T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report

THE PROPOSED KINDER MORGAN TRANS MOUNTAIN EXPANSION PROJECT

RACHEL OLSON, PH.D., TABITHA STEAGER, PH.D., AND THE FIRELIGHT RESEARCH GROUP COOPERATIVE WITH T’SOU-KE NATION

April 27, 2015 Prepared and lead authorship by: Rachel Olson, Ph.D., Tabitha Steager, Ph.D., and the Firelight Group Research Cooperative

On behalf of: T’Sou-ke Nation

Thanks and acknowledgements go to the T’Sou-ke Nation elders, knowledge holders, land users, leadership and staff who contributed to the Study. This report could not have been completed without their support and expert knowledge.

Photo credits: Becky Orser 2015 - pages 3, 8, 19, 25, 82, 96, front cover Tyler Ingram 2009 - page 12 Brigitte Werner 2010 - page 37

The Firelight Group Victoria office: Suite 253, 560 Johnson Street Victoria, BC V8W 3C6 t: (250) 590-9017 e: [email protected] www.thefirelightgroup.com

2 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Contents

Tables and Figures...... 6 Acronyms and Abbreviations...... 7 Executive Summary...... 8 Section 1 Introduction...... 12 1.1 Overview...... 12 1.2 What is a Project-Specific Traditional Marine Resource Knowledge and Use Study?.... 13 1.3 Scope of Work...... 14 1.4 Report Limitations...... 14 1.5 Proposed Project...... 15 Section 2 T’Sou-ke Nation Background...... 19 Section 3 Methods for Data Collection and Analysis...... 25 3.1 Valued Components...... 25 3.2 Community Scoping Meeting and Verification Meeting...... 26 3.3 Mapping Interviews...... 27 3.3.1 Mapping interviews: site-specific (mapped) data collection and analysis...... 27 3.3.2 Mapping interviews: qualitative data collection and analysis...... 29 3.4 Existing Baseline Information Sources...... 29 3.5 Cumulative Effects Assessment...... 30 3.6 Assessment Methodology...... 30 3.6.1 Residual effects characterization...... 31 3.6.2 Environmental and Cultural Consequence (ECC) rating...... 33 3.6.3 Significance evaluation...... 35 3.6.4 T’Sou-ke sensitive receptors...... 35

Kinder Morgan’s Trans Mountain Expansion Project 3 3.7 Confidence in Predictions...... 35 Section 4 Findings...... 37 4.1 Overview: T’Sou-ke Knowledge and Use of Marine and Coastal Resources.... 37 4.2 Overview of Site-Specific Findings...... 38 4.3 Fishing Valued Component...... 40 4.3.1 Site-specific data...... 40 4.3.2 Baseline...... 45 4.3.3 Existing impacts...... 47 4.3.4 Project interactions...... 48 4.4 Coastal Gathering and Hunting Knowledge and Use Valued Component...... 50 4.4.1 Site-specific data...... 50 4.4.2 Baseline...... 55 4.4.3 Existing impacts...... 57 4.4.4 Project interactions...... 61 4.5 T’Sou-ke Nation Marine Travel Valued Component...... 63 4.5.1 Site-specific data...... 63 4.5.2 Baseline...... 65 4.5.3 Existing impacts...... 66 4.5.4 Project interactions...... 67 4.6 Cultural Continuity Valued Component...... 68 4.6.1 Site-specific data...... 68 4.6.2 Baseline...... 71 4.6.3 Existing impacts...... 75 4.6.4 Project interactions...... 76 4.7 Impacts of a Major Oil Spill on T’Sou-ke Nation Knowledge and Use...... 78 4.8 Cumulative Impacts...... 80 Section 5 Assessment...... 82 5.1 Review of Mitigations Proposed by the Proponent and Residual Effects...... 82 5.1.1 Review of mitigation measures proposed by the Proponent...... 82 5.1.2 Gaps in the Proponent’s mitigation measures...... 83 5.2 Characterization and Evaluation of Residual Effects on VCs...... 85 5.2.1 Fishing...... 85 5.2.2 Coastal Gathering and Hunting...... 87 5.2.3 T’Sou-ke Nation Travel...... 89 5.2.4 Cultural Continuity...... 90 5.2.5 Impacts of a Major Oil Spill on T’Sou-ke Nation Knowledge and Use.... 92 5.2.6 Summary of characterization of residual effects on all VCs...... 94 5.2.7 Significance determination and confidence...... 95 Section 6 Conclusions...... 96

4 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 6.1 Summary of Baseline and Residual Effects...... 96 6.2 Recommendation: Monitoring and Accountability...... 98 6.3 Closure...... 98 Works Cited...... 100 Interviews Cited...... 104 Appendix 1: Consent Forms...... 107 Appendix 2: Interview Guide...... 109 Appendix 3: Proponent’s Identified Potential Effects, Proposed Mitigation Measures, and Residual Effects on T’Sou-ke Nation...... 125 Appendix 4: CV, Rachel Olson...... 133 Appendix 5: CV, Tabitha Steager...... 138

Kinder Morgan’s Trans Mountain Expansion Project 5 Tables and Figures

Figures

Figure 1: Map of proposed Project’s route, and the Study’s LSA and RSA in relation to T’Sou-ke Nation Reserves...... 17

Figure 2: Map of T’Sou-ke Nation Reserves in relation to the Study’s LSA and RSA...... 18

Figure 3: Reported T’Sou-ke Nation site-specific use values within the Study footprint, LSA, and RSA by activity class...... 39

Figure 4: Species of reported T’Sou-ke Nation site-specific Fish Harvesting Values in the Study area...... 41

Figure 5: Reported T’Sou-ke Nation site-specific use values for the Fishing VC, within the Study footprint, LSA, and RSA...... 42

Figure 6: Close-up view of reported T’Sou-ke Nation site-specific use values for the Fishing VC, within the Study footprint, LSA, and RSA...... 43

Figure 7: Heat map showing the geographic distribution of site-specific values mapped for the Fishing VC in the Study area...... 44

Figure 8: Reported T’Sou-ke Nation site-specific subsistence Coastal Harvesting and Hunting Values...... 52

Figure 9: Reported T’Sou-ke Nation site-specific use values for the Coastal Harvesting and Hunting VC, within the Project’s footprint, LSA, and RSA...... 53

Figure 10: Close-up view of reported T’Sou-ke Nation site-specific use values for the Coastal Harvesting and Hunting VC, within the Project’s footprint, LSA, and RSA...... 54

Figure 11: Reported T’Sou-ke Nation site-specific use values for the T’Sou-ke Nation Travel VC, within the Study footprint, LSA, and RSA...... 55

Figure 12: Reported T’Sou-ke Nation site-specific use values for the Cultural Continuity VC, within the Project’s footprint, LSA, and RSA...... 55

Tables

Table 1 Residual effects characterization and Environmental and Cultural Consequence rating system used in the Assessment...... 34

Table 2: Reported T’Sou-ke Nation site-specific use values within the Study footprint, LSA, and RSA by activity class...... 38

Table 3: Summary of the characterization of residual effects for each of the TMRU Study’s VCs, with the Environmental and Cultural Consequence Rating, significance evaluation, and confidence level of the predictions...... 95

Table 4: The potential impacts of the TMEP on T’Sou-Ke Nation traditional marine resource use, mitigation measures proposed by the Proponent and gaps and residual effects...... 38

6 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Acronyms and Abbreviations

CEA Cumulative Effects Assessment CEAA Canadian Environmental Assessment Agency CV Curriculum vitae EA Environmental Assessment EAO Environmental Assessment Office Firelight Group or Firelight The Firelight Group Research Cooperative GIS Geographic Information System I.R. Indian Reserve km Kilometre(s) KML Keyhole Markup Language LSA Local Study Area m Metre m3/d Cubic metres per day n.d. no date NEB National Energy Board Ph.D. Doctor of Philosophy RSA Regional Study Area the Project or TMEP Kinder Morgan’s Trans Mountain Expansion Project the Proponent or KM Kinder Morgan TMRU Study Traditional Marine Resource Knowledge and Use Study TN T’Sou-ke Nation TTA Te’mexw Treaty Association VC(s) Valued Component(s) ZOI Zone of Influence

Kinder Morgan’s Trans Mountain Expansion Project 7 Executive Summary

The Firelight Group has been retained by the T’Sou-ke Nation to conduct a traditional marine resource knowledge and use study (the Study) in relation to the proposed Kinder Morgan Trans Mountain Expansion Project (the Project).

This report provides non-confidential baseline information and consideration of potential Project interactions based on data collected on current and available T’Sou-ke Nation knowledge and use within the vicinity of proposed Project physical works and activities, with a strong emphasis on large oil carrier vessel traffic in marine areas of use and value to T’Sou-ke Nation. The report also includes an assessment of residual effects based on the results of the Study and the Proponent’s proposed mitigations.

Mapped and qualitative data was collected for this Study during interviews with 33 T’Sou-ke Nation members, between 26 January 2015 and 20 February 2015. Interview and mapping protocols were based on standard techniques and subject to advance approval by T’Sou-ke Nation representatives. All mapping interviews included documentation of prior informed consent and followed a semi-structured format guided by an interview guide.

Data collection and analysis for this Study were organized around four valued components (VCs).

• Fishing

• Coastal Gathering and Hunting

• T’Sou-ke Nation Marine Travel

• Cultural Continuity

Data collection focused on a Study area comprised of the following zones around the proposed Project:

8 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report • Footprint: within 250 m of the proposed Project’s incoming and outgoing tanker paths from the port to international waters;

• Local study area (LSA): within 2 km of the proposed Project’s incoming and outgoing tanker paths; and

• Regional study area (RSA): encompassing the entire and an area within 1 km inland of the Canadian side of the Strait where the ecosystem and T’Sou-ke Nation knowledge and use values interact closely with marine and coastal values.

Based on the information gathered for this Study, it is possible to state with a high degree of confidence that the Trans Mountain Expansion Project Study area, in particular the RSA along the coastline of the Juan de Fuca Strait, is of critical importance to T’Sou-ke Nation knowledge, use, and occupancy, and the Nation’s continued ability to meaningfully practice T’sou-ke’s Aboriginal rights, interests, and Title.

During the mapping interviews, T’Sou-ke Nation members reported 28 site-specific values within the project footprint, 48 site-specific values within the Study LSA (including the project footprint), and 1,310 site-specific values within the Study RSA (including the LSA and project footprint). This represents an extremely high density of values (high number of use values with high number of reporters) in the RSA, and is strongly indicative of an extraordinarily high level of use and reliance on subsistence resources within this area. The project footprint and LSA are meanwhile currently used less frequently, in large part because many T’Sou-ke Nation members already feel that they cannot use these areas due to tanker traffic and related risks.

Study site-specific (mapped) data clearly indicates an exceptionally high level of T’Sou- ke Nation use and cultural practice within the Study RSA for each of the Study’s VCs. The data clearly shows that T’Sou-ke Nation members intensively use the RSA for fishing, collecting seafood, plant collecting, habitation, group gatherings, travelling, and other cultural practices that are integral to T’Sou-ke Nation Aboriginal and treaty rights. Efforts to teach cultural practices, knowledge, and way of life to future T’Sou- ke Nation generations are focused on a variety of sites within the proposed Project LSA and RSA.

As such, the Study area is of extremely high cultural importance and use value to T’Sou-ke Nation members, particularly the Sooke Basin, Sooke Harbour, the area immediately outside of Sooke Harbour, as well as the coastline and waters of the Strait of Juan de Fuca from Race Rocks at the eastern end of the Strait to the western mouth of the Strait. Based on available information, use of these areas is fundamental to past, current, and future T’Sou-ke Nation use and occupancy, and to the ongoing practice of T’Sou-ke culture, identity, and Aboriginal rights and title.

In addition to potential Project impacts, T’Sou-ke Nation values are already greatly affected by cumulative impacts from existing industrial and housing development in their territory. T’Sou-ke Nation participants report that the Project would likely add to the cumulative impacts that are already affecting their community and reducing the ability of members to practice their constitutionally-protected Aboriginal rights.

Kinder Morgan’s Trans Mountain Expansion Project 9 Assessing the Project’s residual effects on the Study’s VCs involved:

1. Analysing the mitigations proposed by the Proponent and gaps in these mitigations identified by the Proponent;

2. Comparing these to the Project interactions identified in this Study;

3. Characterizing residual effects of the Project on each of the VCs; and

4. Estimating the significance of these residual effects.

As a result of gaps in proposed mitigation measures, the Project interactions identified by the Study remain largely unaddressed by the environmental assessment (EA) process to date. The residual effects of the Project on T’Sou-ke Nation traditional marine resource knowledge and use are likely to be adverse, and of environmental and cultural consequence ranging from medium to very high, largely because the proposed Project may have impacts on areas of high value, including areas that have been highly important for traditional marine harvesting activities, travel, and cultural activities for generations.

Likely residual effects from the normal operations mode of the Project include the following:

• Reduced ability of T’Sou-ke members to catch enough fish for their subsistence and cultural needs;

• Reduced ability of T’Sou-ke members to harvest foreshore and coastal resources including seafood, berries, mammals and waterfowl;

• Reduced ability or willingness of T’Sou-ke members to travel by boat within the Study area, particularly the Project footprint, for subsistence harvesting, commercial fishing, or cultural activities;

• Damage to and/or loss of invaluable cultural heritage sites, including burial grounds, due to pollution and garbage from ships washing up on the shoreline;

• Loss of essential teaching areas and animal species required to pass on T’Sou-ke knowledge and practices to younger generations; and

• Reduction in the daily practice of T’Sou-ke knowledge and culture (including harvesting, food processing, feasting and community-wide food sharing) due to a reduction in subsistence harvesting practices caused by impacts from the Project that could potentially persist for several generations.

Likely residual effects from a large-scale oil spill from the Project include the following:

• Multi-generational, potentially permanent adverse effects on the ability of T’Sou-ke members to practice their traditional mode of life and Aboriginal rights due to:

o Inability of T’Sou-ke members to fish for subsistence or cultural needs due to destruction of fish populations;

10 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report o Inability of T’Sou-ke members to harvest coastal resources including seafood, berries, mammals, and waterfowl due to loss of key species;

o Damage to and/or loss of invaluable cultural heritage sites, including burial grounds; and

o Economic loss due to contamination of marine-related community economic development activities including oyster farm and ecotourism.

• Loss of T’Sou-ke culture and knowledge due to the reduction in practice of cultural activities related to subsistence fishing, gathering, or hunting due to the destruction of subsistence resources, potentially for multiple generations; and

• Psychosocial trauma in the event of a spill due to immediate and long- term damage and destruction of T’Sou-ke territory and resources used for generations as a foundation for T’Sou-ke way of life.

Based on available information, and considering past, present, and reasonably foreseeable future developments, the likely total effects load of the Project on the practice of T’sou-ke’s Aboriginal rights and title will be significant. The normal operations mode of the Project as proposed would likely result in significant impacts on the current use of marine and foreshore resources by T’Sou-ke Nation members as well as unique T’Sou-ke Nation cultural and spiritual values, particularly in areas where practice of T’sou-ke’s Aboriginal rights and title are already impaired because of unaddressed cumulative industrial impacts. In the event of a large-scale oil spill occurring in proximity to areas used by T’Sou-ke Nation members, the impacts on T’Sou-ke Nation use and occupancy, and implications for T’Sou-ke Nation culture and rights, would be catastrophic and, at minimum, long-term in duration and possibly multi-generational to permanent in adverse effects outcomes.

This report may be updated or revised by T’Sou-ke Nation as additional work is completed and new information arises. This report may contribute to, but is not a replacement for, other studies, such as assessments based on socio-economic and cultural impacts, diet and harvesting rates, community health and wellbeing, governance, planning and policy, or a full cumulative effects assessment.

Kinder Morgan’s Trans Mountain Expansion Project 11 SECTION 1

Introduction

1.1 Overview

The Firelight Group Research Cooperative (Firelight) is pleased to provide this traditional marine resource knowledge and use report to the T’Sou-ke Nation regarding the Trans Mountain Expansion Project (TMEP or the Project) proposed by Kinder Morgan (KM or the Proponent).

This report provides non-confidential baseline information and consideration of potential Project interactions based on data collected on current and available T’Sou- ke Nation knowledge and use within the vicinity of the proposed Project. The report also includes an assessment of residual effects based on the results of the Study and the Proponent’s proposed mitigations to date in the EA process.

The report is organized into six sections:

• Section 1 provides a brief overview of the scope of work, limitations of this report, information on the proposed Project, and maps of the Project location and Study area;

• Section 2 provides background information regarding T’Sou-ke Nation;

• Section 3 provides information on the methodology for the Study;

• Section 4 provides the findings, including non-confidential maps of site-specific values recorded during interviews, site-specific and qualitative baseline data, analysis of existing cumulative effects, and potential Project interactions for the Study’s valued components;

• Section 5 provides an assessment of the Project’s currently committed- to mitigations, gaps in mitigations vis-à-vis potential Project interactions

12 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report identified in this Study, residual effect characterization, and determination of the significance of residual effects on T’Sou-ke Nation VCs; and

• Section 6 summarizes the findings and conclusions of the Study, including likely residual adverse effects of the proposed Project.

1.2 What is a Project-Specific Traditional Marine Resource Knowledge and Use Study?

Traditional marine resource knowledge and use (TMRU) studies document the ways that people use, understand, and value marine areas and resources. Data collected during a project-specific TMRU study is used to help determine potential project interactions and impacts on a First Nation’s traditional use of the project area as well as the ability to maintain that use as guaranteed under Aboriginal and treaty rights.

The term “project-specific knowledge and use study” is used in this report to refer to a community-based study that considers both indigenous use and occupancy of marine and coastal areas (including coastal land where interactions with the marine environment are an important factor in ecosystem processes and T’Sou-ke Nation use), as well as broader issues or concerns based on indigenous knowledge. Like land use and occupancy studies, TMRU studies include the collection of mapped data about the indigenous occupancy of waters and lands and the use of the resources from those lands and waters (Tobias 2000:xi). TMRU studies are a systematic and evidence-based form of investigation that applies indigenous knowledge and social science to accomplish specific goals. The goals of a project-specific TMRU study may include:

• Describing and contextualizing the knowledge, use, occupancy, and interests of a community in relation to a proposed project or area from a First Nations perspective and world view;

• Utilizing First Nations’ multi-generational knowledge and experiences to determine and assess potential Project-specific interactions and impacts in relation to First Nations’ values;

• Characterizing the past and present cumulative effects context within which the current Project is proposed, to assist in the identification of cumulative effects loading in the Planned Development case; and

• Identifying mitigations or recommendations that may reduce negative effects of the project and maximize positive ones (e.g., mitigation measures).

Mapping is an important component of a TMRU study; it provides a visualization of how complex marine use practices relate to each other in a specific area, and how existing and potential developments may impact traditional cultural activities.

Kinder Morgan’s Trans Mountain Expansion Project 13 Good community-based mapping practice emphasizes individual mapping interviews in which individuals are interviewed about their own use of marine and foreshore areas during their lifetimes, and should include documentation of prior informed consent, and well-documented methods for data collection and management (Tobias 2010; Appendices 1-4).

1.3 Scope of Work

T’Sou-ke Nation retained Firelight to work with T’Sou-ke Nation to coordinate and report on a TMRU Study (the Study) in relation to the proposed Trans Mountain Expansion Project (TMEP).

Firelight was retained by T’Sou-ke Nation to:

• Conduct knowledge and use mapping interviews on the proposed Project with elders, marine resource users and other knowledge holders, and transcribe the interviews; and

• Analyse the data, prepare a report, and present the findings to T’Sou-ke Nation.

1.4 Report Limitations

Limitations of this report include the following:

This report is based on a set of interviews involving a sample of T’Sou-ke Nation members (33 members, or 13% of the T’Sou-ke Nation population of approximately 2581). Efforts were made to include as many key families and knowledge holders active within the Study area as possible, based on identification by chief and council as well as referrals from key knowledge holders. However, some key knowledge holders were not able to participate (see Section 3 for methods).

Given the extent of use reported by T’Sou-ke Nation participants in the area, it was impossible to fully document the knowledge and use of all those interviewed. Interviews lasted approximately one to two and a half hours, and data collected for each participant was limited to what the participant was able and willing to report in that time (see Section 3 for methods).

Site-specific (mapped) values, such as seafood collecting sites, reflect specific instances of use that anchor the wider practices of livelihood, cultural uses, and other treaty and Aboriginal rights within a particular landscape. For example, a particular

1 T’Sou-ke Nation registered population according to Aboriginal Affairs and Northern Development Canada as of January 2015 (AANDC 2015).

14 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report shellfish-collecting site may be mapped with a precise point or polygon, but that value is correctly interpreted as an anchor or focal point for a wide spectrum of other related practices and values. Therefore, the area covered by recorded site-specific use values should be understood to be a small portion of the area actually required for the meaningful practice of T’Sou-ke Nation way of life (see Section 3 for methods).

Given these limitations, despite the high use recorded in this Study, this information is still only a reflection of the location of some T’Sou-ke Nation current use within the Study area. As the Study represents only a sample – a small portion – of total T’Sou-ke Nation use and knowledge in the Project LSA and RSA, it is important to note that the report does not reflect all T’Sou-ke Nation current use in those areas, and absence of data does not suggest absence of use or value.

This report was not informed by a Project-specific socio-economic baseline and impact study. A full socio-economic study would describe the baseline social and economic conditions (both traditional economy and cash economy) and the impacts that the Project could have – positive and negative – on that baseline.

This report is based on the understandings of the authors and is not intended as a complete depiction of the dynamic way of life and living system of use and knowledge maintained by T’Sou-ke Nation elders and members.

Nothing in this report should be construed as to waive, reduce, or otherwise constrain T’Sou-ke Nation Aboriginal rights, title or interests within, or outside of, regulatory processes. It should not be relied upon to inform other projects or initiatives without written consent of the T’Sou-ke Nation.

More detailed work with T’Sou-ke Nation is needed if the Project proceeds. This report may be updated or revised by T’Sou-ke Nation as additional work is completed and new or more detailed information arises. This report may contribute to, but is not a replacement for, other studies that may be required to support consultation, including more detailed or operational-level knowledge and use studies; socio-economic, cultural impact, traditional food, or harvest surveys; health and well-being, indigenous rights, or governance, planning and policy assessments; or more detailed cumulative effects studies or assessments.

1.5 Proposed Project

Trans Mountain Pipeline ULC, a wholly owned subsidiary of Kinder Morgan Energy partners, is seeking approval to twin the existing Trans Mountain Pipeline (TMPL) system between Edmonton, AB and Burnaby, B.C.2 This expansion would create two continuous crude oil pipelines running from Edmonton to Burnaby. Currently,

2 Information in this section is taken from the Trans Mountain Expansion Project Description as submitted to the National Energy Board, December 2013.

Kinder Morgan’s Trans Mountain Expansion Project 15 the TMPL system has an operating capacity of 47,690 cubic metres/day (m3/d) with 23 active pump stations and 40 petroleum storage tanks. The existing pipeline began operations in 1953. The proposed Trans Mountain Expansion Project (TMEP) is expected to triple the operating capacity to 141,500 m3/d (890,000 bbl/d).

TMEP construction and operations will entail:

• Construction of approximately 987 km (36-inch diameter) of new pipeline along the existing Trans Mountain Pipeline;

• Construction of two parallel delivery lines, each 3.6 km in length, from Burnaby Terminal to Westridge Marine Terminal;

• Construction of new and modified facilities, such as pump stations, tanks and terminals;

• Reactivation of 193 km of existing pipeline;

• Expansion of the Westridge Marine Terminal from 8 vessels per month to 37 vessels per month, requiring a new dock with three berths; and

• Increased large oil tanker traffic in the region, including Vancouver Harbour, the , , , and the Strait of Juan de Fuca.

It is the final Project-related activity that is of the highest potential impact on T’Sou- ke Nation. According to the Project summary, currently – in a typical month – five vessels are loaded with heavy crude oil at the Westridge Terminal. The expanded system will be capable of serving 34 Aframax-class vessels per month, with the same individual vessel capacity as current vessels. Future cargo will be crude oil, primarily diluted bitumen. Up to 100,200 m3/d may be delivered through the Westridge Marine Terminal for shipment.

The increased marine traffic to accommodate this additional capacity due to the proposed Project covers a geographic area extending between the Westridge Marine Terminal and “J Buoy” at the entrance to the Strait of Juan de Fuca. The proposed Project would result in an 8-fold increase in tanker traffic in the Salish Sea region, including Vancouver Harbour, the Strait of Georgia, Boundary Pass, Haro Strait, and the Strait of Juan de Fuca (see Figures 1 for the routes of the oil tanker shipping lanes). In their submissions to the National Energy Board (NEB), the Proponent recognizes that the increase in traffic volume may result in adverse environmental and socio-economic effects.

This increase in heavy oil tanker traffic would intersect areas of critical cultural importance to T’Sou-ke Nation, including water-based small-craft transportation routes between the two T’Sou-ke reserves and critical fishing and foreshore harvesting areas, documented cultural and spiritual areas, and other values. These values are discussed further in Section 4.

16 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Figure 1: Map of Proposed Project Route, and the Study’s LSA and RSA in relation to T’Sou-ke Nation Reserves

Kinder Morgan’s Trans Mountain Expansion Project 17 Figure 2: Map of T’Sou-ke Nation Reserves in relation to the Study’s LSA and RSA

18 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report SECTION 2

T’Sou-ke Nation Background

T’Sou-ke Nation traditional territory is located on the southwestern tip of in and encompasses marine, coastal, and inland areas rich in natural resources. The T’Sou-ke are people, whose presence on the Northwestern Coast of North America has been dated to at least 5,000 years ago (Stein 2000). The T’Sou-ke language is a distinct dialect of Northern Straits Salish, closely related to Saanich, , , , and Semiahmoo (Thompson and Kinkade 1990).

T’Sou-ke oral history passed down through generations recounts the origins of the T’Sou-ke people. A copper box came down from the sky, landing just east of Billings Spit, and four men climbed out. Those four men became the ancestors of the T’Sou-ke, Elwah, Malahat, and Duncan peoples respectively (Suttles 1974). The name T’Sou- ke is derived from a Straits Salish word for a small stickleback fish that is commonly found at the mouth of the Sooke River (Peers and Sooke Region Museum 2004).

In approximately 1848, the attacked the T’Sou-ke, killing all but three of the approximately 300-strong population (Peers and Sooke Region Museum 2004). According to legend, a woman, her son, and niece escaped the attack and, under cover of darkness, killed all but one of the Klallam who remained, thereby regaining their land (Laurie, George, and George 1988). Despite intermarriage with neighbouring Coast Salish communities, the T’Sou-ke population has never returned to what it was before this event.

Traditional Marine and Land Use and Economy

With an abundance of natural resources at their disposal from land, sea, and rivers, Coast Salish communities like the T’Sou-ke experienced some of the highest population densities in North America (Suttles 1987). In the mid 19th century, the Central Coast

Kinder Morgan’s Trans Mountain Expansion Project 19 Salish population was approximately 20,000, with some estimations running much higher than that (Suttles 1981). Harvesting of resources from the sea by fishing, gathering, and hunting was of primary importance, with each particular resource occupying a distinct time period during the yearly cycle. Suttles describes the First Nations of the Northwest as being “not hunters so much as fishermen” (Suttles 1987 p.45). The T’Sou-ke people had a winter camp at Milne’s Landing but would move elsewhere within the territory during the spring and summer to take advantage of seasonal resources such as the important sockeye run (Suttles 1974).

The five species of migratory Pacific salmon (sockeye, coho, chinook or spring, pink, and chum) have always been a major food source for the T’Sou-ke people and continue to play a central role in T’Sou-ke Nation fishing practices. Sockeye are the most important species, and the first sockeye of the year is honoured with a ritual as a mark of respect to this key species (Suttles 1974). Like other Straits people, the T’Sou-ke predominantly utilised reef nets, known as SXOLE, to catch running salmon in open water, deploying nets outside Sooke Harbour southeast from Otter Point to Becher Bay (Suttles 1974). These large nets were made of willow bark twine and suspended between two canoes by a crew of 6-12 men (Suttles 1981). Reef nets could catch thousands of fish a day during the peak of the summer Sockeye run and through drying and smoking, stocks of salmon could be kept for the winter period. Halibut, lingcod, herring, and rockfish were other reliable sources of food throughout the year.

Marine invertebrates including crabs, mussels, sea urchins, cockles, and numerous species of clams were gathered along the shorelines at low tide (Suttles 1974). Marine hunters used nets or harpoons to catch seals and porpoises, which were caught for their meat and oil (Suttles 1974). Black-tailed deer were plentiful on Vancouver Island and were the primary quarry of land-based hunters. Elk and bear were also sought out by hunters although smaller game were largely ignored, except for waterfowl (Suttles 1987).

A number of plants were also gathered for food and medicinal purposes. The camas bulb was an important source of food, as were fruits such as salmonberries and blackberries (Suttles 1974). Such was the dependence on marine resources, however, that Suttles (1987) estimates that, by volume, vegetables accounted for less than 10% of the Straits peoples’ diets. At least 62 different plants were utilised for medicinal purposes but the actual number is thought to be much higher as the Coast Salish closely guarded their knowledge and practice of traditional medicines (Turner and Bell 1971).

Marine resources are still of primary importance to T’Sou-ke Nation members. The harvesting of salmon both in the Strait of Juan de Fuca and in the Sooke River and inland spawning waterways remains an essential activity for contemporary T’Sou- ke members. Gathering seafood along the foreshore also remains a regular activity for many T’Sou-ke members although the health of Sooke Basin clam beds that have been used for generations has been compromised in the last 30 years due to contamination from industrial development (see Section 4.4.3). The use of reef nets has been revitalised in recent years as the technique has been shown to be an

20 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report effective means of both harvesting and monitoring salmon (Anderson 1999).

Early Contact and the

Due to its location on the southern tip of Vancouver Island, T’Sou-ke Nation was one of the earliest First Nations to have extensive contact with early European explorers and colonizers. The first journeys of European explorers such as Vancouver, Barkley, Quimper, and de Eliza into T’Sou-ke territory occurred in the late 18th century. These explorers brought some European influence to the area, including the introduction of potato cultivation (Suttles 1987), but it was the subsequent century that brought major impacts from colonization. The establishment of Fort Langley in 1827 and Fort Victoria in 1843 marked the beginning of significant settlement of Europeans in Coast Salish territory.

Colonial settlement in T’Sou-ke territory began in the late 1840s despite T’Sou-ke not having ceded lands for settlement. Between 1850 and 1852 Vancouver Island’s colonial governor, , made a series of land purchases from the First Nations surrounding Fort Victoria. T’Sou-ke lands were amongst those transferred to the colonial government in those purchases. On 1 May 1850 under the Douglas Treaty, the T’Sou-ke Nation received forty-eight pounds, six shillings and eight pence and 52 blankets for their lands (Aboriginal Affairs and Northern Development Canada 2013). Despite the transfer of all lands except T’Sou-ke village sites and enclosed fields, two of which comprise the present-day T’Sou-ke reserves, the Douglas Treaty text also stated that:

It is also understood that we are at liberty to hunt over the unoccupied lands, and to carry on our fisheries as formerly. (Aboriginal Affairs and Northern Development Canada 2013)

By 1855, when the census ordered by James Douglas was conducted, the village “Soke” had come into existence with a population of 17 settlers (Peers and Sooke Region Museum 2004). In 1877, the Joint Reserve Commission allotted two reserves to the T’Sou-ke Nation: a 26.3 hectare reserve located on the Eastern bank of the mouth of the Sooke river; and a larger 40.9 hectare reserve located outside the Sooke Harbour on the Strait of Juan de Fuca.

The discovery of gold on the in 1858 triggered a massive in-migration of prospectors, who quickly formed the majority of the population in the area as disease epidemics caused a decline in First Nations populations. As a result of this change, the traditional ways of life of all Coast Salish people had been severely impacted by the late 19th century (Suttles 1987). Cultural traditions such as the remained widely practiced until they were banned by an amendment to the Indian Act in 1884.

By the end of the 19th century there were three distinct communities in the Sooke area: Anglo-Scottish settlers; the T’Sou-ke people; and a community of intermarried French-Canadian settlers and T’Sou-ke people. There was also a Hudson’s Bay Company trading post where the T’Sou-ke people traded salmon for other goods and stores.

Kinder Morgan’s Trans Mountain Expansion Project 21 Traditional Ways and the Resource Economy

As settler populations grew rapidly during the course of the 20th century, so too did the resource-based economy. Industries such as commercial fishing were built on the knowledge and expertise of the Coast Salish people and canneries relied heavily on the skill and proficiency of Coast Salish women in processing fish from the salmon runs (Kew 1981).

Despite the rise of the wage economy, many T’Sou-ke Nation members carried on their traditional ways of life. They traded what they gathered, hunted, caught, or made in return for other goods and worked only seasonally. Many First Nations from the British Columbia area travelled south to Washington to pick hops during the late summer. In her memoirs, T’Sou-ke elder Susan Lazzar Johnson gave her account of trading deer skins, drums, and clams while hop-picking in Yakima, Washington:

“My sister Mary got her first wrist watch in 1924 from trading clams – dried clams. They were in a string about a foot long. That’s how she got her first wrist watch. Oh, we was all happy for her. And my dad used to trade for drums.” (Johanneson 1990 p.32)

Recent History

T’Sou-ke participation in the regional economy took place despite the fact that First Nations people were effectively treated as wards of the state under the Indian Act. Identity was controlled through the creation of “status” and “non-status” Indians. The Indian Act meant that many traditional cultural practices essential to building and maintaining family ties, indigenous governance systems, oral histories, and overall cultural continuity were outlawed. The banning of these practices, in particular the potlatch, was deleterious to Coast Salish ways of life, although communities fought to maintain their traditional practices outside of the supervision of the authorities. The cultural, political and economic necessity of the potlatch meant that many underground were held throughout Coast Salish territory despite the threat of arrest and jail. It was not until 1951 that the ban on the potlatch was lifted.

The Indian Act also outlawed traditional structures of governance, deposing hereditary chiefs and forcing communities to elect a chief and council under the supervision of the local Indian agent. Queesto (Charlie Jones) was the last hereditary chief for both the T’Sou-ke and Pacheedaht people in the 1920s. Since then, self-governance in the T’Sou-ke First Nation has been limited to the structures imposed by the Indian Act, dismissing all traditional structures and processes of leadership and governance.

The assimilationist approach of the Indian Act also spread to education, with the introduction of the residential school system. Some T’Sou-ke children were sent to the Roman Catholic-run Kuper Island Industrial School on Island between 1890 and 1975. Children were isolated from their culture and families and punished for speaking their own language as schools deliberately sought to sever links to First Nations beliefs and ways of life and assimilate children into Christian colonial

22 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report society. The social and cultural damage of these schools in First Nations communities was extensive and long-term and has been widely documented (e.g., Grant 1996; Kirmayer, Simpson, and Cargo 2003; Smith, Varcoe, and Edwards 2005; Barnes, Josefowitz, and Cole 2006; Regan 2010; Bombay, Matheson, and Anisman 2011; and Elias et al 2012).

Industrial development within the Sooke Basin has also damaged the ability of T’Sou- ke members to practice traditional ways of life. Contamination has affected members’ ability to gather and consume sensitive marine resources such as shellfish. Until the 1990s waste from the forestry industry, including a sawmill located on the Basin, was the primary source of contamination. In recent years, the presence of sewage effluent in Sooke Harbour and Basin has led to a long-term sanitary closure of both areas for harvesting of bivalves such as mussels and clams (DFO 2013).

T’Sou-ke Today

In 2014, 132 of 258 total registered T’Sou-ke Nation members lived on reserve (Aboriginal Affairs and Northern Development Canada 2015). The majority of community members live on Sia-o-sun, or Reserve No. 2, on the Strait of Juan de Fuca. Band administration offices and the T’Sou-ke pre-school and daycare, Sum-SHA-thut Lellum, are located on Reserve No. 1 in the Sooke Basin (T’Sou-ke Nation 2014).

T’Sou-ke Nation continues to develop and grow in a manner consistent with traditional ways and respect for the land. In 2009, the T’Sou-ke Nation Solar Community Program came online, generating 75KW of electricity for the growing community while having minimal impact on the natural environment. In 2014, construction began on a greenhouse project for the commercial growing of wasabi on T’Sou-ke Nation reserve land (T’Sou-ke Nation 2014). The Nation is also a partner in Salish Straits Seafoods with the Malahat, Snaw-naw-as, Tsawout and Beecher Bay First Nations. T’Sou-ke members are active participants in Tribal Journey canoe events, which celebrate the importance of canoes and inter-community ties in the traditional way of life on the northwest coast. Many of the Tribal Journey canoe routes reproduce traditional travel routes used by Coast Salish ancestors for trading and attending potlatches.

Despite there being no current fluent speakers in the community, a number of initiatives are reviving the language, including the First Voices online education program and the incorporation of SENĆOŦEN language teaching into the T’Sou-ke Sum-SHA-thut Lellum preschool and childcare program. It is important to note that despite these efforts T’Sou-ke knowledge of SENĆOŦEN remains at high risk. Language retention is directly linked to cultural continuity, and the link between cultural loss and social dysfunction has long been known (e.g., Brody 1981). The adverse outcomes of loss of cultural continuity have been researched both qualitatively (e.g., Alfred 2009) and quantitatively (e.g., Chandler and Lalonde 2007; Kirmayer and Valaskakis 2004). The academic literature illustrates that low cultural continuity and self-determination are linked to mental health issues and risk of addictions and suicide (e.g., Chandler and Lalonde 2007; Kirmayer et al. 2007; Loppie-Reading and Wien 2009; and McCormick 1994, 1997, 2000). T’Sou-ke Nation’s vulnerability to loss of cultural continuity should not be underestimated.

Kinder Morgan’s Trans Mountain Expansion Project 23 Current Treaty Negotiations

T’Sou-ke First Nation is a member of the Te’mexw Treaty Association (TTA), alongside the Songhees, Malahat, Nanoose and Sc’ianew (Beecher Bay) First Nations. On behalf of their member Nations, the TTA have been engaged in treaty negotiations with Canada and the Province of British Columbia since 1995. Negotiations of an Agreement in Principle are currently underway – stage 4 of the six-stage BC Treaty Commission process (Province of British Columbia 2015).

As part of the Treaty negotiations, the T’Sou-ke Nation signed an Incremental Treaty Agreement in 2013. This agreement finalized the return of one of two 60-hectare parcels of land sacred to the Nation. The return of the second parcel of land will be completed when a Treaty is finalized.

24 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report SECTION 3

Methods for Data Collection and Analysis

3.1 Valued Components

Data collection and analysis for this Study were organized around four valued components (VCs). A VC is defined as an important aspect of the environment that a project has the potential to affect (Hegmann et al. 1999). VCs may include tangible or biophysical resources (e.g., particular places or species), as well as tangible and intangible social, economic, cultural, health, and knowledge values (e.g., place names, indigenous language, or traditional knowledge regarding a particular area).

For the purpose of this Study, VCs were designed to represent the critical conditions or elements that must be present for the continued practice of T’Sou-ke Nation culture and livelihood that may be impacted by the Project, alone and in combination with other cumulative effects. As such, VCs range from the ability to continue to harvest traditionally used fish species, seafood, and plants on the land, to continued habitation, travel, and cultural activities on the water and land. VCs are also designed to include intangible cultural resources, such as the transmission of knowledge across generations. VCs for the Study are:

• Fishing

• Coastal Gathering and Hunting

• T’Sou-ke Nation Marine Travel

• Cultural Continuity

These VCs were determined during the community scoping meeting (see Section 3.2), and were further refined during data collection and analysis (see Sections 3.3 and 3.4).

Kinder Morgan’s Trans Mountain Expansion Project 25 For the purposes of this Study, “coastal” areas include the foreshore (between the mean low and high water marks), the backshore (above mean high water mark and only exposed to waves under extreme events with high tide and storm surge), the coast (above the backshore), and the coastal hinterland (defined for this Study as a distance 1 km inland, where the ecosystem and T’Sou-ke Nation gathering and hunting practices are closely tied to coastal and marine environments).

3.2 Community Scoping Meeting and Verification Meeting

A community scoping meeting was conducted in the T’Sou-ke Nation Band Administration Hall at the beginning of the Study, on 24 January 2015. Thirteen T’Sou-ke Nation members attended the meeting, which was facilitated by T’Sou-ke Nation staff and councillors and two researchers from the Firelight Group. During the meeting, participants identified key issues and concerns, which were later used to form the VCs for the Study. They also identified key participants who should be interviewed for the Study. Draft methods and timelines were also discussed and adjusted based on community input.

3.3 Mapping Interviews

Mapped and qualitative data was collected for this Study during mapping interviews with 33 T’Sou-ke Nation members between 26 January and 20 February 2015.

Participants were identified by T’Sou-ke Nation members and chief and council. Participant identification codes (in the form T##) were allocated chronologically for each participant.

Most participants were interviewed individually, while two were interviewed together. The majority of interviews took place at the Lazzar Building on T’Sou-ke Reserve No. 1. One interview was conducted in Council Chambers at the T’Sou-ke Band Hall and two at members’ homes. Multiple locations allowed additional people who could not attend interviews at the Lazzar Building to take part in the Study.

Interview and mapping protocols were based on standard techniques (Tobias 2010; DeRoy 2012). All mapping interviews included documentation of prior informed consent (see the form in Appendix 1), and followed a semi-structured format guided by an interview guide (see Appendix 2). All interviews were conducted in English and were recorded using a digital audio recorder.

These interviews were semi-structured, following the interview guide given in Appendix 2, and were designed to explore T’Sou-ke members’ knowledge of the current and trend-over-time state of VCs potentially impacted by the Project (baseline information), and potential impacts on these VCs from the Project (Project interactions). Interviews were recorded and transcribed.

26 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 3.3.1 Mapping interviews: site-specific (mapped) data collection and analysis

For the purpose of this report, site-specific data are T’Sou-ke Nation values that are reported as specific and spatially distinct, and that may be mapped (though exact locations may be considered confidential).

Site-specific data was mapped and managed using a direct-to-digital process, which involved projecting Google Earth imagery of the Project and the surrounding area onto a wall or screen. Data was mapped using points, lines, or polygons geo-referenced at a scale of 1:50,000 or finer.

3.3.1.1 Mapping categories

Maps of site-specific values presented in this report were generated from the data mapped during the interviews. Points were randomized, and a 1 km buffer was generated around each point, line, and polygon in order to account for margin of error and to protect confidential information.

Site-specific data collected and mapped in this Study were organized using five categories that were designed to explore all aspects of the Study’s VCs:

• Cultural/spiritual values (including burial sites, ceremonial areas, and community gathering areas);

• Environmental feature values (including specific highly valued spawning grounds and seasonal runs for salmon);

• Habitation values (including temporary or occasional, and permanent or seasonal, camps and cabins);

• Subsistence values (including fishing sites, seafood collecting areas, and plant collection areas); and

• Transportation values (including water routes, and navigation sites).

3.3.1.2 Spatial boundaries

Data collection focused on a Study area developed in concert with T’Sou-ke Nation knowledge holders. The Study area represents the minimum area of waters and lands within T’Sou-ke territory that knowledge holders identified as being vulnerable to impacts from the proposed Project. The Study area in this report does not directly coincide with the Proponent’s Project area, as upon review by T’Sou-ke knowledge holders and Firelight researchers the Proponent’s Project area was deemed insufficient to accurately reflect the full geographic area of potential impacts. The primary difference between the Study area and the Proponent’s Project area occurs within the RSA, where

Kinder Morgan’s Trans Mountain Expansion Project 27 the Study area extends beyond the shoreline to 1 km inland to address coastal use and impacts. The Study RSA does not include all areas that would be impacted in a worst-case scenario of a major spill, as the spatial scope would extend far beyond 1 km inland within rivers, streams, creeks, and other waterways.

The Study area is comprised of the following areas around the proposed Project:

Footprint: within 250 m of the proposed Project’s incoming and outgoing tanker paths from the port to international waters. Along with cumulative effects, Project effects within this area may be expected to directly interact with T’Sou-ke Nation values;

Local study area (LSA): within 2 km of the proposed Project’s incoming and outgoing tanker paths in the Strait of Juan to Fuca. Along with cumulative effects, Project effects within this area may be expected to directly and indirectly interact with T’Sou- ke Nation values; and

Regional study area (RSA): encompassing the entire Strait of Juan de Fuca and an area within 1 km inland of the Canadian side of the Strait. The RSA is an area within which direct or indirect effects of the proposed Project may be experienced, such as noise, light, contamination, effects on water, and other forms of disturbance. Along with cumulative effects, these Project effects may be expected to directly and indirectly interact with T’Sou-ke Nation values.

See Figures 1 and 2 for maps of the proposed Project and the Study area.

3.3.1.3 Temporal boundaries

The temporal boundaries for baseline data collection include past, current, and planned/ desired future T’Sou-ke Nation knowledge and use. For the purpose of this Study:

• A past value refers to an account of knowledge and use prior to living memory, passed down through oral history to the participant;

• A current value refers to an account of knowledge and use within living memory; and

• A planned/desired future value refers to anticipated or intended knowledge (including knowledge transfer to future generations) or use patterns.

3.3.1.4 Presentation of site-specific data

Maps of site-specific values presented in this report were generated from the data mapped during the interviews. Points were randomized by 250 m. A 1 km buffer was generated around each point, line, and polygon in order to account for margin of error and to protect confidential information.

Data mapped during the interviews are presented in this report in maps for each of

28 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report the four VCs for the Study.

3.3.2 Mapping interviews: qualitative data collection and analysis

Qualitative data were also collected during the mapping interviews. Interview transcripts were coded and analysed using the VCs for the Study as categories. Quotes used in this report were taken from the interview transcripts and coded during this process.

The resulting qualitative data were then considered alongside the site-specific data collected to give qualitative baselines and Project interactions for each VC, cross referenced with site-specific data about locations of particular importance for each VC. This data is presented in Section 4.

Qualitative data presented in this report give essential context to the VCs and site specific data, explaining why they have importance for the community, the current state of that value and how the value has changed over time and why (baseline), and how that value may be impacted by the Project (Project interactions) and other cumulative effects that may interact with Project interactions (in the Planned Development case). For example, a community member may map a subsistence value for a clam collecting site they return to each year (the site-specific value). They may then discuss the importance of that collecting site as a place where they teach their children how to dig for clams and teach oral histories, and also they may describe how use of this clam bed has declined due to contamination (the baseline). They may then go on to explain how the Project may further impact their ability to use that clam collecting site (the Project interactions).

3.4 Existing Baseline Information Sources

Prior to interviews, a review of pre-existing T’Sou-ke Nation baseline information was conducted. Sources included the Te’mexw Treaty Association-sponsored study (Te’mexw Treaty Association 1998-2003), which included:

• 24 interview transcripts from interviews with 9 T’Sou-ke elders conducted between 1997 and 2001. Qualitative data and participants’ quotes from these transcripts are integrated into the findings section of this study, with clear citations; and

• GIS files mapping T’Sou-ke knowledge and use. This data was used to inform the development and analysis for the Firelight Study, but was not integrated into the final GIS data set, and is not therefore included in the maps or data

Kinder Morgan’s Trans Mountain Expansion Project 29 analysis in this report.

3.5 Cumulative Effects Assessment

Section 4 of this report provides an overview, based on the information collected during the mapping interviews and through analysis of existing baseline information sources, of cumulative effects to date currently affecting each of the Study’s VCs. Section 4.8 of this report gives a summary of cumulative impacts and likely future cumulative impacts.

Cumulative effects assessment (CEA) encompasses the combined direct and indirect impacts of an action, project, or activity when added to other existing, planned, and/ or reasonably foreseeable future ones (Hegmann et al. 1999; IFC 2013). Cumulative effects occur when a multitude of discrete decisions are made separately that together, often unintentionally, result in undesirable conditions (Noble 2014). As the BC Forest Practices Board (2011:4) has noted, “A series of individually insignificant effects can accumulate to result in a significant overall effect.”

CEA must be contextual and should encompass a broad spectrum of impacts at different spatial and temporal scales. In this sense, a given impact can potentially be generated at a specific site or moment in time, but consequences may occur in a different geographical area (e.g., downstream) or manifest during a later period (e.g., bioaccumulation).

CEA should also describe the gradual disturbance, fragmentation, and loss of land, habitat, and traditional use areas for Aboriginal peoples. Such incremental effects have occurred and can continue to occur through various activities and projects, such as forestry, increasing industrial pollution, reduced access due to private property, increasing heavy ship traffic, and commercial fishing. Such impacts transcend the “direct area of influence” approach, underscoring the necessity of CEA, as well as the requirement to expand geographical boundaries of impact assessments and the time frame used for environmental assessment (IFC 2013).

An effective and appropriately scaled CEA should not only focus on the characterization of current impacts and risks, but should also include spatial and temporal trends so the prediction of future impacts can be analysed under different industrial development scenarios in combination with project-related impacts (Greig and Duinker 2007). It is also important to note that induced cumulative impacts – direct and spin-off impacts caused by an action, project, or activity – should also be included within an appropriately scaled CEA. An analysis of potential future cumulative impacts is given in Section 4.8.

3.6 Assessment Methodology

Assessing the Project’s residual effects on the Study’s VCs involved:

30 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report • Analysing mitigation measures proposed by the Proponent and the gaps in these mitigation measures outlined by the Proponent;

• Comparing these to Project interactions identified by the Study and assessing how successful the proponent’s mitigation measures would be at addressing these Project interactions;

• Characterizing residual effects of the Project on the Study’s VCs;

• Evaluating the environmental and cultural consequence on each VC from the likely residual effects; and

• Estimating the significance of the environmental and cultural consequence, using defined criteria.

The Assessment methodology is based on the following guidelines:

• Canadian Environmental Assessment Agency (CEAA) Cumulative Effects Assessment Practitioners Guide (Hegmann et al. 1999);

• Environmental Assessment Office’s (EAO) Guideline for the Selection of Valued Components and Assessment of Potential Effects document (EAO 2013); and

• NEB Filing Manual (NEB 2013a).

3.6.1 Residual effects characterization

Residual effects are effects estimated likely to remain following the full implementation of proposed mitigation measures. In this assessment, residual effects are characterized based on a series of criteria, which are listed below.

Direction of an impact may be positive, neutral, or negative with respect to the baseline. For example, a change resulting in increased traditional use would be considered positive, whereas a change resulting in decreased traditional use would be considered negative.

Magnitude describes the intensity or severity of an effect. It is the amount of change in a measurable, perceivable parameter or variable relative to the baseline condition, guideline value, or other defined standard. In the case of effects on T’Sou-ke Nation traditional marine knowledge and use, magnitude is determined based on a qualitative evaluation of likely Project influences on potentially affected VCs (as discussed in the baseline). The factors considered take into account both the estimated Project influence, and the VC context:

• Sensitivity: vulnerability of value or sensitivity to change (high/medium/low);

• Importance: cultural importance (high/medium/low);

• Rarity: rarity of similar values within the LSA/RSA (high/medium/low);

• Community Concern: intensity of likely community concern (high/medium/ low); and

Kinder Morgan’s Trans Mountain Expansion Project 31 • Degree of Change: degree of likely change in use practice (high/medium/low).

Where change is predicted to be indiscernible and not measurable, the magnitude is considered to be negligible. Where change is predicted to be discernible but low in all factors, magnitude is considered to be low. Where change is predicted to be discernible and only one factor is high, magnitude is considered to be moderate. Where change is predicted to be discernible and more than one factor is high, then the magnitude is considered high.

Geographic extent is the spatial area affected by a specific project. Effects that are only within the LSA are considered to be local. Effects extending into the RSA are considered to be regional even if they diminish in magnitude in relation to the distance from their source. Effects that extend outside the RSA are considered to be beyond regional.

Duration refers to the length of time over which an environmental impact is likely to persist. It considers the various phases of a project, including construction, operation, closure, and reclamation during which effects may occur; however, the length of time for the VC to recover from the disturbance is the most important – indeed defining – consideration in effects duration. Effects occurring for 1 year or less are considered short term; effects occurring between 1 and 10 years are considered medium term; and effects extending beyond 10 years are considered long term.

Reversibility indicates the potential for recovery of pre-project patterns or conditions of use and knowledge. Traditional knowledge and use are considered restored only if pre-existing cultural transmission and use patterns are restored. Reversibility is achieved where transmission and use are restored to the point of moving toward a condition that is essentially indistinguishable from pre-existing cultural transmission and use patterns. For this to occur, both the physical/economic and cultural/spiritual relationships between people and the land need to return to pre-existing patterns. Given the importance of intergenerational transmission to the survival of cultural knowledge and cultural landscapes, if an area or resource will be removed from Aboriginal use for one generation (approximately 22 years)3 or more, impacts to the transmission of knowledge regarding that area are considered permanent (irreversible)4. Otherwise the effect is reversible.

Frequency describes how often the effect occurs within a given time period and is classified as low, medium, or high in occurrence. Loss of use or avoidance occurring once per year or less is considered as low frequency. Seasonal effects (intermittent, but possibly lasting for weeks or months) are considered to be of medium frequency. Effects occurring on a daily basis are considered to be of high frequency. The effect does not have to occur continuously for it to be considered high frequency; in the

3 The numeric definition of a generation varies, but is generally estimated as the average age at which a woman has her first child. 22 years is taken as a reasonable estimate. 4 This approach is consistent with that taken in other environmental assessments, and with the well- documented importance of particular places and landscapes to the continuity of Aboriginal knowledge transmission (Basso 1996; Berkes 1999; Palmer 2005).

32 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report context of Aboriginal knowledge and use, high frequency effects are those that may impact harvesting and cultural practices on a daily basis in preferred areas.

Probability refers to the likelihood that a residual effect will occur as the result of the proposed Project. High probability indicates that the residual effect is likely to occur; otherwise there is a low probability.

Context provides a consideration of the vulnerability, fragility, or sensitivity of the receiving valued component to change. Where a valued component is already near or beyond a threshold of significance or otherwise considered fragile, sensitivity is considered high. For the purpose of this assessment, sensitivity, importance, rarity, and degree of community concern regarding the receiving valued component are all aspects of context that are taken into account in determining the magnitude of effect.

3.6.2 Environmental and Cultural Consequence (ECC) Rating

The environmental and cultural consequence rating consolidates the results of the residual effect characterization (direction, magnitude, duration, frequency, geographic extent, reversibility, and context) into one rating that can be considered alongside the significance threshold in the assessment of significance. This is a form of residual effect characterization and is in addition to a threshold-based determination of significance. It allows different components to be compared so that areas of relative potential concern can be identified. This system characterizes effects and identifies a single environmental and cultural consequence rating for anticipated residual impacts (negligible, low, moderate, high, very high). Table 1 shows the range of metrics for a residual effect characterization and the ratings of environmental and cultural consequence.

Kinder Morgan’s Trans Mountain Expansion Project 33 Table 1: Residual effects characterization and Environmental and Cultural Consequence rating system used in the Assessment Residual Effect Characterization Direction Magnitude Geographic extent Duration Reversibility Frequency Probability Context Environmental and Environmental Cultural Consequence Significance Determination Confidenace

Positive Negligible Local Short-term Reversible Low Low Sensitivity, Negligible Significant Low effect importance, <1 years loss of restricted to rarity, and use or the LSA degree of avoidance Medium- community Negative Low Regional Irreversible occurs once High Low Not Medium term concern Significant effect extends per year or regarding beyond the 1 to 10 less the receiving LSA into the years VC Neutral Moderate RSA Moderate High Moderate Beyond Long-term occurs region >10 years intermittently effect extends High High beyond the RSA High

occurs

continuously Very High

34 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Table 1: Residual effects characterization and Environmental and Cultural Consequence rating system used in the 3.6.3 Significance evaluation Assessment Residual Effect Characterization Consistent with good practice (Vanclay 2003; United Nations Public Administration Network 2006), a significance evaluation is provided in this Study for anticipated residual Project effects.

In this assessment, a significant effect on T’Sou-ke traditional marine knowledge and use is considered to be an effect (positive or adverse) that is attributable to the Project (or the Project in combination with other changes including effects of other Direction Magnitude Geographic extent Duration Reversibility Frequency Probability Context Environmental and Environmental Cultural Consequence Significance Determination Confidenace projects, human activities or changes in the environment), which is likely to result in: Positive Negligible Local Short-term Reversible Low Low Sensitivity, Negligible Significant Low effect importance, <1 years loss of • Strong concern or interest by T’Sou-ke members; and restricted to rarity, and use or • Clearly discernible (measurable or perceivable) changes to the preferred the LSA degree of avoidance exercise of a culturally important practice, or land, water, or resource use or Negative Low Medium- Irreversible High community Low Not Medium Regional occurs once right.5 term concern Significant effect extends per year or regarding beyond the 1 to 10 less In the context of T’Sou-ke VCs, significant effects are generally related to a change in the receiving LSA into the years the availability or quality of, or access to, resources (tangible or intangible) important VC Neutral Moderate RSA Moderate High to T’Sou-ke knowledge, use, or rights practice. Moderate Beyond Long-term Significance evaluation is based on post-mitigation residual effects. Significance may occurs region vary when considered at various spatial or social scales (e.g., individual, family, or >10 years intermittently effect extends community). Evaluation is based on impact characterization, which is summarized High High beyond the by the ECC rating, assumes the most sensitive user or receptor (T’Sou-ke family or RSA High sub-group), and is based on an explicit significance threshold. occurs continuously Very High 3.6.4 T’Sou-ke sensitive receptors

Consistent with good EA practice (Vanclay 2003), the assessment is designed to be conservative and is based on the most sensitive receptors or most vulnerable users. In the case of the Project, this is understood to be T’Sou-ke members who rely on lands and waters that lie within the Project RSA, LSA and footprint for meaningful practice of their Treaty and Aboriginal rights and culture.

3.7 Confidence in Predictions

This report offers predictions of Project interactions and their level of severity and significance. An indication of the level of certainty for these predictions is also provided (see Hegmann et al. 1999). High levels of confidence require strong and relevant primary data collected with knowledgeable community members. Lower levels of confidence result from predictions based on professional judgments made without the benefit

5 This definition, including consideration of measurable or perceivable effect, is similar to qualitative thresholds used in other environmental assessments and is consistent with good practice described in the CEAA’s Cumulative Impact Assessment Practitioner’s Guide (Hegmann et al. 1999).

Kinder Morgan’s Trans Mountain Expansion Project 35 of strong and relevant primary or secondary data sources. For the purpose of this report, confidence in predictions is assigned based on the following three categories:

• Low: Predictions are based primarily on professional judgment with limited available secondary or primary information to inform them;

• Medium: Predictions are based on combined professional judgment and/or secondary data analysis, with primary information limited due to the extent of primary research available or the level of community representativeness among research participants; and

• High: Predictions are based on professional judgment supported by all of the following:

o Strong primary information (including mapping at 1:50,000 or better) conducted with a reliable sample; and

o Operational-level studies involving field visits with knowledge holders, strong Project information, and extensive support from relevant secondary literature (e.g., case studies).

36 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report SECTION 4

Findings

4.1 Overview: T’Sou-ke Knowledge and Use of Marine and Coastal Resources

As described in Section 2, the T’Sou-ke people are a marine-based nation. Their way of life depends on a deep, intimate knowledge and use of the marine ecosystem. From an early age T’Sou-ke Nation members learn everything from ocean currents, to seasonal bird migrations, to where to find and harvest species. Members noted the T’Sou-ke adage: “It’s true that when the tide is out the table is set” (e.g., T05, 28 Jan 2015) when describing what the marine environment means to their lives.

This intimate knowledge and use of the sea was complemented by use of rivers and streams flowing into the marine environment, where T’Sou-ke people would catch freshwater fish, and seasonally harvest the large runs of salmon heading upriver from the sea. Land resources, including berries and plants growing along the coast, and animals and birds hunted and trapped along the coast and further inland, were also important to T’Sou-ke Nation diets. T’Sou-ke members see the marine and inland ecosystems as intimately connected.

The marine ecosystem was vital to T’Sou-ke Nation subsistence and culture, and remains so today.

I mean, it’s our livelihood. ...It’s a key element in our diet, is our seafood, shellfish. Everything. All the way to the plants and medicinal plants and berries and everything in our ecosystem, in our territory. (T07, 29 Jan 2015)

Every inch of this country I’ve been on! There isn’t an inch of our T’Sou-ke territory that my brother and I haven’t been on. We’ve walked it, we’ve hunted, we’ve fished it—that’s up in the territory, in the hills but on the water, all the way from Race Rock

Kinder Morgan’s Trans Mountain Expansion Project 37 all the way to Port Renfrew there—we fished. (T05, 28 Jan 2015)

VCs for this Study were designed to explore T’Sou-ke Nation knowledge and use of the marine and coastal environment, as this the aspect of T’Sou-ke Nation livelihoods that is most likely to be impacted by Project interactions. VC’s for the Study are:

• Fishing

• Coastal Gathering and Hunting

• T’Sou-ke Nation Marine Travel

• Cultural Continuity

This section provides site-specific data, baseline information, and potential project interactions for each of these VCs. At the end of the section we focus on concerns about – and potential effects of – a catastrophic oil spill, as this is an overarching issue for T’Sou-ke Nation members.

4.2 Overview of Site-Specific Findings

Study site-specific (mapped) data clearly indicate an exceptionally high level of T’Sou- ke Nation use and cultural practice within the Study area, including high numbers of sites recorded as well as high numbers of reporters. Use is reported from 1930 to 2014, including harvesting sites returned to annually for generations. Qualitative data gathered during interviews further documents and provides context for the intensive use reported in the mapped data.

T’Sou-ke Nation members’ use extends throughout the Study area, with use reported throughout the Project footprint, LSA, and RSA. Table 2 and Figure 3 provide an overview of all values mapped within the Study area. These values are discussed further in Sections 4.3, 4.4, 4.5, and 4.6.

Table 2: Reported T’Sou-ke Nation site-specific use values within the Study footprint, LSA, and RSA by activity class Reported Values in the Reported Values in the Reported Values in the Activity Class Study Footprint Study LSA Study RSA # of values # of values # of values Cultural/Spiritual 2 3 260 Environmental 0 0 26 Habitation 0 0 97 Subsistence 13 28 842 Transportation 13 17 85 TOTAL: 28 48 1,310

38 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Figure 3: Reported T’Sou-ke Nation site-specific use values within the Study footprint, LSA, and RSA by activity class

Kinder Morgan’s Trans Mountain Expansion Project 39 4.3 Fishing Valued Component

Fishing in both marine and freshwater environments was determined to be an important VC for this Study.

4.3.1 Site-specific data

T’Sou-ke Nation participants mapped 333 site-specific values for the Fishing VC in the Study area. Detail on the values mapped is given below. Proportions of species mapped are presented in Figure 4, and these values are displayed on maps in Figures 5 and 6. Geographic distribution of values mapped is given in a heat map in Figure 7.

Within the project footprint and LSA

T’Sou-ke members reported the following subsistence values.

• In the Juan de Fuca Strait, fishing for lingcod, halibut, dogfish, herring, and five Pacific salmon species (coho, spring, pink, chum, and sockeye).

In the RSA

T’Sou-ke members reported the following subsistence values.

• Sooke Harbour and Sooke Basin comprise a very heavily used area, in which many T’Sou-ke participants reported:

o Fishing for anchovies and herring in the past (1980s and 1990s);

o Ongoing fishing for salmon (chum and coho), perch, flounder, steelhead, and cutthroat trout; and

o Setting shrimp and crab traps (included here in the Fishing VC as these activities take place off-shore).

• The Sooke River, De Mamiel Creek, and Ayum Creek (formerly Stoney Creek) are heavily used for subsistence fishing with many T’Sou-ke Nation members reporting that they gaff, net, and fish (using rod and reel and sometimes grabbing fish by hand) for salmon (coho, spring, chinook and chum) and trout (steelhead, cutthroat, and rainbow).

• In the Sooke River, T’Sou-ke Nation members reported jigging for herring in the past (herring are no longer found in the Harbour and Basin).

• In the Juan de Fuca Strait (and surrounding bays), T’Sou-ke members use the entire length of the Strait, from Race Rocks to Stanley Beach. Use is especially intensive between Race Rocks and China Beach. Members reported trapping crab, fishing rock cod, and using fish traps. Many members report travelling to Port Renfrew annually to harvest smelt. T’Sou-ke Nation members also report gaffing for salmon in some small rivers along the Strait.

40 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report T’Sou-ke members also reported environmental features related to fishing knowledge and use, including:

• In the Sooke Harbour and Sooke Basin, spawning areas for herring and anchovies, salmon resting and rearing habitat, and a shrimp nursery;

• In the Sooke River, large populations of salmon;

• In the Juan de Fuca Strait, Puget Sound crab (also called box crab) populations in front of Sia-o-sun (Reserve No. 2), and lingcod spawning areas.

Figure 4: Species of reported T’Sou-ke Nation site-specific Fish Harvesting Values in the Study area

Kinder Morgan’s Trans Mountain Expansion Project 41 Figure 5: Reported T’Sou-ke Nation site-specific use values for the Fishing VC, within the Study footprint, LSA, and RSA

42 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Figure 6: Close-up view of reported T’Sou-ke Nation site-specific use values for the Fishing VC, within the Study footprint, LSA, and RSA

Kinder Morgan’s Trans Mountain Expansion Project 43 Figure 7: Heat map showing the geographic distribution of site-specific values mapped for the Fishing VC in the Study area.

44 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 4.3.2 Baseline

T’Sou-ke knowledge holders interviewed for the Study highlighted the importance of fishing for the T’Sou-ke people and reported that they and their ancestors have been fishing the waters of southern Vancouver Island and beyond for thousands of years. Fishing provides the foundation of the T’Sou-ke way of life and informs how they operate in the larger world.

That’s who we are – T’Sou-ke Nation – we’re saltwater people, and fishing is our way of life – how we have sustained our community – our families and our community, as far back as history goes back. (T07, 29 Jan 2015)

But my grandfather had a trap there, right off Sai-o-sun, where the kelp was—come off—...and he’d cut the kelp—a trail—and he had a net made of thistle, and he’d put it out, and as the salmon came to Sooke Bay and up along the beach, it’d hit the kelp right here and they find a trail, eh? And he had his canoe across there and as they came through, he’d spear them! All big spring salmon! And he’d get enough fish for the village, and when he got enough, he’d harvest them, put them in the canoe right near Victoria, and sold them! That was before my time—my great-grandfather did that. He had a trap there. His fish trap—his own. They made their own nets out of thistle. (T05, 13 Feb 2015)

I grew up fishing – that was our sustenance. Like, that’s how we ate. (T25, 7 Feb 2015)

Members also highlighted the importance of their traditional right to harvest fish from their territory, using both traditional and modified harvesting methods.

I fish the way my ancestors told me how and when we can fish and when not, and we have a treaty, and I can fish year round, hunt year round, and I stick to that and they can’t do anything to me about it. … I’m doing what my ancestors handed down to me to do, and I’m handing it down to my family and their families to do it. How we fish and when we fish … we fish year round! We don’t have a date and time—we fish by the moon and the tide, in a nice tide, when the weather’s good and the moon is high—you know, you don’t go by looking at the calendar you look at the sky and moon and the tide—that’s how we fish. (T05, 13 Feb 2015)

Salmon up the river. ... Walk into the water and grab them by their tails!... Right up until the end of the ‘80s, then I started using a dip net, because Fisheries didn’t really like you walking around in the river because of disturbing the stuff it’s like, “Ah, come on—we’ve been doing it forever!” (T06, 28 Jan 2015)

Many participants remembered going out on a fishing boat with a relative starting when they were young children, or fishing alongside parents and siblings in order to learn family fishing spots and how to catch and process fish.

What little boy doesn’t love fishing? ... Mmhmm. It’s bringing a lot of good

Kinder Morgan’s Trans Mountain Expansion Project 45 memories back. Learning how to dress a fish when we were just little kids. (chuckles)... We used to – on my dad’s boat – shove the hose—the deck hose—before he’d cut it open and dress it— You just shove the hose in its mouth and they regurgitate back what’s in their stomach, and you can see what they’re eating. What colours were working, then you’d change your fishing gear accordingly, right, to what they’re biting. (T07, 29 Jan 2015)

It [knowledge about fishing and fishing areas] has been in the family – like, my dad has taught me. My uncles and cousins have taught me. And of course, it’s been passed down through generations and generations right, because, you know you’re a kid and you get brought up by your parents and shown how to fish. (T07, 29 Jan 2015)

We used to run out of bait—worms, and this was when I learned a little more… when I was doing the rainbow trout and fishing on the [Sooke] river, my brothers and sister would show me what to use and sometimes it would be a salmonberry or a worm, and then there were certain types of little tiny bugs on the rocks of the river, they used to pick up off the rocks that used to stick to the rocks. From the river, we learned about these little bugs on the rocks, and they’d grow certain things on their bodies to cover themselves, and the little tiny trout would just love to eat them after you peeled the stuff off the bait. (T21, 13 Feb 2015)

T’Sou-ke knowledge holders described in detail harvesting salmon during the fall salmon runs, noting the importance of the activity not only to get enough fish to see families through the winter, but also as a communal event where they spent time learning and interacting with their entire family.

[Chum salmon] …the ones that Mom told me were called mu-thriqt’, well, they were the first to come in, in the harbour… And they’d come in, oh, I guess, around mid-September, towards the end of that. Between mid-September and the end. They’d come in early and they’d start jumping just outside the flats. And she’d say to me, “Oh, sonny, look! The mu-thriqt’ is coming in!” And then, they were the forerunners. They were all chum salmon. But they… they were the ones that arrived first. (T37, 12 July 1997)

When we were kids, we’d go down to Stoney Creek... We’d go down there when we were about, you know, 12, 13. ...We’d go down to the creek and grab him some fish. And we didn’t even have a net. We used to do it the old traditional way. You have a pole and a hook and you stick it in and the hook would be on the string, and you pull it out and it’d be in its gill and you just pull it in. That’s the old traditional way we were taught. (T04, 27 Jan 2015)

We used to go in the river - run up the river - and the men or the older boys would gaff them we would just grab them by the tails from the river and caught them it was fun. Then we would all go to my grandpa’s and we would have like the assembly line clean them fillet them or whatever salt them. Then we would hang them in the smoke house. Everybody got their fish. (T27, 18 Feb 2015)

46 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Lots and lots [of salmon in the run]—there were so many of them—we didn’t have to worry about our food for the year, because there was always so much fish! (T12, 10 Feb 2015)

The number of salmon available to harvest for T’Sou-ke members remains of critical importance because the Nation runs an active food fish program where it provides salmon to its members. This is particularly important for elders and other members who can no longer get out to fish themselves. One elder described the T’Sou-ke food fish program in the following way:

Food fish is when the band has a boat when they go out fishing to get fish for all of the band members. ... And they distribute them – that’s food fish. And they bring around – like you might get five or six salmon or whatever, and they bring that to you and you can freeze it or can it or whatever you like to do with it. (T02, 27 Jan 2015)

In addition to salmon, T’Sou-ke members discussed the importance of a number of other fish species, including halibut, mackerel, steelhead, herring, trout, smelt, flounder, and cod.

[Halibut] is a great delicacy. They [T’Sou-ke Nation members] bartered… If I wanted a 100 halibut from this village this is what we would do. We would go and get them, fillet them all out and smoke them and make jerky. Oh, smoked are they good. They would last for the rest of the year. Each of these things had a purpose. You just did not go for halibut because of the spirit moved you or because you liked the sport of it. No – at a certain time you caught the amount of halibut you needed - not just one or two. You caught as much as you needed for parties. It was the ladies who would dictate to you how much you needed… everything was preserved with winter in mind. (T37, 21 February 1997)

Smelt’s pretty well on the whole of the west coast of Vancouver Island. There are some occurring on the East coast, which I have heard about but on the west coast along the sandy beaches. The finer the sand, the better they like it. They seem to prefer the white sand beach to do their spawning. When I was a child, there were so many smelt it was unreal. We used to use a dip net where you would dip the smelt at they were breaking on the shore. If you would pick the rights swells at the right time, they would break right into your dip net. We would fill the canoe. (T37, 21 February 1997)

4.3.3 Existing impacts

Although salmon still holds pride of place in T’Sou-ke fishing activities and remains a staple food source, many T’Sou-ke knowledge holders noted that salmon numbers have decreased since they were children and that this decrease is of serious concern to the Nation.

[about the “Spring Salmon Place” by the Sooke Potholes] You used to be

Kinder Morgan’s Trans Mountain Expansion Project 47 able to walk on them in the river—they were so dense. You could almost walk across the river on them. Now they’re just so sparse, few, and very little of them, you know, as the numbers of—from DFO will state, that it’s just a steady decline. Even with efforts from fish hatchery and fish rehabilitation projects and stuff, it’s hard—it’s hard to keep the numbers up. ...Not like it was when I was a kid. There were so many of them when I was a kid. (T07, 29 Jan 2015)

Fish species such as flounder and herring have also disappeared from the harbour and basin where they were once plentiful.

They’re gone now—you don’t see very many flounder anymore. I don’t know what killed them all, but there are just no more there. ...They were in the river there, yeah. ...I don’t know what year it was, but my brother and I were coming off the river in the canoe, my older brother, and we saw a young flounder, and he was happy to see it, “They’re coming back!” We haven’t seen them for a long time, eh? Because there were so many flounder, but we see the young one in there, and so he was happy to see that... There used to be herring in the river, too, at this spot—they’re gone too. (T05, 28 Jan 2015)

T’Sou-ke members report that declines in some fish species are due to overfishing in the area.

We would use them [Sooke area/Donaldson Island area] if there was any fish there but the white people found out about it and they come and rubbed them out. Overfished them. (T05, 17 February (year unknown))

Industrial development inland was also reported to be a cause of declines in coastal fish species, particularly at river mouths where pollution is carried into coastal waters.

When I was a child, on this whole flat here, the Sooke River flat… When they hydraulic mined that… that upstream, that killed everything off. … Killed all the flounders. Every one of them! Killed all the - I have never seen a flounder in twenty years down there. (T37, 7 December 1997)

T’Sou-ke members also reported that changes to fishery regulations have also negatively impacted T’Sou-ke fishing rights and access.

Fisheries put regulations on and they’ve been getting stricter, and quota restrictions and everything. So yeah, DFO has been a contributing factor to the decline of the traditional way of life and commercial way of life of First Nations – our people – and all other First Nations around the whole island. ...And mainland. (T07, 29 Jan 2015)

4.3.4 Project interactions

T’Sou-ke Nation knowledge holders highlighted a number of project interactions that could impact the Fishing VC.

T’Sou-ke Nation members noted that the predicted increase in ship traffic could

48 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report adversely impact salmon and other marine species by further congesting salmon migration paths and reducing the available habitat for other species.

But our traditional grounds, like the abalone and the octopus and the lingcod and stuff here, and then our salmon that comes up through there. They come from this ocean here – our sockeye – and they come up the river. So if they started having more traffic coming in with the big tankers coming in through there, it would probably throw them off course, I would think. (T12, 11 Feb 2015)

We’ve got enough boat traffic out there with all the sport boats and whatnot. There’s still some bigger commercial boats out there, and yeah, the increased tankers would affect more the salmon, I guess. ... Speaking in the non-spill sense. (T07, 29 Jan 2015)

T’Sou-ke participants expressed concern about contamination from increased industrial pollution from increased tanker traffic, including garbage, fuel leaks, and ballast water.

I think it’s a real shame. I don’t like it one bit. I think it’s – So, it’s very shameful that they’re going to ruin the ocean life. And I think the ocean life will never, ever be the same. ... ‘Cause it’s not going to just affect exactly where that red line is [the tanker route on the map], it’s going to be spread out and affect a big area. And then, you know, there’s lots of pollution and garbage and stuff wherever those big tankers are – there’s lots of garbage and everything going into the water. Not only oil. ... Not only that [oil] – there’s so much garbage and everything off of those tankers and everything that I think it’s really bad for the sea life. (T02, 27 Jan 2015)

And the other thing too, is they come in here from across the world and they empty their ballast water right around here, and then all of that – that’s infected and screwed up and it goes up on the beach and you don’t know what’s there. And that’s crazy to think that they’re allowed to bring this water all across the world and dump it! (T33, 20 Feb 2015)

As discussed further in Section 4.7, T’Sou-ke members expressed serious concerns about the impacts of an oil spill, even a small leak from a tanker, and the impacts on their fishing rights, livelihood, and culture.

The ocean would be devastated from the pollution because, you know, the rockfish eat so many other types of the smaller fish, right? And… if a spill were to occur it would kill the smaller surface fish and that would extend into the water column and affect all the other fish and all the species would die off and devastate it (T07, 29 Jan 2015)

They’re going to make the tanker traffic tenfold – it’s just going to be crazy stupid, in my opinion. ... Well, of course. What if something happens? We fish from here – we fish all the way up the coast and – I don’t know. It’s weird. It’s kind of like what happened in Mexico. It wasn’t a tanker spill, but still oil seeping all over the place and wiped out all their fishery down there pretty

Kinder Morgan’s Trans Mountain Expansion Project 49 much. Sort of wiped it out. And what happened in Alaska – that was 20 years ago. That’s more like down here. That would be just terrible. So I’m totally opposed to this increased tanker traffic… it’ll wreck our coast – that’s what’s going to happen sooner or later. (T04, 27 Jan 2015)

That’s another argument we got about—if we ever have a spill with these tankers coming through, it would spill oil, and all along these beaches here is where the fish spawn their eggs, eh? The cod, the lingcod they lay their eggs on the rock. So, any spill that comes in will just wipe that all out. There’d be nothing anymore. (T05, 13 Feb 2015)

We fished in this harbour all our life. I mean, we live here – this is our life, man. You know, it would be crazy to see some shipwreck full of oil coming here to wipe this all out. (T04, 27 Jan 2015)

It’s scary to imagine what life would be without salmon as a part of our diet—a part of our life—a part of it being on our planet if the salmon were to never return—if they never made a comeback. You know, if there was an oil spill or something it would wipe out our ecosystem. It’s already at a critical breaking point as it is. They’re already suffering enough from the effects of over-fishing, the effects of the environment, the effects from logging, the effects from just civilization, population, pollution from the land. There’s tons of reasons why there’s a decline of fish. The fisheries, sport fisheries, you have pollution – there’s so many contributing factors. And then obviously the predators as well have to eat the fish and stuff as well, right? Yeah, they’re getting close to the critical point of no return, right? (T07, 29 Jan 2015)

4.4 Coastal Gathering and Hunting Knowledge and Use Valued Component

Gathering and hunting for food and other resources in coastal areas was determined to be an important VC for this study. For the purposes of this Study, coastal areas include the foreshore (between the mean low and high water marks), the backshore (above mean high water mark and only exposed to waves under extreme events with high tide and storm surge), the coast (above the backshore), and the coastal hinterland (defined for this Study as a distance 1 km inland where the ecosystem and T’Sou-ke Nation gathering and hunting practices are closely tied to coastal and marine environments).

4.4.1 Site-specific data

T’Sou-ke Nation participants mapped 534 site-specific values for the Coastal Gathering and Hunting VC in the Study area. Detail on the values mapped is given below. Proportions of species mapped are presented in Figure 8, and these values

50 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report are displayed on the maps in Figures 9 and 10.

In the RSA

T’Sou-ke members reported the following subsistence values:

• The foreshore of Sooke Harbour and Sooke Basin comprise a very heavily used area where many T’Sou-ke members reported:

o Intensive clam harvesting (including butter clams, manila clams, littleneck clams, and cockles);

o Collecting oysters and mussels, and raking crabs;

o An oyster farm that the T’Sou-ke Nation is establishing in the basin; and

o Hunting ducks and geese.

• Around the coast and coastal hinterland of Sooke Harbour and Sooke Basin, T’Sou-ke Nation Members reported:

o Picking berries (including blackberries, blueberries, Oregon grapes, salmon berries, salal berries, thimbleberries, strawberries, and black caps);

o Picking sweet grass; and

o Collecting firewood.

• In the Sooke River, T’Sou-ke Nation members reported herring roe and crayfish harvesting, and hunting harbour seals.

• In the foreshore areas of Juan de Fuca Strait and surrounding bays, T’Sou-ke Nation members report harvesting an extremely large quantity and wide variety of shellfish and seafood including rock stickers, limpets, mussels, oysters, gooseneck barnacles, sea urchins, sea cucumber, scallops, abalone, clams (manila clams, littleneck clams, butter clams, gooey duck clams and cockles), kelp, crab, octopus, and squid.

• On the coast and coastal hinterland areas of Juan de Fuca Strait and surrounding bays, T’Sou-ke Nation members reported:

o Harvesting berries (including salmon berries, salal berries, trailing blackberries, blackberries, huckleberries, blueberries, Oregon grapes, thimble berries, red caps, and black caps)

o Harvesting other plants (salmon berry shoots and rhubarb); and

o Trapping mink, raccoon, and sea otter along a beach near Point No Point.

T’Sou-ke members reported environmental features related to coastal gathering and hunting knowledge and use, including:

Kinder Morgan’s Trans Mountain Expansion Project 51 • On the coast of Sooke Harbour and Sooke Basin, sightings of bear and elk;

• On the coast near Sia-o-sun (Reserve No. 2), deer habitat and a T’Sou-ke Nation hunting area; and

• In the foreshore area near Sia-o-sun, abalone habitat and octopus sightings.

Figure 8: Reported T’Sou-ke Nation site-specific subsistence Coastal Harvesting and Hunting Values

52 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Figure 9: Reported T’Sou-ke Nation site-specific use values for the Coastal Harvesting and Hunting VC, within the Project’s footprint, LSA, and RSA

Kinder Morgan’s Trans Mountain Expansion Project 53 Figure 10: Close-up view of reported T’Sou-ke Nation site-specific use values for the Coastal Harvesting and Hunting VC, within the Project’s footprint, LSA, and RSA

54 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 4.4.2 Baseline

Alongside fishing, harvesting seafood in coastal areas – particularly on the foreshore – is at the core of T’Sou-ke culture. T’Sou-ke Nation knowledge holders reported a high level of use and reliance on coastal resources for both subsistence and cultural activities, with the strongest concentration in the Sooke Harbour and Basin area, but with values trending primarily to the northwest as a far as Port Renfrew.

T’Sou-ke Nation members highlighted the importance of the wide variety of foodstuffs they have access to along the foreshore and coastal area in the Study area. Harvesting clams, mussels, octopus, and other shellfish on the foreshore, as well as berries growing above the beach, is a regular, common activity amongst the majority of Study participants. T’Sou-ke Nation members reported the importance of being able to harvest food themselves rather than having to rely on food from the store, for economic and health reasons.

When we first started going, we’d go in a big canoe from the river when the tide was going out, and my mother and the George family—was four or five of us—and I was only about 10 years old. They would paddle out in the big canoe, and we’d go out and camp on the beach, and they’d harvest all the seafood they wanted while we were there ...There were little ones and big ones and everything else there. It was low tide. ... All food fish there. ... Everything that was there—that’s what we had. ...Rock stickers, urchins... Octopus... We’d gather up the seaweed too, eh? You know, take the seaweed and dry it out? They used to commercial sell it. (T05, 28 Jan 2015)

But the seafood around this area and these shores of our traditional land, all that food is very important. I think it’s very important for us, because we can get a lot of different types of food from this area. (T02, 27 Jan 2015)

Why is it important? With the seafood and the wildlife that is in this area? That’s our traditional foods. I mean, we might as well enjoy it. It beats going to the grocery store. You know, if you can go out and collect it by yourself then you’re saving thousands of dollars a year, you know? And, it’s all good for you. (T23, 16 Feb 2015)

[Harvesting seafood is] Very important to me. If I ever had to prioritize things in my life, that would be at the top. All of what I was able to do and eat. Very important. (T16, 11 Feb 2015)

There are many things that you can eat that are still living on the beach throughout the winter. You could sit there for a week and just be fine. (T32, 20 Feb 2015)

When I was a kid. There was nothing there [Reserve no. 2 in the 1960s] —it was just a bush and you’d go through a trail off of—somewhere back here off of Wright Road, there was a trail—we’d come with our grandparents, and we’d go pick berries. It was all flat—there were no big trees or anything in there and we’d get berries and go to the beach. (T06, 28 Jan 2015)

Kinder Morgan’s Trans Mountain Expansion Project 55 The foreshore serves as a place not only to gather foodstuffs but also to maintain family ties and teach T’Sou-ke knowledge and cultural practices to younger generations. Many T’Sou-ke participants recounted learning to dig clams on the foreshore from an early age, some as soon as they were old enough to walk. Members would gather clams not only for family consumption but also as an important source of additional income.

We did butter clams – me and my brother... I did it in the evening when I—I didn’t do it school days. In the evening in the wintertime. We’d dig about 1000 lb of butter clams a night. And then we’d take them to the plants, and we’d shuck them until whatever—they wanted the meat, right? And so we’d stay up late doing that and then we’d get up and go to school and when the evening time came around we’d go back and dig clams. (T13, 10 Feb 2015)

My Uncle Joe, when I was just a boy, like when Gran used to take us – My Gran used to live across the river then, and we’d go clam digging. He’d say, let’s go clam digging, and we’d say, “Okay, what we need? Is it digging?” He’d say, “Just bring a bucket.” The highest tide of the year at the river – we’d just take a bucket with us, and all the cockles they’d just wash up to the sand. And all we’d do is just pick them up. There was no digging – we’d just pick them up. (T13, 10 Feb 2015)

In addition to the shellfish gathered along the foreshore, octopus is also a preferred species. It is considered a delicacy and is often shared with elders when found. Members described learning how to find and capture an octopus or to know when to watch for storms that would wash fresh octopus up on the beaches.

Probably—I learned at a young age to go down there and harvest seafood, and as I got older, I learned more about the ecosystem on our beach, and what we can and can’t harvest. I think I was probably 8 or 9 when I learned how to catch the octopus. Yeah. So I used to catch octopus and give them to the elders and older band members. (T17, 11 Feb 2015)

That’s what my late father used to say to us, “Walk along the beach, people…” Or, “Young children of mine.” He said, “If you ever see a bunch of birds gathering on the beach, there’s an octopus.” And that’s the fondest memory. We used to get the octopus for him. There used to be four to six of us going out there basically at the same time, and that’s when we first learned about what was octopus. (T21, 13 Feb 2015)

The octopus they live all along around here. I can[‘t] say one specific place – they are all over the place. But that is how we got our octopus. There are way to – my uncle use to catch them out here-my uncle [personal name] when we use to go and catch rockstickers - get rockstickers. You could tell where the octopus lived in the rock because there would be a hole and the octopus would grab onto the stick and he would pull him out. (T36, 13 February 1997)

T’Sou-ke knowledge holders, particularly elders, also reported that hunting and trapping waterfowl is important for T’Sou-ke Nation subsistence and culture, and that

56 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report trapping ducks – versus shooting them – was a longstanding harvesting method for the T’Sou-ke people. T’Sou-ke members also reported coming up with unique ways to harvest ducks when firearm restrictions came into place.

My brother Frank and I, we put a duck trap up—oh, maybe 10 years ago—and we’d catch a lot in there. That’s when you couldn’t shoot any more in the bay, so we put a trap up, and we were trapping these nice mallards and pintail—all the nice birds that come on the flats? Eating the grass there—we put a net up, and as soon as they were all eating, I’d cut our net around them, and we’d go and harvest them! And I guess the game warden found out what we were doing, and he came and took it away—our trap! My brother got mad, “I’ll fix them!” he said! So he phoned him, and he really ripped into him, “You stole my trap!” ... People have been doing that for years! And the journals, when the white man first came in, settlers came in to the Sooke Harbour, they wrote in the journals that the Indians had traps—nets up to catch the ducks. So, that gives us the right, right there to trap the ducks anytime we want! To this day, we can trap ducks in here when we want to. (T05, 13 Feb 2015)

Ever since I was a little guy we always relied on ducks especially when I was living with my grandmother. Since I was big enough I helped pick the ducks — pluck the ducks I guess you call it. And I remember my granny always saving the feathers and the down. She made comforters as well as feather beds. She always had big feather beds — I liked that part. (T36, 18 February 1997)

T’Sou-ke members also reported the importance of seal hunting, and the importance of seal oil as a food source.

On the weekends — I would say every weekend, he would bring one [seal] home and granny would render the oil down for seal oil. Just like they do with oolichan grease. We would use the oil for our smoked salmon. You would dip the salmon into the oil and eat it. My uncle Danny had the wooden bowl I guess cedar — made out of cedar. It was really fancy — a pretty thing. It was about a foot long I guess and in the shape-shape on an animal. A whale or whatever. It had a bowl built into the back of it and you put the oil in there- dip I guess. It was a pretty thing. (T36, 13 February 1997)

4.4.3 Existing impacts

Until relatively recently, T’Sou-ke Nation members relied on the ability to harvest an abundance of clams from the inner harbor, Sooke Basin and the flats just across from Reserve No. 1. Clams remain an important, and much loved, food resource. However, areas where T’Sou-ke members can dig for clams have been reduced. As housing in the area grew and industrial forest activity increased – particularly the Sooke Forest Products mill located in Cooper’s Cove until the late 1980s – traditional T’Sou-ke clam beds were contaminated and almost destroyed. T’Sou-ke members describe the area as a once abundant area where they could easily access clean, healthy, and plentiful clams for subsistence and commercial sale.

Kinder Morgan’s Trans Mountain Expansion Project 57 In the [Sooke] flats—do you see the flats there? It was all clams and oysters there—when the tide goes out, there was all beach for you to go in... Oh, yeah!... Butter clams mostly in them days. My mother would boil them up and dry them, you know? Keep them all winter, yeah. They were the best clams I ever ate, but now they’re all polluted! So we don’t get the butter clams anymore. Any clams we get have got to go through the depuration plant so it’s pretty hard to get clams nowadays. (T05, 28 Jan 2015)

But the mill came in [at Coopers Cove] and destroyed everything... Oh, yeah—I remember [before], I could see the nice beach, eh? With clamshells on the beach, and they’d turn white—bleached in the sun, eh? The whole beach was white. Pure. That’s before the pollution came in and spoiled everything. (T05, 28 Jan 2015)

Back in the day, I could dig all those beaches. But now they’re all shut down – every one of the beaches that I dug on. Roche Cove, Anderson Cove, all the way up to Cooper’s Cove... But now everything’s all polluted and you can’t do that anymore. Those days are done. (T13, 10 Feb 2015)

When the elders want a feed of clams, you can’t get them a feed of clams now unless you, you really got to go to where they’re not polluted. At one time it was so easy to get all our clams in this area, but now you can’t even get them. (T05, 17 February (year unknown)).

She used to smoke the butter clams on the long cedar strings-they were nice (laughs). For the wintertime. We we also dug clams for the market-for sale commercial I guess. That was when I was older. But now it is all polluted there is no clam digging whatsoever. (T36, 13 February 1997)

Some T’Sou-ke members who still turn and maintain clam tenures in the Sooke Basin noted that the clams are just starting to come back. However, they expressed concern that potential contamination from the proposed Project, either from increased traffic or a major spill, would reverse the somewhat positive trend they see.

Yeah—just like my dad used to do—we used to keep the beaches well turned, and there were lots and lots of clams at one time, and when Fisheries came in and shut it down, it was just really sad to see them all die off because I used to walk out to the beaches, and some parts of the beach—even down here at the end of Billings Spit here—you were up to your knees in sludge when the fish farm and the mill were there. And the mill—that mill gave off a lot of dioxins at one time. Between that and the fish farm, it just about wiped out our clams, and then I got back out there, and I was starting to turn the beaches over—Tom and I and Mike—and we see a lot of baby ones coming back now. The beaches are coming back really good now. (T12, 11 Feb 2015)

I think it [the Project] would affect us in the future, because right now as our beaches are starting to come back, we don’t need any more traffic coming through there to – ‘Cause look what the mill did or the fish farm did to us already, right? And it was so devastating – we lost lots of clams at that time.

58 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report We lost lots of our area here to the pollution and contamination and stuff. So if the tankers started coming through here, it would devastate [Reserve] Number Two totally. Like, all our traditional ground here? It would probably totally devastate it. (T12, 11 Feb 2015)

T’Sou-ke elders described the health and cleanliness of the beaches in their area in the past and how dramatically they have changed with pollution and increasing numbers of people. Those beaches were home to large, plentiful populations of clams, crabs, and other species relied upon by T’Sou-ke members.

Well, yeah, but they’ll never be the same, because the beaches have turned black and everything, you know—so much pollution. It’s going to take years—I don’t think it will ever come back to normal. For me, I don’t know... Oh, yeah—[the sand was] snow white, like the shells! There were big butter clams, you know....Yeah, that’s it. That’s the one there—that’s where the clams were there. Not counting the crab—there used to be crabs there too. Thousands of crabs there!...They were Dungeness crab. Lots of fishermen would spear them, go in the canoe and rake them in—all the crabs you want! We’d start right off the river, about there, and they’d go in the river, and they’d come down with the canoe and rake them. I could rake up a couple hundred crabs there, if I wanted to. (T05, 28 Jan 2015)

Plentiful, that’s the word. We used to go out, you spent half your time playing, kind of thing on a day out, and just before you come home you might spend half an hour to fill your bucket, tops. So quick. And then come home. It was so plentiful, but with the pollution and the people moving here, you know. Between the two, I just know it’s not what it used to be. (T16, 11 Feb 2015)

And I can remember when I was a child and helping my mom with all this kind of stuff too. She told me how to process and that and she always said to me, she said, “[first name], as long as you know how to live off the land, you know how to eat like this, you’ll never starve.” She said. But, poor soul, she was dead by the time that was polluted, but you know, as far as she knew it was always going to be there, right? And that’s sad. ...No, didn’t occur because we just assumed that we’d have our beautiful seafood and our ducks. (T28, 18 Feb 2015)

When I was a child, on this whole flat here, the Sooke River flat… Was covered in about a foot of these purple or blue mussels... It was covered in about a foot of them! When they hydraulic mined that… that upstream, that killed everything off... Killed the mussels. There wasn’t a mussel left on that flat. (T37, 7 December 1997)

T’Sou-ke Nation members also collect crabs on the beach. Participants noted that they were plentiful in the past, but that increased competition from commercial and sport harvesters has dramatically reduced the numbers of crabs available to T’Sou- ke members for harvesting.

In them days, there were so many crabs on the beach water, you’d have

Kinder Morgan’s Trans Mountain Expansion Project 59 to walk on them to pull the canoe at low tide. There were that many, yeah. Tonnes of them. That’s where they grew up, I guess, eh? ...Well, it’s just natural, where they were born— They eat the stuff that comes out of the river, you know—food the salmon coming out of the river, and they would go in and eat them. (T05, 28 Jan 2015)

In addition to the loss of clams and crabs, T’Sou-ke elders also noted that the waterfowl populations have decreased.

You don’t see them [ducks and Black Brandt geese] coming here anymore. They’re gone. But one time there was thousands of them—diving ducks eating off the flats there. We harvested many ducks there, my brother and I, for the village here. Oh, we ate lots of ducks, yeah. It was one of the main staples of our [diet, along with] food fish, eh? Ducks, salmon everything we harvested right there off the flats. (T05, 28 Jan 2015)

There were absolutely thousands and thousands of them [black brants]. Huge flocks of black brant in my day when I was younger. And now you don’t see them around hardly. Actually, I haven’t seen one in the Harbour in the last few years. (T36, 18 February 1997)

Seals, once an important source of fat and nutrition in the T’Sou-ke diet, are also no longer safe to eat due to mercury contamination.

We were told not to use the seal—not to eat them anymore. ...Because they had mercury in them, yeah. DFO wrote me a letter and said, “Don’t eat them anymore, because there is too much mercury in them.”... Yeah, because my mom used to render down the seal fat, because Frank and I, we’d shoot seal for her— she’d skin it out, and she’d cut all the fat off it, and boil it in a big boiler, and for the fat and she’d put it in gallon jars, and that’s what our food was—just like the people up north that use oolichan grease but we used seal grease on the west coast. And then they told me not to do that anymore—don’t use the seal oil. But that’s really good food—omega 3 and all that our ancestors grew up on that seal oil. (T05, 13 Feb 2015)

Declines in terrestrial species such as deer and berries, which are procured along the coastline in the RSA and further inland, also limit opportunities for T’Sou-ke members to supplement their diets with traditional foods that are not as dependent on the health of the marine environment.

There’s just no more deer! I haven’t hunted back here in four years. I go somewhere else. I go into the Interior to do my hunting because you can’t hunt. Why should you go and take the last few little deer that’s up here when you know they’re at a -- at a desperate low -- You got to protect everything. You-- you can’t just let one specie overtake everything. That’s-- that’s not the way it was done. The Native way of hunting was as far as I can see the best way of hunting. When they said, “Go hunting - go hunting deer”, you chose your deer. Whether it be a doe or a buck, you chose your deer. (T37, 7 December 1997)

60 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report We made Indian ice cream [with soapberries]. Now, this was the only area around here that had these berries and BC Hydro… in the 60’s they sprayed all along their power lines and killed everything, all the brush and trees. They sprayed this area where it happened to be our only qrasum, we call it. I guess they call it soapberry? Along there. They are gone now and where they used to be they built that 4-lane highway and there are no more now in our territory. (T36, 18 February 1997)

4.4.4 Project interactions

T’Sou-ke knowledge holders expressed a high level of concern about potential Project interactions on their coastal activities and knowledge.

T’Sou-ke Nation members expressed concern about invasive species arriving in the area in ballast water, and outcompeting or predating indigenous species or disrupting the marine and coastal ecosystem.

Any ballast water that is contained in those ships that is picked up in different part of the ocean and released in Juan de Fuca Strait. That’s something to consider. ... Just for any larvae or any larvae spawn that would be in that water. For instance, currently the European green crab is in the Sooke Basin. And it started off in Europe, Africa, and made it’s way around down to San Francisco, and now it’s make it’s way to Sooke. ...The European green crab is an invasive species. It will eat oysters and clams, and other crab. (T26, 17 Feb 2015)

T’Sou-ke participants also expressed concern that the proposed Project could further reduce the availability of foreshore resources for subsistence harvesting due to further contamination. They reported that they have lost much of their clam harvesting areas in the Sooke Basin due to contamination and that any tanker accident could destroy what they have left.

Yeah, it [the Project] would impact the whole coast. That’s where we get all our seafood. It will just annihilate it, I bet. It’ll be no more. Of course, it’s all polluted, but we’d still be able to—on the outside of the spit where the clams are and that and sea eggs and all that kind of stuff would be wiped out, I imagine. It would be a shame. It’s bad enough that we lost our clam digging to pollution. But if a tanker ever does break up out there, it’s going to be devastation of all the wildlife. (T20, 12 Feb 2015)

The T’Sou-ke Nation also has a new commercial oyster farm in the Sooke Basin and holds commercial clam tenures that the Nation and its members maintain. The oyster farm and clam tenures provide employment and wage income to some T’Sou-ke members and are important facets of T’Sou-ke Nation’s continued efforts to build the socioeconomic success of its members. Participants expressed concern that further contamination in the area could adversely impact the new oyster farm.

Well, like I say – what I’m doing right now – my job, we’re doing aquaculture in

Kinder Morgan’s Trans Mountain Expansion Project 61 the basin there. We’re going to have an oyster lease. Well, we’ve got a lease out there right now, we’re just working on it. It’s going to keep us working until the spring and probably until summer. We want to keep things, you know—we don’t want any pollution accidents happen or anything. Anything on the coast – anything around this area. I’ve lived here all my life. I don’t want to see anything going wrong. (T04, 27 Jan 2015)

T’Sou-ke knowledge holders highlighted the dramatic impact a spill could have on T’Sou-ke knowledge, use, and rights in the entire coastal area. They noted that a spill would result in a long-term loss of knowledge and use generations into the future, completely removing the impacted area and preventing T’Sou-ke members from harvesting and passing down harvesting knowledge to younger generations.

It’d be hard to stop! It only takes one of those tankers to crash on the beach and we’re finished. It’d kill everything that we had going here. All we have to do is look at the pictures in Alaska—look what happened to that one. Yeah, it’s unreal. It kills everything—the birds, the mammals—everything. (T05, 28 Jan 2015)

Because a spill would potentially damage and damage the whole Strait of Juan de Fuca – like both sides of it – even the American side, because of the way the water would go in, it would go out, it would come around even from Victoria, because it’s all one strait even though they have two different names – they’re still connected. And a tanker spill anywhere would just – it would destroy it badly. And for years to come. It wouldn’t just be a, oh, let’s clean the beach and then it’s okay again. ‘Cause it’s not. It would be numerous years and how many of my grandkids wouldn’t be able to enjoy the seafood or, even just to walk on the beach without getting tar stuck all over your feet? Like it would be—it would be awful. And I’ve said it before, I’d tie myself to a tree to stop anything like that from happening. (T25, 7 Feb 2015)

As one member expressed in a sentiment echoed by many, if a spill were to occur he would have to leave the area and go somewhere else in order to practice his Aboriginal right to harvest resources.

Oh, I’d be devastated [if he were no longer able to collect sea food]. You’ve got to back to where your tradition is. If you can’t do that, well, you’ve got to go elsewhere. (T13, 10 Feb 2015)

62 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 4.5 T’Sou-ke Nation Marine Travel Valued Component

T’Sou-ke marine travel was determined to be an important VC for this study.

4.5.1 Site-specific data

T’Sou-ke Nation participants mapped 85 site-specific values for the T’Sou-ke Nation Marine Travel VC in the Study area. These values are displayed on a map in Figure 11. Detail on the values mapped is given below.

Within the project footprint and LSA

T’Sou-ke members reported the following transportation values:

• Water routes used for fishing trips and travel across the Juan De Fuca Strait; and

• Water routes used in Tribal Journeys canoe trips for T’Sou-ke Nation and other coastal First Nations.

In the RSA

T’Sou-ke members reported the following transportation values:

• Water routes in Juan De Fuca Strait used to access crab trapping areas, camping areas, shellfish gathering areas, or to trawl for fish;

• Water routes leading out of Sooke Harbour and Sooke Basin used to access cod and salmon fishing areas;

• Water routes throughout the basin where T’Sou-ke members travel by boat to access their shrimp and crab trapping areas;

• Water routes up the Sooke River and San Juan River used to access fishing and gaffing areas;

• Boat docking and launching sites where boats and canoes were kept long- term and during Tribal Journeys; and

• Trails along beaches used to collect seafood and pick berries.

Kinder Morgan’s Trans Mountain Expansion Project 63 Figure 11: Reported T’Sou-ke Nation site-specific use values for the T’Sou-ke Nation Travel VC, within the Study footprint, LSA, and RSA

64 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 4.5.2 Baseline

T’Sou-ke knowledge holders reported a high level of values for marine travel. As described in the analysis of the site-specific data, T’Sou-ke members actively travel on the water throughout the Sooke River, Sooke Basin, Sooke Harbour, and throughout the Strait of Juan de Fuca.

Knowledge of marine travel and navigation is highly culturally important to T’Sou-ke members, allowing them to navigate safely in dangerous conditions.

The old Indian way of navigating was what – what I call, lovingly, ‘kelp-to-kelp’ navigation. Now kelp-to-kelp navigation as Charlie taught me. We used to go into a place called Kayukwut… And so we used to seine them in there, eh. And then going into Kayukwut is… is really, if you don’t know the place, and going to the places that we had to go to seine dog salmon, was a hell on earth!...You know, for reefs and-- and breakers everywhere... And one night we were headed into Kayukwut Sound and it was pitch-black and…. No! No, it was a kind of a moonlight night... And I said to [personal name], “Do we have a chart of this place?” And he said, “Oh, no, no. No, son, we don’t need a chart.” I said, “Oh, eh.” And we’re out on the Dodger, eh, standing out there. And I’m steering away and he’s telling me where to go and all this sort of thing. And I said, “Well, how do we…how do we know we’re not going to hit the bottom around here?”...He said, “Well, we do it the Indian way,” he said. “You make sure you keep your eyes peeled up ahead of us,” he said. “If you see anything white,” he said, “Let me know quick because that’s a breaker!” And he said, “’Long as you stay away from them breakers,” he said, “You can’t hit the bottom.” You know, there’s a big swell out there all the time...And he said, “Anything you can hit’s going to be breaking.” He said, “If it’s not breaking, you can’t hit it,” he said, “Just steer away from them!” So that’s what I call kelp-to-kelp. (T37, 7 December 1997)

Marine travel and traditional knowledge of how to travel on the ocean are also essential for T’Sou-ke fishing practices, and are highly culturally important.

We were taught from my grandfathers at Sooke Harbour here, you’d go out in your canoe, you go out with a big low tide in the spring and in the summer… you get a big outflow of low tide, tide goes out... so you’d go out with the tide and then you’d go, even right to Jordan River. And then you’d fish there and the westerly wind would come up and after three or four hours fishing you’d come home when the tide turned to come in and you’d come home with the tide. So you’re working the tide, you’re going out with it and you’re coming home with it. And it gives you the slack tide when you get there, you get time to fish two or three hours, and then after the change of tide, that’s when the fish are biting, that’s where all, we were taught as soon as the tide changes that’s when the fish bite and that’s when you’d get the most so you’d fish two or three hours before the slack and an hour or two after the slack and then the wind would come up and the tide would change to flood and then

Kinder Morgan’s Trans Mountain Expansion Project 65 you would just come home. Sail home with the canoe. So you would range from Sooke Harbour to Jordan River sometimes you’d make it all the way to Sombrio. (T37, 17 February (year unknown)).

When I was a young man, [traditional name], my mother’s uncle, [personal name] from Port Renfrew, he taught me fishing halibut in our traditional area cause he did it with my grandfathers I guess. And we left with a canoe from his home in Port Ren, , on the Jordan River, and he fished halibuts with seal bladders and hook and line, drift, drift fishing for halibut. We left with a canoe, we come out of the Port San Juan Harbour and we come down toward Sombrio, we fished all the way to Sombrio, and he gave me all of the landmarks, how to fish these little areas and what landmarks, and he says “ I’m not going to put it on paper or anything, you put it in your mind and what I’m telling you and you are to hand that down to your younger people, your young, your sons, and his sons can do the same, so what he’s telling me here is his secret that he got from his ancestors. And he’s handing it down to me, and he’s not putting it on paper, he’s putting it in our minds. He says, “You see that snag and that river and that mountain, and that’s your landmark to get this fishing hole here, all along from Port Renfrew, right, right, well we would go right into Victoria, past the Race Rocks. (T05, 15 June 1999)

T’Sou-ke participants highlighted the importance of being out in their traditional canoes, including during Tribal Journeys, a ceremonial canoe journey for coastal First Nations in which many T’Sou-ke members participate. These canoe trips bring their community together and teach younger generations about T’Sou-ke heritage and cultural practices. Tribal Journeys provide annual opportunities to connect with other coastal First Nations and recreate a contemporary version of the canoe journeys, dancing, and potlatch celebrations their ancestors participated in for generations.

It [Tribal Journeys] is something that brings many together, but also brings change to different communities because when you go, you bring your own knowledge, and you come back with someone else’s. So you can share and elaborate and have different stories. (T32, 20 Feb 2015)

What a feeling, when you’re paddling one of those [canoes], it’s just — you can feel your pride – I could feel just the—you’re high. You get a high from it. I did. It’s an incredible feeling. And to think, I’m doing what my ancestors did at one time. It’s just a really, really good feeling. (T25, 7 Feb 2015)

4.5.3 Existing impacts

T’Sou-ke knowledge holders noted that the freighter and tanker lanes are hazardous and unsafe due to the volume and size of the ships that traverse these lanes, especially when T’Sou-ke Nation members are out in a small fishing boat or canoe. This has led to T’Sou-ke Nation members avoiding the shipping lanes, and as a result, T’Sou-ke Nation members mapped fewer current use values in the Project footprint than would have been mapped in a pre-industrial scenario.

66 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report We don’t really want to be around the freighter lanes anyway, just in case you have engine failure or something. The freighters do like 30 knots or whatever, right? And sometimes you’re really small and they can’t see you, or whatever. ...The weather comes up or whatnot. You just want to be safe, right? (T07, 29 Jan 2015)

I’ve seen boats that are so big and I’m just – wow! And I’m in this tiny little wooden thing looking like a little stick. And you’re looking up at these things that are about, I would say eight to ten stories high, twelve stories high, and three or four football fields long and you’re wondering what’s going on? What’s this industry doing to us? (T21, 13 Feb 2015)

4.5.4 Project interactions

T’Sou-ke Nation members highlighted a number of concerns regarding potential Project interactions with their water routes and activities while out on the water.

T’Sou-ke participants noted that they already try to avoid areas where there is a lot of ship traffic. Some participants said that they would no longer travel as far into the Strait as they currently do if there is the increase in traffic predicted for the Project. Increased traffic could also impact Tribal Journeys routes as canoes could have difficulty safely crossing the Strait of Juan de Fuca.

Increased traffic and, you know, where there’s a lot of boat traffic and stuff, you generally try to stay away from those areas where you would normally be out there – you know what I mean? You know, especially sport boats and stuff like that – everybody’s congregated in certain areas (T07, 29 Jan 2015)

And all the traffic with the tankers. I mean the sports fisherman out there and the commercial fisherman too – there’s going to be so much of them big tankers going through and who’s got the right-of-way, right? Those guys. You want to move out of his way. ...Well, I guess, basically, really just the concern about how much traffic there’s going to be. (T11, 16 Feb 2015)

[On going out far into the strait] Not if there’s the amount of proposed tanker traffic going there – no. (T07, 29 Jan 2015)

If there was that big increase of tanker traffic, we wouldn’t be able to get across. I think it was technical enough that we even had an escort boat tow us across in the canoe with the hazards of the shipping traffic there. ... But with the increased traffic – yeah, it’s going to be tough. I don’t even know if it would be possible. It would totally inhibit us from ever attempting to, you know, make a paddle across. ‘Cause in the old days, on the old tribal journeys, they’d be able to paddle by human power across— But now, we even have difficulties. You know, we’d paddle out, leave Sooke, and head out towards the traffic lanes, but you’ve got to be cautious of tanker traffic, ‘cause they do 30 knots and they go really fast, and they’re hard to stop. They can’t stop for like 6 miles. So, yeah – it would inhibit us from trying to

Kinder Morgan’s Trans Mountain Expansion Project 67 attempt a man-powered crossing. So that would take away from our actual traditional way of practicing it. (T07, 29 Jan 2015)

4.6 Cultural Continuity Valued Component

Cultural Continuity was determined to be an important VC for this Study.

4.6.1 Site-specific data

T’Sou-ke Nation participants mapped 357 site-specific values for the Cultural Continuity VC in the Study area. These values are displayed on a map in Figure 12. Detail on the values mapped is given below.

Within the project footprint and LSA

T’Sou-ke members reported the following cultural values:

• A canoe route and teaching areas where members learned to fish.

In the RSA

T’Sou-ke members reported the following cultural values:

• In the Juan De Fuca Strait, teaching areas where T’Sou-ke members are taught to fish, boat, and find good fishing areas.

• Along the coastal areas of the Juan De Fuca Strait:

o Place names;

o A birth place;

o Seafood processing areas;

o Smokehouses;

o Gathering places (for elders’ gatherings, youth gatherings, picnics, seafood collecting, camping, and smelting);

o Ceremonial places (for dances, feasts, and greeting protocols associated with Tribal Journeys);

o Medicinal plant gathering areas;

o Teaching places (where members learn to gather seafood, berries, and medicinal plants and traditional craft making); and

o Spiritual places.

• Within the coastal areas of Sooke Harbour and Basin:

o Fish and game processing sites;

68 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report o Smokehouses;

o Cedar bark and cedar pole collecting sites;

o Medicinal plant gathering areas;

o Burial sites;

o Gathering places (for feasts and drumming associated with Tribal Journeys and T’Sou-ke culture nights);

o Ceremony places (for funeral and wedding ceremonies and ceremonial protocols associated with Tribal Journeys);

o Important spiritual places; and

o Teaching areas, where T’Sou-ke Nation members were taught how to catch shrimp and crab, to gaff salmon, to gather clams, oysters, crabs, berries, and medicinal plants, and to collect cedar bark.

T’Sou-ke members reported the following habitation values:

• Along coastal areas of the Juan De Fuca Strait, permanent houses, campsites used on a regular basis, and repeatedly used picnic sites.

• Within the coastal areas of Sooke Harbour and Sooke Basin, many houses and campsites.

T’Sou-ke members also reported environmental features related to orcas and whales, which are culturally important species, including:

• In the straits, multiple sightings for orca, a rocky area orcas use to scrape barnacles from their bodies, and a grey whale sighting.

• In the Sooke Basin, a juvenile orca sighting.

Kinder Morgan’s Trans Mountain Expansion Project 69 Figure 12: Reported T’Sou-ke Nation site-specific use values for the Cultural Continuity VC, within the Project’s footprint, LSA, and RSA.

70 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 4.6.2 Baseline

T’Sou-ke participants highlighted the importance of their cultural heritage and underscored the crucial importance of cultural continuity to their community. This cultural heritage includes the many teaching areas where traditional knowledge and skills are taught, burial sites, ancestral village sites, camping areas, and spiritual and cultural sites mapped by T’Sou-ke members. The Cultural Continuity VC and associated mapped values are also informed by each of the valued components discussed in this report, as each VC (Fishing, Coastal Gathering and Hunting and T’Sou-ke Marine Travel) holds great cultural importance for the T’Sou-ke people. In addition, the ongoing habitation of the area and the traditional activities of T’Sou-ke members recreate and enforce a connection to T’Sou-ke history and culture and to the water, land, and animals.

Many Study participants described with great fondness learning how to cut and smoke fish, noting that it was a communal activity that brought them together with their elders and other family members.

My grandma, she showed me how to cut the fish and how to prepare it all, get it ready. Salt it, and brine it, and get it all ready for the smokehouse. Then we’d go down every morning and check on it… She had a little shack. She’d stay in there and have a little fire going. She never wanted to leave that old house. (T19, 12 Feb 2015)

[On helping his grandmother smoke fish] I have the fondest memory of cutting wood for her and taking the [fish] bones—the skeletons – back down to the river. It’s just the way that the native people did their preparation before they did the smoked salmon. (T21, 13 Feb 2015)

I can remember my granny--well, my whole family, everybody--she had a smokehouse … not from here… I can remember just walking in and it’s just full, packed. And it would just be a supply for all year. ... For dances, for potlatches, for weddings, for funerals. But you’d just stockpile it all. (T16, 11 Feb 2015)

In addition to smoking salmon, many T’Sou-ke members reported the importance of gathering seafood with their families. Elders expressed concern that younger generations are not able to harvest in the same way that the elders did as children, and consequently will be deprived of the opportunity to acquire knowledge about earning an income from selling seafood and learning how to survive off the waters and land.

Actually, it was great to do something like that [harvesting and cooking seafood with family on the beach] and I’m glad I had the experience to do quite a bit of the stuff that these generations are not able to do anymore – like clam digging. Yeah, it’s—you can do it but it’s all polluted. But, I’m glad I got to experience that with my grandfather and grandmother. That’s the highlight of my life. (T20, 12 Feb 2015)

[On learning to harvest seafood] Yes, it was very unique, because we didn’t

Kinder Morgan’s Trans Mountain Expansion Project 71 used to do it for harvesting or for the help of the family because it was an income and it was an earning for the family that you were taught when you were young. It wasn’t only because it was preparation to sell – the harvesting – it was to learn how to survive off the land. Yeah, it was really unique – I thought it was unique. I still experience fond memories of when I was a child. (T21, 13 Feb 2015)

T’Sou-ke members highlighted the continued importance of harvesting and smoking fish today. Many members have smoke houses at their house, and those that do not have smoke houses have family members who do, ensuring that access to a smoke house is never a problem.

We all still currently smoke fish whenever we get some. It’s one of my main important staples in my diet. (chuckles) ... Well, it preserves it, right? ...not just fish – seafood. You can smoke nuts, salmon, halibut, clams, deer, elk... You can smoke anything to preserve it, right? (T07, 29 Jan 2015)

I used to smoke a lot of fish faces for the elders. ...Yeah. Well, it seemed like I had so many, and you can’t eat that many. So I’d give them to the elders and, oh man, they gobble it up. ...You take a head, split it in half and brine it for a couple of days then smoke it. ...Well, that’s where all your omega-3 fatty acids are – the cheeks and the head and the collars. (T23, 16 Feb 2015)

Many T’Sou-ke knowledge holders placed great value on the ability to teach and pass on knowledge to younger generations.

It [teaching] is of utmost importance to me, because they [youth] need to learn somehow. Nobody’s just going to show them, right? …The knowledge would be lost. It’s that simple. (T06, 28 Jan 2015)

And I plan on having children one day, so – whether it be a boy or a girl, it doesn’t matter. ... I want to pass all my knowledge, fishing skills, and you know – it’s what my father and mother did for me, so I would do the same for them, right? My children. (T07, 29 Jan 2015)

Learning is often tied to personal experience in the company of elders and relatives, rather than to time in a classroom. The continued ability to access traditional resources and areas in which this learning occurs is therefore highly important for T’Sou-ke knowledge and culture.

All kinds of teaching that most other people don’t get. You get hunting skills, fishing skills, canoemanship. All these kinds of things are taught to you almost bordering on drilled in you. A hands on experience type of education. You are not only told how to do a thing but you are taken along as a small boy and shown these things. If you were to go out and catch a crab, you weren’t just told how to catch a crab but you were shown how to catch a crab. These types of things included everything that swims, flies, or crawls-or whatever we had to do with harvesting and eating. All this knowledge came to you that way. (T37, 2 February 1997)

72 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Teaching youth is an important focus of the T’Sou-ke Nation, not only to pass on traditional knowledge but also to help families be more self sufficient so they can fish and harvest food.

We’ll go down with the youth or take our canoe down there and go gaff. We’ve got some traditional gaffs and nets and other methods we use to take the fish out of the river. And get them to our people, right? It always has been an important part in our history, right? The salmon run in the fall, right, to sustain our people through the winter. Especially people that have struggles or whatever with income or whatever, right? ...Fish is a big part of their livelihood and survival. Part of their diet to keep them nutritious... Keep them fed through the winter. (T07, 29 Jan 2015)

Yes, they [youth] should be taught what I was taught, obviously, because you learn a lot from it [harvesting]! You learn how to, you know, fend for yourself, and you ever get hungry, you always know where to go, right? You can always find food. We were never, ever hungry—ever. I can remember—we always had lots of food, lots of fish, lots of whatever we wanted, right? Whatever we felt like eating. It’s very important for the grandkids to be able to get out there. (T12, 11 Feb 2015)

A young Study participant highlighted the importance of sharing with the community – something the participant learned from T’Sou-ke Nation-sponsored youth outings.

We distributed them [salmon] throughout the community — We count how many fish we get per so much and the total, and then as many households in the reserve, and it’s like—I don’t know—at the most, I think it’s been about 30 per household. ...Because it’s a community, and we as a community, we share what we have as our own—your house is our house, kind of thing. So your neighbour is like your brother or sister that lives next door. Why not? You can’t really have 200 fish per one spot—you have to disperse it, otherwise it would—you only take what you need, but to a certain point, you just stop when everyone has what they need. (T32, 20 Feb 2015)

In addition to teaching about fishing, gathering, and preparing seafood, passing on oral histories and legends is an essential component of T’Sou-ke cultural continuity and heritage.

Legends and all that, yeah—they were taught to me by my aunts, my grandfather, my mother you know, a lot of legend stories there. ... on the beach where we used to camp, there is a big boulder rock -they called it the Granny Rock, and the ancestors say you rub your face on it and it gives you long—you’d never get wrinkles on your face and you’d live longer and everything else. That was a legend of the T’Sou-ke people from that rock, they called it the Granny Rock—and it’s still there! The big rock is still there, so we teach our kids how to go do it on that beach there. (T05, 28 Jan 2015)

The other legend that’s handed down to me from our ancestors. ... It’s up—up here—right there on the point. Now there was a tree growing there and the

Kinder Morgan’s Trans Mountain Expansion Project 73 legend was that the pollution would stop here—Sooke Harbour would never get polluted through—what do they call it?—red tide? To this day, there hasn’t been any red tide in the Sooke Basin. The legend said that that tree was our protector, and it would stop the red tide from coming in the bay… I showed my brother, my son… and all the kids that would come by. So that was the tree there—the legend of that tree, and I always believe it’s true, because that other tree grew up right beside it, once the other one died. To this day, there hasn’t been any red tide in the Sooke Harbour. (T05, 28 Jan 2015)

Learning spiritual teachings and cultural practices holds great value for T’Sou-ke members and they do not want those teachings endangered.

And my grandmother used to take us up in the bushes up there. We had certain areas we would go and she would pray at the trees and stuff. She showed us how she would appreciate the tree, bless the tree, and talk to the tree and all this. She would show all the kids how she would bless the tree. ... She did it in her own language. And then we all got ourselves our own special tree – we all had ourselves our own special tree out in the woods. We had to pick our own – what area and where we have our tree. ...But it’s still sacred ground – it’s something sacred – it’s a tree. It’s something that we don’t want somebody to just wreck or go in and wreck part of our area, and that’s my tree there. (T15, 10 Feb 2015)

You don’t want to go there and get greedy. ‘Cause that’s not the way it’s supposed to be when you’re doing bark. So you take a piece and work it and get it all, and then you can fold it and then you can tie it, and then you can actually put it in a little – you know, like you take something, put it in, and then you put it in a dark area, keep it moist and stuff so it can last a long time. But if you take a whole bunch of it – like you just peel it? And then you walk home and then you look at it and go, is it ever a lot of work! So you’ve got to watch yourself. ‘Cause then all of a sudden it will stay there and you won’t do nothing and it will dry out and it’s good for nothing. So it’s better just to do it while you’re there. ... It’s not supposed to be done that way. It’s supposed to be done at the tree to honour the tree, actually. ‘Cause you’re giving a part of that tree back – you know, the bark. You just give it back to it. ‘Cause you’re not killing the tree, right? (T33, 20 Feb 2015)

T’Sou-ke members underscored the importance of learning T’Sou-ke legends and stories from their elders. They noted that hearing the stories, legends, and spiritual teachings also comes with a responsibility to teach the younger generation.

I’ve heard a lot through my ancestors and old stories. Our knowledge is passed down through stories. Now that we’re in a technical age, we have to have all this documented. So, a lot of things get lost in translation, you know, especially from elders that have passed on. And then, you know, people not being in the community and being together and sharing stories on a regular basis. Hence, why we have a cultural gathering every Tuesday. We’ve been bringing it back and trying to keep it strong. You know, elders can share

74 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report stories with us. Younger people can share stories among each other, and we practice our songs and our dance, and this is the only thing that keeps what we have been taught in our past—how we carry that on today. And we have our youth there – we teach them that. (T07, 29 Jan 2015)

Learning is not reserved only for younger T’Sou-ke members. One T’Sou-ke elder noted with fondness the opportunities the T’Sou-ke Nation provides for elders and other members to learn and reinforce their heritage and cultural practices.

Oh, I always go to the elders’ circle. I go to the T’Sou-ke arts and crafts group. I go to just about anything that’s going on here for elders. ...Well, we do mostly whatever crafts we’re working on. I learned in the arts group, how to make the Native sweaters and the Native knitting. Like the toques and slippers and mittens and sweaters – all that. And so we do that. We’ve made drums. We do dream catchers – just about anything you can think of we learn there. (T02, 27 Jan 2015)

4.6.3 Existing impacts

Impacts from colonial settlement, government policies, the forestry and commercial fishing industries, and more recently dramatic growth in housing development in the Sooke area, have all challenged T’Sou-ke members’ ability to practice their treaty and Aboriginal rights and maintain their way of life. As noted in Section 2, the T’Sou- ke Nation was one of the earliest First Nations to have extensive contact with early European explorers and colonizers, which has meant a long-term accumulation of impacts on T’Sou-ke cultural continuity. Colonial policies, in particular the Indian Act, negatively impacted T’Sou-ke members’ practice of their way of life. The Indian Act meant that many traditional cultural practices essential to building and maintaining family ties, indigenous governance systems, oral histories, and overall cultural continuity were outlawed. The banning of these practices, in particular the potlatch, was deleterious to the T’Sou-ke way of life and cultural continuity, although communities fought to maintain their traditional practices outside of the supervision of the authorities. With the introduction of the residential school system, some T’Sou-ke children were isolated from their culture and families and punished for speaking their own language as schools deliberately sought to sever links to First Nations beliefs and ways of life and assimilate children into Christian colonial society.

More recently, industrial development within the Sooke Basin has also damaged the ability of T’Sou-ke members to practice traditional ways of life. Contamination from forest industry activities and housing development has affected members’ ability to gather and consume the resources that have been the foundation of their diet and culture for generations. The impacts of this contamination and loss of key harvesting areas is more fully documented in sections 4.3 and 4.4.

Well, I’d like to see my kids be able to do like I did. Like my grandfather did. Why can’t we? …the river and the flats, and the clams and the fish, you could see everything was there. The salmon, the clams, the oysters, ducks and

Kinder Morgan’s Trans Mountain Expansion Project 75 geese, you just went out outside of the harbour you could get your halibut and cod … It was all there. Everything was there… So there was a big difference fifty sixty years ago from today. (T05, 17 February (year unknown))

Despite the many impacts on their fishing and harvesting rights as described in Sections 2, 4.3, 4.4, and 4.5, and the other impacts that have put pressure on T’Sou-ke culture, T’Sou-ke members remain committed to maintaining their cultural heritage and carrying their way of life forward for future generations.

There are a lot of things I have to share and tell you—what I’ve seen, what I did and how I see it, why I’m teaching my kids to do it the way I did it, and it’s up to them to teach their kids to do it again. And that they cannot stop us from doing it, because we have a treaty that says we have that right, and to this day I stick to that—exercise that treaty right. (T05, 13 Feb 2015)

Since the canoes come back and the, trying to bring back our songs and we search in our grandmother and grandfather’s history and speak to elders and they agree yes that they did do this and they did do that and there’s a song what you should be singing and you’re entitled to sing this song… and that’s what we’re trying to bring back now to teach the younger ones. (T05, 17 February (year unknown))

There’s other [songs] we’re still learning. Trying to bring it back. My son’s pretty good at it, he’s starting to bring back the old songs, cause that’s your true identity those songs eh, cause if you can sing your grandfather’s song and his grandfather’s song, surely they must know who you are. When they hear those songs. That’s how the true identity of the old people went through their song. It’s a family song is what I’m saying. (T05, 17 February (year unknown))

4.6.4 Project interactions

T’Sou-ke Study participants expressed concern that the Project could adversely impact T’Sou-ke cultural continuity, damaging or destroying the environment so it was no longer available as a teaching site for future generations. Protecting and preserving marine and foreshore resources and environments is of utmost importance to T’Sou-ke members.

We’ve got to protect what we have for our future generations. We don’t want to say yes to something and, you know, 100 years from now our grandkids and great grandkids can’t even use or have seafood because it’s been destroyed. They can’t sit on the beach – I wouldn’t want that to happen. We’ve got to protect, like we always have. (T25, 7 Feb 2015)

It’s our way of life, and if that’s gone [because of the Project] we won’t be able to show our kids what we used to do. I’d like to show my grandkids the stuff we used to do back in the day – it’s great. ...When they get older, I’ll do it – tell them what I used to do. You did?! Yeah! Yeah, so – it’s great. I’m really glad—the generation I grew up in got to see all that before it got all polluted,

76 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report and the houses are all coming up now and you’ve got to go hunting further away from home now and—which is a shame. (T20, 12 Feb 2015)

Elders reported that they rely on the younger generations knowing how and where to harvest foods – berries, crabs, salmon, halibut, and more – and that if younger generations were to lose that knowledge it would be devastating. They also highlighted that the process of harvesting country foods, which is done by known members of the community in locations that have been used for generations, leads to trust and confidence in what T’Sou-ke members are consuming. A forced shift to store-bought food would lead to a loss in this confidence and trust.

I do rely on the berries in the area. And the younger generation picking them for me, because being my age, I don’t feel like going out and doing that. And crabs are a part of our seafood as well. When the younger fisherman go out, I like to have crabs. And, of course, the salmon and halibut and all that... It’s tradition, and we’ve been doing it for so long – it just seems so natural, and it just isn’t right that we lose that. What would you do, go to the store to buy a clam or a crab or something? That’s not right – we wouldn’t know where they’re from or anything. Here we know exactly where they’re from – they’re from our territory – our beaches, and we know who’s been gathering them and it’s been done for so long and so many generations that we trust on it and we rely on it. (T02, 27 Jan 2015)

The potential loss of traditional knowledge and way of life is of great concern to T’Sou-ke members. As members underscored, T’Sou-ke cultural continuity relies on T’Sou-ke members knowing their past and carrying that knowledge and the associated cultural practices into the future.

It’s very vital that we understand where we came from and how we were brought up, and if I ever dream of something like that ever happening [an oil spill], I mean I even don’t even know if I will live here – if something like that does happen, I’d have to find another area to live and go from there. I don’t mean to say it in that way, but that’s what I feel, ‘cause there’d be so much damage to our coast and to our people. Not only that, but Mother Earth – how beautiful it is here – so many people from all different parts of the world move to this certain type of area because it’s such a beautiful piece of scenery in the world. People don’t even understand. I hope they don’t – I wouldn’t say damage – I hope they don’t forget that as vital people of the land, and people of the T’Sou-ke Nation. Not only T’Sou-ke Nation but [all] the Nations of the area – when we all stand together, I think that’s the only way that we can get our word across. (T21, 13 Feb 2015)

[If her grandchildren didn’t learn how to gather/process sea food] Well then I wouldn’t consider them Indian family. In that they’ve lost their teachings. And that wouldn’t be right. (T29, 18 Feb 2015)

Kinder Morgan’s Trans Mountain Expansion Project 77 4.7 Impacts of a Major Oil Spill on T’Sou-ke Nation Knowledge and Use

In relation to the four Study VCs, T’Sou-ke Nation members expressed an overarching concern about the potential for a catastrophic accident as a result of the proposed Project. T’Sou-ke Nation knowledge holders are aware of and have experienced past marine disasters and incidents involving a wide variety of ships both large and small. This knowledge and experience ranges from firsthand experience with everyday, operational, small-scale spills and shipping accidents, to knowledge of large-scale spills with catastrophic results, including the 1989 Exxon Valdez spill and the devastation it brought. The impacts of a catastrophic oil spill are consequently a major concern. An analysis and understanding of the Study VCs and potential Project interactions, as well as overall T’Sou-ke Nation marine resource knowledge and use, can only be fully understood within the context of this overarching concern about a catastrophic accident.

A spill would devastate the whole entire island – the whole Salish Sea. Us and every First Nation on this island across into the [United] States, even all the way down—everywhere. It would be disastrous, and definitely would be an end to a lot of things that wouldn’t recover – I wouldn’t even want to think about it. Everybody’s livelihood, not just First Nations. (T07, 29 Jan 2015)

Yeah, that’d have a major effect if anything went wrong. I know that. It would affect us big time, I know. Have all that stuff coming right into the harbour. I wouldn’t want to see that. It would affect my life big time because of the fishing and boats. I’ve spent most of my life on the ocean. (T19, 12 Feb 2015)

There’s always the chance of oil spills and even the traffic going through is liable to disrupt the sea life. There’s so much life in the sea and that, and I think you get a lot of tankers going back and forth. That’s going to interrupt everything – it’s going to disrupt them. And, of course, I would always be worried about oil spills. (T02, 27 Jan 2015)

[On the decline in how much seafood can be harvested] As it’s been since I was a kid, every year it’s gotten worse, and worse and worse, and it’s not getting any better. So, that just goes to show that there’s going to be a breaking point at one point, and if it’s not—if something’s not done, we could potentially lose all our species. Or if an oil spill were ever to happen, it’s at such a fragile breaking point right now as it is. If an oil spill were ever to happen, we’re having a tough enough time getting by as we can right now. But if there was even a small oil spill, you know how much oil affects a distance of water – there’s a formula for that. One drop of oil pollutes how many square meters—or how many litres of water, right? ...And from being a small spill to a large spill, it would impact the ocean species that we live on – for the rest of our life. (T07, 29 Jan 2015)

78 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Many T’Sou-ke members have spent the majority of their lives on the water, fishing for family subsistence and commercially. As a result, they have an extensive knowledge of the environment in the Strait of Juan de Fuca and the Salish Sea and the weather conditions in the area. Knowledge holders expressed serious concerns about the safety of the area, noting that there is no way to guarantee a large oil-filled tanker can always navigate the straits successfully.

If one of those tankers was to have a problem running or—I mean there’s big storms that come through around this island, you know? If they get caught in one of those storms, who knows what’s going to happen, right? If you get an oil spill anywhere around any of this island, it’ll never be the same – that’ll be it. (T10, 30 Jan 2015)

T’Sou-ke members also highlighted the importance of evaluating the Project and the chances for an accident in terms of the total number of ships crossing through the strait in combination, not only the proposed increase for this Project, noting that even experienced tug pilots would be challenged during the windy and foggy days that the strait often experiences.

It’s pretty risky business, they’re doing, is all I can say. What they’re doing. They want to get away with bringing more in there. I don’t think that’s right, but – Well, I noticed the [United] States got some going down here. .... We used to go right by it when we go to Bellingham and deliver our fish back about ten years ago, and we’d go in that Anacortes and there’s big tankers in there. So, it’s not just the Canadian ones, there’s more Americans that’re doing it, too, eh? ... Yeah, you’ve got to include that and how much traffic is the Americans bringing in? ...I know they get pilots that come out of Victoria to pilot them in there, but still. Windy, foggy day, whatever. Who knows what could happen. It wouldn’t be good. (T19, 12 Feb 2015)

I’d hate to see that happen, because they say it won’t happen, but sooner or later it’s going to happen. No matter what they do—there’s your route in the Straits there? There’s the freighterline and the other side is the American side—they aren’t allowed there, so the freighters got to come—Race Rocks is the worst place—if there’s a big storm coming and a tanker goes dead there and gets washed up on the beach, you’ve had it. The oil would just spoil everything—anywhere along here. So, if you get a tanker dead in the water off here, how long is it going to take—if it’s blowing 70-80 miles an hour from the south—blowing that big tanker in toward the water? How many hours are you going to take before it hits the beach? They can’t tell us that, and they can’t guarantee they can stop it, and even if they have a big tug to stop it, if the tanker’s dead in the water, it’s going to have to be an awful tug to pull that tanker off, hold it off in a storm. (T05, 13 Feb 2015)

T’Sou-ke knowledge holders also remember having to help clean up after an oil spill in the past, and their concern that an even larger catastrophe caused by ships moving directly through their territory could happen in the future.

Kinder Morgan’s Trans Mountain Expansion Project 79 We had an oil spill here once years ago. ... I know I lived up on the other reserve, and I remember cleaning ducks and birds because there was oil. And so, I’ve seen what it can do. I’m scared out of my wits of them coming through that much. You know. Yes. You know, it’s almost inevitable with that many coming through, to me before a catastrophe happens. And I am not at all for it. ...It would just be lost completely. It’s hard enough as it is now to me. (T16, 11 Feb 2015)

[about a past oil spill and the impacts at Sia-o-Sun (Reserve No. 2)] The whole beach was black. ...Yeah. My dad had to buy new boots—every time he went to the beach, he’d have to get new shoes. Yeah. Yeah, it was pretty serious. It took probably six or seven years before it was not noticeable anymore. And then it was still noticeable in some spots where there was gunk around the base of the rocks, but the tops would be clean from erosion over the years. Yeah, it was pretty serious. We’ve got pictures somewhere of my grandmother washing birds and whatnot. (T17, 11 Feb 2015)

In the event of a large-scale oil spill occurring in proximity to areas used by T’Sou-ke Nation members, the impacts on T’Sou-ke Nation use and occupancy, and implications for T’Sou-ke Nation culture, way of life, and Aboriginal rights and title, would be catastrophic and, at minimum, long term in duration and possibly multi-generational to permanent in adverse effects outcomes.

Even absent a major spill or accident, increased psycho-social effects associated with risk and fear of oil spills would pose a particular risk to the T’Sou-ke Nation goal of revitalising T’Sou-ke traditional knowledge and use of lands and resources for future generations.

4.8 Cumulative Impacts

As described throughout Section 4, existing cumulative impacts are already affecting each of the Study’s VCs.

Since early colonial contact, the region that encompasses the T’Sou-ke Nation’s traditional territory has been subject to dramatic changes due to colonial settlement, forestry, and commercial fishing activities. The speed and scale of these changes have adversely affected the T’Sou-ke Nation’s traditional mode of life, including its ability to maintain the sustainability of traditional marine resources to a level adequate to ground T’Sou-ke Nation’s cultural connection to its territory.

Today, ongoing cumulative effects in T’Sou-ke territory can be characterized as “death by a thousand cuts” or the “tyranny of small decisions” carried out over generations (Noble 2014). T’Sou-ke Nation experiences ongoing cumulative effects that are the result of the accumulation of multiple activities from forestry, increased heavy shipping traffic, commercial fisheries, other Crown-approved activities, and growing urban/ residential sprawl. These changes to T’Sou-ke territory have reduced the amount and accessibility of waters and lands that are capable of supporting T’Sou-ke’s traditional

80 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report livelihood, threatening T’Sou-ke’s cultural security and continuity. As a result of impacts from forestry, agricultural and urban development, changes to commercial fishing licenses and requirements, and other socioeconomic changes in the region, there have been adverse cumulative effects on T’Sou-ke Nation language, culture, inter- generational knowledge transfer, traditional livelihoods, inter- and intra-community social cohesion, rights-based harvesting, health, and other essential elements of T’Sou-ke Nation’s traditional mode of life. It is also important to note that the proposed Project is only one facet of foreseeable future developments within T’Sou-ke territory.

In order to consider the impact of the proposed Project on T’Sou-ke Nation rights and interests, the full extent of the development of T’Sou-ke Nation’s territory must be considered in combination with future reasonably foreseeable development. Furthermore, the heightened importance of the Project area to T’Sou-ke Nation’s traditional mode of life must also be considered because of the loss of use in Sooke Basin and Harbour due to contamination of clam beds, closure of the abalone fishery, and competition for resources from non-Native commercial and recreational harvesters, as well as the concentrated area in which T’Sou-ke members practice their Aboriginal rights.

It is highly likely that project interactions, especially but not limited to a catastrophic oil spill, would exacerbate existing cumulative impacts on T’Sou-ke Nation’s ability to support and maintain its traditional way of life. Consideration of residual effects, and development of mitigation and accommodation measures, must also address the cumulative impacts of development on T’Sou-ke Nation rights and title.

It is also important to note that despite limitations imposed by cumulative effects, T’Sou-ke Nation remains just as invested today in the marine/inter-tidal economy as in the past. T’Sou-ke have attempted to overcome the limitations they have faced due to cumulative effects in their territory, particularly through work to re-build a traditional economic base. Initiatives such as the commercial oyster farm, the maintenance of the Nation’s commercial clam leases, and an active commercial fishing program are all important pieces of the current T’Sou-ke Nation economy. It is important to note however that while these initiatives are important facets in recapturing cultural rights and practices in a changed socioeconomic setting, they also leave T’Sou-ke heavily vulnerable to adverse environmental effects in the marine and coastal environment.

Kinder Morgan’s Trans Mountain Expansion Project 81 SECTION 5

Assessment

5.1 Review of Mitigations Proposed by the Proponent and Residual Effects

5.1.1 Review of mitigation measures proposed by the Proponent

In the marine transportation and marine environmental and socio-economic technical reports sections of the TMEP Application, pursuant to section 52 of the National Energy Board Act, the Proponent outlines a set of mitigation measures for T’Sou-ke Nation’s interests as related to traditional marine resource use (TMEP Volume 8A: Section 4, Volume 8B: Section 5, and Traditional Marine Resource Use Supplemental Technical Report: Section 6). The Proponent also outlines potential residual effects after consideration of the proposed mitigation measures. These mitigations and residual effects are outlined in Appendix 3 of this report.

The authors have reviewed the Proponent’s committed-to mitigations (detailed in Appendix 3) against Project interactions identified in Section 4 of this Study, and through this analysis the authors identified additional residual effects over and above those identified by the Proponent. A brief overview of gaps in mitigations is given here, followed by, in Section 5.2, a characterization and evaluation of residual effects for each Study VC identified by T’Sou-ke Nation.

82 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 5.1.2 Gaps in the Proponent’s mitigation measures

At best, the mitigation measures proposed by the Proponent to address the Project’s impacts on T’Sou-ke Nation’s values only partially address the anticipated Project interactions. As shown in Appendix 3, gaps exist for each category of proposed mitigation measures. In addition to these specific gaps, the following overall gaps also exist when these mitigation measures are analysed in relation to the Project interactions identified by this Study:

• The mitigation measures are not based on consultation outcomes with T’Sou- ke Nation, but rather on general literature review and results of engagement with other potentially affected Aboriginal communities that may not share the same traditional marine resource use values as T’Sou-ke Nation.

• The mitigation measures are based on a narrow scope of potential interactions between the Project and T’sou-ke’s traditional marine resources use activities. By considering traditional marine resource use as a single VC, the proponent does not adequately address interactions of the Project with different aspects of T’Sou-ke traditional marine use and knowledge, including fishing, foreshore gathering, hunting, travel, and cultural activities.

• In general, the mitigation measures provided by the Proponent are not clear and measurable, and are not provided with a time frame during which the mitigation measure will be achieved, reducing the confidence that can be held in the success attributed to these mitigation measures individually and in combination.

• While some of the presented mitigation measures may ultimately be relevant or useful in reducing residual effects, they often lack specificity and rely upon future processes of planning or consultation to develop their details, which makes their potential influence on actual anticipated impacts uncertain and again reduces the confidence that can be held in their success.

• While an Oil Spill Response Plan has been developed to mitigate the effects of potential accidents and malfunctions, there is no publically available information on how actual response would be implemented. Therefore, it is unclear how this plan will provide appropriate measures against potential oil spill effects on T’Sou-ke Nation traditional marine resource use values.

• Loss of T’Sou-ke Nation’s marine values based on a worst-case scenario oil spill is limited to monetary compensation, which fails to address how loss of culture, livelihood, and other intangible values associated with traditional marine resources will be addressed.

• Providing updates on Project-related marine traffic and initiating an outreach program to communicate Project-related information may have some beneficial effects on public safety, but does not mitigate the impacts of increased heavy tanker traffic on the ability and willingness of T’Sou-ke members to practice their rights in – and move through – the shipping lanes for the Project.

Kinder Morgan’s Trans Mountain Expansion Project 83 • Most mitigation measures related to increased Project-related vessel traffic are deferred to third party oversight under the Canada Marine Act, and no actual mitigation measures are provided for many traffic-related impacts that will affect T’Sou-ke Nation traditional marine use values.

• Loss of marine-related economic opportunities such as aquaculture and ecotourism are not addressed as valid Project interactions nor are they mitigation against or accommodated for.

• The Proponent indicates that there are appropriate processes in place to address some of the Project-related impacts such as injury of marine users and marine life resulting from increased tanker traffic. However, the provisions upon which these processes will be executed are not provided, making the mitigation (and by extension any confidence in it) unclear.

• The proposed mitigation measures do not address the wider changes that will potentially occur on T’Sou-ke territory due to Project-related increases in traffic in a regular operations scenario and in an oil spill scenario, including:

o A reduction in the cultural connection members feel toward the area in general due to increased traffic disturbances, contamination fears, the loss of harvesting sites, and increased noise; and

o A reduction of cultural continuity and in transmission of traditional knowledge due to a decline in cultural practices, avoidance of subsistence resources harvesting sites, or decline of important traditional resources.

As the Proponent acknowledges, the proposed mitigation measures will not fully eliminate Project effects including:

• Sensory disturbance for marine users and marine mammals.

• Disturbance of harvesting sites and activities.

• Alteration or loss of subsistence marine resources (mammals, birds, fish, and plants) due to increased Project-related traffic and vessel wake.

• Reduction in abundance of harvested resources.

• Degradation of marine water quality and local air quality.

• Increased physical injury or mortality of marine mammals due to a vessel strike.

• Damage to community marine vessels and/or injury or loss of gear.

• Loss of ability to practice culture and traditions.

• Economic loss due to disruption of marine-related community economic development activities.

Nonetheless, no (or inadequate) accommodation for these unavoidable impacts is committed to by the Proponent. Nor are the sum of – or implications of – these

84 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report adverse effects on T’Sou-ke clearly identified in the Proponent’s submissions to date.

As a result of gaps in proposed mitigation and accommodation measures, the Project interactions determined by this Study are largely unaddressed. The following section provides a re-evaluation of the potential Project residual effects to determine the significance of each of the residual effects on the T’Sou-ke VCs identified in this Study.

5.2 Characterization and Evaluation of Residual Effects on VCs

Consideration of proposed mitigations in relation to Project interactions drawn from the TMRU Study indicates that the residual Project effects, after mitigation, can be summarized and characterized as follows for each of the TMRU Study’s VCs.

5.2.1 Fishing

5.2.1.1 Summary of potential residual effects on fishing

Section 4.3 provides a discussion of the potential interactions of the Project with T’sou-ke’s fishing values. After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) are:

• Reduced ability of T’Sou-ke members to catch enough fish for their subsistence and cultural needs, due to:

o Decreased numbers of salmon and other key fish species in the Project area;

o Increased cumulative effects on marine pollution from garbage, fuel, and bilge water;

o Introduction of invasive species through bilge water;

o Increased risk of small oil spills or other pollution events;

o Reduced confidence in health and safety of consuming marine species due to potential contamination and uncertainty over contamination; and

o Damage to community fishing vessels and/or injury or loss of gear.

• Potential permanent (for multiple generations in the future) loss of fishing areas and related T’Sou-ke knowledge and culture.

Kinder Morgan’s Trans Mountain Expansion Project 85 5.2.1.2 Characterization of potential residual effects on fishing

After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) can be characterized as follows:

Direction – Negative – The interaction between fishing values and the Project impacts such as increased marine traffic and oil spills is expected to decrease T’Sou-ke Nation fishing.

Magnitude – medium – based on the following evaluation rationale:

• Sensitivity: medium – fishing activities are expected to be interrupted by Project-related marine traffic when vessels are passing by, but are likely to resume afterwards. T’Sou-ke Nation fishing is however highly sensitive to contamination and reductions in fish populations.

• Importance: high – fishing, particularly for salmon, is central to T’Sou-ke’s way of life and salmon is a staple food source for many households.

• Rarity: high – the T’Sou-ke river system is connected with the marine waters within the Project area. There are limited alternatives for salmon harvesting during the annual salmon runs within T’Sou-ke’s traditional territory.

• Community concern: high – T’Sou-ke members are very concerned about the impacts of Project-related increases in traffic and contamination on fish habitats and the quantity and quality of catch.

• Degree of change: low – T’Sou-ke members are less likely to change fishing practice due to increased Project-related marine traffic. However, contamination due to small oil spills, bilge water and other chemicals, and uncertainty over this contamination, is likely to cause avoidance.

Geographic extent – regional – interaction between Project effects and fishing values could occur at any point along the shipping lanes as well as in other areas of the marine RSA.

Duration – long term – potential disruptions of fishing values by Project-related marine traffic or contamination are expected to extend through the operational life of the Project.

Reversibility – irreversible – interactions of Project effects with fishing values are expected to extend through the operational life of the Project and are unlikely to return to pre-impact conditions due to their multi-generational nature, which could result in, for example, a permanent reduction of fishing knowledge and readily available equipment such as boats and nets.

Frequency – high – Project-related marine vessels will be present daily along the shipping lanes through the operational life of the Project.

Probability – high – interactions between Project-related effects and fishing values

86 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report have a high likelihood of occurrence.

Context – Sensitive, declining, and highly important – cumulative effects of forestry and commercial fishing activities have significantly reduced the amount of fish in both marine and tidal river environments, and accessibility to waters capable of supporting subsistence fishing.

Environmental and Cultural Consequence Rating – High.

5.2.2 Coastal Gathering and Hunting

5.2.2.1 Summary of potential residual effects on coastal gathering and hunting

Section 4.4 provides a discussion of the potential interactions of the Project with T’sou-ke’s Coastal Gathering and Hunting values (including harvesting clams, oysters, mussels, and other shellfish; hunting ducks and geese; picking berries and other plants). After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) are:

• Reduced ability of T’Sou-ke members to harvest foreshore resources, due to:

o Disturbance of marine and foreshore habitat areas for clams, octopus, mussels and a variety of other marine species;

o Damage or loss to community foreshore harvesting gear;

o Increased foreshore pollution and garbage;

o Potential contamination of foreshore subsistence resources due to small oil spills or other pollution events;

o Potential contamination of T’Sou-ke Nation commercial oyster farm and other foreshore economic activities;

o Reduced confidence in health and safety of marine and foreshore species due to perceived and observed contamination; and

o Increased sensory disturbance of T’Sou-ke Nation members during foreshore harvesting activities due to the sight of ship traffic in the strait.

• Reduced ability of T’Sou-ke members to harvest coastal resources including berries, mammals, and waterfowl due to contamination and fears of contamination due to small oil spills or other pollution events; and

• Potential permanent (for multiple generations in the future) loss of coastal resources and related T’Sou-ke knowledge.

Kinder Morgan’s Trans Mountain Expansion Project 87 5.2.2.2 Characterization of potential residual effects on coastal gathering and hunting

The potential residual effects for daily operations (i.e., not in the event of a large-scale spill) after consideration of the Proponent’s proposed mitigation measures can be characterized as follows:

Direction – Negative – The interaction between Coastal Gathering and Hunting values and the Project-related marine vessels and spills is expected to decrease traditional marine use.

Magnitude – medium – based on the following evaluation rationale:

• Sensitivity: low – foreshore activities may be interrupted by Project-related marine vessel wakes when vessels are passing by but are likely to resume afterwards. Coastal hunting and gathering is however sensitive to contamination and ecosystem change.

• Importance: high – foreshore activities such as harvesting seafood is at the core of T’Sou-ke livelihood.

• Rarity: high – seafood harvesting within the T’Sou-ke territory is mainly concentrated within the Project RSA and around the T’Sou-ke reserves.

• Community concern: high – T’Sou-ke members are very concerned about Project-related impacts on coastal gathering and hunting activities, particularly foreshore activities and habitats.

• Degree of change: medium – T’Sou-ke members are likely to avoid foreshore and coastal harvesting activities in the case of perceived or observed contamination.

Geographic extent – regional – interaction between Project effects and coastal gathering and hunting values are expected to occur throughout the RSA.

Duration – long-term – disruptions of coastal gathering and hunting values by Project- related marine traffic wakes or contamination or ecosystem impacts, including from bilge water, are expected to extend through the operational life of the Project.

Reversibility – irreversible – interactions of Project effects with foreshore values are expected to extend through the operational life of the Project, and are likely to be irreversible due to their multigenerational nature, which may result in a permanent loss of knowledge and skills required for gathering resources in coastal areas.

Frequency – high – Project-related marine vessels will be present daily along the shipping lanes through the operational life of the Project.

Probability – high – interactions between Project-related effects and coastal gathering and hunting values have a high likelihood of occurrence.

Context – Sensitive, declining, and highly important – cumulative effects of forestry,

88 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report commercial fishing activities, and contamination have significantly reduced the amount of subsistence resources available for hunting and gathering in coastal areas.

Environmental and Cultural Consequence Rating – High.

5.2.3 T’Sou-ke Nation Travel

5.2.3.1 Summary of potential residual effects on T’Sou-ke Nation Travel

Section 4.4 provides a discussion of the potential interactions of the Project with T’sou-ke’s marine travel values in the Project area, including Sooke Basin, Sooke Harbour and across the Strait of Juan de Fuca. After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) are:

• Increased risk of accidents and interference with small boat navigation (including canoes and subsistence fishing boats) in the Strait of Juan de Fuca and the Salish Sea due to vessel wakes;

• Reduced ability or willingness of T’Sou-ke members to travel within the Study area for subsistence harvesting, commercial fishing, or cultural activities due to safety concerns caused by increased traffic and vessel wakes; and

• Potential permanent loss of knowledge and use of traditional marine travel routes and travel skills.

5.2.3.2 Characterization of potential residual effects on T’Sou-ke Nation travel

After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) can be characterized as follows:

Direction – Negative – interactions between marine transportation values and the Project-related marine vessels are expected to decrease marine travel.

Magnitude – medium – based on the following evaluation rationale:

• Sensitivity: high – transportation values are expected to be interrupted by Project-related marine vessel traffic along the shipping lanes.

• Importance: medium – marine travel is used by T’Sou-ke members to access harvesting sites and participate in cultural activities, and some of these routes run through the project footprint.

• Rarity: medium – the shipping lanes run across some of the marine travelways used by community members to access harvesting sites and participate in cultural activities. There are alternative routes along the coast, but there are no alternatives if T’Sou-ke members wish to cross the straits.

Kinder Morgan’s Trans Mountain Expansion Project 89 • Community concern: high – T’Sou-ke members are very concerned about their safety and continued ability to use the marine travel routes due to expected increase in Project-related vessel traffic.

• Degree of change: medium – T’Sou-ke members are likely to avoid marine travel in the project footprint and LSA due to fear of accidents and the irreconcilability of cultural practices with the visual landscape of heavy oil tanker traffic. Marine travel along the coast is unlikely to be impacted by day-to-day Project operations.

Geographic extent – Local – interaction between Project effects and travel values is expected to occur along the shipping lanes.

Duration – long-term – disruptions of travel values through Project-related marine traffic are expected to extend through the operational life of the Project.

Reversibility – irreversible – interactions of Project effects with travel values are expected to extend through the operational life of the Project and will therefore be irreversible due to their multi-generational nature, which will disrupt knowledge transmission and future use.

Frequency – high – Project-related marine vessels will be present daily along the shipping lanes through the operational life of the Project.

Probability – high – interactions between Project-related effects and reduction in use of travelways have a high likelihood of occurrence.

Context – Sensitive, declining, and important – cumulative effects of increased marine traffic have already significantly increased the amount of traffic along the waterways, causing safety concerns and avoidance by T’Sou-ke members.

Environmental and Cultural Consequence Rating – High.

5.2.4 Cultural Continuity

5.2.4.1 Summary of potential residual effects on cultural continuity

Section 4.5 provides a discussion of the potential interactions of the Project with T’sou-ke’s cultural heritage values including teaching sites, burial sites, ancestral village sites, camping sites, and spiritual and cultural sites. After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) are:

• Loss of essential teaching areas and animal species required to pass on T’Sou-ke knowledge and practices to younger generations;

• Reduction in the daily practice of T’Sou-ke knowledge and culture (including harvesting, food processing, feasting, and community-wide food sharing) due to a reduction in subsistence harvesting practices caused by impacts from

90 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report the Project; and

• Damage to and/or loss of invaluable cultural heritage sites, including burial grounds, due to increased vessel wakes, localized pollution, garbage from ships washing up on the shoreline, and visual pollution from ship traffic in the straits; and

• Reduction in the cultural connection T’Sou-ke members feel to the Study area due to localized pollution, garbage from ships washing up on the shoreline, visual pollution from ship traffic in the straits, and fear of a future major oil spill event.

5.2.4.2 Characterization of potential residual effects on cultural continuity

After consideration of the Proponent’s proposed mitigation measures, the potential residual effects for daily operations (i.e., not in the event of a large-scale spill) can be characterized as follows:

Direction – Negative – interactions between cultural continuity values and the Project- related marine vessels are expected to decrease the practice and transmission of T’Sou-ke Nation heritage and culture.

Magnitude – high – based on the following evaluation rationale

• Sensitivity: high – cultural continuity values are tied to the ongoing practice of T’Sou-ke Nation knowledge and use, which may be reduced due to Project impacts. Heritage sites such as burial sites along the shoreline may also be damaged by increased vessel wakes.

• Importance: high – cultural heritage, teaching areas and burial sites are important to T’Sou-ke members.

• Rarity: high – teaching areas and places to practice T’Sou-ke Nation cultural activities (including subsistence harvesting) are not available elsewhere in the Project LSA and RSA. Alternative T’Sou-ke cultural heritage values including burial sites are also not available in the RSA.

• Community concern: high – T’Sou-ke members are very concerned about their ability to continue their cultural practices due to Project-related impacts.

• Degree of change: high – T’Sou-ke members are likely to avoid certain teaching areas, cultural sites, and harvesting sites due increased vessel wakes, localized pollution, garbage from ships washing up on the shoreline, and visual pollution from ship traffic in the straits.

Geographic extent – regional – interaction between Project effects and cultural heritage values is expected to occur throughout the RSA.

Duration – long-term – disruptions of cultural heritage values are expected to extend through the operational life of the Project.

Kinder Morgan’s Trans Mountain Expansion Project 91 Reversibility – irreversible – interactions of Project effects with cultural heritage values are expected to extend through the operational life of the Project, and are likely irreversible due to their multi-generational nature, which may permanently disrupt knowledge transmission.

Frequency – high – Project-related marine vessels will be present daily along the shipping lanes through the operational life of the Project.

Probability – high – interactions between Project-related effects and cultural heritage values have a high likelihood of occurrence.

Context – Sensitive, declining, and highly important – cumulative effects of increased marine traffic and commercial fishing activities have significantly reduced desirable areas for cultural heritage practices.

Environmental and Cultural Consequence Rating – High.

5.2.5 Impacts of a Major Oil Spill on T’Sou-ke Nation Knowledge and Use

5.2.5.1 Summary of potential residual effects of a major oil spill on T’Sou-ke Nation Knowledge and Use

Section 4.7 provides a discussion of the potential interactions of Project-related large-scale oil spills with T’Sou-ke Nation knowledge and use of the marine and coastal environment. The assessment is based on a worst-case scenario (total loss of containment for an Aframax tanker) as presented by the Proponent in Volume 8A: section 5.6 of the Application. After consideration of the Proponent’s proposed mitigation measures, the potential residual effects in the event of a large-scale spill can be characterized as follows:

• Inability of T’Sou-ke members to fish for subsistence or cultural needs;

• Inability of T’Sou-ke members to harvest coastal resources including seafood, berries, mammals, and waterfowl;

• Damage to and/or loss of invaluable cultural heritage sites, including burial grounds;

• Economic loss due to contamination impacting marine-related community economic development activities including oyster farm and ecotourism;

• Loss of T’Sou-ke culture and knowledge caused by the reduction in practice of cultural activities related to subsistence fishing, gathering, or hunting, potentially for several generations, due to the destruction of subsistence resources; and

• Psychosocial trauma in the event of a spill due to damage and destruction of T’Sou-ke territory and resources used for generations as a foundation for T’Sou-ke way of life.

92 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 5.2.5.2 Characterization of potential residual effects of a major oil spill on T’Sou-ke Nation knowledge and use

After consideration of the Proponent’s proposed mitigation measures, the potential residual effects in the event of a worst-case scenario large-scale spill can be characterized as follows:

Direction – Negative – interactions between T’Sou-ke traditional marine use values and a Project-related tanker oil spill are expected to decrease traditional marine use activities

Magnitude – very high – based on the following evaluation rationale:

• Sensitivity: very high – traditional marine use values are tied to the ongoing practice of T’Sou-ke Nation knowledge and use, which may be greatly reduced due to Project impacts. Harvesting sites and heritage sites along the shoreline are also likely to be damaged by an oil spill.

• Importance: very high – traditional marine use activities such as fishing and hunting are highly important to T’Sou-ke members.

• Rarity: very high – harvesting of marine resources (including, but not limited to, clams, salmon, and oysters) by T’Sou-ke Nation members is largely limited to the Project LSA and RSA.

• Community concern: very high – T’Sou-ke members are very concerned about their ability to continue their cultural practices in the event of a Project-related oil spill.

• Degree of change: very high – T’Sou-ke members are likely to avoid certain harvesting sites and cultural activities due to contamination and fear of contamination in the event of a major spill.

Geographic extent – regional – interaction between an oil spill and marine resources is expected to occur throughout the RSA.

Duration – long-term – disruptions of traditional marine resource harvesting due to a major oil spill can be expected to last for decades.

Reversibility – irreversible – interactions of Project effects with marine resource harvesting due to a major oil spill are expected to be long term, and are unlikely to return to pre-impact conditions due to their multi-generational nature.

Frequency – low – frequency of major tanker oil spills is low, however accidents and malfunctions do occur, as demonstrated by documented history.

Probability – low – the probability of a major oil spill is low, but accidents and malfunctions do occur, as demonstrated by documented history.

Context – Sensitive, declining, and highly important – cumulative effects of forestry and commercial fishing activities have significantly reduced the amount of marine

Kinder Morgan’s Trans Mountain Expansion Project 93 resources, and accessibility of water capable of supporting traditional marine resources and use values.

Environmental and Cultural Consequence Rating – Very high – a major oil spill would have multi-generational, extremely high magnitude effects on both T’Sou-ke culture and the resources it relies upon.

5.2.6 Summary of characterization of residual effects on all VCs

The residual effects of the Project on T’Sou-ke traditional marine knowledge and use are likely to be adverse, and of very high environmental and cultural consequence, largely because the proposed Project will have impacts on areas of high value, including areas that are highly important for traditional marine harvesting activities, transportation, and cultural activities. The Project is therefore likely to further impact on T’Sou-ke Nation’s VCs, particularly in areas where practice of T’Sou-ke Nation’s Aboriginal rights and interests are already impaired because of unaddressed cumulative industrial impacts.

Table 3 presents a summary of the characterization of residual effects for each of the TMRU Study’s VCs, with the Environmental and Cultural Consequence Rating, and significance evaluation.

94 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Table 3: Summary of the characterization of residual effects for each of the TMRU Study’s VCs, with the Environmental and Cultural Consequence Rating, significance evaluation, and confidence level of the predictions.

Residual Effect Characterization Evaluation extent Confidence and Cultural Significance Context Duration Consequence Direction Environmental Environmental Frequency Magnitude Probability Geographic Reversibility Valued Component Valued

Sensitive, Regional: Long- declining, Fishing Negative Medium irreversible High High High Significant High within RSA term and highly important

Coastal Sensitive, Regional: Long- declining, Gathering Negative Medium irreversible High High High Significant High and within RSA term and highly Hunting important Sensitive, Local: Long- declining Marine Negative Medium irreversible High High Medium Significant High Travel within LSA term and important

Sensitive, Regional: Long- declining, Cultural Negative High irreversible High High High Significant High Continuity within RSA term and highly important

Sensitive, Regional: Long- declining, Major Oil Negative High irreversible Low High Very High Significant High Spill within RSA term and highly important

5.2.7 Significance determination and confidence

Residual effects from the Project on T’Sou-ke traditional marine knowledge and use from the Project are anticipated to be significant for all VCs (see Table 3) as residual effects on all VCs fulfill the criteria of:

• Strong concern or interest by T’Sou-ke members; and

• Clearly discernible (measurable or perceivable) changes to the preferred exercise of a culturally important practice, use of land, water, or resources, or Aboriginal right.

This is based on the most sensitive receptors or most vulnerable users, which in the case of this Project is understood to be T’Sou-ke members relying on marine and coastal resources associated with the Project footprint, LSA and RSA.

The conclusions of significance are based on the information collected in the Study, analysis of proposed mitigation measures, and consideration of existing cumulative effects on T’Sou-ke traditional marine knowledge and use within the Project footprint, LSA, and RSA. These conclusions are therefore made with a high degree of confidence.

Kinder Morgan’s Trans Mountain Expansion Project 95 SECTION 6

Conclusions

6.1 Summary of Baseline and Residual Effects

Based on the information gathered for this Study, it is possible to state with a high degree of confidence that the TMEP Study area is of critical importance to T’Sou-ke Nation knowledge, use, and occupancy, and the continued ability to meaningfully practice treaty rights.

Data collection and analysis for this Study were organized around four valued components (VCs).

• Fishing

• Coastal Gathering and Hunting

• T’Sou-ke Nation Marine Travel

• Cultural Continuity

Study site-specific (mapped) data clearly indicates an exceptionally high level of T’Sou- ke Nation use and cultural practice within the Study area for each of the Study’s VCs. The data clearly shows that T’Sou-ke Nation members intensively use the Study area for fishing, collecting seafood, plant collecting, habitation, group gatherings, travelling, and other cultural practices that are integral to T’Sou-ke Nation Aboriginal and treaty rights. Efforts to teach cultural heritage to future T’Sou-ke Nation generations are focused on a variety of sites within the proposed Project LSA and RSA. As such, the Study area is of extremely high cultural importance and use value to T’Sou-ke Nation members, particularly Sooke Basin, Sooke Harbour, the area immediately outside of Sooke Harbour, as well as the coast of the Strait of Juan de Fuca from at least Race Rocks at the eastern end of the Strait to the western mouth of the Strait.

96 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report As a result of gaps in the Proponent’s proposed mitigation measures, the Project interactions determined by the Study are as-yet largely unaddressed in this EA and merit careful and detailed reconsideration by the Proponent and the EA decision- makers, in consultation with T’Sou-ke Nation. The residual effects of the Project on T’Sou-ke traditional marine knowledge and use are likely to be adverse, and of environmental and cultural consequences ranging from medium to very high, largely because the proposed Project may have impacts in the short-term and for generations on areas of high value, including areas that are highly important for traditional marine harvesting activities, transportation, and cultural activities.

Likely residual effects from the normal operations mode of the Project include the following:

• Reduced ability of T’Sou-ke members to catch enough fish for their subsistence and cultural needs;

• Reduced ability of T’Sou-ke members to harvest foreshore and coastal resources including seafood, berries, mammals, and waterfowl;

• Reduced ability or willingness of T’Sou-ke members to travel by boat within the Study area, particularly the Project footprint, for subsistence harvesting, commercial fishing, or cultural activities;

• Damage to and/or loss of invaluable cultural heritage sites, including burial grounds, due to pollution and garbage from ships washing up on the shoreline;

• Loss of essential teaching areas and animal species required to pass on T’Sou-ke knowledge and practices to younger generations; and

• Reduction in the daily practice of T’Sou-ke knowledge and culture (including harvesting, food processing, feasting, and community-wide food sharing) due to a reduction in subsistence harvesting practices caused by impacts from the Project that could potentially persist for several generations.

Likely residual effects from a large-scale oil spill from the Project include the following:

• Multi-generational, potentially permanent adverse effects on the ability of T’Sou-ke members to practice their traditional mode of life and Aboriginal rights due to:

o Inability of T’Sou-ke members to fish for subsistence or cultural needs due to destruction of fish populations;

o Inability of T’Sou-ke members to harvest coastal resources including seafood, berries, mammals, and waterfowl due to loss of key species;

o Damage to and/or loss of invaluable cultural heritage sites, including burial grounds; and

o Economic loss due to contamination of marine-related community economic development activities including oyster farm and ecotourism.

Kinder Morgan’s Trans Mountain Expansion Project 97 • Loss of T’Sou-ke culture and knowledge due to the reduction in practice of cultural activities related to subsistence fishing, gathering, or hunting due to the destruction of subsistence resources, potentially for multiple generations; and

• Psychosocial trauma in the event of a spill due to immediate and long-term damage and destruction of T’Sou-ke territory and resources that have been a foundation for T’Sou-ke way of life for generations.

Based on available information, and considering past, present, and reasonably foreseeable future developments, the Project is therefore likely to further impact on the Study’s VCs, particularly in areas where practice of T’Sou-ke Aboriginal rights and title are already impaired because of unaddressed cumulative industrial impacts.

6.2 Recommendation: Monitoring and Accountability

Due to the nature and extent of Project effects, it is likely that full mitigation of key Project effects on T’Sou-ke Nation knowledge and use would not be possible. Should the Project be approved, monitoring and accountability measures agreeable to the T’Sou-ke Nation should be established, particularly where the effectiveness of mitigation remains uncertain at the end of the EA. The goal of these measures should be to develop a community-based monitoring and accountability program that T’Sou-ke Nation members trust, and that communicates effectively the actual risks and effects, and what they could mean for how T’Sou-ke Nation members use their marine waters and coastal areas.

98 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report 6.3 Closure

Should you wish to discuss any aspect of this report, please do not hesitate to contact T’Sou-ke Nation directly.

Sincerely,

______Rachel Olson, Ph.D.

The Firelight Group Research Cooperative Suite 253 - 500 Johnson, Victoria, B.C. V6W 3C6 T: (250) 590-9017

Kinder Morgan’s Trans Mountain Expansion Project 99 Works Cited

Aboriginal Affairs and Northern Development Canada. 2013. “Treaty Text - Douglas Treaties.” http://www.aadnc-aandc.gc.ca/eng/1100100029052/1100100029053.

Aboriginal Affairs and Northern Development Canada. 2015. “Registered Population.” http://pse5-esd5.ainc-inac.gc.ca/fnp/Main/Search/FNRegPopulation. aspx?BAND_NUMBER=657&lang=eng.

Alfred, T. 2009. Colonialism and state dependency. Journal of Aboriginal Health, November 2009, 42-60. National Aboriginal Health Organization (NAHO).

Anderson, Robert Brent. 1999. Economic Development among the Aboriginal Peoples of Canada: The Hope for the Future. North York, Ont: Captus Press.

Barnes, Rosemary, Nina Josefowitz, and Ester Cole. 2006. Residential Schools Impact on Aboriginal Students’ Academic and Cognitive Development. Canadian Journal of School Psychology 21(1-2): 18-32.

Basso, K. H. 1996. Wisdom sits in places: Landscape and language among the Western Apache. UNM Press.

Berkes, F. 1999. Sacred Ecology: Traditional Ecological Knowledge and Resource Management. Taylor & Francis.

Bombay, Amy, Kimberly Matheson, and Hymie Anisman. 2011. The impact of stressors on second generation Indian residential school survivors. Transcultural Psychiatry 48(4): 367-391.

Brody, H. 1981. Maps and Dreams: Indians and the British Columbia Frontier. Vancouver: Douglas & McIntyre.

Chandler, M. J. and C.E. Lalonde. 2007. Cultural continuity as a moderator of suicide risk among Canada’s First Nations. In The Mental Health of Canadian Aboriginal Peoples: Transformations, Identity and Community, Kirmayer, L. and Valaskakis, G., Eds. Vancouver: University of British Columbia Press.

Department of Fisheries and Oceans Canada. 2013. “Pacific Region Sanitary Closures - Closure 20.1.” 14–6. http://www.pac.dfo-mpo.gc.ca/fm-gp/contamination/sani/area- secteur-20/20.1-eng.html.

DeRoy, Steven. 2012. Using geospatial and network analysis to assess accessibility to core homeland areas of the Athabasca Chipewyan First Nation (ACFN) in the context of increasing oil sands development. Dissertation for Masters of Geographic Information Science. University College London.

100 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Elias, Brenda, et al. 2012. Trauma and suicide behaviour histories among a Canadian indigenous population: An empirical exploration of the potential role of Canada’s residential school system. Social Science & Medicine 74(10): 1560-1569.

Forest Practices Board. 2011. Cumulative Effects: From Assessment Towards Management. Report. Accessed July 26, 2014 at http://www.fpb.gov.bc.ca/SR39_Cumulative_ Effects_From_Assessment_Towards_Management.pdf

Grant, Agnes. 1996. No End of Grief: Indian Residential Schools in Canada. Winnipeg, MB: Pemmican Publications.

Greig, L. and P. Duinker. 2007. Scenarios of Future Developments in Cumulative Effects Assessment: Approaches for the Mackenzie Gas Project. Prepared for Mackenzie Gas Project – Joint Review Panel.

Hegmann, G., C. Cocklin, R. Creasey, S. Dupuis, A. Kennedy, L. Kingsley, W. Ross, H. Spaling, and D. Stalker. 1999. Cumulative Effects Assessment Practitioners Guide. Hull: CEAA.

International Finance Corporation. 2013. Good Practice Handbook: Cumulative Impact Assessment and Management: Guidance for the Private Sector in Emerging Markets

Johanneson, Kathy. 1990. That Was Our Way of Life. Memories of Susan Lazzar Johnson, T’Sou-Ke Elder. Sooke: Sooke Region Museum.

Kew, J.E. Michael. 1981. History of Coastal British Columbia since 1846. In Handbook of North American Indians, Wayne Suttles, ed. Northwest Coast: 159–68. Washington, DC: Smithsonian Institution Scholarly Press.

Kirmayer, Laurence, Cori Simpson, and Margaret Cargo. 2003. Healing traditions: Culture, community and mental health promotion with Canadian Aboriginal peoples. Australasian Psychiatry 11(1): S15-S23.

Kirmayer, L. and G. Valaskakis G. 2004. The Mental Health of Canadian Aboriginal Peoples: Transformations, Identity and Community. Vancouver: University of British Columbia Press.

Laurie, Sandra, Darlene George, and Francine George. 1988. Legends of the T’Sou-Ke and West Coast Bands. Sooke: Sooke Region Museum.

Loppie-Reading, C. and F. Wien. 2009. Health inequalities and social determinants of Aboriginal people’s health. Prince George: National Collaborating Centre for Aboriginal Health. Electronic document, http://cahr.uvic.ca/wp- content/uploads/2011/05/ NCCAH-report-LoppieWein-download11.pdf.

McCormick, R.M. 2000. Aboriginal traditions in the treatment of substance abuse. Canadian Journal of Counseling, 34(1), 25–32.

McCormick, R. M. 1997. Healing through interdependence: The role of connecting in first nations healing practices. Canadian Journal of Counseling, 31(3), 172–184.

McCormick, R. M. 1994. The facilitation of healing for the First Nations people of British Columbia. Unpublished dissertation, Vancouver: University of British Columbia.

Kinder Morgan’s Trans Mountain Expansion Project 101 Noble, Bram. 2014. Review of the Approach to Cumulative Effects Assessment in Spectra Energy’s Environmental Assessment Certificate Application for the Westcoast Connector Gas Transmission Project.Report for the Blueberry River First Nation. May 31.

Palmer, A. D. 2005. Maps of experience: The anchoring of land to story in Secwepemc discourse (Vol. 31). University of Toronto Press.

Peers, Elida, and Sooke Region Museum (Sooke. 2004. The Sooke Story: The History and the Heartbeat. Sooke: Sooke Region Museum.

Province of British Columbia. 2015. “First Nations Treaty Negotiations - T’Sou-Ke Nation.” http://www2.gov.bc.ca/gov/topic.page?id=9C408BDEE1194C38B0103F02A550FE43 &title=T%27Sou-ke%20Nation.

Regan, Paulette. 2010. Unsettling the settler within: Indian residential schools, truth telling, and reconciliation in Canada. Vancouver, BC: UBC Press.

Smith, Dawn, Colleen Varcoe, and Nancy Edwards. 2005. Turning around the intergenerational impact of residential schools on Aboriginal people: Implications for health policy and practice. CJNR (Canadian Journal of Nursing Research) 37(4): 38-60.

Stein, Julie K. 2000. Exploring Coast Salish Prehistory: The Archaeology of San Juan Island. Burke Museum Monograph 8. Seattle: University of Washington Peess/Burke Museum of Natural History and Culture.

Suttles, Wayne. 1974. Coast Salish and Western Washington Indians: The Economic Life of the Coast Salish of Haro and Rosario Straits. American Indian Ethnohistory: Indians of the Northwest. New York: Garland Publishing.

Suttles, Wayne. ed. 1981. Handbook of North American Indians, Vol. 7: Northwest Coast. Washington, DC: Smithsonian Institution Scholarly Press.

Suttles, Wayne. Coast Salish Essays. Seattle: University of Washington Press, 1987

Te’mexw Treaty Association. 1998-2003. Te’mexw Mapping Project (TMP). Te’mexw Treaty Association.

Thompson, Laurence C., and M. Dale Kinkade. 1981. “Languages.” InHandbook of North American Indians, edited by Wayne Suttles, 7: Northwest Coast:30–51. Washington, DC: Smithsonian Institution Scholarly Press.

Tobias, Terry N. 2000. Chief Kerry’s Moose: A Guidebook to Land Use and Occupancy Mapping, Research Design, and Data Collection. Vancouver: Union of BC Indian Chiefs : Ecotrust Canada.

Tobias, Terry. 2010. Living Proof: The Essential Data-Collection Guide for Indigenous Use- and-Occupancy Map Surveys. Vancouver: Ecotrust Canada and the Union of British Columbia Indian Chiefs.

102 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Trans Mountain Pipeline ULC. 2013. Trans Mountain Expansion Project. https://docs.neb-one.gc.ca/ll-eng/llisapi.dll/fet ch/2000/90464/90552/548311/956726/2392873/2451003/2392699/B5-41_-_V5B_ ESA_16of16_SOCIOEC_-_A3S1T0.pdf?nodeid=2392701&vernum=-2

T’Sou-ke Nation. 2014. “T’Sou-Ke Going Green... Really Green.”T’Sou-Ke Nation. February 11.http://www.tsoukenation.com/index.php/services/resources/ greenhouse-project/t-souke-going-green.

Turner, Nancy Chapman, and Marcus A.M. Bell. 1971. “The Ethnobotany of the Coast Salish Indians of Vancouver Island.”Economic Botany 25 (1): 63–104.http://www.jstor.org/ stable/4253212.

UNPAN (United Nations Public Administration Network). 2006. A Comprehensive Guide for Social Impact Assessment. Centre for Good Governance.

Vanclay, Frank. 2003. International Principles For Social Impact Assessment. Impact Assessment and Project Appraisal 21(1): 5–12.

Kinder Morgan’s Trans Mountain Expansion Project 103 Interviews Cited

T02. 2015. Transcript of January 27. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T04. 2015. Transcript of January 27. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T05. year unknown. Transcript of February 17. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T05. 1999. Transcript of June 15. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T05. 2015. Transcript of January 28. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T05. 2015. Transcript of February 13. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T06. 2015. Transcript of January 28. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T07. 2015. Transcript of January 29. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T10. 2015. Transcript of January 30. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T11. 2015. Transcript of February 16. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T12. 2015. Transcript of February 11. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T13. 2015. Transcript of February 10. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

104 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report T15. 2015. Transcript of February 10. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T16. 2015. Transcript of February 11. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T17. 2015. Transcript of February 11. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T19. 2015. Transcript of February 12. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T20. 2015. Transcript of February 12. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T21. 2015. Transcript of February 13. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T23. 2015. Transcript of February 16. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T25. 2015. Transcript of February 7. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T26. 2015. Transcript of February 17. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T27. 2015. Transcript of February 18. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T28. 2015. Transcript of February 18. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T29. 2015. Transcript of February 18. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T32. 2015. Transcript of February 20. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

Kinder Morgan’s Trans Mountain Expansion Project 105 T33. 2015. Transcript of February 20. Interview from the T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project. The Firelight Group Research Cooperative for T’Sou-ke Nation.

T36. 1997. Transcript of 13 February. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T36. 1997. Transcript of 18 February. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T37. 1997. Transcript of February 2. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association

T37. 1997. Transcript of February 21. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T37. 1997. Transcript of July 12. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

T37. 1997. Transcript of December 7. Interview from the Te’mexw Mapping Project (TMP) for the Te’mexw Treaty Association.

106 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report APPENDIX 1

Consent Forms

Kinder Morgan’s Trans Mountain Expansion Project 107 T’Sou-ke Nation Marine Resource Knowledge and Use Study of the Kinder Morgan Trans Mountain Pipeline Expansion Project Declaration of Informed Consent and Permission to Use Information

I (name) , on this day (complete date) , give permission for to interview me for the T’Sou-ke Nation Marine Resource Knowledge and Use Study of the proposed Kinder Morgan Trans Mountain Pipeline Expansion Project.

I understand that the study is being conducted by T’Sou-ke Nation (TN). The purpose of this study is to document the rights and interests of TN in the area of the proposed Kinder Morgan Trans Mountain Pipeline Expansion Project.

By signing below, I indicate my understanding that:

(a) I consent to have my words and responses recorded on maps, in notes, and using audio and video recording equipment.

(b) I am free to not respond to questions that may be asked and I am free to end the interview at any time I wish.

(c) The TN will maintain intellectual property rights over information and recordings collected through my participation and may use the information and recordings, including audio, video, or pictures, in pursuit of its claims, and for defending and communicating the rights, interests, and titles of its members. This includes, but is not limited to, sharing information for the purposes of negotiation or participation in regulatory or court proceedings.

(d) The TN will ask permission from me or my descendents, before using my information for purposes not indicated above.

For more information, please contact Michelle Thut, T’Sou-ke Band Administrator, at 250-642-3957.

I would like my name included in reports: yes no

I would like my quotes included in reports: yes no

Signature of participant Witness

______

PIN #:

The Firelight Group

108 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report APPENDIX 2

Interview Guide

Kinder Morgan’s Trans Mountain Expansion Project 109

INTERVIEW GUIDE FOR THE T’SOU-­‐KE NATION MARINE RESOURCE KNOWLEDGE AND USE STUDY FOR KINDER MORGAN’S TRANS MOUNTAIN EXPANSION PROJECT THIS GUIDE INCLUDES • Questions • Interview checklist • Interview overview • Mapping notes • Mapping codes Please read the guide completely before beginning interviews

INTRODUCTION 1

Complete the interview checklist, then read with AUDIO & VIDEO RECORDERS ON at the start of each session.

Today is [DATE]. We are interviewing [NAME] for the T’Sou-­‐ke Nation (TN) Marine Resource Knowledge and Use Study for the Kinder Morgan Trans Mountain . Expansion Project Thank you for coming.

My name is [NAME] and my co-­‐researcher(s) is/are [NAME(S)]. We’re at the [BUILDING] in [COMMUNITY/TOWN]. [NAME] has read and signed the consent forms, and we have assigned him/her participant ID [#] . We have explained the purpose of the study, mapping process, and interview plan.

Primary Goal: T’Sou-­‐ke Nation is working to document community knowledge and use by T’Sou-­‐ke Nation members in T’Sou-­‐ke Nation traditional territory in relation to the Kinder Morgan Trans Mountain Expansion Project. We’d like to know how you have used these areas, as well what you may know about how T’Sou-­‐ke Nation members have used them in the past.

110 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Interview Guide: T’Sou-­‐ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project

BACKGROUND EXPERIENCE & 2 Activities in and knowledge of the study area

PERSONAL INFORMATION • Full name • Place of birth • Age and year of birth • Where you were raised • Membership in T’Sou -­‐ke Nation • Parents and grandparents

GENERAL USE QUESTIONS Have you ever used the area within T’Sou-­‐ke traditional territory, or areas nearby? For fishing / hunting / trapping / camping / plant gathering / passing on traditional knowledge or language • If yes o When? o What do you do there? o Who with? o How did you learn about this area? • If no o Why not?

Have your family or community members ever used the area around the proposed , Project or areas nearby? • If yes o What activities did they do there? • If no o Why not?

Is the Study area important to you / your family / your community? Why?

RELEVANT Information to include • First hand experience • Second hand knowledge (map with *) • No use • Trapline number(s) of individual / family members • Other named family members • Remember to spell out all proper names

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HABITATION 3 Places camped or stayed overnight

PERMANENT HABITATION (PX) & TEMPORARY ITATION HAB (TX) Can you show us places you have stayed overnight? Examples: a cabin you built / use(d), a tent, campsite, other temporary or permanent structures. Include permanent boat docks.

How many times have you stayed there? How many times would you estimate you have used this area within that timeframe? Once shorterm= TX More than once or longterm= PX

OTHER HABITATION (PX OR TX AND *) Can you show us places you have heard stories about your family or other TN members staying overnight, but you haven’t stayed at yourself? How many times have they stayed there? Once shortterm= TX* More than once or longterm= PX*

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Interview Guide: T’Sou-­‐ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project

TRANSPORTATION CORRIDORS

Routes used for fishing / canoeing / hunting / habitation / other rights based 4 practices

WATER ROUTE (WR) Can you show water us routes you used have on the ocean, along creeks, lakes or rivers by boat? For personal fishing use ( , food gathering, hunting, camping, other rights based activities) Can you tell me when you started using this area? And when was the last time you used it? How many times would you estimate you have used this area within that timeframe? Can you show us old routes that used to be by TN members? (map with *)

TRAIL (TR) Can you show us routes you have travelled by road or by foot, ? horse or quad For personal fishing, use ( food gathering, hunting, camping, other rights based activities) Can you show us old trails that have been used by TN members? (map with *)

SUGGESTED Prompts for detailed knowledge and use • Why do you travel this route? • How did you learn about this route? • What do you do when you are travelling along here? • Is this the only route to get from point A to B, or is there an alternative? • Was this a new route, -­‐ or a well travelled, well-­‐recognized ute? ro • Is this route important to you / your family / community? Why? • Is this route important to sustaining your culture / way of life? • What is the farthest point that you have travelled?

SUGGESTED Prompts for detailed knowledge and use • Describe the location / the conditions • Why do you go there? • How did you find out about this place? / Who showed it to you? • What do you like about the place? • What activities do you do when staying there? • What does this place mean to you? • Is this place important to you / your family / community? Why? • Is this place important to sustaining your culture / way of life? How? • How would you explain the importance of this place to others? •

TIME CHECK! Need a break?

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SUBSISTENCE Fishing, collecting seafoods, hunting, and collecting medicines, plants and 5 resources for food for cultural purposes; special habitats / places that these rely on

KILLED OR TRAPPED FISH / SEAFOOD LFISH, (SHEL ETC) / S ANIMAL / BIRDS (…) Can you show us places where you have caught fish? Can you show us places where collected you have shellfish and other seafood? Personal use – to feed you / your family / your community, or to use for cultural purposes Can you tell me when you started using this the area? And when was last time you used it? How many times would you estimate you his have used t area within that timeframe? (Use codes on next page to prompt)

Can you show us places where you have killed or trapped animals or birds?

Can you show us places members where of your family or community have have caught fish? (map with*)

Can you show us places members where of your family or community have collected shellfish and other seafood? ? (map with * if participant was not there)

Can you show us places where members of your family or community have killed or trapped animals or birds? (map with * if participant was not ) there

ENVIRONMENTAL FEATURE (EF) Can you show us the locations of special habitats or environmental features that are important to fish / a nimals birds / plants? Examples: spawning areas, clam beds, mineral licks, calving or mating areas

ENVIRONMENTAL FEATURE CORRIDOR (EC) What routes fish do / birds / animals use to move between environmental features?

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SUGGESTED Prompts for detailed knowledge and use • Why do fish you / collect seafood / hunt / trap? • Who taught you how to fish / collect seafood / hunt / trap? Where? • Have you taught anyone fish how to / collect seafood / hunt / trap? Who? Where? • How important are these fish / shellfish / animals / birds to your daily life? • How many people can an average fishing trip / shellfish collecting trip feed? For how long? (individual / family / community) • What does it mean to you to be able fish / collect seafood / hunt trap? • Are these fish / seafood / animals / birds important to sustaining your culture / way of life? How? • How would you explain the importance fish of these / seafood / animals / birds to others? • Are any of these fish / seafood / animals / birds hard to find? Which ones?

FISH / SEAFOOD CATCH SITES AE = Sea Cucumber KB = Crab PD = Scallop AL = Abalone LI = Sealion SM = Salmon (all) OC = Octopus AM = Mussels OF = Other Fish ST = sturgeon BS = bass TN = tuna CL = Clams (all) OT = Otter ZL = smelt CR Char = OY = Oyster ZR = Roe (herring) FN = Flounder PE = perch GM = Cod (Pacific, Rock, Ling ) PL = Pollock GN = -­‐ Goose Neck Barnacle GW = Whale PW = Prawn/Shrimp HE = Herring RK = Rocksticker/stickshoe/chiton HL = Halibut RT = Rainbow trout HS Harbor = Seal SI = squid

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SUBSISTENCE CONTINUED

5 Codes: fishing / seafood collection / hunting / trapping

FURBEARER KILL SITES BG = Badger FX = Fox OT = Otter BO = Bobcat GH = Groundhog PA = Partridge BR = Beaver LX = Lynx SK = Skunk CK = Chipmunk WE = Weasel SQ = Squirrel CO = Coyote MK = Mink TP = General Trapping Area ER = Ermine MT = Marten WE = Weasel FI = Fisher MF = Mouse WO = Wolf FO = Other Fur Bearer MU = Muskrat WV = Wolverine

BIRD KILL SITES BM = Blue Heron GR = Grouse QA = Quail CQ = Crow HA = Hawk RV = Raven DU = Duck LO = Loon SC = Sand Hill Cranes EA = Eagle OB = Other Bird SN = Sandpipers FL = Falcon OW = Owl SO = Snowgeese FZ = Pheasant PA = Patridge SW = Swan GE = Geese PT = Ptarmigan

MAMMAL KILL SITES BB = Black Bear MM = Marmot GB = Grizzly bear OG = Other Game DE = Deer RC = Raccoon EK = Elk

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SUBSISTENCE CONTINUED 5 Codes: medicines / plants / other resources

BERRIES / PLANTS / OTHER RESOURCES (…) Can you show us places where you / your family/ community have collected collected berries / medicines plants / / water / other resources? (Prompt with codes below)

PLANTS / WATER / OTHER RESOURES AB = Aspen Bark MS = Mosses / Mushrooms BA = Barks (crafts, construction, etc.) ON = Wild Onion BE = Berries / Wild Fruit OP = Other Plant BL = Balsam PA = Parsnip KA = Camas PC = Pine Cones CB = Cambium PI = Pincherry CT = Cat Tail PU = Plums CW = Cottonwood PP = Poplar DL = Dandelion PB = Poplar Sap DP = Dye Plant RH = Wild Rhubarb EG = Eggs RS = Rose Bush EM = Earth Material (rocks, clays, etc.) RW = Rotten Wood FE = Feathers SG = Spruce Gum FP = Food Plants (roots, ) bulbs WA = Water (drinking water sources) FW = Firewood WT = Wheat FD = Fireweed WL = Wild Rice JU = Juniper / Crow Trees WK = Wild Carrots KE = Kelp/Seaweed WS = Wild Lillies LP = Lily Pad WB = Wild Root

MEDICINE PLANTS (MP) CC = Choke Cherry Bark PC = Pine Cones CE = Cedar Tea PM = Peppermint CI = Chi RD = Red Willow DC = Devils Club RE = Red Willow Bark FR = Flowers RR = Rat Root / Weecay FU = Fungus SA = Sage LB = Labrador Tea SE = Sweet Grass MA = Mountain Ash TM = Tamarack MI = Mint Tea WG = Willow MG = Muskeg Tea WI = Willow Fungus NB = Northern Bed Straw YS = Yellow Slippers

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Can you show us places where you’ve collected medicine plants? Personal use – collected medicine for you / your family / your community

Can you show us places where members of your family / community have collected medicine plants? (map with *)

Include for each mapped site in Google Earth descrition field of the dialogue box

MAPPING Include for each mapped site in Google Earth description field of the dialogue box • First and last use (day / month / season AND year / decade) • Why do you collect medicine / plants / resources? • What do you do with the medicine / plants / resources?

SUGGESTED Prompts for detailed knowledge and use • Why do you collect medicine / plants / resources? • What are these medicines / plants / resources used for? • How important are these medicines / plants / resources to your daily life? • Who taught you about collecting and using medicine / plants / resources? Where? • Have you taught anyone about collecting and using medicine / plants resources? Who? Where? • Are these medicines / plants / resources important to sustaining your culture / way of life? How? • How would you explain the importance of these medicines / plants / resources to others?

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CULTURAL USE 6 Gatherings / ceremonies / teaching areas / burials / spiritual places

place names

GATHERING PLACE (GP) Can you show us important places where people gather? Examples: pow wows, rodeos, treaty celebrations • Use by you / your family members / your community • Current or past

CEREMONIAL PLACE ) (CP Can you show us places that are used for ceremonies? Examples: cultural dances, sweat lodges • Use by you / your family members / your community • Current or past

TEACHING AREA (TA) Can you show us any places that have special knowledge or stories associated with them? Examples: creation stories, dreamier stories, histories • Who told you?

Can you show us places that are used for teaching knowledge to children or others? • Current or past • Use by you / your family members / your community

BURIAL (BU) Can you show us places where EFN members of are buried or where their remains are (e.g. cremation)? • Know firsthand or heard from family / community members

SPIRIT (SP) Can you show us places where spirit beings live or there are special rules about how you act or respect the place? • Know firsthand or heard from family / community members

PLACE NAME (PN) Can you show us any places that have special place names?

MAPPING Include for ach e mapped site in Google Earth description field of the dialogue box • First and last use (day / month / season AND year / decade) • Who they were with / who they heard about it from

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IMPAIRED USE 7 Specific and general impaired use due to impacts from industry and other

reasons

GENERAL IMPAIRED USE (GL) Can you show us any general areas where you used to hunt / gather / fish / camp/ practice other rights, but do not ymore go an because of impacts from industry or other reasons?

SPECIFIC IMPAIRED E US (SL) Can you show us any specific places where you used to hunt / gather / fish camp practice other rights, but where you do not do those activities anymore because of impacts from industry or other reasons?

MAPPING • Map at an eye height of approximately 10km or less (1:50,000 or better) • Transportation routes and linear features should be controlled (follow natural features, do not draw a straight line from A to B) Include for each mapped site in Google Earth description field of the dialogue box • First and last use (day / month / season AND year / decade) • Reason for avoidance

SUGGESTED Prompts for detailed knowledge use and • Why can you no longer go to this area? • What activities did you used to do in this area? • How often did you go to or use this area? • Can you do those activities somewhere else? • How does it make you feel that you can no longer go to or use this area? • How has the loss of use impacted you / your family / your community? • Has the loss of use impacted your culture / way of life? How? • How would you explain the importance of this area to the others? • How would you explain the impact that not area being able to use the has had on you to others?

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FINAL QUESTIONS & CONCLUSION 8

s

REVIEW MAPPED DATA Ensure all participant’s mapped sites are showing.

• Based on your understanding of the Project, do project you think the proposed and its associated tanker routing will affect your ability to enjoy your treaty rights or way of life? o If so, how so? o What about your children’s or grandchildren’s ability to enjoy their treaty rights or way of life?

• What do you think the most important T’Sou things are for -­‐ke Nation to focus on in relation to the proposed Project?

• Are there any other important places or issues related to the Project that you think we should be documenting today?

• Are there other T’Sou-­‐ke members that we should talk to?

CONCLUSION Read with audio & video recorders on after every session

Today is _____, 2015. We have just finished interviewing _____for the T’Sou-­‐ke Nation Knowledge and Use Study. Thank you for coming.

My name is _____ and I’m here at the _____ building in _____ with _____. We’ve given _____ participant ID #_____. We’ve mapped a total of _____ sites in Google Earth at 1:50,000 or better, and recorded a total of _____ tracks on the digital recorder. Notes are recorded in/on _____. This interview has taken approximately _____ hours _____ minutes.

MAPPING • Save audio and video files to computer and portable hard drive o Example: X08_ParticipantName_ 21JAN2015_01.mp3 • Save KMZ files • Complete interview tables and notes • Upload all files to Alfresco

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INTERVIEW CHECK LIST

MAKE SURE YOU HAVE • Laptop with mouse, microphone, projector, video camera, and other equipment • Batteries (AA, AAA, 9V), memory cards, laser pointer, extension cord • Consent forms, notebooks, pens, and other supplies • Gifts and/or honoraria for participants

SET UP GOOGLE EARTH • Make sure project area with place name layers are projected on the screen • Set up file structure (see example) o If interviewing more than one person, make sure each participant has a separate folder o Organize data into industry, base data, past studies, or TUS sub-­‐ folders

CHECK YOUR EQUIPMENT • Make sure audio settings are set to record on MP3 (not WAV) • Always test your recorders and microphones by playing back audio and video recorders

INFORM THE PARTICIPANT AND MAKE HEM T COMFORTABLE • Get them tea / coffee / water • Explain the interviews and why we are doing them • Let them know that we will be reporting back to them and the community • Explain the interview plan (see “Overview and Introduction”)

BEFORE STARTING THE INTERVIEW • Record the details of the interview (participant id, interview date, location, recording info, etc.) in database • Read the consent form to the participant and ask them to sign it • Start your recorders

REMINDERS DURING THE INTERVIEW • Keep list of place names • Spell out all proper names, including those of individuals • Ask relevant questions (see prompts) to get more detailed information about knowledge and use o Note: Prompts are intended as suggestions only. You do not need to ask every question about every mapped site. Use your judgment. • Note when there are good quotes and record time code or mapped site

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Interview Guide: T’Sou-­‐ke Nation Traditional Marine Resource Knowledge and Use Study for Kinder Morgan’s Trans Mountain Expansion Project

INTERVIEW OVERVIEW

INTRODUCTIONS • Primary interviewer – name and role • Secondary interviewer – name and role

MAPPING • Google Earth imagery projected on the wall o Where applicable: existing TUS data already collected through previous projects may be projected • Eye height of approximately 10km or less (1:50,000 or better) • Digital mapping using line points, and polygons • Enter site codes and other data

INTERVIEW • The interview will take about 2 to 3 hours to complete o Break about half way through o Can stop the interview at any time • Three main sections or types of questions o First: background and experience n i project area o Second: specific places or resources, especially within 5km of the Project area §. Includes: camps, trails, hunting and fishing areas, berry or plant collection areas, important habitat, cultural or spiritual places, and other places you consider important o Third: how you think the Project, if it goes forward, will affect you, your family, and Eabametoong First Nation? • Questions o Some questions are very broad, and others very detailed o Some questions may sound obvious, but it is important we get things in your own words o The reason for these questions is so that EFN can be in a better position to defend information, if needed, in court or . elsewhere o If there are things we don’t ask about, but you think we should raise in our reports regarding EFN use and Treaty 8 rights in the Project area, please let us know.

STORAGE OF RESULTS • Digital video and voice recordings, and notes • Maps and all computer files will be saved to the hard drive and on a portable storage device • All files will belong to the EFN and will be stored and managed by the Lands Office.

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MAPPING NOTES

Map at an eye height of approximately 10km or less (1:50,000 or better)

Label each site consistently in the NAME FIELD of the (see site properties dialogue box ex.) • Each code in should indicate o Site use o Site number o Modifiers (if relevant) o Source (participant ID) • Modifiers (after the site number) o Firsthand knowledge has no modifier §. Example: TX01-­‐X08 (member with ID# X08 reports first mapped temporary shelter place where she has camped) o Secondhand knowledge is mapped with a * §. Example: TX01*-­‐X08 o Approximate spatial information is mapped with a ? §. Example: TX01?-­‐X08 o Commercial use (including guiding/outfitting) is mapped with a $ §. Example: TX01$-­‐X08 o If all modifiers are used, this is what it would look like: TX01*?$-­‐X08

All other information goes in the DESCRIPTION FIELD of the dialogue (see box example)

Transportation routes and all linear features should be controlled • Zoomed in to less than 10km eye height • Follow the actual route and natural features (not a straight line from A to B)

Include for each mapped site in Google Earth DESCRIPTION FIELD of the dialogue box • First and last use (day / month / season AND year / decade) • Frequency of use • Species (if relevant) • Number and names of members who were present

Other • Keep list of place names • Spell out proper names where possible for the recording • Use prompts to gain detailed access and use information

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APPENDIX 3

Proponent’s Identified Potential Effects, Proposed Mitigation Measures, and Residual Effects on T’Sou-ke Nation

Kinder Morgan’s Trans Mountain Expansion Project 125 Table 4 outlines the potential impacts of the TMEP on T’Sou-Ke Nation traditional marine resource use as identified by the Proponent, and the corresponding mitigation measures proposed by the Proponent. It also highlights some of the gaps and residual effects in the proposed mitigation measures, highlighted both by the Proponent and through this Study. The key areas of TMEP impacts discussed include:

• Increased Traffic

• Oil Spill

• Cumulative Impacts

It is important to note that this list is not exhaustive but rather serves to highlight some of the major Project impacts on T’Sou-ke Nation traditional marine use and the gaps in the proposed mitigation measures.

Table 4: the potential impacts of the TMEP on T’Sou-Ke Nation traditional marine resource use, mitigation measures proposed by the Proponent and gaps and residual effects. Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

Increased Tanker Traffic: The proposed TMEP will increase the number of oil tankers by 750% per month, from 4 tankers per month to 34 tankers per month.

Note: The proponent defers most of the implementation of control measures for potential effects of the increase in Project-related marine vessel traffic to the regulators of Canada Marine Act (Transport Canada, CCG, Port Metro Vancouver (PMV) and Pacific Pilotage Authority (PPA).

• Disruption of travelling • Project tankers shall utilize the • Increased • Potential permanent to and from resource common shipping lanes, already disruptions of travel loss of knowledge gathering sites resulting used by all large commercial to access marine and use of marine in reduced access to vessels for passage between harvesting sites. travel routes and skills harvesting sites. the Pacific Ocean and PMV and harvesting and • Disruption of (A4A0W1). fishing sites used for harvesting activities. generations. • Trans Mountain will provide regular updated information on Project-related marine vessel traffic to fishing industry organizations, Aboriginal communities and other affected stakeholders, where possible, through the Chamber of Shipping of BC (COSBC).

• Trans Mountain will initiate a public outreach program prior to Project operations phase. Communicate any applicable information on Project-related

126 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

timing and scheduling with fishing industry organisations, Aboriginal communities and other affected stakeholders.

• Increased pollution • Trans Mountain will require all • Degradation of • Reduced confidence and contamination tankers to process and empty marine water quality. in health and safety of (introduction of non-native their bilges prior to arrival and marine species due to • Odor or invasive species) of to have the discharge valve of potential contamination degradation of local marine water and locally the bilge water locked while in air quality. harvested resources Canadian waters. resulting from increased routine release of bilge water and use of marine anti-fouling paints

• Reduced abundance • No mitigation measures • Increased injury • Permanent (for of harvested resources recommended for effects of vessel or mortality of marine multiple generations due to disturbance (plant wake (Page 8A–286). Deferred to fish, mammals and in the future) loss of gathering along beaches TC and CCG. plants due to vessel foreshore resources swept off by increased wake. and related T’Sou-ke waves)- tankers may knowledge. • Increased physical collide with killer whales, injury or mortality of a baleen whales and other marine mammal due marine mammals to a vessel strike.

• Reduced level of safety • Transport Canada requires • Damage to • Potential permanent (navigation hazards) for all vessels, including tankers, community marine loss of knowledge and T’Sou-Ke community to comply with the International vessels and/or injury. use of marine travelways members using small Regulations for Preventing used for generations. • Damage or loss of canoes and boats along or Collisions at Sea (with Canadian gear. across the tanker shipping Modifications) and other lanes to access resource major international maritime gathering sites and conventions. practice cultural activities. • Trans Mountain will ensure an untethered tug accompanies the Project-related tankers through the Strait of Georgia and between Race Rocks and the

Kinder Morgan’s Trans Mountain Expansion Project 127 Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

12 nautical mile limit in addition to tug requirements to assist with navigation. The tug can be tethered for extra navigational assistance, if needed.

• Tanker owners have third-party insurance coverage in place to address vessel damage, gear loss or injury.

• Trans Mountain will ensure vessel owners and operators have appropriate processes in place to address vessel damage, gear loss or injury.

• Transport Canada and the Transportation Safety Board carry out investigations at the appropriate level in case of a collision between vessels.

• Accelerated erosion • No mitigation measures • Disturbance to • Loss of essential on the beaches affecting recommended for effects of vessel intertidal habitat due teaching areas required harvested plants and wake (Page 8A–286). to vessel wake. to pass on T’Sou-ke marine life and habitats knowledge and practices and archeological sites to younger generations. along the shoreline • Psychosocial trauma resulting from increased in the event of a spill tanker wakes frequency. due to damage and destruction of T’Sou-ke territory and resources used for generations.

128 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

• Increased audio and • All Project-related marine • Sensory • Reduced abundance visual disturbance from vessels will be fitted with exhaust disturbance due to of harvested marine large vessels affecting silencers similar to those already underwater noise resources such as the marine harvested in use through industry standards from vessels (may seals and other marine species (seals, fish and (Page 8A–274). include temporary species due to sensory invertebrate species) displacement, disturbance. • No mitigation measures resulting in reduced catch. startle response, recommended for effects of increased energy singular sound level events (Page expenditure, reduced 8A–274). foraging efficiency, • Mitigation deferred to communication Transport Canada and CCG (Page masking, change in 8A–316) activity state, and/or increased stress).

• Increase in average daytime or nighttime sound levels for human receptors.

• Annoyance of human receptors by singular sound level events.

Oil Spill

Worst case scenario (total loss of containment for an Aframax tanker) impacts and Proponent’s proposed mitigation measures (8A–610)

• Contamination or loss • A party may be compensated • Contamination of • Loss of source of (mortality) of harvested for costs and damages related to subsistence marine livelihood. species- (fish, shellfish, an oil spill from a vessel through resources. • Loss of subsistence waterfowl, plants). a combination of the Responsible marine resources. Party’s insurance, sources of international funding, and the • Loss of ability to Canadian SOPF (8A–612) practice culture and traditions.

• Psychosocial trauma in the event of a spill due to damage and

Kinder Morgan’s Trans Mountain Expansion Project 129 Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

destruction of T’Sou-ke territory and resources used for generations.

• Disruption of planned • Trans Mountain will continue • Economic loss due marine related economic to provide regular updated to disruption of marine development activities i.e. information on Project-related related community ecotourism, aquaculture. marine vessel traffic to fishing economic development industry organizations, Aboriginal activities. communities, and other affected stakeholders, where possible through the Chamber of Shipping of BC (COSBC)

• Trans Mountain will initiate a public outreach program prior to Project operations phase. Communicate any applicable information on Project-related timing and scheduling with fishing industry organisations, Aboriginal communities and other affected stakeholders

• Contamination and/ • A party may be compensated • Contamination of • Loss of subsistence or increased mortality of for costs and damages related to subsistence marine marine resources. fish, birds and mammals an oil spill from a vessel through resources • Economic loss due resulting from chemicals a combination of the Responsible to disruption of marine and methods used to Party’s insurance, sources of related community clean up a potential oil international funding, and the economic development spill. Canadian SOPF. activities.

• Loss of source of livelihood.

• Loss of cultural transmission activities.

130 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

Cumulative Effects • Project contribution • Trans Mountain will continue • Limits in ability to to cumulative effects on to provide regular updated practice traditions and subsistence activities information on Project-related culture. and sites (real estate marine vessel traffic to fishing • Shrinking harvestable development, forestry industry organizations, Aboriginal habitat. activities, increased communities, and other affected tanker traffic, accidents stakeholders, where possible • Increased disruptions and malfunctions, through the Chamber of Shipping of travel to access contamination) of BC (COSBC) marine harvesting sites.

• Trans Mountain will initiate a • Disruption or loss of public outreach program prior harvesting activities. to Project operations phase. Communicate any applicable • Degradation of information on Project-related marine water quality. timing and scheduling with fishing industry organisations, Aboriginal communities and other affected stakeholders

• Project tankers shall utilize the common shipping lanes, already used by all large commercial vessels for passage between the Pacific Ocean and PMV (A4A0W1).

• Trans Mountain will require all tankers to process and empty their bilges prior to arrival and to have the discharge valve of the bilge water locked while in Canadian waters.

• Trans Mountain will require all tankers to process and empty their bilges prior to arrival and to have the discharge valve of the bilge water locked while in Canadian waters.

Kinder Morgan’s Trans Mountain Expansion Project 131 Impacts on Impacts on T’Sou-ke Nation Proponent’s Additional residual T’Sou-ke Nation traditional Marine resource identified residual effects identified by traditional Marine use identified by the effects this Study resource use identified Proponent by the Proponent

• Reduced value, • No mitigation provided • Loss of economic desirability and utility opportunities of proposed Treaty • Reduced ability to Settlement Lands due to practice culture and an oil spill traditions.

• Project contribution • No mitigation measures • Increased injury or to combined cumulative recommended for effects of vessel mortality of marine fish effects on marine fish wake (Page 8A–286). Deferred to and mammals due to and fish habitat, marine TC and CCG. vessel wake. mammals, and intertidal • Increased physical habitat injury or mortality of a marine mammal due to a vessel strike.

• Disturbance to intertidal habitat due to vessel wake.

• Increased sensory • All Project-related marine • Increase in sensory • Reduced abundance disturbance due to vessels will be fitted with exhaust disturbance due to of harvested marine the cumulative effects silencers similar to those already underwater noise. resources such as of underwater noise in use through industry standards seals and other marine • Increased sensory from existing marine (Page 8A–274). species due to sensory disturbance to marine vessel traffic acting in disturbance. • No mitigation measures users. combination with noise recommended for effects of from the increase in singular sound level events (Page Project-related marine 8A–274). vessel traffic • Generally, mitigation deferred to Transport Canada and CCG (Page 8A–316)

132 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report APPENDIX 4

Rachel Olson Curriculum Vitae

Kinder Morgan’s Trans Mountain Expansion Project 133 Curriculum Vitae Rachel Olson

Rachel Olson

Education Employment History Doctor of Philosophy in The Firelight Group – North Vancouver, BC Social Anthropology, Director (2009 to Present ) University of Sussex, Responsible, as co-­‐founder and director, for helping establish The Firelight Brighton, UK, 2013 Group, a firm of aboriginal and non-­‐aboriginal professionals specialized in Master of Research in providing respectful and respected environmental and social science Social Anthropology research, with consulting, and support services in processes where aboriginal Distinction, Ethnology and non-­‐aboriginal interests interact, and where good relationships are and Cultural History, desired by all sides. Tasks include business development, as well University of Aberdeen, design, development, and delivery of technical services including Scotland, UK, 2003 community-­‐based traditional knowledge research and documentation systems, environmental and socio-­‐cultural impact assessments and Bachelor of Arts in monitoring programs, indigenous land use mapping, GIS technical support Anthropology with and training, archival research, community involvement processes, and Distinction, University of First Nations consultation support services. , Edmonton, AB, 1999 National Aboriginal Health Organization – Ottawa, ON Research Officer (2007 to 2008)

As a member of the First Nations Centre research team, my primary research areas were the topics of maternity care and environmental health. Also held the research opment proposal devel and workshop development files. Tasks included primary research, technical writing, and participating in various committees and workshops across Canada. Was primary author of NAHO’s series entitled, “Celebrating Birth”. United Nations Educational, cientific S and Cultural Organization -­‐ Paris, France Consultant (2006-­‐2007) Worked with the LINKS (Local and Indigenous Knowledge Systems) program in the Science and Sector facilitated ongoing projects with indigenous communities in New Zealand, a, Micronesi and Central America. Also focused on proposal development and editing publishing various LINKS documents, including edited volumes. School of Nursing Research, University of – British Columbia Vancouver, BC Social Science Researcher (2004-­‐2005) Position of Health Research Associate for the research project, “Access to Primary Care Services for Aboriginal People in an Urban Centre.” Duties include literature reviews, project coordination, and data collection, including participant observation of an Emergency Department, and in-­‐ depth interviews with aboriginal patients and health . professionals

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134 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Curriculum Vitae Rachel Olson Curriculum Vitae Rachel Olson

Ecotrust Canada – Vancouver, BC

Rachel Olson Aboriginal Mapping Network Coordinator (2003-­‐2004) Managed the Aboriginal Mapping Network program by meeting and engaging with like-­‐minded individuals and organizations at various Education Employment History conferences and workshops. Coordinated of over 120 aboriginal mapping Doctor of Philosophy in The Firelight Group – North Vancouver, BC professionals from across North America, Malaysia and Panama for the Social Anthropology, Director (2009 to Present ) “Mapping for Communities: First Nations, GIS and the Big Picture” University of Sussex, conference, held on November 20-­‐21, 2003 in Duncan, BC. Conducted a Responsible, as co-­‐founder and director, for helping establish The Firelight Brighton, UK, 2013 comprehensive evaluation of the Aboriginal Mapping Network. Group, a firm of aboriginal and non-­‐aboriginal professionals specialized in Master of Research in providing respectful and respected environmental and social science Dene Tha’ First -­‐ Nation Chateh, AB Social Anthropology research, with consulting, and support services in processes where aboriginal Data Collection Manager (2001 to 2003) Distinction, Ethnology and non-­‐aboriginal interests interact, and where good relationships are and Cultural History, desired by all sides. Tasks include business development, as well Developed and implemented Traditional n Use Study i two First Nations University of Aberdeen, design, development, and delivery of technical services including communities, Chateh and Meander River. Included developing research Scotland, UK, 2003 community-­‐based traditional knowledge research and documentation design, methodology, training community researchers, and reporting to systems, environmental and socio-­‐cultural impact assessments and the Steering Committee of the Dene Tha’ Consultation Pilot Project. Bachelor of Arts in monitoring programs, indigenous land use mapping, GIS technical support Treaty 8 Tribal Association -­‐ Fort St. John, BC Anthropology with and training, archival research, community involvement processes, and Distinction, University of Interview Coordinator -­‐ (1999 2000) First Nations consultation support services. Alberta, Edmonton, AB, Coordinated land use mapping and life history interviews with community 1999 National Aboriginal Health Organization – Ottawa, ON researchers in two communities, Halfway River and Doig River, focusing Research Officer (2007 to 2008) on qualitative methodolog ies and mapping processes.

As a member of the First Nations Centre research team, my primary Project Experience – Traditional Ecological Knowledge (TEK) and Traditional Use Studies (TUS) research areas were the topics of maternity care and environmental health. Also held the research opment proposal devel and workshop Tlicho Government Project manager echnical and t lead for the Tlicho Government indigenous development files. Tasks included primary research, technical writing, and knowledge study for the Fortune Minerals NICO project. The project participating in various committees and workshops across Canada. Was Northwest Territories involved methodology development, data collection, analysis and final primary author of NAHO’s series entitled, “Celebrating Birth”. reporting. Presented findings at the public hearings of the MacKenzie Valley Environmental Impact Review Board. United Nations Educational, cientific S and Cultural Organization -­‐ Paris, France Consultant (2006-­‐2007) Treaty 8 Tribal Researcher for a Traditional Knowledge, Use and Occupancy Study for the Worked with the LINKS (Local and Indigenous Knowledge Systems) Association Proposed ‘Site C’ Area along the . The project involved work program in the Science and Sector facilitated ongoing projects with planning, gap analysis, methodology development, and leading field Northeastern British indigenous communities in New Zealand, a, Micronesi and Central interviews using direct-­‐to-­‐digital mapping. America. Also focused on proposal development and editing Columbia publishing various LINKS documents, including edited volumes. School of Nursing Research, University of – British Columbia Vancouver, Mikisew Cree First Co-­‐researcher for an Indigenous Knowledge study for -­‐ assessing Shell BC Nation specific oil sands development projects near Fort McKay. The project Social Science Researcher (2004-­‐2005) involved work planning, gap analysis, methodology development, and leading and participating in field interviews using direct-­‐to-­‐digital Position of Health Research Associate for the research project, “Access to Primary Care Services for Aboriginal People in an Urban Centre.” Duties mapping. include literature reviews, project coordination, and data collection, including participant observation of an Emergency Department, and in-­‐ depth interviews with aboriginal patients and health . professionals

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Kinder Morgan’s Trans Mountain Expansion Project 135 Curriculum Vitae Rachel Olson

Athabasca Chipewyan Co-­‐researcher for the collection of traditional ecological knowledge data First Nation and the for the Use and Traditional Ecological Knowledge Study. Mikisew Cree First The project involved interviews with community members and active land Nation users, established methodologies, data analysis, and final reporting. Northern Alberta

UNESCO-­‐LINKS Coordinated the Maori language ion vers of the CD-­‐ROM project, The Canoe is the People, entitled He Waka He Tangata. -­‐ The goal of the CD New Zealand ROM is to revitalize the transmission of indigenous knowledge by strengthening the dialogue between elders and youth. New ICT tools like CD-­‐ROMs are recognized as powerful vehicles for traditional knowledge and the bolstering of oral traditions. The CD-­‐ROM includes 70 videos, 41 stories and accounts, 40 images and diagrams, of which 11 are animated, in addition to numerous maps, photos and texts.

Dene ha’ T Nation Developed and implemented Traditional Use Study in two First Nations communities, Chateh and Meander River. Included developing research Alberta design, methodology, training community researchers, and reporting to the Steering Committee the of Dene Tha’ Consultation Pilot Project.

Halfway River First Coordinated land use mapping and life history interviews with community Nation researchers. Included training in qualitative methodolog ies and mapping processes. British Columbia

Doig River First Nation Coordinated land use mapping and life history interviews with community researchers. Included training in qualitative methodolog ies and mapping British Columbia processes.

Tr’ondek Hwech’in First Oral History Project (1999), focused on collecting life history interviews Nation with elders, and stories of life in fish camps along the Yukon River. Yukon

Halfway River First Completed site reports for the Halfway River First Nation Traditional Use Nation Study as earch a res assistant for Third Stone Community Research. British Columbia Project Experience – Health and Social National Aboriginal Assisted in the organization of the annual meeting, and wrote the

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136 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Curriculum Vitae Rachel Olson Curriculum Vitae Rachel Olson

Athabasca Chipewyan Co-­‐researcher for the collection of traditional ecological knowledge data Council of Midwives annual report for the Council. Ongoing participation with the Council First Nation and the for the Athabasca River Use and Traditional Ecological Knowledge Study. and continue to support through technical writing/proposal Canada-­‐wide Mikisew Cree First The project involved interviews with community members and active land development as requested. Nation users, established methodologies, data analysis, and final reporting.

Northern Alberta Norway House Cree On-­‐going engagement with the community and local midwifery Nation program. Designing and implementing a body mapping workshop with mother’s focused on their childbirth experiences. Working UNESCO-­‐LINKS Coordinated the Maori language ion vers of the CD-­‐ROM project, The Manitoba collaboratively with the midwifery program and students on a broader Canoe is the People, entitled He Waka He Tangata. -­‐ The goal of the CD project with regards to rural and remote maternity care. New Zealand ROM is to revitalize the transmission of indigenous knowledge by strengthening the dialogue between elders and youth. New ICT tools like CD-­‐ROMs are recognized as powerful vehicles for traditional knowledge and the bolstering of oral traditions. The CD-­‐ROM includes 70 videos, 41 Ktunaxa Nation Wrote the health and language section of “Section C: Ktunaxa Nation stories and accounts, 40 images and diagrams, of which 11 are animated, Use, Rights and Interests Assessment for Teck Coal’s Line Creek Southern British Columbia Operations Phase II Project”. The project involved interviews, data in addition to numerous maps, photos and texts. analysis and final reporting.

Dene ha’ T Nation Developed and implemented Traditional Use Study in two First Nations National Aboriginal Celebrating Birth Series. Researched and wrote all papers and communities, Chateh and Meander River. Included developing research documents associated with the National Aboriginal Health Alberta design, methodology, training community researchers, and reporting to Health Organization Organization’s series on maternal health. the Steering Committee the of Dene Tha’ Consultation Pilot Project. Canada-­‐wide

Halfway River First Coordinated land use mapping and life history interviews with community Opaskwayak Cree Nation Assisted in the conducting of interviews for a qualitative study on Nation researchers. Included training in qualitative methodolog ies and mapping mother’s experiences of childbirth from a northern Manitoban processes. Manitoba community. Part of the Strengthening Families: Maternal Child Health British Columbia Program Evaluation program.

Doig River First Nation Coordinated land use mapping and life history interviews with community Red Road HIV/AIDS Researcher for the “Mapping the Road to Healthier Communities” map researchers. Included training in qualitative methodolog ies and mapping British Columbia Network directories of health services for the City of Vancouver and the Northern processes. British Columbia region. Guest Editor for “Bloodlines” . magazine British Columbia Continuing support in research and writing as requested. Tr’ondek Hwech’in First Oral History Project (1999), focused on collecting life history interviews Nation with elders, and stories of life in fish camps along the Yukon River. Mother Saradadevi Social MSSSS is a grassroots NGO working with HIV/AIDS, both in prevention Yukon Service Society and care, in the Dindigul District of Tamil Nadu. Conducted a baseline survey of youth and sexual health issues to aid in the development and Tamil Nadu, India implementation of prevention programmes in . the district Halfway River First Completed site reports for the Halfway River First Nation Traditional Use Selected Publications Nation Study as a research assistant for Third Stone Community Research. Olson, Rachel and Carol Griffin. (2012). An Evaluation of Midwifery Services in Manitoba. Midwives British Columbia Association of Manitoba for Manitoba Health. Winnipeg, Manitoba. Project Experience – Health and Social Olson, Rachel and Carol Couchie. (2010). Clearing the Path: An Implementation Plan for Midwifery National Aboriginal Assisted in the organization of the annual meeting, and wrote the Services in First Nations and Inuit Communities. Ottawa: Government of Canada.

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Kinder Morgan’s Trans Mountain Expansion Project 137 Curriculum Vitae Rachel Olson

Olson, Rachel. (2010). Restoring the Connection: Exploring Aboriginal midwifery and the context of the relocation for childbirth and in First Nation communities in Canada. In, Reproduction, Migration, and Identity. Unnithan-­‐Kumar, Maya, and Sunil Khana (eds). Forthcoming. National Aboriginal Health Organization. (2009). Celebrating Birth-­‐ Aboriginal Midwifery in Canada. Ottawa: National Aboriginal Health Organization. [Primary Author] National Aboriginal Health Organization. 2008. Celebrating -­‐ Birth Exploring the Role of Social Support in Labour and Delivery for First Nations Families. Women and Ottawa: National Aboriginal Health Organization. [Primary Author] Olson, Rachel. (2008). Exploring the Potential Role of Doulas and Doula Training for the Children and Youth Division of First Nations and Inuit Health, Health Canada. Ottawa: Government of Canada. Internal circulation only. Corbett J. M., Giacomo Rambaldi, Peter A. Kwaku Kyem, Daniel Weiner, Rachel Olson, Julius Muchemi and Robert Chambers (2006). Overview -­‐ Mapping for Change the emergence of a new practice.” Participatory Learning and Action 54. 13-­‐20. Candler, Craig, Rachel Olson, Steven DeRoy, and Kieran Broderick. (2006). PGIS as a Sustained (and Sustainable?) Practice: The Case of Treaty 8 BC. Participatory Learning and Action 54. Guest Editor. Participatory Learning and Action. Issue 54, April 2006. International Institute for Environment and Development. London, UK. Guest Editor. Bloodlines Magazine. Issue 5: Spring 2005. Red Road HIV/AIDS Network Society. West Vancouver, BC. Olson, Rachel. Contributor to Encyclopaedia of the Arctic. 2003. Ed. Mark Nutall. Fitzroy Dearborn, Routledge: New York, NY. Conferences / Workshops Paper presentation, Uncertainty and Disquiet: 12th European Association of Social Anthropologists Association. Paris, France, July, 2012. Presenter, Workshop on Indigenous Mapping and Cartography. United Nations Educational, Scientific and Cultural Organization, Paris, France, November, 2007. Keynote Presenter, Mapping for Change, – September 7 11, 2005 in Nairobi, Kenya, Africa Participant of Strategic Planning Sessions, ESRI International User Conference, July 2004 in San Diego, California Paper presentation, Indigenous Communities Mapping Initiative Conference, – March 10 15, 2004 in Vancouver, British Columbia Paper presentation, Breaking the Ice: nding Transce Borders through Collaboration and Interdisciplinary Research, 7th ACUNS Student Conference on Northern Studies, October 24-­‐26, 2003 at the University of Alberta, Edmonton, Alberta

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138 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Curriculum Vitae Rachel Olson

Other Information Member of the BC Aboriginal Perinatal Health Committee. Member of the Doula Training Committee.

Member of the Reading Panel for the 2004 Buffet Award for Indigenous Leadership in Portland, Oregon. Proficient user of software applications such as Microsoft Office, Nvivo, and SPSS. Completed the Labour t Suppor Course – Training Doulas, held by the Doulas of North America. October, 2004. Registered member of the Tr’ondek Hwech’in First Nation.

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Kinder Morgan’s Trans Mountain Expansion Project 139 Curriculum Vitae Tabitha Y. Steager

Tabitha Y. Steager

Education Employment History

PhD Interdisciplinary The Firelight Group, Victoria, BC, Canada Studies (Anthropology Senior Researcher (2013-­‐present) and Human Conduct research, field -­‐based and desktop, in collaboration with First Geography), Nations communities for traditional use studies (TUS), socioeconomic University of British studies, and regulatory support for economic development projects in Columbia, 2015. Canada. Including: §. Plan and carry out field research for TUS and socioeconomic studies MA Interdisciplinary with First Nations communities in Canada APPENDIX 5 Studies (Anthropology §. Develop research project scoping and plans for socioeconomic and Human studies Geography) §. Develop qualitative research methods University of British §. Analyse qualitative and quantitative data Columbia, 2009 §. Write reports for TUS, socioeconomic studies, and regulatory Tabitha Steager Curriculum Vitae submissions BA, summa cum §. Develop and manage research budgets as required laude, French, §. Present research results at community meetings University of New §. Attend meetings on behalf of and/or in conjunction with First Mexico, 1996 Nations communities with development project proponents as required. BA, summa cum §. Provide additional support where required laude, Asian Studies, University of New University of British Columbia Kelowna, BC Mexico, 1996 Instructor (Teaching in Higher Education ( Award) 2013) Designed and taught -­‐ an upper division anthropology course, ANTH 490Z Special Topics in Anthropology: Visual Ethnography, as part of the University of British Columbia’s competitive Teaching in Higher Education Fellowship Program.

University of British Columbia, Kelowna, BC Graduate Teaching Assistant (2007-­‐2010; 2012) Lesson design, student tutoring, and assignment evaluation. Management of other Graduate Teaching Assistants for large survey courses (ANTH . 100) §. Kinship and Social Organization (approx. 45 students) §. Anthropology of Religion (approx. 45 students) §. Introduction to Gender and Women’s Studies s) (187 student §. Introduction to Cultural Anthropology (Head TA of team 3; approx. 200 students) §. Anthropology of Gender (approx. 60 students) §. Culture, Health, and Illness (approx. 80 students) §. Introduction to Women’s Studies (approx. 175 students)

The Firelight Group, 253-­‐560 Johnson Street, Victoria, British Columbia, V8W 3C6 Page 1 of 5 140 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report Curriculum Vitae Tabitha Y. Steager

Tabitha Y. Steager

Education Employment History

PhD Interdisciplinary The Firelight Group, Victoria, BC, Canada Studies (Anthropology Senior Researcher (2013-­‐present) and Human Conduct research, field -­‐based and desktop, in collaboration with First Geography), Nations communities for traditional use studies (TUS), socioeconomic University of British studies, and regulatory support for economic development projects in Columbia, 2015. Canada. Including: §. Plan and carry out field research for TUS and socioeconomic studies MA Interdisciplinary with First Nations communities in Canada Studies (Anthropology §. Develop research project scoping and plans for socioeconomic and Human studies Geography) §. Develop qualitative research methods University of British §. Analyse qualitative and quantitative data Columbia, 2009 §. Write reports for TUS, socioeconomic studies, and regulatory submissions BA, summa cum §. Develop and manage research budgets as required laude, French, §. Present research results at community meetings University of New §. Attend meetings on behalf of and/or in conjunction with First Mexico, 1996 Nations communities with development project proponents as required. BA, summa cum §. Provide additional support where required laude, Asian Studies, University of New University of British Columbia Kelowna, BC Mexico, 1996 Instructor (Teaching in Higher Education ( Award) 2013) Designed and taught -­‐ an upper division anthropology course, ANTH 490Z Special Topics in Anthropology: Visual Ethnography, as part of the University of British Columbia’s competitive Teaching in Higher Education Fellowship Program.

University of British Columbia, Kelowna, BC Graduate Teaching Assistant (2007-­‐2010; 2012) Lesson design, student tutoring, and assignment evaluation. Management of other Graduate Teaching Assistants for large survey courses (ANTH . 100) §. Kinship and Social Organization (approx. 45 students) §. Anthropology of Religion (approx. 45 students) §. Introduction to Gender and Women’s Studies s) (187 student §. Introduction to Cultural Anthropology (Head TA of team 3; approx. 200 students) §. Anthropology of Gender (approx. 60 students) §. Culture, Health, and Illness (approx. 80 students) §. Introduction to Women’s Studies (approx. 175 students)

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and the final report. University of British Columbia, Kelowna, BC Instructor (2009) McLeod Lake Indian Researcher for Traditional Knowledge, Use, and Occupancy Studies as Designed and taught introductory survey course in cultural Band part of the consultation for process p roposed TransCanada Ltd. LNG anthropology for an accelerated summer session. Northeastern British pipeline projects, including Prince Rupert Gas Transmission Project and §. ANTH 100: Introduction to Cultural Anthropology (40 students) Columbia Coastal GasLink Pipeline Project. The projects involved work planning, gaps analysis, methodology development, leading field interviews using University of British Columbia, BC Kelowna, direct-­‐to-­‐digital mapping, on -­‐the-­‐ground field research, analysis and Research Assistant (2009) writing of interim and final reports, roject and attending p meetings with Conducted literature reviews -­‐ for CIHR funded Project: “Establishing the proponent and McLeod Lake Indian Band representatives. Cultural Safety Effecting and Organizational Change for Aboriginal Healthcare in the Urban Centres of the Okanagan Valley.” chelle Dr. Ra Saulteau First Nation Researcher for Traditional Knowledge, Use, and Occupancy and Hole, Principal Investigator. Northeastern British Socioeconomic Impact Assessment as Studies part of the consultation Columbia process for multiple industrial development projects. The TEK s project University of British Columbia, Kelowna, BC and University of Calgary, involved work planning, gaps analysis, methodology development, Calgary AB leading field interviews using -­‐ direct to-­‐digital mapping, analysis and Graduate Research Assistant (2008-­‐2009) writing of interim and final reports. The Socioeconomic Impact Conducted ethnographic interviews, qualitative analysis, and developed Assessment Study involved the design and leading focus groups and and led a methods training workshop for a team of ethnographic one-­‐on-­‐one interviews on -­‐ rights based harvesting levels and subsequent researchers for SSHRC-­‐funded Collaborative Research Project: “Families data analysis. in the New Millenium.” Dr. Shelley Pacholok, UBC, and Dr. Anne Gauthier, UC, -­‐ Co Research Chairs. T’Sou-­‐ke First Nation Lead researcher Trad for itional Marine Resource Kno wledge and Use Vancouver Island British Study as part of the consultation for process p roposed Kinder Morgan Project Experience – Traditional Ecological Knowledge (TEK) & Socieconomic Impact Columbia Trans Mountain Expansion Project. The project involved work planning, Assessment Studies gaps analysis, methodology development, leading field interviews using direct-­‐to-­‐digital mapping, training of a community researcher, and Blueberry River First Researcher for Traditional Knowledge, Use, and Occupancy and analysis and writing of interim and final reports. Nation Socioeconomic Impact Assessment as Studies part of the consultation Northeastern British process for the proposed TransCanada d. Lt Prince Rupert Gas Wabun Tribal Council Researcher for Traditional Knowledge, Use, Study and Occupancy as Columbia Transmission Project. The TEK project involved work planning, gaps Northern Ontario part of the consultation for process the proposed Energy East Pipeline analysis, methodology development, leading field interviews using Project. The project TEK involved work planning leading and field direct-­‐to-­‐digital mapping, analysis and writing of interim and final interviews using direct-­‐to-­‐digital mapping. reports. The Socioeconomic Impact Assessment Study involved the design and leading focus groups -­‐ and one on-­‐one interviews on -­‐ rights Conference Papers and Presentations based harvesting levels and subsequent data analysis. 2012 §. Using Participatory Photography in the Ethnography & of Food Agriculture. Paper Gitxaala Nation Lead researcher for a socioeconomic harvest study de veloping baseline presented at American Anthropological Association Annual Meeting, San Francisco, CA. Northwestcoast British rights-­‐based harvest details and gaps between rights and current November 13-­‐18. Columbia harvest levels. Included the development of study methodology, leading §. Invited Panel: Disciplinary Border Crossings: New & Experimental Data Collection Methods field focus groups, quantitative and qualitative data analysis, and the for Food Anthropology & Food Studies. Sponsored by the General Anthropology Section & writing of the final report. the Society for the Anthropology & of Food Nutrition §. Using Participatory Photography in an Ethnography & of Food Agriculture on Salt Spring Kitselas First Nation Lead researcher for a socioeconomic study outlining the Gitxaala Island, British Columbia. Paper presented at Association for the & Study of Food Northwestcoast British Nation’s traditional economy as part of the consultation process for the Society/Society for the Anthropology & of Food Nutrition/Agriculture & Human Values Columbia TransCanada Pipeline Ltd. Prince Rupert Gas Transmission Project. Society Annual Meeting, New York, NY, June 20-­‐24. Invited. Included the development of study methodology, budget management, leading field focus groups and survey implementation, quantitative and 2010 qualitative data analysis, and the writing -­‐ of an interim red flags report

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and the final report. University of British Columbia, Kelowna, BC Instructor (2009) McLeod Lake Indian Researcher for Traditional Knowledge, Use, and Occupancy Studies as Designed and taught introductory survey course in cultural Band part of the consultation for process p roposed TransCanada Ltd. LNG anthropology for an accelerated summer session. Northeastern British pipeline projects, including Prince Rupert Gas Transmission Project and §. ANTH 100: Introduction to Cultural Anthropology (40 students) Columbia Coastal GasLink Pipeline Project. The projects involved work planning, gaps analysis, methodology development, leading field interviews using University of British Columbia, BC Kelowna, direct-­‐to-­‐digital mapping, on -­‐the-­‐ground field research, analysis and Research Assistant (2009) writing of interim and final reports, roject and attending p meetings with Conducted literature reviews -­‐ for CIHR funded Project: “Establishing the proponent and McLeod Lake Indian Band representatives. Cultural Safety Effecting and Organizational Change for Aboriginal Healthcare in the Urban Centres of the Okanagan Valley.” chelle Dr. Ra Saulteau First Nation Researcher for Traditional Knowledge, Use, and Occupancy and Hole, Principal Investigator. Northeastern British Socioeconomic Impact Assessment as Studies part of the consultation Columbia process for multiple industrial development projects. The TEK s project University of British Columbia, Kelowna, BC and University of Calgary, involved work planning, gaps analysis, methodology development, Calgary AB leading field interviews using -­‐ direct to-­‐digital mapping, analysis and Graduate Research Assistant (2008-­‐2009) writing of interim and final reports. The Socioeconomic Impact Conducted ethnographic interviews, qualitative analysis, and developed Assessment Study involved the design and leading focus groups and and led a methods training workshop for a team of ethnographic one-­‐on-­‐one interviews on -­‐ rights based harvesting levels and subsequent researchers for SSHRC-­‐funded Collaborative Research Project: “Families data analysis. in the New Millenium.” Dr. Shelley Pacholok, UBC, and Dr. Anne Gauthier, UC, -­‐ Co Research Chairs. T’Sou-­‐ke First Nation Lead researcher Trad for itional Marine Resource Kno wledge and Use Vancouver Island British Study as part of the consultation for process p roposed Kinder Morgan Project Experience – Traditional Ecological Knowledge (TEK) & Socieconomic Impact Columbia Trans Mountain Expansion Project. The project involved work planning, Assessment Studies gaps analysis, methodology development, leading field interviews using direct-­‐to-­‐digital mapping, training of a community researcher, and Blueberry River First Researcher for Traditional Knowledge, Use, and Occupancy and analysis and writing of interim and final reports. Nation Socioeconomic Impact Assessment as Studies part of the consultation Northeastern British process for the proposed TransCanada d. Lt Prince Rupert Gas Wabun Tribal Council Researcher for Traditional Knowledge, Use, Study and Occupancy as Columbia Transmission Project. The TEK project involved work planning, gaps Northern Ontario part of the consultation for process the proposed Energy East Pipeline analysis, methodology development, leading field interviews using Project. The project TEK involved work planning leading and field direct-­‐to-­‐digital mapping, analysis and writing of interim and final interviews using direct-­‐to-­‐digital mapping. reports. The Socioeconomic Impact Assessment Study involved the design and leading focus groups -­‐ and one on-­‐one interviews on -­‐ rights Conference Papers and Presentations based harvesting levels and subsequent data analysis. 2012 §. Using Participatory Photography in the Ethnography & of Food Agriculture. Paper Gitxaala Nation Lead researcher for a socioeconomic harvest study de veloping baseline presented at American Anthropological Association Annual Meeting, San Francisco, CA. Northwestcoast British rights-­‐based harvest details and gaps between rights and current November 13-­‐18. Columbia harvest levels. Included the development of study methodology, leading §. Invited Panel: Disciplinary Border Crossings: New & Experimental Data Collection Methods field focus groups, quantitative and qualitative data analysis, and the for Food Anthropology & Food Studies. Sponsored by the General Anthropology Section & writing of the final report. the Society for the Anthropology & of Food Nutrition §. Using Participatory Photography in an Ethnography & of Food Agriculture on Salt Spring Kitselas First Nation Lead researcher for a socioeconomic study outlining the Gitxaala Island, British Columbia. Paper presented at Association for the & Study of Food Northwestcoast British Nation’s traditional economy as part of the consultation process for the Society/Society for the Anthropology & of Food Nutrition/Agriculture & Human Values Columbia TransCanada Pipeline Ltd. Prince Rupert Gas Transmission Project. Society Annual Meeting, New York, NY, June 20-­‐24. Invited. Included the development of study methodology, budget management, leading field focus groups and survey implementation, quantitative and 2010 qualitative data analysis, and the writing -­‐ of an interim red flags report

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§. Building Local Food Systems: Motivations, & Connections, Challenges. Paper presented §. “Women & Food Sovereignty: Background, Challenges, & Solutions.” GMWST 102 at Canadian Association of Food Studies Annual Meeting, Montreal, QC. Introduction to Women’s Studies II. University tish of Bri Columbia, Kelowna, BC §. Multi-­‐Sited, Virtual, At Home, Fragmented (?) Ethnography: & Disciplinary Terms Their §. “Conscious Food Consumption & the Slow Food Movement.” GEOG 495F Community Implications. Paper presented at Canadian Anthropology Society 2010 Annual Meeting, Food Security. University of British Columbia, Kelowna, BC. Montreal, QC.

2009 Publications §. Food & Ethics: Slow Food, Local & Food, Social Context. Paper presented at Society for 2014 (Re)Making Place on Salt Spring Island, British Columbia. PhD dissertation, Applied Anthropology Annual Meeting, Santa Fe, NM. Invited. Interdisciplinary Studies (anthropology & human geography), University of British Columbia. 2008 §. Food, Identity, & the Globalization/Localization Connection. Paper presented at 2013 Women, Food, and Activism: Rediscovering Collectivist Action in an Individualized World. Association for Study of Society Food and Annual Conference, New Orleans, LA. In Feminist Activist Ethnography: New Priorities for Feminist Methods & Activism, Christa §. Ethnographers in Sheep’s Clothing: Assumptions & Practices in Contemporary Craven and -­‐ Dána Ain Davis, eds. Pp. 165-­‐180. Lanham, MD: Lexington Books. Ethnography. Paper presented at Canadian Anthropology Society Annual Meeting, Ottawa, ON. 2011 Profile of Paul Prudhomme. Icons In of American Cooking, Victor W. & Geraci Elizabeth §. Getting to the Root of Food. Paper presented at Celebrate Research Week, University of Sherburn Demers, eds. Pp. 195-­‐204. Santa Barbara, ABC CA: Clio. British Columbia, Kelowna, BC. 2009 Review: Slow Living by Wendy Parkins & Geoffrey Food, Craig. Culture, and , Society Invited Lectures 12(2):241-­‐243. (Solicited by journal editor) 2010 2009 You Say Pleasurable, I Say Political: Political Activism & Cultural Translation in the Slow Food §. “Is Food a Human Right?: Connecting & Food Social Justice.” University of British Movement. MA thesis, Interdisciplinary Studies, University of British Columbia. Columbia Office of Human Rights and Equity Speaker Series, Kelowna, BC.

§. “Protecting Biodiversity: Slow Food’s Ark of Taste.” Canadian Association of Food Studies 2010 Annual Meeting, Montreal, QC. §. “Women & the Future of Food.” GWST 102 Introduction to Women’s Studies II. University of British Columbia, Kelowna, BC. §. “Reconciling Academic Research & Applied Anthropology: Food Policy and Research.” ANTH 409C Topics in Applied Anthropology: Global Issues. University of British Columbia, Kelowna, BC. 2009 §. “Multi-­‐Sited Ethnography.” ANTH 407 Principles of Field Work. University of British Columbia, Kelowna, BC. §. “Alternative Food Movements & Identity.” ANTH 295F Food and Culture. University of British Columbia, Kelowna, BC. §. “Slow Food: Connecting with Food and Community.” Interior Provincial Exposition, Armstrong, BC. §. “Food & Culture.” ANTH 100 Introduction to Cultural Anthropology. University of British Columbia, Kelowna, BC. §. “Communists, Counterculture & Cuisine: An Exploration of the Slow Food Movement.” Keynote Speaker, Spring Members Meeting. Society for Learning in Retirement, Kelowna, BC. §. “The Slow Food Movement.” GEOG 495 Special Topics in Human Geography. University of British Columbia, Kelowna, BC. 2008

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§. Building Local Food Systems: Motivations, & Connections, Challenges. Paper presented §. “Women & Food Sovereignty: Background, Challenges, & Solutions.” GMWST 102 at Canadian Association of Food Studies Annual Meeting, Montreal, QC. Introduction to Women’s Studies II. University tish of Bri Columbia, Kelowna, BC §. Multi-­‐Sited, Virtual, At Home, Fragmented (?) Ethnography: & Disciplinary Terms Their §. “Conscious Food Consumption & the Slow Food Movement.” GEOG 495F Community Implications. Paper presented at Canadian Anthropology Society 2010 Annual Meeting, Food Security. University of British Columbia, Kelowna, BC. Montreal, QC.

2009 Publications §. Food & Ethics: Slow Food, Local & Food, Social Context. Paper presented at Society for 2014 (Re)Making Place on Salt Spring Island, British Columbia. PhD dissertation, Applied Anthropology Annual Meeting, Santa Fe, NM. Invited. Interdisciplinary Studies (anthropology & human geography), University of British Columbia. 2008 §. Food, Identity, & the Globalization/Localization Connection. Paper presented at 2013 Women, Food, and Activism: Rediscovering Collectivist Action in an Individualized World. Association for Study of Society Food and Annual Conference, New Orleans, LA. In Feminist Activist Ethnography: New Priorities for Feminist Methods & Activism, Christa §. Ethnographers in Sheep’s Clothing: Assumptions & Practices in Contemporary Craven and -­‐ Dána Ain Davis, eds. Pp. 165-­‐180. Lanham, MD: Lexington Books. Ethnography. Paper presented at Canadian Anthropology Society Annual Meeting, Ottawa, ON. 2011 Profile of Paul Prudhomme. Icons In of American Cooking, Victor W. & Geraci Elizabeth §. Getting to the Root of Food. Paper presented at Celebrate Research Week, University of Sherburn Demers, eds. Pp. 195-­‐204. Santa Barbara, ABC CA: Clio. British Columbia, Kelowna, BC. 2009 Review: Slow Living by Wendy Parkins & Geoffrey Food, Craig. Culture, and , Society Invited Lectures 12(2):241-­‐243. (Solicited by journal editor) 2010 2009 You Say Pleasurable, I Say Political: Political Activism & Cultural Translation in the Slow Food §. “Is Food a Human Right?: Connecting & Food Social Justice.” University of British Movement. MA thesis, Interdisciplinary Studies, University of British Columbia. Columbia Office of Human Rights and Equity Speaker Series, Kelowna, BC.

§. “Protecting Biodiversity: Slow Food’s Ark of Taste.” Canadian Association of Food Studies 2010 Annual Meeting, Montreal, QC. §. “Women & the Future of Food.” GWST 102 Introduction to Women’s Studies II. University of British Columbia, Kelowna, BC. §. “Reconciling Academic Research & Applied Anthropology: Food Policy and Research.” ANTH 409C Topics in Applied Anthropology: Global Issues. University of British Columbia, Kelowna, BC. 2009 §. “Multi-­‐Sited Ethnography.” ANTH 407 Principles of Field Work. University of British Columbia, Kelowna, BC. §. “Alternative Food Movements & Identity.” ANTH 295F Food and Culture. University of British Columbia, Kelowna, BC. §. “Slow Food: Connecting with Food and Community.” Interior Provincial Exposition, Armstrong, BC. §. “Food & Culture.” ANTH 100 Introduction to Cultural Anthropology. University of British Columbia, Kelowna, BC. §. “Communists, Counterculture & Cuisine: An Exploration of the Slow Food Movement.” Keynote Speaker, Spring Members Meeting. Society for Learning in Retirement, Kelowna, BC. §. “The Slow Food Movement.” GEOG 495 Special Topics in Human Geography. University of British Columbia, Kelowna, BC. 2008

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APPENDIX 6

Statement of Qualifications and Certificate of Expert’s Duty

146 T’Sou-ke Nation Traditional Marine Resource Knowledge and Use Study Report

This report has been prepared in accordance with my duty as an expert to assist: the T’Sou-ke First Nation in conducting its assessment of the Project; (ii) provincial or federal authorities with powers, duties or functions in relation to an assessment of the Project’s environmental and socio-economic effects and impacts on the Shxw’ōwhámel First Nation’s Aboriginal title, rights, and interests; and (iii) any court seized with an action, judicial review, appeal, or any other matter in relation to the Project. A signed copy of my Certificate of Expert’s Duty is attached as Appendix “B”.

Appendix “B”: Certificate of Expert’s Duty

I, ______of ______have been engaged on behalf of T’Sou-ke First Nation to provide evidence in relation to Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project application currently before the National Energy Board.

In providing evidence in relation to the above-noted proceeding, I acknowledge that it is my duty to provide evidence as follows:

1. to provide evidence that is fair, objective, and non-partisan;

2. to provide evidence that is related only to matters within my area of expertise; and

3. to provide such additional assistance as the tribunal may reasonably require to determine a matter in issue.

I acknowledge that my duty is to assist the tribunal, not act as an advocate for any particular party. This duty to the tribunal prevails over any obligation I may owe any other party, including the parties on whose behalf I am engaged.

Date: _____May 22, 2015______Signature: ______