1.2 Standard Regulatory Process

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

An environmental assessment (EA) within a regulatory review process has become the central tool for regulators and Crown decision makers to predict outcomes resulting from a natural resource development approval. Since 1969 when the first requirements for an assessment appeared in the U.S. National Environmental Policy Act, and in 1973 in Canada as a Cabinet policy as the Environmental Assessment and Review Process Guidelines (Benedickson 2009), most developed countries have now adopted EA laws to guide the review of potential industrial activity (Haddock 2010). This holds true for Canada as all regulators, including federal, territorial and provincial, use the EA process when considering the approval of large- scale natural resource projects (Benedickson 2009).

EAs involve the prediction of potential effects resulting from a proposed project on various components of the environment before they occur (Canadian Environmental Assessment Agency 2011). The definition of ‘environment’ includes natural or biophysical, social and economic components (Benedickson 2009). The definition of ‘effect’ varies slightly between jurisdictions, but generally can be described as a measurable change to a component of the environment.

Employing a defensible methodology to gather, document and analyze information within the EA process is essential, as the manner in which information is treated can greatly influence the outcome of the inquiry. Both the public and Aboriginal groups have expectations that the EA process must proceed without a predetermined outcome. As the EA process involves the consideration of competing interests, the appearance of bias or distortion of results can greatly affect confidence of the validity of the results.

In order to provide a high level of public confidence in the conduct of an EA, studies that collect information about potential negative and positive effects for the assessment must adhere to fundamental research principles, such as transparency, accountability and scientific rigour. This helps to ensure the outcomes and resulting decisions made by the regulator and/or the Crown are supportable (Haddock 2010). For example, supporting documentation and raw data should be available for review and examination by interested parties to the assessment process (Bedder 1993). Professional qualifications (outlining education and experience) of those conducting studies should also be available for review and examination. Also, conflict of interest should be minimized as much as possible for the authors of each study.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Basic research design and conduct, more commonly referred to as “methodology” is meant to ensure data collection integrity from three important aspects: credibility, dependability and confirmability (Bryman et. al. 2009). Credibility speaks to the study investigator’s bias; in other words, did the study’s author allow their personal bias to change the nature or conduct of the study? Dependability speaks to the consistency of the findings; will the results be consistent over time, assuming there are no changes in study variables? Finally, confirmability speaks to the replicability of the study; given the same circumstances, will the same results be reached by another investigator? If basic scientific or investigative techniques are not followed to ensure compliance with these three elements, review and scrutiny of the study methodology will likely result in minimization or dismissal of results.

The methodology used to predict potential effects in the natural or biophysical components of the environment is relatively well understood, as these quantitative studies have a 25 year history in Canada (Nikiforuk 1997).2 Methodologies used for identifying, measuring and assessing effects also rely on judgments that represent decades of experience accumulated by numerous experts. Methods to predict effects on the components of the environment relating to assessing potential impacts on traditional land use and/or the exercise of Treaty and Aboriginal rights are relatively new.

For example, under the Canadian Environmental Assessment Act (CEAA, 2012), for Aboriginal peoples, the definition of “environmental effect” includes:

an effect occurring in Canada of any change that may be caused to the environment on (i) health and socio-economic conditions, (ii) physical and cultural heritage, (iii) the current use of lands and resources for traditional purposes, or (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance3.

The collection of the above types of information now required by regulatory regimes can be facilitated by a land and resource use study, commonly referred to as a Traditional Land Use (TLU) Study. The conduct of properly executed TLUS Study which employs rigorous methodologies comparable to those used to assess biophysical components of the environment will assist in satisfying these regulatory requirements.

2 The first major EA was the Mackenzie Valley Pipeline in 1974, tasked with identifying the social, economic and environmental effects of the Arctic Gas Pipeline. 3 (CEAA, 2012 Section 5(1)(c).

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

1.3 Traditional Land Use Studies (TLUS)

Traditional Land Use Studies (TLUS) (sometimes called “Land Use and Occupancy Study”, “Traditional Knowledge Study”, “Traditional Use Study” or “Aboriginal Traditional Knowledge Study”) which employ the documentation of oral information from Aboriginal people, have become accepted for use in determining the scope and nature of Aboriginal rights since the Supreme Court of Canada decision of Delgamuukw v. British Columbia (“Delgamuukw”) in 1997 (Thom 2001).

TLUS may be conducted on a project-specific basis, or by way of a longer-term comprehensive study. Both are used to collect and document land use information; the former within a project-specific area, and the latter, throughout an Aboriginal group’s traditional territory. TLUS both collect and document Aboriginal use and knowledge relating to how and by whom lands and resources are used and the types of rights-based practices that are exercised.

Project-specific TLUS tend to focus on the question, “what Aboriginal use exists in the area that may be potentially impacted by the project?” A project-specific Traditional Land Use study as such, collects baseline traditional use information. This baseline information can then be integrated into the EA process itself, and used in order to assist in the identification of potential adverse effects to either the current use of land and resources or the exercise of Section 35 rights for each Aboriginal group potentially affected by a Project.

1.3.1 Traditional Land Use Study Types

There are two types of TLUS: project-specific and comprehensive. Comprehensive, or use and occupancy studies, are primarily community, or Nation-driven studies meant to collect and document comprehensive land use information throughout a Nation’s traditional territory. These studies are not project-specific, and do not attempt to describe or identify potential effects from any individual project. They are useful in several applications including: documenting cumulative knowledge of a Nation on a broad scale; preserving culture and language information as part of the Nation’s heritage; for educational purposes for internal or external audiences and; raising community awareness and pride. Comprehensive TLUS are long term, in depth and extremely resource intensive; these studies are also extremely useful in establishing the trigger for Aboriginal consultation, by documenting general TLUS information unrelated to any specific project and thereby establishing the strength of a Nation’s claim to their traditional territory.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Project-specific TLUS collect and document Aboriginal knowledge in the context of single project application or project-specific regulatory process. These studies generally focus on the narrow spatial and temporal parameters dictated by the proposed project in question. Information documented through project-specific TLUS tends to focus on the question, “What Aboriginal use exists in the area that may be potentially impacted by the project?”

1.3.2 Traditional Environmental Knowledge

There are two types of information collected in the context of project-specific Traditional Land Use Study. Both types of information should be viewed together. The first type is called Traditional Environmental (or Ecological) Knowledge (TEK). TEK is a cumulative body of qualitative knowledge and beliefs, handed down through generations, primarily by oral transmission, describing the relationship of living beings (including humans) with one another and with their environment. Further, TEK is associated with Aboriginal societies with significant and historical continuity in resource use practices (Berkes 1998).

Qualitative TEK information provides the context behind land use by Aboriginal people and helps to demonstrate the meaning behind the cultural practices developed over time. TEK explains ‘how and why’ land and resource use occurs the way it does. However, it is often difficult to visually represent and use this type of qualitative information. Short of reading and analyzing narrative accounts found in TLUS interviews, it is challenging to represent TEK in a way that is readily understandable in contexts such as EAs. It is, therefore, difficult to practically use TEK in modern applications, such as EA and regulatory processes, land use planning exercises or land claims as a stand-alone body of information.

Audiences intending to use TEK for these purposes, such as government regulators, proponents or land managers, find it difficult to synthesize qualitative information. Given the qualitative nature of TEK information, it is difficult to understand the importance and relevance of such TEK information and to accurately synthesize the information when it is taken out of context from a TLU Study. TEK information is essential to understanding the nature of the rights and uses; hence, the necessity of ensuring that TEK information is gathered within the context of a TLU study.

1.3.3 Traditional Land Use Information

The second type of collected information is called Traditional Land Use (TLU) information. TLU information is the ‘where and when’ of Aboriginal land and resource use and has the potential to be more easily represented spatially on a map to create a visual depiction or ‘picture’ of land use. In his book Chief Kerry’s Moose, Terry Tobias follows Dr. Peter Usher when defining Traditional Land Use:

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Use refers to activities involving the harvest of traditional resources; things like hunting, trapping, fishing, gathering of medicinal plants and berry picking and travelling to engage in these activities. For any given community or nation, use occurs over a specific geographic area. (Tobias 2000)

TLU study information also includes habitation sites, and cultural and spiritual areas, and place names. Despite lending itself more readily to spatial depiction than TEK information, TLU information has an inherent element of ‘movement’ to it (such as animals, people, or activities like harvesting) that also makes it difficult to accurately capture and fully represent on a static, two-dimensional map. There are exceptions of course, as some aspects of TEK can be mapped, such as wildlife migration routes, calving areas, or spawning areas (Tobias 2009). However, the use of TEK information from a qualitative interview loses context as soon as it placed statically on a map. Interviews should be read together with spatial representation of map biographies. TEK are the words; TLU is the basis of the picture, and both are required in order to provide the context within which the use information can be accurately framed, understood and evaluated within an EA process.

Quite often, the exercise of two-dimensional mapping can oversimplify Aboriginal use that will obliterate any social context that created the land use patterns over time (Roth 2006). In other words, “unlike qualitative studies (which probe deeply and capture subtleties of meaning using the recorded word) map surveys cannot capture the richness of meaning. They can only scratch the surface” (Tobias 2009).

1.3.4 Traditional Land Use Study Methodology

The conduct of a TLU study must adhere to basic scientific research principles, for obvious reasons, as “science is a necessary ally when trying to convince others that information is credible” (Tobias 2009). Others have cautioned against the practice of not using defendable methodologies in the documentation of traditional use information; Peter Usher states “there is a risk that any knowledge, taken out of context in which it was generated can be misinterpreted or even deliberately misused” (2000).

The importance of accurately preparing traditional or Aboriginal use and/or oral information for use in regulatory and/or court proceedings cannot be overemphasized. Information (both qualitative and site specific) on traditional land and resource use is required for the Proponent to satisfy regulatory requirements, such as those under the CEA Act 1992. Land use information is also necessary in order to assist in the identification of potential adverse effects in accordance with relevant case law on consultation and, where required, accommodation.

In the context of a regulatory process, information on use and rights must be gathered in a credible and intelligible way. This can be accomplished by conducting a TLUS using standardized methodology. Without this, there is no synthesis of relevant use information that

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013 is readily accessible to a Proponent or Regulator required for the next stage, of identifying adverse project effects. Further, without capacity funding to support the collection of such use information, most Aboriginal groups do not have the ability to gather and synthesize the information in a methodologically defensible way, so that it could then be relied upon to result in an accurate assessment of potential impacts to use and rights by the responsible regulatory authority. The use information required for a TLUS resides with the individual harvesters, not in a readily accessible form with the Aboriginal group, and needs to be gathered in accordance with appropriate methodologies and tailored to the particular project area at issue.

Furthermore, as stated, confidence in the accuracy of all traditional use information collected is paramount. Aboriginal groups who are asked to provide traditional use information also need to be provided with the necessary assurances that the traditional use information will be gathered in a non-intrusive and culturally appropriate way. In this respect, avoidance of conflict of interest by the proponent in conducting such studies is paramount. For example, ad hoc meetings lead by the proponent do not provide Aboriginal groups with the required level of trust and confidence that the information they give will be fairly and accurately reflected within regulatory proceedings, nor do they address requirements of free, prior and informed consent for meeting participants. Addressing these concerns is vital in ensuring that appropriate and ethical methodologies are used to collect TEK and TLU information in the TLUS process.

Finally, the integrity of use evidence that is collected is often of importance in the context of judicial reviews, wherein the courts rely upon the facts identified at the information-gathering phase; and, as such, methodologies used to collect TEK and TLU information must hold up to scrutiny and examination by all parties, currently and in the future. For example, at the EA stage, parties have the opportunity to gather and sift through the facts, compiling a record for the benefit of a potential reviewing court, saving time and expense later.

1.3.5 Traditional Land Use Information and Environmental Assessment

EAs conducted for large scale projects require a proponent to gather the necessary biophysical or natural, social and economic baseline information in order to identify any potential changes or effects (both positive and negative) a project may have on valued components of the environment selected for study. The process for accurately describing and evaluating the size and scope of effects to biophysical, social and economic components within EAs is a relatively standard professional exercise undertaken by practitioners of various scientific disciplines.

The approach taken by biophysical scientists and other professionals in the conduct of EAs for the determination of effects is built on two primary concepts. The first concept is that project effects can be measured using standards or thresholds set either by international, national or

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

provincial guidelines for the conditions necessary for the viability of various biological and physical systems. The second concept is that once the size and scope of a project-induced change has been determined, the significance or acceptability of that change can also be evaluated. Usually, the effect is categorized as either “significant” or “not significant” by the assessment professional based on pre-assigned criteria. Professional judgement is also used in the determination of significance.

Although environmental assessment methodology is theoretically capable of identifying changes to any valued component selected for study, including matters of importance to Aboriginal groups, the method for identifying effects and the significance of those effects to the exercise of Treaty and Aboriginal rights including culture are in dispute. Standards or thresholds for the conditions necessary for the continued exercise of Treaty or Aboriginal rights including culture have not been set by any political jurisdiction in Canada. Therefore, project changes or effects cannot be measured against any identifiable criteria to know if that effect will limit or even eradicate the continued exercise of the Aboriginal right. In addition, the relevant sections of environmental assessments describing effects to Aboriginal groups are usually a description of the consultation process undertaken with that Aboriginal group by the Proponent.

Project-specific TLUS can be the mechanism to tell an Aboriginal Nation’s ‘story’ to a regulatory authority of how land use has occurred or is occurring in relation to a potential project under consideration. The study can also create a forum for the expression of their opinions about the potential effects on intended use of the project area in question for the purposes of exercising Treaty or Aboriginal rights, including culture. However, a project- specific TLUS, by design, does not attempt to identify (either qualitatively or quantitatively) project effects on traditional land use, as defined by environmental assessment methodology. This would necessitate a separate assessment process using standardized environmental assessment methodology used for all other valued components.

Ideally, identifying potential effects to traditional or Aboriginal uses of the land within the project area requires participation of Aboriginal people at several points throughout the EA process (Larcombe 2000). Ideally, Aboriginal people are consulted to ensure the design of biophysical and socio-economic studies include parameters which reflect their use of specific species and habitat. This would ensure that field or place-specific information is incorporated and reflected by each biophysical discipline study lead. Each discipline study ideally should reflect TEK relevant to that study. A project-specific TLU Study should also be completed using temporal and spatial parameters specific to the project in question. The integration of the project-specific TLU study findings into each biophysical discipline assessment of effects is required to help identify what potential effects may result from the project on biophysical components necessary for traditional land use. Including an assessment specifically on those biophysical, social and economic components required for the exercise of Aboriginal and Treaty rights including culture is also necessary.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Figure 1.1 TLU Information and Environmental Assessments

It is also important to note the difference between the concerns expressed by TLU study participants in the course of a broader consultation process or through the collection of qualitative information, and the potential effects eventually described by a completed EA. These two should not be confused. Too often individual members of an Aboriginal community are asked by proponents to describe what they believe are the anticipated effects of a project are on their Aboriginal or Treaty rights including culture, or current use of lands. TEK information must be incorporated and considered by scientific practitioners to achieve a meaningful assessment, and perceived effects or concerns raised by community members must be addressed by the project proponent.

Without the specific and quantitative measurements achieved by integrating TLU study information into all aspects of an EA, a TLU study on its own cannot analyze or identify how or to what extent the proposed project may adversely impact the exercise of Aboriginal and Treaty rights including culture. As stated, this inability of TLU information to achieve conclusions regarding impacts to TLU results from the lack of connection and incorporation of TLU information in the analysis stage of the EA, which is meant to identify overall effects. Without integration of TLU study information into the design and implementation of the EA and into the determination of effects, a project-specific TLU study is limited in its application after other components of the EA are complete, except to highlight information that should have been collected and used during the assessment process.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

The collection and documentation of TLU study information and the identification of potential project effects related to that information remains grossly underdeveloped. As a result, the identified (either qualitative or quantitative) adverse impacts of industrial development on the exercise of Aboriginal and Treaty rights including culture remain largely undocumented. A project-specific TLU study without integration into the broader EA can only provide, in part, the Aboriginal study participants’ individual estimation of the potential project effects (Larcombe 2000).

1.3.6 Who Should Conduct Traditional Land Use Studies?

For many years, anthropological or qualitative social science research involving Indigenous people was conducted without their consent or active participation (Castellano 2004). However, that practice is changing; social scientists now acknowledge that “documentation and communication of TEK, regardless of who does it, require the support, cooperation and involvement of the community involved” (Usher 2000). This community involvement should include not only study implementation but also study design, and also entails the clear communication of study goals and objectives to study participants. In order to ensure that use information is collected in a way which actually represents the Aboriginal perspective of the culture from which it arose, it is important to avoid bias and increase confidence (both Aboriginal and non-Aboriginal) in any study or collection of information used in an EA process. As such, it is essential that information be collected by or under the direction of researchers with expertise, using a defendable qualitative research methodology.

1.3.7 Limitations of Traditional Land Use Studies

There are several important limitations of TLU Studies that must be highlighted.

Firstly, locating and identifying specific-use sites on two-dimensional, large scale topographic maps is challenging. Some study participants have low map literacy, or for other reasons do not readily refer or relate to maps. As a result, mapped information captured during desktop TLUS has an inherent element of inaccuracy. Field visits to seek and verify specific information is ideal. However, TLUS are rarely provided the time or financial resources for robust field visits to locate and precisely identify TLU information captured during interviews. It is therefore extremely unlikely that all sites identified during desktop interviews will be field verified.

Secondly, it is also impossible to fully represent the extent of knowledge or areas of use learned over a lifetime during a standard two-hour interview format. Many traditional land users and interviewees frequently respond that they “went everywhere” within their traditional territory. By definition, a representative map of traditional use will identify ‘used’ and ‘unused’

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013 areas which may not accurately reflect the totality of a lifetime of cultural knowledge. This mapping exercise therefore cannot adequately or correctly capture all Aboriginal use over time. This limitation is especially evident when draft reports are presented at a community meeting for verification. Often, both study participants and community representatives lament that the report does not capture or represent the totality of the community’s knowledge and use.

Finally, a TLUS does not provide an in-depth analysis of reasons for any decreased and/or increased resource use over time. Reasons or explanations for changes in resource use, whether from imposition of government policy, financial restrictions, perceived health concerns or increased industrial development are difficult to illustrate spatially and to fully discover through cursory research.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

2 O’CHIESE FIRST NATION TRADITIONAL LAND USE STUDY

2.1 Study Purpose

The expressed purpose of this Study is to document O’Chiese First Nation’s resource use information in the vicinity of the Project and within the Nation’s traditional territory.

Both in Canada and internationally, there is an increasing recognition that “Aboriginal peoples have a unique knowledge about the local environment, how it functions, and its characteristic ecological relationships” (CEEA, 2013). This Aboriginal Traditional Knowledge (ATK) is an important aspect in project planning, resource management and environmental assessment (CEEA, 2013).

It is assumed that this information will then be used by the Proponent to identify adverse effects resulting from the Project to the exercise of O’Chiese First Nation Section 35 rights.

2.2 Study Area

In an EA, the various biophysical and socio-economic study disciplines (such as wildlife, air, vegetation, socio-economic, etc.) tasked with identifying potential effects to various environmental components have different study area boundaries, based on the requirements of their specific disciplines.

Typically, for each study initiated in an EA, there are a minimum of two sizes of spatial dimension considered by the study authors: a local study area (LSA) and a regional study area (RSA). Each is defined as the area that could be potentially impacted (either positively or negatively, directly or indirectly) by the effects of the proposed Project. The LSA is known as the area that may be immediately or directly affected by the Project; for example through construction activities, such as clearing. The RSA is generally understood to be the area where indirect or cumulative effects resulting from the Project may occur; for example through operations, such as emissions.

Choosing the local and regional assessment or study areas for a project-specific TLU study requires the consideration of the largest regional assessment area set by biophysical or socio- economic disciplines, as TLU information may be relevant to all other components of the EA. In other words, the spatial areas for a project-specific TLU study are normally the largest area surrounding a project that could be potentially affected by that project.

For this study, the LSA and RSA was provided by TERA Environmental Consultants (TERA); the environmental consultant chosen by the proponent for the Project. In the LSA, a 2km buffer

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013 was allotted for the Proposed Pipeline Corridor. The RSA provided by TERA reflects the maximum extent of data being gathered as part of the application.

As the LSA and RSA was provided by TERA only after the TLU interviews were already completed, the mark-up maps used for the TLU interviews (Appendix 3) do not share the same extent as the RSA. Therefore a lack of documented TLU and TEK information in areas beyond the extent of the mark-up maps used in this study should not be interpreted as a lack of O’Chiese use and/or interest in the area.

The RSA and LSA are identified in Figure 2.

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Prepared For: Prepared By:

O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. Regional Study Area USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. and ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 9, 2013 WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED K. Janssen FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Local Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 2 O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

2.3 TLUS Study Methodology

A review of the available literature on TLUS yields several methodologies for use and occupancy studies. These guidelines can best be described as applying to TLUS studies that are comprehensive in scope, rather than project-specific. Currently, there exist very few peer- reviewed methodologies for the incorporation, design and execution of project-specific TLUS studies into a regulatory review process. In a report to the Canadian Environmental Assessment Agency, Larcombe (2000) suggests attempts to incorporate TLUS studies into EA reports have not been successful to date, and Aboriginal views remain poorly integrated into EAs.

Practitioners, therefore, must combine the best practices of existing studies in the absence of project-specific guidelines. The execution of this TLUS study adapts the methodologies and best practices outlined in several documents for the conduct of comprehensive TLUS, including:

• Chief Kerry’s Moose: A Guidebook to Land Use and Occupancy Mapping. Terry Tobias. Joint Publication, Union of BC Indian Chiefs and Eco Trust, 2000. • A Guide to Conducting a Traditional Knowledge and Land Use Study. Terry Garvin, Northern Forestry Centre Staff. Northern Forestry Centre, 2001. • Best Practices Handbook for Traditional Use Studies: Ministry of Aboriginal Affairs and Northern Development, Government of Alberta, 2003. • Living Proof: The Essential Data-Collection Guide for Indigenous Use and Occupancy Map Surveys. Terry Tobias. EcoTrust Canada, Union of British Columbia Indian Chiefs, 2009.

The Study Team also used their collective experience in the conduct of both project-specific and comprehensive TLUS over the past 20 years to inform the methodology for this study.

2.3.1 Review of Existing Information

The Study Team reviewed various published and unpublished material for relevant historical and cultural information to assist them in the development and execution of this Study. A full listing of references can be found in Section 6.0 of this Report.

2.3.2 Interview Protocol

The interview protocol or categories for this report were designed by Calliou Group. The interview categories outline themes for the conduct of interviews. The semi-structured interview is deemed by the Study Team as the most appropriate method of eliciting participant information. This technique gives the interviewer control over the direction of the proceedings while obtaining an appropriate level of detail from the participant, who is free to raise points or add information as they see fit.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

A copy of the interview protocol is attached as Appendix 1.

The categories for interviews included:

• Areas where the participants have exercised, or currently exercise their Aboriginal and Treaty rights, including (but not limited to) hunting, trapping, fishing and gathering; • Specific-use or fixed cultural sites, including (but not limited to) locations of camps, cabins, graves, travel routes, etc.; • Types of animals and plants harvested, and season of harvest; and • Project related concerns.

The recall interval (the period of time for which participants provide data) for the study was set at a ‘lifetime’, which is defined as “anytime within the respondent’s life” or “within living memory” (Tobias 2009). Any land use activity recorded for this recall interval was marked in the study as “current”. Activities reported from childhood memories were recorded as “past”. Occasionally, study participants recalled activities of former generations. This data was also recorded and marked as “past”.

2.3.3 Selection of Participants Study participants were selected by the O’Chiese First Nation Community Coordinators based on several criteria, including:

• O’Chiese First Nation membership; • Knowledge and use of the Study Area; and • Availability during the Study time frame.

The O’Chiese First Nation Community Coordinators and Study Team endeavoured to select interview participants who actively use the study area for the exercise of their Treaty and Aboriginal rights. Of the thirty (30) individuals interviewed, fourteen (14) were male and sixteen (16) were female. The participants ranged in age from 49 to 90 years old. Eight (8) field participants were also selected to partake in field visits by their knowledge and use of the Project area.

2.3.4 Conduct of Interviews Thirty (30) members of O’Chiese First Nation were interviewed by the Study Team in July 2013. Interviewing occurred on: July 4, July 8-10 and July 16 – 17, 2013. The majority of interviews ranged from approximately one hour to two hours in length. Ten (10) interviews were conducted with the participants in English while twenty (20) interviews required interpretation services. To ensure integrity and accuracy of information, each interview was voice recorded. Hand written notes were also taken by the Study Team during the interviews.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

2.3.5 Field Visits

For this study, two field visits were undertaken to gather TEK and TLU information directly in the Project area. Combined, the O’Chiese First Nation Study Team (consisting of field participants from O’Chiese First Nation and from Calliou Group) visited a total of 10 sites (Site A-J) identified in Section 5 - Field Observations. Representatives from TERA Environmental were also in attendance for portions of the field visits.

On July 4, 2013, the O’Chiese First Nation Study Team met with TERA’s TEK facilitator to join TERA’s archeology crew and visit sites on the existing RoW near Edson. During this field visit, two (2) sites (A-B) were visited. The O’Chiese First Nation Study Team included:

Field Visit 1

O’Chiese First Nation Study Team

• Andrew Scott (O’Chiese First Consultation Coordinator) • Jason Skidmore (O’Chiese First Nation Consultant) • Harry Desjalais (O’Chiese First Nation Monitor) • Dan (Junior) Daychief (O’Chiese First Nation Monitor) • Carrie Conacher (O’Chiese First Nation Consultant, Calliou Group) • Kathrin Janssen (O’Chiese First Nation Consultant, Calliou Group)

As requested by O’Chiese First Nation, TEK and TLU information was collected independently from TERA Environmental. This also occurred on the second field visit between August 12-15 2013, in which O’Chiese First Nation members met with TERA’s TEK facilitator to locate and collect information independently on the RoW from a vegetation study. Eight (8) sites (C-J) were visited in the Hinton area.

Field Visit 2

O’Chiese First Nation FIRST NATION Study Team

• Roy Beaverbones (O’Chiese First Nation Elder) • Jack Chipaway (O’Chiese First Nation Elder) • Danny Daychief (O’Chiese First Nation Elder) • Jeffrey Daychief (O’Chiese First Nation Monitor) • Jimmy Littlejohn (O’Chiese First Nation Elder) • Charlie Whitford (O’Chiese First Nation Elder) • Les Yellowface (O’Chiese First Nation Monitor) • Jessica Daniels (O’Chiese First Nation Consultant, Calliou Group) • Kathrin Janssen (O’Chiese First Nation Consultant, Calliou Group)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

During these field visits, O’Chiese First Nation members shared their knowledge in regards to:

• Wildlife and wildlife habitat • Fish and fish habitat • Plants and plant habitat (incl. medicinal plants) • Traditional Land Use • Project Concerns

The Study Team took field notes of the observations shared by the O’Chiese First Nation members. Photos were taken to capture observations and document any features of interest to O’Chiese First Nation. The O’Chiese First Nation Study Team also took GPS points of interest and recorded the route that O’Chiese First Nation members walked. Field observations and field issues and concerns are identified in Section 5. Project concerns that were identified during these field visits were incorporated into Section 6.

2.3.6 Informed Consent Interview participants and field participants were asked to sign consent forms which explained the purpose of the study and requested permission to use the knowledge shared during the interviews and field visits in this study report. The consent form also outlined that the information shared during the interview is considered the intellectual property of O’Chiese First Nation. The consent form used is attached as Appendix 2. Permission was also requested from participants to allow for voice recordings, and, where permission was obtained, recordings were taken.

2.3.7 Maps A composite base map was created by the Study Team for use during the survey to record sites and areas identified by the interviewee. The mark-up maps encompassed the O’Chiese First Nation’s Traditional Territory, the O’Chiese First Nation I.R 203 and included the Project Right-of-Way. A colour mark-up map at a scale of 1:3,570,272 was used during the survey. In addition a set of NTS mapsheets (83F, 83G, 83H) at the scale of 1:250,000 was used when necessary.

During the survey, information that could be represented spatially was captured on the base map. Study Team members physically controlled documentation of mapped information, primarily for consistency. Mapped information was confirmed with interview participants during the interview, as each site or area is recorded. Fixed sites and areas are given a feature number at the time they are recorded, which corresponds to the notes taken throughout the Study.

The Study Team’s experience is that the use of polygons is best suited to represent an Aboriginal harvester’s life experiences related to land use and occupancy. Many participants have answered the question, “Where do you hunt?” with “Everywhere!” Polygons, although not exact, afford the Study participants a way to represent a lifetime of experience in a single,

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013 two hour interview format. Unless field verified, polygons also allow for the representation of movement over large territories used for harvesting. The use areas identified on the maps contained within this report should be considered approximate as field verification was not completed as part of this Study.

2.3.8 Map Digitization

Map digitization for this Survey was conducted using ArcGIS 10, ArcMap Version 10.1 (developed by ESRI, 2009) Geographic Information System (GIS) software. In preparation for digitization, two digital shapefiles were created and associated attribute tables were developed. All map digitization was entered into these files. The files created included:

• A polyline file to document linear features (travel routes and migration routes etc.); and • A polygon file to document use areas and had ecological

The polygon and polyline files contained an associated attribute table which was used to document information specific to each mapped site. The fields contained in each file were:

• Feature ID (generated by GIS software); • Shape (generated by GIS software); • ID (an arbitrary number assigned in order of site digitization); • Date_ (the interview date and project name); • Site_Number (the site number assigned on the original mark-up map); • Lead (Study Team); • Use_Type (past, current or future use type); • Species; • Season; • Info (a brief site description including location description); • Participant; • Activity (Type of Site); and • Label (a specific mapping label);

The mark-up map taken during the interview and mapping notes were entered into the GIS database. The notes were transcribed in a sequential manner, and were supplemented by voice recording, where necessary. Also, notes included the numbers assigned to sites on the map next to the applicable site description. The mark-up map was labelled and corresponded to the interview notes.

Areas and linear features were digitized into the above mentioned shapefiles using the Editor tools in ArcGIS and the digital versions of the base map which was printed for mark-up maps. If an area or feature was further described in the interview notes, this was also incorporated

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013 into the maps. For example, if a shape was along a road and the participant indicated they hunted deer around the road, the polygon was adjusted to conform to the description. Additionally, if a participant indicated an activity at a location not correctly represented on the mark-up maps, the boundaries were corrected to the actual location via the description in the text.

Once digitization of the mark-up maps was completed, the information was represented using the symbology available within ArcGIS 10, ArcMap Version 10.1 and was labelled using the Label field from the attribute table.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

2.3.9 Community Verification Process

A draft report was reviewed by the O’Chiese First Nation community coordinators prior to the submission of the final report to O’Chiese First Nation. This was done to ensure the information contained within the report was accurate and respected any confidentiality concerns.

A community meeting was held on September 10th, 2013 at 10 a.m. at the O’Chiese First Nation Community Centre in Rocky Mountain House. The purpose of this meeting was to present the findings of the Study and to provide O’Chiese First Nation study participants and members an opportunity to verify the information from the study. This meeting also provided the opportunity for O’Chiese First Nation members to review the maps and voice any possible changes to the draft report prior to the submission of the final report to the O’Chiese First Nation.

2.4 Limitations of this Study

In addition to the broad limitations described for the use of TLUS generally in Section 1.3.7, several specific limitations apply to this Project.

Field visits for verification of desktop interview information were not conducted for all identified sites due to time and budget constraints.

Although 30 knowledgeable O’Chiese First Nation harvesters and knowledge holders were identified and interviewed for this Project, the information contained within cannot be assumed to be a complete record of the past, current and future resource use (including exercise of Aboriginal and Treaty rights) by O’Chiese First Nation members. A limited interview format necessary for a project-specific study (e.g. two hour interview) does not adequately capture a participants’ full lifetime of knowledge. In order to accomplish this, a much larger study would need to be undertaken including more comprehensive interviews, in terms of the number of interviewees, the topics addressed, and the geographic area covered in the interview process.

In addition, 20 O’Chiese First Nation members required interpretation services. It should be noted that the English language cannot fully and completely capture the expression of Aboriginal participants in their own language. Words or expressions may not readily transfer to an understanding in the English language as the participant intended. In addition, meaning can be inevitably lost or diluted when adding a third party (i.e. interpreter) to the dialogue.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

3 O’Chiese First Nation

3.1 Introduction

This section commences with a general description of the O’Chiese First Nation, the concept of traditional territory and the development of Treaty #6. Following this, the section will include a summary of information available regarding the traditional territory of the Nation; and subsequently the historical and contemporary connection of O’Chiese people to these areas.

3.2 The Nation

O’Chiese First Nation is comprised of people from Saulteaux ancestry and is represented by a Chief and six (6) councillors. As of July 2013, the population of O’Chiese First Nation was 1,229 people (AADNC website 2013). Saulteaux is the primary language exercised by O’Chiese First Nation, spoken by approximately 70% of the population. However, most nation members can understand English (O’Chiese First Nation website, accessed Aug. 2013).

O’Chiese First Nation has two (2) reserves: O’Chiese First Nation I.R. 203 which is located about 48 kilometres northwest of Rocky Mountain House (west of the North Saskatchewan River) and O’Chiese First Nation Cemetery I.R. 203A which is about 20 kilometres southwest of Rocky Mountain House (O’Chiese First Nation website, accessed Jan. 2013). O’Chiese First Nation I.R. 203 encompasses 14131.9 hectares of land and O’Chiese First Nation I.R. 203A includes 0.10 hectares of land (AADNC website 2013). Members from O’Chiese First Nation also reside in communities in the vicinity of the Project, such as Hinton and Edson. O’Chiese First Nation members residing on the reserve both have value for and maintain connection to areas located further north, including those around Jasper, Hinton and Edson (Harry Desjalais, pers. comm. 2013).

The traditional territory of O’Chiese First Nation covers an extensive area equal to one third of Alberta (Les Yellowface, pers. comm. 2013). The Project overlaps with the northern portion of O’Chiese First Nation traditional territory; which holds important significance for the exercise of Aboriginal and Treaty rights as well as the history, culture and identity of O’Chiese First Nation. An examination of the concept ‘traditional territory’, the proceeding of Treaty 6 and how these relate to the history of O’Chiese First Nation provides an insight into the historical and contemporary connection of O’Chiese people to geographical areas which overlap with the Project.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

3.3 Traditional Territory

The concept of ‘traditional territory’ or ‘traditional lands’ has a long history in the written record; it is reflected both in written historical documents and in Canadian law. In the Royal Proclamation issued by King George III in 1763, the British Crown recognized Indians had “hunting grounds” over which they had a right to use, akin to ownership, until such time as the Crown could secure ownership themselves in right of the Crown through treaty making. The Proclamation is the basis of our understanding of the legal nature of Aboriginal title, and the historical root of the Treaty process. The Proclamation states the following:

...the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.

The historic Treaty making process sought to transform Aboriginal occupation of land (effectively Aboriginal title) into ceded Crown territory. This process was initiated soon after the release of the Proclamation. Headmen or Chiefs representing their respective memberships were asked to sign on their behalf in solemn ceremonies with Crown representatives.

However, it is important to note that in the historic Treaty making process culminating in a dozen signed treaties at the turn of the last century, Crown representatives did not require those Aboriginal leaders signing on behalf of their membership to identify and declare their exclusive use areas within the boundaries of the Treaty. Communal use of the “territory” used for the “usual vocation of hunting” by all signatories was outlined in the text of the majority of the numbered historic treaties, including Treaties 1 through 11. The Treaty area identified was for the use in common by all signatories to that Treaty.

Not all of Canada was covered in the Treaty making process; large portions of British Columbia, Quebec and the northern territories, including the Yukon, remained without a Treaty process until the Government of Canada initiated the modern day land claims process in 1975.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

3.3 Treaty 6

In August 1876, Lieutenant Governor Alexander Morris and several other Commissioners for the Federal Crown were tasked with initiating Treaty #6 in the Northwest Territories (what is now known as Saskatchewan and Alberta). Since his appointment as Lieutenant Governor in 1872, Morris had made repeated requests to the Government to make a Treaty in this area, without success. The Government of Canada continued with the practice of only initiating Treaty making when the situation with Aboriginal people in that area become problematic or when the territory was needed for settlement or other purposes (Taylor 1985). Finally, after years of requests by both Aboriginal people and other government officials, Morris, the other Commissioners and a full detail of nearly one hundred Northwest Mounted Police met nearly two thousand Cree people at Fort Carlton.

Both the main text of the Treaty, as well as the map outlining the boundaries where the Treaty would apply was brought out by Morris from Ottawa. However, very little instruction was provided to Morris for successfully concluding negotiations. As a result, in order to successfully conclude negotiations, several additions in the form of handwritten notes in margins of the prepared text were included in the final Treaty. Both Crown and Aboriginal translators provided first-hand written accounts of what happened during those talks. These accounts, in combination with the written text, provide a basis for interpretation of the promises within Treaty# 6.

Treaty 6

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

The most relevant promise made in the context of Treaty #6 for this Study, relates to the continuation of traditional activities, including hunting and fishing outside of the reserve boundaries. Morris had "ascertained that the Indian mind was oppressed with vague fears" regarding the prospect of the Crown curtailing harvesting activities within their traditional territory. As he understood the situation, they had been led to believe that they would have to live entirely on their reserves and abandon hunting (Taylor 1985). Morris assured the assembled Aboriginal people that this was not the case, and that traditional activities would continue on into the future.

I want you to think of my words, I want to tell you that what we talk about is very important. What I trust and hope we will do is not for to-day and to-morrow only; what I will promise, and what I believe and hope you will take, is to last as long as that sun shines and yonder river flows...What I have offered does not take away your living, you will have it then as you have now, and what I offer now is put on top of it. (Morris in Taylor 1985)

There may have been the realization amongst the Aboriginal peoples that with the advancement of settlement, life as they knew it was going to change. However, it is believed by some that if it had been stated by the Commissioners that traditional activities would be severely curtailed, Treaty #6 would not have been successfully concluded (Opekokew in Taylor 1985).

The road to concluding modern day treaties has been fraught with fundamental disputes between those holding Aboriginal title (Aboriginal groups) and the Crown. Differing concepts relating to how Aboriginal title should and should not be dealt with have been the subject of many Supreme Court decisions since the early 1970s. In the 1997 Supreme Court decision of Delgamuukw, the court determined that in order to prove an Aboriginal title, such claims to title had to show exclusive occupation of the territory by a defined Aboriginal society as of the time the British Crown asserted sovereignty over that territory. In the same case, the Court ruled that the oral histories of the Aboriginal peoples were to be accepted as evidence proving historic use and occupation.

The modern definition of ‘territory’ according to the Merriam-Webster Dictionary is “a geographic area belonging to or under the jurisdiction of a government authority” (Merriam- Webster 2011). This definition also confers the idea of exclusivity to a single government authority and works well with the constructs of the modern-day nation-state; however it is interesting to note that the concept of exclusivity was not found in the historic treaties, and one could argue that ‘ownership’ or exclusive rights to land is not inherent in the Aboriginal worldview (Canada National Archives 2011).

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

3.4 O’Chiese First Nation Traditional Territory

The traditional territory of O’Chiese First Nation spans an extensive area in Alberta. O’Chiese members generally followed two different migration routes to arrive in the area. Originating near the North Shore of Lake Superior in Ontario, the Saulteaux people began to migrate west in the early 1800s to trap beaver for the North West Company (McMillan 1988 in Walji, 1996; O’Chiese First Nation website, accessed Aug. 2013). Some people settled in the areas of Manitoba and Saskatchewan; others settled in the foothills (east) of the Rocky Mountains as they were driven farther west by European settlers (O’Chiese First Nation website, accessed Aug. 2013; Rocky Mountain Archives, g). As well, some families came from Montana, and followed the mountains to Cardson and Waterton where they settled for a few winters before migrating to the Rocky Mountain House area (Les Yellowface, pers. comm. 2013). Henry Stelfox reports that the family of Chief John O’Chiese arrived from Wisconsin and Lake Michigan before migrating to Canada around 1600 (Rocky Museum Archives, b.). During interviews for this study, participants reported that some families migrated from regions such as Saskatchewan (Mary Wahpequenape), Manitou Lake (Josephine Bremner, Luella Strawberry) and Pigeon Lake (Rocky Mountain Archives). Indeed, the history of O’Chiese First Nation states that people arrived from a variety of areas (O’Chiese First Nation website, accessed Aug. 2013).

In 1897, forty (40) families arrived at Rocky Mountain Fort (Walji, 1996). Historically, people have inhabited different areas around the Rocky Mountain House district; including the Baptiste, Nordegg, Medicine Lake and Foothills areas, as well as in the north western portion of Alberta (e.g Hinton, Edson). O’Chiese First Nation people have extensively utilized these areas, both historically and contemporarily for traditional use activities such as trapping, hunting, gathering medicinal plants and berries, as well as for seasonal camp sites and camping. This is illustrated by Les Yellowface (pers. comm. 2013):

“A long time ago there was no protocol. We weren’t always in one area. We used to move with the four seasons for different reasons. In the summer, we used to scatter; and people had their own territories for their own purposes…for their own hunting, for their own berry picking, medicine herb picking. All the stuff that our people used to do to be able to survive for the winter... [we] used to stock up in the summer months…then go back to the winter camps”

A glimpse into the history of O’Chiese First Nation people and the influence of past leadership predating the Treaty agreement illustrates the extensive migratory patterns of the people of O’Chiese First Nation; leading to an understanding of current use and habitation in O’Chiese First Nation traditional territory.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

3.4.1 Chief Jim O’Chiese Known as “the Old Blind Chief”, Chief Jim O’Chiese was a significant figure in the history of O’Chiese First Nation. Versed in medicinal plant use and application, Chief Jim O’Chiese was also significant in preventing Aboriginal people in the prairie and foothills areas from joining the Riel Rebellion (Rocky Museum Archives, f. and Rocky Museum Archives, e). Chief Jim O’Chiese led a winter campsite in the Nordegg valley, where log cabins existed and people participated in a wide range of activities, including; ceremonies, hunting (big game such as moose, deer, elk, bear), trapping, and making hides (Rocky Museum Archives, a). People had settled in this area after being pushed off desirable farming areas by white settlers when the land was homesteaded or sold (Rocky Museum Archives, c.). Along with the members of his band, the group trapped and hunted in the areas of the Nordegg, Baptiste, Brazeau and Pembina Rivers. In the summer months, O’Chiese people migrated towards Saskatchewan, the foothills, and as far south as Montana. Chief Jim O’Chiese died in 1931 and is buried in the Nordegg river valley (Rocky Museum Archives, f.)

3.4.2 Chief Yellowface Chief Yellowface led a winter village at Baptiste River 12 miles south of his uncle, Chief Jim O’Chiese. Subsequent to the death of Chief Jim O’Chiese, Chief Yellowface took over the leadership of his uncle’s non-Treaty band (Rocky Museum Archives, c). After learning from his uncle, Chief Yellowface utilized his skills in medicinal plants and resided around the Medicine Lake area in the summer months with his band. Hunting was best in the fall, and many people spent time away from the summer camp hunting moose, dear and bear. In the winter, the group relocated to the Baptiste River (on the west side of North Saskatchewan River). In spring, many people travelled to Montana and Saskatchewan. Chief Yellowface died in 1936 at Prairie Creek while his son (Jim) was buried at Medicine Lake (Rocky Museum Archives, a). Medicine Lake is and has been a key area for O’Chiese First Nation. This area holds spiritual, ceremonial, subsistence and medicinal meaning to the Nation. Many Elders that are alive today remember living around Medicine Lake and say that this area is and was their home. The O’Chiese First Nation community hunted, trapped and survived in this area for many years.

3.4.3 Chief John O’Chiese During the summer of 1935, John O’Chiese (son of Chief Jim O’Chiese) migrated by horse and wagon with 20 other non-Treaty families (Rocky Museum Archives, b. and e). Some, who broke away from his band, decided to remain in areas of the Nordegg and Brazeau rivers or Leedale (35 miles northeast of Rocky Mountain House) (Rocky Museum Archives f and e). Within the span of 24 years, the group migrated extensively in the northern portion of the province before moving south and settling in the foothills.

Departing from the Nordegg village area, the group first travelled north to Edmonton, then on to Marlboro, further north to Hay River, Smoky River; then on to Whitecourt, Mayerthorpe, Greencourt, Blue Ridge, and Sangudo and Edson. Ten years later, the group moved in a southerly direction from Edson to Mackay, west to Wolf Creek, south west to Marlboro, than 30 miles south to the foothills (Rocky Museum Archives b, e and f). Relatives of John O’Chiese

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

died and were buried in various places during this time; his mother died at Marlboro in 1937, his sister died near Edson in 1955 and his aunt at Prairie Creek in 1946. John O’Chiese died in 1951 at the foothills (Rocky Museum Archives, e). Some participants of this study remember living in the foothills as children before the Treaty was signed (e.g. Elizabeth Strawberry, Sarah Daychief, Linda Strawberry).

3.5 O’Chiese First Nation and Treaty 6

Prior to the migration of Chief John O’Chiese and the twenty (20) non-Treaty families, land was set aside for reserve #203. Chief John O’Chiese had declined to accept the terms of Treaty 6; refusing to leave land where his people hunted and trapped:

“Chief John O’Chiese steadfastly refused to ask for or accept Treaty help from the Canadian government. He contended that he and his people had never relinquished, sold or bartered their right to that part of Alberta which they had occupied for so many generations” (Rocky Museum Archives, b).

Peter O’Chiese, son of Chief John O’Chiese, later led the non-Treaty band as Chief and Counsellor. Younger members in the group (who were descendants of the bands which resided in the Baptiste and Nordegg areas, and did not follow Chief John O’Chiese) later decided to sign Treaty (Walji, 1996, Rocky Museum Archives, e). On May 12th, 1950 the O’Chiese Band was formed when fifteen (15) families signed adhesions to Treaty #6. The adhesion specified that the Chiefs and Headmen signed “...in consideration of the provisions of the said Treaty being extended to us and the Indians whom we represent...” (Adhesion to Treaty 6 1950). Following the formation of the band, the population residing at Medicine Lake moved to the established reserve O’Chiese First Nation I.R. 203. This group was one of the last to sign Treaty and now reside on the reserve in the vicinity of Rocky Mountain House, Alberta (O’Chiese First Nation Website, accessed Jan. 2013). Some who did not sign Treaty remained in the foothills:“…70 miles north of the Treaty Indians who made homes in north part of reservation at Nordegg river” (Rocky Museum Archives, g).

To this day, O’Chiese First Nation maintains the exercise of their Aboriginal and Treaty rights throughout a variety of areas. For example, in the Medicine Lake area, O’Chiese people hold a strong connection to this former settlement site. O’Chiese people also utilize many areas throughout the traditional territory of O’Chiese First Nation for a variety of traditional uses. Some of these areas and traditional uses are identified in the following Section (4), Selected Traditional Knowledge and Land Use.

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

4 SELECTED TRADITIONAL KNOWLEDGE AND LAND USE

The following section outlines Aboriginal Knowledge and Use information shared by O’Chiese First Nation interview participants during interviews for this study. This information is grouped according to activity that falls within the Local Study Area (LSA) and the Regional Study Area (RSA).

4.1 Gathering Study participants reported gathering of a variety of berry types, including blackberries, blueberries, chokecherries, cranberries, huckleberries, raspberries, Saskatoon berries, and strawberries. Study participants also reported gathering of different medicinal plant species including (but not limited to) beaver plant, bitter root, cedar, sage, moss, Seneca root, sweet grass, willow fungus, bark, chokecherry root, and raspberry root.

4.1.1 Gathering in the Local Study Area (LSA)

General Berry Gathering (current) • In the Foothills near Nordegg (Harry Desjalais) • Around Edson (Charlie Whitford and Alice Strawberry) • From Willesden Green to Hinton (Susan Bremner) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Jerry Strawberry)

Blackberries (current) • Around Hinton (Luella Strawberry)

Blackberries (past) • Around Entrance (Elizabeth Strawberry)

Blueberries (current) • From Obed to Bighorn I.R. 144A and east to Buck lake (George Strawberry) • Edson to Hinton (George Strawberry) • Around Edson and the McLeod River (Mary L. Strawberry) • South of MacKay (Blondia Strawberry) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • In the Foothills area and north of Hinton (Martin Ironbow)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Chokecherries (current) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway to Rocky Mountain House (Eva Ironbow) • Between Hinton and Jasper (Marie Strawberry) • Around Evansburg (Marie Strawberry)

Cranberries (past) • From Hinton to Lac St. Anne (Marie Strawberry)

Huckleberries (current) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • North of Edson (Marie Strawberry)

Huckleberries (past) • Around Entrance (Elizabeth Strawberry)

Raspberries (current) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • Around Edson and the McLeod River (Mary L. Strawberry) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway to Rocky Mountain House (Eva Ironbow) • North of Edson (Marie Strawberry)

Raspberries (past) • Around Entrance (Elizabeth Strawberry)

Saskatoon berries (current) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • Around Evansburg (Marie Strawberry)

Strawberries (current) • Around Edson and McLeod River (Mary L. Strawberry) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Medicinal and other Plant Gathering (current) • Around Hinton (Emma Whitford) • Around Edson and McLeod River (Mary L. Strawberry) • Near McLeod River (Charlie Whitford and Alice Strawberry) • Willesden Green to Hinton (Susan Bremner) • Between Jasper National Park and Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow, Jerry Strawberry) • Around Evansburg (Marie Strawberry) • In the Foothills area and north of Hinton (Martin Ironbow) • Around Chip Lake (Marie Strawberry)

Medicinal and other Plant Gathering (past) • Around Entrance (Elizabeth Strawberry)

Bitter Root (current) • Around Chip Lake (Marie Strawberry)

Cedar (current) • Foothills area and north of Hinton (Martin Ironbow)

Sage (current) • Around Jasper (Mike Magwa Daychief) • Between Jasper and Drayton Valley and between Rocky Mountain House just north of the Yellowhead highway (Charlie Whitford and Alice Strawberry)

Moss (past) • Around Entrance (Elizabeth Strawberry)

Seneca Root (current) • Near McLeod River (Charlie Whitford and Alice Strawberry) • Around Edson (Charlie Whitford and Alice Strawberry)

Sweet Grass (current) • Around Hinton (Emma Whitford) • Between Jasper and Drayton Valley and between Rocky Mountain House just north of the Yellowhead highway (Charlie Whitford and Alice Strawberry)

Willow Fungus (current) • Around Marlboro (Marie Strawberry)

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t c

Albreda h e Leedale w Proposed Trans Mountain Pipeline Segment a n R Gull iv e Lake Local Study Area (2km wide) r Buffalo Lake Lacombe Blackberry Gathering (Current) Crimson Lake Provincial Park Nordegg Bentley Blackberry Gathering (Past) Rocky Mnt. House Hamber Park Sylvan Blueberry Gathering (Current) Big Horn Lake 144A Chokecherry Gathering (Current) Red Deer Benalto Cow Cranberry Gathering (Past) Abraham Lake L. Huckleberry Gathering (Current) Prairie Creek Huckleberry Gathering (Past) Raspberry Gathering (Current) Raspberry Gathering (Past) Dry Island Buffalo Jump Provincial Park Saskatoon Berry Gathering (Current) Strawberry Gathering (Current) Banff National Park Berry Gathering, unspecified (Current) Blueberry, Chokecherry, Raspberry, Saskatoon Berry, Strawberry (Current) Blueberry, Chokecherry, Huckleberry, Raspberry, Saskatoon Berry (Current)

O'Chiese First Nation TLU Study Prepared For: Prepared By: Kinder Morgan Trans Mountain Expansion Project O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. Berry Gathering ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 12, 2013 WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED K. Janssen in the FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Local Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 3 Fox Creek

Alexander IR 134 A

Alexis Whitecourt IR 232

Whitecourt

r e v i

d Mayerthorpe o iver e mbina R L Pe

M Bruderheim

Morinville Alexander r e IR 134 iv R n a w e h tc Alexis a k s IR 133 a S Lac . Ste. Anne N

Chip Elk Island National Park Lake Isle L. Pinedale Gainford Medicine Edson Spruce Grove Obed L. Marlboro Nojack r Wabamun Stony Plain Obedive Lodge R Lake Edmonton a iver c McLeod R Wabamun s Stony Plain Beaverhill a IR 133 A/B ab IR 135 Lake Entrance Provincial Park th A Cooking Pedley Lake Fickle Moon Lake Lake Tomahawk Tofield Hinton

Erith Niska

r i Entrance t h

iv e r St. Francis Embarrass Cynthia Leduc Brule Lake Drayton Valley Kavanagh Robb

Jasper Pembina Millet

Talbot Lake Lodgepole Pigeon Lake Camrose Pigeon IR 138A Lake Cadomin Lovettville Ma-Me-O Beach Provincial Park Buck L. Wetaskiwin Brazeau Reservoir Buck Lake IR 133C

Alexis Brazeau O'Chiese Samson Riv Cardinal 234 er r 203 IR 137 e Jasper National Park iv Mount Robson Park R g Legend g e rd Medicine No LakeM ed ic Proposed Trans Mountain Pipeline Segment in N e Willesden Green o R r iv t er Ponoka Maligne Lake h S Local Study Area (2km wide) a Rimbey s k

c h

e Leedale Beaver Plant Gathering (Current) wa

n R Gull iv e Lake Bitter Root Gathering (Current) r Buffalo Lake Cedar Gathering (Current) Lacombe Crimson Lake Provincial Park Moss Gathering (Past) Nordegg Bentley Rocky Mnt. House Hamber Park Sage Gathering (Current) Sylvan Big Horn Lake 144A Seneca Root Gathering (Current) Red Deer Benalto Sweet Grass Gathering (Current) Cow Abraham Lake L. Willow Fungus Gathering (Current) Prairie Creek Medicinal Plant Gathering, unspecified (Past) Medicinal Plant Gathering, unspecified (Current) Banff National Park

O'Chiese First Nation TLU Study Prepared For: Prepared By: Kinder Morgan Trans Mountain Expansion Project O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. Plant Gathering ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 12, 2013 WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED K. Janssen in the FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Local Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 4 O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

4.1.2 Gathering in the Regional Study Area (RSA)

General Berry Gathering (current) • Around O’Chiese First Nation I.R. 203 (Danny Daychief) • In the foothills near Nordegg (Harry Desjalais) • Around Pigeon Lake (Mary L. Strawberry) • Around Edson (Charlie Whitford and Alice Strawberry) • From Willesden Green to Hinton area (Susan Bremner) • Near the North Saskatchewan River (Susan Bremner) • Between the O’Chiese First Nation I.R. 203 and Medicine Lake (Susan Bremner) • North of Hinton towards Muskeg river (Blondia Strawberry) • Around O’Chiese First Nation I.R. 203 and west of it (Eva Ironbow) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Jerry Strawberry) • Between North Saskatchewan River and Medicine Lake (John Strawberry)

General Berry Gathering (past) • From the North Saskatchewan River to Rimbey (Susan Bremner) • In the foothills (Rosie Bremner) • In the Rocky Mountain area (currently Jasper National Park) (Eva Ironbow)

Blackberries (current) • Around Hinton (Luella Strawberry) • Between Robb and Lovettville (Rosie Bremner) • Around Robb (Johnny Bremner)

Blackberries (past) • Around Entrance (Elizabeth Strawberry) • Between Hinton and Muskeg River (Elizabeth Strawberry)

Blueberries (current) • Around Medicine Lake (Susan Bremner, Mary L. Strawberry, Jean Strawberry) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • Around Robb (George Strawberry) • Around Cadomin, Robb, Embarass and Lovettville (George Strawberry) • Around O’Chiese First Nation I.R. 203 (George Strawberry) • Around Nordegg (Mike Magwa Daychief) • Around Edson and the McLeod River (Mary L. Strawberry) • Around Moon Lake and Tomahawk (Mary L. Strawberry) • South of McKay (Blondia Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• Between Robb and Lovettville (Rosie Bremner) • Around Robb (Johnny Bremner) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • In the foothills and north of Hinton (Martin Ironbow) • Along Elk River road (Marie Strawberry)

Chokecherries (current) • Around Medicine Lake (Susan Bremner) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • From North Saskatchewan River east to Camrose and south from Edmonton to Red Deer (Mike Magwa Daychief) • Around Alexander I.R. 134 (Alice Strawberry and Charlie Whitford) • Around Mayerthorpe (Blondia Strawberry) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • Northwest of Hinton (Marie Strawberry) • Between Hinton and Jasper ((Marie Strawberry) • Around Evansburg (Marie Strawberry)

Cranberries (past) • From Hinton to Lac Ste. Anne (Marie Strawberry)

Gooseberries (current) • Around Nordegg (Mike Magwa Daychief) • Between North Saskatchewan river and Medicine Lake (John Strawberry)

Huckleberries (current) • From Oben to Bighorn I.R. 144a and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • North of Edson (Marie Strawberry) • Along Elk River road (Marie Strawberry)

Huckleberries (past) • Around Entrance (Elizabeth Strawberry) • Between Hinton and Muskeg River (Elizabeth Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Raspberries (current) • Around Medicine Lake (Susan Bremner, Mary L. Strawberry, Jean Strawberry) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • Around Edson and the McLeod River (Mary L. Strawberry) • Around Mayerthorpe (Blondia Strawberry) • In the area including O’Chiese First Nation I.R. 203, Rimbey and Buck Lake (Rosie Bremner) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • Between North Saskatchewan River and Medicine Lake (John Strawberry) • North of Edson (Marie Strawberry) • Along Elk River Road (Marie Strawberry)

Raspberries (past) • Around Entrance (Elizabeth Strawberry) • Between Hinton and the Muskeg River (Elizabeth Strawberry)

Saskatoon Berries (current) • Around Medicine Lake (Susan Bremner) • Around Drayton Valley (Danny Daychief) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Edson to Hinton (George Strawberry) • From the North Saskatchewan River, east to Camrose and south from Edmonton to Red Deer (Mike Magwa Daychief) • Around Alexander I.R. 134 (Charlie Whitford and Alice Strawberry) • Around Mayerthorpe (Blondia Strawberry) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow) • Around Evansburg (Marie Strawberry)

Strawberries (current) • Around Medicine Lake (Susan Bremner, Mary L Strawberry) • Around Edson and McLeod River (Mary L Strawberry) • Between Jasper National Park Wetaskiwin and Between the Yellowhead highway and Rocky Mountain House (Eva Ironbow)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Medicinal and other Plant Gathering (current) • O’Chiese First Nation I.R. 203 (Susan Bremner, Mike Magwa Daychief) • Around Evansburg (Marie Strawberry) • Between Lovettville and O’Chiese First Nation I.R. 203, south to Bighorn I.R. 144A (George Strawberry) • Between O’Chiese First Nation I.R. 203 and Medicine Lake (George Strawberry) • Around Bighorn I.R. 144A (Mike Magwa Daychief) • Around Tomahawk (Mike Magwa Daychief) • Around the Nordegg river (Mike Magwa Daychief) • Around Robb (Mike Magwa Daychief) • Around Jasper (Emma Whitford) • Around Hinton (Emma Whitford) • South of Edson and north of Bighorn I.R. 144A (Emma Whitford) • Around Edson and the McLeod river (Mary L. Strawberry) • Around Medicine Lake (Mary L. Strawberry) • Around Jasper and Talbot Lakes (Mary L. Strawberry) • Around Pigeon Lake (Mary L. Strawberry) • Near the McLeod River (Charlie Whitford) • On the O’Chiese First Nation I.R. 203 reserve (Susan Bremner) • By the North Saskatchewan River (Susan Bremner) • From Willesden Green to Hinton (Susan Bremner) • Between O’Chiese First Nation I.R. 203 and Medicine Lake (Susan Bremner) • Around Mayerthorpe (Blondia Strawberry) • Between Robb and Lovettville (Rosie Bremner) • Between Jasper National Park, Wetaskiwin and between the Yellowhead highway and Rocky Mountain House (Eva Ironbow, Jerry Strawberry) • In the foothills and north of Hinton (Martin Ironbow) • Around Chip Lake (Marie Strawberry) • Around Stoney Plain I.R. 135 (Marie Strawberry)

Medicinal and other Plant Gathering (past) • From the North Saskatchewan River to Rimbey (Susan Bremner) • South end of Abraham Lake (Donnie Bremner) • Around Entrance (Elizabeth Strawberry) • Between Hinton and the Muskeg River (Elizabeth Strawberry) • In the Rocky Mountains (area of the current Jasper National Park) (Eva Ironbow)

Bark (past) • Between North Saskatchewan River and Rimbey (Susan Bremner)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

Bitter Root (current) • Around Chip Lake (Marie Strawberry) • Around Stoney Plain I.R. 135 (Marie Strawberry)

Sage (current) • Between the North Saskatchewan River and Rimbey (Susan Bremner) • Around Jasper (Mike Magwa Daychief) • Around Nordegg area (Mike Magwa Daychief) • Between Jasper and Drayton Valley and between Rocky Mountain House and just north of Yellowhead highway (Charlie Whitford and Alice Strawberry) • Around Entrance (Johnny Bremner)

Cedar (current) • North of Hinton (Martin Ironbow)

Chokecherry Root (past) • Between the North Saskatchewan River and Rimbey (Susan Bremner) • Fungis (current) • North of Rocky Mountain House and west of Drayton Valley (Emma Whitford)

Moss (past) • Around Entrance (Elizabeth Strawberry) • Between Hinton and the Muskeg River (Elizabeth Strawberry)

Raspberry Root (past) • Between North Saskatchewan River and Rimbey (Susan Bremner)

Seneca Root (current) • Near McLeod River (Charlie Whitford and Alice Strawberry) • Around Edson (Charlie Whitford and Alice Strawberry)

Sweet Grass (past) • From the North Saskatchewan River to Rimbey (Susan Bremner)

Sweet Grass (current) • Around Hinton (Emma Whitford) • Between Jasper and Drayton Valley and between Rocky Mountain House and just north of Yellowhead highway (Charlie Whitford and Alice Strawberry)

Willlow Fungus • Around Marlboro (Marie Strawberry)

Little Smoky Swan Hills

Fox Creek

Alexan der IR 134 A

Alexis Whitecourt IR 232

Whitecourt

r e

v i

d Mayerthorpe o er e Pembina Riv L

M Bruderheim Grande Cache Morinville Alexan der r e IR 134 iv R n a w e h t c Alexis a k IR 133 s a S Lac . Ste. Anne N

Erith Niska

r i Entrance t h

iv e Legend r St. Francis Embarrass Cynthia Leduc Brule Lake Proposed Trans Mountain Pipeline Segment Drayton Valley Kavanagh Robb Local Study Area (2km wide) Jasper Pembina Millet

Regional Study Area Talbot Lake Lodgepole Pigeon Lake Camrose Pigeon IR 138A Lake Berry Gathering, unspecified (Past) Cadomin Lovettville Ma-Me-O Beach Provincial Park

Buck L. Wetaskiwin Blueberry Gathering (Current) Brazeau Mount Robson Park Reservoir Buck Lake Blackberry Gathering (Past) IR 133C

Jasper National Park Braz ea O' Chiese Samso n Alexis u R ive Blueberry Gathering (Current) Cardinal 234 r r 203 IR 137 e i v R g g de Medicine or N Lake Chokecherry Gathering (Current) M ed ic in N e Willesden Green o R r i t v e r Ponoka Maligne Lake h Huckleberry Gathering (Past) S a Rimbey s k

t c

Albreda h

e Leedale Raspberry Gathering (Current) w a n R Gull iv e Lake Saskatoon Berry Gathering (Current) r Buffalo Lake Lacombe Blackberry Gathering (Current) Crimson Lake Provincial Park Nordegg Bentley Rocky Mnt. House Cranberry Gathering (Past) Hamber Park Sylvan Lake Wells Gray Park Big H orn 144A Gooseberry Gathering (Current) Red Deer Benalto Cow Huckleberry Gathering (Current) Abraham Lake L. Prairie Creek Raspberry Gathering (Past) Strawberry Gathering (Current) Berry Gathering, unspecified (Current) Banff National Park Dry Island Buffalo Jump Provincial Park Blueberry, Chokecherry, Raspberry, Saskatoon Berry, Strawberry (Current) Blueberry, Chokecherry, Huckleberry, Raspberry, Saskatoon Berry (Current)

O'Chiese First Nation TLU Study Prepared For: Prepared By: Kinder Morgan Trans Mountain Expansion Project O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: Berry Gathering THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 12, 2013 K. Janssen in the WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Regional Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 5 Little Smoky Swan Hills

Fox Creek

Alexan der IR 134 A

Alexis Whitecourt IR 232

Whitecourt

r e v i

d Mayerthorpe o iver e embina R L P

M Bruderheim Grande Cache Morinville Alexan der r e IR 134 iv R n a w e h t c Alexis a k IR 133 s a S Lac . Ste. Anne N

Chip Elk Island National Park Lake Isle L. Pinedale Gainford Medicine Edson Spruce Grove Obed L. Marlboro Nojack r Wabamun Stony Plain Obedi ve Lodge R Lake Edmonton a M c R iver c L eod Wabamun s Stony Plain Beaverhill a b IR 133 A/B a IR 135 Lake th Entrance Provincial Park A Pedley Cooking Moon Lake Lake Fickle Lake Tomahawk Tofield Hinton

Erith Niska

i t

Entrance h

iv e r St. Francis Embarrass Cynthia Leduc Brule Lake Drayton Valley Kavanagh Robb

Jasper Pembina Millet

Talbot Lake Lodgepole Pigeon Lake Camrose Legend Pigeon IR 138A Lake Cadomin Lovettville Ma-Me-O Beach Provincial Park Buck Wetaskiwin Proposed Trans Mountain Pipeline Segment L. Brazeau Mount Robson Park Reservoir Buck Lake Local Study Area (2km wide) IR 133C

Jasper National Park Alexis Braz ea u O' Chiese Samso n Regional Study Area Riv Cardinal 234 er r 203 IR 137 e iv R g g de Medicine or Bitter Root Gathering (Current) N Lake M ed ic in N e Willesden Green o R r iv t e r Ponoka Cedar Gathering (Current) Maligne Lake h S a Rimbey s k

c Albreda h Fungi Gathering (Current) e Leedale w a n R Gull iv e Lake Medicinal Plant Gathering, unspecified (Past) r Buffalo Lake Lacombe Moss Gathering (Past) Crimson Lake Provincial Park Nordegg Bentley Sage Gathering (Current) Rocky Mnt. House Hamber Park Sylvan Lake Wells Gray Park Big H orn 144A Sage Gathering (Past) Red Deer Benalto Cow Seneca Root Gathering (Current) Abraham Lake L. Sweet Grass Gathering (Current) Prairie Creek Sweet Grass Gathering (Past) Willow Fungus Gathering (Current) Banff National Park Dry Island Buffalo Jump Provincial Park Medicinal Plant Gathering, unspecified (Current) Sweet Grass, Chokecherry Root, Sage, Raspberry Root, Bark (Current)

O'Chiese First Nation TLU Study Prepared For: Prepared By: Kinder Morgan Trans Mountain Expansion Project O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: Plant Gathering THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 12, 2013 K. Janssen in the WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Regional Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 6 O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

4.2 Hunting

O’Chiese First Nation members hunt moose, elk, deer, caribou, bear, beaver, goose, duck and rabbits. O’Chiese First Nation members hunt in all seasons of the year. Study participants report that members only hunt deer when moose and elk are scarce. During interviews, study participants reported that O’Chiese people do not traditionally hunt bear.

4.2.1 Hunting in the LSA

General Hunting (current) • Around Marlboro to Edson (Susan Bremner) • Between Lodgepole and Edson (Susan Bremner) • Around Robb and Edson (Rosie Bremner) • Willedson Green to Hinton (Susan Bremner) • In the foothills area north of the Bighorn I.R. 144A, west and south of Hinton, east of Cadomin, west of O’ Chiese 203 reserve (Eva Ironbow)

General hunting (past) • From Hinton to Lac St. Anne (Marie Strawberry)

Big Game

Caribou (current) • North of Hinton and Obed (Harry Desjalais) • Around Whitcourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Hinton to Cadomin (Mike Magwa Daychief)

Deer (current) • Around Robb (Jack Strawberry) • Around Whitecourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Obed south to Bighorn I.R.144A, east to Buck Lake (George Strawberry) • From Edson to Hinton and Robb to north of Obed (Marie Strawberry)

Duck (current) • From Obed south to Bighorn I.R. 144A and east to Buck lake (George Strawberry)

Elk (current) • Around Robb (Jack Strawberry) • Around Mayerthorpe, Nojack, to Robb (Les Yellowface) • Around Hinton (Harry Desjalais) • Between Obed and Edson (Harry Desjalais) • In the Foothills near Nordegg (Harry Desjalais) • Around Drayton Valley (George Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• Around Whitecourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Obed south to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Hinton to Cadomin (Mike Magwa Daychief) • Between Edson and Hinton (Charlie Whitford and Alice Strawberry) • On Elk River road towards Robb (Donnie Beaverbones)

Elk (past) • South of MacKay (Blondia Strawberry) • Around Nojack ( Rosie Bremner) • Around Marlboro (Elizabeth Strawberry) • Around Entrance (Elizabeth Strawberry) • From Edson to Bighorn I.R. 144A and Alexis Cardinal reserve to O’Chiese First Nation I.R. 203 (John Strawberry) • From Edson to Hinton and from Robb to north of Obed (Marie Strawberry)

Goose (current) • From Obed south to Bighorn IR 144A and east to Buck Lake (George Strawberry) Moose (current) • Around Robb (Jack Strawberry) • Around Mayerthorpe, Nojack to Robb (Les Yellowface) • Around Hinton (Les Yellowface, Harry Desjalais) • Between Obed and Edson (Harry Desjalais) • In the foothills area near Nordegg (Harry Desjalais) • Around Drayton Valley (George Strawberry) • Around Whitcourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Obed, south to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • From Hinton to Cadomin (Mike Magwa Daychief) • Between Edson and Hinton (Charlie Whitford and Alice Strawberry) • Around the Robb area towards Hinton (Donnie Bremner) • Elk River Road towards Robb (Donnie Beaverbones) • From Edson to Bighorn I.R. 144A and Alexis Cardinal I.R. 234 to O’Chiese First Nation I.R 203 (John Strawberry) • From Edson to Hinton and from Robb to north of Obed (Marie Strawberry)

Moose (past) • South of MacKay (Blondia Strawberry) • Around Nojack (Rosie Bremner) • Around Marlboro (Elizabeth Strawberry) • Around Entrance (Elizabeth Strawberry) Rabbit (current)

• Around Robb towards Hinton (Donne Bremner)

Fox Creek

Alexander IR 134 A

Alexis Whitecourt IR 232

Whitecourt

r e v i

d Mayerthorpe o iver e mbina R L Pe

M Bruderheim

Morinville Alexander r e IR 134 iv R n a w e h tc Alexis a k s IR 133 a S Lac . Ste. Anne N

Chip Elk Island National Park Lake Isle L. Pinedale Gainford Medicine Edson Spruce Grove Obed L. Marlboro Nojack r Wabamun Stony Plain Obedive Lodge R Lake Edmonton a iver c McLeod R Wabamun s Stony Plain Beaverhill a IR 133 A/B ab IR 135 Lake Entrance Provincial Park th A Cooking Pedley Lake Fickle Moon Lake Lake Tomahawk Tofield Hinton

Erith Niska

r i Entrance t h

iv e r St. Francis Embarrass Cynthia Leduc Brule Lake Drayton Valley Kavanagh Robb

Jasper Pembina Millet

Talbot Lake Lodgepole Pigeon Lake Camrose Pigeon IR 138A Lake Cadomin Lovettville Ma-Me-O Beach Provincial Park Buck L. Wetaskiwin Brazeau Reservoir Buck Lake IR 133C

c h

e Leedale Moose and Elk Hunting (Current) wa

n R Gull iv e Lake Caribou Hunting (Current) r Buffalo Lake Deer Hunting (Current) Lacombe Crimson Lake Provincial Park Elk Hunting (Past) Nordegg Bentley Rocky Mnt. House Hamber Park Goose Hunting (Current) Sylvan Big Horn Lake 144A Hunting, unspecified (Current) Red Deer Benalto Hunting, unspecified (Past) Cow Abraham Lake L. Moose Hunting (Past) Prairie Creek Rabbit Hunting (Current) Duck Hunting (Current) Banff National Park

O'Chiese First Nation TLU Study Prepared For: Prepared By: Kinder Morgan Trans Mountain Expansion Project O'Chiese First Nation Calliou Group DISCLAIMER: THIS MAP SHOULD NOT BE CONSIDERED A SUBSITUTE FOR CONSULTATION. USE NOTATIONS ARE NOT EXACT LOCATIONS OF USE SITES. Date: Prepared By: THIS MAP IS THE EXCLUSIVE PROPERTY OF THE O'CHIESE FIRST NATION. Hunting ANY REPRODUCTION OR DISTRIBUTION WITHOUT September 12, 2013 WRITTEN APPROVAL IS STRICTLY PROHIBITED. THIS MAP WAS CREATED K. Janssen in the FOR SINGLE USE RELATED TO THE KINDER MORGAN ¶ Local Study Area TRANS MOUNTAIN EXPANSION PROJECT. ANY OTHER USE IS PROHIBITED. 0 10 20 30 Map Information: Figure No: Datum: NAD 83, UTM ZONE 11 Kilometers Source: NTDB, O'Chiese First Nation 7 O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

4.2.2 Hunting in the RSA

General Hunting (current) • Around Medicine Lake (George Strawberry, Mike Magwa Daychief, Charlie Whitford and Alice Strawberry ) • Around Buck Lake (Mike Magwa Daychief) • Around Lodgepole (Mike Magwa Daychief) • Area around O’Chiese First Nation I.R. 203, Cynthia, Lodgepole., Brazeau Resovoir (Mary L. Strawberry) • Area between O’Chiese First Nation I.R. 203 and Medicine Lake (Susan Bremner) • Between Willesden Green and Hinton (Susan Bremner) • Around Marlboro and Edson (Susan Bremner) • Between Lodgepole and Edson (Susan Bremner) • Around Robb (Percy Strawberry) • Around Lodgepole and Brazeau Reservoir (Percy Strawberry) • Northeast of Lovettville (Donnie Bremner) • Around Robb and Edson (Rosie Bremner) • Towards Trunk Road between Cadomin, Robb, Lodgepole (Johnny Bremner) • From Bighorn I.R. 144A, south of Hinton, west to Cadomin (Eva Ironbow) • Between the North Saskatchewan River and Rimbey (Martin Ironbow)

General Hunting (past) • Around Drayton Valley (Donnie Bremner) • Around Buck Lake (Rosie Bremner) • North of Hinton, in the Muskeg River (Elizabeth Strawberry) • The foothills area (Sarah Daychief) • Around Whitecourt (Sarah Daychief) • From Hinton to Lac St. Anne (Marie Strawberry) • Area between Brazeau Reservoir, Nordegg river and Brazeau River (Sarah Daychief)

Bear (past) • Between the North Saskatchewan River and Rimbey (Susan Bremner)

Beaver (past) • Between the North Saskatchewan River and Rimbey (Susan Bremner)

Caribou (current) • North of Hinton and north of Obed (Harry Desjalais) • Around Whitecourt, Mayerthorpe, Nojack and Pinedale (George Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• Between Hinton and Cadomin (Mike Magwa Daychief)

Deer (current) • Around Robb (Jack Strawberry) • From Alexis Cardinal I.R. 234 to Bighorn I.R. 144A/B including Abraham Lake (Danny Daychief) • Around Whitecourt, Mayerthorpe. Nojack and Pinedale (George Strawberry) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • In the foothills around Lodgepole and Robb (Mike Magwa Daychief) • Around Whitecourt (Mary L. Strawberry) • Around Mayerthorpe (Mary L. Strawberry) • Between the North Saskatchewan River and Medicine Lake (John Strawberry) • From Edson to Hinton, from Robb to North of Obed (Marie Strawberry) • Duck (current) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry)

Deer (past) • Between the North Saskatchewan River and Rimbey (Susan Bremner)

Elk (current) • Around Robb (Jack Strawberry) • From Alexis Cardinal I.R. 234 to Bighorn I.R 144A including Abraham Lake (Danny Daychief) • Around Mayerthorpe, Nojack and Robb (Les Yellowface) • Around Hinton (Harry Desjalais) • Between Obed and Edson (Harry Desjalais) • In the foothills near Nordegg (Harry Desjalais) • Around Drayton Valley (George Strawberry) • Around Whitecourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Obed to Bighorn I.R. 144A and east to Buck Lake (George Strawberry) • In the foothills around Lodgepole and Robb (Mike Magwa Daychief) • Between Hinton and Cadomin (Mike Magwa Daychief) • Around Lodgepole, Pembina, and Drayton Valley (Emma Whitford) • Around Robb and Lovettville (Mary L. Strawberry) • Around Whitecourt (Mary L. Strawberry) • Around Mayerthorpe (Mary L. Strawberry) • Between Edson and Hinton (Charlie Whitford and Alice Strawberry) • Around O’Chiese First Nation I.R. 203 reserve, the Brazeau River and south between O’Chiese I.R. 203 and Bighorn I.R. 144A (Charlie Whitford and Alice Strawberry) • North of O’Chiese I.R. 203 to Lodgepole (Gloria Beaverbones) • West of Lodgepole (Percy Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• North of Hinton towards the Muskeg river (Donnie Bremner) • Towards the mountains in Nordegg area (Donnie Bremner) • Between Robb and Lovettville (Rosie Bremner) • Along the North Saskatchewan River (Johnny Bremner) • Along Bighorn I.R.144A and Nordegg (Johnny Bremner) • Around Robb (Josephine Bremner) • On Elk River Road towards Robb (Donnie Beaverbones) • Southeast of Lodgepole (Donnie Beaverbones) • From Edson to Bighorn I.R.144A and Alexis Cardinal I.R. 234 to O’Chiese First Nation I.R. 203 (John Strawberry) • Between the North Saskatchewan River and Medicine Lake (John Strawberry, (Martin Ironbow) • Around Lodgepole (Martin Ironbow) • Around Robb (Martin Ironbow) • From Edson to Hinton and from Robb to north of Obed (Marie Strawberry)

Elk (past) • From the North Saskatchewan River to Rimbey (Susan Bremner) • Between O’Chiese First Nation 203 and Buck Lake on North Saskatchewan River (Susan Bremner) • North of Brazeau Reservoir (Danny Daychief) • Around O’Chiese First Nation 203 (Les Yellowface) • South of MacKay (Blondia Strawberry) • The foothills area (Rosie Bremner) • Around Nojack (Rosie Bremner) • The foothills area between Robb, Cadomin and Lovettville (Elizabeth Strawberry) • Between Robb and Embarass (Elizabeth Strawberry) • Around Marlboro (Elizabeth Strawberry) • Around Entrance (Elizabeth Strawberry) • Between Brazeau Resovoir, Nordegg River, and Brazeau River (Sarah Daychief)

Goose (current) • From Obed to Bighorn I.R.144A and east to Buck Lake (George Strawberry)

Moose (current) • Around Robb (Jack Strawberry) • From Alexis Cardinal I.R.234 to Bighorn I.R.144A including Abraham Lake (Danny Daychief) • Around Mayerthorpe, Nojack and Robb (Les Yellowface) • Around Hinton (Les Yellowface, Harry Desjalais) • Between Obed and Edson (Harry Desjalais)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• Around Drayton Valley (George Strawberry) • Around Whitecourt, Mayerthorpe, Nojack and Pinedale (George Strawberry) • From Obed to Bighorn I.R.144A and east to Buck Lake (George Strawberry) • In the foothills around Lodgepole and Robb (Mike Magwa Daychief) • Around O’Chiese First Nation (Mike Magwa Daychief) • From Hinton to Cadomin (Mike Magwa Daychief) • Around Lodgepole, Pembina, Drayton Valley (Emma Whitford) • Around Robb and Lovettville (Mary L. Strawberry) • Around Whitecourt (Mary L. Strawberry) • Around Mayerthorpe (Mary L. Strawberry) • Between Edson and Hinton (Charlie Whitford and Alice Strawberry) • Around O’Chiese First Nation I.R. 203, Brazeau river, and south between Rocky Mountain House and Bighorn I.R.144A (Charlie Whitford and Alice Strawberry) • Between O’Chiese First Nation I.R. 203 and Medicine Lake (Charlie Whitford and Alice Strawberry) • North of O’Chiese First Nation I.R. 203 to Lodgepole (Gloria Beaverbones) • Around Medicine Lake (Gloria Beaverbones) • West of Lodgepole (Percy Strawberry) • Along the North Saskatchewan River (Donnie Bremner) • North of Hinton towards the Muskeg River (Donnie Bremner) • Around Robb area towards Hinton (Donnie Bremner) • Towards the mountains in Nordegg area (Donnie Bremner) • Between Robb and Lovetteville (Rosie Bremner) • Along the North Saskatchewan River (Johnny Bremner) • North of Edson, around Bighorn I.R.144A and Nordegg (Johnny Bremner) • Around Robb (Josephine Bremner) • Elk River Road towards Robb (Donnie Beaverbones) • Southeast of Lodgepole (Donnie Beaverbones) • From Edson to Bighorn I.R. 144A to Alexis Cardinal I.R.234 to O’Chiese First Nation I.R. 203 (John Strawberry) • Between North Saskatchewan River and Medicine Lake (John Strawberry, Martin Ironbow) • Around Lodgepole (Martin Ironbow) • Around Robb (Martin Ironbow) • From Edson to Hinton and from Robb to north of Obed (Marie Strawberry)

Moose (past) • From the North Saskatchewan River to Rimbey (Susan Bremner) • Between Buck Lake and Pigeon Lake (Danny Daychief) • Around O’Chiese First Nation I.R. 203 (Les Yellowface) • South of MacKay (Blondia Strawberry)

O’Chiese First Nation Kinder Morgan (Trans Mountain Pipeline ULC) Calliou Group Traditional Land Use Study Trans Mountain Expansion Project September 13, 2013

• The Foothills area (Rosie Bremner) • Around Nojack (Rosie Bremner) • Foothills area between Robb, Cadomin and Lovettville (Elizabeth Strawberry) • Between Robb and Embarass (Elizabeth Strawberry) • Around Marlboro (Elizabeth Strawberry) • Around Entrance (Elizabeth Strawberry) • Between Brazeau reservoir, Nordegg river and Brazeau river (Sarah Daychief) • Around Mayerthorpe (Martin Ironbow)

Muskrat (past) • North Saskatchewan River (Susan Bremner)

Rabbit (current) • O’Chiese First Nation I.R. 203 (Les Yellowface, Donnie Bremner) • Between O’Chiese First Nation I.R. 203 and Medicine Lake (Charlie Whitford and Alice Strawberry) • Around Robb area towards Hinton (Donnie Bremner)

Rabbit (past) • Between O’Chiese First Nation I.R. 203 and Buck Lake along the North Saskatchewan River (Susan Bremner) • By North Saskatchewan River (Susan Bremner)