PRELIMINARY ASSESSMENT

Annex B: Summary of information available and preliminary depth of consultation assessment (DOCA)

Chiniki First Nation

Summary

The Major Projects Management Office (MPMO) conducted a preliminary depth of consultation assessment based on currently available information about the potential impacts of the NOVA Gas Transmission Ltd. 2021 Expansion Project (the Project) on Chiniki First Nation’s (Chiniki) section 35 Aboriginal and Treaty rights. This assessment will guide the design and implementation of the MPMO’s consultation activities with Chiniki First Nation.

Through this assessment, the MPMO sought to gain a preliminary understanding of the nature and extent of Chiniki First Nation’s section 35 Aboriginal and Treaty rights1. The MPMO then used this preliminary information to determine the extent to which those rights could be adversely impacted by the Project, and the likelihood of that impact. The assessment will be updated should new information to inform the assessment become available. The assessment is solely for the purposes of planning and conducting consultation; the assessment will not, in and of itself, form the basis for assessing the adequacy of consultation.

Preliminary Conclusion

Based on the information available at this time, the depth of consultation owed to Chiniki falls in the middle part of the consultation spectrum2.

If there is any additional information with regard to 1) potential or established section 35 Aboriginal and Treaty rights, or 2) the potential impacts of the Project on those rights, please provide this information to the Crown Consultation Team at nrcan.ngtl2021.rncan@.ca.

Summary of Currently Available Information about Chiniki First Nation

 Chiniki is one of the most northwestern representatives of the Siouan language family. Chiniki people speak the Stoney Language (Isga I?abi).

1 For the purposes of this document, the term “rights” means those rights (including title) – legally known as “Aboriginal and treaty rights” – held or asserted by an Indigenous collective by virtue of pre-sovereign occupation that was continuous and exclusive (in the case of title), pre-European occupation and use, or pre-effective control in the case of Metis rights, (including practices) that were integral to the distinct Indigenous collective (in the case of rights), a treaty (historic and modern) with the Crown, or a statute of the Parliament of Canada and which are recognized and affirmed by section 35 of the Constitution Act, 1982. 2 The Supreme Court of Canada’s decision in Haida Nation v. (Minister of Forests) (2004) explained that the duty to consult exists on a spectrum. Where a group falls on the consultation spectrum depends on the interaction between an Indigenous group’s rights and the potential impacts of a Crown decision, in this case the decision to approve the Projects, on those rights. PRELIMINARY ASSESSMENT

 Along with Bearspaw and Wesley First Nations, and Chiniki is a member of the Stoney Nakoda Nations (SNN). Members of SNN are the “people of the mountains” or Ĩyãħé Nakoda.  Chiniki has a total registered population of 1807, with 156 people living off reserve.  Chiniki has 6 Indian Reserves (IR): Big Horn IR no. 144a; Eden Valley IR no. 216; Stoney IR no. 142-143-144; and Stoney Rabbit Lake IR 142b.

Summary of Currently Available Information about Chiniki First Nation’s Rights

 Chiniki has established section 35 Aboriginal and Treaty rights and is a signatory to .  Chief Chi-ne-ka, or John Chiniquay, represented the Chiniki people during Treaty 7 negotiation in 1877 at Blackfoot Crossing.  Treaty 7 was the last of the negotiated and signed during the 1870’s covering the southern part of present-day Alberta.  Historical treaties such as Treaty 7 require by their text that the land be accessible for the exercise of protected rights and the fulfillment of outstanding treaty land entitlement.  Canada understands that through Treaty 7, the parties created mutually binding obligations, and that section 35 of the Constitution Act, 1982 recognizes and affirms Treaty rights.

Geography and Proximity to the Proposed Project

 Chiniki has established Treaty rights under Treaty 7. The Project’s southern Didsbury and Beiseker Compressor Stations are located within the western side of Treaty 7 Territory.  The Didsbury Compressor Station is approximately 42km from Stoney Rabbit Lake IR no. 142b, while the Beiseker Compressor Station is approximately 80km from Stoney IR no. 142-143-144.  Big Horn IR no. 144 is approximately 47 km from the Project’s proposed ROW. The next closest of Chiniki’s reserves to the proposed right-of-way, Stoney Rabbit Lake IR no. 142b, is approximately 116km away.  The project intersects with Chiniki’s traditional territory and current hunting, trapping, fishing, gathering, cultural and camping sites.  It is likely that Chiniki has made high use of the Project footprint for exercise of Treaty rights.

PRELIMINARY ASSESSMENT

Figure 1: Map Depicting Proximity of Stoney Nakoda Nations Indian Reserves (Bearspaw, Chiniki, Wesley First Nations) to the Project (Source: Stoney Nakoda Nations – Chiniki First Nation Section 35 Rights Assessment Report: NOVA Gas Transmission Ltd. 2021 NGTL System Expansion Project3)

3 Chiniki First Nation, 2019 (https://apps.neb-one.gc.ca/REGDOCS/Item/View/3768542) PRELIMINARY ASSESSMENT

Summary of Currently Available Information on the Project’s Potential Impacts on Chiniki First Nation’s Rights

This section contains preliminary information about the potential impacts of the Project on Chiniki First Nation’s established section 35 Aboriginal and Treaty rights. The MPMO compiled this information (see list below) from the following sources: MPMO records, National Energy Board (NEB) Regulatory documents, Crown-Indigenous Relations and Northern Affairs Canada’s (CIRNA) Aboriginal and Treaty Rights Information System (ATRIS) and information provided to the NEB by the proponent, NOVA Gas Transmission Ltd.

Impacts to plants and medicines:  Reduced access to plant and herb gathering sites in the Project area;  Introduction of invasive plant and insect species that displace native plants and medicines;  Destruction of habitat for plants and medicines when clearing the proposed right-of-way (ROW);  Diminished effects of medicines due to perceived contamination or medicines in the proposed ROW;  Contamination of plants, medicines and animals due to spraying herbicides on the proposed ROW;  Impacts to human and animal health due to contamination of plants, medicines and animals; and,  Loss of use and alienation from territory and exercising rights from the above impacts. o In their Section 35 Rights Assessment Report, Chiniki members identified 18 gathering sites within the Project Footprint, 18 gathering sites within the Project’s Local Study Area (LSA) (1.1km corridor), and 26 gathering sites within the Projects Regional Study Area (RSA) (20km corridor).4

Impacts to hunting and trapping:  Displacement of animals, including moose, deer, and elk, through habitat loss in the proposed ROW and from associated Project activities;  Decreased animal health and overall quality in the Project area;  Increased hunting pressure in the Project area; and,  Loss of use and alienation from territory and exercising rights from the above impacts. o In their Section 35 Rights Assessment Report, Chiniki members identified 23 hunting sites within the Project Footprint, 23 hunting sites within the LSA, and 29 hunting sites within the RSA. 5

Impacts to water, fish habitat and fishing:  Decreased fish quality and quantity;  Water pollution and low water levels in the Project area; and,

4 Chiniki First Nation, 2019 (https://apps.neb-one.gc.ca/REGDOCS/Item/View/3768542) 5 Chiniki First Nation, 2019 (https://apps.neb-one.gc.ca/REGDOCS/Item/View/3768542) PRELIMINARY ASSESSMENT

 Potential effects on water in general, including the impacts to Chiniki’s rights to water and water access. o In their Section 35 Rights Assessment Report, Chiniki members identified 9 fishing sites within the Project Footprint, 10 sites within the LSA, and 14 sites within the RSA.6

Impacts to Indigenous ceremonies, cultural events, and sacred sites:  Disturbance of, or blocked access to, ceremonial and sacred sites of cultural value; and,  Reduced transmission of Chiniki culture, identity, language, and knowledge to younger generations. o In their Section 35 Rights Assessment Report, Chiniki members identified 14 ceremonial, cultural and sacred sites within the Project Footprint, 14 sites within the LSA, and 18 sites within the RSA.7

Impacts to land use, access, and travel in important areas of traditional territory:  Alienation from land use in the Project areas due to disturbance, noise, clearing, increased non-Indigenous accessibility perceived health risks, and reduction of habitat for important species;  Potential safety concerns and accidents during the construction and operational phases of the proposed Project; and,  Ability to travel through and access the Project area to exercise rights during construction and operation (e.g. road closures, delay and reduced access).

Alienation from territory, land use, and exercising rights resulting from:  Cumulative effects on the environment and on Chiniki’s rights and interests.

6 Chiniki First Nation, 2019 (https://apps.neb-one.gc.ca/REGDOCS/Item/View/3768542) 7 Chiniki First Nation, 2019 (https://apps.neb-one.gc.ca/REGDOCS/Item/View/3768542))