SAMSON CREE NATION CUMULATIVE EFFECTS ASSESSMENT Updated Analysis for Selected Valued Components Specific to the Edson Mainline Expansion Project

January 9, 2020

Samson Cree Nation with Carolyn Whittaker MSc, and Firelight Research Inc.

Samson Cree Nation Cumulative Effects Assessment: Updated Analysis for Selected Valued Components Specific to the Edson Mainline Expansion Project

DRAFT REPORT January 9, 2020

Prepared and authored by: Samson Cree Nation with Carolyn Whittaker MSc., Susan Leech, MSc. RP Bio. and Firelight Research Inc.

Thanks and acknowledgements go to Samson Cree Nation members, elders, knowledge holders, land users, staff, and leadership who contributed during the Edson Mainline Expansion Project Review and other environmental assessment processes which were drawn upon for this report. Thanks to staff and members of The Firelight Group who provided research, mapping, and writing support.

Disclaimer: The information contained in this report is based on research conducted by the Samson Cree Nation Consultation Office and Firelight Research Inc., as well as published works and submissions to the National Energy Board for this and other NOVA Gas Transmission Ltd. projects. It reflects the understandings of the lead authors and is not intended to be a complete depiction of the dynamic and living system of use and knowledge maintained by Samson Cree Nation (“SCN”) members. It may be updated, refined, or changed as new information becomes available. Base map data originate from the National Topographic System and Natural Resources Canada. The information contained herein should not be construed as to define, limit, or otherwise constrain the Treaty or Aboriginal rights of the SCN.

CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

TABLE OF CONTENTS

Table of Contents ...... i List of Figures ...... iii List of Tables ...... iii Acronyms and Abbreviations ...... iv 1. Introduction ...... 1 1.1 Approach and Purpose of Report ...... 1 1.2 Samson Cree Understanding of the Edson Mainline Expansion Project 2 1.3 Methods ...... 4 Overview of Methods ...... 4 Temporal and Spatial Boundaries ...... 5 Spatial Analysis Methods ...... 7 Overview of Cumulative Effects in Samson Cree Nation Traditional Territory ...... 8 2. Loss and Alienation of Crown lands (Spatial Analysis) ...... 11 Forestry ...... 17 Oil and gas ...... 18 Agriculture and grazing leases ...... 18 Reasonably foreseeable future stressors: ...... 18 3. Update to the Status and Health of Valued Components of Concern: Environment ...... 22 3.1 Culturally Important Plants ...... 22 The Importance of Culturally Important Plants to SCN ...... 22 Current Status of Culturally Important Plants and Causes of Change ...... 23 Project Cumulative Effects on Culturally Important Plants ...... 24 Summary ...... 26 3.2 Wetland and Sensitive Ecosystems ...... 27 The Importance of Wetlands and Sensitive Ecosystems to SCN ...... 27 Current Status of Wetlands and Degree of Change Over Time ...... 28 Cause of Change in Wetland Health Status ...... 29 Project Cumulative Effects on Wetlands ...... 30 Summary ...... 31 3.3 Fish and Fish Habitat ...... 32 The Importance of Fish and Fish Habitat to SCN ...... 32 Status of Fish and Fish Habitat and Cause of Change ...... 34 Project cumulative effects on fish, fish habitat and fishing ...... 35 Summary of Cumulative Effects on Fish and Fish Habitat ...... 36 4. Update to the Status and Health of Valued Components of Concern: Wildlife 37 4.1 Maskwa/ Grizzly Bears ...... 37 The Importance of Grizzly Bear to SCN ...... 37 Status of Grizzly Bear and Cause of Change ...... 38 Project Cumulative Effects on Grizzly Bear from Proposed Edson Mainline Expansion .. 40 Summary of Cumulative Effects on Grizzly Bear ...... 41 4.2 Wâwâskeso / Elk ...... 42 The Importance of Elk to SCN ...... 42 Status of Elk and Cause of Change ...... 43 Project Cumulative Effects on Elk from Proposed Edson Mainline Expansion Summary: 43

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4.3 Migratory Birds ...... 44 The Importance of Migratory Birds to SCN ...... 44 Status of Migratory Birds and Cause of Change ...... 45 Summary of Project Cumulative Effects on Migratory Birds ...... 47 4.4 Môswa / Moose ...... 48 The Importance of Moose to SCN ...... 48 Status of Moose and Causes of Change ...... 49 Project Cumulative Effects on Moose from Proposed Edson Mainline Expansion Summary: ...... 50 4.5 Maskek Atihk / Caribou ...... 51 The Importance of Caribou to SCN ...... 51 Cause of Change in Caribou: ...... 51 Project Cumulative Effects on Caribou from Proposed Edson Mainline Expansion Summary: ...... 52 4.6 Hunting and Wildlife Habitat Fragmentation ...... 53 The Importance of Hunting and Wildlife Habitat to SCN ...... 53 Current Status of Wildlife Habitat Health and Hunting ...... 54 Project Cumulative Effects on Hunting and Habitat Fragmentation ...... 56 Summary ...... 57 5. Update to the Status and Health of Valued Components of Concern: Sense of Place and Cultural and Heritage resources ...... 57 5.1 Sense of Place and Transmission of Knowledge In the Eastern Slopes 57 Current Status And Degree Of Change Over Time ...... 59 Causes Of Change In SCN Sense Of Place In SCN traditional territory And The Eastern Slopes 59 Project And Cumulative Effects On SCN Sense Of Place In The Eastern Slopes ...... 1 Summary ...... 2 5.2 Culture and Heritage Resources ...... 2 Current Status Of SCN Culture And Heritage And Degree Of Change Over Time ...... 6 Cause of Change ...... 6 Project And Cumulative Effects On SCN Culture and Heritage Resources ...... 7 Summary ...... 7 6. Conclusion ...... 8 6.1 Summary of Sufficiency of Resources and Recommendations ...... 8 Citations ...... 17 Appendix 1: Detailed Methodology ...... 21

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LIST OF FIGURES

FIGURE 1 SCN REPORT STUDY AREA ...... 3 FIGURE 2 PERMANENTLY CONVERTED LANDS WITHIN SAMSON CREE NATION TRADITIONAL TERRITORY AND ALBERTA GREEN AND WHITE ZONES...... 12 FIGURE 3 LINEAR DISTURBANCE WITHIN THE ALBERTA GREEN ZONE IN SCN TRADITIONAL TERRITORY ...... 13 FIGURE 4 NON-LINEAR (POLYGONAL) DISTURBANCE IN THE ALBERTA GREEN ZONE WITHIN SCN TRADITIONAL TERRITORY ...... 14 FIGURE 5 COMBINED DISTURBANCE WITHIN THE ALBERTA GREEN ZONE WITHIN SCN TRADITIONAL TERRITORY ...... 15 FIGURE 6 PRE-1960 PIPELINES LOCATED IN THE GREEN ZONE WITHIN SCN TRADITIONAL TERRITORY ...... 19 FIGURE 7 CURRENT PIPELINES WITHIN THE GREEN ZONE OF SCN TRADITIONAL TERRITORY ...... 20 FIGURE 8 GRIZZLY BEAR ZONES IN SCN TRADITIONAL TERRITORY ...... 39 FIGURE 9 TOWNSHIPS SURVEYED FOR HOMESTEADING 1881 SOURCE: LIBRARY AND ARCHIVES CANADA. DEPARTMENT OF THE INTERIOR INDEX TO TOWNSHIPS 1881. IMAGE N0021137K...... 1 FIGURE 10 DEPARTMENT OF THE INTERIOR INDEX TO TOWNSHIPS 1930. SOURCE: LIBRARY AND ARCHIVES CANADA. NMC 0043265 ...... 2 FIGURE 11 CLOSE UP OF 1858 PALLISER MAP OF THE ROCKY MOUNTAINS [COLOUR ADDED POST MAP PRODUCTION -NOT BY AUTHOR] SOURCE: DIGITIZED FROM THE WILLIAM C. WONDERS COLLECTION, UNIVERSITY OF ALBERTA, 2011...... 4 FIGURE 12 HISTORIC TRAILS IN PROXIMITY TO THE CLEARWATER RIVER SOURCE:3 MILE SECTIONAL MAPS- ROCKY MOUNTAIN HOUSE SHEET 1916. (HIGHLIGHTS ADDED) AVAILABLE AT: HTTP://LIBDATA.UCALGARY.CA/PUBLIC/MAPSCANS/SECTIONAL_JPGS/N029967.JPG ... 5 FIGURE 13 HISTORIC TRAILS IN PROXIMITY TO THE CLEARWATER RIVER SOURCE:3 MILE SECTIONAL MAPS- BRAZEAU SHEET 1916. (HIGHLIGHTS ADDED) AVAILABLE AT: HTTP://LIBDATA.UCALGARY.CA/PUBLIC/MAPSCANS/SECTIONAL_JPGS/N029973.JPG ... 5

LIST OF TABLES

TABLE 1 REGIONAL STUDY AREAS FOR VALUE THEMES ...... 7 TABLE 2 TIMELINE OF CUMULATIVE EFFECTS IN SAMSON CREE NATION TRADITIONAL TERRITORY ...... 8 TABLE 3 LINEAR DISTURBANCE WITHIN THE ALBERTA GREEN ZONE IN SCN TRADITIONAL TERRITORY ...... 16 TABLE 4 NON-LINEAR (POLYGONAL) DISTURBANCE IN THE ALBERTA GREEN ZONE WITHIN SCN TRADITIONAL TERRITORY ...... 17 TABLE 5 FOREST COVER LOSS FROM HARVESTING IN SCN TRADITIONAL TERRITORY ..... 18 TABLE 6 FOREST COVER LOSS DUE TO WILDFIRE WITHIN SCN TRADITIONAL TERRITORY ...... 21 TABLE 7 SUMMARY OF CUMULATIVE EFFECTS AND SUFFICIENCY OF RESOURCES ...... 9

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ACRONYMS AND ABBREVIATIONS

AAC Annual Allowable Cut CEA Cumulative Effects Assessment CIP Culturally Important Plants EA Environmental Assessment ETWS Extra Temporary Work Space FMA Forest Management Agreement IK Indigenous Knowledge NEB National Energy Board Project Edson Mainline Expansion Project Proponent Nova Gas Transmission Ltd or Trans Canada Energy ROW Right of Way SCN Samson Cree Nation Firelight Firelight Research Inc.

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1. INTRODUCTION

1.1 APPROACH AND PURPOSE OF REPORT

Firelight Research Inc. (“Firelight” or “the Firelight Group”) was retained by Samson Cree Nation (“SCN”) to provide an analysis of the cumulative effects on Samson Cree Nation rights and interests for selected valued components (“VCs”) specific to NOVA Gas Transmission Ltd.’s (“NGTL”) proposed Edson Mainline Expansion Project (the “Project”).

The Project, and a large portion of NGTL’s expansive natural gas pipeline system, would be located within Samson Cree Nation’s traditional territory, if approved.

The analysis is focused on updating and applying a Project Specific analysis to the findings of the SCN’s 2019 Cumulative Effects On The Aboriginal Rights And Interests Of Samson Cree Nation: A preliminary desktop analysis of Valued Components in the project affected area of NOVA Gas Transmission Ltd. (NGTL) – 2021 System Expansion Project (“SCN CEA Report”) (Whittaker, Dimmer, and MacDonald 2019). As such, this Report needs to be read in conjunction with the SCN CEA Report.

The SCN CEA Report was filed with the NEB for NGTL’s proposed 2021 System Expansion Project. The issues identified in the SCN CEA Report remain outstanding and have not been addressed by the NEB, Canada or NGTL.

SCN is concerned that cumulative effects occurring in SCN traditional territory are negatively impacting SCN members’ ability to meaningfully exercise their inherent and Treaty No. 6 rights (“SCN’s Treaty Rights”).1 Large portions of SCN’s traditional territory have already been, or will soon be, alienated due to Crown decisions to approve industrial development and land privatization, among other factors related to past, current and reasonably foreseeable future projects and activities. Given the present degraded state of the resources that are required to support SCN traditional use and the practice of rights in the overall traditional territory, the scale of Project impacts are increased and intensified; even though, if viewed in isolation and on a project-by-project basis, may appear moderate-to-high.

As with the prior 2019 SCN CEA Report (Whittaker, Dimmer, and MacDonald 2019), this Report follows an “enabling factors” approach. The focus of the assessment is to maintain the minimum quality and quantity of land and resources, among other key factors, required for the full practice of SCN’s Treaty Rights, culture, and mode of life. These quality and quantity criterion are discussed qualitatively regarding specific valued components with the exception of wildlife VCs where quantitative thresholds have been established. Adverse effects on these “enabling factors” will limit or prevent SCN members from meaningfully exercising their Treaty Rights – for example, by not having

1 Samson Cree’s Treaty Rights include Environmental Stewardship Rights and Incidental Harvesting Rights, as defined in SCN’s Final Argument for NGTL’s proposed 2021 System Expansion Project.

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an adequate land base to pursue seasonal rounds or not having adequate preferred harvesting species in their traditional territory in order to conduct successful harvests (see also Whittaker, Dimmer, and MacDonald 2019, 2).

This work confirms that the existing pre-project circumstance for many of the VCs should be considered vulnerable. Additional work with SCN members is required to further develop recommendations for appropriate mitigation or redress for Project- specific and cumulative effects. At the time of writing, SCN Indigenous knowledge has not been properly incorporated into NGTL’s own Cumulative Effects Assessment. SCN hopes to work with NGTL to incorporate its Indigenous Knowledge and the findings of this Report in the coming months.

1.2 SAMSON CREE UNDERSTANDING OF THE EDSON MAINLINE EXPANSION PROJECT

The Samson Cree Nation, also known as Nipishkopawiyiniwak (the people of the Land of the Willows), is one of four governments that belong to the Crees of Maskwacîs (“Bear Hills”). The Maskwacîs Cree are a distinct part of the plains Cree and have occupied the region since time immemorial (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015). SCN work is guided by the principles of Pimachihowin (way of life), Wahkohtowin (kinship), Sakitowin (love), and Tapwewin (honesty) and aims to collectively promote healthy socio-economic growth within the community and for future generations that sustains healthy lands and waters to enable the full and meaningful practice of culture and SCN Treaty Rights.

NGTL is proposing to construct and operate over 40 km of new pipeline for the Project. The proposed Project would be located in the western portion of SCN territory (see Figure 1), an area already subject to relatively high levels of industrial forestry, land privatization, and landscape fragmentation. The Project will connect with and is closely linked to NGTL’s 2021 System Expansion Project which involves the addition of new pipelines and compressor stations between Grande Prairie and Rocky Mountain House. NGTL has stated that, “The capability benefit of the Project will not be realized if the NGTL 2021 System expansion and Clearwater Compressor Station C7 Unit Addition projects do not proceed in the required timeframe” (Response to CER 2.4 in Nova Gas Transmission Ltd. (NGTL) (2019)EDML Project_Response to CER IRs No.2 - A6Z8F0)

The Project as proposed involves construction of approximately 85 km of 48 inch pipeline in two sections and facilities include valve sites and pipeline tie-ins to an existing system (NOVA Gas Transmission Ltd. (NGTL) 2019a, i). The proposed Project is to be located in Clearwater County and Yellowhead County near the Town of Rocky Mountain House in Alberta. The Project application involves the following main components and sections (NOVA Gas Transmission Ltd. (NGTL) 2019a, i, 1–1; 2019b, i):

• 85 km of 1,219 mm (NPS 48) pipeline loops in two sections:

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o Edson Mainline Loop No. 4 Alford Creek Section- 45 km o Edson Mainline Loop No. 4 Elk River Section - 40 km ; • Associated control valves, mainline valves, and a receiver facility2; and • Temporary infrastructure likely including: access roads, borrow pits/dugouts, stockpile sites and contractor yards.

The area required for the construction and operation of the Right of Way (or “Project Development Area”) for each section is expected to be up to 75 m wide but this will be confirmed and refined through further detailed engineering and design (NOVA Gas Transmission Ltd. (NGTL) 2019b, i). Figure 1 below depicts the Project Development Area within SCN traditional territory.

Figure 1 SCN Report Study Area

2 The Alford Creek Section will require new mainline block and crossover valves and receiver facilities (NOVA Gas Transmission Ltd. (NGTL) 2019b, 1–1)

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1.3 METHODS

Overview of Methods

Methods employed for this analysis followed those outlined in the SCN CEA Report and are provided in detail in Appendix A. As with the previous report the authors have used the enabling factors approach for cumulative effects assessment which examines the factors required to enable the full practice of SCN rights and interests within SCN traditional territory. SCN has found the Project contribution approach to cumulative effects assessment problematic as the “Project contribution” approach inappropriately asserts that the significance of cumulative effects can be estimated in relation to the proportion of Project contribution toward total cumulative effects. The appropriate measure is in fact the total sum of all cumulative effects on each value from all sources, and whether they are acceptable/manageable for sustaining the resources required for the practice of SCN rights and interests. Critical factors encompass a suite of interconnected tangible and intangible resources that underlie the meaningful practice of Aboriginal rights and exercise of title. Any negative influence on any of these “enabling factors” is arguably an adverse impact on SCN citizens’ meaningful practice of Aboriginal rights.

For the purposes of this assessment, the following rights “enabling factors” were considered: • Healthy populations of fish, game and culturally important plants in preferred harvesting areas; • Ability to maintain traditional land tenure and governance systems; • Clean and plentiful water from natural sources on the land; • Adequate, safe and well-known routes of access and transportation; An adequate land base within which to pursue seasonal rounds; Freedom from competition for access to and harvesting of resources; Confidence in the quality of country foods; • Healthy cultural and spiritual relationships with the land; • Abundant berry, other food crops and medicines in preferred harvesting areas; • Adequate experience of remoteness and solitude on the land; • Adequacy of – and access to – known and preferred habitation sites on the land; • Feelings of safety and security on the land; • High levels of traditional knowledge of specific locations and ability to pass this knowledge on across generations; • A relatively unchanged visual landscape; • A relatively “natural” non-visual sensory environment, including smell, taste, and noise sensory conditions; and • Reasonable access to lands and resources accessible within constraints of time and cost (Whittaker, Dimmer, and MacDonald 2019, 19).

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Project Affected Area, SCN identified Environment, Wildlife, Water and Fish, and Culture and Heritage. Within these themes fall the following values:

Environment: • Culturally Important Plants • Wetlands • Fish and Fish habitat

Wildlife: • Grizzly Bears • Moose • Elk • Caribou • Migratory Birds • Hunting and Wildlife Habitat Fragmentation

Sense of Place and Cultural and Heritage Resources: • Samson sense of place in the Eastern Slopes • Culture and Heritage Resources

A Samson Cree VC will be considered to be in a pre-existing state of significant adverse effects if one or more of the following applies: • The stock and/or health/status trend for that VC within SCN traditional territory has noticeably declined between 1900 and today; or • The stock or health status is below a threshold identified as adequate to sustain the associated SCN rights; or • Those declines have created heightened vulnerability for that VC and related SCN values, rights and activities; or • SCN members report that these declines have adversely impacted on their ability to meaningfully practice their Treaty rights (Whittaker, Dimmer, and MacDonald 2019, 19).

Temporal and Spatial Boundaries

Good practice of cumulative effects assessment requires consideration of impact causing agents (stressors) casting back in time to a reasonable and meaningful baseline, preferably before major anthropogenic changes to the landscape began. Each Valued Component has its own temporal backcast, based on data availability and consideration of the time frame when large scale anthropogenic changes began to impact on the Valued Component. For example, in relation to sense of place, while changes started to occur to

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Samson Cree traditional territory prior to the 1880s, rapid changes began after 1905 and spatial data for these changes also became more readily available after this date. Due to the data limitations, a qualitative narrative of change, can be provided for a longer timeframe than the quantitative picture of that change; both are integrated herein.

The forward-looking portion of this CEA examines likely total cumulative effects in the future case against SCN’s aspirations and expectations, especially in relation to the ability to effectively utilize a larger portion of traditional territory and for future generations to be able to meaningfully practice SCN’s Inherent and Treaty No. 6 Rights and Interests. In addition, all possible factors should be considered, within reason and constraints of this project scope, when considering change over time for VCs – including human activities and even small incremental changes that are not normally subject to Environmental Assessment (for example, forest harvesting cutblocks and small mine permits). Where possible, research related to climate change impacts on VCs was found and incorporated.

Spatial boundaries are captured in Table 1 and include the Alberta designated Green Zone found within SCN traditional territory (See Figure 1). (Samson Cree Nation 2009; Whittaker, Dimmer, and MacDonald 2019). In 1948, lands in Alberta were designated into two zones for the purposes of land-use decisions, the Green Zone and the White Zone. The White Zone primarily consists of private land holdings, while the Green Zone is predominantly provincial Crown lands (Forcorp Solutions Inc. 2012, 2)Due to the widespread impacts connected to SCN Sense of Place and Culture and Heritage Resources the entirety of Samson Cree traditional territory was used. Where appropriate, Project interactions within the Project footprint or Project Development Area (PDA) are discussed.

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Table 1 Regional Study Areas for Value Themes Value Theme Regional Study Area Environment Alberta Green Zone within SCN traditional territory (reference to Proponent analysis is primarily in the Project component Local Assessment Areas).3 Wildlife Alberta Green Zone within SCN traditional territory (reference to NGTL analysis is primarily in the Project component Local Assessment Areas and Regional Assessment Area) Sense of Place and Cultural and Heritage Resources Samson Cree Nation traditional territory and Green area within SCN traditional territory

Spatial Analysis Methods

To spatially assess the cumulative effects of anthropogenic disturbance within Samson Cree traditional territory, data was acquired from multiple sources: • Anthropogenic disturbances - Alberta Biodiversity Monitoring Institute’s (ABMI) Wall-to-Wall Human Footprint Inventory (HFI) 2016 Dataset (note; linear features were represented as centrelines and polygons); • Pipeline data - Alberta Energy Regulator (AER); • Residential areas, federal lands, and provincial lands - Altalis’ Geo- administrative Areas dataset; • Wildfire and grizzly bear - the Alberta Government; and • Forest cover data - White et. al. (2017) cover to cover dataset, including change in forest cover over time between 1985 and 2011.

Once datasets were gathered, they were clipped to their respective spatial boundaries. To reduce processing time, all anthropogenic disturbance data was evaluated across the Green Area that falls within SCN traditional territory. Geo-administrative data and forest cover data were evaluated across SCN traditional territory.

Linear density in the Green Area was calculated using the roads, seismic lines, transmission lines, railways and pipelines (See Table 3). Seismic lines were broken down into low-impact, pre-low-impact and seismic trails. Pipelines were broken down by year (1900, 1900-1960, 1900-2019) in order to evaluate linear density over time. The remaining linear features were not broken down by year because of gaps in the available datasets.

Polygonal disturbance in the Green Area was calculated using the harvest areas, wellsites, industrial areas, and mines from the HFI 2016 dataset. The linear disturbance features were buffered at 500 meters in order to quantify lands available for traditional use greater than 500 m from disturbance and to be included in the polygonal disturbance calculations (see Table 4). Polygonal disturbance was calculated for each individual disturbance at different temporal intervals, in order to assess the change in disturbance over time. Wildfires were also included as a polygonal disturbance, although it was not distinguished whether they were naturally or anthropogenically caused. Finally, three

3 In the Project application and ESA the proponent refers to LAA – Local Assessment Area and RAA – Regional Assessment Area.

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combined polygonal disturbances calculations were conducted, accounting for different temporal boundaries for forest harvesting and wildfires.

A few additional calculations were conducted to evaluate the number of stream crossings that overlap with disturbances, as well as a calculation for forest cover loss as a result of wildfire or harvesting between 1985 and 2011 within SCN traditional territory.

The results of these calculations were compiled into Table 4, Table 5, and Table 6 and map representations of the results can be seen in Figure 2, Figure 3, Figure 4, Figure 5, Figure 6, and Figure 7.

Overview of Cumulative Effects in Samson Cree Nation Traditional Territory

Table 2 (as provided in the SCN CEA Report Whittaker, Dimmer, and MacDonald 2019, 23) provides a timeline of key events related to the cumulative effects experienced by SCN members today. An in depth discussion and spatial analysis of the alienation of Crown Lands is provide in section 3 along with an overview of pressures and reasonably foreseeable future developments.

Table 2 Timeline of Cumulative Effects in Samson Cree Nation Traditional Territory Timeline of Cumulative Effects in Samson Cree Nation Traditional Territory Late 1700s – Early 1800s: Fur Trade Era

1795 – 1799 Fort Edmonton (1795), Fort Augustus Samson Cree Nation (Rocky Mountain Cree) (1795), Rocky Mountain House (1799), and Ancestors follow a seasonal round through the Acton House (1799) Fur trading posts foothills of the Rockies and the prairies, reliant on established in Samson Cree Nation bison, moose, and elk. Also trapped for the fur trade. traditional territory.

Early 1800s Samson Cree Nation Ancestors the Rocky Mountain Cree are hunting, trapping, and travelling in the foothills of the Rocky Mountains and actively participating in the Fur Trade.

1820s Escalating conflict with the Blackfoot.

Late 1830s Smallpox Epidemic ravages the plains – many Samson ancestors avoid the epidemic by retreating further into the woods in the foothills avoiding the ravages of the disease on the plains. Populations of other Nations seriously impacted.

1840s First Christian missionaries arrive on the plains in SCN traditional territory.

1860s- 1900: Bison Decline, Treaty, Residential School

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1869 Maskpetoon, principle chief of the Crees, Following signing of Treaty 6, Government policy important ancestor of Samson Cree, killed restricts Samson Cree Nation movement within their by the Blackfoot. territory. Despite colonial controls SCN members continue to practice traditional harvesting, maintain 1870 Rocky Mountain House (Fur Trade Fort) their culture, and maintain stewardship of lands and closes. resources on and off reserve wherever possible.

1874 North West Mounted Police enter SCN traditional territory.

1860 -1880 Decline and effective extirpation of the Buffalo from SCN traditional territory.

1876-77 Treaty 6 is signed.

1880s First grazing leases issued in the Northwest Territories (including Alberta).

1885 Samson Cree Reserve surveyed and established.

1885 Pass System Implemented – Monitoring and restricting SCN member movements off reserve. Pass system would remain in place for ~ 60 years.

1891 Residential School – Ermineskin Roman Catholic Boarding School opened.

1893 Name change by government from Peace Hills/Bear Hills to Hobbema.

1896 Pigeon Lake Indian Reserve No. 138A fishing station reserved.

1900- 1930: Rapid expansion of settlement and early industry

1890-1900s Amendments to Indian Act make SCN Development and further policy emerge restricting members subject to territorial game laws and SCN practice of rights and cultural values including later provincial game laws. restrictions on ceremonial practices that reinforce and connect communities. 1900 -1910 Early Settlement, Alberta established as a province (1905), with rapid pre-emption and privatization of lands in Alberta by 1908 for settlement and agriculture.

Early 1900s First Oil well in 1902 and first gas wells ~ 1910.

1903 Fire suppression starts in SCN traditional territory with Dominion appointment of 4 Fire Rangers in Alberta.

1910s Railway expansion in Alberta including extension from Edmonton to Edson in 1911.

1930 to present - A time of change: regulation, agriculture, forestry, and oil and gas

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1930 Natural Resources Transfer Agreement – Following transfer of jurisdiction over natural transferring jurisdiction of natural resources resources to the Province of Alberta rapid to the province of Alberta from the Federal development commences of forestry and oil and gas government. leading to the cumulative effects experienced by SCN members today. 1930 First Forestry Cutblocks harvested in Alberta 554 ha.

1930s Expansion of Oil and Gas.

1930s Expansion of road networks.

1941 – 1942 Registered Trapline system established restricting SCN trapping.

1955 First Forest Management Agreement Area in province (995,400 ha).

1960s Expansion of oil and gas pipelines in the province (> 20,000 km by 1963).

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2. LOSS AND ALIENATION OF CROWN LANDS (SPATIAL ANALYSIS)

As shown in Table 2 Timeline of Cumulative Effects in Samson Cree Nation Traditional Territory, substantial colonial and landscape changes have occurred in SCN traditional territory over time. The eastern slopes and foothills or the Green Zone in SCN traditional territory (See Figure 1) encompass critical remaining areas for SCN citizens’ practice of Treaty rights and traditional purposes and continue to be used by SCN citizens today. Of critical note is that this area holds what limited Crown lands remain in SCN traditional territory (Samson Cree Nation 2009; Whittaker, Dimmer, and MacDonald 2019). In 1948, lands in Alberta were designated into two zones for the purposes of land-use decisions, the Green Zone and the White Zone. The White Zone primarily consists of private land holdings, while the Green Zone is predominantly provincial Crown lands (Forcorp Solutions Inc. 2012, 2).4 Green Zone areas are therefore critical to SCN practice of Treaty rights and traditional purposes, given that lands in the White Zone are predominantly private land. 207,002 km2 of land within SCN traditional territory has been designated as part of the White Zone, with only 62, 546 km2 designated as part of the Green Zone. Figure 2 shows permanently converted lands within SCN traditional territory (not available for the practice of Treaty rights and traditional use), which demonstrates that the majority of SCN traditional territory has been alienated through the privatization of land.

The amount of areas of SCN traditional territory where members can retain their critical connection to land and can pass on their traditional knowledge has shrunk massively since approximately 1900. Consider the following:

• % of Samson Cree traditional territory that is in the form of Samson Cree Reserve lands: o SAMSON 137, SAMSON 137A and PIGEON LAKE NO 138A: 155.40 km2 o Total Samson Cree Traditional Territory: 311,446.75 km2 o % of Samson Cree traditional territory in the form of reserve lands: 0.037% • The amount of SCN traditional territory converted to private land has increased dramatically, with lands designated as part of Alberta’s White Zone (freehold) representing 207,002 km2 within SCN Traditional Territory or ~ 66% compared to the ~1.86% designated for freehold in 1881.

4 Both of these zones exclude federal Crown lands (See “General Boundary Information - Sustainable Forest Management 2015 Facts & Statistics” 2017)

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Figure 2 Permanently Converted Lands within Samson Cree Nation traditional territory and Alberta Green and White Zones.

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Figure 3 Linear Disturbance within the Alberta Green Zone in SCN Traditional Territory

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Figure 4 Non-Linear (Polygonal) Disturbance in the Alberta Green Zone within SCN Traditional Territory

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Figure 5 Combined Disturbance within the Alberta Green Zone within SCN Traditional Territory

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• Remaining territory within the Green Zone has been bisected by thousands of kilometers of roads and other forms of linear density (See Error! Reference source not found. and Figure 3).5 • Lands have also been impacted by polygonal or non-linear disturbance (i.e. mines, wellsites, industrial sites etc.) in addition to linear disturbance ( See Table 4 and Figure 4). • Only 62,546 km2 of land is designated as part of the Green Zone within SCN Traditional Territory, of this 54, 161 km2 is alienated from SCN members due to disturbance or 86.6% of SCN Traditional Territory in the Green Zone ( See Table 4 and Figure 5).

Based on the data reviewed, it is apparent that only 13.4% (8,385 km2) of SCN Traditional Territory within the Green Zone remains provides sufficient resources and the conditions required for the practice of Treaty Rights and traditional use. Present and future stressors therefore threaten to alienate SCN members from these highly valuable and critical remaining areas. It is important to note, that the Project, if approved, would represent an additional alteration of the Green Zone. The Elk River section is located completely on Green Zone Crown lands (NOVA Gas Transmission Ltd. (NGTL) 2019d, 2.8) while the Alford Creek Section is located on both Green Zone Crown lands 94% and White Zone freehold (6%) lands (NOVA Gas Transmission Ltd. (NGTL) 2019d, 2.9).

Table 3 Linear Disturbance within the Alberta Green Zone in SCN Traditional Territory Disturbance Length of linear Linear disturbance Time period. disturbance (km) density (km/km2) Of Data

Roads 32,504 0.52 Current

Low Impact seismic 1748 0.03 Current

Pre-low impact seismic 104,194 1.67 Current

Seismic trails 40,165 0.64 Current

Seismic lines total 146,108 2.34 current

Transmission Lines 1874 0.03 Current

Railways 461 0.01 Current

Pipelines 2 3.74E-05 1900

Pipelines 1225 0.02 1900 - 1960

Pipelines 61573 0.98 1900 – 20191

Combined Linear Disturbance (Transmission 242,506 3.88 Current Lines, Railways, Seismic Lines, Roads, Pipelines)

5 SCN considers any lands within 500 m of a disturbance as functionally alienated.

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1 - 415 pipeline features did not have Last Occurrence/ Year dates available. They were included in the cumulative pipeline length from 1900-2019. Table 4 Non-Linear (Polygonal) Disturbance in the Alberta Green Zone within SCN Traditional Territory Disturbance Area of polygonal Polygonal Time period disturbance (km2) disturbance density (km2 / km2) Forest Harvest 0.89 1.42E-05 1920 Areas1

Forest Harvest Areas 413 6.61E-03 1920 - 1960 Forest Harvest Areas 10,079 0.16 1961 - 2016 Forest Harvest Areas 10,492 0.17 1900 - 2016 Abandoned 0.13 2.15E-07 1908 Wellsites2 Abandoned Wellsites 10 1.15E-04 1908 - 1960 Abandoned Wellsites 114 1.83E-03 1908 - 2016* Active Wellsites 7.84E-03 1.25E-07 1952

Active Wellsites 25 3.92E-04 1952 - 1960 Active Wellsites 273 4.37E-03 1952 - 2016 Active and 0.13 2.15E-07 1908 Abandoned Wellsites Active and 34 5.48E-04 1908 - 1960 Abandoned Wellsites Active and 387 6.19E-03 1908 - 2016 Abandoned Wellsites Industrial Areas 84 1.34E-03 Current Mines 0.33 5.31E-06 1950 Mines 0.36 5.73E-06 1950 - 1980 Mines 138 2.20E-03 1950 - 2016 Wildfires 23 3.8E-04 1931 Wildfires 5,149 0.08 1931 - 1960 Wildfires (40 years) 4,544 0.07 1978 - 2018

Wildfires 12,042 0.19 1931 - 2018 Combined Polygonal 54,161 0.87 Current and Buffered Linear Disturbance and Fires (Fire year == 1978 - 2018)3 1 – Forest Harvesting Areas are where forestry operations have occurred (clearcut, selective harvest, salvage logging, etc.) 2 – Abandoned wellsites are defined as ground cleared for an oil/gas well pad where the well is currently abandoned 3 - (Seismic Lines buffered 500m, Transmission Lines buffered 500 meters, Railways buffered 500 meters, Roads buffered 500 meters, Pipelines buffered 500 meters, Harvest Areas: year == 1961 - 2016 and buffered 500 meters, Cultivations buffered 500 meters, Abandoned Wellsites buffered 500 meters, Residential Areas buffered 500 meters, Active Wellsites buffered 500 meters, Industrial Areas buffered 500 meters, Mines buffered 500 meters, Reservoirs buffered 500 meters, Fires:

Forestry SCN members have expressed concern over the degree of deforestation in preferred harvesting areas due to industrial forestry operations in the region. According to the Project ESA, forestry is the largest contributor to ongoing alteration of vegetation, alteration of wildlife habitat, and interactions for traditional land and resource use (TLRU) in the RAAs identified by NGTL (NOVA Gas Transmission Ltd. (NGTL)

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2019b, v, vi). Forest harvest areas within the Green Zone in SCN Traditional Territory occur throughout this area and are depicted in grey in Figure 4. Non-linear disturbance from Forest Harvest Operations occurring since 1961 represent 10, 079 km2 within the Green Zone of SCN Traditional Territory (or ~16%). Forest Cover Loss from Forest Harvesting in all of SCN Traditional Territory (White and Green Zones) represent a conservative loss of 6,561 km2 (loss could represent up to 7,328 km2 if low confidence data is considered, See Table 5).

Table 5 Forest Cover Loss from Harvesting in SCN Traditional Territory Feature Area of Loss (km2) Time period

Forest cover loss: 6,561 1985 - 2010 Harvesting (km2)

Forest cover loss (low 767 1985 - 2010 confidence harvesting) (km2)1 1 - confidence is inversely related to the amount of missing data before, during, and after the change event.

Oil and gas Oil and Gas has expanded in the Green Zone of SCN Traditional Territory since the 1960s. Error! Reference source not found. shows the increase in pipelines in this area with 2 km in 1900, 1,225km by 1960, and 61,573km by 2019. Figure 6 and Figure 7 depict the expansion of pipelines in SCN Traditional Territory in the Alberta Green Zone. Wellsites have also increased in the Green Zone within SCN traditional territory. Active and abandoned wellsites represented 34 km2 within the Green Zone in SCN Traditional Territory pre-1960, while current data now has this area as 387 km2 (See Table 4).

Agriculture and grazing leases The White Zone within SCN Traditional territory consists of 117,683 km2 of agricultural land (depicted in Figure 2). In addition to private lands, grazing leases are provided on public land (including within the Green Zone). Today Alberta has 5,700 grazing leases covering an estimated 5.2 million acres (2.1 million hectares)(Alberta Grazing Leaseholders Association 2019)

Reasonably foreseeable future stressors: Reasonably foreseeable stressors include environmental and human-induced stressors. In addition to human pressures, it is anticipated that there will be increasing environmental stressors (non- human) including climate change.

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Figure 6 Pre-1960 Pipelines located in the Green Zone within SCN Traditional Territory

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Figure 7 Current Pipelines within the Green Zone of SCN Traditional Territory

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Population and Urbanization

Population projections have not been updated/altered since the SCN CEA Report. No new data disputes the 2019 prediction by the Government of Alberta that urbanization will increase in the Urban Corridor between Calgary and Edmonton by 2046 (projection of 8 out of 10 Albertans residing in this area) (Whittaker, Dimmer, and MacDonald 2019; Government of Alberta 2019). Population growth in these regions will place additional stress on local agricultural and energy resources.

Climate Change and Fires

SCN members are concerned with existing and potential future impacts from both climate change and fires. The recent Canada’s Changing Climate Report (CCC Report) identified that the Prairie Provinces (including Alberta) annual mean temperature has, “increased by 1.9°C over the period 1948–2016, at a rate above that for Canada as a whole” (Bush et al. 2019, 440) It is projected that by the end of the century, Alberta’s climate will increase by 4.2°C, and will be increasingly dry, especially in the summer months (Schneider 2013). There will subsequently likely be an increase in extreme weather events including droughts, forest fires, fluctuating precipitation patterns and flooding risks, and severe storms.

Wildfires have impacted forest cover in SCN Traditional Territory. The most recent data available indicates a conservative forest cover loss of 3, 669 km 2 within SCN Traditional Territory (loss may be up to 3,919 km 2 if low confidence data is considered, see Table 6). This is likely to increase in future given current climate change predictions. The CCC Report has identified that in the prairie provinces, “Warming has led to an increased probability of extreme fire weather conditions in parts of western Canada, which are associated with wildfire occurrence, such as the 2016 Fort McMurray wildfire”(Bush et al. 2019).

Table 6 Forest Cover Loss Due to Wildfire within SCN Traditional Territory Feature Area of Loss (km2) Time period

Forest Cover Loss: 3,669 1985 - 2010 Wildfires (km2)

Forest Cover loss: 250 1985 - 2010 Wildfires (Low confidence) (km2)1 1 - confidence is inversely related to the amount of missing data before, during, and after the change event.

Forseeable Future Projects

The Project ESA (See Tables 4-3 and 4-4 in NOVA Gas Transmission Ltd. (NGTL) 2019e) lists a number of projects anticipated to be constructed within 50 km of the Project area including: • NGTL 2021 System Expansion Project – addition of new pipelines and compressor stations between Grande Prairie and Rocky Mountain House

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• Clearwater West Expansion Project, Wolf Lake CS Unit Addition - 85 km west of Drayton Valley • Wolf Lake Sales Receipt Meter Station - 85 km west of Drayton Valley • Tidewater TransAlta Natural Gas Pipeline - located in Brazeau County, Parkland County, and Yellowhead County • Brazeau Pumped Hydro Project - 55 km southwest of Drayton Valley • Prairie Mines & Royalty ULC – Coal Valley Mine – 100 km south of Edson • Operations under ongoing Forest Management Agreements including West Fraser Mills Ltd. (Edson) , Weyerhaeuser Company Limited (Pembina Timberlands), and Sundre Forest Products Inc.

In addition, while not include in the Project’s ESA, the NGTL 2021 Expansion ESA did note an additional 300 ha of disturbance over 25 years from future NGTL compressor additions and meter station projects (NOVA Gas Transmission Ltd. (NGTL) 2018)

3. UPDATE TO THE STATUS AND HEALTH OF VALUED COMPONENTS OF CONCERN: ENVIRONMENT

3.1 CULTURALLY IMPORTANT PLANTS

The Importance of Culturally Important Plants to SCN

The diverse array of plants considered culturally important by SCN members include food plants such as roots and berries, as well as medicinal and spiritual plants.6 Culturally important plants are critical to SCN rights as they provide key sources of sustenance, sustain related cultural practices (e.g. ceremonies) and knowledge, and nurture the health and spiritual lives of SCN members. As documented in SCN’s cumulative effects assessment for NGTL’s 2021 pipeline project, plants collected from areas near the Project are especially important and sensitive as there are very few intact and accessible areas remaining for plant collection given the extensive impacts in the Green Zone of SCN traditional territory from a range of stressors (Whittaker, Dimmer, and MacDonald 2019;). Analysis for this VC is done at the scale of the Project footprint, and the Green Zone within SCN traditional territory.

SCN culturally important plants are often found in sensitive ecosystems, such as wetlands and riparian areas, and in ecosystems that are increasingly rare, such as native grasslands

6 It is important to note that knowledge regarding specific medicinal and ceremonial plants, including harvesting locations and detailed species information, is carefully protected in Cree tradition and is generally shared only under specific conditions and with specific cultural protocols. As such, the information shared by SCN knowledge holders for this study should be considered preliminary and open to additional elaboration and clarification by SCN experts and based on appropriate SCN protocols.

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and mature forests (e.g. moss and fungi), and further impacts in these ecosystem types are especially concerning to SCN. Wetland cumulative effects are considered as a separate valued component (section 4.2) and grassland status is discussed in relation to migratory birds (section 5.3).

Berries, which are preferentially harvested in areas free of industrial disturbance, are especially culturally significant as they offer “a direct connection to the lands and the creation story of the Indigenous Cree Peoples” (Samson Cree Nation 2015b). A recent SCN traditional use study notes that several important berry species that are commonly harvested in the Eastern Slopes region, including blueberries, chokecherries, cranberries, raspberries, and saskatoons (Tam and Firelight Research Inc. with the Samson Cree Nation 2019).

Current Status of Culturally Important Plants and Causes of Change

As documented in Tam et al. (2019), culturally important plants and SCN members’ associated rights are already impacted by existing cumulative effects in SCN traditional territory and areas near the Project. Landscape changes have made culturally important plants more difficult to find. Many historically preferred harvesting areas have been lost entirely to development and land conversion and other areas have been encroached by oil and gas infrastructure and agricultural use and are not used by SCN members because of contamination concerns. SCN members report that they need to travel further to find accessible, harvestable resources, and that abundance and diversity of culturally important plants has declined (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015).

According to the proponent’s assessment, past and existing disturbances affect approximately 36% of the Elk River LAA, and 38% of the Alford Creek LAA (Edson Mainline ESA pages 6.9 and 6.36, respectively).

The pre-industrial and pre-settlement baseline condition saw SCN members enjoying largely unfettered access to healthy culturally important plants in intact ecosystems in the Project area. As a result of the expansion of industrial resource development (forestry, mining, oil and gas), agricultural land use, and settlement in SCN traditional territory (including in the green area and Project area; see Figure 3 for Linear Disturbance and Figure 4 for Polygonal Disturbance), native ecosystems supporting culturally important plants have become degraded or lost entirely. For example, old and mature forests relied on for berries and medicines have been logged and replaced by younger, managed stands of low diversity; large areas of native grasslands that once supported many medicinal herbs have been converted by the agricultural sector to cropland or grazing pasture; and many wetlands have been drained by agricultural land users and private property owners, or dried as a result of adjacent land clearing.

The following list summarizes key factors that continue to degrade the status of culturally important plants in SCN traditional territory, including within the Project footprint:

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• Permanent and ongoing land conversion to non-native cover types resulting in dramatic reduction in native plant biodiversity. • Forestry conversion of diverse mixed-wood forests into even-aged stands with low diversity and very low representation of mature forests. Spatial analysis conducted for this report determined that 10,492 km2 of the Green Area was harvested for timber between 1900 and 2016 (in SCN traditional territory, the Green Area accounts for 62,546 km2). In SCN traditional territory, forest harvesting resulted in 6,561 km2 of lost forest cover between 1985 and 2010 alone. • Habitat loss and fragmentation: in addition to forest cover change and land conversion, a high density of roads, pipelines, transmission ROWs, and other linear features reducing health of ecosystems and culturally important plants. Based on SCN’s spatial analysis, current linear density in the Green Area is 3.88 km/km2. • Invasive species: with reclamation and recovery of linear disturbances using non- native seed stocks, livestock grazing and increased road traffic, invasive plants move more easily into natural edges and habitat, altering native plant communities, including culturally important plants. • Agricultural land use and conversion, and livestock grazing impacts in native plant habitat. Cropland currently accounts for 127,899 km2 of land cover in SCN traditional territory. • Climate change and associated changes to ecosystems, including drying of wetlands and increased forest fire frequency. • Spraying and herbicide or pesticide treatment on linear features, cutblocks, or agricultural land. • Localized spills and contamination, including pipeline incidents.

The conversion of Crown land to private ownership has reduced the amount of land available for SCN members to harvest culturally important plants, especially around the Alford Creek section (see Figure 2) Permanently converted lands). Resource development in remaining Crown land areas has expanded access routes and increased the number of non-Indigenous people in these areas, impacting sense of place and the experience of being on the land in these places to harvest culturally important plants, while simultaneously introducing non-native and invasive species.

Project Cumulative Effects on Culturally Important Plants

The ability of SCN members to access a diversity of plant communities and associated culturally important plants in preferred harvesting areas is already impacted at the current state of the value. Considering current levels of cumulative effects on culturally important plants and habitat in SCN traditional territory, any additional loss or alteration of species and habitat will further impact SCN rights. Due to the sensitivity and/or increasing scarcity of these habitats and associated plants, impacts on culturally important plants will be most severe when they occur in sensitive and/or rare ecosystems such as wetlands, grasslands, and mature forests.

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Project construction and operation in the PDA will result in loss or alteration of 181.1 ha of native vegetation species and ecosystems, including 181.1 ha of upland forest in the Elk River section, and 232.9 ha in the Alford Creek section, for a total of 414 ha. While much of this is anticipated to be revegetated, in SCN’s experience, reclaimed areas do not replace native ecosystems and culturally important plants at reasonable time scales, and often perceptions of contamination limit harvesting. Invasive species are also common at reclaimed sites, and often spread into adjacent native habitat.

The proponent’s assessment states that four areas encompassing up to 5.9 hectares of old seral stage forest would be impacted in the PDA. The amount of old seral stage forest occurring in the RAA is not given; therefore based on information provided it is not possible to quantify project impact on mature forest (i.e. mature forest degraded or lost) as a proportion of total mature forest in the RAA. However, given the high value of mature forests and associated culturally important plants, and the scarcity of these ecosystems across SCN traditional territory due to logging and land conversion, SCN asserts that the Project would result in a significant additional impact on culturally important plants found in mature forests and related SCN rights. This impact must be considered in the context of the already impacted baseline.

The time lag associated with restoring mature forest is approximately 60-80 years, and much longer for old growth (160-180 years) (Morgantini and Kansas 2003). Transmission of knowledge and culture related to the plants associated with mature and old growth forests will be lost after approximately 25 years due to the lack of intergenerational transmission. Based on SCN’s review of the literature and the proposed project, the loss of native medicinal plants found in mature forests should be considered permanent. It is very unlikely that reclamation will result in the recovery for these plants in a manner that would sustain the SCN practice and rights. This has been documented by SCN knowledge in written submissions for other pipeline projects in SCN traditional territory:

“It was explained to study participants that transplanting or reclaiming medicines may not be effective mitigation, because plants gain their potency over time and also based on the ecology that surrounds them and the spirits within the plants lose potency when moved.” (Samson Cree Nation 2015b)

Project cumulative effects on wetlands are discussed in greater detail in section 4.2, and grasslands are discussed in relation to migratory birds in section 5.3. As the proponent’s assessment states that Project construction would result in direct alteration or loss of wetlands, SCN anticipates that Project cumulative effects will result in further impact to SCN culturally important plants found in wetlands and riparian areas where the Project crosses or parallels these ecosystems.

While the Proponent claims wetlands will not incur impacts during the operations phase of the pipeline, SCN members anticipate wetland impacts during this phase, including the introduction of invasive species (likely originating from the right of way and migrating into adjacent wetlands and riparian areas), future pipeline incidents (e.g., ruptures, spills

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during maintenance), and potential loss of productivity. These impacts will add to pre- existing cumulative effects on culturally important plants in the Project area and interact with climate changes causing wetlands to dry.

Summary

Status of VC at pre-industrial baseline (1900 AD): Relatively pristine, mixed-wood upland forest, grassland and wetland complexes with rich cultural plant biodiversity, natural disturbance fire regeneration (frequent fires).

Major causes of change over time: Agriculture, oil and gas development, transportation, expanding settlement areas, linear feature development, poor reclamation standards, and industrial forestry.

Major outcomes of change over time: Within Green Zone, including the Project area, including permanent conversion of land to settlement or agriculture, transportation, linear features, and managed, low diversity forests, among other factors. The diversity of plants for cultural use, and their relative abundance and health, has been declining in recent decades.

Effects on SCN rights practices: Reduced access to and confidence in medicinal and food plants in the Project-affected area.

Significance of change over time in the Pre-Project circumstance: Significantly negative.

Are Project-specific residual adverse effects likely? Yes.

Total cumulative effects loading in the Project Case: Project effects will be significant and adverse. Impacts on SCN rights and cultural practice related to culturally important plants are already significant due to conditions at baseline. Within the context of existing and ongoing impacts, residual Project effects will further erode SCN rights and cultural practice related to culturally important plants.

Total cumulative effects loading (all reasonably foreseeable future stressors): Significant; further studies are required to understand and verify the distribution of vegetation cover and associated CIPs. Project effects will act cumulatively with reasonably foreseeable development, and with changes in the environment, including climate change, ecosystem shifts, and overall drying.

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3.2 WETLAND AND SENSITIVE ECOSYSTEMS

The Importance of Wetlands and Sensitive Ecosystems to SCN

Wetlands provide many important ecological, environmental, and social functions. They provide habitats for fish and other wildlife, organic carbon storage, flood control, water supply and purification, economic production, and soil and water conservation.

SCN considers wetlands to be highly important from both a cultural and ecological perspective (Samson Cree Nation 2019b). Wetlands are rich and productive ecosystems that provide an important source of biodiversity in prairie / grassland ecosystems. It is estimated that wetlands in Alberta host approximately 400 species of plants, some of which are listed as rare, threatened, or endangered in the province (Government of Alberta 2014, p. 4). In the prairies, wetlands are known as the “duck factory” of North America and have been identified as Important Bird Areas, as migratory birds use them as stopovers between breeding areas and overwintering areas (Alberta Biodiversity Monitoring Institute 2015). According to SCN members, many plants and animals that are culturally important and harvested by SCN are found in abundance within wetlands, wet draws in grassland areas, and in riparian sloughs, including medicinal plants (mosses, teas, other medicines), a variety of berries (e.g., chokeberries, saskatoon berries, strawberries, gooseberries, and blackberries), fish, waterfowl and other migratory birds (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015, 26) (see also section 5.3):

Most of our food came from the river—in the summertime, the fish, ducks— springtime, we collected duck eggs, you know? And the sloughs along the river, they got wild game, and I know in the sloughs—my mom used to go pick up peat moss, and that used to be used for the kids' diapers. So, our—I tell my kids today, my grandchildren, that used to be our mall! That's where we'd go shopping! For food, for medicine—a lot of herbs, different kinds of herbs, of course, sweetgrass, that we'd obtain from the river... (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015, S09)

Participants identified key berry-picking locations associated with wetlands particularly in the vicinity of Nordegg, Smallboy Camp, Grand Prairie, and Edson. Plants picked at these locations include gooseberries, saskatoon berries, chokecherries, blueberries, wild onions, as well as a variety of medicinal plants (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). For example, an SCN knowledge holder notes the high- quality berry picking along Nordegg River:

And a lot of stuff, like berries. Like gooseberries, they’re just hanging down like this. And even along Nordegg there they had a whole bunch of berries, a lot, saskatoons, chokecherries, and gooseberries. It was just awesome, you know, just to look around and you just see all this and it’s just so beautiful,

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huh? (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S20)

SCN members have also noted the importance of wetlands for rejuvenating the land, “Wetlands are necessary for Mother Earth to Heal” (Samson Cree Nation 2019b). Recently, in relation to NGTL’s 2021 pipeline project, SCN members were concerned that project effects would impact water filtration, the healing capacity of wetlands, culturally important plants, and local animal populations, and how impacts to wetlands would alter water courses, flood patterns and water levels, loss of animals in the area, and impacts to culturally important plants (Samson Cree Nation 2019b).

Current Status of Wetlands and Degree of Change Over Time

At a provincial scale, wetlands cover approximately 20 percent of Alberta’s surface area, greater than 90% of which are peatlands (primarily bogs and fens). Ducks Unlimited asserts that approximately 64% of Alberta’s wetlands have been lost or degraded in settled areas of Alberta since pre-industrial times, largely as a result of residential and commercial development, and resource extraction.7

According to the Project ESA, wetlands in the Elk River section cover 18.1% (194.8 ha of 1,077ha) of the LAA and 22.8% (66.6 ha of 292.3 ha) of the PDA. In the Alford Creek section, wetlands cover 55.8 ha (4.5%) of the LAA and 13.8 ha (4.1%) of the PDA. In the Elk River LAA, wooded coniferous swamps are the dominant wetland type representing 61.4% wetland cover (119.7 ha of 194.8 ha total).8 According to the ESA (section 6.2.2.1, p6.9), wooded coniferous swamps in the LAA are “dominated by white spruce, black spruce, willows, green alder and wolf willow. Balsam poplar is also a common component… A smaller area… [is] dominated by black spruce, tamarack, Labrador tea, green alder, paper birch, bog birch (Betula glandulosa), willows (Salix spp.) and sedges (Carex spp.).”

The Elk River and Alford Creek sections occur in the North Saskatchewan River watershed, and in the Lower and Upper Foothills Natural Subregions of Alberta. Based on the Project ESA (section 6.2.2.1), wetlands cover roughly 35% of the Lower Foothills Subregion, “with the most common wetland types being poor to rich fens dominated by black spruce, tamarack, shrubs and herbs on low wet sites” (p 6.8). Wetlands cover roughly 30% of the Upper Foothills Subregion, “with fens and bogs being the most common wetland types dominated by black spruce, tamarack and a variety of shrubs, forbs and graminoid species” (p.6.8-9).

According to the Project ESA, existing disturbances cover 35.9% of the Elk River LAA, including land classified as industrial (bare and vegetated), cutblock, road/railway, and cultivated (ESA Table 6-3, p6.10). For the Alford Creek section, existing disturbances cover 38.4% of the LAA, and in addition to disturbance types occurring in Elk River,

7 Ducks Unlimited estimation of wetland loss. https://www.ducks.ca/places/alberta/ 8 Shrubby fens (FS) are the next most common wetland type in the Elk River LAA, representing 21.3% (or 41.1 ha of 194.8 total) of wetlands in the LAA.

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hayland/pasture and rural residential are also present. At the subregional level, in addition to existing cumulative effects, Whittaker et al. (2019) note that six pipeline sections of NGTL’s 2021 System Expansion project would intersect the Lower Foothills Subregion, with two intersecting the Upper Foothills.

In section 6.6.3.1, the Proponent lists future foreseeable projects in the RAA that may affect wetlands, including “ongoing forestry by FMA holders (i.e., Weyerhaeuser Company Ltd. (Pembina Timberlands), West Fraser Mills Ltd. (Edson), and Sundre Forest Products Inc.) and NGTL’s 2021 System Expansion Project.” (p 6.101) This assessment is limited and fails to consider other variables that will influence the regional landscape in the future such as the effects of climate change (higher temperatures and less precipitation), urban and residential expansion, future agriculture, and other land and resource use.9

Figure 3 and Figure 4 (linear and polygonal disturbance) show that the landscape surrounding the Project is already highly altered. Existing impacts continue to interact with wetlands in the RAA, LAA, and PDA (Figure 6-1, Elk Creek section, shows that the pre-existing pipeline ROW intersects or parallels numerous wetland systems).

Cause of Change in Wetland Health Status

An estimated 60-70% of wetlands have been lost in southern Alberta (Alberta Biodiversity Monitoring Institute 2015). Current annual rate of wetland losses in the province is estimated at 0.3-0.5%. Wetlands have been lost and degraded due to human development, activity and expansion. The biggest impacts have been from agricultural and urban expansion, forestry, oil and gas exploration and development, and mining. These activities both directly and indirectly impact wetlands. These industries have led to wetland loss and degradation, as they alter wetland “conditions and functions through fragmentation and disruption of natural hydrological pathways” (Government of Alberta 2014, p. 5). It is estimated that Alberta has lost two thirds of its wetlands in the settled areas of the province, and these losses have not slowed down. In Crown lands and natural areas, wetland losses and impacts are also occurring, but the extent is not entirely clear (Government of Alberta 2014, 5).

SCN Knowledge holders also noted a drying of wetland ecosystems and that lower water levels are impacting on medicines:

Last year we did not find any rat root, we dug and dug but we did not find any and the areas where we used to get it were all dry (Samson Cree Nation 2019b).

Careful consideration of mitigations is required that will reduce the effect of this loss in a regional context. SCN refers to Alberta’s Wetland Policy which strives to protect

9 A modeled cumulative effects assessment using ALCES determined, based on a “business-as-expected” scenario, predicted that the human disturbance level in the North Saskatchewan River watershed will increase from 45% (current) to over 90% within 100 years (NSRA 2009: 15), and “wetland loss resulted in values well below the [North Saskatchewan Watershed Alliance] thresholds identified in the NSWA’s State of the North Saskatchewan Watershed Report (2009) and continued to be a serious concern in all scenarios”.

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wetlands of the highest value, to conserve and restore wetlands in areas of high loss, to avoid and minimize negative impacts to wetlands and, where necessary, to replace lost wetland value. Where development activities have the potential to impact wetlands, the wetland policy promotes avoidance and minimization, as the preferred courses of action. Where impacts cannot be avoided or minimized, and permanent wetland loss is incurred, wetland replacement is required. The amount of wetland replacement required will reflect differences in relative wetland value (Government of Alberta 2014).

Project Cumulative Effects on Wetlands

The baseline description of wetlands above identifies that wetlands in the vicinity of the Project have already experienced losses that may be up to 60%. In the assessment of residual effects, the Project ESA notes that 66.6 ha (34.2%) of wetlands in the Proponent’s identified Elk River Local Assessment Area (LAA) (p 6.75), and 13.8 ha (24.7%) in the Proponent’s identified Alford Creek LAA (p 6.80), will be temporarily lost or altered due to vegetation clearing, grading, vehicle movement, and excavation. Therefore, the Project will contribute additional loss of 80.4 ha of wetland areas. SCN understands that wetlands are often linked to much larger complexes that will invariably be affected by construction and operation and as such this assessment of loss likely under-estimates the Project impact to wet areas.

Based on the ESA, anticipated effects on wetlands for the construction phase, include:

• “Alteration or loss of wetland area or wetland class arising from vegetation clearing and ground disturbance • Changes in wetland hydrology”10 (ESA Table 6-12, p6.72)

The Proponent’s assessment states that Project interactions with and impacts on wetlands will be limited to the construction phase and not occur throughout the life-cycle operation of the pipeline (section 6.3, p6.62-63):

While vegetation management will be undertaken over the pipeline in upland areas during operations, wetlands will be avoided during vegetation management activities. As a result, pipeline operation is not anticipated to interact with wetlands.

10 In their assessment of effects on vegetation and wetlands, NGTL does not disclose the nature of anticipated changes in wetland hydrology. To address this gap, SCN refers to the 2021 NGTL System Expansion Project, Environmental and Socio-Economic Assessment (p.10-44 in NGTL 2018), which provides the following characterization of effects: “The Project will have the potential to result in the alteration of hydrological function of wetlands [including] hydrological, biogeochemical, ecological and habitat functions ... Potential changes to hydrologic flow (i.e., surface or groundwater flow) of a wetland from Project construction activities, such as vegetation clearing and stripping and installation of cross drainages, may include wetland drainage, water diversion and natural flow impedance ... Excessive wetland drainage or diversion during construction can result in an unnatural decrease of water flow to wetland areas while flow impedance (i.e., inadequate drainage) creates wetland habitat. Each of these alterations is an interruption to the natural hydrologic regime and is considered to be an adverse environmental effect. In peatlands, tree removal during clearing for construction often results in an increased soil moisture regime altering the wetland type. Commonly, treed bogs and fens revert to sedge dominant marshes (with an organic base) because of the increased groundwater availability that had previously been lower due to tree uptake. This can result in a net increase in marshes and decrease in bogs and fens as a result of construction activities.”

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SCN understands Project interactions with wetlands more broadly as changes in land cover occurring during construction will continue to interact with the wet areas for the life of the Project.

NGTL’s determination of cumulative effects on wetlands:

The Elk River and Alford Creek Sections will result in temporary alteration of wetlands, which will be reversed following post-construction reclamation. (Table 6-20, p6.104)

As noted in IR 1.22 submitted to NTGL in (Samson Cree Nation 2019b), SCN members are concerned that sensitive wetlands and associated culturally important plants may be adversely impacted by the Project during operation. SCN members have observed an already significant reduction in wetlands due to uptake of private land and agriculture possibly exacerbated by climate change. Wetlands are particularly sensitive to disturbance and adjacent impacts that may affect function of these ecosystems and human use of the ROW is anticipated throughout Project operations.

With respect to the Proponent’s assessment of cumulative effects (cited above), it is highly unlikely that impacts resulting in 66.6 ha of temporarily lost or altered wetlands in Elk River LAA alone will simply be reversed by reclamation. SCN also anticipates that impacts on wetlands will continue throughout the operations phase, including spills and contamination, and invasive species introduction, and ongoing changes in wetland hydrology associated with the permanent land cover change related to the Project, among other potential impact sources.

All Project effects must be considered as additive to existing and future projects and trends in stressors, including continued wetland habitat fragmentation, transportation corridor expansion, expansion of settlement areas. Climate change is predicted to result in the loss of more wetlands due to higher temperatures and less precipitation.

Given the policy statements mentioned above, and current levels of development and habitat fragmentation within the Project area, any loss of or impacts to wetlands should be considered significant. In this context, the minimum requirement should be offsetting. Avoidance of clearing through HDD is preferred.

Summary

Status of VC at 1900: Wetlands abundant and intact.

Major causes of change over time: Forestry, agricultural and urban expansion, oil and gas exploration and development, mining, roads, fragmentation, and more recently climate change.

Effects on SCN rights practices: impacts to medicinal and culturally important plants found in wetland systems (e.g. berries); impacts to keystone species’ habitats; impacts to wildlife (e.g. ungulates); water sources; and flood mitigations.

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Significance of change over time in the Pre-Project circumstance: Significantly negative. An estimated 60-70% of wetlands have been lost in southern Alberta (Alberta Biodiversity Monitoring Institute 2015). Current annual rate of wetland losses in the province is estimated at 0.3-0.5%.

Project-specific residual adverse effects likely: Yes, Project ESA notes that there may be a loss or alteration of up to 80.4 ha of wetland cover, and changes to wetland hydrology.

Total Cumulative Effects Loading in the Project Case: Significant, factoring degree of regional wetland loss and given the number of wetlands in the project area and their baseline conditions.

Total cumulative effects loading (all reasonably foreseeable future stressors): Project effects will likely be significant and adverse, and will act cumulatively with reasonably foreseeable development, and with changes in the environment including human settlement expansion, climate change, ecosystem shifts, and overall drying.

3.3 FISH AND FISH HABITAT

The Importance of Fish and Fish Habitat to SCN

From SCN’s perspective, the stewardship and environmental conservation of fish and fish habitat is crucial to the continuity of Aboriginal rights and interests protected under Treaty 6 and enshrined in the Canadian Constitution. Impaired ecosystem function resulting from the loss or degradation of habitat quality can alter the productivity of fisheries on which SCN citizens rely (Samson Cree Nation 2018). Any resulting impacts to fish health, abundance, or habitat will have a direct consequence on the ability of SCN citizens to exercise their section 35 rights.

Fishing is integral to SCN way of life. Often done as family, this activity provides key teaching opportunities for the transmission of culture and knowledge (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015). Fishing also has an important role as a source of subsistence, providing basic means of survival during hunting trips and other land use activities SCN members consider fishing to be a key enabling factor for other traditional uses while out on the land (Samson Cree Nation 2015).

Maintaining a sufficient diversity and abundance of culturally important fish species in preferred harvesting areas is critical for the continuity of SCN way of life. SCN members are known to fish for a variety of species, including salmonids, jackfish, whitefish, and suckers. The following SCN preferred fish species have been documented in the Project

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LAA and RAA based on a desktop search of the Alberta Fisheries and Wildlife Management System (NGTL 2019):

• Brook trout (Salvelinus fontinalis) • • Bull trout (Salvelinus confluentus) • Mountain whitefish (Prosopium • Brown trout (Salvelinus williamsoni) confluentus) • Northern pike (Esox Lucius) • Burbot (Lota lota) • White sucker (Catostomus • Cutthroat trout (Oncorhynchus commersoni) clarkii) • Mountain sucker (Catostomus • Lake trout (Salvelinus namaycush) platyrhynchus) • Longnose sucker (Rhinichthys • Rainbow trout (Oncorhynchus mykiss) cataractae) • Walleye (Sander vitreus

SCN members are concerned about the cumulative effects of oil and gas pipelines on the water, fish, and fish habitat throughout SCN traditional territory, as adverse impacts have already been witnessed in an intergenerational context (Samson Cree Nation 2015).

And then on top of that ... the oil and gas that we are burning, and the same thing with these big pipelines that snake in here and there and go through the water ... And it leaks through the river. And lots of fish are dying today. And even if the bird saw the fish laying in there he would go and eat it and he would die right there. That’s happening right now. (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015, 27, S03).

SCN members have also noted a decline in the quality of fish habitat closer to the reserve (e.g. Pigeon Lake). There are concerns that fish in these areas have become contaminated, leading to a loss of confidence in the quality of this food source (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015). Protection of remaining areas of relatively pristine fish habitat is therefore a priority.

The proposed PDA intersects a total of 31 confirmed watercourses and nine drainages. The proposed route also passes near numerous adjacent waterbodies, including streams and wetlands, that do not directly intersect with the PDA.11 Project construction and operations may result in permanent to changes to fish habitat, fish mortality, changes in overall fish abundance and community composition. Any Project effects will add to existing cumulative effects on fish and fish habitat in the Eastern Slopes region, including (but not limited to): intensive forestry and associated land clearing; other pipeline watercourse crossings, land clearing, and linear disturbance from oil and gas exploration and development; existing roads and bridges; and agricultural land uses in or adjacent to riparian zones, including grazing.

11 Note that at the time of writing, the Project’s LAA is limited to watercourse crossings only. Field-verification and subsequent analyses therefore fail to capture impacts to adjacent watercourses that may be indirectly affected during construction or operation of the Project.

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Status of Fish and Fish Habitat and Cause of Change

While all fish are important to the diversity and integrity of ecosystems in the RAA, the current status of species considered a management concern makes these populations, and their habitat, a particularly high priority for conservation. Bull trout are a SCN priority species that does not yet have a status under the Species at Risk Act (SARA), but has been assessed as Threatened (Saskatchewan – Nelson River populations) by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) and Alberta Environment and Parks (AEP).

Bull Trout (Saskatchewan – Nelson Rivers populations): This freshwater fish is a slow-growing and late maturing species that thrives in cold, pristine waters. Bull trout often require long unimpeded migratory routes and highly specific habitat that make them particularly sensitive to the impacts of human activity, and good indicators of watershed health (Rieman and McIntyre 1993). Anecdotal information and historical records suggest a large decline in the distribution of bull trout in Alberta river systems since the early 1900s (COSEWIC 2012). Habitat deterioration and increased fragmentation have contributed to range contractions, limiting remaining bull trout populations to the foothills and east slopes of the Rocky Mountains. Continued declines in abundance of > 30% are projected for bull trout over the next three generations (COSEWIC 2012). The Saskatchewan – Nelson Rivers population of bull trout documented within the RAA is listed as Threatened by the Alberta Environment and Parks (AEP) (Government of Alberta 2015). A desktop search of the AEP’s online Fish and Wildlife Internet Mapping Tool indicated documented bull trout occurrences in the Nordegg River, Brazeau River, Elk River, Clearwater River, and Prairie Creek (NGTL 2019). Bull trout populations in the Nordegg and Clearwater Rivers are declining, and under moderate, imminent threat, and have conservation rankings of High Risk (COSEWIC 2012).

Existing cumulative effects in the RAA and broader Eastern Slopes region have resulted in significant change in fish and fish habitat health. Contributing impacts include: habitat degradation and fragmentation, overharvesting, invasive species and disease, and climate change.

Habitat degradation and fragmentation: The loss, degradation, and fragmentation of habitat has been identified as a major cause of decline for bull trout populations documented in the RAA (COSEWIC 2012). COSEWIC and AEP assessment reports for bull trout indicate that impacts from oil and gas development, forestry, mining, roads, and hydroelectric projects have degraded fish habitat by increasing siltation, increasing water temperatures, or altering stream flow and physical stream characteristics. The release of deleterious substances (such as wood fibres, sediment, and effluent) from mining or agriculture has also contributed to the irreversible loss of fish habitat. Fragmentation caused by culvert stream crossings associated with roads and other infrastructure has further compromised the resilience of fish habitat and made these populations more susceptible to declines. Figure 5shows significant pre-existing linear and polygonal disturbance in the Green Zone within SCN traditional territory, including seismic, road, pipelines, transmission lines, wellsites, forest harvest areas, and agricultural areas, all

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requiring land clearing. Spatial data analysis in the Green Zone within SCN Teritory found that 34,815 stream crossings occur as a result of combined linear disturbance. With a high density of existing stream crossings and land clearing in the Project footprint, SCN is already very concerned about current impacts to fish and fish habitat (e.g., erosion and sedimentation, industrial contamination). Any additional impacts associated with the proposed project will further constrain SCN fisheries for bull trout and other culturally important species.

Overharvesting: Overharvesting has historically posed a serious threat to bull trout populations in Alberta (COSEWIC 2012). Improved road access associated with industrial development has contributed to increased harvesting pressure for many fish species. Based on available spatial data, the current linear disturbance density of roads in the Green Zone within SCN traditional territory is 0.52 km/km2.

Invasive species and disease: Interactions with introduced species pose a threat to SCN preferred species and their habitat, including bull trout (COSEWIC 2012). Invasive aquatic animals and plants – such as the flowering rush, purple loosestrife, Prussian carp, and zebra mussels – can be introduced by vehicles, equipment, and recreational use of watercourses. Diseases, such as whirling disease (caused by Myxobolus cerebralis), can cause high levels of salmonid fish mortality (Alberta Environment and Parks 2017).

Climate change: Climatic variability and change has been identified as a threat to bull trout (COSEWIC 2012). Altered thermal regimes, changes in water quantity, and changes to seasonal flows as a result of climate change are anticipated to reduce the amount of suitable fish habitat during this century (Cahill 2015).

Project cumulative effects on fish, fish habitat and fishing

Over 86% of the landscape is within 500 m of disturbance within the Green Zone in SCN traditional territory (see Table 4) and declines in SCN preferred fish populations of management concern are anticipated to continue under these conditions (e.g., COSEWIC 2012). Given existing changes to fish and fish habitat, combined with the anticipated impacts of climate change, any further degradation of this valued component is significant and unsustainable for continued SCN use. Project related activities and infrastructure that may have cumulative effects on fish and fish habitat include:

Watercourse crossings: the proposed project includes 31 watercourse crossings, with predicted residual effects on the quality or quantity of fish habitat.12 Based on desktop review of the AEP’s online Fish and Wildlife Internet Mapping Tool, bull trout have been documented in watercourses that intersect with the proposed pipeline route, including the Nordegg River, Brazeau River, Elk River, Clearwater River, and Prairie Creek (NGTL 2019). Bull trout are culturally important and preferred species to SCN and their population is of management concern. Nordegg and Clearwater River populations, in particular, are considered at High Risk of future extirpation (Post et al. 2012). The

12 Based on NGTL’s determination of residual effects on aquatic resources, section 8.5, p.8.80-8.100, A98624-12 11 EDML ESA Part C – A6T2G4.

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construction of watercourse crossings may cause physical disruption or damage to stream beds, banks, and conditions for aquatic biota that could have serious consequences for fish and fish habitat. Watercourse crossings also have the potential to heavily impact fish and fish habitat through the accidental release or leaking of deleterious substances. Culvert stream crossings associated with access roads will decrease the resilience of fish habitat and fish populations by increasing habitat fragmentation.

Increased access: Greater public access within the RSA, associated with Project access roads and other linear features, may increase harvesting pressure on SCN preferred species. Bull trout populations, for example, have already been reduced by overexploitation, and are considered vulnerable to overharvesting despite management measures. Public access also increases the risk for introduction and spread of aquatic invasive species and disease in the RSA. The North Saskatchewan River and tributaries within the RSA have tested positive for whirling disease, and the remainder of watercourse crossings are considered areas of high risk for introduction and spread of the disease.

Construction and operation activities: Clearing, site preparation, and vegetation management activities near flowing water may affect the quality and quantity of fish habitat. This includes the construction and operation of compressor stations, as well as temporary construction camps and infrastructure associated with the project. Continued maintenance of the pipeline Right of Way is of particular concern and could have lasting impacts on the availability and quality of riparian habitat.

Summary of Cumulative Effects on Fish and Fish Habitat

Status of VC at 1900: SCN species of management concern were likely abundant prior to disturbance; fish habitat quality was likely pristine, subject to natural disturbance.

Major causes of change over time: Habitat degradation from agriculture, urbanization, forestry and energy industries; habitat fragmentation from stream crossings; overharvesting from commercial and/or sport-fishing; interactions with introduced species; and climate change.

Major outcomes of change over time: Major reduction of bull trout populations, an important SCN fishery. Population declines are anticipated to continue under current conditions.

Effects on SCN rights practices: Loss of valued species, and loss of key resources required to support other traditional practices.

Significance of change over time in the Pre-Project circumstance: Significantly negative.

Project-specific residual adverse effects likely: Alteration and degradation of fish habitat caused by physical disruption or damage to stream beds, banks, and stream

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conditions, including ongoing erosion and runoff due to clearing and disturbance (e.g., water crossings). Increased fish habitat fragmentation caused by stream crossings. Potential for increased harvesting pressure and introduction/spread of invasive species and disease with increased public access.

Total cumulative effects loading in the Project Case: Significant, due to high level of anthropogenic disturbance in RSA (especially ongoing forestry and agriculture) already contributing to decreases in water quality and alterations to fish habitat. Bull trout populations of management concern in the RSA have already experienced substantial declines, which are anticipated to continue under existing conditions.

4. UPDATE TO THE STATUS AND HEALTH OF VALUED COMPONENTS OF CONCERN: WILDLIFE

4.1 MASKWA/ GRIZZLY BEARS

The Importance of Grizzly Bear to SCN

Grizzly bears have very high cultural importance to Samson Cree Nation Members. The spiritual significance of these animals has been described in SCN’s cumulative effects report for NGTL 2021, quoting from oral evidence provided by Elder Kenneth Saddleback in 2018. SCN’s 2019 TUS for NGTL 2021 similarly underscores the importance of these animals as spirit animals for SCN, and highlights concerns that bear habitat has been severely impacted at baseline by industrial development.

Oh, yes. [Industrial development has] an impact on our ceremonial sites. Because they have to be clean. They have to be clean. That's why we go up to the mountains because it’s clean. But now, you know, we don’t see them as being clean as they were a long time ago. So, it’s – and even with the bear spirits, because they live in that area. So, these bear spirits can come into and ceremonies. Like, even the bears, they're running away. They're – like now we hear about bears going into homes, walking into homes ... they're running away. Even their way of life is being changed ... And they're being forced from their habitat there. And so, when we need to communicate with them, you know, they're already – they're running … they're not feeling safe in their own territories. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S46) 37 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Status of Grizzly Bear and Cause of Change

SCN’s CEA report for NGTL 2021 describes grizzly bear population status in Alberta in some detail, identifying that Alberta’s Northwestern population is listed as a threatened species under the Alberta Wildlife Act and special concern by the Committee for the Status of Endangered Wildlife in Canada (COSEWIC), primarily due to small population size, high rates of human-caused mortality, and deteriorating habitat conditions (AEP 2016).

The AGBRP is organized around seven Bear Management Areas (BMAs), each of which includes Core Recovery Zones, Secondary Recovery Zones, and Support Zones.13 The proposed Edson Mainline overlaps with BMA 3, known as the Yellowhead Bear Management Area. Figure 8 shows the location of the proposed Edson Mainline in

13 Core Recovery Zones represent areas of highest habitat quality for grizzly bear. Secondary Recovery Zones are important for maintaining connectivity between areas with high quality grizzly bear habitat and reduce human-caused mortality. Support Zones are adjacent to identified Core and Secondary Zones, and help support the population of grizzly bears in adjacent Recovery Zones by creating a priority area for the management of bear attractants and other sources of human-wildlife conflict (AEP 2016).

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Figure 8 Grizzly Bear Zones in SCN traditional territory

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reference to BMAs, all of which fall within Alberta’s Green Zone. Grizzly bears within the Prairie sub-population—i.e., those that once lived within Alberta’s White Zone— were listed as extirpated in 1991. In southern Alberta, the conversation of land for farming and ranching “…dealt the final blow to the grizzly…” (Nielsen 1975:19, cited in Environment Canada 2007).

The most recent published grizzly bear population estimate for Alberta as of 2010 was 691, not included the bears of Banff and the southern half of Jasper Nation Parks (Festa- Bianchet 2010 in AEP 2016). Based on data summarized in the AGBRP, the grizzly bear population for BMA 3 apparently doubled from 2004 to 2014. The exact reasons for this increase are not clear (AEP 2016 cites some relocation of conflict bears into this BMA as one possible cause); however, the high existing road densities in BMA 314 mean that grizzlies in this area are already at high risk of coming into contact with humans.

The single largest threat to grizzly bears is human caused mortality, as habitat changes over the last several decades have greatly increased the risk of human-bear interactions. Alberta’s Grizzly Bear Recovery Plan (AGBRP; AEP 2016) identifies the top four sources of grizzly bear mortality from 2012-2016 as poaching, accidental collisions with highway vehicles or trains, self-defence kills, and black bear hunters mistakenly identifying grizzly bears as black bears. Increases in linear features and anthropogenic disturbances within grizzly bear habitat has increased the likelihood that grizzly bears and humans will come in contact with one another. Most human-caused grizzly bear mortalities occur within 500 m of a road or 200 m of a trail (NGTL 2018, Section 12).

Project Cumulative Effects on Grizzly Bear from Proposed Edson Mainline Expansion

As described in the Proponent’s assessment of effects on wildlife and wildlife habitat, the northern section of the project PDA and LAA overlap with the Secondary Recovery Zone for grizzly bear within the Yellowhead Bear management Area (BMA 3). The remainder of the PDA and the LAA overlap the grizzly bear Support Zone identified for BMA 3. In addition, the western portion of the RAA overlaps with the Core Recovery Zone for grizzly bear in BMA 3. Based on data summarized in Tables 7-6 and 7-9 of the Edson Mainline ESA Part C, 28.3% of the LAA for the Elk River Section and 47.4% of the LAA for the Alford Creek Section falls within preferred grizzly bear habitat.

While Alberta’s Grizzly Bear Recovery Plan identifies the Core Recovery Zones as the highest priority areas for ensuring low linear feature densities, what happens within all three zones has an impact on the viability of grizzly bears within any given BMA. This statement is particularly important given that the two sections of the Edson Mainline fall primarily within Secondary Recovery Zones. The AGBRP’s target road density of 0.7 km/km2 for this zone is already exceeded across 71.4% of the zone (AEP 2016). The exceedance of the AGBRP’s road density target for Secondary Recovery Zones across

14 As outlined in Table 5.4 of AEP 2016, 36.4% and 71.4% of the Core and Secondary Zones, respectively, exceed the recommended road density thresholds for these zones.

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much of BMA 3 suggests that a significant risk to grizzly bear survival and persistence already exists, before the Edson Mainline is constructed. In this context, adding more linear disturbance—even if it parallels existing disturbances to the extent possible—will further reduce the security of the population and increase the risk of human-caused mortality. These effects are expected to persist beyond the construction period and into operations, as the existence of a cleared pipeline route will increase human access into preferred grizzly bear habitat.

The AGBRP does not identify linear feature density targets for grizzly bear habitat. While roads are identified in the AGBRP as the largest habitat alteration challenge affecting grizzly bear recovery (AEP 2016), linear feature density is also an important factor that facilitates human access into wilderness areas, particularly where trails support the use of motorized recreational vehicles. Multiple studies suggest that grizzly bear populations may not be viable in areas where linear disturbance exceeds approximately 0.6 km/km2 (Farr et al. 2018). SCN’s analysis of the Green Zone within SCN traditional territory indicates linear feature densities are well above this level, at 3.88 km/km2 (see Table 3). At this existing level of cumulative effects, grizzly bears in this area are subject to a very high risk of human-caused mortality. The construction and operation of another linear feature within this context will further increase the existing significant risk of grizzly bear mortality within the project area, whether it is from a vehicle accident, destruction of a grizzly bear den during construction activities, or increased risk of poaching (deliberate or accidental) from motorized recreational vehicle use of the resulting linear corridor.

Summary of Cumulative Effects on Grizzly Bear

Status of VC pre-1900: Self-sustaining grizzly bear populations throughout the project area and in the western portion of SCN traditional territory; SCN’s cultural practices and responsibilities related to this species are intact.

Major causes of change over time: Development (particularly agriculture, forestry, ranching, and roads) has led to loss of secure habitat and increased human-bear conflict. Following the banning of the grizzly bear hunt in 2006, mortality of grizzlies has been primarily caused by poaching, accidental collisions with highway vehicles or trains, self- defence kills, and black bear hunters mistakenly identifying grizzly bears as black bears.

Major outcomes of change over time: Extirpation of the Prairie grizzly bear subpopulation declared as of 1991. Throughout the Green Zone, grizzly bear populations continue to decline. High SCN concerns due to the spiritual importance of grizzly bears.

Effects on SCN rights practices: Decline of a highly spiritually and culturally valued species within SCN traditional territory; loss of SCN ability to effectively practice rights and stewardship for grizzlies.

Significance of change over time in the Pre-Project circumstance: Significant adverse effect, negative. Note that any incremental project contribution to this VC is considered significant within BMA 3, as much of it is already well beyond established road density

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targets. In addition, linear densities within the Green Zone are very high, suggesting that a significant risk of human-caused grizzly bear mortality already exists at baseline.

Project-specific residual adverse effects likely: Yes, unless offsetting measures are implemented.

Total cumulative effects loading in the Project Case: Significant, impacts on SCN rights and cultural practice related to grizzly bears are already significantly impacted due to conditions at baseline.

Total cumulative effects loading (all reasonably foreseeable future stressors): Project effects will likely be significant, adverse and will act cumulatively with reasonably foreseeable developments, and with changes in the environment including climate change, ecosystem shifts, and continued habitat loss and fragmentation.

4.2 WÂWÂSKESO / ELK

The Importance of Elk to SCN

[SCN knowledge holder speaking about the importance of hunting wild game:] My sons, my two sons used to go out there and hunt. When they were younger they used to go out with their friends. And they’d always bring their wild meat, hey, and they’d always split the meat, hey? So I would get my piece of – we'd get our piece of moose or elk. And they still do it. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S34)

Elders report that elk were hunted in the past and SCN members continue to hunt elk for subsistence purposes (Tam et al. 2019). Elk is an important component of the SCN diet, and SCN members report that Elk is a prized game species: “That's about the best meat, wild meat, is elk ...” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S25).

The landscape of SCN’s traditional territory across Treaty 6 has experienced a consistent transformation throughout the post-Treaty period in conjunction with increased agricultural activity, privatization of land and oil and gas activity (Tam and Firelight Research Inc. with the Samson Cree Nation 2019; Whittaker, Dimmer, and MacDonald 2019). SCN hunters report that increased amounts of traffic as well as increased numbers of non-Indigenous hunters in key SCN hunting areas are decreasing the availability of game and negatively impacting wildlife habitat (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). SCN hunters further describe having to change their hunting patterns to account for these changing patterns in traffic and number of hunters (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). Access to hunting areas has been limited due to gating of access roads in conjunction with industrial activity (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). In turn, availability of elk has declined (Whittaker, Dimmer, and MacDonald 2019).

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Status of Elk and Cause of Change

Habitat loss: Oil and gas activity, forest harvest and agricultural areas are prevalent across the Green Zone in SCN traditional territory (see Figure 5). The expansion of grazing leases, settlement of land and industrial development has contributed to the alienation of SCN rights and interests via preventing SCN members from accessing areas within SCN traditional territory for the purpose of exercising SCN rights (see Figure 2 and Figure 4).

Habitat fragmentation: Frair et al. (2008) simulated elk response to road density and found that no refuge from road effects was present at road densities greater than or equal to 1.6 km/km2. Furthermore, road densities less than or equal to 0.5 km/km2 returned the highest probability of elk occurrence for areas where elk were hunted and exhibited sensitivity to roads (Frair et al. 2008). The current density of roads in the area of interest (Green Zone within SCN traditional territory) is 0.52 km/km2 (Table 3 and Figure 3). The current road density for the area of interest is therefore outside of the bounds of road density values found by Frair et al. (2008) to be related to high probability of elk occurrence.

Project Cumulative Effects on Elk from Proposed Edson Mainline Expansion Summary:

Status of VC pre-1900: Elk populations were self-sustaining and readily available in preferred harvesting areas (Whittaker, Dimmer, and MacDonald 2019). Habitat was relatively intact aside from disturbance by bison and fire (Whittaker, Dimmer, and MacDonald 2019).

Major causes of change over time: Industrial and agricultural development has contributed to increased habitat loss, fragmentation and degradation (Whittaker, Dimmer, and MacDonald 2019). Linear feature density and accessibility of elk for hunters and predators has increased (Whittaker, Dimmer, and MacDonald 2019).

Major outcomes of change over time: Increased fragmentation of habitat, reduction in the availability of preferred hunting areas for SCN members as habitat fragmentation and non-Indigenous hunting pressure increases.

Effects on SCN rights practices: Decreased availability of preferred hunting areas for important subsistence species with cultural importance for SCN members. Impact to SCN rights related to elk hunting, associated cultural practices and stewardship rights. Loss of ability to practice culture and rights related to elk.

Significance of change over time in the Pre-Project circumstance: Significant adverse effect, negative. Habitat fragmentation related to proliferation of linear features already exceeds a maximum linear density threshold for elk in the area of interest.

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Project-specific residual adverse effects likely: Yes, unless offsetting measures are undertaken.

Total cumulative effects loading in the Project Case: Significant, given conditions at baseline. Impacts on SCN rights and cultural practice related to elk and elk habitat are already significant due to conditions at baseline. Within the context of existing and ongoing impacts, residual Project effects will further erode sufficiency of this resource for SCN rights and cultural practice related to hunting elk within the Green Zone of SCN traditional territory.

Total cumulative effects loading (all reasonably foreseeable future stressors): Project effects will likely be significant, adverse and will act cumulatively with reasonably foreseeable developments. In particular, incremental increases to habitat fragmentation and linear disturbance will act in tandem with Project effects to result in significant adverse effects for elk in the area of interest.

4.3 MIGRATORY BIRDS

The Importance of Migratory Birds to SCN

The Green Zone within SCN traditional territory, including the Eastern Slopes and plains ecosystems of central and eastern Alberta, provide critical seasonal breeding and stop- over habitats for globally significant populations of breeding migratory waterfowl, shorebirds, passerines, and raptors.

Samson Cree Nation members have always maintained important food and cultural connections with birds, including migratory waterfowl, as well as resident forest birds such as grouse. Birds, among other wild foods, became especially important food sources within a more diversified SCN diet following the decline of plains buffalo. A range of bird such as various species of geese, mud hens (coots), and mallards, among others, are targeted depending on location, season, availability, and personal taste. A recent traditional use study conducted by the Nation for the NGTL 2021 pipeline project confirms that SCN members continue to rely on the Project area for hunting waterfowl (Tam and Firelight Research Inc. with the Samson Cree Nation 2019).

While birds are themselves consumed, their eggs are also collected:

And it’s usually mallard, not really any other kind of duck. Sometimes mud hens a bit or coots ... They weren’t as good as the duck, but they’d take them anyway ... So, those would be harvested for food...Now we can go there to collect eggs when we had an opportunity in May, because that’s when they lay the eggs, I don’t remember doing it here, but I remember on some of the sloughs around the house where sometimes we’d collect eggs; duck eggs. (S22, 16 September 2019)

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The ability to continue hunting and collecting eggs from migratory birds is critical to SCN food security, health and wellbeing, and cultural continuity and associated knowledge transmission, including the continuation of specific practices and ceremonies in which wild foods are fundamental.

Preserving ecological and cultural function in remaining wetlands, old growth and mature forests, and native prairie/grassland habitats, and where possible, restoring degraded habitat, are important SCN priorities in the interest of SCN rights and stewardship responsibilities related to migratory birds and maintenance of biodiversity. The Project is anticipated to adversely impact culturally-important bird species and habitats. These impacts must be assessed as additive to pre-existing past and present landscape disturbance, and must also be considered in the context of future development and land use change, as well as climate change.

Status of Migratory Birds and Cause of Change

SCN rights related migratory birds, including the right to hunt, are conditioned by several variables including a sufficiency of resources (i.e. healthy local/regional populations) to support a sustainable harvest, and access to undisturbed hunting areas on Crown land that still provide a sense of place and cultural connection. Consequently, impacts resulting in reductions in the local populations of targeted species or impacts that render hunting areas inaccessible (including surrounding disturbance density, conversion of land from public to private, direct habitat loss), negatively affect SCN rights associated with birds.

The populations of many migratory birds that breed in SCN traditional territory and Alberta are declining. The proposed Project will interact with important and already widely impacted habitat types for migratory birds, including wetlands and riparian areas, native prairie/grasslands, and old-growth and mature forest. The following discussion focuses on sensitive species and existing impacts in these habitat types.

Migratory birds associated with wetland and riparian habitats The populations of numerous wetland- and riparian-associated migrants are currently provincially listed (and where noted, federally listed SARA schedule 1 species) as “Sensitive”, “May be at risk”, and “At risk” (Government of Alberta 2015), including: grebe species (Pied-billed, Horned (SARA, special concern), Western (SARA, special concern), Clark’s), American White Pelican, American bittern, Great blue heron, Black- crowned night-heron, Trumpeter swan, Harlequin duck, White-winged scoter, Osprey, Sora, Sandhill crane, and Whooping crane (SARA endangered), Black-necked stilt, Piping plover (SARA, endangered), Black tern, Common yellowthroat, and Northern harrier. Government of Alberta (2015) identifies several anthropogenic impacts in nesting/breeding habitats in Alberta, resulting in habitat loss or degradation, as key factors contributing towards population decline, specifically:

• Drought-related wetland disappearance; • Wetland drainage, consolidation, cultivation/conversion;

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• Contamination associated with the oil and gas and agricultural sectors such as oil spills and pesticide applications; and • Nesting site and colony disturbance.

From the perspective of SCN rights, it is critical to recognize that while the populations of some harvested waterfowl species in SCN traditional territory (e.g., mallard, American coot) may be considered healthy from an ecological perspective, SCN members’ access to wetland hunting areas has been significantly reduced by the conversion of Crown lands to private lands occurring since the early 20th century (Figure 2 shows the extent to which SCN traditional territory has been permanently converted to private land, and that only the western and eastern margins of SCN traditional territory, including the Project area, contains relatively large tracts of Crown lands ). In the case of mallards and coots, for example, while SCN rights may not be constrained by current populations of these species, they are constrained by the proportion of privately held land across SCN traditional territory. In other words, wetlands on private land may be ecologically functional but they are not culturally functional—they do not support SCN rights because they are not accessible. Given the Project is located in an area where SCN members still enjoy access to harvesting areas on Crown land, but where there are also high levels of existing disturbance, new Project impacts on wetlands on Crown land, or any new loss of access to harvesting areas, will have a significant effect on SCN rights related to migratory birds.

Figure 7 shows past and present pipelines and associated linear disturbance in the Green Zone of SCN traditional territory. The addition of every new pipeline increases the likelihood of pipeline spills. Samson Cree members have experienced firsthand the effects of pipeline spills and contamination:

How many of that spilt oil that the animals drink and they’ll die? Nobody done nothing to cover up, they dig some oil so they say behind my grandfather’s. They used to find ducks there, my brothers. Ducks couldn’t fly. We didn’t know how to treat them. My grandmother used to kill them. She’d tell us, “Don’t eat this.” Used to put that duck in the fire, give it to us with oil, that’s the damage, how long. I remember those. (S08, 18 September 2019)

Migratory birds associated with native grassland or prairie habitats The populations of the following species are migratory or resident birds reliant on prairie/grassland ecosystems whose populations are currently “Sensitive”, “May be at risk”, and “At risk” provincially in Alberta (Government of Alberta 2015), and where stated, are also SARA Schedule 1 listed species at risk: Mountain plover (SARA, endangered), Upland sandpiper, Burrowing owl (SARA, endangered), Ferruginous hawks (SARA, threatened), Sprague’s pipit (SARA, threatened), Brewer’s sparrow, Baird’s sparrow (SARA listed, special concern), Grasshopper sparrow, Bobolink (SARA listed, threatened), Greater sage-grouse (SARA listed, endangered), Sharp-tailed grouse, Swainson’s hawk, and American kestrel. Greater prairie-chicken has been extirpated from the area. These species rely on native grassland/prairie habitats, which have been reduced substantially because of urban expansion, oil and gas activity, road construction,

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agriculture and recreation, among other causes (Government of Alberta 2015; Weiler 2010) (Figure # and # show linear and polygonal disturbance density in SCN traditional territory). The majority of native prairie/grassland in Alberta/SCN traditional territory has already been lost; as of 2005, only 43% remained with nearly half (44%) occurring on private lands (Nernberg and Ingstrup 2005).

Migratory birds associated with old growth or mature forest habitats Loss of mature and old-growth forests in Alberta and SCN traditional territory is contributing to population declines in several provincially (and in some cases federally) listed migratory and resident passerine and raptor species, including Northern pygmy owl, Barred owl, Great gray owl, Black-backed woodpecker, Pileated woodpecker, Cape May warbler, Black-throated green warbler, Bay-breasted warbler, Canada warbler (SARA, threatened), Western tanager, Northern goshawk, and Broad-winged hawk (Government of Alberta 2015). Industrial forestry, urban/residential development, land clearing for oil and gas activities, and fire suppression, are leading causes of habitat loss and fragmentation in old forests. Impacts on forests are not confined to the white area, but are widespread in the green area as well. Figure 5 (linear and polygonal disturbance) shows the scale of fragmentation from linear and area disturbance in the Green Zone, which represents significant forest loss and conversion of native ecosystems, and consequently, major impacts on mature forest dependent migratory and resident birds.

Based on analysis of available spatial data, forest harvest areas developed since 1900 represent 10,492 km2 of the green area that overlaps with SCN traditional territory, with more than 10,079 km2 of this impact occurring since 1961 (see Table 4). With the total area of the Green Zone within SCN’s territory at 62,546 km2, this analysis suggests that over 16% of the Green Zone has been harvested since 1961, with additional old forest lost to wildfires. The Project will remove additional mature forest in the green area and SCN traditional territory.

Summary of Project Cumulative Effects on Migratory Birds

Status of VC at pre-industrial baseline (1900 AD): Abundant migratory bird populations; healthy wetland complexes, mature forests conditioned by natural disturbance fire regeneration (frequent fires), and extensive native prairie/grassland ecosystems.

Major causes of change over time: Overall habitat loss and degradation linked to expansion of agriculture and grazing, urbanization and rural settlement, oil and gas development, forestry, transportation infrastructure, linear feature development.

Major outcomes of change over time: Within the western portion of SCN traditional territory, native bird habitat has been removed or degraded such that many migratory and resident species’ populations are in decline. Within the eastern portion of SCN traditional territory (the White Zone), there is little remaining migratory bird habitat in terms of intact wetlands, old forests and grasslands, and what little that remains is not accessible to SCN for the practice of their Treaty rights.

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Effects on SCN rights practices: Direct habitat loss/degradation (wetlands, mature forest, grasslands), and conversion of ecologically functional bird habitat from public to private land ownership, are two major causes of reduced access to migratory bird habitat in the Project area and SCN traditional territory more broadly. Where existing oil and gas infrastructure intersects or lies adjacent to hunting areas, including the Project area, SCN members confidence in the health of resources is reduced.

Significance of change over time in the Pre-Project circumstance: Significantly negative.

Are Project-specific residual adverse effects likely? Yes.

Total cumulative effects loading in the Project Case: Project effects will be significant and adverse. Impacts on SCN rights and cultural practice related to migratory and resident birds are already significant due to conditions at baseline, especially lost access to and confidence in hunting areas. Within the context of existing and ongoing impacts, residual Project effects will further erode SCN rights and cultural practice related to migratory and resident birds.

4.4 MÔSWA / MOOSE

The Importance of Moose to SCN

[My kids] always ask me, Dad, can you go get moose meat, Dad, can you get moose meat? And I say, yeah, I’ll try, I’ll try. Then when we shoot one, they want to help, they want to help. And now I’m starting to see a lot of youth want to help, they want to help, they want to be hands-on. And you ask them why, they say, because it makes me feel good, you know. In other words, it’s therapeutic, it’s healing. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S49)

Moose represents a crucial component of the past and present SCN diet: “[M]oose, mostly moose. […] [T]hat’s all we lived on when we were in Rocky. Yeah, and my kids were healthy” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S27).

Moreover, moose is of particular importance to SCN members because of the medicinal value of moose meat: “They [moose] usually eat trees, branches. They eat all kind of medicines. So that's why when you eat a moose, you're eating medicine because they eat all kinds of medicines” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S43). Certain parts of moose are of specific importance to SCN Elders: “The moose nose and the tongue, that’s what Elders just love in their – when they make pea soups. That’s what they’d rather put in than these store-bought meats, yeah” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S53).

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Status of Moose and Causes of Change

SCN members have observed a decline in moose availability in SCN hunting areas: “I usually go [to this hunting area] when I don’t want to go too far – there’s been some recent drilling. And there used to be moose in that area, like, constant, constant. Now there’s – I don’t see any, and I’ve been there three times, and I’ve taken about ten moose out of there in the last three years.” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S49). Industrial development, expansion of grazing leases and changes in land ownership via settlement have contributed to increasing barriers to accessing moose (Whittaker, Dimmer and MacDonald. 2019).

Specifically, SCN members report that oil and gas activity has contributed to declining availability of moose: “Right now you can drive for, all day, and not see an animal. And before you just used to go out of the house and walk a couple hundred yards, shoot a moose, now you can’t. ... Because of the activity, the oil activity. Because of the pipeline, the oil activity, because of that” (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S26). SCN hunters have had to alter their hunting patterns to accommodate disturbance of industrial traffic and other hunters (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). As discussed for elk, access to hunting areas has been limited due to gating of access roads in conjunction with industrial activity (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). Moose populations are also known to be declining in several boreal WMUs in Alberta (Whittaker et al. 2019).

Habitat loss: The analysis undertaken for this report concerning impacts to SCN’s territory as a whole, and to the Green Zone in particular, clearly show the extent of habitat loss within SCN’s territory (Figure 2 Permanently converted lands within SCN traditional territory and green and white areas); Figure 3 linear disturbance within the Green Zone and Figure 4 Polygonal disturbance within Green Zone). Moose habitat that was formerly widespread in the eastern portion of SCN’s territory has now been largely converted to agricultural, urban or industrial lands; the few remaining areas of intact habitat are not available to SCN for the practice of Treaty rights related to moose. Within the Green Zone, forest harvesting is extensive, with close to 17% of this zone in SCN’s territory harvested since the early 1960s (see Table 4).

Science-based assessments of the impacts of industrial development and forestry on moose populations suggest that moose numbers can increase with the availability of early seral habitat. However, winter habitat for moose, typically considered to include older forested stands along riparian zones, can become an important limiting factor for moose populations under some circumstances. Compared to the pre-industrial baseline, the combined effects of land permanently converted to other uses within the White Zone and/or inaccessible to SCN hunters, as well as habitat loss—particularly winter habitat loss—from industrial development and forest harvesting within the Green Zone, supports SCN hunters’ observations that moose habitat in SCN traditional territory is already substantially impacted at baseline, and Project-related disturbance would exacerbate existing pressures on moose.

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Habitat fragmentation:

Moose are subject to increased predation and hunting pressures due to habitat fragmentation, particularly from roads and linear features that can support motorized recreational hunting access and increased predator success. Linear disturbance levels within the Green Zone are very high (calculated at 3.88 km/km2 based on SCN’s spatial analysis, see ).

Beyer et al. (2013) detected pronounced responses in moose road-crossing rates when road densities reached approximate levels of 0.2 km/km2 in summer and 0.4 km/km2 in winter. The current density of roads in the area of interest (Green Zone within SCN traditional territory) is 0.52 km/km2 (). The road density thresholds examined by Beyer et al. 2013 have already been surpassed for the area of interest (see Table 3). The Project’s added linear disturbance will thereby compound existing disturbance pressures on moose and inhibit the restoration actions that are necessary to return the landscape to pre-threshold levels of linear disturbance.

Beazley et al. (2004) found that probability of moose pellet presence decreased with increasing road density in Nova Scotia. Beazley et al. (2004) further recommended that biodiversity conservation activities discourage road densities greater than 0.6 km/km2. The current road density within the Green Zone is approaching this value, and the concentration of roads towards the eastern portion of the Green Zone (see Figure 3 Linear Density in green area) suggests that using a smaller unit for spatial analysis within the Green Zones would identify many areas are already above this threshold. Further industrial development and linear disturbance should be discouraged within the Green Zone of SCN traditional territory to prevent surpassing this conservation threshold.

Project Cumulative Effects on Moose from Proposed Edson Mainline Expansion Summary:

Status of VC pre-1900: Moose populations were self-sustaining and readily available in preferred harvesting areas. Habitat was relatively intact aside from disturbance by bison and fire.

Major causes of change over time: Industrial and agricultural development has contributed to increased habitat loss, fragmentation and degradation. Within SCN traditional territory, the White Zone is no longer available for SCN cultural practices related to moose, due to permanent conversion of land combined with the inaccessibility of remaining suitable habitat to hunters. Within the Green Zone, habitat loss combined with increases in linear feature density has resulted in observed reductions in moose population numbers throughout this area.

Major outcomes of change over time: Increased fragmentation of habitat, increased hunting and predation pressure on moose, decreased availability of preferred hunting areas for SCN members.

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Effects on SCN rights practices: Decreased availability of preferred hunting areas for important subsistence species with cultural importance for SCN members. Impact to SCN rights related to moose hunting, associated cultural practices and stewardship rights. Loss of ability to practice culture and rights related to moose.

Significance of change over time in the Pre-Project circumstance: Significant adverse effect, negative. Habitat fragmentation related to proliferation of linear features is approaching an ecological threshold for moose response to linear feature density in the Green Zone of SCN traditional territory.

Project-specific residual adverse effects likely: Yes, unless mitigation and restoration measures are developed and implemented.

Total cumulative effects loading in the Project Case: Significant, given conditions at baseline. Impacts on SCN rights and cultural practice related to moose and moose habitat are already significant due to conditions at baseline. Within the context of existing and ongoing impacts, residual Project effects will further erode SCN rights and cultural practice related to hunting moose in the Green Zone of SCN traditional territory.

Total cumulative effects loading (all reasonably foreseeable future stressors): Project effects will likely be significant and adverse and will act cumulatively with reasonably foreseeable developments. Incremental increases to habitat fragmentation and linear disturbance will act in conjunction with Project effects to result in significant adverse effects for moose in the Green Zone of SCN traditional territory.

4.5 MASKEK ATIHK / CARIBOU

The Importance of Caribou to SCN

Caribou is of high cultural importance to SCN, and caribou has been hunted in the past (Whittaker, Dimmer and MacDonald 2019). SCN members as well as western scientists have observed precipitous declines in caribou populations. Based on knowledge provided by SCN knowledge holders and western scientists, existing cumulative effects pressures on caribou are severe and have exceeded the threshold that would be required to sustain SCN rights (Whittaker, Dimmer and MacDonald 2019). SCN members in ITK studies did not report hunting caribou currently or in recent times due to the scarcity of caribou, but it is likely that caribou harvest would return if caribou populations are restored.

Cause of Change in Caribou:

Declines in woodland caribou across western North America are linked to habitat loss, habitat fragmentation and degradation, and climate change. In particular, habitat changes associated with industrial development have led to changes in predator-prey dynamics in boreal caribou habitat (Bush et al. 2019).

Habitat loss:

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Environment Canada (2015) has defined a disturbance management threshold of a maximum of 35% disturbed habitat to provide a 60% probability of self-sustainability for a local population of caribou. Environment Canada further defined “disturbed habitat” as “habitat showing: i) anthropogenic disturbance visible on Landsat at a scale of 1:50,000, including habitat within a 500 m buffer of the anthropogenic disturbance; and/or ii) fire disturbance in the last 40 years, as identified in data from each provincial and territorial jurisdiction (without buffer)” (Environment Canada 2015).

Current disturbance density for combined polygonal and linear disturbance buffered by 500 meters and wildfire disturbance is 0.87 km2/km2 for the area of interest15 (see Table 4 polygonal disturbance table). In other words, the existing level of disturbance is ~86.6% disturbed habitat for the Green Zone in SCN traditional territory. The current level of disturbance vastly exceeds the recommended value of 35% disturbed habitat and demonstrates the severe cumulative negative impacts on caribou in the area of interest. Substantial protection and restoration actions are required to reduce the level of disturbance in the area of interest to disturbance levels that would foster caribou recovery and sustain SCN rights. Project-related disturbance would amplify existing habitat loss and further inhibit boreal caribou recovery in the area of interest.

Habitat fragmentation: Habitat fragmentation has been amply demonstrated to have an adverse effect on woodland caribou survival, and several studies have attempted to identify linear feature density targets for spatial areas that allow for woodland caribou survival and persistence on the landscape. For example, the Sahtu Target Implementation Project established a management threshold for linear feature density of 1.8 km/km2 for the purpose of avoiding impacts on caribou (Antoniuk et al. 2009). The density of combined linear disturbance (including transmission lines, railways, seismic lines, roads and pipelines) is 3.88 km/km2 in the area of interest (See Table 3 lineardisturbance table; Figure 3 Linear disturbance within Green Area and SCN traditional territory). The current level of linear disturbance in the area of interest is far greater than the management threshold for the Sahtu Target Implementation Project, providing further evidence that cumulative effects on caribou in the area of interest are severe and far exceed the disturbance level required to sustain SCN rights. Significant protection and restoration actions are needed to restore the landscape to disturbance levels that will support caribou recovery. Project-related linear disturbance would aggravate existing disturbance stresses on caribou so as to further constrain caribou recovery in the area of interest.

Project Cumulative Effects on Caribou from Proposed Edson Mainline Expansion Summary:

Status of VC at 1920: Woodland caribou populations were considered stable. Total population count was unknown. Woodland caribou range extended further south than current southern extent, including within the Green Zone of SCN traditional territory.

15 See methodology section for details about how this disturbance impact was calculated.

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Major causes of change over time: Habitat loss, fragmentation, and degradation; changes in predator-prey dynamics; and climate change.

Major outcomes of change over time: Range contraction northwards; population levels have decreased precipitously over the last several decades, particularly in the 1940s, and again since the 1970s.

Effects on SCN rights practices: SCN hunted caribou and used them for a variety of purposes, including food and cultural practices. This right is no longer practiced as caribou populations are very low at this time.

Significance of change over time in the Pre-Project circumstance: Significant adverse effect, negative.

Project-specific residual adverse effects likely: Yes.

Total cumulative effects loading in the Project Case: Significant cumulative effects loading in the Project Case. Impacts on SCN rights and cultural practices related to caribou are already significant due to conditions at baseline (e.g. 87% disturbed habitat in area of interest far exceeding Environment Canada disturbance management threshold for caribou). Within the context of existing and ongoing impacts, residual Project effects will reduce the potential for restoring caribou to a level that would support the practice of rights.

Total cumulative effects loading (all reasonably foreseeable future stressors): Project effects will likely be significant, adverse and will act cumulatively with reasonably foreseeable developments. Incremental increases to habitat fragmentation and linear disturbance as well as environmental changes including climate change, increased occurrence of fires and ecosystem shifts will act in conjunction with Project effects to result in significant adverse effects for caribou in the Green Zone of SCN traditional territory. .

4.6 HUNTING AND WILDLIFE HABITAT FRAGMENTATION

The Importance of Hunting and Wildlife Habitat to SCN

Sustainable populations of preferred wildlife species are an essential enabling factor for the practice of SCN hunting and harvesting rights. Wildlife including waterfowl, moose, elk, deer, beaver, muskrat, rabbit, gopher and porcupine are critically important for subsistence needs and cultural uses, and the ability to hunt ensures cultural continuity and the survival of SCN species and habitat-specific knowledge. Experienced SCN hunters have a complex understanding of the types of habitat and forage used by species such as deer, moose, and elk. This knowledge is shared through hunting and wild food processing, which is often an intergenerational activity that younger and older generations participate in together. 53 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

SCN members are accustomed to eating traditional foods. They consider a traditional diet, which includes a variety of wild game, to be much healthier than store-bought food, and even medicinal because of the forage species that wild animals consume:

They [moose] usually eat trees, branches. They eat all kind of medicines. So that's why when you eat a moose, you're eating medicine because they eat all kinds of medicines. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, 30)

In addition to providing food security, harvesting and sharing wild foods are cornerstone expressions of SCN culture, and hunters routinely provide meat to elders and others who need it. Wild game also ensures the vitality of community cultural events such as feasts and ceremonies (Tam and Firelight Research Inc. with the Samson Cree Nation 2019).

Important and frequently used hunting areas, as well as trapping areas, occur near the Project, especially around Rocky Mountain House, Nordegg River, and Blackstone River (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). These areas are valued because of the availability of habitat and diversity of game, however, members have already noticed that the quality of hunting has declined as industrial development has increased:

It’s really nice country. Out by Nordegg, I’ve got some photos from our hunt last year. We were up on a nice big hill and stuff. And it’s really nice country. It’s really nice country. It’s just too bad that it’s too much development out there now ... Out by Nordegg and that, you’re – bush. Bush and nice mountains. Like we were on the top of a mountain. You see the mountains in the backdrop and stuff. It’s just topography and stuff is way different than here ... You see more of the elk and moose out that way than you would here. You could still see moose out here and the odd elk. Like I’ve heard of elk getting killed on the reserve here before and stuff. But it’s a rarity. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, 28)

Current Status of Wildlife Habitat Health and Hunting

SCN hunters have come to rely heavily on the western portion of the territory for hunting. In the central and eastern portions of SCN traditional territory, the growth of human settlement, agriculture, transportation, industry (especially oil and gas), and other land uses, has drastically reduced the amount of accessible and healthy land for harvesting game. However, cumulative effects are accumulating in the western territory and Eastern Slopes, and increasing fragmentation in critical wildlife habitat. Figure 2 (Permanently Converted Lands), Figure 3 (Linear Disturbance) and Figure 4 (Polygonal Disturbance), illustrate the extent of development in the White Zone, while also showing that disturbance has expanded well into the Green Zone within SCN traditional territory. Based on SCN spatial analysis, the current length and density of combined linear disturbance (roads, seismic, transmission lines, pipelines, etc.) in the Green Zone is

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242,506 km, and 3.88 km/km2, respectively. Forest harvesting is also resulting in substantial areal disturbance in terrestrial ecosystems and wildlife habitat in the Project area.

Any additional cumulative effects in the Project area would exacerbate existing impacts on wildlife habitat and SCN hunting practices. Members have already experienced impacts, and have expressed serious concerns about habitat loss and fragmentation, including:

• Observed significant declines in abundance and relative availability of numerous culturally important wildlife species including bison (extirpated), boreal caribou (drastically reduced, nearly extirpated), and moose (Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015). • Similar to bison, boreal caribou were historically abundant in Alberta and SCN traditional territory, but have been in decline since the 1940s largely due to habitat loss and fragmentation leading to altered predator-prey dynamics (Russell et al. 2016). While no federally designated critical habitat for woodland caribou overlaps with project components, caribou would have historically occurred within this area and have recently been observed. Range contraction has meant that remaining woodland caribou are confined to the Little Smoky herd range further north, where high anthropogenic disturbance (95% of their core range based on Environment Canada, 2012 , p. 68) has pushed them to the brink of extirpation. • The need for hunters to travel much further to find game. Even elk, whose populations are relatively stable, have altered distributions in SCN traditional territory due to land use changes (Samson Cree Nation 2015b). • Loss of confidence in the health of traditional food animals where agricultural herbicide and pesticide spraying are occurring, and in the vicinity of oil and gas pipelines (Tam and Firelight Research Inc. with the Samson Cree Nation 2019). Standard vegetation management practices for cutblocks and rights-of-way include spraying of herbicides to reduce competition of non-commercial and invasive species. • The uptake of private land for settlement, agriculture, and protected areas, which has made it impossible for SCN members to reliably hunt over most of their territory east of the foothills, and much of the territory west of the foothills (Samson Cree Nation 2015b). • Observed increases in hunting competition and the high numbers of non- Indigenous hunters in areas where the proliferation of pipeline rights-of-way, forestry roads, seismic lines, and other linear features facilitates easier access. Linear features increase wildlife mortality from hunting, poaching and human- wildlife conflict. Hunting efficiency is increased in corridors versus more intact areas with less edge (Jalkotzy et al. 1997).

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Project Cumulative Effects on Hunting and Habitat Fragmentation

A number of factors contribute to Project cumulative effects on this VC: Habitat loss: In the Elk River section, the Proponent estimates that clearing and grading of the ROW and creation of temporary workspace will result in loss or alteration of up to 112.6 ha of coniferous forest, 49.4 ha of mixed-wood forest, 13.5 ha of broadleaf forest, 7.3 ha of shrublands and meadows, and 66.9 ha of wetlands (section 7.5.3.1, p7.70). In the Alford Creek section, the Proponent estimates loss or alteration of up to 62.3 ha of coniferous forest, 165.4 ha of mixed-wood forest, 3.2 ha of broadleaf forest, 2.8 ha of shrublands and meadows, and up to 13.9 ha of wetlands (section 7.5.3.1, p7.71). In addition to existing cumulative effects, these anticipated effects will add to existing disturbances in the Project area, further reducing wildlife habitat that supports critical cultural species, affecting wildlife movement patterns, and impacting SCN hunting rights. It is predicted that disturbances will continue and expand in the future development scenario.

Habitat fragmentation: The portion of the Project that does not parallel the existing right of way will result in additional linear disturbance and edge creation in the Project area. Where the Project parallels the existing right of way, the widened linear feature will further exacerbate existing effects of fragmentation. For example, SCN is concerned that a wider linear feature will further alter predator-prey dynamics by improving sight lines for predators and reducing the amount of cover available for prey species.

Herbicide and pesticide spraying: The Proponent predicts that the operation phase of the Project will not result in a further change in habitat, movement, or mortality risk for the wildlife indicators assessed (section 7.3, p7.62). SCN disagrees with this determination. The use of herbicides and pesticides in vegetation management of the pipeline right-of-way would result in additional impacts on hunting and wildlife habitat related to contamination and the actual and/or perceived health of preferred subsistence species. Perceived contamination of preferred wildlife species impacts hunter confidence in the quality of game in the Project area, which impacts SCN hunting practices and associated rights.

Access and hunting pressure: Hunting efficiency increases in corridors versus more intact areas with less edge (Jalkotzy et al. 1997). Again, the Proponent predicts that the operation phase of the Project will not result in a further change in habitat, movement, or mortality risk for the wildlife indicators assessed (section 7.3, p7.62). SCN disagrees with this determination. The Project will widen the existing pipeline corridor, which will further improve access and hunting efficiency along the right of way. Based on SCN experience, the influx of workers into the Project area during the construction phase will increase recreational hunting by off-work employees and contractors. Collectively, these Project effects will add to existing cumulative effects resulting in greater overall hunting pressure and mortality of SCN preferred species, and further impact SCN hunting practices and associated rights in the Project area.

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Summary

Status of VC pre-1900: Large areas of intact wildlife habitat and populations sustain SCN’s cultural practices and responsibilities related to hunting. Bison prolific but declining to late 1880s. Caribou, moose, elk, and other preferred species, are readily available with self-sustaining populations in preferred harvesting areas.

Major causes of change over time: Development (especially agriculture, forestry and ranching) has led to habitat loss, particularly for wide ranging species. Linear feature density, access for hunters and predators, and pesticide and herbicide use have all increased with the expansion of forestry, pipelines, and agriculture.

Major outcomes of change over time: Loss of caribou and bison; declining populations of remaining preferred species in preferred areas; high levels of fragmentation in wildlife habitat.

Effects on SCN rights practices: Loss of, or reduced availability of, critically important subsistence species with cultural significance; impact to SCN rights related to hunting and associated cultural practices and stewardship rights. Loss of ability to practice culture and rights related to bison and caribou.

Significance of change over time in the Pre-Project circumstance: Significant and negative adverse effect. Any incremental project contribution to this VC is considered significant as local populations of preferred species are already declining or extirpated. Existing habitat loss and fragmentation related to proliferation of linear features are already beyond a threshold for sustaining preferred species, particularly caribou, in preferred harvesting areas.

5. UPDATE TO THE STATUS AND HEALTH OF VALUED COMPONENTS OF CONCERN: SENSE OF PLACE AND CULTURAL AND HERITAGE RESOURCES

5.1 SENSE OF PLACE AND TRANSMISSION OF KNOWLEDGE IN THE EASTERN SLOPES

Despite existing heavy impacts (See Section 2.0), the eastern slopes of the Rockies continue to provide some of the most ecologically and culturally valued lands and waters available to SCN members. Samson Cree Nation cultural practices and associated Indigenous and Treaty rights depend on the cultural and ecological function of these lands and waters. Members have noted the critical importance of these areas:

It’s very important to us, you know. Wherever we had, you know – whether it’s a small amount of time, or a large amount of time, their traditional territory that had a

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special connection … And, you know, that there is a special connection in each and every part of, you know, a certain area that, you know, that we may have used as a resting stop area, and now, going from one point to another. Or we are out there harvesting a certain plant - or my parents have – and you know. And on many occasions they have harvested certain plants or animal, or berry – the berries, you know, right along the traditional territory (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S36)

Protecting large intact landscapes that are culturally known and connected to use by SCN ancestors, is a critical requirement for the meaningful practice of SCN culture and rights now and into the future. Preservation of both intangible and tangible values associated with cultural landscapes in SCN traditional territory is of high importance to Samson Cree Nation16. Changes to the landscape and environment, like via forestry or pipeline development, can make areas less desirable/appropriate for cultural practices:

Once they clear-cut it, it’s gone. I would've liked to show my kids what it is like out, say, by Elk River and that. And those areas, when I was a kid, when the game was plentiful, when the bushes were high and now you go out there, it’s clear cut. You can’t see a moose and stuff, eh?... It kind of worries me because it takes how many years to grow a forest? And one year to cut it down. And with this kind of work, until I see what they're actually doing to the land, it worries me ... Rocky, Nordegg. Right to Brazeau. Just because and the amount of time I have spent there in my lifetime hunting and ... It kind of – places I’d like to take my kids back. (S48, 19 September 2019)

As the areas closer to Maskwacis have become impaired by extensive anthropogenic change, areas to the west within the Green Zone of Alberta that have retained at least some semblance of natural conditions and as predominantly Crown land are accessible for the practice of Treaty Rights have become increasingly important to SCN members, both for their use and their integral value as places that remain relatively ecologically and culturally functional for SCN members.

“Where am I going to go if I want to pick plants? Where am I going to go? Where is a place that’s not disturbed, that’s clean, you know? That’s not marred by all these new inventions going on in this world, you know? The mountains is the only other place I can go now really, you know? And that’s why we go there, and that’s why we go through our ceremonies over there, because that’s reserved and nothing can be done over there. It’s a reserved place where things happen as naturally as

16 Please see the SCN CEA Report Section 4 for an in-depth discussion of SCN tangible and intangible cultural values in the eastern slopes of the Rockies - (Whittaker, Dimmer, and MacDonald 2019)

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possible.”(Olson, Malone, and Firelight Group Research Cooperative with the Samson Cree Nation 2015, S11).

Further work is required to document and protect preferred places (including a Project- specific Traditional Land Use Study) within the Project-affected area where SCN sense of place and ability to pass on knowledge is still intact and trusted for practices such as subsistence harvesting and medicinal collection.

Current Status And Degree Of Change Over Time

Privatization and disturbance of Crown land has been extensive in SCN Traditional Territory. The area of SCN traditional territory where members are able to retain their connection to land and can pass on their traditional knowledge has been impacted massively since signing of treaty. In 1881 private (non-Crown) lands represented only approximately 1.86% of SCN traditional territory (See Figure 9 for townships surveyed for homesteading in 1881). Today, a large portion of SCN Traditional Territory (207, 002 km2, or 66.5 %) is located within the White Zone of Alberta and is predominantly freehold/privately owned land (See Figure 2). At the time of signing of Treaty 6 (1876) the Green and White Zones did not exist. Less than 2% of SCN traditional territory was taken up by private lands, roads and linear disturbance was minimal, and SCN members were able to practice their way of life throughout their territory. Today, the majority of that territory has been taken up by private lands (the majority of townships were surveyed for disposition by 1930 as shown in Figure 10) In addition, today greater than 86% of the remaining territory located within the Green Zone is within 500 meters of disturbance (including pipelines, roads, forestry operations etc.). Both the number and quality of SCN valued lands have been dramatically shrinking over time, limiting the number of valued locations where SCN members can practice their Treaty rights and traditional use.

The experience on the land has also changed for SCN members today. Areas that were formerly peaceful and quiet and trusted are now subject to traffic, new smells, visual changes, and mistrust in the resources available due to real and perceived contamination from industry.

Causes Of Change In SCN Sense Of Place In SCN traditional territory And The Eastern Slopes

Starting since the 1840s but accelerating especially since the early 1900s ,numerous stressors have constrained SCN member access to territory and sense of place (See also Table 2). These stressors have included but are not limited to:

• In-migration of settlers • Privatization of lands by the government for settlers • Increasing push of SCN members into “postage stamp” sized reserve areas, surrounded by private lands • Farming and ranching • Oil and gas development activity

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• Increased water diversion and contamination • Increased urbanization, town and city building • Development of an extensive road network bisecting SCN traditional territory

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Figure 9 Townships surveyed for homesteading 1881 SOURCE: Library and Archives Canada. Department of the Interior Index to Townships 1881. Image n0021137k.

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Figure 10 Department of the Interior Index to Townships 1930. SOURCE: Library and Archives Canada. NMC 0043265

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• Increased hunting, fishing and tree harvesting pressures by settlers • Government policies restricting movement of SCN members (i.e. The Pass System) • Fundamental alterations to the visual landscape by industry, private land holders and government infrastructure development

Large landscape level changes and reduction in culturally valued areas are further discussed in-depth in Section 2.0.

As a result of these dramatic changes over the past 150 years, SCN sense of place and ability to transmit knowledge is currently severely limited due to impacts on SCN ability to: • pass on ecological knowledge to younger generations; • navigate through territory based on ancestral travel routes; • have confidence in country foods, including willingness to harvest from large areas of territory due to fear of contaminants; • peacefully enjoy the SCN cultural landscape; • reliably harvest throughout most of territory - It takes much more time and effort, and often longer distances, to procure the same amount of resources from the land; • access preferred resources in the vicinity of preferred locations - including for medicines and other plants used for cultural purposes; and • maintain SCN cultural health.

Project And Cumulative Effects On SCN Sense Of Place In The Eastern Slopes

The above noted impacts are ongoing and anticipated to continue into the foreseeable future. On top of these pre-existing and self-evidently significant adverse cumulative effects on SCN Sense of Place in the Eastern Slopes:

• The Project will increase the extent of industrial disturbance in portions of SCN traditional territory. • The Project will reduce the amount of intact Crown land that is still ecologically and culturally functional. • The Project will further alienate SCN members from highly valued Crown lands in SCN traditional territory and impair the sense of place and ability to transmit knowledge in these areas.

As a result, Project effects coupled with ongoing impact of past developments and colonial institutions, continued forestry operations, future oil and gas projects, and growing non-Indigenous populations will inevitably result in increasing impacts to – and SCN alienation away from - already rare intact Crown lands where SCN sense of place and transmission of knowledge has a higher likelihood of occurring. In the context of pre- existing significant adverse effects on SCN sense of place, especially in the Green Zone within SCN traditional territory and increasingly in the Eastern Slopes, these additional

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incremental reductions in available land within which to practice SCN culture, must be considered a high magnitude effect.

Summary

Status of VC pre-1900: Impacted as a result of colonial regulations, but otherwise largely in-tact. Approximately 95% of territory available to SCN as Crown lands.

Major causes of change over time: Colonization, privatization for Euro-Canadian settlement of the prairies and uptake of land for agriculture; development of energy industry; emergence of industrial forestry, construction of network of roads and other linear disturbance.

Major outcomes of change over time: Restrictions of movement and enjoyment of territory; limitations on the practice of SCN rights; extensive adverse impacts to SCN culture from loss of territory and changes in access to territory as well as colonial institutions and mechanisms (Pass system, Residential Schools, etc.)

Effects on SCN rights practices: Decrease in harvesting success; restrictions on accessing specific resources in preferred areas; decline in ability to travel through much of SCN traditional territory.

Significance of change over time in the Pre-Project circumstance: high magnitude, significant and negative

Total cumulative effects loading in the Project Case: In combination with past and current impacts, as well as changes in the environment, and reasonably foreseeable projects, Project effects on SCN sense of place and transmission of knowledge will be significant and adverse. Reasonably foreseeable future projects and changes that will contribute over and above existing extensive losses include: future pipelines, hydraulic fracturing, and ongoing forestry operations, climate change, drying of wet areas, and increased fires. Each will likely further reduce SCN member sense of place through alienation and loss of functional accessibility or utility.

5.2 CULTURE AND HERITAGE RESOURCES

People have their churches. The mountains are our sacred places. And now it’s [the proposed Project] coming close to the mountainsides. And like what I said, you know, it’s interfering with the – it’s going to interfere with our – with those spirits that we communicate with. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S46)

SCN is working to preserve SCN identity, stewardship roles, and responsibilities through the protection of SCN Culture and Heritage. Culture and heritage resources important to

2 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Samson Cree Nation members within the Eastern Slopes of the Rockies, include, but are not limited to:

• Historic and Important Trails; • Burial Sites /Gravesites; • Camps, Cabins and Cabin Remains; • Historic Sites; • Oral History Sites and teaching areas; • Ceremonial, Plant, and Mineral Gathering Sites; • Sweat Lodge and Sundance Sites; • Buffalo and Elk Pounds; and • Cultural Landscapes17

While an in-depth description of these are provided in the SCN CEA Report ((Whittaker, Dimmer, and MacDonald 2019), new additional information related to SCN trails and burial sites is provided below.

Historic and Important Trails

You know, I'm seeing – I'm not seeing this map here. What I'm seeing right now, that is ingrained into my – from memory – is, I'm seeing little trails, little trails that go through certain areas, the rest stops that we have passed through, and you know, where we have worked. Where we went to work for a certain farmer. Or where we went and did some hunting, or where we went to pick certain type of – where we harvested a certain medicinal plant, or where we hunted. That’s what I'm seeing, of way back when I was, you know, growing up, back in the day. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S36).

Trails and travel routes were used extensively in the past by SCN families and remain important cultural features for guiding land use and teaching younger generations. Samson Cree ancestors travelled throughout the territory through a network of trails, including several that transect the proposed routing for both pipeline sections of the Project. The Palliser expedition in 1858 followed existing Indigenous trails. Figure 11 shows trails along branching off of the south fork of the North Saskatchewan in proximity to the Edson Mainline Loop No. 4 Alford Creek Section of the Project. Commonly used trails were also recorded on 3-mile sectional maps by Dominion Land Surveyors. Figure 12 shows historic trails near the location of the proposed water crossing of the Clearwater River (near Ricinus) for the Alford Creek Section of the Project. Figure 13 shows a trail near the proposed crossings of the Nordegg River and the Brazeau River for the Elk River Section. Section 12.0 of the Project ESA (NOVA Gas Transmission Ltd. (NGTL) 2019f) does not identify these trails therefore further investigation with SCN is merited. Samson member Traditional Knowledge about trails

17 Cultural landscapes and intangible cultural heritage resources are often strongly connected to physical heritage resources (though they may also existing without existing evidence of physical occupancy). However, cultural landscapes are a crucial element of SCN sense of place and discussed in-depth in the SCN CEA Report.

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and travel routes is an important component of Samson cultural heritage as trails provide ongoing connections to the Cree cultural landscape and are often closely associated with SCN burial sites and other SCN Culture and Heritage resources. Further work with SCN is required to document valued trails in the Project footprint.

Figure 11 Close up of 1858 Palliser Map of the Rocky Mountains [Colour added post map production -not by author] Source: Digitized from the William C. Wonders Collection, University of Alberta, 2011.

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Figure 12 Historic Trails in proximity to the Clearwater River SOURCE:3 Mile Sectional Maps- Rocky Mountain House Sheet 1916. (Highlights added) Available at: http://libdata.ucalgary.ca/public/mapscans/sectional_jpgs/N029967.jpg

Figure 13 Historic Trails in proximity to the Clearwater River SOURCE:3 Mile Sectional Maps- Brazeau Sheet 1916. (Highlights added) Available at: http://libdata.ucalgary.ca/public/mapscans/sectional_jpgs/N029973.jpg

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Burial Sites /Gravesites;

There might be some burial grounds in those mountains. We don’t know that. You know, people lived up there. People survived off the land and they lived everywhere. And that’s the concern that I would have if I was to be asked as an elder. (Tam and Firelight Research Inc. with the Samson Cree Nation 2019, S45).

Burial sites are sacred to SCN and need to be protected and respected. Given the extent of use in the Region by SCN ancestors and the network of trails, it is possible that unknown or unrecorded burials and historical resources may be located within and or in proximity to the Pipeline Right-of-way.

Current Status Of SCN Culture And Heritage And Degree Of Change Over Time

SCN has previously experienced impacts connected to loss and or damage of culture and heritage resources including:

• Instances where SCN members were not consulted when significant artifacts were found or damaged or destroyed. • Burial sites for SCN ancestors have been excavated and removed without even simple notification • Data collection/excavation is not considered appropriate mitigation for SCN culture and heritage resources • SCN identity and transmission of knowledge has been impacted from the loss and or degradation of cultural sites • With loss of Crown lands, SCN members have experienced alienation through restrictions on access to cultural sites and heritage values • Increased linear disturbance has fragmented the remaining sites and landscapes SCN members still have access to in the Green Zone within SCN traditional territory (See Section 4 of the SCN CEA Report Whittaker, Dimmer, and MacDonald 2019).

Cause of Change

Samson Cree access to many currently and historically important places is already severely impacted as a result of cumulative effects from a range of colonial and industrial influences:

• Disruption to physical cultural and heritage resources through habitat and ground disturbance from forestry, oil & gas, and infrastructure (e.g. roads) development. • Archaeological research, tied to development, undertaken without adequate engagement with SCN and resulting in destruction and removal of cultural property from SCN lands • Fragmentation of cultural landscapes through habitat loss and linear disturbance (pipelines, roads, transmission lines).

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• Alienation and changes in access to important cultural sites due to impacts on crown land

Project And Cumulative Effects On SCN Culture and Heritage Resources

Project impacts on SCN specific cultural and heritage resources have not been adequately identified by the Proponent (no collaborative studies undertaken) but are likely adverse. Few Samson Cree Nation Culture and Heritage sites have been shared or mapped. As SCN Ancestors travelled throughout SCN traditional territory there are important cultural and heritage sites throughout the Eastern Slopes of the Rockies. Weyerhauser predictive modelling indicates a moderate to high likelihood of heritage resources occurring along the south fork of North Saskatchewan River, Brazeau River , and Nordegg river within the Weyerhauser FMA (Weyerhauser 2005). SCN is concerned that the Project will harm yet unknown SCN Culture and Heritage resources. Data recovery is not acceptable mitigation as damage to SCN culture and heritage resources needs to be avoided. Additionally, future projects and ongoing forestry practices are likely to further disturb SCN physical culture and heritage resources as engagement with SCN to identify and protect these resources have been minimal.

Summary

Status of VC at 1900: Intact cultural landscapes sustaining SCN’s cultural practices. Highly valued sites undisturbed.

Major causes of change over time: Development (particularly agriculture, forestry, ranching and roads) led to fragmentation of landscapes required to support culture and rights. Important sites disturbance by extensive land conversion and industrial land use.

Major outcomes of change over time: SCN Culture and Heritage resources removed or destroyed without SCN knowledge or permission. Reduced access to critically important places for the practice rights and access to important places constrained.

Effects on SCN rights practices: Loss of critically important places, stories, teachings, and properties required for Culture and Rights. Impacts to ability to pass on SCN history, values, and culture to future generations.

Existing condition: Significant adverse effect, negative.

Project-specific residual adverse effects likely: Yes, mitigation measures proposed are unlikely to be effective and do not address SCN concerns regarding cultural and heritage resources.

Total cumulative effects loading in the Project Case: Significant, given conditions at baseline. Impacts on SCN rights and cultural practice related to ceremony, harvesting, identity and history are significant due to conditions at baseline. Within the context of existing and ongoing impacts, residual Project effects will further erode SCN rights and 7 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

cultural practice related to culture and heritage resources and culture and rights practices tied to cultural landscapes. Total cumulative effects loading: Project effects will likely be significant and adverse, and will act cumulatively with reasonably foreseeable developments, particularly incremental increases to habitat fragmentation and linear disturbance, loss of SCN access to Crown land ongoing and future disturbance (including escalating climate change impacts) to known and unrecorded SCN culture and heritage resources.

6. CONCLUSION

6.1 SUMMARY OF SUFFICIENCY OF RESOURCES AND RECOMMENDATIONS

Prior to the signing of Treaty 6, Samson Cree members - Samson Cree antecedents - had jurisdiction over land and natural resources in the Eastern Slopes (the Green Zone of SCN Territory in present day), and where NGTL is seeking to construct and potentially operate the proposed Project. As part of Samson Cree’s jurisdiction, Samson Cree controlled a vibrant economy in its traditional territory. A complex system of trade with neighbouring Indigenous Nations were established. Fish could be harvested at all times of the year. Moose and other preferred species critical for food, shelter and trade goods were readily available in preferred harvesting areas. The heart of the Samson Cree social economy was intact. Samson Cree could travel freely throughout their territory, camping where the game could be found and traveling back and forth to larger village sites. The laws and norms that have governed Cree peoples since time immemorial allowed for prosperity and continuity over time and space. Cree laws, cultural practices, traditions and language were very strong.

After 1900, this all began to change, in often rapid and often extremely damaging ways (to Cree and to the lands they depend upon). Our current base case or the status of the SCN VCs today is placed into the context of significant changes to the land and the enabling factors over time. When Project effects are placed into the context of foreseeable future Projects, environmental factors such as climate change among other factors (see Section 2), the impact of incremental projects, such as this one, has a magnifying effect to those people that access and use the diminishing Crown land base.

All told, a list of some of the cumulative effects (Including existing stressors, Project impacts and reasonably foreseeable future stressors) on Samson Cree include: • Significant erosion of ability of SCN members to access a diversity of plant communities and associated Culturally Important Plants due to changes in distribution of vegetation cover and availability (including distance required to travel for rare species) of culturally important plants to SCN members • Significant cumulative impacts to wetland abundance and function due to fragmentation and changes in climate which in turn will have significant impacts to VCs tied to wetland health such as culturally important plants and keystone species.

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• Significant cumulative impacts to availability of SCN preferred fish populations due to declines in quality and quantity of fish habitat. • Significant cumulative effects to SCN hunting due to habitat loss, fragmentation, and changes in the health and status of SCN preferred populations • Significant cumulative effects to SCN Sense of place due to continued and future degradation and alienation of SCN members from highly valued Crown lands. • Significant cumulative effects to SCN physical culture and heritage resources due to existing, Project, and foreseeable future disturbance and or removal. • In considering the cumulative context for VCs and in turn the enabling factors required for the practice of rights this Report demonstrates that both of these contexts must be considered highly vulnerable. Any residual Project effect therefore constitutes a significant adverse effect regardless of its scale given this vulnerable state. Additional work with SCN members is required to develop recommendations for appropriate mitigation and redress for these cumulative effects.

Table 7 Summary of Cumulative Effects and Sufficiency of Resources Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline Culturally Relatively Agriculture, oil Within Green Reduced access Important pristine, and gas Zone, to and Plants mixedwood development, including the confidence in upland forest, transportation, Project area, medicinal and grassland and expanding including food plants in wetland settlement permanent the Project- complexes with areas, linear conversion of affected area. rich cultural feature land to plant development, settlement or biodiversity. poor agriculture, reclamation transportation, standards, and linear features, industrial and managed, forestry. low diversity forests, among other factors. The diversity of plants for cultural use, and their relative abundance and health, has been

9 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline declining in recent decades. Wetlands Wetlands Agricultural Loss of Impacts to abundant and and urban number of medicinal intact expansion, wetlands and plants; impacts forestry, oil and wetland to culturally gas exploration function (e.g., important plants and water (e.g., berries); development, filtration, impacts to mining, roads, biodiversity, keystone fragmentation, habitat for rare species’ and more species) habitats; recently climate impacts to change. wildlife; water sources; and flood mitigations. Fish and Fish SCN preferred Habitat Five of the 17 Loss of valued Habitat species of degradation SCN preferred species; loss of management from fish species key resources concern were agriculture, documented in required to likely abundant urbanization, the RSA are support other prior to forestry and considered to traditional disturbance. energy be of practices. industries; management habitat concern. Bull fragmentation trout, lake from stream sturgeon, crossings; rainbow trout, overharvesting and Arctic from grayling commercial populations and/or sport- have fishing; experienced interactions declines of up with introduced to 70%, species; and relative to the climate change. pre-1960 population size.

10 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline Population declines for these species are anticipated to continue under current conditions. Caribou Woodland Habitat loss, Range SCN hunted caribou fragmentation, contraction caribou and populations and northwards; used them for a were considered degradation; population variety of stable. Total changes in levels have purposes, population predator-prey decreased including food count was dynamics; precipitously and cultural unknown climate change. over the last practices. This Woodland several right is no caribou range decades, longer practiced extended further particularly in as caribou south than the 1940s, and populations are current southern again since the very low at this extent. 1970s. time.

Grizzly Bear Self-sustaining Development Extirpation of Decline in a grizzly bear (particularly the Prairie highly populations agriculture, grizzly bear spiritually and throughout the forestry, subpopulation culturally project area and ranching and declared as of valued species SCN territory, roads) has led 1991. within SCN sustaining to loss of Throughout territory, loss of SCN’s cultural secure habitat the Green SCN ability to practices and and increased Zone, grizzly effectively responsibilities human-bear bear practice rights related to this conflict. populations and stewardship species. Mortality continue to role for this VC. caused by decline. High poaching, SCN concerns accidental due to the collisions with spiritual highway importance of vehicles or grizzly bears. trains, self-

11 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline defense kills, and black bear hunters mistakenly identifying grizzly bears as black bears. Moose Moose Industrial and Increased Decreased populations agricultural fragmentation availability of were self- development of habitat, preferred sustaining and has contributed increased hunting areas readily available to increased hunting and for important in preferred habitat loss, predation subsistence harvesting fragmentation pressure on species with areas. Habitat and moose, cultural was relatively degradation. decreased importance for intact aside Within SCN availability of SCN members. from traditional preferred Impact to SCN disturbance by territory, the hunting areas rights related to bison and fire. White Zone is for SCN moose hunting, no longer members. associated available for cultural SCN cultural practices and practices stewardship related to rights. Loss of moose, due to ability to permanent practice culture conversion of and rights land combined related to with the moose. inaccessibility of remaining suitable habitat to hunters. Within the Green Zone, habitat loss combined with increases in linear feature density has

12 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline resulted in observed reductions in moose population numbers throughout this area. Elk Elk populations Industrial and Increased Decreased were self- agricultural fragmentation availability of sustaining and development of habitat, preferred readily available has contributed reduction in hunting areas in preferred to increased the for important harvesting areas habitat loss, availability of subsistence (Whittaker, fragmentation preferred species with Dimmer, and and degradation hunting areas cultural MacDonald (Whittaker, for SCN importance for 2019). Habitat Dimmer, and members as SCN members. was relatively MacDonald habitat Impact to SCN intact aside 2019). Linear fragmentation rights related to from feature density and non- elk hunting, disturbance by and Indigenous associated bison and fire accessibility of hunting cultural (Whittaker, elk for hunters pressure practices and Dimmer, and and predators increases. stewardship MacDonald has increased rights. Loss of 2019). (Whittaker, ability to Dimmer, and practice culture MacDonald and rights 2019). related to elk.

Migratory Abundant Overall habitat Within the Direct habitat Birds migratory bird loss and western loss/degradation populations; degradation portion of (wetlands, healthy wetland linked to SCN mature forest, complexes, expansion of traditional grasslands), and mature forests agriculture and territory, conversion of conditioned by grazing, native bird ecologically natural urbanization habitat has functional bird disturbance fire and rural been removed habitat from regeneration settlement, oil or degraded public to private

13 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline (frequent fires), and gas such that land ownership, and extensive development, many are two major native forestry, migratory and causes of prairie/grassland transportation resident reduced access ecosystems. infrastructure, species’ to migratory linear feature populations bird habitat in development. are in decline. the Project area Within the and SCN eastern traditional portion of territory more SCN broadly. Where traditional existing oil and territory (the gas White Zone), infrastructure there is little intersects or lies remaining adjacent to migratory bird hunting areas, habitat in including the terms of intact Project area, wetlands, old SCN members forests and confidence in grasslands, the health of and what little resources is that remains is reduced. not accessible to SCN for the practice of their Treaty rights. Hunting and Large areas of Development Loss of Loss of, or Habitat intact wildlife (particularly caribou and reduced Fragmentation habitat and agriculture, bison; availability of, populations forestry and declining critically sustain SCN’s ranching) has populations of important cultural led to preferred subsistence practices and fragmentation species; high species with responsibilities of habitat SCN concern cultural related to particularly for due to reliance significance; hunting. Bison wide ranging on species for impact to SCN prolific but species. Linear cultural rights related to declining to late feature density practices and hunting and

14 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline 1880s. Caribou, has increased, subsistence; associated moose, elk, and access for high levels of cultural other preferred hunters and fragmentation practices and species, are predators has in wildlife stewardship readily available increased, habitat. rights. Loss of with self- spraying of ability to sustaining pesticides and practice culture populations in herbicides has and rights preferred increased with related to bison harvesting expansion of and caribou. areas. forestry and agriculture.

Sense of Place Impacted as a Colonization, Restrictions of Decrease in result of privatization movement and harvesting colonial for Euro- enjoyment of success; regulations, but Canadian territory; restrictions on otherwise settlement of limitations on accessing largely in-tact. the prairies and the practice of specific Approximately uptake of land SCN rights; resources in 95% of territory for agriculture; extensive preferred areas; available to development of adverse decline in SCN as Crown energy impacts to ability to travel lands. industry; SCN culture through much emergence of from loss of of SCN industrial territory and traditional forestry, changes in territory. construction of access to network of territory as roads and other well as linear colonial disturbance. institutions and mechanisms (Pass system, Residential Schools, etc.) Cultural Intact cultural Development SCN Culture Loss of Heritage and landscapes (particularly and Heritage critically Resources sustaining agriculture, resources important SCN’s cultural forestry, removed or places, stories,

15 CUMULATIVE EFFECTS ON THE ABORIGINAL RIGHTS AND INTERESTS OF SAMSON CREE NATION

Valued Status of VC at Major causes Major Effects on SCN Component pre-industrial of change outcomes of rights baseline (1900 overtime from change over practices AD) pre-industrial time baseline practices. ranching and destroyed teachings, and Highly valued roads) led to without SCN properties sites fragmentation knowledge or required for undisturbed. of landscapes permission. Culture and required to Reduced Rights. Impacts support culture access to to ability to and rights. critically pass on SCN Important sites important history, values, disturbance by places for the and culture to extensive land practice rights future conversion and and access to generations. industrial land important use. places constrained.

CITATIONS

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http://books.scholarsportal.info/viewdoc.html?id=/ebooks/ebooks0/gibson_cppc/2015- 03-25/1/11009432. Farr, Dan, Andrew Braid, and Simon Slater. 2018. “Linear Disturbances in the Livingstone- Porcupine Hills of Alberta: Review of Potential Ecological Responses.” Government of Alberta, Environment and Parks. open.alberta.ca/publications/9781460140338. FNMPC. 2019. “Major Project Assessment Standard: Member-Developed Principles, Criteria, and Expectations to Guide Major Project Environmental Assessments.” https://static1.squarespace.com/static/5849b10dbe659445e02e6e55/t/5cdc93e2fa0d6007b 00b5a2d/1557959669570/FNMPC+MPAS+FINAL.pdf. Forcorp Solutions Inc. 2012. “Regional Forest Landscape Assessment North Saskatchewan Region.” Prepared for: Forest Management Branch Alberta Environment and Sustainable Resource Development. https://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/formain15752/$file/RegForL andAssess-NorthSask-Jun12-2013.pdf?OpenElement. Frair, Jacqueline L., Evelyn H. Merrill, Hawthorne L. Beyer, and Juan Manual Morales. 2008. “Thresholds in Landscape Connectivity and Mortality Risks in Response to Growing Road Networks.” Journal of Applied Ecology 45 (5): 1504–13. https://doi.org/10.1111/j.1365-2664.2008.01526.x. “General Boundary Information - Sustainable Forest Management 2015 Facts & Statistics.” 2017. Agriculture and Forestry, 6. Government of Alberta. 2014. Alberta Wetland Policy. http://public.ebookcentral.proquest.com/choice/publicfullrecord.aspx?p=3290619. ———. 2015. “Alberta Wild Species General Status Listing.” https://open.alberta.ca/dataset/ad0cb45c-a885-4b5e-9479- 52969f220663/resource/763740c0-122e-467b-a0f5-a04724a9ecb9/download/sar- 2015wildspeciesgeneralstatuslist-mar2017.pdf. ———. 2019a. “2019-2046 Population Projections - Alberta and Census Divisions (Full Report).” https://open.alberta.ca/dataset/90a09f08-c52c-43bd-b48a- fda5187273b9/resource/2ba84ee4-c953-457c-a8c7-351f6dd68abf/download/2019-2046- alberta-population-projections.pdf. ———. 2019b. “Alberta Population Projections 2019 -2046 (Infographic).” https://open.alberta.ca/dataset/45d8dc72-58d7-4b92-b3e6- 589cf1869233/resource/fce811e9-c93a-42cb-a64c-6a93e77489e0/download/alberta- population-projections-infographic-2019-2046.pdf. Jalkotzy, M.G., P.I. Ross, and M.D. Nasserden. 1997. “The Effects of Linear Developments on Wildlife: A Review of Selected Scientific Literature.” Report prepared by Arc Wildlife Services Ltd. for Canadian Association of Petroleum Producers Report: 1-354. Calgary. Johnson, Paulina R., and Regna Darnell. 2017. “E-Kawôtiniket 1876: Reclaiming Nêhiyaw Governance in the Territory of Maskwacîs through Wâhkôtowin (Kinship).” Western University Graduate and Postdoctoral Studies. Morgantini, Luigi E, and John L Kansas. 2003. “Differentiating Mature and Old-Growth Forests in the Upper Foothills and Subalpine Subregions of West-Central Alberta.” The Forestry Chronicle 79 (3): 602–12. https://doi.org/10.5558/tfc79602-3.

Neilson, Eric W., and Stan Boutin. 2017. “Human Disturbance Alters the Predation Rate of Moose in the Athabasca Oil Sands.” Ecosphere 8 (8): e01913. https://doi.org/10.1002/ecs2.1913. Nernberg, Dean, and David Ingstrup. 2005. “Prairie Conservation in Canada: The Prairie Conservation Action Plan Experience.” US Forest Service General Technical Report. https://www.fs.fed.us/psw/publications/documents/psw_gtr191/psw_gtr191_0478- 0484_nernburg.pdf. North Saskatchewan Watershed Alliance. 2009. “Cumulative Effects Assessment of the North Saskatchewan River Watershed Using Alces.” Submitted by Dr. M.G. Sullivan, ALCES Group. Edmonton, Alberta: The North Saskatchewan Watershed Alliance Society. https://www.nswa.ab.ca/wp-content/uploads/2017/09/CUM_EFFECTS_alcesOct8- 2009.pdf. NOVA Gas Transmission Ltd. (NGTL). 2018. NGTL 2021 Expansion Project Environmental and Socio-Economic Assessment Section 4.0 Assessment Methods. ———. 2019a. Edson Mainline Expansion Project Application. ———. 2019b. Edson Mainline Expansion Project Environmental and Socio-Economic Assessment Executive Summary. ———. 2019c. Edson Mainline Expansion Project Environmental and Socio-Economic Assessment Section 1.0 Introduction. ———. 2019d. Edson Mainline Expansion Project Environmental and Socio-Economic Assessment Section 2.0 Project Description. ———. 2019e. Edson Mainline Expansion Project Environmental and Socio-Economic Assessment Section 4.0 Assessment Methods. Olson, Rachel, Molly Malone, and Firelight Group Research Cooperative with the Samson Cree Nation. 2015. “Samson Cree Nation Knowledge and Use Study Report for Enbridge Inc.’s Edmonton to Hardisty Pipeline Project. March 2, 2015.” Orphan Well Association. 2019. “Orphan Well Association Annual Report 2018.” https://www.orphanwell.ca/wp-content/uploads/2019/07/OWA-2018-19-Ann-Rpt- Final.pdf. Post, John Robert, Jennifer Louise Gow, and Comité sur la situation des espèces en péril au Canada. 2012. COSEWIC Assessment and Status Report on the Bull Trout, Salvelinus Confluentus, South Coast British Columbia Populations, Western Arctic Populations, Upper Yukon Watershed Populations, Saskatchewan - Nelson Rivers Populations, Pacific Populations, in Canada. http://publications.gc.ca/collections/collection_2013/ec/CW69- 14-659-2013-eng.pdf. Rieman, Bruce E, and John D Mclntyre. 1993. “Demographic and Habitat Requirements for Conservation of Bull Trout,” September, 42. Russell, Tara, Danielle Pendlebury, and Alison Ronson. 2016. “Alberta’s Caribou: A Guide to Range Planning Vol. 2: Little Smoky.” Canadian Parks and Wilderness Society, Northern Alberta. https://cpawsnab.org/wp- content/uploads/2018/03/CPAWS_Guide_to_Caribou_Range_Planning_Vol_2_Little_S moky.pdf. Samson Cree Nation. 2009. “Letter to Enbridge Northern Gateway Pipelines, RE: Northern Gateway Pipeline.” CEAA Registry. https://www.ceaa- acee.gc.ca/050/documents/35526/35526E.pdf.

———. 2015a. “Samson Maskwacis Cree Cultural Impact Assessment & Recommendations Report for the Written Submission NEB Regulatory Submission L3RP.” ———. 2015b. “Interim Report for Samson Cree Nation’s (SCN) Traditional Land Use Study for Kinder Morgan’s Trans Mountain Expansion Project (TMEP).” Prepared by Samson Cree Nation Consultation Coordinator and Traditional Land Use Lead for Kinder Morgan. ———. 2018. “Springbank Off-Stream Reservoir Project Written Submission.” https://www.ceaa-acee.gc.ca/050/documents/p80123/123697E.pdf. ———. 2019a. Samson Cree Nation Information Request to Nova Gas Transmission Ltd. November 28, 2019. ———. 2019b. “Notes from Chief’s Luncheon and Community Verification Meeting for NGTL 2021 Project Cumulative Effects Assessment.” Schneider, Richard R. 2013. “Alberta’s Natural Subregions Under a Changing Climate: Past, Present and Future.” Biodiversity Management and Climate Change Adaptation Project. Tam, Jordan, and Firelight Research Inc. with the Samson Cree Nation. 2019. “Samson Cree Nation Traditional Knowledge and Use Study Specific to Nova Gas Transmission Ltd.’s Proposed 2021 NGTL System Expansion Project.” Weiler, Jason. 2010. “Conserving the Grasslands of Southern Alberta: Three Candidate Areas for Protection.” Report prepared by Canadian Parks and Wilderness Society. https://cpaws-southernalberta.org/wp- content/uploads/2018/06/Conserving_the_Grasslands_of_Southern_Alberta_Report_FIN AL_June11.pdf. White, Joanne C., Michael A. Wulder, Txomin Hermosilla, Nicholas C. Coops, and Geordie W. Hobart. 2017. “A Nationwide Annual Characterization of 25 Years of Forest Disturbance and Recovery for Canada Using Landsat Time Series.” Remote Sensing of Environment 194 (June): 303–21. https://doi.org/10.1016/j.rse.2017.03.035. Whittaker, Carolyn, Katy Dimmer, and Alistair MacDonald. 2019. “Cumulative Effects on the Aboriginal Rights and Interests of Samson Cree Nation.”

APPENDIX 1: DETAILED METHODOLOGY

Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019.

SCN Rights

SCN citizens have constitutionally protected Aboriginal and Treaty Rights3 to hunt, fish, trap, governance rights and environmental stewardship rights incidental to Samson Cree’s ability to meaningfully exercise their established Treaty No. 6 Rights. SCN practice of rights is inextricably tied to the health of the land (Johnson 2017). The ability to practice rights relies on sufficient quantity and quality of “enabling factors”, tangible resources including fish, culturally important plants, water and game and intangible resources such as language, spiritual sites, cultural landscapes and the transmission of knowledge.

SCN Stewardship

In addition to rights within its territory, SCN has responsibilities as well. As the original stewards of Samson traditional territory, Samson Cree Nation believes it has a duty to the Creator to protect and preserve Mother Earth to protect Samson citizen’s wellbeing and to ensure the continuity of Samson’s way of life and identity (Samson Cree Nation 2018b).

Environmental stewardship of SCN territory, including advocacy for the land, is also a vital component of SCN Aboriginal rights and interests. Elder Saddleback raised this importance in Samson’s Oral testimony:

“I can be here for a long time to try and make my point across how important it is, you know, this land. When they made treaties, most of those tribes, they said that we come from this land. We're part of this land. And to this day, we still have to advocate for our mother, for our real mother, the earth.” (Elder Kenneth Saddleback, Samson Cree Nation 2018a, line 234)

Samson stewardship is framed within the context of the meaningful practice of Aboriginal rights of up to 7 future generations. According to one SCN Elder,

“The Samson Cree Nation and the Crown must plan for and consider the consequences to 7 generations in the future unseen (>140 years).” (Samson Cree Nation 2019)

CUMULATIVE EFFECTS ASSESSMENT METHODOLOGY

SCOPE OF CUMULATIVE EFFECTS ASSESSMENT

Methods

As per good practice of cumulative effects assessment, this is a Valued Component-focused cumulative effects assessment rather than a Project contribution-focused cumulative effects assessment. What this means is that rather than looking solely for overlaps of other potential

3 SCN rights protected by but not limited to Treaty 6, Natural Resources Transfer Act, and Section 35 of the Constitution Act

15 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. effects causing activities with the proposed Project’s footprint, we have focused on establishing total cumulative effects loading at the range of the resource value or Valued Component in question.

Many of these Valued Components are mobile resources, including wildlife, water, fish, and Indigenous peoples practicing their traditional land uses. Therefore, it is important to examine all the effects-causing activities throughout the range of these mobile resources rather than focusing on impacts artificially based on proximity to the Project in question. For example, the health of a regional stock of fish is impacted by alterations to lands and water and changes in harvesting pressures not within a single portion of a river, but within that entire river system. If we want to understand the state of vulnerability of that fish stock to further change, we must understand all those pressures, throughout the watershed. Anything less is an illusion, an underestimation of total effects loading.

The Valued Component-focused assessment requires specific regional scope for assessment of each Valued Component. Scope is defined in the Valued Component-specific section. For example, for the purpose of this report, impacts to SCN Sense of Place is assessed in the geographic context of SCN’s traditional territory (described above and shown in Figure 1). This is because SCN members expect, under their treaty rights, to be able to practice their traditional land and resource use activities anywhere throughout their traditional territory. Any constraints on access to lands, quality of lands, or health and populations of the harvested resources, at any place within SCN territory and throughout SCN territory in total, is a cumulative effect on this Valued Component. As the number, size and contiguity of places where traditional activities can be successfully and meaningfully conducted by SCN members reduces, the total cumulative effects on this Valued Component increases, and the vulnerability of this Valued Component to any further adverse changes likewise increases. At the same time, the value of specific places in an ever-dwindling cultural landscape where these values still exist, and where Treaty rights can be practiced, increase immensely in value due to their rarity.

Spatial Scope of Assessment

For this report, to capture the extent of Project and cumulative effects on SCN Values/Valued Components a 25 km buffer around the Project footprint was used as a Regional Study Area (RSA). Due to the widespread impacts connected to SCN Sense of Place and Culture and Heritage Resources the entirety of Samson Cree traditional territory was used (see Table 2).

Table 2 Value Study Area Value Theme RSA

Environment 25 km buffer (watersheds were used for water, fish and fish habitat)

Wildlife Wildlife VCs use ranges of species (see VCs)

Sense of Place and Cultural and Heritage Samson Cree Nation Territory Resources

Temporal Scope of Assessment

Good practice of cumulative effects assessment requires consideration of impact causing agents (stressors) back in time to a reasonable and meaningful baseline, preferably before major

16 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. anthropogenic changes to the landscape began. This establishes what the natural conditions were like before industrially caused changes began. This is important to establish some biological references for natural disturbance as well as for consideration of settler-caused changes to the environment enjoyed by Indigenous peoples before and for some time after contact. Without this appropriate temporal backcast, it is impossible to calculate the “past” part of cumulative effects - which must, after all, consider “past, present and reasonably foreseeable future” impacts on each Valued Component. Suggestions that somehow characterizing current conditions allows us to both count and understand the causes and effects of all the changes that have previously occurred, are self-evidently false.

Establishing an appropriate backcast depends on data availability, including qualitative data from Indigenous peoples’ recollections and traditional knowledge about change over time, and quantitative data about indicators such as changes in land use cover and wildlife and fish population levels and geographic distributions over time. The absence of perfect data for conditions in the past, however, is not an excuse not to anchor the cumulative effects assessment in the past. Information can be triangulated from many sources to get a picture, however imperfect, of trends over time in the health/status of a Valued Component. A puzzle on the table with some missing pieces still shows you more than one in a box.

Since this is a Valued Component-focused assessment, each Valued Component has its own temporal backcast, based on data availability and consideration of the time frame when large scale anthropogenic changes began to impact on the Valued Component. For example, in relation to sense of place, while changes started to occur to Samson Cree territory prior to the 1880s, rapid changes began after 1905 and mapped data showing these changes becomes more readily available after this date as well. A qualitative narrative of change, therefore, can begin further back in time than the quantitative picture of that change; both will be integrated herein. The story of change is a cumulative history.

Proper cumulative effects assessment must also look to the future as well. Forecasting the future is an imperfect science, but a necessary one if reasonably foreseeable future change is to be included in the assessment. Where possible, research related to climate change impacts on VCs was found and incorporated. All possible factors should be considered, within reason and constraints of this project scope, when considering change over time for VCs – including human activities and even small incremental changes that are not normally subject to Environmental Assessment (for example, forest harvesting cutblocks and small mine permits).

In addition, the forward-looking aspect of a proper cumulative effects assessment will gauge future likely change not merely against today’s conditions (often heavily disturbed) or from past conditions (which may or may not be feasible to regain in the future), but also against the goals, aspirations and expectations of the future for the impacted parties, in this case the people of Samson Cree Nation. The forward-looking portion of this cumulative effects assessment will examine likely total cumulative effects in the future case against SCN’s aspirations and expectations, especially in relation to the ability to reconnect with a larger portion of traditional territory and for future generations to be able to meaningfully practice SCN’s Inherent and Treaty No. 6 Rights and Interests.

Scope of Issues

As described in Section 1, the proposed NGTL 2021 project includes three discrete study areas and additional compressor stations, all of them within the western portion of SCN territory at the

17 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. eastern edge of the foothills of the Rocky Mountains west of Edmonton and Calgary. The western portion of SCN territory is critical to the practice of rights partly due to the high proportion of the area that is Crown land and because it supports continued intergenerational practice of cultural and harvesting activities including, but not limited to:

● Medicinal Plants and Berry Picking ● Camping ● Fishing / Fish Trap ● Hunting / Hunting Areas ● Gathering / Ceremonials Areas ● Trails and Water Routes

There are two key considerations in defining the scope of issues in a cumulative effects assessment. The first is to define what matters most? What are the values that merit consideration in the assessment? These Valued Components must be important, and they must also be potentially impacted by the Project in question. For this Report, Values were identified and confirmed by the Samson Cree Nation Consultation Committee and verified through a community meeting (Samson Cree Nation 2019).

The second key consideration is to define the scope of the impact-causing agents or stressors that have, are, or likely will change the Valued Components. While this may seem like a simple logical determination, in fact many cumulative effects assessments in the past have ignored many – and in some cases, most – of the pressures that cause adverse changes to Valued Components. In many cases, only major projects – often defined as ones that merit a formal environmental assessment – have been included impact causing agents in cumulative effects assessments. This can create a situation where a large proportion of contributing factors and as a result, a large portion of overall change – because it is sub-EA threshold in nature or doesn’t require permits and licenses at all – can be ignored, again leading to a large underestimation of total cumulative effects loading on Valued Components. Examples of impact-causing agents that are sometimes artificially excluded from cumulative effects assessment include road building, the vast majority of oil and gas development activities, farming and ranching, forestry, water diversion, government hunting and fishing policies, and urbanization, among other major impact causes. This cumulative effects assessment makes every effort to identify these causes and include them in the cumulative effects characterization.

Assessment Lens - Rights Enabling Factors Approach

Following MacDonald (2014), this preliminary assessment of cumulative effects on SCN Aboriginal rights and interests adopts an approach that examines the factors required to enable the full practice of these rights and interests within SCN territory. This approach holds that at minimum, the full practice of SCN culture, mode of life and the above-noted Aboriginal rights reasonably includes (but is not limited to) access to sufficient lands and resources, among other key factors in which the use of resources can be achieved. This approach accounts for both the quantity and also the quality of resources and is evaluated from the perspective of what is required to fulfill not only subsistence requirements, but also cultural needs, and by extension, ecological integrity needs, of the First Nations and the resources they rely upon, now and into the future.

Critical factors encompass a suite of interconnected tangible and intangible resources that underlie the meaningful practice of Aboriginal rights and exercise of title. Any negative influence on any of

18 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. these “enabling factors” is arguably an adverse impact on SCN citizens’ meaningful practice of Aboriginal rights.

For the purposes of this assessment, the following rights “enabling factors” were considered:

● Healthy populations of fish, game and culturally important plants in preferred harvesting areas; ● Ability to maintain traditional land tenure and governance systems; ● Clean and plentiful water from natural sources on the land; ● Adequate, safe and well-known routes of access and transportation; ● An adequate land base within which to pursue seasonal rounds; ● Freedom from competition for access to and harvesting of resources; ● Confidence in the quality of country foods; ● Healthy cultural and spiritual relationships with the land; ● Abundant berry, other food crops and medicines in preferred harvesting areas; ● Adequate experience of remoteness and solitude on the land; ● Adequacy of – and access to – known and preferred habitation sites on the land; ● Feelings of safety and security on the land; ● High levels of traditional knowledge of specific locations and ability to pass this knowledge on across generations; ● A relatively unchanged visual landscape; ● A relatively “natural” non-visual sensory environment, including smell, taste, and noise sensory conditions; and ● Reasonable access to lands and resources accessible within constraints of time and cost.

A Samson Cree VC will be considered to be in a pre-existing state of significant adverse effects if one or more of the following applies:

○ The stock and/or health/status trend for that VC within SCN territory has noticeably declined between 1900 and today; or ○ The stock or health status is below a threshold identified as adequate to sustain the associated SCN rights; or ○ Those declines have created heightened vulnerability for that VC and related SCN values, rights and activities; or ○ SCN members report that these declines have adversely impacted on their ability to meaningfully practice their Treaty rights.

For each VC, it is the total cumulative effects loading, not the contribution of the Project, that is critical to the determination of significance. The significance of total cumulative effects must be examined within the context of past conditions or lesser-disturbed conditions, and not in reference to the current or accumulated state, which may represent a “damaged baseline”. To relate back to Councillor Katherine Swampy’s Oral Testimony, to understand what has changed and how SCN is affected you have to go back to what it was like before the “pinching” started (Councillor Katherine Swampy, Samson Cree Nation 2018a, line 267). Furthermore, proper Cumulative Effects

19 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019.

Assessment must ensure the protection of the vulnerable; it is the “pinchee” and not the “pincher” that must be the focus.

PRINCIPLES UNDERLYING METHODOLOGY IN THIS REPORT

Three additional principles underlie this report: it is holistic, based on SCN valued components, and focused on VC status or change.

Holistic

A holistic approach to cumulative effects is required to both represent SCN’s worldview and to adequately capture the effects experienced by SCN citizens now in SCN territory. SCN has experienced the piecemeal and siloed approach taken by government and regulatory bodies in other environmental assessments (“EA”). SCN stewardship promotes a holistic approach with the need to consider all aspects of the environment, including how they relate to one another.

Based on SCN Valued Components

SCN lands and water are already impacted by agriculture, oil and gas, forestry, and associated road networks, among other cumulative effects impact causing agents (stressors). These impacts to Mother Earth exacerbate the negative effects experienced by SCN citizens from colonial institutions such as residential school and the pass system. While it is beyond the scope of this study to examine the social and health impacts from potential contamination of food or water, future work to examine the interactions with social and health values is important. This report examines cumulative effects in the context of SCN Treaty rights and interests. For the purposes of this report, cumulative effects on Treaty rights and interests are defined as:

Cumulative effects from all sources including existing industrial projects and infrastructure on land, vegetation, water, wildlife and fish which cause or contribute to adverse effects on the ability of SCN citizens to practice their Aboriginal rights, or which impact on other related interests.

Valued Components (VCs) were identified for this report by SCN and were confirmed by the Samson Cree Consultation Committee. These VCs represent resources that are central to SCN values and support the practice of SCN rights and interests. In relation to the Project Affected Area, SCN identified Environment, Wildlife, Water and Fish, and Culture and Heritage. Within these themes fall the following values:

Environment:

● Culturally Important Plants ● Bees and Pollinators ● Wetlands ● Water quality and quantity ● Fish and Fish habitat

Wildlife

● Caribou

20 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019.

● Bison ● Grizzly Bears ● Hunting and Wildlife Habitat Fragmentation

Sense of Place and Cultural and Heritage Resources

● Samson sense of place in the Eastern Slopes ● Culture and Heritage Resources

It is important to note that the VCs discussed in this Report do not represent the entirety of SCN values or interests.

While SCN has not had adequate time and resources to develop an in-depth baseline and assessment of existing cumulative effects, preliminary work reveals that the existing pre-project circumstances for many of the VCs should be considered vulnerable. Additional in-depth work will be required in order to accurately characterize the potential foreseeable future project effects.

Focus on VC status (changes over time and space)

A desktop search was performed following the methods of Macdonald (2014) and Toth and Tung (2014) in order to gather and analyse Information on the status of each VC. Research included consideration of biological, temporal, and spatial scales in order to capture changes over time and space (that have not been considered in the Proponent’s application). Information relating to the status and (as appropriate) health of each VC was reviewed and is provided in summary in this report. VCs are examined at the “Stock” or regional sub-population level rather than the species level in order to maintain focus on what is occurring within SCN traditional territory now and impacting SCN rights and interests.

In the case of “sense of place” and ability to transfer knowledge from generation to generation, GIS data showing changes over time in the availability and quality of territory for Samson Cree members to travel through, reside in, and harvest from, was gathered. Sources included:

● All Base Data and Indigenous Reserve Boundaries retrieved from Natural Resources Canada (NRCAN): https://www.nrcan.gc.ca/earth-sciences/geography/topographic- information/download-directory-documentation/17215 ● Samson Cree Traditional Territory retrieved from Samson Cree Nation's Traditional Land Use Area Map. Territory was digitized in Google Earth. ● Linear Disturbance Data (Railways, Roads, Seismic Lines, Transmission Lines obtained from AMBI's Wall-to-Wall Human Footprint Inventory: http://abmi.ca/home/data-analytics/da- top/da-product-overview/GIS-Land-Surface/HF-inventory.html ● Historic condition (ca. 1900) retrieved from Department of the Interior (1881) Township Diagram and Department of the Interior (1908) Township Diagram

Traditional knowledge as not merely an input; but a decision-making frame

As noted in SCN’s Oral Testimony, Indigenous Traditional Knowledge (ITK) is more than just a way of life for SCN citizens and represents the intimate relation SCN citizens have with the physical,

21 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. mental, emotional, and spiritual life maintained by the health of SCN territory. Elder Bruno described ITK as a framework for knowing:

“Indigenous traditional knowledge you see is not in books for us to read, but rather a teaching that is underneath and on top of every rock, beneath and on top of every river bed, front and behind every blade of sweetgrass. Our educators whisper in the wind, howl at the grandmother moon, shout in the storms, laugh in the rain, glisten in the snow. Our knowledge is embedded in the tracks of our animal relatives and carried still on the sacred wings of (speaking in Native language), the eagle [Kihîw]” (Samson Cree Nation 2018a, Line 255).

ITK is typically marginalized and only paid lip service to by most Proponents in their applications. Samson ITK provided in previous ITK studies and EA written submissions were reviewed, integrated into this Report, and confirmed by the Samson Cree Nation Consultation Committee and at a community meeting (Samson Cree Nation 2019). As already noted, this Report is only a preliminary review and understanding of cumulative impacts to SCN values and Rights. SCN would like to pursue opportunities with the Proponent and the Crown for on-the-ground fieldwork with traditional ecological knowledge environmental monitors, technicians, and elders, working in tandem with western scientists to identify and resolve any identified environmental and historical resource issue in the field. The goals of ITK perspectives in this instance would be to assist the team in understanding any concerns observed in advance of any clearing, construction and during operations.

Limitations of the Report

This report is a preliminary consideration of cumulative effects on SCN values, rights and interests only, and it should not be considered as a complete reporting on the dynamic and living system of use and knowledge maintained by SCN elders and citizens. Given capacity constraints and lack of support from the Proponent, there was no Project-specific SCN-focused TLU or indigenous traditional knowledge (ITK) study conducted for consideration in the 2021 NGTL System Expansion Project Application. A study is currently underway and preliminary results were provided for consideration in this report by SCN Consultation Committee. This report was not informed by Project-specific interviews with traditional knowledge holders/land users. The research for this report is based on desktop secondary review and analysis. ITK pulled from secondary sources was confirmed by the Samson Cree Nation Consultation Committee and in a community meeting April 2019.

This report may contribute to, but in no way should be treated as a replacement for, further community-based studies and assessments that should be undertaken. As this report is preliminary, further research is required.

This report undertakes a review of the cumulative effects to SCN VCs but does not include an analysis of Project mitigations nor does it include recommended mitigation for cumulative effects. Additional work with SCN members is required to develop recommendations for appropriate mitigation or redress for cumulative effects. The report also does not focus assessment of cumulative effects on the wage economy, social, or health impacts on of SCN citizens and these research themes merit further attention through additional research. It is important to recognize that many of the professional findings, opinions, and conclusions set out in this report will also require further data collection and analysis, including a Project-specific ITK study, in order to complete a comprehensive CEA in relation to industrial and other anthropogenic (human-caused)

22 Cumulative effects of NGTL 2021 on the Rights and Interests of Samson Cree Nation: Preliminary desktop analysis April 2019. effects on the Aboriginal rights and interests of Samson Cree Nation. While data gaps do exist in the secondary documentation for extent and nature of SCN use and interests in this region, it is essential to recognize that absence of data does not suggest absence of knowledge, use or value.

SUMMARY OF IMPACT CAUSING AGENTS OR STRESSORS

TIMELINE OF PAST AND CURRENT CUMULATIVE EFFECTS IN SCN TERRITORY

Table 3 provides a timeline of key events related to the cumulative effects experienced by SCN members today.

Table 3 Timeline of Cumulative Effects in Samson Cree Nation Traditional Territory

Late 1700s – Early 1800s: Fur Trade Era

1795 – 1799 Fort Edmonton (1795), Fort Samson Cree Nation (Rocky Mountain Augustus (1795), Rocky Mountain Cree) Ancestors follow a seasonal round House (1799), and Acton House through the foothills of the Rockies and (1799) Fur trading posts the prairies, reliant on bison, moose, and established in Samson Cree elk. Also trapped for the fur trade. Nation territory.

Early 1800s Samson Cree Nation Ancestors the Rocky Mountain Cree are hunting, trapping, and travelling in the foothills of the Rocky Mountains and actively participating in the Fur Trade.

1820s Escalating conflict with the Blackfoot.

1840s First Christian missionaries arrive on the plains in SCN Territory.

1860s- 1900: Bison Decline, Treaty, Residential School

1869 Maskpetoon, principle chief of the Following signing of Treaty 6, Crees, important ancestor of Government policy restricts Samson