.

b.    During that portion of the Hearing where Délı̨nę’s management proposal is presented, Michael Neyelle and Leonard Kenny will not participate in the Délı̨nę panel to present, nor take questions about, the Délı̨nę plan but will remain in the room to hear the evidence and will participate in the Board’s final deliberations regarding all evidence in the Hearing.

c.    During that portion of the Hearing where ENR’s management proposal is presented, Jeff Walker will not participate in the ENR panel to present, nor take questions about, the ENR plan but will remain in the room to hear the evidence and will participate in the Board’s final deliberations regarding all evidence in the Hearing.

The full Reasons for Decision in this matter will follow by March 4, 2016 or earlier.