COUNCIL OF THE INNU OF EKUANITSHIT 35 Manitou Street Ekuanitshit (Mingan), Quebec G0G 1V0 (418) 949-2234 Comments on the Draft Environmental Impact Statement Guidelines Lower Churchill Hydroelectric Generation Project Newfoundland and Labrador Hydro Submitted to the Canadian Environmental Assessment Agency February 27, 2008 1. Background The hydroelectric development project on the Churcill River is a source of concern for members of the Ekuanitshit community because it is likely to affect certain major resources such as caribou, but also our title and rights to that part of Labrador. The Government of Canada, being engaged in a treaty negotiation process, has accepted that our claims with respect to Labrador and the maps submitted in support thereof are valid. However, even in the absence of a treaty, we believe that the case law gives the Government of Canada and the Government of Newfoundland and Labrador a legal obligation to consult us with respect to the Newfoundland and Labrador hydro project currently under review.

Considering our intention to participate fully in the environmental assessment process for this project, we are responding to the invitation by the Canadian Environmental Assessment Agency (CEAA) to contribute to the first stage of the process by commenting on the Draft Guidelines for the Proponent.

2. Boundaries of study areas (section 2.1) and description of the relevant components (section 3.2) With regard to the study areas and their relevant components, the guidelines state:

"With respect to baseline information on the environment, the Proponent shall present, wherever possible, a sufficient time-span of data and information to establish averages, trends and extremes. For the most important environmental and social components, the Proponent shall determine how far in the past the study should begin and how far into the future it should be carried."

The position of the Council of the Innu of Ekuanitshit is that the Proponent should not determine the statement reference periods alone. More specifically, it should consult the Innu to determine the reference periods jointly with them, particularly in the context of statements that concern the Innu community.

3. References to the Innu communities and consultation On the whole, the Draft Guidelines are somewhat weak in the area of references to the Innu. A certain number of guidelines refer to them implicitly, often combining them with the non- Aboriginal communities. We believe that, within the boundaries of the study area, the Proponent should necessarily provide a picture of the occupation and use of the territory and resources for the communities of Ekuanitshit, Uashat mak Mani-Utenam, Matimekush, Nutashkuan, Unamen Shipu, Pakua Shipi, Sheshatshit and Natuashish so as to identify all Innu territorial interests across the area concerned by that project. The Proponent should also be able to document the description, role, contribution and trends of the subsistence economy in each of those communities, emphasizing the region's importance for the supply of caribou.

Although mentioned in a number of places in the guidelines, the way local knowledge will be used is not described clearly enough to determine the importance that will be attached to the integration of that knowledge. We believe that the Proponent should consult Innu experts in developing the research methodologies associated with the main VECs identified by the Innu experts. Those experts should also have the opportunity to interact with researchers to discuss their research findings. In the event this project is implemented, the Proponent should involve the Innu in environmental monitoring. Although there is a guideline for that purpose, it does not inform the Proponent what it should present concerning the manner in which it intends to proceed. The Proponent should therefore be asked to describe how it intends to enable the Innu to participate fully in the project's environmental monitoring.

With regard to the guideline on consultation (section 7), we believe that the governments of Canada and Newfoundland and Labrador, as well as the Proponent, have an obligation to consult the Council of the Innu of Ekuanitshit. For the governments, this consultation must include the terms and conditions of the participation by the Innu of Ekuanitshit in the environmental assessment process, as well as the establishment of transitional measures in the treaty for the Labrador portion of the territory included in the negotiation process. For the Proponent, the obligation to consult should include negotiation of the terms and conditions of an ongoing process of information and exchange on the various project components and on the signing of an Impact and Benefit Agreement (IBA).