Duncan’s First Nation 2019 Clear Hills – Chinchaga Refuge Indigenous Knowledge Survey Conducted in Relation to the Nova Gas Transmission Ltd. North Central Corridor Loop Project North Corridor Expansion Project and the Ongoing Operation of NGTL North Central Pipeline System November 2019 Prepared by Matthew General for the Duncan’s First Nations 1 Following the completion and transmittal of this report the DFN will release two supporting and supplementary reports. The second report, authored by the DFN, will highlight DFN community member observations related to the barriers, restricts, constraints and stressors flowing from land use allocation and development that in their view, prevents or restricts their ability to find and procure large game. A third report, to be authored by the ALCES Group, will present quantitative information, analyses and mapping that can be used to clarify and test DFN’s observations presented in the second report. This report, as all forms of research, represents an incremental step towards the gaining of understanding and knowledge based on facts. The DFN understands and supports the notion that knowledge is never absolute or that not all things can be known about a phenomenon at any given time. As DFN’s ancestors understood, knowledge is gained through observation, thinking about what is observed, developing ideas based on those observations, investigating further and taking reasoned action. It is that ongoing process of the acquisition and application of knowledge that allowed the DFN’s ancestors to make informed choices and actions which allowed them to survive through the Millenia and supported DFN families into the present. In this regard, Indigenous Knowledge can be said to have certain facets in in common with the western scientific method. Given this, while the DFN has been able to document some important information about its ongoing use and knowledge of its lands, additional information gathering and community research should and must occur. From the perspective of the DFN community, the time has arrived for the Crown, industry and the DFN and to develop a mutually informed understanding of the crucial connection and relationship between the land, waters, forests, muskegs, animals, fish, birds and plants of this part of the earth, Canada and Alberta and the most important needs, culture, health, wellness and future of the DFN people. To this end, the DFN would welcome the opportunity to undertake a comprehensive baseline Treaty rights and cultural use assessment undertaken in collaboration with Crown agencies via a mutually agreed upon set of research parameters, a jointly developed terms of reference and co-managed research implementation plan. The area and practice of “traditional land use studies” or “Indigenous Knowledge” or an “Indigenous Rights and Cultural Impact Assessment” is relatively new. No recognized consensus, let alone a dedicated academic discipline with the necessary institutional longevity or competence, has had the opportunity to emerge to provide appropriate guidance to the concerned parties (Indigenous, the courts, regulators, Crown agency, industry, third party). Indigenous Peoples have made a start and some positive rights information gathering and assessment models are beginning to emerge but more work remains ahead, especially in respect to developing consensus between Indigenous Peoples, the Government of Canada and the Government of Alberta, Crown regulators and industry on how to approach and conduct such studies and then how to evaluate and act on the information flowing from such studies. The DFN wishes to extend its thanks to Nova Gas Transmission Ltd. that made some funding available to enable the DFN to undertake the work in preparing this and accompanying reports. Above all the DFN wishes to acknowledge its community elders, knowledge holders, land users and community members who have contributed to DFN’s ongoing effort to document and record its longstanding relationship to its Traditional lands and the changes underway in these lands that have the potential to fundamentally alter this and future generations ability to utilize, rely on and live on the land as their ancestors once did. 3 Through the years, some DFN members that graciously contributed their wisdom, knowledge and passion about their and their family’s deep attachment to the land have left us. However, their word, wishes and spirit continue to provide guidance and hope to current and future DFN generations for an improved relationship between the parties to Treaty 8 and reliance on the Treaty as a sacred and practical agreement to ensure peace, balance, responsible stewardship DFN’s Traditional Territory to the benefit of DFN members, Albertans and Canadians alike. 4 Report Authorship This report is authored by Matthew General who has a had contractual relationship with the DFN dating back for approximately a decade. The author was contractually employed by the DFN between 2009-2012 to: • plan and implement an initial tranche of research with the community to identify and document DFN land and resource use activities and cultural practices and the exercise of its rights; • support the community in engagements and consultations on major projects and impact assessments including the Iron Stone Mine Project, Shell Canada’s Carmon Creek Expansion Project, the proposed Bruce Nuclear Power Peace River facility, Enbridge’s Northern Gateway Pipeline Project, the Site C Clean Energy Project and several NGTL pipeline projects proposed within north-western Alberta, and • assist the DFN community building its in-house capacity, skills and expertise in undertaking land use research, consultation, engagement GIS mapping and cumulative impact analysis and research In the period between 2009 and 2012, the author completed two pilot studies with the DFN entitled: • “Duncan’s First Nation: Consolidated Traditional Use Scoping Project of the Upper Peace” (DFN: 2009/11) • “Duncan’s First Nation 2012 Traditional Land and Resource Use Survey” (DFN: 2012) In summary, the 2009/11 study’s main objective was to determine key sustenance / large game hunting areas utilized by DFN members within living memory. Interviews were conducted with a small sample of DFN community members where these areas where discussed, identified and documented on manual base maps which were later converted into GIS file format and PDF maps. Accompanying interview summaries were prepared and validated by community members along with the maps. This study was funded by the Government of Alberta and was based upon approaches and best practices set out in Government of Alberta document entitled: ‘Best Practices Handbook for Traditional Use Studies’, 2003: Government of Alberta Aboriginal Affairs and Northern Development. A description of the approach and methodology employed can be found in the Appendices of this report. The 2012 DFN research effort again sought to document examples of the exercise of rights and traditional land and resource use sites with a larger cross section of the DFN community. This study was funded in part by Trans Canada Pipelines Ltd. / Nova Gas Transmission Ltd and predicated upon the map biography approach and methodology advocated by traditional land and resource use researcher and author, Terry Tobias in his text entitled: ‘Living Proof: The Essential Data-Collection Guide for Indigenous use-and- Occupancy Map Surveys’: Union of BC Indian Chiefs and Ecotrust, 2009). Through this study, community members participated in interviews to document examples of site-specific large mammal kill sites, fish catch sites, earth material harvesting sites, overnight stay sites and other cultural use features. In 2018/19, the mapping for this study was updated with convex polygons that demarcates not only examples of site-specific features (identified in 2012) but the overall area in which participating community member’s cultural use and large game hunting activities occur based on the outer most location of example sites. A description of the approach and methodology employed can be found in Appendices of this report. Between 2013 and 2016, the author was retained by TCPL/NGTL management to provide advice and plan and implement a cross – Canada Indigenous Knowledge / Traditional Knowledge / Traditional Land 5 and Resource Use program in relation to the proposed Energy East Pipeline Project involving an unprecedented number of Indigenous governments and organizations. The author did not work for the DFN in this period. In the summer of 2017, the author was re-retained by the DFN as a contractor to continue community research and community capacity building in relation to several proposed new major projects and other matters of community priority and importance. Efforts were directed at several major projects being advanced by NGTL including the NGTL 2021 System Expansion Project and the Project/s of focus within this report. This research undertaken in 2018/19 included undertaking a synthesis review of existing DFN research and studies and conducting supplementary mapping interviews and workshops with community members. This effort continues. As evident in a review of this report, the overall intent of the research is to compile information into an accessible format for the community, proponent, regulator and Crown and allowing the information put forward by the community, in essence, speak for itself. The author has avoided in arriving conclusions and opinions within this report and its companion piece. In the fall of