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Ms. Jocelyne Beaudet, Joint Review Panel Member; and Mr. James S. Ma

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Ms. Jocelyne Beaudet, Joint Review Panel Member; and Mr. James S. Ma N O R T H W E S T T E R R I T O R Y M É T I S N ATION January 21, 2014 Dr. Harry Swain, Joint Review Panel Chair; Ms. Jocelyne Beaudet, Joint Review Panel Member; and Mr. James S. Mattison, Joint Review Panel Member c/o Site C Clean Energy Project Joint Review Panel Secretariat Brian Murphy, Panel Co-Manager 4th Floor, 836 Yates Street, PO Box 9426 Stn Provincial Government Victoria, BC V8W 9V1 email: [email protected] [email protected] Dear Panel: Re: Response to Undertaking 46: Aboriginal Rights The Northwest Territory Métis Nation (“NWTMN”) appeared before the Joint Review Panel on January 9, 2014. In response to Panel questions, the NWTMN was provided with the following Undertaking: Undertaking 46: To provide the Panel with a statement of asserted and established Aboriginal Rights including anything in reference from the AIP regarding Section 35 rights. The purpose of this letter is to provide the Panel with the information requested in this Undertaking. Our January 9, 2014 submission to the Panel (Hearing Exhibit 087; Document #2385) stated: The Northwest Territory Métis Nation (NWTMN) is comprised of the Indigenous Métis from the South Slave region in the Northwest Territories. The NWTMN is comprised of the Fort Resolution Métis Council, the Fort Smith Métis Council and the Hay River Métis Government Council. Citizens of the NWTMN form a distinct Métis Nation within Canada, with Aboriginal rights to land, resources, and government throughout their traditional territory. The Indigenous Métis of the NWTMN have a distinct history, culture BOX 720 • FORT SMITH , NT CANADA • X0E 0P 0 PHONE: (867) 872 - 2770 • FAX: (867) 87 2 - 2 7 7 2 – 2 – and way of life. Ancestors of the NWTMN have lived on the lands along the Slave River, around Great Slave Lake and elsewhere in the Northwest Territories from the late 1700s, and have governed themselves according to their own laws and customs. Métis ancestors of the NWTMN settled in this area starting during the late 1700s, during the northern expansion of the fur trade, and intermarried with Dene and Cree families as well as with other indigenous Métis families to form a distinct Northern Métis community and culture. The Métis helped to establish communities in the Northwest Territories including the communities of Fort Rae, Fort Resolution, Fort Smith, and Fort Reliance. Since that time, the Métis of the Northwest Territories have relied on hunting, trapping, and fishing for their livelihood, while also actively participating in the European economy as traders, interpreters, guides, tradesmen, river pilots, entrepreneurs, and wage employees in a wide variety of fields. The Traditional Territory of the Métis members of the NWTMN includes the Northwest Territories and northern Alberta, which includes the Peace-Athabasca Delta and the Slave River. The history and way of life of the NWTMN is set out in the Declaration of the NWTMN, passed at the 2013 Annual General Assembly, a copy of which is attached. The Métis historically have practiced before the establishment of government, and continue to practice throughout this area, a traditional way of life that includes wildlife harvesting, trapping, fishing, hunting, and harvesting of plants and trees for personal use, family use, community use, and gifting and trading. The three Métis Councils of the NWTMN were full participants to the negotiations that led to the initialing of the Dene/Métis Comprehensive Land Claim Agreement (the “Dene / Métis Agreement”) in 1990, which was to accommodate the aboriginal rights and title of the Dene / Métis. However, the Dene / Métis Agreement was not ratified by the Dene and Métis. The Dene / Métis Agreement is the basis for the current negotiations. Note that the Sahtu, Gwich’in and Tlicho have all reached Land Claim Agreements based upon the Dene / Métis Agreement framework. In 1996, the NWTMN signed the NWTMN Framework Agreement with the Government of Canada and Government of the Northwest Territories (GNWT) to commence negotiations on land, resources and self-government issues based upon the previous Dene / Métis negotiation model and have reached the Agreement-In-Principle stage. The AIP sets the substantive basis for the negotiation of the NWTMN Land and Resources Final Agreement, and includes the following: recognized that the Métis of the NWTMN have traditionally used and occupied lands in the Northwest Territories; A definition of Métis; it provides for the continuation of Métis traditional wildlife, fish, plant and tree harvesting practices throughout Agreement Area (South Slave region); – 2 – it provides for Métis Land ownership throughout the Slave Slave region and Métis Community Land ownership (quantum is based upon a share of the Dene / Métis Agreement), and the right to use water; it includes a Capital Transfer and Resource Revenue Sharing; it requires consultation for oil and gas exploration and mineral exploration and development; it includes the requirement for impact and benefit agreements; commencement of self-government and co-management negotiations, including land and water management; Métis involvement respecting heritage resources, protected areas and parks; and Does not address the Aboriginal rights of the NWTMN in the Northern Alberta. At this time, Government is consulting with other aboriginal groups in respect to the proposed NWTMN Land and Resources Agreement-in-Principle. Most of the consultations are complete and the parties are seeking to have the AIP executed. Canada has implemented an Interim Land Withdrawal in the South Slave region in support of land selection negotiations with the NWTMN and another Aboriginal party. There are two Interim Land Withdrawals in the South Slave region – MAP 1 shows these withdrawals (OIC 2012-0410 and OIC 2013-949) – and as can be seen, land on both banks of the Slave River along essentially the entire length of the river and delta has been withdrawn. An Interim Land Withdrawal prevents any new dispositions of land to any party for the period of time of the withdrawal to enable land selection negotiations. Additionally, the NWTMN is negotiating agreements with government and is involved in regulatory processes for the recognition and accommodation of Métis land and harvesting aboriginal rights throughout our traditional territory, including representative participation as an Aboriginal Government in respect to the following: The NWTMN are one of the Aboriginal Governments that are party to the Northwest Territories Lands and Resources Devolution Final Agreement; Implementation of the Interim Measures Agreement between Canada, GNWT and the NWTMN, that defines the process whereby the NWTMN pre-screens proposed activities and authorizations within the South Slave area. MAP 2 shows the extent of the NWTMN IMA area; Wildlife Act which accommodates the aboriginal harvesting rights of the NWTMN in the NWT; Mackenzie Valley Resource Management Act updating; Proposed Wood Buffalo National Park Traditional Activities Regulations with Parks Canada that will recognize Métis harvesting rights within Wood Buffalo Nation Park; Mackenzie River Basin Bilateral Agreement between the Government of Alberta and the Government of the Northwest Territories– party to negotiations – 2 – Great Slave Lake Advisory Committee; Protected Area Strategy for Buffalo Lake Area; GNWT Watershed Strategy; Peace Athabasca Delta Environmental Monitoring Program; Community based Water, Sediments and Fish Monitoring – Slave River and Slave River Delta; NWT Regional Contaminants Committee; Cree Language project; Aboriginal Aquatic Resource and Oceans Management; Species at Risk; and Caribou, Bison and wildlife cooperative management including participation on Management Boards. As we stated in our January 9, 2014 presentation to the Panel, the proposed Site C project will impact upon the exercising of our Section 35 aboriginal rights, including harvesting of wildlife and migratory birds, fishing, trapping and other traditional activities. We note that fish, wildlife, birds and plants are important traditional food sources for our Métis members, all of which may be impacted by the proposed Site C project as well as from the cumulative impacts of this proposed project and past projects – which in themselves have resulted in significant negative impacts to our traditional lifestyle and activities through changes to the ecosystem, water flows and other impacts to our traditional territory. The Bennett Dam has drastically altered water flows on the Slave River, adversely affecting the delta through decrease in water levels, and negatively affecting the ability of members to trap, fish and harvest as a result in the unnatural water fluctuations. It is the position of the NWTMN that the Métis must continue to be involved in the management of water within the South Slave to ensure that there are no further adverse effects from this proposed project including adverse cumulative impacts. The NWTMN is requesting traditional use funding be provided to document the adverse affects of the Bennett Dam on the way of life of the NWTMN. Additionally, the Métis must be compensated for the past adverse impacts – many of which have been well documented in the scientific literature and well as through our own Traditional Knowledge – and that BC Hydro must commence meaningful consultation with the Métis on these matters. – 2 – Thank you for the opportunity to present this requested information to the Panel. Yours truly, ORIGINAL SIGNED Garry Bailey President Attachments: Declaration of the NWTMN , MAP 1 and MAP 2 Schedule “A” Northwest Territory Métis Nation Declaration We, the Indigenous Métis of the South Slave region, declare and affirm that: a) we are a distinct Métis Nation within Canada; b) we have Aboriginal rights to lands, resources and governance throughout our traditional territory protected under section 35 of the Constitution Act, 1982; and c) we have a right of self-determination. We hold these rights because we are aboriginal people of the Mackenzie and Athabasca river basins. Our ancestors lived on these lands, which the Creator provided, and governed themselves according to our own laws and customs, from time before memory.
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