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MOUNTAIN CREE Position Paper

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MOUNTAIN CREE Position Paper /\/\OUNTAIN CREE ASINI WACHI NEHIYAWAK/Bobtail Descendants Traditional Band Administrative Office 718 * Blackfalds, Alberta * CANADA TOM OJO * 1-403-885-2991 www.inewhistory.com c/o [email protected] ____________________________________________________________________________________________ MOUNTAIN CREE Position Paper NOVA GAS TRANSMISSION LTD. 2017 System Expansion Project File 0F-Fac-Gas-N081-2014-20 02 National Energy Board Hearings 2015 May 2016v2 prepared by J. Fromhold, Ph.D. (pend.), C.B.A., C.E.O. Mountain Cree Band ISBN 978-1-365-32357-7 Copyright 2016 J. Fromhold /\/\OUNTAIN CREE (ASINI WACHI NEHIYAWAK/Bobtail Descendant Traditional Band) ____________________________________________________________________________________________ MOUNTAIN CREE Position Paper NOVA GAS TRANSMISSION LTD. 2017 System Expansion Project File 0F-Fac-Gas-N081-2014-20 02 National Energy Board Hearings 2015 PREAMBLE In July of 2016 the Asini Wachi Nehiyawak Band (AWNTB) was contacted by the Major Projects Management Office (MPMO) of Natural Resources Canada to inquire if AWNTB would be willing to meet with MPMO representatives and other Government representatives to discuss AWNTB concerns about the National Energy Board Hearings into the NOVA GAS TRANSMISSION LTD. 2017 System Expansion Project. Specifically, the question posed were • What are your outstanding concerns with respect to project-related impacts on your Aboriginal and treaty rights – particularly for issues that may not be captured in the NEB’s proposed conditions? • What accommodation measures might you propose to address these outstanding concerns? AWNTB has prepared the following summary. /\/\OUNTAIN CREE (ASINI WACHI NEHIYAWAK/Bobtail Descendant Traditional Band) ____________________________________________________________________________________________ CONTENTS Preamble 3 Table of Contents 4 Abbreviations Statement of Limitations Position Statement 5 Issues 6 A. Failure to Consult B. Hearings Paticipation 9 C. Rights Issues 11 D. Heritage/Cultural Resource Protection 16 E. Environmental 19 F. Historical Land Use 19 G. Jobs 19 H. Good Faith 21 I. Failure to Engage 23 J. NEB Failure to Enforce 25 K. Greater Good 28 L. Values 33 Mitigation 39 Rights Legislation 40 Addenum 41 Abbreviations AWNTB Asini Wachi Nehiyawak (Mountain Cree) Traditional Band HRA Heritage Resources Assessment MPMO Major Projects Management Office NEB National Energy Board R0W Right Of Way TLU Traditional Land Use Statement of Limitation Information collected for this Study and this Deposition is the sole property of the Mountain Cree (Asini Wachi Nehiyawak) Traditional Band. The information contained within this project-specific Study is meant for a single application only, for consider- ation by the National Energy Board in the regulatory review process for the NOVA GAS TRANSMISSION LTD. 2017 System Expansion Project and Wolverine River Lateral Loop Projects (File OF-Fac-Gas-N081-2013-18 02) and for no other purpose. Citation, use or reproduction of the information contained herein for any other purpose is permissible only with the written consent of the ASINI WACHI NEHIYAWAK (Mountain Cree) TRADITIONAL BAND. /\/\OUNTAIN CREE (ASINI WACHI NEHIYAWAK/Bobtail Descendant Traditional Band) ____________________________________________________________________________________________ Position Statement The Asini Wachi Nehiyawak (Mountain Cree) Traditional Band (AWNTB) accepts and adheres to the Supreme Court of Canada rulings pertaining to the rights and obligations of non-Treaty bands (Bands In Fact) as laid out in the Supreme Court Rulings and to the Consultation Process mandated by the Supreme Court as well as the Consultation, engagement and Community Capacity fundung mandated the National Energy Board. The AWNTB is committed to positive, fruitful and mutually beneficial participation in the Consultation process as laid out in DELGAMUUKW insofar as it does not infringe on the rights of the AWNTB, as laid out in DELGAMUUKW, and is committed ot the principle of biparty discussion, negotiation and concesus in matters affecting the development within traditional AWNTB lands. Ref. Addenum 01, Position Paper /\/\OUNTAIN CREE (ASINI WACHI NEHIYAWAK/Bobtail Descendant Traditional Band) ____________________________________________________________________________________________ ISSUES "As the price of crude oil climbs higher in an oil-dominated country, poor or rich...that country's citizens will, over time, experience less free speech, declining freedom of the press, and a steady erosion of the rule of law." (Friedman 2006, Foreign Policy Review) This is the First Law of Petro Politics, as recognized by economists and sociologists. A. Failure to Consult Duty To Consult Legal Requirements See also Addenum 02. AWNTB Final Argument (doc. 18476786 Attached) Background See also Addenum 02. AWNTB Final Argument (doc. 18476786 Attached) See also Addenum 03. (doc. 91412NEBNGt) NOVA Gas Transmission Lines, a subsidiary of Trans Canada Pipelines knew or should have known of the existence of the Mountain Cree (AWNTB) as a Band having historic Land Use in the area and having interests in that area. The Mountain Cree have had an Internet website presence since 1994. Trans Canada Pipelines is the agent for NOVA Gas Transmission Lines (NOVA) tasked with implementation of the Company's Duty To Consult undertakings. In June, 2013 reports were submited to Trans Canada outlining a number of locations of archaeological and historical points of importance and interest known by us to be along the Energy East pipeline Right-of-Way.(1) The report noted that in areas the ROW crossed terrain noted as being known to contain Early Man sites and the source of extensive private collections of artifacts. This was not followed up on. The report also noted that historical information on these sites and pictures dating to the 1840's was available. This was not followed up on. On October 08, 2013 AWNTB informed TRANS CANADA PIPELINES, the Parent Company for NOVA Gas Transmission Ltd., and the Lead for issues involving First Nations Groups and Duty to Consult, of the existence of the AWNTB and our historic Land Use interests in Alberta. There was no attempt made by Trans Canada to engage with AWNTB. On October 8, 2013, we advised Trans Canada about our interests in the Grand Rapids pipeline, but received no response. On October 8, 2013, we advised Trans Canada about our interests in the Energy East pipeline, But received no response. On March 4, 2014 AWNTB filed for Intervenor status with the NEB for the Energy East pipeline. On March 25, 2014, Trans Canada/Nova Gas filed a regulatory application for the Wolverine River Lateral Loop (Carmon Creek Section) Project. No attempt was made to inform, contact or consult with AWNTB. Since May 8, 2014, AWNTB has been involved in the Energy East hearing process with the NEB. On May 14, 2014 AWNTB was informed that we were accepted as Intervenor in the Energy East project. On June 27, 2014, NOVA filed an Aboriginal Update with the NEB. No attempt had been made to contact or consult with AWNTB. On July 1, 2014 received correspondence from Trans Canada re. Trans Canada Energy East Project. On July 1, 2014 AWNTB responded to [email protected] to his letter re. Trans Canada Energy East Project . AWNTB also forwarded a copy of our Consultation Protocols, including a map of the lands in which we have a Traditional interest. On July 10, 2014 the initial deadline for Application to Participate in the NOVA Wolverine Project passed. At this time Trans Canada, the original Applicant for the Wolverine Project, and parent company of Nova Gas Transmission Lines, had been aware of our existence and interests in the development activities of their firm, and that AWNTB was elegible for engagement under the Duty To Consult ever since October 2013. During all this time neither Trans Canada nor NOVA advised us of the existence of the NOVA Wolverine Project. On July 12, 2014 AWNTB sent a letter to Shirley Dawe @ Trans Canada re. Trans Canada Energy East Project. On August 23, 2014, we were in communication with Ms. Karen Gardner, of Trans Canada, who set up a date for us to meet with her re. Engagement. These meetings have been postponed several times and not yet carried out. On August 26, 2014 we received an e-m from Ms. Gardner at Trans Canada to set up a meeting. These meetings have been postponed several times and not yet carried out. On September 2, 2014, we received a telephone call from Ms. Gardner of Trans Canada advising that the meeting scheduled for that morning was cancelled. On September 21, 2014, we received an e-mail from Ms. Gardner of Trans Canada to arrange another meeting date. These meetings have been postponed several times and not yet carried out. On September 21, 2014, while searching the NEB website, AWNTB first became aware of the existence of the Wolverine project. At this time we downloaded and reviewed the Aboriginal Update and Engagement filing, noting that NOVA had made no attempt to contact AWNTB. In keeping with AWNTB view to avoid confrontation, rather than immediately filing for Intervenor status we submitted a Letter of Comment to the National Energy Board (A62951, A4C2Y1), with cc to NTGL, indicating that The Wolverine River Lateral Loop lies within the historic TLU area of the Mountain Cree (Asini Wachi Nehiyawak) Traditional Band (AWNTB). Members of the band still utilize the area. and We have never been notified or approached by NGTL for either our input re. our
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