Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 Fax

Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 fax www.ddmines.com

Glowworm Property – Record of Pre-Application Engagement

Issue(s) Raised Recommendation Proponent Response to Issue Information Written Date Party Contacted * Engagement by Affected From Affected Materials Correspondence Activity Type Party Party Provided Meeting Notes, Minutes, etc. (Y or

October Email (with None None Not Applicable Email with N/A 7, 2019 Sent To written letter as letter as Organization User Email an attachment). attachment Salt River First Nation Martselos, Frieda [email protected]; See attachment for copy of the Smith's Landing First Nation Kostka, Becky [email protected]; letter.

Smith's Landing First Nation Paulette, Cochise [email protected];

Smith's Landing First Nation Jones, Kristielyn [email protected];

Snap Lake di Pizzo, Philippe [email protected]; Environmental Monitoring Agency - SLEMA Tlicho Government George [email protected]; Mackenzie, Tlicho Government Lands Regulatory, [email protected]; Tlicho Tlicho Government Mackenzie, Grace [email protected]; Tlicho Government Zoe, Henry [email protected]; Tlicho Government Zoe, John [email protected]; Tlicho Government Richardson, Sean [email protected]; Tlicho Government Nitsiza, Ted [email protected]; Tlicho Government Nevitt, Zabey [email protected]; Tlicho Lands Huskey, Joline [email protected]; Protection Department

Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 fax www.ddmines.com

N) Tlicho Lands Steinwand, Tyanna [email protected]; Protection Department Tlicho Lands Camsell-Blondin, [email protected]; Protection Violet Department Town of Fort Smith Hood, Jim [email protected]; Town of Hay River Auge, Mike [email protected]; Wek' eezhii Guile, Aimee [email protected]; Renewable Resources Board Wek' eezhii Pellissey, Jody [email protected]; Renewable Resources Board Wek' eezhii Jennings, Randi [email protected]; Renewable Resources Board

Wek' eezhii Norrish, Shalyn [email protected]; Renewable Resources Board

Wekweeti Football, Charlie [email protected]; Community Government

West Point First Nation Ireland, Misty [email protected];

Yellowknives Dene First Betsina, Ernest [email protected]; Nation

Yellowknives Dene First Sangris, Eddie [email protected]; Nation

Yellowknives Dene First Black, Johanne [email protected]; Nation

Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 fax www.ddmines.com

WRRB: Thank you Nicholas October Email – None None Not Applicable None N/A

7, 2019 confirmation of Jody Pellissey WRRB receipt Noticed that the original letter only went to about ½ of the distribution list. Re-sent the October Email (with None None Not Applicable Email with N/A email to those who did not get it on October 7, 2019. 10, 2019 written letter as letter as

an attachment). attachment Good Morning All - See Please see the attached letter. The attached letter, sent earlier this week, only went to about attachment for ½ of the Distribution List provided by the MVLWB for whatever reason. Our apologies. copy of the letter. Please review and confirm receipt of the information. Any comments should be forwarded to Nicholas or Claudine - they are copied on this email.

Sincerely,

Sent To Organization User Email Akaitcho IMA Poole, Stephanie [email protected]; Implementation Office City of Yellowknife Alexander, Wendy [email protected]; Community Government Daniels, Clifford [email protected]; of Behchoko Community Government Gon, Ritalene [email protected]; of Behchoko Community Government Baran, Larry [email protected]; of Behchoko Community Government SAO, Gameti [email protected]; of Gameti Community Government Nitsiza, Alfonz [email protected]; of Whati

Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 fax www.ddmines.com

N) Community Government SAO, Whati [email protected]; of Whati Dene Nation Pangowish, [email protected]; Deninu K'ue First Nation Balsillie, Louis [email protected]; Deninu K'ue First Nation Bjornson, Rosy [email protected]; Deninu K'ue First Nation Simon, Patrick [email protected]; Det'on Cho Corporation Esmilla, Cheryl [email protected];

Fort Resolution Metis Council King, Trudy [email protected]; Forward Mining Mauchan, Jason [email protected]; Hamlet of Fort Resolution Collins, Carol [email protected]; Hamlet of Fort Resolution Baran, Larry [email protected]; Katlodeeche First Nation Fabien, Roy [email protected]; Katlodeeche First Nation Riley, Patrick [email protected];

Kitikmeot Inuit Association Clark, Geoff [email protected]; Lutsel K'e Dene First Nation Marlowe, Daryl [email protected]; - Chief or Wildlife, Lands and Environment Lutsel K'e Dene First Nation King (Ray Griffith), [email protected]; - Chief or Wildlife, Lands Lauren and Environment Lutsel K'e Dene First Nation Almond, Sonya [email protected]; - Chief or Wildlife, Lands and Environment Manitoba Denesuline Wysocki, Wayne [email protected]; New Nadina White, Dave [email protected]; Explorations Limited North Slave Metis Alliance Taylor, Joanne [email protected]; North Slave Metis Alliance Enge, Susan [email protected]; North Slave Metis Alliance Hurtubise, Jess [email protected]; North Slave Metis Alliance Lands, NSMA [email protected]; Northwest Territory Heron, Tim [email protected]; Metis Nation Salt River First Nation Holan, David [email protected];

Dominion Diamond Mines ULC 900-606 4 Street SW (403) 910-1933 Calgary, Alberta T2P 1T1 (403) 910-1934 fax www.ddmines.com

The same organizations as those contacted on October 7 and 10, 2019 (see October Email (with None None Not Applicable None N/A previous entries for the list) were contacted again. Dominion re-sent the this email 28, 2019 written letter as requesting the following: an attachment).

See Hello All, attachment for I am following up on the email below. At your earliest convenience, can you please confirm copy of the that you have received the attached letter? Please do not hesitate to reach out if you have any letter. questions.

Thank you, November Receipt of Letter from Smiths Landing First Nation (see attached). Excerpt from this Letter Erosion of Invitation to Dominion currently None N/A 8, 2019 letter is as follows: “…ability to meet and holds a permit for many meaningfully request for of the activities being

exercise our funding. proposed in this new We would like to thank you for sending an introductory package regarding your proposed Aboriginal Land Use Permit Project. Given that the Project has the potential to adversely impact SLFN, particularly with and Treaty application. More in regard to the caribou we rely on, we would like to invite you to visit our Territory for an in- Rights.” depth details on the person meeting to learn more about the Project and develop a clear process for consultation. intended new activities

We would also like to request financial capacity from Dominion Diamond Mines to undertake are included in the LUP Caribou a comprehensive review of your Project with our experts, which include traditional knowledge application. Dominion holders and western scientists. We require capacity to conduct a First Nation Independent Cumulative invites the SLFN to Technical Review (FNITR) of all projects within our Territory and lands that our members use impacts of review the application to to sustain their way of life to ensure that both the proponent and SLFN fully understand the development learn more about the potential impacts of the proposed Project on our constitutionally protected Aboriginal and in the area project and provide Treaty rights. We will provide you with a proposal within the coming weeks. comments as necessary.

Dominion does not provide funding for review of projects.

* Distribution list(s) provided by MVLWB in Ocotober 2019.

520000 540000 110°0'0"W 560000 580000 109°0'0"W 600000 N " 0 ' 0 ° 5 6

3 2 4

2 2 2

4 4 4

- - - T T T Pellat N N ± N Lake N U N A V U T 0 0 0 0 0 0 0 0

0 0 7

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N 0 N N 5 ° N 4 " 6 0

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4 5

4 - -

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5 5 6 2

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T T -

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N N N N T 5 T 5

5 N T - -

N N - N N T T N Lake T N N N 8 9 1

0 7

5 4 5 1 8 4

3 6 2 0 0 6 2 2 3

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0 8 8 0 8 0

0 2 0 9 5 0 4 4 4

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T T T T T T N N N

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N N N N N N

N N N N N N Tarpon Lake 0 0 1

5 3 4

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0 0 1 1

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5 0 0 4

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3 4 4

1 1 0 0 4

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T T T

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N N N

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6 6 9

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2 1 2

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3 4 1

4 2 3 4

2 4

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4 4 5

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N - - - -

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N N N

N N N N

N N N 0 4 ° N 1 4 3 2 " 6 6 6 6 0

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1 8 0 3 7 4 3 3 4 4 -

3 3 2 4

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2 3 4 2 3 - - 2 2 T °

5 4 5 4

4 4 4 4 5

5 5 T T 4 5 4 4

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- - - - -

- - - - 4 - - N N N

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N N N N

N N N N N

N N N N N N

4 5 6 7

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N N N Sauvage N Glowworm

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5 6

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9 9 9 9 8 9 0

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4 4 - - - 0 0 - - - -

- -

N - - -

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T T T 0 0 T T T T

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N N N N N N N

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N N 0 0 6 6 1 1 7 7 6 5 3 2 2 2 8 8 4 4 3 3 4 4 5 5 - - - - N T T T T " N N N N 0 ' 0 3 ° N 4 " 6 0 ' 0 3 °

4 ^ 6 Diavik Lac de Gras Thonokied Lake 0 0 0 0 0 0 0 0 4 4 1 1 7 7

520000 540000 110°0'0"W 560000 580000 109°0'0"W 600000

REFERENCE LEGEND Source: GeoGratius Canada 1:1,000,000 base mapping, NWT Geomatics Centre DOMINION DIAMOND MINES ULC Mineral Leases

Projection: NAD83 UTM Zone 12 Additional Mineral Claims Created: LB 0 5 10 Ekati Claim Block Reviewed: AGL FIGURE 1: GLOWWORM LAKE PROPERTY Date: 07/10/2019 Kilometers Smith’s Landing First Nation P.O. Box 1470, Fort Smith, NT X0E 0P0 Phone: (867) 872-4950  Fax: (867) 872-5154

November 11, 2019 Claudine Lee Nicholas Ballantyne Head of Environment Senior Advisor, Communities| Dominion Dominion Diamone Mines Diamond Mines ULC 900, 606 4 Street SW 900 – 4920 52 Street, Calgary, AB T2P 1T1 Yellowknife, NT X1A 3T1

Sent to: [email protected] Sent to: [email protected]

Dear Ms. Lee & Mr. Ballantyne: Re: Dominion Diamond Mines New Land Use Permit Application for “Glowworm Lake Property”, NWT/NU Border

We write in response to your letter dated October 7, 2019 regarding Dominion Diamond Mines’ proposed new Land Use Permit for the “Glowworm Lake Property”, near the NWT/NU Border (the Project). Smith’s Landing First Nation (SLFN) has concerns about the potential adverse, direct, indirect and cumulative impacts and effects of the Project on our rights and interests. SLFN entered into Treaty 8 in 1899 and our Territory expands from northern Alberta, northern Saskatchewan, northern Manitoba and the NWT. We have 10 reserves located across Northeastern Alberta and Wood Buffalo National Park (WBNP). Although the reserves were selected south of the 60th parallel, they were strategically chosen to maintain access and connection to traditional trails which provide SLFN citizens access to the seasonal migration of barren land caribou which hold significant cultural and spiritual importance to our people. In fact, our people have been known as the Caribou-Eaters. Since time immemorial, our people have relied on these lands which extend far beyond Treaty 8, into sovereign lands where the Project is located (map attached). We are already experiencing significant changes in our Territory due to cumulative effects from industrial development, climate change, forest fires, and shifting water regimes due to dams, to name a few. These cumulative changes have impacted the seasonal path of the caribou forcing them to migrate to alternative areas. These changes are an encroachment and infringement to our Aboriginal and Treaty rights, as protected under Section 35 of the Constitution Act 1982, which includes the inherent right to hunt, trap, fish, practice Dëné Ch'anıe, and the right to environmental conservation and sustainability1. SLFN citizens traditional use and occupancy of our Territory has changed due to the taking up of land from various

1 Lalji, A. F. and K. A. Bear Robe. 2014. Dishonour, Distrust and Dissension: A Critique of Alberta’s Consultation Regime in the Context of the Numbered Treaties and Common Law Consultation. Miller Thomson LLP. Vancouver, B.C.

Page 1 of 3 development projects. We are currently being pushed further north, away from historic trails, to continue our way of life and follow the caribou as they retain cultural importance to our people. SLFN is experiencing “death by a 1000 cuts” with the incremental effects of industrial development within our Territory and without a complete understanding about the proposed Project we cannot assess how it may further impact into our ability live off the land as our ancestors have done for generations. SLFN requires a healthy and reliable environment to sustain our way of life; otherwise we risk losing cultural and spiritual practices intrinsically connected with the lands and waters within our Territory leaving our younger generations with an uncertain future. We believe that this Project may further erode our ability to meaningfully exercise our Aboriginal and Treaty Rights. We would like to thank you for sending an introductory package regarding your proposed Project. Given that the Project has the potential to adversely impact SLFN, particularly with regard to the caribou we rely on, we would like to invite you to visit our Territory for an in-person meeting to learn more about the Project and develop a clear process for consultation. We would also like to request financial capacity from Dominion Diamond Mines to undertake a comprehensive review of your Project with our experts, which include traditional knowledge holders and western scientists. We require capacity to conduct a First Nation Independent Technical Review (FNITR) of all projects within our Territory and lands that our members use to sustain their way of life to ensure that both the proponent and SLFN fully understand the potential impacts of the proposed Project on our constitutionally protected Aboriginal and Treaty rights. We will provide you with a proposal within the coming weeks. We look forward to scheduling a meeting and discussing our requirements for a FNITR. Should you have any questions regarding our concerns, please contact Becky Kostka at (867) 872-5656 or [email protected]. Sincerely,

Acting Chief Thaidene Paulette Smith’s Landing First Nation CC: Smith’s Landing First Nation Council Frank Lepine, CEO, SLFN Becky Kostka, Lands & Resources Manager, SLFN Megan McConnell, Rana Law

We, the Tthebatthı Dënésułıné, have been sovereign since time immemorial. Together, we will continue our journey in harmony with the environment to sustain a healthy and self-sufficient lifestyle for future generations. To honour our Creator and ancestors, we will protect and nurture the integrity of our Dëné Ch'anı.

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