08/31/2012 15:21 FAX 604 665 0244 PETER GRANT & ASSOCIATES i i (A48413)

PETER &ANT & ASSOCIATES ~&nisters& Solicitors 900 - 777 Homby Street vhcouver, BC V6Z 1S4

FACSIMIL~TRANSMISSION MESSAGE

I DATE: August 31,2012 i FAX NO: 1-877-288-8803 I NAME: Joint Review Panel j

FIRM: Enbridge Northern ~atewa~Project

FROM: Beaver Lake Cree ~ati$n I

! RE: Enbridge Northern ~at&wa~Project ,I

TOTAL NUMBER OF PAGES: 89 (INCLUDING COVER PAGE) ORIGINAL BEING SENT BY MAIL NO. !

Please see letter and Beaver Lake ~/eeNation Process for Consultation attached. I United Nations Declaration of the qgbts of Indigenous Peoples under separate cover. I I j

This message is intended only for the use pf the individual or entity to which it is addressed and may contain

thai any dlssemlnation; dlstribution or copying of this communication is strictly prohibited. If you havereceived this communication in error, please notifyds immediately by telephone and return the original message to us at the above address at our cost. I If you do not receivd all the pages, please call (604) 685-1229

i i

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P.005 1O05 08/31/2012 15:24 FAX 604 685 0244 PETER GRANT & ASSOCIATES LlOO6

(A48413)

__ CREE NATION

January 31, 2012

To whom it may concern:

On behalf of the People and Goveinment of Beaver Lake Cree Nation (BLCN),Iam com municating with you how we, as a Nation, choose to be consulted and accommodated in the social, cultural, politicaland ecnomical uses and developments of our ancestral lands (the “Land&’).Our people wish to ensure that development on our Lands occurs in a re sponsible and coordinated manne that balances the benefits of development with the ad verse impacts to our Lands and our community.We have legal rights to our Lands and a responsibilityto our current and fuLre generations to ensure our Lands willcontinue to sustain us long after the resource ihdustries have left.

We, as a sovereign people, continçieto live,hunt, trap, fish, gather and practice activitiesin sustaining allaspects ot communitI and Self. We must ensure that our way of livingcon tinues to grow and evolve with existing and developing projects. We are not opposed to development but need to facilitate good working relationship and have an adequate con sultation process that meets legal bligations as set out in our Constitution, statutes and legislation,Treaty6, and our Court.

Impacting or restricting our Aborigihaland TreatyRights willpermanently, for multiplegen erations, preclude the intergeneratbnal transmission of BLCN’straditional use, core knowledge and wisdom. To date, ciieepand meaningfulconsultations have not occurred on any developments withinour Lands.

Our existingAboriginaland Treaty ights are recognized and affirmedin Section :35of the Constitution of Canada 1982. on May 14, 2008, we fileda Statement of Claiminthe Court of Queen’s1 Bench of Albertaagainst the Province of Alberta and the Government of Canada (ActionNo. 0803 06718) as a result of developments infringingon our existing Aboriginaland Treaty Rights. Deveopments which have occurred without deep and mean ingfulconsultation have negativelympacted our Lands and cultural practices and we, as a sovereign Nation, willnot tolerate this any further

We have atempted various proceses to engage in consultation with Government and In dustry. Yetregulatory bodies have esponded with approval of projects without adequate consultation. These processes ha failed our Nation and our interests, rights and identity have consistently been disregarde4i The duty to consuLtand accommodate is an obliga tion on the Government which 1ourNation recognizes and affirms.

Beaver Lake Cree te’ephone: 7O623.92!1 = wvjwbIn.ca

AUG—31—2012 16:35 604 685 0244 96Z P.006 U/..I.L/4U1 AA b04 b UZ44 t’tLbK .iMAI1 & ASSU(1A1bS LJUUI (A48413)

We include with this letter our Prinbiples of Consultation and Accommodation as well as a Process for Consuftation. This pac

Yourstruly,

Chief Henry Gladue Beaver Lake Cree Nation

BLCN ProcSS rar CGfl5,I1tIfl

4

AUG—31—2012 16:35 604 685 0244 P.007 08/31/2012 15:24 FAX 604 685 0244 PETER GRANT & ASSOCIATES I I (A48413)

I ! ! Introduction j

The purpose of this package is to brovide industry and government with information pertinent to how the Government hf Beaver Lake chooses to be consulted for proposed development in our traditional terriiory. We have provided you with our Ketuskeno Declaration (2008) outlining our defined traditional territory, Section 35 (Constitutional Act, 1982) to affirm our aboriginal rights, and Treaty 6 (1876) to state our guaranteed legal right to use in our territory for our subsigtence for as long as we exist. This provides you all the lsgal justification for our choices aijd decisions when consulting with industry and the Government of Canada and ~lbeh.

OLCN I Ptacaas for Consultation I 08/31/2012 15:25 FAX 604 685 0244 PETER GRANT& ASSOCIATES I]0O9 (A48413)

Principles of Consultation and Accommodation

The Seaver Lake Cree Nation vie%allindustrialactivities occurring in our Lands as an in fringement of our rights to our Lans. We believe, however, that development can ocCurin a manner that balances the interets of development with the need to maintain the health of our Lands and our culture. This is the perspective from which we approach meaningful consultation and accommodation

From this perspective flows the todowing principles of consultation and accomm:dation upon which we willrely in our discussion with Government and Industry:

1. Activities or decisions that may ffect BLCN rights and interests must not proceed with out fulland meaningful consultaion and accommodation with the BLCN.

2. The Government of BLCN conults only with the Crown of Alberta and Canada within their duty to consult. The Crowri of Alberta and Canada willassign a single point of con tact for each proposed project pplication. Industry may take the initiativeas a positive step in building a relationship with BLCN. and must also assign a single point of contact for consultations.

3. BLCN must be engaged in the arliest possible stages of project planning and/or deci sion making, allowing adequate time for BLONto fullyand meaningfully participate in consultation and accommodatièn processes.

4. BLCNmust be involvedinscoing, pnoritizing,and determining the levelof engage 1ment consultation and accomrhodation required for each project and/or decision that may affect our rights or interest.

5. BLCNhas a strong connection to the lakes, rivers and streams withinour Lands. BLCN must be consulted priorto any activityincludingwater withdrawal that may potentially impact wetlands, rivers, muske, lakes, streams, creeks and springs.

6. Cultural,ceremonial and heritade impacts on BLCNcan only be determined by BLCN.

7. Processes should reflectthe nation of free, prior and informed consent recognized inthe United Nations Declaration of tIe Rights of Indigenous Peoples to which Canada is a signatory.

8 BLCNmust have the capacity lo consult. BLCNexpects that the GovernmenLand/or Industry proponent willprovideapacity funding to allow us to participate in consultation and accommodation processed.

BLCN ProCt$ 1r CnuI1Eition

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9. Engagement in a consultation process does not mean that SLCN agrees to or supports any proposed actMty or decisio.

10. Consultations must be conducted with such BLCNrepresentatives as they appoint. Whileall BL.CNmembers are to e informed of the impacts to their rights, consultation cannot be conducted through irjdividualBLCNmembers.

11. Accommodation discussions 4’ithGovernment and Industry proponents may include but not necessarily be limitedtothe followingterms which willbe expected to be in cluded in an agreement with th Government or Industry proponent to be concluded at the end of the consultation and bccommodation process:

a. modifyingor canceling proponent’s activityor decision; b. undertaking conservatiOn and mitigationmeasures; c. limitingthe leveland pace of resource harvesting; d. conducting joint land ue planning and joint decision making; e. revenue sharing/emploiment and business contracting opportunities/education and training; f. social, environmental arid cultural protection; g. financialcompensation or infringement; h. environmental monitorirg throughout allstages of the project, includingongoing monitoringduring the operational stage.

LCN Prce for ConuI1iOfl

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Process for Consultation

Contact Information; BLCN,lntergovernrriental Affairsand Industry Relations Email: IA1R©bicri4

Single point of contact: Governm it of Beaver Lake Cree Nation, Intergovernmental Affairs and Industry Relations (Personnel o be designated / assigned once consultation begins).

Industry introduction and Process of consultation willoccur exclusivelywith the officeof BLCN‘sIntergovernmental Affairsnd Relations department.

Hours of Operation: Monday-Thurday, 9:00 AM — 4:00 PM. Our offices are not OP€fl Fri days. weekends or stat-holidays Jianuary to November. Proposal packages submitted in December willbe reviewed1 in Janthary of the followingcalendar year Only packages received via registred mailwillbe accepted (faxes/emails willno longer be accepted).

The First Nation Consultation (FN) number, and applicable regulator application num ber(s) must be included and there willbe an initialfileopening fee of $250.00 charged per FNC number the Government Deartment or Industry Proponent to for initialprocessing service payable to: BLCN. ntergoiiernmental Affairsand Industry Relations Department. If this process is not adhered to, BLN willnot be in a position to process your project pro posal.

Upon receipt of industry notiflcatiqnof proposed projects, BLCN,Intergovernmental Affairs arid Industry Relations Departmert willrespond withinfive(5)business days to the notifica tion outline the next steps of how we, as a sovereign Nation, choose to be consulted thereafter.

Should the preceding processes lpr consultation not be adhered to, BLCNwillhave no al ternative than for challenge or object to the proposed project as per applicable provincial and federal legislation.

*Please check for updates to BLcINsprocesses and procedures on our website: www.blcn.ca

1LCN Process fDr Consultation

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Beaver Lake Cree History

The Cree are one of the largest tres in Canada. Their terhtory covers a vast area of Western Canada from the HudsonJames Bay region to the foot of the Rocky Mountains, and inAlberta between the North lanks of the North Saskatchewan Riverto Fort Chipewyan. This includes the Beawer,Athabasca and peace Rivers basins. It is noted in the Department of IndianAffairsAmnualReports that Pee-ay-sis of the Lac La Biche Band as far north as Great Slave Lake.

The Cree were referred to by early explorers and fur traders as Kristineaux,Kinisteneaux, Kiliston,Kree, Cris, and various other names such as the Nahathaway. Alexander Mackanzie who traveled from Moritrealto the ArcticOcean via the Methy Portage provided a detac1 iccuur iLul LIn k’hdsLi iu (Oi) ir 1709. Durir is stay at fled Deoro LoRe (Lc La Biche) during the winter of 1789-99, DavidThompson noted in his DailyJournal that he met and traded with the Nbhathaway (Cree)from time to time.

InAlberta, the Cree are divided ino two main groups, the Plains Cree who liveon the prairies, and the Wood Cree who lye in the boreal or northern forest region.

Beaver Lake Cree Nation is a Woád Cree Band. Missionariesvisited the Cree on the South shore of Beaver Lake as early as 7856. No one reallyknows when the Cree first arrived in the Lac La Biche region. Howeve4 it is known that the Cree expanded steadily westward from the Hudson Bay-James Bay country. There is archeological evidence in the form of pre-contact pottery which indicats that the Cree were inthis region inthe 1500s. Atype of early Cree pottery known as Lerwater Punctate, which is found regularlyin the

I3LCN Procos for COnuIIaLLon

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Beaver Lake Cree Nation is locatei in the Treaty No.6 area. This treaty was first signed at Ft. Carlton on August 23. 1876. Baver Lake Cree Nation was a signatory to the adhesion made to Treaty No.6 at Ft. Pitt on september 9, 1876. Chief Pee-Yas-See-Wah-We-Cha Koot, also known as Pee-ay-sis, or Pee-ay-sees and Councilor, Pay-Pay-See-—See-Moo signed on behalf of the Beaver LaIe Band No.131.

When a number of the members the Lao La Biche Band were discharged from the Treaty and accepted Scrip, others joined the Beaver Lake Band whose Chief at that time was RollingThompson. and subs4quently, Kah-qua-num. The numbers involved in these occurrences appear to be uncertan.

Although it was a term of the Treaty that the Dominion Government would set apart for Reserves ‘farming lands.. .after ccnsulting with the Indians thereof as to the localityto be most suitable for them,” and that Ihat the surveys required to establish the boundaries of the Reserves would be completed within a reasonable time, the lands for Beaver Lake Indian Reserve No.131 were not et apart untilthe required Order-in-Council was issued on May31, 1911. (Saddle Lake lniian Reserve was established in 1886.) Furthermore, the population of Beaver Lake Cree Nbtion had declined significantly prior to 1911 as a result of epidemics and other factors. T[ie land entitlement for Beaver Lake Cree Nation was based on the 1908 population of 105. Prior to 1911 some of the Indian Agents made efforts to coerce the members of the Beaver Lake Band to abandon thir chosen area for their Reserve on the South shore of Beaver Lake and to move to Saddlle Lake. This dubious coercion was steadfastly resisted even though it meant deprivation of food and other assistance promised by the Treaty. Beaver Lake Cree Nation suffered greatly from the serious decline of fish and game in the region during the latter part of the1 9th Century

The Department of Indian Affairsuspended the treaty payment of $500 per capita for the entire Band in 1885, 86 and 87 a$ punishment for the ransacking of the Hudson’s Bay Company’s Post at Lac La Biche t the instigation of Cree War Chief, Wandering Spirit. SLCN : PrC&8B for ConuIkaion

AUG—31—2012 16:39 604 685 0244 96 P.014 08/31/2012 15:28 FAX 604 685 0244 PETER GRANT & ASSOCIATES LOl5 (A48413)

Although many members of the Baver Lake Band converted to Christianft the oral traditions and oral knowledge pased down from generation to generation since lime immemorial were preserved. Elder and tradition keepers of Beaver Lake Cree Nation have faithfullykept stories and legends rlating to places, events, spiritual matters, burials, ceremonial areas, communal gathring sites, the location of medicinal plants and berries, as well as other important cultural spects. The Beaver Lake Indian Reserve is located approximately 17 km. southeast of Lac La Biche and presently encompasse 6145.5 hectares (15,185 acres.) The registered membership as of March 2006 wa 870, approximately 325 of whom reside on the Reserve.

The principal means of survival, nanely, the traditional practices of hunting and fishing are stillcarried on. Band members areialso actively engaged in farming, ranching, forestry, the oiland gas industry and other tradbs and occupations Beaver Lake Gree Nation has taken great strides to improve the quality of lifeof its members. Among other things, it has its own school system, health and trtment centers, Head Start program and administration. Beaver Lake Cree Nation also maliftains and operates Spruce Point Campground, and hosts an annual Pow Wow.

Itworks in a cooperative manner 4,ith other levels of government and industry for the betterment of its members.

Beaver Lake Cree Nation has always valued its heritage and traditional culture, which hold the hope and optimism for self deijermination and a strong and enduring future for today’s people and tomorrow’s generatioris

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0 I-’ 08/31/2012 15:30 FAX 604 685 0244 PETER GRANT& ASSOCIATES l1017 (A48413)

Caribou Case

Expert report on woodlnd caribou [Rangifer tarandus caribou] in the Traditional Territoryof the Beaver Lake Cree Nation

July 5, 2010

DriStan Soutin PhD, FRSC

Beaver Lake Cree NtIon • tCItØhQflC! 75O-E2-9221 • www.blcn.

AUG—31—2012 16:41 604 65 0244 P.017 08/31/2012 AUG—31—2012

Acronyms ASRD ACC ALT

CLAWR H GOSEWIC WSAR SARA http;LLwww.cosewic.gc.ca EC

RE—Red spatial Definitions cluded ESAR Critical spatially of ables Habitat: human-induced determine Home Ecotypes: limited

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be

adaptations.

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that

chapter

competitors

for

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inf[uenced

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area

persistence

population

in

as

that

populations 29

Canada

conditions

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taken

(Caughley

can

by

and

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dynamics

life-time. of from Process

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and for quality

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map Con5uItiiQn

are Gunn

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in (A48413) P.018 1018 08/31/2012 15:30 FAX 604 685 0244 PETER GRANT& ASSOCIATES jO19 (A48413)

driven by local factors affecting birth and death rates, rathor than mmigration or omigration among groups (from EC 2008).

Lambda: Population growth exprssed as population recruitment/survival expressed on a yearly basis. Values <1 signify the bopulation has decreased from one year to the next while values >1 signify population ncrease. Details of calculations can be found in Appen dix 1.

Range: A geographic area occupid by individuals of a locaLpopulation that are subjected to the same influences affecting vital rates over a defined time frame csee Appendix 4.2: Delineating Units of Analysis for RreaI Caribou Critical Habitat Identification, EC 2008).

Realized Population Growth: Changes in population size determined by multiplyingyear lambda values together. Details ofcalculations can be found in Appendix 1

Assumptions

I have assumed that the Traditional Territoryof the Beaver Lake Cree Nation in Alberta is the area set out in the map included in Figure 1 of this report (Ido not render any opinion about whether this map accuratelV reflects the Beaver Lake Cree Nation’s TraditionalTerri tory in Alberta).

Authors statement

The opinions in this report are my own. While some portions of the report invoMng GIS mapping and data summaries Apendix 3) were prepared by others under my supervi

sion, I am responsible for the entitlecontents of the report as the. sole author.

I certify that I am aware of my dut, as an expert witness to assist the court and not be an

advocate for any party. Ifurther certifythat l have made this report in conformity with this duty and will,f called on to give cial or written testimony, give that testimony in conformity with this duty.

Dr. Stan Boutin PhD. FRSC

ELCN Pr00088 for ConuItLiOfl

16

AUG—31—2012 16:42 604 685 0244 96Z P.019 08/31/2012 15:31 FAX 604 685 0244 PETER GRANT & ASSOCIATES []020 (A48413)

Summary

Caribou inhabitingthe U are classified as the boreal ecotype of the woodland subspecies (Rangifertarandus caribou). Allwofdland caribou inAlberta have been designated as Threatened by the Committee on the Status of Endangered Wildlifein Canada (COSEWIC 2007), and also listed as Threatened under Canada Species at Risk Act (SARA).Under the Government of Alberta general!wildlifestatus process, woodland caribou have been determined to be an At Risk specis inthe province (AlbertaSustainable Resource Devel opment 2007). The provincialwildlifestatus review process resulted inwoodland caribou receivinglegal status as a Threaterpedspecies under Albert&sWildlifeAct in 2001.

Woodland caribou in the U are estimated to number between 175 and 275. This is down 10-fold from historical numbers. Rcent systematic monitoring indicates that numbers have been declining. The ESARhqrd has declined by 71% since 1996 whilethe CLAWR has declined 74% since 1998 Thi levelof decline is dramatic and it is a strong signal that drastic immediate management adtion is required to keep caribou from disappearing com pletely inthe TE Ifcurrent rates of becline continue, this population willdrop below 50 indi viduals (the number of individualsEpelowwhich small populations are vulnerable to extinc tion events and at extreme risk of xtirpation) by 2025-2030. The current rate of population decline is likelyto increase over the next decade ifhuman-caused habitat change Contin ues to increase, further reducing tljietime to extirpation.

The ultimate cause of the decline i human-caused changes in vegetation and the creation of linearfeatures such as seismic lines, pipelines, and roads. These changes can result in physical loss of habitat, avoidanc of areas by woodland caribou, and increased caribou mortality as a result of population icreases of moose and deer and wolves. The primary changes that have occurred in thelfl on or near caribou range include agriculturaldevel opment to the south of canbou rarpge,forest harvesting (107,998 ha cut or 2.8% of the range inTT),energy sector development (34,773 wells, 66,489 km of seismic lines, 11,591 km of pipelines),and 12283 km citroads associated with this actMty. Giventhat the crea tion of linearfeatures due to energy sector development is the most prominent human- caused habitat change in caribou range inthe IL it is likelythat these changes are the primarycontributor to the declineS in caribou seen inthe T Extensive oil and gas deposits underlie most caribou ranges in Alberta and very high levels of petroleum and natural gas exploration and development have taken place on most of Alberta’scaribou ranges includ ing the caribou range withinthe 17. The majorityof the wellsites, seismic lines, and pipe lines created by the energy sectorl remain in place on-caribou range because of continued industrialuse, slow forest regenertion, and/or high levelsof recreational vehicle use. Allof these human-caused changes 1ieha’ decreased the qualityand quantity of caribou habitat in the IT by reducing lichen cover: enhancing habitat for moose and deer which has led to increased numbers of predators, 4.ndincreasing access to caribou habitat by predators. There are 20,005 km of linearfeatires on caribou range inthe TE Caribou are known to avoid habitat within250m of thes features. Ifalllinearfeatures are buffered withincaribou LCM PrØCèSS for CoruItior

17

AUG—31—2012 16:42 604 68 0244 P.020 08/31/2012

AUG—31—2012

There tion functionally

The range tion the years lative ral levels bou critical mitigation immediate conservation ion opinion caribou many are Recovery drafting Critical prernented proaching BLCN

15:31

vegetation,

was

IT

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16:42 range),

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lost.

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TT

caribou

actMties

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evidence

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above

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recent increase many

has

51%

any

EC

necessary

caribou

where

685

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of

by

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(2008)

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species,

Canada

will

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of

0244 individual

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been that yet

management

CLAWR

be the

local mortality

Scientific

habitat

no

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for

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the

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have

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695

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the 2009).

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TI,

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also human

total

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outlined

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the caribou

of

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been

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northeastern

land

due ranges opinion,

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Federai

I

to sites, of

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caribou

of to

the conservation

likeLy

caribou

protect

rapid

available

to

use

in

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animals

date.

a history

and

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this

a

96

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to member)

SARA).

the

(fuU

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on

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be report cut

caribou.

in

steps Procc

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scientific;

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left for

TI

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exceeding

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blocks

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actions

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is

II

are

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fast

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past

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of (A48413)

P.021

[]O21 08/31/2012 15:32 FAX 604 685 0244 PETER GRANT & ASSOCIATES LJ022 (A48413)

Table of Contents

Woodland caribou inthe iT I

General habitat needs :! 1

Caribou habitat and ranges inthe TT 3

Changes in habitat condition in redent times 6

Historicaland current caribou denities 6

Population trend and risk of extirpation 7

Causes of population decline 9

Agriculture 10

Forest cutting 11

Energy sector activities 11

Roads 14

Hunting j 14

Fire 15

Cumulative effects 15

Disease and parasites 16

Weather and climate warmlng 16

Recommendations for restoration nd maintenance of caribou in the TI 17

Is there enough information availa(e to act to conserve caribou? 1a

Literaturecited 19

BLCN Pr3cea br Con5u[1ion

19

AUG—31—2012 16:43 604 66 0244 97 P.022 08/31/2012 AUG—31—2012

Appendix Journal Appendix Appendix

35 Curriculum caribou press): BLQN 15:32 16:43

Invading FAX

of

population

3. 2-

1.

Wildlife

Vitae 604

Summary Calcution

Calculation

white-tailed 685

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growth 0244

of

of of

land

(lambd&) the Iambda

deer

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relationship 604

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and 65 PETER

realized

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as

between GRANT

original 20

determined

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Linear ASSOCIATES

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references)

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feature

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s7

northeastern

from ProcBs

calculations

Latham

young for

forest

Alberta.

et ConILatIon

a!.

(in

and

41

28 (A48413)

27 P.023 LO23 08/31/2012 15:32 FAX 804 685 0244 PETER GRANT & ASSOCIATES llO24 (A48413)

Woodland caribou in the TT

Allwoodland caribou in Alberta belong to either the nationallydefined Borealor Southern Mountain populations, both of which have been designated as Threatened by the COSE WIG(CCSEWLC2007), and also lited as Threatened under Canada’s Species at Risk Act (SARA).

Under the Government of Alberta eneraI wildlifestatus process, woodland caribou have been determined to be an At Risk species in the province (AlbertaSustainable Resource Development 2007). The provincialwildlifestatus review process resulted inwoodland caribou receiving legal status as a Threatened species under Alberta’sWildlifeAct in 2001.

Ecotypes (forms of a given specie with characteristic adaptations) are frequently used in the description of caribou (Edmonds 1991, Thomas and Gray 2002) Woodland caribou that liveyear-round inforested habitat are of the boreal ecotype.

Caribou inhabitingthe TT are clasied as the boreal ecotype of the woodland subspecies (Rangifertarandus caribou).Throuhout this document this ecotype willsimplybe referred to as caribou”.

General habitat needs

The basic habitat of caribou must provideadequate food and protection from predation. Lichenis the major winterfood sorce and itis considered to be the food most influential to caribou habitat delineation.Caribou require large tracts of lowproductivitymature to old coniferous forests or forested pealands that contain lichens. These tracts must be large (caribou herd ranges are 3,000-1,000 km2 and indMdualcaribou home ranges are 700 km2) and there must be relativelyow productivityof ground vegetation (shrubs, herbs, and grasses) to prevent their use by other ungulate species such as moose and white-tailed deer. The latter is important because abundant deer and moose support higher numbers of wolves. Highwolfdensities maikeareas uninhabitable for caribou because predator- caused mortalitybecomes too hih. The current suggested threshold for wolfdensities is 6.5 wolves/i 000 km2 with wolf dnsities above this target meaning that caribou popula tions willdecline because caribouproductivity cannot match the mortalityrates caused by predators (Bergerud and Elliot19$6).

There are three recent comprehensive reviews of caribou habitat requirements and all have produced similarconclusions to tfte above. The most thorough reviewcan be found in EC (2008) which states:

In general, suitable boreal paribou habitat is characterized by large tracts of mature to old conifer forests with bundant lichens, or peatlands intermixedwith uplands dominated by mature to old conifers (Darbyand Pruitt 1984; Brown et al. 1986; BLCN PrOC. fc,r Con3ullatiofl

21

AUG—31—2012 16:43 604 685 0244 P.024 08/31/2012 15:33 FAX 604 685 0244 PETER GRANT& ASSOCIATES 11025 (A48413)

Bradshaw at al. 1995; Sturt-Smith at al. 1997; Rettie and Messier 2000; Courtois 2003). However, there is vafriabilityamong regions in vegetation types used.

Boreal caribou have distinct habitat requirements at different spatial and temporal scales (Rettie and Messier ?000, Johnson et al. 2001, OBrien and Mansaau

2003) - Coarser scales encompass large areas (e.g. ranges) and broad time frames (e.g. seasons, years and decades), whereas liner scales cover small areas (e.g. for est stands or habitat patchØs) and narrow time frames (e.g. hours and days). Boreal ocjribou[appour to] coloct [1abitt to avoid predation t corr £clE (Rrgrud 1988; Johnson et al. 2001)jand then select habitat to meet forage requirements at finer scales (Schaefer and ruitt 1991; Rettie and Messier 2000)

At coarser scales, boreal cribou local populations require large range areas that contain sufficientsuitable hbitat and reduce predation by allowingcaribou to avoid areas of high predation ñs (Rettie and Messier 2001; Brown at al. 2003). Atfiner scales, boreal caribou seleqt individualhabitat patches (withinranges) that provide food, particularlyground and tree lichens duringlate winter and early spring, and they avoid early stage serallforests and recently disturbed areas (Schaefer and Pruitt 1991; Stuart-Smith atal. 1997; Rattle and Messier 2000). Although forest fire destroys lichens and other iegetation in the short term, it is an important factor in regenerating caribou forag8 over long time scales (Dunford2003)....

In general boreal caribou require habitats that provide necessary functional attributes (the conditions aid resources which provide for all of their liferequire ments), includingphysioIocal health, dispersal of cows during calvingand post- calvingperiods, and refuge from predation.

EC (2008) defined woodland caribcu criticalhabitat as: “the resources and environmental conditions required for persistence of local populations of woodland caribou throughout their current distributionin Canada’, and added:

local population range is th relevant spatial scale for identificationof criticalhabitat conditions that includes th habitat conditions (quantity,quality,spatial configura tion) required for caribou.

Similarstatements can be found irhALT(2009) and inASRD(2010). For example, ASRD (2010) states that:

Woodland caribou require large tracts of relativelylow-productivitymature to old coniferous forests and foreted peat lands, which contain lichens, the primarywin ter food source for caribou Under natural conditions, the forests used by woodland caribou typically contain reItively few other ungulates and as a result conl:ain few BLQN Process fa, ConuIiation

22

AUG—31—2012 16:44 604 695 0244 P.025 08/31/2012 AUG—31—2012

Although There

ford there historical leading duce The similar and habitats Bradahaw sities Caribou EC range bou BLCN 15:33

(2008). 16:44 iT

are conservation. et

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AUO—31—2012

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of

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caribou

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important

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P.028

it

Il

028 08/31/2012 15:35 FAX 604 685 0244 PETER GRANT & ASSOCIATES Ej029 (A48413)

Changes in habitat condition in recent times

Quoting from ASRD (2010):

Habitat change as a result cbfhuman activities can result in both physical loss of habitat and avoidance of arias by woodland caribou (e.g., Smith et aL 2000, Dyer et al. 2001, Oberg 2002). Itican also cause increased caribou mortality as a result of population increases in othr ungulate prey species and wolves (Bowman et al. 2010), and increased predator travel efficiency and hunting success (James 1999, James and Stuart-Smith 2d00).The primary anthropogenic disturbances to wood land can bou habitat in Albeta are due to oil and gas exploration and development, forest harvesting, peat miniihg,agricultural development, and the development of linear features (e.g.. roads, pipelines, seismic lines) associated with these activities

Based on the above and similar cdnclusions in EC (2008) and ALT(2009), Iconcludethat the quality of the ESAR and CLAWRcaribou range in and around the TT has declined rela tive to historical conditions. Any himan-caused vegetation change which is favourable for moose or deer is detrimental to caribou. The primary changes that have occurred in the IT on or near caribou range include:

1) agricu[tural developmentto the south of caribou range 2) forest harvesting (107,98 ha cut or 2.8% of the range in TT) 3) energy sector developmnt (34,773 wells, 66489 km of seismic lines, 11591 km of pipelines), and 4)12,283 km of roads assøciated with this activity.

Data sources for Thesefigurescan be found in AnpncJix , Allof tJ Qj-naØ$ have decreased the quality and quantit of caribou habitat in the TT by reducing lichen cover and enhancing habitat for moose nd deer which has led to increased predator den&ties. These habitat changes are the roct cause of a proximate increase in predation risk to cari bou. Each of these aspects willb discussed in detail when limitingfactors are considered.

Historical and current caribou dsities

Most density estimates of boreal ioodland caribou are considered “best guesses’ be cause methods to count caribou accurately are unproven and costly. Estimates from ASRD(2010) include values of 15-250 for ESARand 100-150 for CLAWR.Giventhat all ofthe CLAWRand roughly halfofithe ESARare inthe TT,the current estimate oFcaribou within the TT is 175-275 animals.

BI..CN Pro ces for COflSLiIatIofl

26

AUG—31—2012 16:4G S04 SSE 0244 P.029 08/31/2012

AUG—31—2012

The

greater

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in

Sorenson

250m

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caribou GRANT

et

Alberta,

the

35

probably

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boreal raised

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36

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37

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ern be

ALT. report ASRD.

Literature

Alberta

Alberta

Anderson,

Apps,

Bergerud,

Bergerud, Bergerud. BLCN

15:40

effective.

Alberta,

2009.

16:52

are

Alberta

C.D., ciation. berta: Report

Species Updated tamable tarandus 2005.

Recovery ton, 2010- tion

on Wildlife the Manage. 130:84-97.

Sustainable

Sustainable

FAX

not

cited

natural

A. Athabasca A.

A. Wildlife

R.

of

AS.

and

It

and 604

Update

Alberta

Alberta T.

T. T.

implemented

8.

is endangered

No.

Caribou

In

and

Resource 2005.

59

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tm

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update

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LGN Proce33 fr GOflSuIttion

46

AUG—31—2012 16:54 604 686 0244 P.049 OS/3l/20121543F

AUG—31—2012

Appendix

A. berta. (in

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culated caribou signal (1989) calves ratios to group mined tically entire

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ing Lambda=1

range

Literature

Sorensen. McLaughlin,

aLN

CoefflcTents {lntercept)

Young

IF

from

16:57

3.

that

on

woodland 2008. linear

nal

Summary FAX

R-squared:

energy

the

Cited

of

T., has .01 12.15

between

604

feature

P.

Wildlife

Determining

above

P.

840.0234*Unear

been

D.,

exploration

McLaughlin.

on

685

caribou.

Estimate

Q.GO214 O.02373 1018402

statistics

E.

0802,

2

density

analyses

burned

Managementi caribou

Dzus,

0244

and

sustainable Journal

6

Adjustd

and

B.

is

or

for

Std.

DF O.0164a

Error O.0O69 O.fl038

popuiation

D.

we

expressed

Wyes,

har’ested

604

th

feature Hèrvieux, retoration:

dopted

lot

72:900-905.

p-value:

regression

686

Wildlife

R-squared:

PETER

levels

and

tvalue

6L559

density-0.0021 -3-656

-3.908

growth

0244

as

in

E.

the

S.

the

GRANT of 0.007759

km/km2

Management

Dzus,

54

Soutin.

following

cumulative

model,

last

and

0.76

09 Pr(>ltfl

0.01063 L24E- OO0791

J.

&

30

changes

and

ASSOCIATES

Nolan,

2003.

years.

Lambda

%Young

emph-ical

Young

effects

67:755-761.

Declines

B.

in

Wynes,

linear

is

model

for

LF

the

boreal

in

+Young.

feature

%

and

Proc8

poput[ons

to

of

describe

caribou.

a S.

density

caribou

6Qr

Boutin.

ConsuliMlon

the

of

Jour

aris (A48413)

P.057

l1

057 __8/31/2o12

AUG—31—2012

Area Appendix

WSAR

Cold ESAR

Given included

2- covered 2010) Note: BLCN

15:46

What

16:57

of

Lake

the

calculated

CLAWR

1-

ESAR

Ranges

FAX 13150.35

by

proportion

this

I

What

small

3.

572064

=

•WSAR

Total

ype. pand

Habitat Peatlañd ToàI Range Total Total delineated

$AR

671

Summary

appendix. 604

• Proportion

0516 =

proportion

proportion

Peatland Upland

in

using

9.01

1 65

Caribou

km2

of

km2

the km2

0244

ranges?

Upland the Habitat Peatland Upland Peatland Peatldnd Upland

In

of

Area 2,682,764.3 3,897,189.5t

1,214,425.1,

in = of

Caribou

TI

ranges land

1

of

Caribou

of

latest

1

TI

,315,04.79

(ha)

5720388

WSAFR ESAR

is 671

covred

usechange

604

co’’ered

ralnges - a\ailable

.01

jages

and

685

in

PETER

.24

•26,2764

Area

38,971.90

12, the

by

Cold

by

0244 ha

144.15 ha

ha

delineated

TI caribou

(km2) caribou

as

GRANT

317,89.S1 Area 330,319Q9 345 354,211.43

2,929.86 9,2&8.81

55 693,799.34 669,367.23

1,363,16&57

Lake

we

determined

747.57

did (ha)

habitat

ranges

habitat?

&

caribou

not

ASSOCIATES

0:31

Proport1onfTT 068

include

(peatland)

84 are

£,6S:67

3,19 3,S42.11 9169 29.30 Area. 34.87.48 3,17.9O

6,3J-99 by 13,631.67

What

ranges

in

GIS-based

(Jcmj

the

ft

proportion

96

in

TI?

for

the

0.3116

Alberta Proc

report

calculations.

of fcr

but

(ASRD

the Consultation

TI it

is

is

P.058 (A48413)

058 08/31/2012

AUG—31—2012

gons a Note:

Proportion 2010). 1998). Note: 3-

4- Note: Base BI.CN

In

15:46

bit

What

What caribou

16:58

of

with

Caribou

calculated

Map

Calculated

Proportion

Proportion Proportion

Caribou

WSAR)

FAX

is

is

Oil Oil

more

the

the

of

Data range

Total Total. Total

604

arid and

IT

habitat linear

number

habitat

than

Upland Peatland

(ASRD covered

gas gas

685

using

within

of of of using

Seismic linear Total Pipeilnes Rcas Based

TT TT TT

wells wells

feature

50%

0244

was

outside

was

of

the

covered covered covered

outsideCariou

all

2006).

the

feature.

on

by

well

(as

(as

of

calculated

roads,

latest

considered

TT aTotI

densfty

peatInd

delinated

Caribcu

of of

sits

604

JLre

January

bW b b’

available

pipelines

Area

685

WSAR

in CLAWR ESAR

ranges

in

PETER 2007)

ranges

the

using

types

teng(km) 6G,489.i 90,36438: 1iS9t21. 12,,283.98

the

2010)

0244

to

ranges

for

TI? =

TT? be

delineated

GRANT

the

and 56

0.17425 the =

(e.g.

2,S34,O22.9 2013,97.10 50,625.83

0.00313

peatland

0.17241

Total

:fl= =

31,036 Alberta 34j73 Number__Density_(4/km)

seismic

bogs,

0.34975

&

3B1i;O km?

ASSOCIATES

0.3152

23187 O..274

1.70S1 (knkm)

caribou

habitat

Peatland

fens,

lines

2O,.33.97 5,2O.26 25340.2

0.7964

08923

(includes

etc.)

from

k

ranges

identified

Inventory

the

SAR, Procc

for

Provincial

as

Alberta

(VIII

CLAWR those for CouILtiôn

et

Digital

(ASRD

poly

al.

and (A48413)

P.05

Ij

059 — 08/31/2012 15:47 FAX 604 685 0244 PETER GRANT& ASSOCIATES Ll060 (A48413)

CLAWR7484 ESAR 3603 WSAR 24

Total number of wells in caribou rnges within the TT = 111 11 (as of January 2010)

Note: Calculated using aHoil and as wells, surface hole locations, from the dataset by LHSEnergy (2007, 2010).

5- What percentage of the ranges! in TT are covered by young forest?

Proportion of TI dovered by fires <30 yrs old = 0.1619

Rnge Area (ha) Area (km2) FresinCo[dLake 1SO,762.34 1,80.62 fires in ESAR 230, 029.71 2,300.30 :FIrósinWSA’ 193.02 1.93 ioalFire in Caribou RngsinU 41b985.07 4,1Ci.85

ireotid:e ñfcatibou ranes infl 219971;47 2,199J1

630,955.54 6,309.57 TotaIare o1fires fl TI : Tátalarea of iT 3,9],1850 38,97L9ó

Note: Calculated using firepolygors from the provincialfiredatabase (ASIRD2010). Allfires that occurred between 30/041197b and S0/04/2008 were included inthe analysis(i.e.fires less than 30 yrs old).These dates were selected based on the harvesting data available, which was current to 30/04/2008. Polygons with burncode I(unburnt islands) were dis carded however, polygons with bljrncode = PB (partialburns) were retained. ALLfire poly 1 in order to remove any overlap. gons were dissolved together

Note: CalcuLatedusing the Alberta ProvincialFireDatabase (ASRD2010).

Proportion ot TI covered [y cutbiock < 30 yrs old = 0.0277 Area or cutbiocks in the Til = 107,995.10 ha.

LCN Prces for Consuation

I 67

AUG—31—2012 16:58 604 685 0244 P.060 08/31/2012

AUG—31—2012

vested

the 2008)

spatially falling in Note tabase township TTRRMMSS/TTRRMM spatially this within TI that proportion order in

6- old

So

Base Note: 1 5LCN

15:47

.7

WSAR Range

C1..AWR ESAR

which

the

Linear

were

cutbiock the

within

to

fell

16:58

km/km.2

To

to

TIRRMMSS containing within

Map

the

Calculated

avoid

between

was

density

only

FAX

locate intersected

the obtain

idantied,

calculate

feature (TTRRMM): -

U.

the

of

.6,790.67 Data 121.99

(krn)

719.O1

retained

cutblock

partially the

counting

records

604

the

For

traditional

respectively.

the

of

the

TI 30/04/1978

(ASRD

information

density corresponding

those

using

685 linear

area

cutbiocks

and

total

or

was

with

within

if

2,014.88

length 2,O0095 (km) in Pip&ine

11.90

this

is

TTRRMM

the

the

0244

the

harvested, fell

their

features

all

TTRRMMS[S/TTRRMM

located;

2006).

area

territory. calculated

for the

was

totality

TTRRMMSS

roads,

within

the

tabular

the

area

TI

on to

as

acros

the -

lengh Road 55415 (km)j

TT

30/04/2008

604

shpefiIe,

forsrry wll ESR

th

TTJRMMSS wihin

hovever,

o

tl.e

ithin

pipelines

dnly :

ie

he

diatabase

a

Once

cutblock

685

the as

BLCN

large

PETER

used

known

and

ESAR spatial

or

the

the

5eimic

cutbiocks 12,326.72 length

174.14 (km)

province.

0244

this

TTRRMM

some and

and

cutblock

CLAWR

proportional

U tabular

TI

(i.e.

had GRANT

58 was

and

or area

was reference

the

proportionally

(and

seismic

TTRRMM

cutbiocks

of

information

CLAWR

located).

Township

ioo

proportion

density 095 (kmlkm2) (area 0.0S Pipeilne

of

known,

the

data

caribou &

because

where if

the

only

ASSOCIATES

records

lines

information

area (ha)

from

cutbiock

that

in

part less

each

it

Once

ranges

:0.059

and

and

density

0-000 (ktiJkrn) from 0.O82 Road

the was

on

adjusted, of

we

of the

fell only

than

of

cutblocks

each

the

cutbiock

TI

Section harvesting

didnt

ARIS

the

located

the

the

was

within

in

that had

Section is

30

cutblocks

one

corresponding the Provincial

2.19

$esmlc

density

1RI5 (k.nJkEn2) 1369

L425,

we

database

multiplied

know

yrs

Procas

information

could

the

shapeflles

Ti

was in

of

less

added

old).

km/km2

date) the

(TTIRRMMSS) —

these

TI.

exactly

jL73

than ftself

be

for

within

tabular

Digital

All”LF clensiW We Many

2.19 (kñ/kh’2)

153

(ASRD

by

har

them COnLit?aton

used

cells

located were

30

and

on

the

did

where

the

of

yrs

the

to da

in (A48413)

P.061

L1

061 08/31/2012

AUG—31—2012

7-

for Base 8- Note:

tabase

9- Note:

equation)

tabase

Note:

15:48

Rang CLAWR WSAR ESAR

g_

Proportion

CLAWF Range WSAR

ESAR

CLAWR ESAR WSAR

Proportion

The

ESAR

16:69

Map

Calculated

Calculated

Calculated

%

(ASRD

FAX

(ASRD

and — burn

Data

The

‘679,O6G6,5

Areaof

Wthifl

(ha) range

67i.9Q1.25

Area 12,198.59 wIthin

(km 6,790.67 6,71.01

121.99’ ‘

604 .‘

of

of

CLAWR

Area within

6,719:01 2008).

6,790.67 ..

121

Sorensen

2008).

in ‘

the

) (ARSD

young

of

using

685

using

caribou ‘

using

TT

99

ranges

f

th

0244

range

forest

all

2006).

the

Ara(ha)af within the

00fl ,res.... 23Q,O29.71 18O,76234

19302 the

reaoffire. S0’yrs the’Uporton ,

98,222.54l 237.360.941 0’

(ha), 276.78

TT

equation

roads,

range ,

trie

in

Albertal range -

Albert

‘<

(km2),

(burns the , T’

1-ang

I

0

Wft)Lfl

604

within

pipelines -

Tt

si

‘,

considers

Provincial -

Provincial

‘25Gm

•3;4356O

and AreaofLWth

that 685 4;4Ji9’

62.91

PETER

,rea(ha),af

rrPortloflof’ the

5,22t37 41,7O.

19O.5

the ,

Area

range portion”of

1,982.23 Z3735i 277

cuts

are

0244 ‘‘“

range

and

TI

buffer ,. •.

of GRANT

within

recent

Fire

59

(km) for <

Fire ,,,

seismic

fires’ ‘

30 ,.

CC,

2

ESAR the

the

1km2)

Database ‘

Database

yrs

25Cm ‘ s50

&

fires

younghabitat

Area zie thernge yrs’oId)within 184,93198 (burris+cuts30 :383.97

255,25107

ASSOCIATES

old)

lines

and

( iT ‘

of

(ha) the 0.511

the ofthe.rangeln 0.516 SOyrSopci

0.656 Proportion 0295 Prcporton’of 0.350 .O23 fires

in

50

portion

(ASRD

from

CLAWR

(ASRD

a

caribou

‘17

of -“

linear

IT

yrs

orton .

the

within

old).

of ‘

97

2010)

2010) - feature.

(to

Provincial

range of .,

TT yonghabitat

yr5cTd),W,thlnthe

Proportion

O.272 (birns,+’CCs.’3O, 0.315 0.3759 range’

the use

Proccsc

25Qm

.34.9540

and

tie Percentage of’the 29.5017 50yrs

and 2.2689 portion

within

range

in

u

the

the

Sorensen of

for

Digital

range:in

portion

old-fires

of a

of

ARIS

Corsitation

in the

ARTS

LF

the

of

TI

da

da (A48413)

P.062

062 08/31/2012

AUG—31—2012

We We these the the on

10- (789,166.07

- Data ------*

BLCN

15:48 Alberta

Alberta

Alberta

Alberta Alberta

able

Vitt, IHS IHS

Researcher:

the

T

area calculated Agriculture used

16:59

sources:

calculations,

nergy. Energy.

at

D.H.,

number

(and p:f/www1 Alberta.

tion

source Alberta.

(Iittp://wwwaItaIis.comi Data.

berta.

berta. Canada. ment

FAX

proportionally).

j]tp://w Agriculture

the

Sustainable Sustainable

Sustainable

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ptdocs.nsf/alVsc1d57262boendocument

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the

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it

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county/municipal Edmonton, for

MRD

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[Verified

fall

of

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Martin.

each

0.20250

completely

&

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current

current

fall

on

2001.

2001)

ASSOCIATES

2008.

2010. Branch,

2010. 2006.

01

acreage

the

1

1998.

996

Alberta

June

of

of

counties/MDs to

to 2001

which

Alberta

Alberta, Delineated

Fire

Provincial

upon

the

Sustainable

January June

within

Alberta

Peatland

201 category.

district

ca/Sdepartmer

history

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Census

Available

provides

97

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request.

2006.

Reforestation

the

under

Edmonton,

Sustainable

2010.

(table

Digital

Caribou Process

lnventory

database.

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After

of

that

Calgary,

Fore.st

agriculture

from

tabular

we

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attached).

Calgary,

Base

fall

doing

fr

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ranges

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all

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for

for (A48413)

P.063

JO63 —.__08/31/2012

AUG—31—2012

Cortftution

35.

(2)

(3)

(4) tion 35.1

principal

amendment, Canada inces, (a) (b)

LCN

15:48

a

the

of way In to For

Notwithstanding

Act,

(1)

hereby

17:00

constitutional

The

this

Canada.

in

will

Prime

The

greater

of

FAX

subsection

to

that,

I

government

Act,

867’,

be

land

participate

existing recognized

Act.

604

composed convened

Minister

before

‘aboriginal

certainty,

claims

to

1982.

RIGHTS

685

conference section

aboriginal

(1)

any

any

of

of

in

agreements 0244

are

SeGtiOrL3

and

by

Canada

other the in Canada of

amendment

peoples

OF

25

the guaranted subsection

the

affirmefi.

discussions

THE

of

and

that

proision

Prithe

Prirbe

604

thb

\Aill

ahd

thf

treaty

ABORIGINAL

or

includes

685

Act invite

Canada’

Minister

PETER the

Minister may

is

(1)

eualIy

of

made

or

0244 on

rights

PART

provincial

“treaty

representatives

this be

to

in

that

GRANT

61

of so

this

of

includes its

to

to

Act,

of

II

Canada;

item. Canada

rights” acquired.

PEOPLES

Class agenda male

the

Part,

the

governments &

aboriginal

ASSOCIATES

and

the

aboriginal

24

includes

and

and an

of

of

female Indian,

OF

item

the

section

the

CANADA

peoples

aboriginal

rights

first are

relating

and

Inuit,

persons.

91

committed

ministers

treaty

that

and

ProcesS

of

of

to

the

peoples Canada

now

the

Metis

rights

(or

“Constitu

of

proposed

exist

to

ConuI3tlon

the

peoples

referred

the

of are

prov by (A48413)

P.064

il

064 08/31/201215:49

AUG-31-2012

Beaver

ARTICLES year the Territories, Alexander Majesty country

Whereas hereinafter said deliberate the said svch And Commissioners described

28th

one

whereas Commissioners, of

indians

17:00

other

Our

within part,

the

day

FAX

the

Laker

Moms, upon

and as

OF

mentioned,

purposes

Lord

Queen

of

of

Indians

and

hereinafter

the

A the

604

the the

said

certain that

TREATY

one

said

the

cree lieutenant-Governor

limits

other. Honourable

of

month,

685

it

inhabiting

thousand

as

been

Plain Great

Seaver

Indians

is

FORT

of

matters

hereinafter

to

QUEEN’S

the

mentioned,

the made

Nat[on

0244

and

Her

convened

Britain

respectively,

desire

PLAIN

other

Lka

have

CARLTØN,

the James eight Wood

Majesty

and of

AND

OTF-fR

HER

interet

Cree

and

said

deflnd PRINTER part. of

been

conIuded COPY

anci sa hunred

604

at

I-far

PuIication Crbe

MKay. AND

o

lrIand DGR

iliation

may ountry

neetings

‘and

MAJESTYTHE

to

notified

the

WITH si

Majesty

to

685

nd

and

obtain

TREATY

Cat.

PETER

seem

TRIBES

Her

AND FORT

near

Province and

OFTREATY

WOOD OTrAWA,

and

by

described near

the

have,

atGry DUHAMLL,

BETWEEN

tetepflonc:

0244

AND

No.:

and

Most

ADHESIONS

No.

at

seventy-six,

Fort to Her

CONTROLL.ER

the meet,

the

AND

other

AT

Carlton Fort

GRANT

open

PITT

informed

R33-0664 QS-0574-300-EE-A-l

pursuant

THE

Commissioners, consent

Horiourable of Gracious Pitt

of

No. OF

I

CREE

a

Canton,

Tribes

Manitoba

964

by

up

tract on

780-G23-9221

AND

Treay

F.R.S.C.

on

their &

INDIANS

the for

6

between

QUEEN

by thereto

to

No.6

the

ASSOCIATES

of

of

Majesty,

settlement,

9th

Fort

an INDIANS Her OF Chiefs,

BATTLE

country

Indians.

William

23rd and

appointment

day

STATIONERY

Majesty’s Pitt

of

the

the

Her

day

- of

Her

chosen

of

and

Joseph

bounded

inhabitants

Honourable

www.hlcn.ca

North-west

the

Most

September,

RIVER immigration of

Indian

Battle

96 August

one

said

and

Gracious

made

Christie,

part,

suojects

and

River;

named

of

and

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on the

the as (A48413)

P.065

065 08/31/201215:49

AUG—31—2012

allowance inhabiting And and

should thereupon founded requested

Canton, respective And And hereto. of Commissioners Indians so The And

Indians that Indians. all Government hereinafter Commencing the thence

south on thereof; distant river stream, following And river, south-eastwardly River; Saskatchewan tracts

To the The situated

be And

BLCN lands,

Indians

their

presented

a

have

good the

head whereas

thereupon,

Plain whereas, North-west

whereas,

is

tract

northerly

also,

line

Her

being

17:00

shore

thence

to

be conceded

who

westerly due therefrom, same inhabiting rights,

the

and

to

and thereon,

and and

generally say:

the of will

and the Majesty

FAX

authorized hyare they

inhabiting

by

comprised

named Bands

all

the described

the

respect

several

green

make

the

of

thence of

the their Her

said

between

as to easterly being

more

the

at Wood down the

to

titles

Jasper

Red

the

604

outlet

River; as in

Territories,

hold

up same Chiefs

the

a

Indians

and

Majestys

by of

the for

said tract, the said

open to

rights,

the to

to

the

parallel

point

Lake;

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Chiefs

or within the and

such

Deer being the

the

due

the

mouth

the Cree

the on that 685 the

count

within

said and to

of Queen range

thence

treaty

less.

House,

them Chiofa

has Commissioners Commissioners

and said

and

council, said

said privileges, their the

several become

twenty

mouth

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titles

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purpose,

defined,

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with district

and

0244

been

or

the

said

of upon

the

Headmen,

Buffalo river of to

rdHer arid

at

district

river;

hereby

behalf

of and

eastwardly

in

Dominion the

in and to

to the

Councillorsi

make to the Fort said

continuing

lines of

miles

treaties Canada.

any the Commissners

of the finally

northerly

the of

to

responsiLe lands

and

hereiniaffer

Her

river

Headmn,

with the

mountains,

whatsiever, do privileGes the said

that lndian,

its Pitt,

Lake:hhence tract,

to

differnt

hereiriafter

Rocl4

othe

agre.s

Athaasca

aboe

as

Majesty, a

froni

receive

Malesty hereby

sai 604

soirce;

codduct

egreed sai

errptying

th for!the thn

trety

haie

a

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nd

or

‘to

ciiuly

present

o

Province

westerly who the

Canada.

stream,

Red

Mountains;

river;

described

and

695

and several

and

proceeded the

whatsoever Her say,

described. Bands

be

for PETER

to and

northwardly, from

cede,

and

purposes

upon to the

convened

said thence

described. to River

such

have Deer

H®r

River;

all assumed

elbow the to there undertakes

into

Majesty the thence

representing

due

0244

arrange

the

cultivated that Queen

Her four

to other

name

elbow; along

or

Chiefs

release,

having

and

purposes

Majesty

source

subscribed negotiations the

(above

River

the

GRANT

east lands

portion on embracing received

thence

63

they

thence in Majesty’s

and

to

aforesaid,

concluded, northerly

the

to north-west

in

the

the

junction

a certain and

the

with

following by

and twenty negotiate thence

on

presented

straight council

all

may

five

included

surrender of to by the

for

Indians

cusen

them,

Beaver

said

the of

Her up &

the

other aforesaid,

on

them,

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lay

Councillors

and

the

to their

elbow),

Her know

hereto,

Chiefs ASSOCIATES

the bounty

an

a

to therewith south

and

successors miles; shore Indians in

aside the

main of

said

line

the course

acknowledged as on

lands

arid

the angle as

a a

inhabiting

area

faithful Majestys

River; said

within

so the

their

westerly place sign and treaty

and

aforesaid,

the

follows, in said

and

Indians,

arid branch

that branch north-easterly to

reserves thence and

and

Ner of

respective

a of

who river,

wherever

of

boundaries who yield Chiefs

the south-easterly, thence any

be

the

the

westerly

of

performance

Headmen, Indians

121 of

about

with

there

representing successors

Cumberlend

benevolence.

forever.

the

assured

the

western

beginning. make

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following respective

direction, treaty

that

of

of have

on

up

,000

and

and

for the

to

outlet

the the

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twenty

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to

situated Bends

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to

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point

the persons of

who

be

limit

said

be

of

limits,

treaty say:

the forever,

the keeping

what

by

Bands the

Lake;

miles

peace

the

Deer of

their

of

in

said

miles,

line

to

or

the at

COn5uIIation (A48413)

P.066

lO66 —

08/31/201215:49

AUG—31—2012

with send all reserves Majestys for of twelve land, manner

obtained; Provided,

And conduct as the extinguishment

Territories be

Her preserve otherwise Her pursue required described, soeve of Government. Her this Canada, above It And that period and It described, annum

two reasonable reserves, It for supplied commence this

BLCN

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is

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to

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allowed

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the Majesty

treaty, Dominion further further, further treaty.

furthe purpose twine spades

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lands

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in

their

following,

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Indians

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Her

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Government

to each Government and three however,

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cause

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agreed the

interest

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any reserved further

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Majesty

Band

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Her

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Majesty’s

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say; every any

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Majesty

Her woman or hereby,

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for

Governmen

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Her that

Her

to

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Majesty

of

Majesty that accurat Majesty be locality

year herein,

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of reserves

otherwise

schools in 685

laws lumbering

to

apart

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subjects

Her the

the

be PETER

Her the

the

Indians, the intoxicating

Superintendent

throughout that

by

belonging are

from

each may

Majesty’s

Pour

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deem

for

administered value

that

that

[or by

Commissioners,

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now

said right

Her 0244 said said

thereto, thereof

the of now in

of may

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in proportion

provided,

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time every for

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within Her manner

they,

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reserves fit, in Indians, to

of Indians, Indians,

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instruction

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other Majesty

Indian among

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tracts

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following,

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Canada, with

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their or that

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such families,

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in

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larger the or possible ASSOCIATES

with

hereafter

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makes

authorized

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each dealt by in

any

the the surrendered

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the

here

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sum

following no

within and Affairs

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band,

whenever

from

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suitable

them

by

of

actually Majesty’s

smaller strictly

by after

behaviour or intoxicating

reserves

aforesaid

to

aforesaid;

shall represented, two of

date

is of thereon.

Indian

rst Her

for

inhabiting

of who

therefor Her the

be

the time

Her

of

shalT $5 to

shall

$1500.00 after

within to

a

the

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as

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say: have had

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tract enforced.

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shall

of

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to the

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forks

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time the

and Government head

In

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Process

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in

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harrow

in

several and yearly.

some made to

shall

until said

alan, of

be of of

of

of

two

of

ftr

in for

CoriBultallan (A48413)

P.067

LJ

067 08/31/2012

AUG—31—2012

reaping hand-saw, also the two cultivation Band, articles It such, That officer, clothing, Chief

as pestilence, arid That to Indian That dollars, Indians the the included

the

That those among That two this (exclusively,

the provisions to engaged transported,

And They tract

tribes also or will maintain Her BLCN

is

15:50

the

Her

each

whites, Indians.

further

soil, sows,

use for Indians

Carltoc, medal,

treaty,

not

or

in

during

Majesty

the a with to

arid

in 17:01

shall within

enough

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Agent

Indians under

not

of

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the to Chief

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from

to

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Indians,

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Chiefs Chief Superintendent

given or such

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the

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next 604

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685 four

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shall of Chiefs

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shall

recognition hereby

in

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such that

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cultivation.

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they Majesty

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Majesty

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OonuIiation (A48413)

P.068

l068 — 08/31/2012 15:50 FAX €04 685 0244 PETER GRANT& ASSOCIATES l1o6g (A48413)

said tracts, or any part thereof, and that thy willaid and assist the officers of Her Majestyin bringing to justice and punishment any Indian offending against the stipulations of this treaty or infringingthe laws inforce in the country sØ ceded.

INWITNESSWHEREOF,Her Majestys said Commissioners and the said Indian Chiefs have hereunto subscribed and set their hands t or near Fort Canton, on the days and year aforesaid, and near Fort Pitt on the day above aforeaid.

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the

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Lieutenant-Governor

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of

Pitt

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the

enumerated

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we

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Lord

Minister

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the

Indians,

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Great

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Honourable

one

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the

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ri

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j

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near been

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lc

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lndians,

‘eer Pitt Canton use

present

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yep’ i1

the

to

on Jis named

duly whether eihz of

lndins.

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being

Majesty

as Y.

ADHEJON the

b’eu represert

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the

Esnn,

her

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said

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on

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604 the the23rd 1ort

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4

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e aid

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t,

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to the

tcia

day

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to

held

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Queen, and

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cur

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country

ed

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other

said

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to

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of,

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o

successors,

us

on

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interest

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limits

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terms

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in

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to

near

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.

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Her whatsoever,

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n

engage

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represent,

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day

to

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whatsoever

of

things

consideration

territory Majesty

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treaty X

and

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the

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on

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and

ynv

had

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for

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to

were

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to

said

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AUG—31—2012

the hundred North-west IN Bow

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15:53

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WITNESS the

by

condition

said

lands Cree

undersigned Majesty

Headmen the

the River,

subscribed

17:04

of

Her concluded

to

provisions

treaty, August

and undersigned named

undersigned

each and

Nation

in

FAX

Majesty. eight to

this

SigiLI’I Territories,

R1ei

the

agrees

WHEREOF,

seventy-seven.

that

Her

WHEREOF,

of .e r.h

13rn11 seventy-eight. 7)FIuL’3)

Crete

have

twenty-fifth have

3’

hundred

North-west 604 the respectiveLy, A.

therein,

at of

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and to

r.ii

Majesty between of all Chiefs

e

31cDoiit

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G.

this

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the hereunto

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the

2tI 685 Superintendent

Chief

7,

and

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Pitt

said

)vig

memorandum payments1 tbo

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all

yp

and Her

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and

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tce,

Ji the Her day

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set

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Territories

treaty

and

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made

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seventy-six

undersignec

Queen,

subscribed

of

his

Chief the y

and

Majesty

of our payments •‘-

for

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Canadaj ADHE$ION

near

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9th

kc

being

ourseIies

hand

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end ‘l’4

az

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604

an

da Fort

anc .-.

th

of Liejtenant-Governor

stall

cncIuded

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xtended

and

heirs

all the

between

in Crees

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reserves

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oF

e1thud

Pitt

Queen to

685

this

of

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our

be

the

and ,

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PETER

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faithfully

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nineteenth and right,

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0244

Superintendent

the

theirs

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by

people. near to

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Carlton Dr. KWLA.’W

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and

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day

day

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at

&

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on agree INDIANS

to cede,

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and

had

of INDIANS

named

we

September, of August,

narried

and

the

carried

Queen

Blackoot

Indians,

Indians,

one

the

represent,

communication

led-

to

transfer, set

twenty-third

Si4;

for

mark. Superintendent

gMng

Territories

whatsoever (L.LD.

surrender

in

thousand

undersigned

and

therein

forth

the

one

by

out

the

inhabitants Fbl

having

c

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Her

certain

use one

their

to

surrender thousand

said

in

in - S.

the

are

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on

our

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treaty

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to

the

Chiefs secured

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said

of P,ocess

behalf

Chiefs

title 4

of

all f

for

of twentyeighth

the

eight

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lands to

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to

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p_n7

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AUG—31—2012

same in And and as obseNed the And ourselves Superintendent in

the IN Battleford,

We,

thousand days communication country Commissioners, of in relinquish same Government And And as and ourselves Superinter.d cbfrwh’rI BLCN

the

the

WITNESS therein

the

the

therein aforesaid

said

obligations

we

Her

the

obligations

we

Her

17:04 unto of North-west

said

unto

North-west provisions

hereby

August,

Chief

named

Majesty undersigned

hereby

Majesty and and

FAX stated,

to eight

rind

treaty

and

stated, and this

Sd

and

ent

WHEREOF,

Her

Chief

of

1h t

performed, and

our

twenty-ninth

pnrfnrmrj,

our to agree

therein

004 of

hundred therein,

the

to agree

of

therein c!i respectively, 0f

to

the

and

Majesty Territories,

of and

the r, 11,,V1R the JA

Band the

nnie

and Territories

Headmen

the

the

and

th Bands

by

be

the Dominion

t In!se

Queen,

085

to

the

use Queen, Chiefs

solemnly

North-west

£ccOr

to

treaty use made

contained,

solemnly

North-west

his

said

contained,

accept had

hereby P1t

ivi1

and

accept we,

WA.ig!.

the Plain

and

of

had

Ro

0244 of

Band. itivJret

day

or treaty Her

and originally

by

or to

made b3’

of

seventy-six,between

the and

Her Queen,

by

of

in

originally

and

elsewhere

promise

elsewhere the for each the

Her

1’tee of promise

all

The .‘\. Canada, said lwt’n

Her

ADHESION

Headmn

said

said

Territorids, near

on

Augvst Territohes, being

oursel9es on

things

Wood and

Stony several

repreentative,

-iin

sevejal

reprbsentative,

Chiel the

MaiØty Herlheirs

beeti,

lndiain 604

th

Majesty 1jnhteDnac

F*t

cthncluded

een aid

extended

nd art

all tribe

to

Cree part

in

wtes,

to

and

provisions,

‘xiLrl one

contracting Pitt of 605

Her

provisions,

our engage

Her Superintendent conform

agrees

and

PETER

engage Li

conform contracting of

the agrees

the

of the

and

of

and his on thousand

said

Majesty’s

right,

Majesty’s

said

0244

the

Queen,

Wood Indians,

BY

the Queen,

Band to near

Her the

successors,

other

that the

to

Chiefs

that

Sands

to to GRANT

our

Chiefs title

ninth payments to

CREE

Honourable

abide

parties Majesty payments

1LJD Canton Ti-sLg-PY!•Te,

the Honourable abide

Cree

all

shall

the

parties Tribes Her Bands,

all eight

and

have

dominions,

Her

Dominions,

the

and

day articles

the which

of

and

articles

by

heirs

Tribe & be

by

privileges frw. heirs thereto.

th

hundred payments

the

hereto

on

to

payments INDIANS

of of Indians

and

ASSOCIATES

thereto. and

faithfully

cede, and Indians

arid

Iii’

September, we arid Indians,

the North-west

and

of

Queen, David

of

and

David

of

carry

reserves

carry Indians,

to

the

represent, reserves set

to twenty-third

for

the ic

transfer,

successors

Cr

therein

and

whatsoever successors

1Tw

have

therein

have

and

made

Laird,

said

our

the

out

and

L.aird,

said

inhabitants

by

out

seventy-eight.

C-u and

provisions hands,

having all use of

Her

Territories treaty,

and

one

provisions

all

named of

treaty,

Indian

and

surrender

bJflf

named

the the Indian

in -

hJ

the the

to of

to

and

consideration forever.

fulfilled

forever.

said to

stipulations

Her

hold as

had

at

said

stipulatiori

hold II1.

ProCeSS

as x

of

to

all

twentyeihth

to

if

named

and

the

treaty if

be

named we

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and

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to ELIHI’

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P.077

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AUG-31-2012

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the

in IN

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and the conditions at

Whereas,

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commonly Commissioners, end Our to Honourable BLCN

the

WITNESS

the

aforesaid

said the

conferences

concluded the

twenty-eighth Lord

the

17:05 said

Indians,

time

said

this

Chiefs

undersigned

Plain

SeLd

FAX

one treaty

Min-a-he-quo-sis.

tia of

14wng

the

b third

known

treaty,

Sgtieci

WHEREOF William

Chiefs

the

comprising

and thousand

and

said

at 604

)‘aing

to

Ag

day

epaned at

the

said

k

L. &, ?,

Forts

have

4

Wood wti as

be

which days by

Headmen

treaty arid

Joseph

Thegs

of

zjnirjg.

Honourable E.

685

Indian

treaty

mada

Treaty

thc’

Septembe

presented Canton

be Prtft

their

Fv*o’t

eight

we,

of

Ores

said

was

twenty

fThei

0244

August, i

b

Chief

lLg

and

our Christie, to

the

or

Bands.

No.

ed

of

hundred

treaty presce

first

Tribes P

1IL

each

and Little

the

ADHE1ON

said

hd to

ADHSION

nn

lodges, A1exancer

6,

and

nid

themsk’es

aa signed.

abide

and one

Wood!

Pitt

was

Chief

made

Pin4,

ll]im:

of

lndin of

604

Headmen,

aiid *pILLt1èJ

te Cue))or

e

Ihbusand near ldians ii

inhabitants

hegotiated,

thereby,

the and

a

Cree

the

685 between

seventy-six, one

Morris,

Superintendent

egheth

Cree

PETER Fort

summer

to

his

fc

tcr1

of

Tribe part;

0244

Edgar

having

BY

Pitt

Chief, BY in eight

the

sand

the

the

J

of Her

hereby

of

GRANT on

other

75

CREE

CREE of

the

Honourable

hundred

Dewdney,

who

Indians, same

shall

on 3qy

had

the

Majesty

1

PAim

876, country

behalf

part, of • f3CkLI

ninth agree

Touis communication have

be

&

manner

the

INDIANS

but

iNDIANS

have and

Iaithfully ASSOCIATES

the

at

(m

day Esquire, of

net

North-west

to

covered 1o

James iy•pI.wAyc.

Canton,

not

czebe.

his seventy-eight.

Queen, CAi’’ii0’

accept

hereto

yet

of as

having

Ii’n

Band

September,

made

if

given

Sos)

Indian

Mckay we

rk.

by

1878.

on

set

by of

the

Terrttories

and

x had

The

been

the

the

and

prid&a.L

in I’’

97 Her

our

terms

bb

Commissioner

x

X

their

and

treaty

certain

treaty twenty-third been

fulfilled

hands

present

in

Proc

the

adhesion

and

the

and

present

made

other

year

at to

at

for

of

CnsuItatiOn (A48413)

P.078

EJO78 08/31/2012

AUG—31—2012

for

said said their

Commissionei and territory all Government NOW, Man,’ whatsoever have heretofore successors mentioned; have and and promised originally obligations Pine” Walsh, IN and giving thousand

WHEREAS, the

August, James

Majesty Cree

presented eight LCN

15:54

their

the

WITNESS

relinquish

Commissioner

country Band the had performed,

number

held

and

Tribe and 17:05

THIS for

hundred

their

North-west

in right,

McKay

described

said

the

there and

contracting

themselves

to

the to

or FAX

eight

of Pap-a-way

made

Siitd

themselves

of adhesion and

and

for INSTRUMENT to

hold

the covered

enjoyed Queen,

of

as

Big plaied i1ii’ twenty ‘iJ.

title Ptrfl ‘Little nccw,

WHEREOF

near said

Indians

to

all attached

who

and the ever.

arid

hundred 604 conditions the

arid

further,

Indians

Bear,

Her

or

and

the other

North-wesL Territories,

Fort and ,

Dominion

Pine’ has

seventy-six, hereafter

Headman

the

has

lodges

And

in

by

same parties Majesty

to by ‘e of,

and 685

t

interest

of

,tx1 or 1R.z j, 1DILVIh14y,

a

all

fully

Pitt lands

to toni

of

recognized

Her Honourable the their do

adhering the

recognized the in

Cree

1c and

kthe 4&

and do

Edgar iiee things

on Allan

and WITNESSETH

contained

on solemnly 0244

‘1c

unto

set

have

said

Commissionrs treaty

other 1vr

1a thereto,

hereby

to signatures 1tILn

beheif wherever seventy-nin, F.

of the and Lucky Norr&

whatsoever

Pap-a-way

Chief,

Territories, of the

to

out

Macdonaib,

be

Canada,

t

who

D€wdney to

and treaty,

their

‘.fcToe. c

selected p

Queen, ADHSION

to

the expressd

part

ninth

commcinly

‘ing th,rigd

conlorr made

in

the E:t-

of

agree Man,”and and A Williah,

the

on

engae

and for 4Olk

hav4

the or’

ten-itry

y BancJ,

lntçr,T,

the 604

at

sitiated,

said

S4 have

bhalf

d4iy

sid

t th

adcepted

the

le

all

t1is Her id 4iith er Carfton,

lad

opi4aLnr

tiat

4vhich

fro arid

sands

not the Indian

5

their

Joseph

of to ses use

Esq, “the the

‘Little

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of performed beyond privileges His

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II086 08/31/2012 AUG—31—2012 the the Canton treaty as Commonwealth, and as Malcom therein Canada; AND AND Her NOW as provisions made had IN BLCN 15:57 Treaty WrTNESS therein hereinafter intention United heirs obligations originally we Her 17:Oe THEREFORE being and named, and McCrimmon, hereby Number and Majesty stated, fulfilled FAX named Kingdom, Fort extended of WHEREO been successors, set Her and therein agree 604 Pitt, Defender forth. the and Si to in contracting Most we in the the Canada in Queen, made 685 of solemni to all to contained, the the said aforesaid the things us accept Gracious Her forever, of said year 0244 cede, between City treaty the and Majesty’s by parties to promise Indians of th Her of Faith, transfer Her to coflforn Indiansi all Our Majestyi to Ottawa; severl reprenta1ive, be our Her 604 be othr theeto; to Lord heteby Commissioner tane and otiaenied amd rhade riht ajesty xtend surrender Queen to 65 provisions, Realms one engage PETER the title in to thousand 0244 consideration its articles Queen each and Elizabeth aforesaid, and provisions to and GRANT 84 performed and privileges payments abide Chief Territories. Victoria relinquish of eight the the the and by & agrees to said of said Second. hundred whatsoever and ASSOCIATES and us by and his the to Queen, Indians treaty, through the cany sand certain that provisions Her reserves Chiefs by and Majesty all out as shall have Head the to tribes His the seventy-sbc if all and of all we Grace be of Commissioner, set payments the of the lands the the of ourselves faithfully Indians the their stipulations said ProceSS Indians Queen, of said in God hands and treaty and at of for of Consultation (A48413) — 08/31/2012 15:57 FAX 604 685 0244 PETER aRANTT AQ,A’QArTAPWC n..-.- - WJ U (A48413)

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PETER WNT& ASSOCIATES Bmsters & Solicitors 990 - 777 Homby Street V@couver, BC V6Z 1 S4

DATE: Augurt 31,2012 PAX NO: 1-S77-288-8803 I i NAME: Joint Review Panel i

FROM: Beaver Lake Cree Natibn I RE: Enbridge Northern Gatbway Project

! TOTAL NUMBER OF PAGES: 16 (INCLUDING COVER PAGE) ORIGINAL BEING SENT BY MA^- NO.

Please see attached the United ~ntihsDeclaration of the Rights of Indigenous Peoples.

I i ! i COW FIDENTIALITY CAUTION:

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OOd 96 989 O9 L7:LT IO—T—fly (A48413)

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MAILROOM SALLEDECOURIER

lI2 SEP—L A 8: 38 NEB/ONE

United Nations Declaration on the Rih.rs of Indigenous Peoples

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Resolution ad6ptcd by the General Assembly

[wi;hou referencero Main Cümrnirtrc (AJ6l/L67 and Add.l)]

61/29 5. United Nations Dec1araton on the Rights of Indigenous Peop1c The General Assmbly Takingnote of the 4omrnendation of the Xun-ian Rights Coun cil contained uiits rcoIution 1/2 of 29 June 6,A200 by which thc Council adopted the text of the United Nations Declaration on the Rights of Indigcnous Peop1es, Recalling its rcsoiuti4n 61/178 of 20 December 2006, by which it decided to defer ccnsideration of and action on the Declaration to allow time for tIirticr consultations thcrcon, and also decided to concludc its tionconsider before the nd of thc sixry-&st scssion of ti-icGeneral Asscrnbly1 Adopts the Unircd Naitions Declaration on the Bights of Indigenous Peoples as contained n the annex to the present resolution. 107th plnw-y meethtg 13 September 2007

Mmcx United Nations Dtdration on thc Rights of Indigerniws Peoples

The General Asembly. Guided by the purpo4es and principles of the Charter of the United Nations, and good fiuithin the uiilfilment of the obligations assumed by States in accørdane with the Charter, Affirming that indignous peoples are equal to all other peoples. while recognizing th right of all peoples to be different, to consider thcmsclvcs different, .nd to be respected as such,

I Sx Gift 1g1 Rccirdi dfr1i (,ra1 AiswbIy, 5ixty-,47s .fiJ, 5iipp1cmcwN. 53 (A/61/53, pait onc, chp II, A.

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Affirming alsothat all!pcoplcs contribute to thc diversity and rich ncss of civilizations anc cultures, which constitute the common hen tagc of humankind Affirming further tha all doctrines, policies and practices based on or advocating supcrio-iry of pcoplcs or individuals on thc basis of national origin or racii, religious, ethnic or cultural differences arc racist, scientifically faIc, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous pcoplcs, in the exercise of their rights, should be free from discriminadon of any kind, Concernedthat indigeous peoples have suffered from historic injus rices as a result of; injtcr alia, their colonization and dispossession of their lands, territories and resources, thus preventing then-ifrom exercising, in particulr, their right to development in accordance with their own necds nd interests, Recognizing the 1lturge need to respect and promote the inherent rights of indigenous eoples which dei-ivefrom their political, eco nomic and social strurures and from their cultures, spirimal tradi tions, histories and phlosophies, espccially their rights to their lands, territories and resour*s, Recogniirsg also thc trgent need to rcspcct and promote the rights of indigenous peopIe affirmed in treaties, agreemcrts and other constructive ariangcrnients with States, Welcomingthe fact tlat indigenous peoples are organizing them selves for political, ccmomic, social and culmual enhancement and in order to bring to ab end all forms of discrimination and oppres sion wherever they ocur, Convinced that conrrbl by indigenous peoples over developments affecting them and thcir lands, territories and resources will enable them to maintain andlstucrigthen their institutions, cultures and tra ditions, and to promctc their development in accordancc with their aspirations and neds, Recognizing that respect for indigenous knowledge, cultures and traditional practices cntributes to sustainable and equitable devel opment and proper rranagemcnt of the environment, Emphasizing the conribution of the demilitarization of the lands and territories of indienous pcoplcs to peace, economic and social

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pi-oress and devcloment, understanding and fricndly rclations among nations and po pies of the world, Rccognizig in parriwJar the tight of indigenous families and com munities to retain shah-edresponsibility for the upbringing, training, education and wcll-bing of their children conSistcnt with thc Lights of the child,

CurLLZ.r4!QJ LihiL Ll1 L2,li iTh LI1 t aid ethe.r constructive arrangeqents between States and indigenous peoples are, in some siruatiois, matters of international concern, interest, responsibility and ch4.actcr, Cnsidrri;ig alio that treaties, agreements and other constructive arrangcmcnrs, and th relationship they represent, are the basis for a strengthened partricr4hip between indigenous peoples and States, Acknw1edging that t4c Charter of the United Nations, the Interna tional Covenant on Economic Social and Cultural 2Rights and the International Covenarit1 on Civil and Political Rights, as well as the Vienna Declaration trid Programme of Action) affirm thc funda mental importance o the right to self-determination3 of all peopics, by virtue of which ticy frccly determine their political status and freely pursue their ecnomic, social and cultural development, l3earinjj in mind that nothing in this Declaration may be used to deny any peoples thc- right to self-determination, exercised in con forrnity with international law, Conpinc4 that the r4cognition of the rights of indigenous peoples in this Declaration ‘41111enhance harmonious and cooperative rela tions between the Stajteand indigenous peoples, based on principles of justice, democracy.jrespect for human rights, non-discrimination and good falrh, Enct3uraging States o comply with and effecvely implement all their obligations as tiey apply to indigenous peoples under inter national instrumcnts,iri particular those related to human rights, in consultation and coocratior, with the peoples concerned, EmJ2asizingthat the United Nations has an important and continu ing role to play in pkomotiag and protecting the rights of indig enous peoples,

‘Sec rcoIition 2200A (DOT annex. A/CON1U 57/24 (Part I), 4ap. II].

3

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Believing that this Dclaration is a further important step forward for the recognition, ronorion and protectIon of the rights and freedoms of indigenotis peoples and in the dcvclopi-neniof relevant activitics of the United Nations system in this field, Recognizing and rrtz4rming that indigenous individuals arc end- tied without discrimiration to all human rights recognized in inter national law, and thai indigenous peoples possess collective rights which are indispensalc for their existencc, well-being at-id integral development as peopls, Recogr2i.singthat the!situation of indigenous peoples varies from rcgion to region and from country to country and that the signiñ cance of national an regional particularities and various historical and culturai backgroinds should be taken into consideraLion, Silemnlyproclai;ns th following United Nations Declaration on the Rights of Indigcnou Peoples as a standard of achievement to be pursued in a spirit ofartnership and mutual respect: Article] Indigenous peoples hve the right to the ifill enjoyment, as a collec— tivc or as individuals, bf all human rights and flmdamcntal freedoms as recognized in the harter of the United Nations, the Universal Declaration of Humah 4Rights and international human rights law. Arr-iclc2 Indigenous peoples nd individuals are free and equal to all ether peoples and individir1s and havc the right to be free from any kind of discrimination, in the exercise of their rights, iii particular that based on their iridigetious origin or identity

Article 3 Indigenous peoples lavc the right to self-determination. By virtue of that tight they frely determine their political status and freely pursue their cconomi, social and cultural development.

Article 4 Indigenous peoples, n exercising their right to self-determination, have the right to autoiomy or self-government In matters rclaring to

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their intci-j-ialand localaffairs, as wcII as ways ‘and mcans for financ ing their autonomous funcdens

Article 5 Indigenous peoples ha’c the right to maintain and strengthen their distinct political, 1cgal economic, social and cultural institutions, while retaining their riTht to participate fulJ’, if they so choose, in the political, cconomic social and cultural life of the State.

Article 6 Every indigenous indi’idual has the right to a nationality.

Arricle 7 1. Indigenous indivi4uals have the rights to life, physicaland men tal integrity, liberty anI security of person. 2. indigenous pcophs have the collective right to livein freedom, pcace and security as distinct peoples and shall not be subjected to any act of genocidc o any other act of violence, including forcibly removing children of the group to another group.

Article 8 1. Indigenous peop1s and individuals have the right not to be subjected to forced asimilation or destruction of their culture. 2. States shall 6provid. effective mechanisms for prevention of and redress for: (a) Any action ihich has the aim or effect of depriving them of their integrity s distinct peoples, or of their cultural values or ethnic identitis; (b) Any action ‘Whichhas the aim or effect of dispossessing them of their lands,territories Orresources; (c) iy form oforccd population transfer which h the aim or effect of violatxig or undermining any of their rights; (d) Any form o forced assimilation or integration; (e) Any form o propaganda designed to promote or incite racial or ethnic discrimination directed against them.

5

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Article 9 Indigenous peoples ad individuals have the right to belong to an indigenous community or nation, in accordancc with the traditions and customs of the cojmmunityor nation concerned. No discrimina don of any kind may risc from the exercise of such a right.

Article 10 Indigenous peoples sla1l not be forcibly removed from their lands or territories. No relocaion shall take place without the free, prior and informed conscnt ofthc indigenous peoplcs concerned and after agrccmcnt on just ank fair compensation and, where possible, with the option of return

ArticIc 11 1. indigenous peoples have the tight to practise and revitalize thcir cultural traditions an4 customs. This includcs the right to maintain, protect arid devclop hc past, present and fururc manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual arid performing arts

and literature. I 2. Statcs shallprovice redress through effectivemechanisms) which may include rcstinitin developed in conjunction with indigenous pcoplcs, with respect o their cultural, ixtcllecmal, religious and spir itLialproperty taken cithour their frcc, prior and ir!formed consent or in .‘iolationof thci laws, traditions and customs.

Article 12 1. Indigenous peopes have the right to manifest, practise, develop and reach their spiritmaland religious traditions, customs and cer emonies; the right t maintain, protect, and have access in privacy to their religious and cu.ltural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek o enable the access and/or repatriation of ecr cmonial objects and luman remains in their possession through fair, transparent and effccive mechanisms developed in conjunction with indigenous peoples cnccrncd.

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2. Indigenous peoples dcprived of their mcans of subsistence and development are cntitl4d to just and fair redress.

Article .21 1. Indigenous peopids have the tight, without discrimination, to the improvement of thfr economic and social conditions, including, inter alia,in the areas oi education, crnployrnent, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take efctivc measures and, whcrc appropriate, spe cial measares to cnsurd continuing improvement of their economic and social conditions. articular attention shall be paid to the rights and special nccds of in4ligcnous elders, womcn, youth, children and persons with disahiliti4

Article 22 1. Particular attentioi shall be paid to the rights and special needs of indigenous elders, omen, youth, children and persons with dis abilities in the implcrnnration of this Declaration. 2 Staresshalltakemesures, in conjunction with indigenouspeoples, to ensure that indigenois women and childrenenjoy the full protection and guarantees against 411forms of violence and discrimination.

Arride 23 Indigenous peoples hvc the right to determine arid develop pri orities and strategies fr exercising their right to development. In particular, indigenous freoples have the right to be actively involved in developing and detarmining health, housing and other economic and social programni4s affecting them and, as far as possible, to administer such progrmmcs through their own instirtitions

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(A48413)

P.015

lJ 015 08/31/2012 16:43 FAX 604 685 0244 PETER GRANT& ASSOCIATES Ll016 (A48413)

2. In conjunction with indigenous peoples, States shall take effec tIve measures to rccogrizc and protect the exercise ofthese rights

Artide 32 1. Indigenous pcopls have the right to determine and develop priorities and stratcgie for the development or use of their lands or territories and other re4ourccs. 2. Stares shall consul and cooperate in good faith with the indig enous peoples concernd through their own representative institu tions in ordcr to obrair their free and informed consent prior to the approval of any projccd affecting their lands or tcrritorics and other resources, particularly n connection with the development, utiliza tion or exploitation of incral, water or other resources. 3. States shall provid effectivemechanisms for just arid fair redress for any such activitics,;and appropriate measures shall be taken to mitigate adverse envircr1menra],economic, sociaL,cultural or spin impact. tual Article 33 1 Indigenous peopIe have the right to determine thcir own iden tity or membership in ccordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citi.en ship of the State in vhjcli they live. 2. Indigenou peop1e have the right to determine the structures and to select the rnembrship of their institutions in accordance with their own proccdures.

Article 34 Indigenous peoples e1ha the right to promote, develop and main tain their institutional tructures and their distinctive customs, spiri tuality, traditions, procedures, practices and, in the cases where they exist, ji.iriclicalsystems r customs, in accordance with international human rights stand ard

Aric1c 35 Indigenous peoples hate the right to determine the responsibilities of individuals to their mmunities.

12

AUG—31—2012 17:54 604 685 0244 S6’ P.016 08/31/2012 16:43 FAX 604 685 0244 PETER GRANT& ASSOCIATES l1017 (A48413)

ArzicleS6 1. Indigenous pcoplçs, in particular thosc divided by international borders, have the rigl* to maintain and develop contacts, relations and cooperation, irich4ding icrivities for spiritual, cultural, political, economic and social j4urposes, with their own members as wcll as other peoples across bbrdcrs. 2 States, in consulttion tixd cooperation with indigenous peo ples shall take cffcctiv measures to facilitate the cxcrcise and ensure the implementation o this right. 4,-tide 37 1. Thdigenous peopls have the right to the recognition, observ ance and enforcemcnt of treaties, agrccrncnts and other constructive arrangements conclud6d with States or their successors and to have States honour and re$ect such treaties, agreements and orhcr coii smictivc arrangernent.

2. Nothing in this cclaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other onstructivc arrangements.

Article 38 States, in consuitaflor and cooperation with indigenous peoples, shall take the appropriate measures including legislative measures, to achieve the ends øfthis Declaration

Article 39 Indigenous peoples hjve the right to have access to financial and technical assistance frm States and through intcrnational coopera tion, for the enjoyment of the rights contained in this Declai-ation

Article 40 Indigenous peoples hvc the rigbt to acccss to and prompt decision through just and fair iroccdurcs for the resolution of conflicts and disputes with Stares od other pa.rtics as well as to effecthe remedies for all infringements 4ftheir individual and collective nghts Such a decision shall give due consideration to the customs, traditions roles and legal systens of the indigenous peoples concerned and international human rihrs.

23

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Article 4) The organs and spccii1ized agencies of the United Nations system arid other tergovernincntal organizations shall contribute to the full realization of the provisions of this Declaration thiough the mobiliza tion, intcr alia, of financial cooperation and technical assistance.Ways and means of ensutin participation of indigenous peoples on issues affecting thcm shall bc cstablished

Jlrticle 42 The United Nations, ts bodies, including the Permanent Forum on Indigenous Jssues, an, specialized agencies, including at the coun try level, and States slall promote respect for and fill application of the provisions of this Declaration and follow up the effectiveness of this Declaratioxi

Article 43 The rights rccognizec herein constitute the minimum standards for thc survival, dignity aid well-being of the indigenous peoples of the world.

Article 44 All the rights and fredoms recognized herein arc equally guaran teed to male and fcmilc indigenous individuals.

Article 45 Nothing in this Dclaration may be construed as diminishing or extinguishing thcrights indigcnous peoples have now or may acquirc in the future.

Article 46 .1. Nothing in this ])eclaration may be interpreted as implying for any State, people, grup or person any right to engage in any activity or to perform any actjcoiltrary Cothe Charter of the United Nations or construed as autbcfrizing or encouraging any action which would dismember or impahi, totally or in part, the territorial integrity or political unity of sovreign and independent States. 2. In the exercise f the rights enunciated in the present Dec laratiori, human riglts and fundamcntal freedoms of all shall be respected. The exercsc of the rights set forth in this Declaration hail be subject only to such limitations as arc determined by law

14

AUG—31—2012 17:55 604 685 0244 P.018 08/31/2012 16:44 FAX 604 685 0244 PETER GRANT & ASSOCIATES []O19 (A48413)

arid in accorclariccwiti international human rights obligations. Any such limitations shall bc non-discriminatory and strictly necessary soldy for thc purposel of scctiring due recognition and rcspcct for the rights and frccdons of others and for meeting the just and most cotnpclhrig requircmcflts of a democratic socicrc 3. The provisions se$forth in this Declaration shall be interpreted in accordance with th principles of justice, dcrnocracy, respect for human rights, cqualirr, non-discrimination, good governance and good faith

15

AUG—31—2012 17:55 604 65 0244 97 P.019