Woodland Cree First Nation

Preliminary Issues Summary Indigenous Knowledge Study

TransCanada’s Carmon Creek Project

Preliminary Issues Summary Indigenous Knowledge Study

TransCanada Carmon Creek Project

Prepared on behalf of: Lands & Consultation Department Woodland Cree First Nation

Prepared by: Sherri Labour Becky Kostka

September 2014

Table of Contents

1 Introduction and Overview ...... 1 1.1 Indigenous Knowledge is Intellectual Property ...... 1 2 Information Collection Overview ...... 3 3 Preliminary Issues from IK Study ...... 4 3.1 Traplines and Traditional Use ...... 4 3.2 Wildlife Abundance and Health ...... 5 3.2.1 Moose Populations and Competitive Hunting ...... 5 3.2.2 Beaver and Muskrat ...... 6 3.2.3 Migratory Birds ...... 6 3.2.4 Fish ...... 6 3.2.5 Wildlife Health ...... 7 3.3 Medicines and Berries ...... 7 3.4 Woodland Cree Lifeways & Culture ...... 7 3.5 Fieldwork and Safety Requirements ...... 7 3.6 Cumulative Impacts to Traditional Lands ...... 8 3.6.1 Pipeline Spills and Fracking ...... 8 3.6.2 Water and Air Quality ...... 8 3.6.3 Human Health ...... 8 4 Recommendations ...... 9 4.1 Comprehensive Regional Studies ...... 9

List of Figures

Figure 1 WCFN Traditional Territory ...... 2

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1 Introduction and Overview

TransCanada Pipelines Limited (TCPL), through its subsidiary NOVA Gas Transmission Ltd., is constructing a pipeline project, Wolverine River Lateral Loop (the project), approximately 61 kms of which are within Woodland Cree First Nation’s (WCFN’s) stated traditional territory (Figure 1). The project crosses a total of seven Registered Fur Management Areas (RFMAs) or traplines, six of which are held by WCFN members. The entire project extends from the Otter Lake Compressor Station in the north, to Shell Canada’s Carmon Creek project lease in the south. In the spring of 2014, WCFN’s Lands Department undertook the task of amassing WCFN’s Indigenous Knowledge (IK) over their entire traditional territory. They hired a third-party consultant to devise and carry out an IK Study that would reflect the information needs of TCPL, while at the same time capturing some of WCFN’s IK in the project area. To date, a scoping meeting with trappers (4), a small number of interviews (3), and some fieldwork (3 days) has been completed. This document constitutes a preliminary summary of study results as interviews and interview transcripts have not been completed. A full analysis of study results has not been conducted, nor have results been reviewed and verified by study participants.

1.1 Indigenous Knowledge is Intellectual Property WCFN asserts sui generis rights over its IK and considers it to be the intellectual property of its members. The IK information shared in this report is therefore the individual intellectual property of WCFN members, and, collectively, of WCFN. WCFN maintains control and distribution rights to the information shared in this report, and considers it to be for the use of current project planning and regulatory application only. Use of this report for any other purpose, without the prior and informed consent of WCFN, is therefore strictly prohibited. The contents of this document have been reviewed and approved by the WCFN administration. As such, no part may be altered or edited. IK study work involved two Elders, three active harvesters, and four monitors/youth. The contents of this report therefore represent only a very narrow cross-section of WCFN IK and cannot be interpreted as a full, comprehensive or complete representation of WCFN use, occupancy, knowledge and/or rights.

Woodland Cree First Nation September 2014 TCPL Carmon Creek Project Page 1 Wadlin Lake

B i s o n L a k e

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1 WCFN of permission prior without distributed or lgiles By: 17/09/2014 Modified: Last Base data provided by the Governments of Canada and Alberta.

2 Information Collection Overview

This section outlines the steps taken to collect and present WCFN IK with respect to TCPL’s project. Prior to WCFN’s hiring of a third-party consultant, Golder Associates undertook some IK work with WCFN. A WCFN monitor participated in some of Golder’s biophysical field surveys; two WCFN monitors, one Elder and one active harvester participated in a winter flyover; and two Elders, one active harvester and two WCFN representatives were present for a meeting with Golder and TCPL in the winter of 2014. The WCFN directed IK study was comprised of several steps:  A preliminary scoping meeting that largely included the potentially affected trappers; two Elders and two active harvesters attended.  Three days of fieldwork in which WCFN Elders (2), a trapper and monitors (4 in total) investigated the project right-of-way (RoW) with Golder.  TCPL agreed to a scope change subsequent to the scoping meeting, and five interviews and the participation of an IK facilitator during fieldwork was added. Subsequent to the scoping meeting, and as per the direction of the WCFN administration and Lands Department, the IK study will not address individual trapper issues. Trapper issues and discussions with industry developers are a private matter. IK studies may address issues that are of interest to WCFN trappers, but WCFN’s IK work is an endeavour distinct and separate from trapper negotiations and consultation. Thus, issues that were brought up at the initial scoping meeting with trappers, and that were previously shared with TCPL, such as pipeline rerouting, relocation of sweat lodge and cabin, and jobs and contracts, will not be expanded on here or addressed in the IK study report. Trappers Edward Whitehead and Joe Whitehead Jr. declined to participate in the IK interviews for the TCPL project. Another trapline holder and WCFN member works full-time, and time and the availability of evening interview space did not permit her inclusion. As an alternate, and to fulfill WCFN’s goals of building a comprehensive, internal database of their mappable IK, two highly respected Elders were substituted. These interviews have been arranged, but have not yet been completed. The scoping meeting took place in June 2014, with fieldwork being carried out August, and interviews taking place in early September.

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3 Preliminary Issues from IK Study

This section includes a preliminary summary of issues and concerns based on WCFN’s IK and assessment of the potential effects and impacts from TCPL’s proposed project. The two main concerns that arose were related to potential pipeline breaks or leaks, and the impacts and access issues associated with increased traffic and use of the RoW. These are discussed throughout the following sections. WCFN IK information was mapped during the scoping meeting, interviews and fieldwork. However, this information is not presented in this preliminary issues summary, as it needs to be reviewed, verified and approved by study participants. WCFN is highly sensitive to the public sharing of their community’s cultural sites. WCFN is currently amassing its mappable IK into an integrated database. It is hoped that, once this is achieved, WCFN will be able to devise a land management map system that will both enable the protection of cultural sites and their locations, as well as providing a tool to the administration for discussions with industry and government.

3.1 Traplines and Traditional Use Two of the WCFN members potentially impacted by the proposed project were interviewed for the IK study – Elder Leonie Cardinal (RFMA #1764) and Chief Isaac Laboucan (RFMA #68). Two other WCFN trappers who hold and use traplines crossed by the RoW provided information in the scoping meeting and during fieldwork. All of the WCFN traplines crossed by the project have been held by WCFN members for several generations. Participants shared the location of three actively used cabins in the vicinity of the proposed project; all three of these cabins are slated to be moved due to disturbance by industry development. One of these, on RFMA #2396, is just adjacent to the RoW, and TCPL is working directly with the senior trapline holder to address. The main cabin on RFMA #68 is located approximately two kilometers east of the RoW at the dogleg north of km 25. The trapline owner is intending to build a new cabin at a less disturbed site. The third cabin is located on RFMA #1764 near km 0, within Shell’s Carmon Creek lease. She can no longer use this cabin due to existing activities in the area. The location of an historic cabin was also recorded during IK study fieldwork near the RoW. It is located directly adjacent to the RoW at km 33. Another historic cabin is located on this trapline (RFMA #68) some 11 kms east of the RoW at km 26. Historic WCFN trapping areas, with cabins and grave sites, were also identified in the Gull Lake and Long Lake areas. Both lakes are located at the northern end of the project. Gull Lake is approximately 10 kms east of km 55, and Long Lake is approximately 12 kms northeast of km 60. The trapline holder of RFMA #2396 has a sweatlodge that is adjacent to the RoW. TCPL is working directly with the senior trapline holder to address the relocation of this lodge. Several historical and current use trails are crossed by the project. One participant noted that he will likely have to create new trails on his trapline once the additional clearing for the RoW is done and the duff and debris is left on his current trails (RFMA #68). Trails are used for travel between homes in the settlement and bush homes on the

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trapline, and for accessing traditional harvesting areas. Impacts to traditional harvesting sites are discussed in the following sections. There are historic trails throughout WCFN’s territory. Various terms are used to describe them, indicating a diverse and long history of use. Some are old ‘wagon trails’ that were traversed with horse and wagon. These, and other trails of longtime use, may also be termed ‘old roads’. Many of these historic trails have been used by industry in creating their own roads, RoWs, access, cutlines (seismic work) and/or utility corridors. What this leads to is increased access and use, often by recreational users and sport hunters, in areas traditionally only used by WCFN. Trappers and traditional users are creating their own trails all the time. With the incursion of recreational users encouraged by the creation and widening of old trails, in addition to the creation of new access, these hand-cut trails also become ‘public’ use. A couple of study participants described how they cut new trails to avoid other trails that have been taken over by industry and have become too well used to be effective for traditional activities. One of the study participants reports having to chase ‘squatters’ out of his trapline. Normally it takes effort and knowledge to access traditional trails, but with industry activity and clearing, it is easy for ‘outsiders’ to access traditional WCFN areas. While the Alberta government requires trappers to name only a senior and junior trapper on their traplines, these areas are of cultural significance to the entire family, as well as extended family members. This is where most of a family’s traditional foods are obtained, much needed time away from the settlement is enjoyed, spiritual practices are conducted, and where younger family members receive exposure to and training in WCFN traditional cultural ways of knowing and doing.

3.2 Wildlife Abundance and Health Participants have noted a decline in wildlife populations and health. One stated that ‘industry does chase animals away’ when discussing the proposed project.

3.2.1 Moose Populations and Competitive Hunting WCFN members identified relatively undisturbed and reliable hunting for moose in the trapping area held by Chief Isaac Laboucan and the Whitehead brothers (RFMAs 68, 2396, 1441). All of these men are active users of their traplines and have been using this area for many years to get their annual supply of moose meat. They note that it is an area of rich habitat not only for moose, but for other species like wolf, elk, lynx and bear as well. Chief Laboucan has a tree stand that is directly adjacent to the proposed project near the proposed valves at WLVN20. This will be impacted by project construction. Chief Laboucan built this tree stand 15 years ago and has been using it ever since. Chief Laboucan identified numerous sites where he has harvested moose on his trapline. One of the creeks on his line is called ‘Dry Meat Creek’, an indication of how good and reliable the moose hunting is there. This creek is crossed by the RoW. Chief Laboucan expressed some concern about his continued ability to successfully harvest moose on his trapline with the added disturbance of the proposed project. His has had ‘squatters’ come and try and set up camp on his trapline, and is having to move his main cabin due to forestry clearing. The proposed project will disturb his moose

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hunting blind and trails. He would like to see a study conducted on moose population levels. During the scoping meeting, trappers described how sport hunters and industry workers use industry roads and cutlines to access WCFN’s territory and traditional areas. They often conduct their hunts and harvest in a very disrespectful manner. They waste the meat and have no respect for the animals. They are also very unsafe hunters, often just ‘blasting away’ with their guns and not taking adequate safety precautions to ensure that other hunters and users are not present. Participants also report that there are poachers who are illegally killing bears and only harvesting the hide, gallbladder and paws. Elder Leonie Cardinal identified two areas with salt licks at the southern end of the project in an area two to ten kilometers east of the RoW between kms 5 and 10.

3.2.2 Beaver and Muskrat The project traverses areas that are traditional harvesting areas for beaver and muskrat, as well as moose. During fieldwork, WCFN members noted that there were no beaver lodges near the RoW, which they found to be unusual. Chief Laboucan reports that, in recent years, there has been severe decline in muskrat and beaver populations on his trapline. There is a little lake on his line that he used to call ‘Rat Lake’ because there were so many rats there. He notes that he can no longer call it that because the muskrat are no longer there. He has counted up to 18 beaver on his trapline in past years; this year he has not seen a single beaver. During the scoping meeting, attendees discussed how community members are being asked by industry to be ‘exterminators’ and kill all the beavers on their traplines. One Elder shared how she was told to kill all the beavers on her line, but was then told she would have to take a drug test and get safety tickets to hunt on her own trapline. The elimination of all beavers in an area runs counter to WCFN IK, which teaches that harvests should be conducted in a respectful and sustainable fashion; some beavers must be left for the following year.

3.2.3 Migratory Birds The proposed project passes through trumpeter swan habitat. Chief Laboucan shared how he takes his daughter out to view the swans on his trapline, and notes how she never seems to want to come back to Cadotte Lake during her visits to the trapline. He is concerned because swan populations in a small waterbody on his trapline (just north of km 25) have declined in recent years. He fears this may be related to recent activity along the RoW related to the proposed project. Participants noted migratory waterfowl seem to be disappearing from their territory; a lot less ducks have been observed in recent years.

3.2.4 Fish Populations of arctic grayling are declining in WCFN’s traditional territory. They used to come upstream into all the little creeks and streams, and spawn in small ponds throughout the area.

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3.2.5 Wildlife Health Participants have observed unusual occurrences of wildlife death. One participant, whose father keeps horses, used to see rabbits around the hay bales ‘all the time’. They are now seeing dead rabbits, with no obvious cause of death. He has also seen dead crows and ravens with no apparent cause of death. Caterpillars, beetles and spiders getting much larger, and participants wonder what could be causing this.

3.3 Medicines and Berries Many medicines and traditional foods and their uses were pointed out, by both Elders and monitors, to the IK facilitator during fieldwork. It is clear that WCFN has a vast amount of knowledge of the medicines in their territory, and that they are actively passing this information on to their younger members. Elder Leonie Cardinal shared that the RoW passes though a medicinal plant gathering area between kms 3 and 6. At least seven berry patches were identified along the RoW during field investigations. The great majority of these were areas of blueberry, but raspberry, cranberries, choke cherries, moose berries and bog berries were also identified. Numerous medicinal species were also identified and shared, as well as commonly used species such as Labrador tea and mint. One of the study participants, who collects medicines for his family and friends, commented that it is getting more and more difficult to find undisturbed places in which to gather the medicines he needs. A lot of his gathering places are ‘gone’ or impacted by oil and gas seismic work and leases. Another participant noted his concern that chemical spraying for RoW maintenance is having a negative impact on traditional medicines and animals.

3.4 Woodland Cree Lifeways & Culture Woodland Cree members are active users of their territory, and practice their culture daily. Cree is the working language in the community, among both young and old. Elder Leonie Cardinal stated, “It’s our way of life and it’s just part of us.” During fieldwork, one of WCFN monitors expressed his preference for working as a monitor as opposed to taking a job with industry due to his desire to preserve his culture and ‘save the land for my kids’. WCFN members expressed that they wish to maintain their ‘Cree ways’. To successfully do this, industry must do everything possible to minimize impacts to WCFN traditional lifeways and livelihoods.

3.5 Fieldwork and Safety Requirements The proponent’s requirements for safety and orientation for fieldwork made it very difficult for WCFN Elders to participate in on-the-ground investigations. Three days were budgeted for the fieldwork, and Elders participating in the fieldwork reported that this was not enough time. They felt ‘rushed’ during the fieldwork.

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3.6 Cumulative Impacts to Traditional Lands WCFN has experienced ever increasing impacts to their traditional ways of life and to their territory in the past 50 years. In the 1960s, DDT was used to ‘maintain’ the vegetation on the pipelines. Some trappers experienced paralysis after this time, and frogs and large water beetles disappeared. Shell came into the territory in the 1970s, and then Husky. The government of Alberta was in partnership with the oil companies to test new technologies for oil and gas production. In the 1980s and 1990s, there used to be lots of wolverine, porcupine and skunks in WCFN’s territory. Now they are ‘gone’. Forestry harvesting is conducted throughout WCFN’s territory, and, in recent years, fracking is being conducted around Sawan Lake. Sawan is a traditional WCFN family name.

3.6.1 Pipeline Spills and Fracking One of worst pipeline spills in Alberta occurred in an area traditionally used by WCFN. Participants report three big spills in their area in the last five to six years. One participant reports that this is related to heavy equipment being run over old pipelines - the muskeg shifts and the pipelines rupture. At spill locations, ‘stuff’ can still be seen coming back up to the surface, even after ‘they say it has been cleaned up’. It is due to these experiences that WCFN has grave concerns about new pipelines being built in areas where old pipelines are located, as is the case with the proposed pipeline. Participants are concerned about the fracking that has been conducted in their territory in recent years. This activity causes the earth to ‘shake and shift’, which in turn can cause pipelines to rupture. Earth tremors occurred in Cadotte Lake in August 2014; it was felt in Peace River as well.

3.6.2 Water and Air Quality None of the WCFN members involved in the study trust the water quality in their traditional areas any more. One participant, who shared that frogs and certain water beetles have disappeared, wonders how these species are affected by water and air quality.

3.6.3 Human Health Participants report that some members are suffering from severe headaches and there is an increased incidence of respiratory illnesses in the community. One participant explained that going to the doctor does not help. They just send people away without investigating the cause of the headache. He thinks that such illnesses are linked to air emissions from oil and gas activities in the area; strong smells and bad odours are sometimes present.

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4 Recommendations

Several recommendations were provided throughout the course of the IK study. They include:  It is WCFN’s current policy that ‘sacred’ or other culturally important areas are not shared in documents that may become public. TCPL needs to work closely with WCFN trappers and Lands Department to identify potential protective measures for areas described in this report.  Provide adequate and appropriate compensation for impacts to WCFN trappers and to WCFN for impacts to their lifeways and livelihood.  Work directly with WCFN trapline holders to resolve individual trapper issues.  Take all possible measures to minimize impacts to WCFN lifeways.  Conduct a baseline study to evaluate moose population levels in the region.  Have WCFN monitors present during construction.

4.1 Comprehensive Regional Studies Due to the ever increasing impacts that WCFN is experiencing in their territory, WCFN is working hard to identify and articulate their members’ recommendations for action. WCFN sees a need for a system of comprehensive regional networks and cooperative planning that includes:1  Air quality monitoring  Ground and surface water monitoring  Human health baseline studies  Traditional foods/medicines baseline studies  Access management planning to address WCFN’s ability to access and use their traditional areas  Emergency response planning, including potential evacuation of Cadotte Lake residents and/or trappers  Spill cleanup and remediation to ‘equivalent land capability’ to WCFN Aboriginal rights and treaty standards

1 Personal communication with Matthew Whitehead, Director of Lands & Consultation, WCFN. Email dated August 19th, 2014.

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