Ktunaxa Nation Interests
FORDING RIVER OPERATIONS SWIFT PROJECT ENVIRONMENTAL ASSESSMENT CERTIFICATE APPLICATION SECTION C
Ktunaxa Nation Interests
Prepared by the Firelight Group Research Cooperative with the Ktunaxa Lands and Resources Agency and Teck Coal Limited
December 2014 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application
ENVIRONMENTAL ASSESSMENT CERTIFICATE APPLICATION
SECTION C: KTUNAXA NATION INTERESTS
Prepared by the Firelight Group Research Cooperative with the Ktunaxa Lands and Resources Agency and Teck Coal Limited.
While Firelight and the Ktunaxa Lands and Resources Agency (KLRA) have worked to accurately reflect Ktunaxa knowledge and convey Ktunaxa use, rights and interests in relation to the proposed Project, information contained in this section is a partial and limited depiction of the dynamic and living system of use and knowledge maintained by the Ktunaxa Nation elders, citizens and their governing body. The existence of the mine and all arrangements surrounding it, including this Environmental Assessment Application, are without prejudice to, and shall not be construed as defining, waiving, or limiting the Aboriginal Rights and Interests of the Ktunaxa Nation. Information contained here is provided for the purposes of the FRO Swift Project environmental assessment and is specific to Ktunaxa considerations regarding the Project. It should not be relied upon to inform any other processes, assessments, or decisions except with written consent from the Lands and Resources Agency of the Ktunaxa Nation Council.
The Firelight Group
Suite 253 - 560 Johnson Street,
Victoria, BC V8W 3C6 www.thefirelightgroup.com
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C KTUNAXA NATION RIGHTS AND INTERESTS ASSESSMENT
Ktunaxa Nation Interests (Section C) Concordance Table Application Information Requirements Section C First Nations Interest C1 Background Information C1 Ktunaxa Nation Background, Project Understanding and Methods C2 Aboriginal Rights C2 Ktunaxa Rights: Water C3 Ktunaxa Rights: Traditional Knowledge and Language Sector C4 Ktunaxa Rights Economic Sector C5 Ktunaxa Rights Social Sector C6 Ktunaxa Rights Lands and Resources Sector C3 Other Aboriginal Interests C7 Other Ktunaxa Nation Interests C8 Ktunaxa Perspectives on Cumulative Effects C4 Aboriginal Consultation C9 Aboriginal Consultation C5 Summary C10 Summary of Potential Effects, Mitigations and Actions C11 References C12 Glossary C13 Acronym List
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TABLE OF CONTENTS
C KTUNAXA NATION RIGHTS AND INTERESTS ASSESSMENT ...... C-II C1 Ktunaxa Nation Background, Project Understanding and Methods ...... C1-1 C1.1 Potentially Affected First Nations ...... C1-1 C1.2 Ktunaxa Territory and Ecology ...... C1-4 C1.3 Ktunaxa Understanding of the Project ...... C1-5 C1.4 Qukin ʔamakʔis Ktunaxa ʔaqaⱡq̓ anuxwatiⱡ and Oral Historical Context ...... C1-9 C1.5 Ethnographic and Historic Background ...... C1-10 C1.6 Ktunaxa Population ...... C1-14 C1.7 Ktunaxa Governance ...... C1-15 C1.8 Methods ...... C1-18 C2 Ktunaxa Rights: Water ...... C2-1 C2.1 Water Baseline ...... C2-1 C2.2 Anticipated Project Effects on Water ...... C2-8 C3 Ktunaxa Rights: Traditional Knowledge and Language Sector ...... C3-1 C3.1 Intangible Cultural Heritage: Ktunaxa Knowledge and Language Baseline ...... C3-1 C3.2 Tangible Cultural Resources: Ktunaxa Lands and Resources Use Baseline ...... C3-3 C3.3 Traditional Knowledge and Language: Project Effects, Mitigation and Significance ...... C3-15 C3.4 Traditional Knowledge and Language Sector: Characterization of Residual Project Effects ...... C3-20 C3.5 Traditional Knowledge and Language Sector: Significance of Residual Effects ...... C3-21 C4 Ktunaxa Rights: Economic Sector...... C4-1 C5 Ktunaxa Rights: Social Sector ...... C5-1 C6 Ktunaxa Rights: Lands and Resources Sector ...... C6-1 C6.1 Ktunaxa Lands and Resources Baseline ...... C6-3 C6.2 Ktunaxa Perspectives on Lands and Resources Sector Anticipated Project Effects ...... C6-15 C6.3 Lands and Resources Sector Residual Project Effects ...... C6-32 C7 Other Ktunaxa Nation Interests ...... C7-1 C8 Ktunaxa Perspectives on Cumulative Effects ...... C8-1 C8.1 Historical Baseline of Cumulative Effects ...... C8-1 C9 Aboriginal Consultation ...... C9-1 C10 Summary of Potential Effects, Mitigations and Actions ...... C10-1 C11 References ...... C11-1 C12 Glossary ...... C12-1 C13 Acronym List ...... C13-3
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LIST OF TABLES
Ktunaxa Nation Interests (Section C) Concordance Table ...... C-ii Table C1.8-1 Valued Components by Sector for Fording Swift Assessment ...... C1-20 Table C2.1-1 Summary of primary Constituents of Concern in the Local Study Area ...... C2-7 Table C3.2-1 Reported Ktunaxa Site-Specific Values within the LSA and RSA ...... C3-12 Table C3.2-2 Ktunaxa foods harvested in the Elk Valley and Koocanusa Reservoir .... C3-15 Table C3.3-1 TKL Sector Characterization of Residual Project Effects ...... C3-21 Table C4.1-1 Community Well-being Indices for the Aboriginal Population of the RDEK ...... C4-7 Table C4.1-2 Economic Sector Summary of Characterization of Residual Project Effects ...... C4-22 Table C5.1-1 Health Indicators in British Columbia for Status First Nations and Other Residents ...... C5-3 Table C5.1-2 BC Housing: 2011 Census ...... C5-8 Table C5.1-3 Social Sector Characterization of Residual Project Effects ...... C5-16 Table C6.1-1 Indicators and Metrics in Lands and Resources VC with Spatial Scale of Assessment Noted ...... C6-4 Table C6.2-1 Cultural Importance of Ecosystems Within Fording Swift Footprint ...... C6-24 Table C6.3-1 Characterization of Residual Project Effects on Ktunaxa Rights and Interest related to Lands and Resources ...... C6-33 Table C8.1-1 Historical Cumulative Effects Baseline for Ktunaxa Rights and Interests ...... C8-2
LIST OF FIGURES
Figure C1.1-1 Location of Project in Relation to Ktunaxa Traditional Land Districts ...... C1-3 Figure C1.3-1 Existing and proposed coal mines within Qukin ʔamakʔis ...... C1-7 Figure C3.2-1 Sample Image of Schaeffer’s Handwritten Notes (Glenbow Archives, M1100, File 80) ...... C3-6 Figure C3.2-2 Reported Ktunaxa Site-Specific Values within the FRO Swift Project RSA by Activity Class ...... C3-10 Figure C3.2-3 Reported Ktunaxa Site-Specific Values within the FRO Swift Project LSA ...... C3-11 Figure C3.3-1 Traditional Knowledge and Language Sector Project Effects Absent Mitigation (C10) ...... C3-16 Figure C4.1-1 Ktunaxa Citizens’ Preferred Balance of Economy (2009) ...... C4-3 Figure C4.1-2 FRO Swift Project Impact Pathway for Ktunaxa Economic Investment (absent mitigation) ...... C4-13 Figure C5.1-1 FRO Swift Project Impact Pathway for Ktunaxa Social Sector (absent mitigation) ...... C5-11 Figure C6.1-1 Environmental Features within the Ktunaxa RSA ...... C6-10 Figure C6.1-2 Fish Values within Ktunaxa RSA ...... C6-11 Figure C6.2-1 FRO Swift Project Impact Pathway for Ktunaxa Lands and Resources (Absent Mitigation) ...... C6-16
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LIST OF APPENDICES
Appendix C-I Ktunaxa Employment Statististics and Employment Opportunities Through Coal Mining Appendix C-II An Overview of the Current Ktunaxa Business Development Appendix C-III Overview of Ktunaxa Education and Training Appendix C-IV Overview of Ktunaxa Social Services, Housing and Outmigration Appendix C-V Background and Context for Ktunaxa Consideration of Biodiversity Appendix C-VI Documentation of Prior and Informed Consent Appendix C-VII Interview Guide for Ktunaxa Traditional Use and Occupancy Mapping Appendix C-VIII Direct to Digital Capture Method
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KTUNAXA NATION INFORMATION
Building on Part A, A4.2.1, this section introduces First Nations interests in relation to the Fording River Operations Swift Project (the Project) and identifies linkages between these interests and other discipline-specific studies (e.g., biodiversity, vegetation, wildlife and wildlife habitat, water quality, aquatic health, archaeology, fish and fish habitat).
Based on the June 25, 2012 Order under Section 11 of the BC Environmental Assessment Act for the Project1, the First Nations identified as relevant to the Project are:
the Ktunaxa Nation, as represented by the Ktunaxa Nation Council, including member bands of Tobacco Plains Band, the St. Mary’s Band, the Lower Kootenay Band, and the ʔakisq’nuk First Nation (all of whom have directed that the Ktunaxa Nation Council will consult on their behalf). (BC EAO 2012:4)
As such, and where appropriate, this section focuses on the Ktunaxa Nation as described in Section C1, rather than generally on First Nation or other Aboriginal interests.
Teck Coal Limited (Teck) and the Ktunaxa Nation Council (KNC) worked collaboratively to complete Section C to conduct an assessment of Ktunaxa rights and interests in relation to the Project. The collaborative approach taken by KNC and Teck in preparing this section does not imply or suggest Ktunaxa Nation consent or support for the Project. Collaboration on Section C is without prejudice to the Ktunaxa Nation’s aboriginal rights, or to a final Ktunaxa Nation determination regarding the acceptability of the proposed Project. The Ktunaxa Nation, as represented by the Ktunaxa Nation Council, intends to participate fully and meaningfully in the application review period and related permitting and decision-making processes.
With support from Teck, the Ktunaxa Nation Council retained the Firelight Group Research Cooperative (Firelight) to undertake baseline data collection, assessment, and technical writing. With the exception of subsection C9, this section was written by Firelight in collaboration with the Ktunaxa Lands and Resources Agency (KLRA) and Teck. KLRA GIS service prepared all maps in Section C. Subsection C9, Aboriginal Consultation was authored by Golder Associates Ltd. (Golder) in collaboration with Teck. No primary quantitative socio-economic or ecological data collection (survey or field work) specific to Ktunaxa rights and interests was undertaken. Section C relies on the baseline and analysis found in Section B of this application, as well as Ktunaxa knowledge, and secondary documents as cited. KNC recognizes that these sources are limited, and reliance on them does not imply that they are considered to be complete or adequate.
In some cases, KNC understands that additional work is ongoing and that assessment conclusions may be modified as a result of the review process. If additional or supplemental information becomes available or if assessment conclusions are modified during the application
1 The Order Under Section 11 identifies the scope of the environmental assessment, and related consultation, to be undertaken by the proponent in relation to the proposed Project. Section 3.1 of the Order Under Section 11 indicates that the assessment “will include consideration of potential adverse effects on First Nations’ Aboriginal interests, and, to the extent appropriate, ways to avoid, mitigate or otherwise accommodate such potential adverse effects.“ (BC EAO 2012: 5)
December 2014 C-vi Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application review period, KNC reserves the right to reconsider its assessment of anticipated effects on Ktunaxa rights and interests.
Teck and the KNC are continuing to work collaboratively on the design of the Project. Both are engaged in ongoing negotiations of an Impact Management and Benefit Agreement (IMBA). This agreement, if approved, by the Parties, is anticipated to confirm mitigation and/or accommodation commitments made in this application, as well as other commitments by Teck and KNC designed to address Ktunaxa rights and interests related to the Project and to other Teck mining activities in the Elk Valley region.
While Firelight and the KLRA have worked to accurately reflect Ktunaxa knowledge and convey Ktunaxa use, rights and interests in relation to the proposed Project, information contained in this section is a partial and limited depiction of the dynamic and living system of use and knowledge maintained by Ktunaxa governments, elders and citizens. The existence of the mine and all arrangements surrounding it, including this Environmental Assessment Application, are without prejudice to, and shall not be construed as defining, waiving, or limiting the Aboriginal Rights and Interests of the Ktunaxa Nation. Information contained here is provided for the purposes of the FRO Swift Project environmental assessment and is specific to Ktunaxa considerations regarding the Project. It should not be relied upon to inform any other processes, assessments, or decisions except with written consent from the Lands and Resources Agency of the Ktunaxa Nation Council.
Section C is divided into ten primary sub-sections as follows:
C1 Ktunaxa Nation Background Information, Project Understanding and Methods includes general information on the Ktunaxa Nation, traditional territory and ecology, ethno- historic and linguistic background, governance, land use and stewardship principles, location of Indian Reserves as well as the Ktunaxa understanding of the Project and methods used for Ktunaxa baseline collection and assessment of Project effects on Ktunaxa rights and interests. C2-C7 Ktunaxa Nation Rights includes two subsections (water and cumulative effects) that span the four Nation Council governing sectors and four subsections organized according to the four pillars or sectors of Ktunaxa governance: traditional knowledge and language sector (C3), economic sector (C4), social sector (C5), and lands and resources sector (C6). These subsections include a non-confidential summary of past, present and anticipated future use of the Project area and Local Study Area (LSA; see Section C1, Figure C1.1-1) by the Ktunaxa Nation, identification of specific Ktunaxa rights, including Ktunaxa title in the Project area, identification of potential Project effects on Ktunaxa use and rights, and a description of mitigations and other measures recommended by the KNC. C8 Other Ktunaxa Nation Interests identifies other Ktunaxa interests with respect to potential social, economic, environmental, heritage and health effects (to the extent not already identified in Sections C2-C7). Due to the KNC’s broad view of its rights in the Elk Valley, the majority of these issues are dealt with under subsections C2-C7 (rights).
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C9 Aboriginal Consultation refers to Part A, Section A4.2.1, and reiterates consultations undertaken by Teck with First Nations, including the Ktunaxa Nation, discusses future planned First Nation consultation activities through the Application Review Period, and identifies key issues raised during First Nations consultation that are of relevance to the EA with cross-reference to the First Nations Issues Tracking Table (included in Appendix A.4.1 of the Application). C10 Summary includes a table summarizing the potential effects or opportunities of the Project in relation to Ktunaxa rights and interests and how these were addressed, including design considerations, mitigations, accommodations and specific commitments or measures that address the effects or opportunities identified.
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C1 KTUNAXA NATION BACKGROUND, PROJECT UNDERSTANDING AND METHODS
The Ktunaxa Nation is made up of all Ktunaxa citizens residing within and outside of Ktunaxa Territory including the member communities and their citizens. Additional information on the background and governance of the Ktunaxa Nation is included in Subsections C1.7 and C1.8 below.
As discussed in Section C1.2 below, the northern portion of Ktunaxa Territory has historically been claimed by Canada, while the southern half is claimed by the United States. In Canada, the member communities of the Ktunaxa Nation include, ʔakink’umǂasnuqǂiʔit (Tobacco Plains Band), ʔaq’am (St. Mary’s Band), yaqan nuʔkiy (Lower Kootenay Band), and ʔakisq’nuk (Columbia Lake Band).
C1.1 Potentially Affected First Nations
The Project is located wholly within the unceded and unsurrendered territory of the Ktunaxa Nation, in the Elk Valley, an area in the central portion of Ktunaxa Territory (see Section C1.2 below) that has been occupied continuously by the Ktunaxa Nation since time immemorial, and is maintained as Aboriginal title by the Ktunaxa Nation. The Elk Valley is subject to ongoing treaty negotiations with the Province of BC and the Government of Canada. Figure C1.1-1 shows the proposed Project in relation to Ktunaxa traditional land districts.
The potentially affected Ktunaxa communities identified in the BC’s Order under Section 11 for the Project are:
ʔakink’umǂasnuqǂiʔit (Tobacco Plains Band) near Grasmere, BC; ʔaq’am (St. Mary’s Band) near Cranbrook, BC; yaqan nuʔkiy (Lower Kootenay Band) near Creston, BC; and ʔakisq’nuk First Nation (Columbia Lake Band) near Windermere, BC.
The Ktunaxa Nation Council represents the interests of the Ktunaxa Nation, and all four of the potentially affected Ktunaxa communities in Canada.
C1.1.1 Reserves
While the Ktunaxa Nation considers itself to hold underlying title to all lands within its territories, including the Elk Valley and the Project area, Indian Reserves belonging to Ktunaxa Nation communities include:
ʔakink’umǂasnuqǂiʔit or Aqanuxunik (Tobacco Plains near Grasmere) – two reserves (Tobacco Plains 2, St. Mary’s 1A);
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ʔaq’am (St. Mary’s Band near Cranbrook) – five reserves (Bummers Flat 6; Cassimayooks (Mayook) 5; Isidore’s Ranch 4; Kootenay 1; St. Mary’s 1A); yaqan nuʔkiy (Lower Kootenay Band near Creston): nine reserves (Creston 1; Lower Kootenay 1A; Lower Kootenay 1B; Lower Kootenay 1C; Lower Kootenay 2; Lower Kootenay 3; Lower Kootenay 4; Lower Kootenay 5; St. Mary’s 1A); and ʔakisq’nuk (Columbia Lake near Windermere): two reserves (Columbia Lake 3 and St. Mary’s 1A).
These reserves are shown in Figure C1.1-1, along with the location of the Project in relation to Ktunaxa traditional land districts. While no reserve lands were surveyed by BC or Canada in the Elk Valley, Ktunaxa oral history suggests that reserve areas were promised in the area of Michel Flats and present day Sparwood, but never formally allotted. Despite the absence of a reserve, important seasonal and permanent settlements were maintained in the Elk Valley up to the early 20th century, and Ktunaxa citizens continue to reside throughout the lower Elk Valley, including Fernie and elsewhere. Seasonal use and occupancy throughout the Elk Valley has been maintained by Ktunaxa citizens despite widespread impacts from coal mining, forestry, and other activities in the valley (see Section C3).
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Figure C1.1-1 Location of Project in Relation to Ktunaxa Traditional Land Districts
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C1.2 Ktunaxa Territory and Ecology
The historic territory of the Ktunaxa Nation extends well east of the Rocky Mountains and south into present day Montana, Idaho, and Washington states. The two Ktunaxa communities in the United States that are not part of the KNC but are affiliated with it are ʔaq̓ anqmi (Kootenai Tribe of Idaho near Bonners Ferry, Idaho) and k̓ upawi¢q̓ nuk (Ksanka Band, Confederated Salish and Kootenay Tribes of the Flathead Indian Reservation, near Elmo, Montana).
Ktunaxa sovereignty predates the establishment in 1846 of an international boundary between Canada (then British North America) and the United States, and Ktunaxa rights extend across both provincial (Alberta/BC) and international borders. The core of Ktunaxa Territory, within which Ktunaxa peoples, Ktunaxa culture, and Ktunaxa governance have persisted since time immemorial, is dominated by the valleys of the upper Columbia and Kootenay River systems (including the Elk River valley), and by the slopes and peaks of the Rocky Mountains and adjacent ranges to the west (Ktunaxa Nation Council Society, 2005).
Within the borders claimed by Canada and British Columbia, the territory of the Ktunaxa Nation covers approximately 70,000 square kilometres (27,000 square miles) of mountains, valleys, rivers and lakes in the Kootenay region. The landscape of the region is, literally, alive with Ktunaxa history. The Ktunaxa creation story is an account of the origins of Ktunaxa people and a description of the events and relationships that helped shape and continue to shape Ktunaxa territory. As told by elder Wilfred Jacobs, who was the first person to record the creation story for public dissemination, the Ktunaxa creation story describes Ktunaxa territory through tracing the exploits of powerful animal beings as they travelled the Columbia and Kootenay valleys. As they circled the loop, before the rivers were separated, they named the Ktunaxa landscape, helping to create it as they went along. Eventually they created all people as well. The geography of the Elk Valley is formed in the final actions where the Chief animal and hero of creation, Naⱡmuqȼin, collapses, forming the Rocky Mountains with his body and stretching with his feet at Ya·ⱡiki near the Yellowhead Pass, and his head in the area of Yellowstone Park in Montana (see subsection C1.4 below and the Ktunaxa website http://www.ktunaxa.org/who-we-are/creation-story/).
Within Ktunaxa law and oral tradition, the Ktunaxa Territory is divided into traditional land districts historically associated not only with key actors in the Ktunaxa creation story, but also with specific key resources and with particular Ktunaxa individuals or lineages that held particular authority, and responsibility for stewardship of resources in those areas. Traditional land districts play an important historic and contemporary role in Ktunaxa land governance and resource management. The Elk Valley itself falls within the Ktunaxa traditional land district of qukin ʔamakʔis, or Raven’s Territory,2. In more recent times the area is well known by Ktunaxa peoples not only for the richness of its fish and game but also for the presence of coal and extensive coal mining, and the associated restrictions on access to mining lands, many of them private. Figure C1.1-1 shows the
2 Qukin ʔamakʔis is translated as Raven’s Territory, Raven’s Land or the Land of Raven. It is also sometimes used as a synonym for the Elk Valley because the valley and its surrounding mountains make up the majority of lands associated with Raven.
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Project within the boundaries of qukin ʔamakʔis, as currently understood and administered by the Ktunaxa Lands and Resources Agency of the KNC.
The lands, waters, animals and plants that share Ktunaxa Territory are diverse and under pressure from many forms of development and change. Development pressures through the territory include by forestry, mining, fire suppression, housing, energy transmission, hydro-electric reservoirs, agriculture, and transportation systems. Valley bottoms, traditionally maintained through fire cycles as open forests and grasslands (interior Douglas fir and Ponderosa pine ecosystem types3) may now be fenced. Higher altitude valleys and slopes, including Montane spruce ecosystem types (with high elevation grasslands on south and east facing slopes), as well as Engelmann spruce and subalpine fir ecosystem types, provide critical habitat for culturally important species such as elk, deer, sheep and grizzly bear. These ecosystems are impacted in many areas by forestry, mining, recreational development and associated road networks. The rivers and streams of the region also provide culturally important sources of fish and plants, including various trout species. Both the Columbia and Kootenay River systems have been heavily modified by hydro-electric and other developments, including mining and forestry. Industrial development and other environmental changes have resulted in the almost complete disappearance from Ktunaxa Territory of two cultural keystone species4: bison and anadromous salmon. Other cultural keystone species, in particular grizzly bear, are at risk due to habitat fragmentation from large highways and human disturbances associated with development.
C1.3 Ktunaxa Understanding of the Project
This section summarizes and restates the technical understanding of the Project provided by Teck within the broader context of Ktunaxa experience, culture, and history in the Elk Valley. A detailed technical description of the proposed Project, based on documentation provided by Teck, and including activities associated with construction, operation, and reclamation/closure stages, can be found in subsection A3.
The Ktunaxa understand this project to involve the extension of the Fording River Operations, a large steelmaking coal mining operation located on either side of the Fording River, a tributary to the Elk River. The Project footprint will encompass the east-facing slopes of the Greenhills Range, including previously mined areas, and unmined portions of land.
From a historical perspective, open pit operations at the Fording River mine began in 1971 with the initial development of the original Eagle and Greenhill pits, and have continued in the area since that time, with various extensions being approved by the government of British Columbia.5 For the Ktunaxa, the history of coal mining in the Elk Valley, including the very recent history, has been a story of exclusion. The proposed Project, should it proceed, provides an opportunity to
3 Ecosystem type classifications are based on BC MOFR (2008) and Meidigner and Pojar (1991). 4 Cultural keystone species are those that have a fundamental role in diet, as materials, or in medicine, often these species feature strongly in cultural practices and narratives. For more on this see Garibaldi, A. and N. Turner. 2004. Cultural keystone species: implications for ecological conservation and restoration. Ecology and Society 9(3): 1. [online] URL: http://www.ecologyandsociety.org/vol9/iss3/art1/ 5 See updated Project description, subsection A3.
December 2014 C1-5 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application turn a new page in more than a century of efforts by non-Ktunaxa individuals and companies to extract qukin nuʔkiyʔis (Raven’s Rock, or Coal) from qukin ʔamakʔis (Raven’s Land). The area of qukin ʔamakʔis, a district of Ktunaxa Territory with several other coal mines already in operation, is more affected by this history than any other part of the Ktunaxa Territory (see Figure C1.3-1 for an overview of existing coal mines and proposed extensions to existing mines in qukin ʔamakʔis).
As discussed in Section C2, from a Ktunaxa perspective, there has historically been little evidence of meaningful Ktunaxa involvement in or benefit from the existing Fording River mine, or from the history of coal mining in the Elk Valley. While non-indigenous corporations, communities, municipalities and provincial governments have been enriched or improved through tax sharing, royalties, employment benefits, and by existing operations and the historic removal of non-renewable resources and assets from Ktunaxa Territory, the Ktunaxa Nation and Ktunaxa communities suffered the lion’s share of impacts as a result of loss of use, disruption of ancestral practices, and disturbance of cultural areas. Historically the Ktunaxa Nation has borne these impacts and removals and received no meaningful benefit or accommodation in return. As discussed below (see C1.7.3 and 1.7.4), since 2007, efforts by Teck and the KNC have resulted in collaborative decision making processes, improved understandings, and several important agreements that should result in improved environmental, social, economic, and cultural benefits for Ktunaxa communities.
To access more coal and extend the life of the Fording River Operations, the Project as proposed would expand the area of impact immediately to the north of Teck’s Greenhills Operations and west of the FRO plant site, shop, and warehouse complex Section A3. The mining footprint will be approximately 3,200 ha, 1,800 ha of which has been previously permitted for mining activity. Accessing the coal from this area will be done in four phases, and includes mining to a depth of 300 m below the elevation of the Fording River, and moving waste spoils and rock to a south spoil (adjacent to the Fording River and below the inactive spoils of the Greenhills Operations) and a north spoil (north end of the Project in the Britt Creek Flats and east over the Turnbull Spoil that is currently under construction on the west side of the Fording River). The north and south spoils will reach heights of 200 to 300 m and will consist of unsorted rehandle, blasted waste rock, and coarse coal reject material. Lake Mountain Lake will be filled in and pumped out somewhere between year 5 and year 10. The drainage pattern of Lake Mountain Creek will also be altered. Phases 1 and 2 of the operations will involve excavating a historic domestic landfill site, tailings that had been dredged into previous mining excavations, and waste rock that is currently in a state of combustion. Management plans are in place to deal with combusting waste and dredged tailings. The historic domestic landfill is described in the Project Description (Section A3). The proposed Project will use existing FRO infrastructure to the extent possible; however, some facilities will be constructed to support the Project, including fuelling stations, marshalling sites, haul roads, power lines, and water management facilities. The disposal of mine tailings will continue to be done into the South Tailings Pond or future approved facilities. Coarse coal reject will be hauled to specially permitted dumps or blended within mine waste in permitted waste spoils (section 2.5.1).
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Figure C1.3-1 Existing and proposed coal mines within Qukin ʔamakʔis
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The Ktunaxa have serious concerns regarding increases in selenium and other contaminants (e.g., cadmium, sulphate) in waterways within the Elk River watershed. Current Teck operations in the Elk Valley include 5 coal mines that have affected and continue to affect water quality in the valley and downstream at least to Koocanusa Reservoir. Studies indicate that ground water flowing through waste rock created by these operations will continue to carry selenium, cadmium, sulphate, calcium and other substances for many decades into the future (Section B2.2.4). As required by Ministerial Order M113 of the Minister of Environment, Teck has prepared and on July 22, 2014 submitted an area based management plan (EVWQP) for the Elk Valley to the Minister of Environment. The formal approval of the EVWQP occurred on November 18, 2014. The EVWQP provides an area-based approach for managing water quality (selenium, nitrate, sulphate and cadmium) and calcite and includes water management activities and installation of two active water treatment facilities at FRO. The AWTFs are designed to manage water quality associated with existing and future coal mining development, including the Project, as described in the EVWQP (Section A3.1). It is the understanding of the Ktunaxa that EVWQP will not reduce selenium in the short term to the extent required to prevent adverse impacts to fish populations within the Elk River Valley (see sections B2.2.4 Aquatic Health and B2.2.5 Fish and Fish Habitat). There is also uncertainty regarding whether the EVWQP will be successful in reducing selenium and other constituents that exceed provincial guidelines in the longer term (15-20 years in the EVWQP). See section B2 and C2 for more detail regarding contaminant concentrations and water related impacts to Ktunaxa Rights and Interests.
The existing FRO mine has already removed large portions of the Project footprint area from active Ktunaxa practice for more than a generation. The proposed Project would extend the duration of industrial mining in the Fording River area, and alienation of Ktunaxa rights and interests, for at least another generation. The duration and intensity of rail traffic and road traffic (commuter and industrial) along the Elk Valley would be maintained or intensified for at least two decades. Reclamation of mine areas would continue well after 2043. The contaminants leaching from the resulting waste rock will require active treatment and/or other mitigation strategies to water flowing from Fording River long past the life of the mine (see Section B2.2.4).
Consistent with Section A3.9, the KNC understands that existing facilities (roads, railway, and processing facilities) are not considered part of the Project. However, because of the extension of the effects of existing facilities – including roads – over time, and because of the potential for combined environmental effects to accrue over space and time, these are considered within the Ktunaxa perspective on cumulative effects, as discussed in Section C7. Cumulative effects are also addressed, though not necessarily in ways consistent with Ktunaxa perspectives, in Section B, and some of the cumulative effects and regional management programs developed by Teck or with contributions by Teck are summarized in Section D of this application.
The history of coal mining within qukin ʔamakʔis (Raven’s Land) has, for the Ktunaxa, been largely negative, and without mitigation there is potential for additional negative effects from the Project and other proposed or planned coal developments. Teck and the KNC have worked since approximately 2007 to improve relations between Teck and the Ktunaxa Nation, and to work together on a series of economic, environmental, social and cultural initiatives to reduce impacts and improve benefits to Ktunaxa interests. Past joint work on the Line Creek Phase II Project, and
December 2014 C1-8 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application efforts by Teck and the KNC to work collaboratively to prepare this Section C through the pre- application period, indicate that we may be at an important turning point in the history of coal mining within Ktunaxa Territory.
C1.4 Qukin ʔamakʔis Ktunaxa ʔaqaⱡq̓ anuxwatiⱡ and Oral Historical Context
Qukin ʔamakʔis (Raven’s Land, including the Elk Valley), as recalled and recounted by Ktunaxa elders and knowledge holders, provides the context for particular place-based ʔaqaⱡq̓ anuxwatiⱡ (oral histories) and other forms of the Ktunaxa knowledge. Many of the Ktunaxa’s founding stories tell of events, from the epic to the humorous, involving creative powers that have an ongoing role in the Ktunaxa worldview. These stories are anchored in particular places or landmarks within Ktunaxa territory, making Ktunaxa lands alive with Ktunaxa knowledge and history. One oral history especially connected to the Elk Valley was recounted by a Tobacco Plains elder during a use and occupancy mapping interview conducted in 2010 for the Line Creek Operations (LCO) Phase 2 Project. The story tells of a time when Squirrel (taka¢), Ram (kwiǂqǂi) and other powerful spirits acted with greed and selfishness to control the Elk and Crowsnest Pass valleys and their resources by force, blocking the entrance to the valley to the exclusion of people’s use, and resulting in dangerous consequences. Throughout the interview the elder referred back to the story to frame her discussion of coal mining in the Elk Valley.
Portions of this same story were told to Franz Boas in the early 20th century and were included in Boas’ 1918 publication of Kootenay Tales. The story was told again by Ktunaxa leaders in a somewhat different form, and recorded, in association with the Fernie ‘curse raising’ event in 1964.6 It seems likely that the recounting of this story at this event was an effort by Ktunaxa people, even in the mid-1960s, to shift the focus of those attending the curse raising away from stereotyped ideas of Indian curses, and instead toward a recognition of Ktunaxa understandings of the valley, its importance, and what the landscape, in combination with Ktunaxa ʔaqaⱡq̓ anuxwatiⱡ or oral history, can teach humans. The following version of the Squirrel and Ram story was recorded based on the account given by Chief Ambrose Gravelle (Chief Red Eagle) at the 1964 curse raising ceremony:
Many, many years ago, a boastful Squirrel considered himself to be as strong and powerful as Grizzly, who is the greatest of all animals. To prove himself, Squirrel set out to close the Elk Valley, and declared that no living creature should enter, for as long as he remained alive.
6 Most popular accounts of early coal history in the Elk Valley include the story of the ‘Fernie curse’ – a story told in various forms, but generally following the theme of the discovery of Elk Valley coal by William Fernie after he met a young Ktunaxa ‘princess’ wearing a necklace of shiny black coal beads and promising to marry her in exchange for knowledge of where the coal came from. The Ktunaxa shared their knowledge with Fernie, but Fernie broke his promise of marriage, thereby earning the town of Fernie a curse of misfortune leading to fire, flood and other mishaps. Leslie Robertson (2005) provides an extended discussion of ‘the Fernie Curse’ and its place within the colonial history of Fernie and the Elk Valley, describing it, alongside other colonial narratives, as a kind of ‘origin story’ for the Crow’s Nest Coal and Mineral Company, and coal mining in the Elk Valley in general, and suggests that the Fernie curse is more a part of the colonial Euro- Canadian tradition than it is a part of the Ktunaxa tradition. Oral histories provided by Chief Ambrose Gravelle in the late 1960’s (see section 2.5 below) confirm Ktunaxa knowledge, use and mining of coal in the Elk Valley and confirm that Fernie learned of the coal from Ktunaxa families, but otherwise support an understanding that the story of the ‘Fernie Curse’ was an invention of Euro-Canadian stereotypes rather than Ktunaxa reality.
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Squirrel guarded the western entrance of the Valley from Sheep Mountain [Mount Broadwood, near Elko] while his wife watched the eastern entrance near Crow’s Nest Mountain, with the help of Raven.
A Bighorn Ram, who lived in a cave on Mount Broadwood helped Squirrel, and whenever another creature tried to enter the Valley, Ram killed it by pushing rock down the mountainside onto it…. If any tried to enter from the east, past Squirrel’s wife and Raven, they became entangled in the dense underbrush and timber, where they starved to death… Since no foot ever trod the Valley, the growth soon became impenetrable.
After many years, Yau-Ke’Kam, a Kootenay youth of Olympian stature, decided to end Squirrel’s foolish pride and tyranny. He tricked Ram, and killed Squirrel, and then forced his way through to the other entrance of the Valley. Squirrel’s wife and Raven, not expecting an attack from that direction, were easily overcome. As they died, Yau-Ke’Kam decreed that henceforth, any others who reached too far in greed would meet some disastrous end…7
C1.5 Ethnographic and Historic Background
The Ktunaxa are a distinct indigenous cultural and linguistic group (also referred to in various ethnographic and historic material as Kootanaes, Kootenay, Kutenai, Kutonaqa, Ki’tona’qa, Lakes and other names)8 historically and currently occupying the upper Columbia and Kootenay River valleys, and the Purcell and Rocky Mountains. Smith (1984) provides a useful synthesis of Ktunaxa territorial descriptions from prior ethnographers and notes that, “The most notable topographic features of their territory…were the upper Kootenai and upper Columbia valleys, the flanking mountains9, and within the valleys the upper Kootenai and Columbia Rivers” (Smith 1984: 56).
The Ktunaxa are described throughout the ethnographic literature as including two primary divisions: Upper Ktunaxa (including communities at Tobacco Plains and Columbia Lakes in BC and Elmo in Montana), and Lower Ktunaxa (including communities at Creston, BC and Bonner’s Ferry, Idaho). The community at St. Mary’s, BC is generally described as including both Upper Ktunaxa and Lower Ktunaxa. Recognizing that there are differences, including subsistence differences, between communities, and between Upper Ktunaxa and Lower Ktunaxa, existing sources agree that the Ktunaxa, as a whole, hold a common and distinct identity and language, as well as cultural and spiritual traditions, that distinguish them from neighbouring groups, and that have persisted, despite challenge and change, from well prior to 1846 to the present day.
Prior to and following 1846, Ktunaxa groups used and consistently occupied an extensive territory, including the Elk River valley, but also including areas east and west of the Rocky
7 This account is quoted from Fernie Historical Association’s 1977 publication, Backtracking with Fernie and District Historical Society. Fernie and District Historical Society, Fernie, BC 8 See Brunton (1989: 236) and Smith (1984: 36-48) for discussion of Ktunaxa and sub-group naming conventions. 9 Smith goes on to specify these as the Rocky and Purcell ranges and notes that, “In the narrow mountain valley and mountain-side timber were also game and plant resources that contributed meaningfully to Upper Kooteni subsistence and technological requirements” (Smith 1984: 57).
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Mountains. The Ktunaxa maintained, and continue to maintain, a vibrant subsistence and trade economy throughout their territory. A structured but dynamic annual round that included harvesting game, fishing, harvesting cultivated tobacco and wild plants, collecting and using mineral10 and other resources, and trade and other interactions with neighbours. This sustained the Ktunaxa through the arrival of European explorers, traders, priests, miners, and settlers in the 19th century. Trade, social intercourse and war relationships existed between Ktunaxa and Blackfoot (Piikani) and Stoney (Nakoda) peoples east of the Rockies, and Shuswap and other interior Salish (e.g., Sinixit, Kalispel, Colville) peoples to the west. The Elk Valley served as an important area for trade and visiting between Ktunaxa and plains groups until at least the early 20th century. While primarily passed down orally, Ktunaxa history was also recorded by at least some Ktunaxa leaders using winter counts11, including one documented by Schaeffer (c. 1937) at Tobacco Plains that recorded events through most of the 19th century, including prior to and following the arrival of Father de Smet in Ktunaxa Territory in the early 1840s.
Based on interviews and oral histories collected in the late 19th and early in the 20th century, ethnographers (Chamberlain 1892, Curtis 1911, Boas 1918, Teit 1930, Turney-High 1941, Schaeffer 1935, 1966) it is possible to identify the area of the Elk Valley, including the Crow’s Nest Pass area, as being originally, and continuously occupied by Ktunaxa speaking people. Each of these sources supports an understanding that the Elk Valley, and the larger area of qukin ʔamakʔis in its entirety, was used, occupied, and effectively controlled by Ktunaxa speaking people for a long period of time prior to, and extending beyond, the effective assertion of British, Canadian or American sovereignty in the region. Available information (archival and ethnographic), as well as oral histories, supports an understanding that the Elk Valley in general, and specifically the upper Elk and Fording Rivers, including areas around Line Creek, Grave Creek, Round Prairie, Fording Pass, and Tornado Pass, have been continuously used and occupied by Ktunaxa peoples, and specifically Upper Ktunaxa peoples associated with the Tobacco Plains area, since before 1846, and likely well prior. Schaefer (1935) notes that the Elk Valley was the primary home of the easternmost branch of the Ktunaxa, referred to in some places as the Plains Tunaxa, and in others as the qakawakanmiǂuqnik.
Based on oral histories 12 recorded by Schaeffer, the qakawakanmiǂuqnik, along with other branches of the Ktunaxa Nation including the katamukinik, were decimated by smallpox while hunting bison east of the Rockies, likely just prior to, or shortly after, the arrival of horses in Ktunaxa territory in the late 1700s. At least some of the survivors of the qakawakanmiǂuq returned to their people west of the Rockies and were later joined by Ktunaxa from further south. Ktunaxa people continued to use and occupy the Elk Valley. The community later became known as the
10 The Ktunaxa were proficient prospectors and miners who employed the same methodology as later Europeans, i.e., testing “placer” and “float” occurrences (sic), then following them to the bedrock outcrops where adzes were driven along the richest veins. In addition to silica and tourmaline tool stock, the Ktunaxa also mined iron oxide for paint and soft argillite for making pipes (Choquette 1993). 11 A winter count is a pictorial representation of important events, usually involving a single symbol or event per year, recorded on hides, and later paper, and used as a mnemonic device for remembering and recounting historic events. 12 Schaeffer records multiple versions, each differing slightly, of hunting buffalo east of the Rockies at a time when the Ktunaxa were decimated by an outbreak of small pox or other illness.
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Michel (or Michelle) Band, also referred to by Turney-High (1941) as the Fernie Band. No reserve lands were ever set aside in the Elk Valley, although the town of Michel holds his name.
C1.5.1 Ktunaxa Seasonal Round and Associated Rights and Title
The upper Ktunaxa, and the qakawakanmiǂuqnik, traditionally relied upon an annual round that included lands east and west of the Rockies, and extended north and south of the current US/Canada border; however, the more permanent Ktunaxa village areas were located west of the Rocky Mountains, particularly after the arrival of the European fur trade, European diseases, and the expansion of the Blackfoot Confederacy in the late 18th and early 19th centuries. The annual round included hunting for sheep, deer, elk and goat, as well as other species in the Elk Valley and adjacent valleys, and fishing for cutthroat trout and other fish in streams and lakes and salmon at Columbia Lakes and along the Columbia River drainage further downstream (Schaefer 1935, Turney-High 1941). In summer, tobacco was cultivated at qakawakanmiǂuqnik (Michel Prairie) in the Elk Valley. Bison were hunted along the sheltered eastern slopes of the Rockies in the winter season (Schaeffer 1935, 1964), or farther afield on the plains in the summer. Travel to the east side of the Rockies by various mountain passes, including Fording Pass and the Crow’s Nest Pass, continued until bison populations were decimated on the northern plains in the late 19th century. Salmon remained a critical resource for upper Ktunaxa along the Columbia drainage until the construction of the Grand Coulee Dam in Washington State in the 1930s made it impossible for salmon to return to the upper Columbia.
As discussed further below, Ktunaxa oral histories and ongoing land use indicate that Ktunaxa citizens have relied on and to the extent possible, continue to rely on, the upper Elk and Fording valleys for a range of practices including harvesting of fish, plant, wildlife, and mineral resources, trails and transportation routes associated with the seasonal round and oral histories, and associated camps, cultural areas, and practices. Ktunaxa citizens see a direct connection between the historic Ktunaxa annual round and current practices on the land, including economic benefit from the trade of resources:
We have to remember the history, and that we were miners as well … on the road to Moyie, - somewhere out there, are mineshafts that are thousands of years old, or hundreds of years old. Anyways they predate European contact. We were miners. As an aboriginal right, we have a right to mine minerals from the land and to trade it. We traded it. Our stone traveled across the land and to different tribes and different nations and we traded it for value. Whatever that value was, we traded it. So that coal is from our territory. And because of our history as mining people, and because we were excluded from participation in owning minerals, I think it's only right that we get a fair share now. (S01 June 28, 2012)
Based on available evidence, and considering ongoing Ktunaxa cultural practice, including use and occupancy, within living memory, the Ktunaxa Nation has maintained continuous practice of rights, including harvesting, management, trade and exclusive control, throughout the Elk Valley, including qukin ʔamakʔis and portions of ¢am̓ na ʔamakʔis, since well prior to 1846.
As discussed further in C2 and C3, the Ktunaxa Nation views their rights and interests as extending far beyond the protection of traditional hunting, fishing, trapping and gathering
December 2014 C1-12 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application practices. A full understanding of Ktunaxa rights would require consideration of how they are defined under Ktunaxa law as well as Canadian and International laws and declarations including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP 2007) and the Universal Declaration of Human Rights (UNHR 1948). Joyce Green, a scholar of Ktunaxa descent states,
Indigenous peoples need the full panoply of indigenous rights and, additionally, indigenous rights “to be”. The most fundamental human right is the right to exist, both as an individual and in one’s community. That right is followed by the rights to the conditions that make life meaningful and equitable in social and political contexts. Indigenous rights, which are a response to the profound violence of colonialism, are anti-genocidal. (Green 2014: 1)
For the purpose of this assessment, the nature of Ktunaxa cultural practice, including use and occupancy, in the Elk Valley is understood to be consistent with a wide suite of Ktunaxa rights including at a minimum:
Aboriginal title; Agricultural rights (including cultivation and grazing rights); Fishing and water rights; Cultural rights, including rights of access, naming, habitation, occupation and other forms of cultural practice; Rights to harvest and trade fish, animal, tree and plant resources; Rights to harvest, mine and trade surface and sub-surface mineral resources; Rights to governance, stewardship and decision-making in the Elk Valley;13 Rights to build and occupy living structures; and Rights to travel throughout the area.
Including the right to decide how the land will be used, the right of enjoyment and occupancy of the land, the right to possess the land, the right to the economic benefits of the land, and to pro- actively use and manage the land.
13 Examples include the stewardship of plants and wildlife, and landscape management through the use of fire.
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C1.6 Ktunaxa Population
Table C2.3-1 profiles some of the demographic characteristics of current Aboriginal and non-Aboriginal Elk Valley communities. Key statistics based on AANDC registered population as of 201114 are as follows:
ʔakink̓ umǂasnuqǂiʔit (Tobacco Plains Band): 193 (98 or 51% off reserve); ʔaq̓ am (St. Mary’s Band): 364 (149 or 41% off reserve); yaqan nuʔkiy (Lower Kootenay Band): 214 (106 or 50% off reserve); and ʔakisq̓ nuk (Columbia Lake Band): 268 (114 or 43% off reserve).
In 2011, Regional District of East Kootenay (RDEK) Aboriginal people made up 6.7 per cent (3,780) of the RDEK’s population of about 56,685. This proportion is slightly higher than the 5.3 per cent reported for the BC Aboriginal population in the province (Statistics Canada 2013). More than 57 per cent of the 3,780 Aboriginal people in the RDEK were considered Metis and 1,430 are estimated to be First Nations15 (Statistics Canada 2013).
As with most First Nations, Ktunaxa economic wellbeing lags below that of other Canadians. The 2010 Ktunaxa Census estimated that the average Ktunaxa individual income was $24,380, with a median income of $17,987.16 Just over 50 per cent of respondents made below $20,000 in 2009. The median individual income in 2010 of RDEK residents was $31,361, much higher than the median reported for Ktunaxa in the same year.17 Average and median incomes for the Ktunaxa at present appear to equate to the income level reported for British Columbians about 15 to 20 years ago. According to BC Statistics (2009a), the Ktunaxa have higher participation rates in the wage economy than the BC Aboriginal average. However, the 2010 Ktunaxa Census estimates an unemployment rate of 49 per cent among working age (18 to 65) people (Phillips, 2010).
Many Ktunaxa citizens live off-reserve (on and off reserve numbers are almost equal), possibly due to factors including a lack of on-reserve economic opportunities, persistent social issues, and inadequate quantity and quality of housing, schooling, and health care. Overall, community
14 2011 data is used to maintain data comparable to other national census based sources. Ktunaxa population is growing and more recent population data exists and can be accessed at http://pse5-esd5.ainc-inac.gc.ca/fnp/ 15 Any comparison of Aboriginal data across Census years must adjust for incompletely enumerated reserves and settlements. Some Indian reserves and settlements did not participate in certain Census years as enumeration either was not permitted or it was interrupted before completion (Statistics Canada, 2006 Census, www12.statcan.ca/census- recensement/2006/ref/info/aboriginal-autochtones-eng.cfm) 16 According to BC Stats (2010), the median BC individual income in 2001 was $22,095, more than $4,000 higher than the median KNC member income in 2010. 17 This comparison ignores average income growth among the non-Aboriginal population in the interim between 2006 and 2009. According to BC Stats (2010), the average income of a BC wage earner grew by over 10 per cent between 2006 and 2009.
December 2014 C1-14 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application well-being indices in Aboriginal RDEK communities are substantially lower than those of the region’s non-Aboriginal communities (KNC 2010b; BC Stats 2011).18
C1.7 Ktunaxa Governance
ʔaknumu¢tiŧiŧ is our word for the law given to the Ktunaxa by the Creator. It is a powerful word and speaks to why we were put on this land. We were born into this land and someday we will return through death. The Creator put us here for a reason and that purpose is to take care of the land and its resources.
The law of the land, ʔaknumu¢tiŧiŧ, is the law for survival. The law protects the values inherent in the land. The land gives us the resources to survive, and in return, we uphold our covenant with the Creator to protect and not overuse the land.
This Ktunaxa law is grounded in the fact that all things are connected and must be kept in balance. It is also the foundation of our spirituality – that of being humble in our limited understanding and of being respectful of our role within nature and with other creatures, as well as being respectful and acknowledging the Creator and our ancestors (Ktunaxa Nation 2010).
The Ktunaxa Nation and its governance systems predate the arrival of European settlement and associated colonial government. As neither treaty, terra nullius nor war applies, ancestral Ktunaxa laws and rights remain in place, and take precedence over the laws and rights asserted by Canada, the US, and various state and provincial jurisdictions.
The Ktunaxa Nation has a clear vision for its future that includes ambitious goals for community health, language and culture, the stewardship of lands and resources, economic sustainability, and self-government:
As a Nation we are striving to achieve strong, healthy citizens and communities, speaking our languages and celebrating who we are and our history in our ancestral homelands, working together, managing our lands and resources, as a self-sufficient, self-governing Nation.
18 BC Stats (2011) states that comparisons between the 2001 and 2006 Censuses should be done with caution. There were very large increases in the number of persons identifying as Aboriginal peoples between the Censuses, an increase well above what would be expected from a natural increase. The explanation of why the growth is so high is that the willingness of Aboriginal people to identify has been increasing over time, particularly among those over 35 years of age and the Métis. Any comparisons made between Censuses of the characteristics of Aboriginal people, such as their unemployment rates or educational attainment, should be made with caution as change may be due primarily to the difference in who identified between the two periods.
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The Ktunaxa Nation Council, the governing body of the Ktunaxa Nation, is comprised of the elected council of each of the four communities in Canada. The Ktunaxa Nation Council has established the Ktunaxa Nation Executive Council, to carry out day-to-day decision-making on behalf of the KNC. It includes the chief of each of the four communities in Canada and the chair of each of the sector councils as set out in the organizational structure of the KNC, and the Nation Chair of the KNC. It organizes its programs according to four pillars of nation rebuilding:
Traditional Knowledge and Language Sector; Social Investment Sector; Economic Investment Sector; and Lands and Resources Sector.
The Corporate Services Sector, which consists of strategic planning, financial management, human resources, information technology, communications, buildings and infrastructure, events coordination, and administrative support, is part of the common operational and functional requirements of the sectors.
The Ktunaxa Lands and Resources Council (LRC) is a standing committee of the Ktunaxa National Chiefs Council, with the authority and mandate to make lands and resource decisions on behalf of the Ktunaxa Nation Council. One member from each community’s elected Chief and Council sits on the Lands and Resources Council.
The Ktunaxa Lands and Resources Agency (KLRA) is the operational entity responsible for managing the lands and resources within the Traditional Territory of the Ktunaxa Nation. The Agency provides support to, and takes direction from, the Ktunaxa Lands and Resources Council. The KLRA is responsible for land stewardship, research and planning (including land use planning, traditional use studies, policy development, and research), cultural resources negotiations with third parties on lands and research projects, and information management.
As discussed in Section C1.1.3.1, the Ktunaxa Nation exercises governance, sets policy, and conducts planning in order to benefit their citizens and uphold their stewardship responsibility to the land and resources in Ktunaxa Territory. These three functions are essential to the Nation’s autonomy and to its ability to protect the rights and interests of its citizens, and as such are fundamental Aboriginal rights. Ktunaxa policies, standards and accepted practices (collectively referred to as ‘policies’) are intended to guide and assist the Ktunaxa in exercising stewardship and management responsibilities for lands and resources in the Ktunaxa Territory. Policies are an important tool for self-governance and for communicating to, and collaborating with, other levels of government and other parties in order to support consistency, transparency, and coordination in achieving policy goals.
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Ktunaxa Land Use Stewardship and Policy The vision statement for the KLRA provides an indication of the core values and goals that guide KNC lands governance:
As a Nation we are striving to achieve strong, healthy citizens and communities, speaking our language(s) and celebrating who we are and our history in our ancestral homelands, working together managing our lands and resources within a self-sufficient, self-governing Nation - from the Land and Resources Sector Policy Framework (Ktunaxa Nation Council, 2011).
Another important policy document, Qat’muk – Stand Our Ground. 2012 Annual Report for the Ktunaxa Nation (KNC 2012), states:
We…envision ourselves working together as one Nation to responsibly care for the lands and resources within our Territory. Our stewardship of the lands and resources will be based on our sacred covenant with the Creator and our traditional values of:
Ensuring land, air and water will be clean and healthy. Ensuring access to, and protection of, traditional foods and medicines. Balancing the economic use of land with cultural and spiritual values. Ensuring that long-term sustainability and ecological integrity take precedence. Following natural law; taking only what you need.
We envision a healthy environment in which all Ktunaxa people can move freely throughout the Territory. We will exercise our rights to derive benefits from the lands and resources without compromising the future for our grandchildren and their grandchildren. Not only will our past heritage be preserved but we will be developing new connections with the land and each other.
We envision ourselves playing a central role in all decisions pertaining to lands and resources in our Territory. We will manage the lands and resources through healthy working relationships among ourselves and with others based on understanding, respect and equality. (KNC 2012)
The Ktunaxa Lands and Resources Sector Policy Framework (KNC 2011) sets out authoritative policy statements of the Ktunaxa National Council, the Ktunaxa Lands and Resources Council, and the Ktunaxa Lands and Resources Agency. Ktunaxa stewardship principles (Yaqaŧ Hankatiŧiŧki na ʔamak) are described in Section C6.
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C1.7.1 Status of Treaty Negotiations
The Ktunaxa Nation is currently engaged in the BC Treaty process with Canada and BC on a government-to-government basis. This process is currently in stage four of the six-stage treaty-making process, and involved parties are negotiating an Agreement in Principle (AIP), which, if approved, may form the basis for a Final Agreement.19
C1.7.2 Government-to-Government Relationship
In October 2010, the Province of BC and Ktunaxa Nation Council signed a Strategic Engagement Agreement (SEA) that provides for government-to-government discussions on natural resource decisions within Ktunaxa territory. The SEA was renewed in 2013 and will expire in 2016. From the SEA information website, Kathryn Teneese, Nation Chair of the KNC, states:
Ktunaxa remain unwavering in our role as stewards of this territory. As the Ktunaxa Nation and the Province continue to move towards shared decision-making in relation to land and resources within our territory, we look forward to building upon the successes of the past three years while continuing to develop our government-to-government relationship with the Province. The renewal of the Strategic Engagement Agreement is another positive step forward in this relationship. (December 12, 2013. http://www.newsroom.gov.bc.ca/2013/12/renewed-agreement-strengthens- relationship-with-ktunaxa-nation.html)
C1.7.3 Ktunaxa to Industry Relationships
The Ktunaxa Nation is currently engaged in the negotiation of an Impact Management and Benefit Agreement (IMBA) with Teck that applies to the Elk Valley. Although the IMBA if approved, will be a valley-wide agreement in respect to certain matters, certain initiatives will continue to be implemented on a project specific basis. The KNC also maintains strong relationships with other industry partners.
C1.8 Methods
For the purpose of this section, the assessment of the Project on Ktunaxa rights and interests is organized into sectors that align with the four pillars described in Section C.1.6. Two overarching issues (water and cumulative effects) are discussed separately because they cross all four sectors. The resulting sections are:
Water (C2); Traditional Knowledge and Language Sector (C3); Economic Sector (C4); Social Sector (C5); Lands and Resources Sector (C6); and Cumulative effects (C7).
19 For more information, see: http://www.ktunaxa.org/treaty/negotiations_what.html
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Baseline data collection and assessment methods for each of these sections are described below.
C1.8.1 Baseline Data Collection
C1.8.1.1 Determination of Valued Components 20 Consistent with standard assessment practice, a valued component (VC) is an important aspect of the environment that a project has the potential to effect and that is considered within an environmental assessment (Hegmann et al. 1999). The identification of VCs provides a way to focus on what is most important regarding a particular project. The VCs for this assessment were determined through:
An initial scoping meeting with Teck held in Cranbrook in February 14, 2012; A June 10, 2012 site visit to FRO Swift Project area and a community meeting following; An initial Ktunaxa review of Elk Valley Use and Occupancy Study results and Section C impact pathways with KNC Staff in Cranbrook on April 29, 2013; A review of the Project description and existing traditional land use information maintained by the KNC lands department; and The review of other materials, including KNC internal governance, policy and planning objectives for the Elk Valley.
VCs were reviewed and confirmed by KNC staff during a Cranbrook workshop in April 2013. Because of the interdependence of the four sectors, VCs are often applicable to more than one sector and in some cases apply to all four sectors. For the purposes of this assessment, VCs have been allocated primarily to one sector, and are cross-referenced under other sectors. Because water cuts across all sectors, it is addressed separately. Cumulative effects are also addressed in a separate section.
Table C1.8-1, below, shows each VC listed under the primary sector to which it is relevant, and cross-referenced to other relevant sectors.
20 Valued ecosystem component is another term frequently used, but is focused on biophysical resources. This report uses the more general term valued component (VC) in relation to KNC knowledge and use values, as VCs may include tangible or biophysical resources (particular places or species), as well as more social or knowledge based VCs such as governance, place names or community health.
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Table C1.8-1 Valued Components by Sector for Fording Swift Assessment TK/ Lands & Sector/VC Indicators or Measures Social Economic language Resources Water (Cross Sector) Assessment included at the Sector level ✔ ✔ ✔ ✔ Ktunaxa language and culture (intangible ✔ cultural resources) Cultural areas and properties (tangible Traditional cultural resources) including all site specific Knowledge and ✔ ✔ and non-site specific use and occupancy Culture values. Future Ktunaxa relationship with and ✔ ✔ knowledge of the land Housing, transportation and social services ✔ ✔ Social Sector Ecological approach to human health and ✔ ✔ ✔ confidence in wild foods Jobs/employment ✔ ✔ Business development ✔ Economic Investment Ktunaxa rights-based economy (focusing ✔ on commercial rights) Training and education ✔ ✔ Biodiversity, including connectivity, quantity and quality of habitat for rare species, ✔ ✔ ✔ ✔ ungulates, large carnivores, and fish. Plant richness and ecosystems of cultural importance, including old growth forests ✔ ✔ and high elevation grasslands, parklands Lands and resources and wetlands Ecosystem health, including water quality, air quality, lake stewardship, and channel ✔ ✔ ✔ ✔ morphology. Long term soil productivity and slope ✔ ✔ stability Archaeology ✔ ✔ Cumulative Effects Assessment included at the Sector level ✔ ✔ ✔ ✔ (Cross Sector)
Data Sources This section lists data sources used to determine baseline conditions and to assess impacts for each VC.
Common Data Sources for all VCs Consistent with the Project’s Application Information Requirements (AIR),(EAO 2014)21 Teck and KNC undertook a collaborative approach to supporting the development of a KNC-directed study to support the Application, including development of strategies to avoid or mitigate impacts, and maximize benefits, to Ktunaxa rights and interests. Sources of information relied upon through baseline data collection and assessment include:
Archival and ethnographic material held by, or made available through, the KNC;
21 Environmental Assessment Office, 2014. Fording River Operations Swift Project. Application Information Requirements. BC Environmental Assessment Office, November 2014.
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Internal KNC data and documentation relevant to the Project, including internal planning and policy documents and data collected in past KNC studies; Primary interviews with KNC staff, elders, and knowledge holders regarding the Line Creek Project and Ktunaxa knowledge, use and occupancy in the Elk Valley, conducted in 2010- 2011 and Additional primary Interviews conducted in 2012-2013 with KNC staff, elders, and knowledge holders regarding the Project and Ktunaxa knowledge, use, and occupancy, specifically of relevance to Fording Swift.
These information sources provided baseline data and analysis used to assess the potential effects of the Project. The available baseline information is limited by level of participation, methodology, and schedule. Baseline information should be considered open to verification, update, and elaboration through ongoing consultation and engagement between Teck and KNC during the Application review period and beyond.
VC-specific Source Documents
Water This section relies on information from KNC staff and knowledge holders as well as secondary source information including:
Data collected by Golder Associates and Teck on the Fording and Elk Rivers and tributaries; Available information, including professional assessments, regarding and arising from the development of the Elk Valley Water Quality Plan (Area Based Management Plan) (Teck 2014); BC MOE 2013. British Columbia Approved Water Quality Guidelines 2013 Edition. Prepared pursuant to Section 2(e) of the Environment Management Act, 1981. Original signed by Don Fast, Assistant Deputy Minister, Environment and Lands HQ Division, September 11, 1998. Dessouki, T.C.E. and A. Ryan. 2010. Water Quality Assessment of the Kootenay, Elk and St. Mary Rivers. British Columbia (BC) Ministry of Environment and Environment Canada, Victoria. March 2010. Krahn, P.K. 2014. Interim Expert Witness Report; Environmental Sampling in Areas Affected by Coal Mining in the Elk and Fording River Watersheds of Southeastern British Columbia. 2012-2014. Report prepared for Public Prosecution Service of Canada Regulatory and Environmental Crimes. September 2014. Minnow Environmental Inc., and Paine, Ledge and Associates. 2008. Three-Year (2004- 2006) Water Quality Evaluation for Elk Valley Coal Corporation. Report prepared for Elk Valley Selenium Task Force. August 2008. Paine, Ledge and Associates and Minnow Environmental Inc. 2010. Three-Year (2007- 2009) Evaluation of Selenium Concentrations and Loads in the Elk River Watershed, BC. June 2010.
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Spirogyra Scientific Consulting. 2009. Survey of Selenium in Water, Zooplankton and Fish in Lake Koocanusa, British Columbia, 2008. Prepared for Environmental Protection, Kootenay Region, British Columbia Ministry of Environment on behalf of the Elk Valley Selenium Task Force. July 2009. Teck 2014. Elk Valley Water Quality Plan. Approved by the British Columbia Ministry of Environment, November 2014. Windward Environmental, Minnow Environmental Inc., and CH2M HILL Limited. 2014. Elk River Watershed and Lake Koocanusa, British Columbia. Aquatic Environment Synthesis Report, Prepared for Teck Coal Limited. (Draft) This report summarizes existing information on chemical, physical and biological aspects of the Elk River watershed and Koocanusa Reservoir and makes recommendations for the Regional Aquatic Effects Monitoring Program (RAEMP)
Traditional Knowledge and Language In 2012 and 2013, the Ktunaxa Nation undertook an Elk Valley Knowledge, Use and Occupancy Study, building on Ktunaxa data specific to the Line Creek Operations Phase II extension collected in 2010 as well as earlier studies. A total of 36 Ktunaxa knowledge holders were interviewed. Elk Valley specific interviews took place between August 2010 and February 2013. The majority of interviews took place in July and August 2012. Interviews included documentation of prior informed consent and used a standardized interview guide designed to meet the needs of the study and to provide a consistent, but flexible, framework for soliciting and recording responses. Not all Ktunaxa knowledge holders familiar with the Elk Valley were able to participate. Absence of data does not mean absence of use or interest. Dr. Craig Candler, Carolyn Whittaker, or Dave Thompson of Firelight led the interviews with Amanda Joe and Donald Sam of the KNC assisting and providing GIS and mapping support. All data are maintained by the KNC Lands and Resources Sector.
All interviews were recorded using digital audio recording, digital video recording of the map surface, and through interview notes captured on interview forms or in notebooks. Questions were designed to gain an understanding of the participant’s background and relationship to the Project area, and of patterns of avoidance and use, including hunting, trapping, fishing and related practices, and how the participant’s use has changed over time. Location-specific data were mapped using points, lines, or polygons. Where possible, temporal information regarding the season and the year was recorded. Interviews averaged approximately two and a half hours, with the longest lasting approximately four hours. Areas in the vicinity of the Ktunaxa LSA were emphasized, but interviews addressed areas throughout the Ktunaxa regional study area (RSA - see C1.8.1.2 for a description of the Ktunaxa LSA and RSA for this Project). All interviews were conducted in English.
Interview and mapping protocols were based on standard techniques (Tobias 2010). Map data were captured and managed using a direct-to-digital mapping on-screen, with geo-referenced 1:50,000 scale or better data displayed on a wall or screen. To account for margin of error and to protect confidential information, all Ktunaxa data were randomized and buffered. Points were randomized by 250 m, and then 1 km buffers were generated around all points, lines, and
December 2014 C1-22 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application polygons. Appendix VIII contains additional details on the mapping process. Interview data was collected so that disaggregation of individual participant data is possible, and first hand and second hand information is distinguishable.
Language and culture (intangible cultural resources) Consistent with Article 2 of the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage 22 , the valued component of Ktunaxa Language and Culture (intangible cultural resources) is understood to include non-site specific values including place names, oral histories, cultural landscape23, intergenerational transmission of knowledge, and practices, representations, skills and values that are based in Ktunaxa traditional ecological knowledge (TEK) or Aboriginal traditional knowledge (ATK), but may be spatially indistinct or difficult to record using maps. Species and resource based non-site-specific values are considered under Ktunaxa Lands and Resources (Section C6).
Cultural areas and properties (tangible cultural resources) For the purpose of this report, Cultural areas and properties (tangible cultural resources) include site-specific values that may be mapped and are reported as specific and spatially distinct (though the locations may be considered confidential). Site-specific values, such as cabins, or kill sites, reflect specific instances of use that anchor the wider practice of rights and livelihood within a particular landscape. A particular elk kill site may be mapped with a precise point, but that value is correctly interpreted as an anchor, or focal point, for a wide spectrum of other related livelihood practices and values, including wider hunting areas covered in efforts to find the elk, practice of navigation and tracking in order to access it, religious or ceremonial practices that may be associated with the hunt, food processing and preparation techniques to utilize it, and the range of social relationships and knowledge transmission (teaching) activities that are required for a successful hunt to occur. In other words, every mapped site-specific value implies a much wider range of activities, and a wider geographic area, upon which the meaningful practice of that use relies. The actual area covered by recorded site-specific use values should be understood as a miniscule portion of the area actually required for the meaningful practice of KNC livelihood.
22 Article 2 (1): “intangible cultural heritage” means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity… Article 2 (2): The “intangible cultural heritage”, as defined in paragraph 1 above, is manifested inter alia in the following domains: (a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; (b) performing arts; (c) social practices, rituals and festive events; (d) knowledge and practices concerning nature and the universe; (e) traditional craftsmanship. (UNESCO, http://www.unesco.org/culture/ich/index.php?lg=en&pg=00022#art2 accessed May 16, 2013). 23 Parks Canada defines an aboriginal cultural landscape as: “a place valued by an Aboriginal group (or groups) because of their long and complex relationship with that land. It expresses their unity with the natural and spiritual environment. It embodies their traditional knowledge of spirits, places, land uses, and ecology. Material remains of the association may be prominent, but will often be minimal or absent.” (Parks Canada, http://www.pc.gc.ca/eng/docs/r/pca-acl/index.aspx, accessed July 16, 2012)
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Documentation of site-specific data included five classes of site-specific values:
Subsistence values (including harvesting and kill sites, plant food collection areas, and trapping areas); Habitation values (including temporary or occasional, and permanent or regularly used camps and cabins); Cultural/spiritual values (including burials, gathering places, ceremonial areas, and medicinal plant collection areas); Transportation values (including trails, water routes, and navigation sites such as landmarks, or passes); and Environmental feature values (including specific highly valued fish or wildlife habitat, mineral licks, or other specific environmental features).
Social and Economic Sectors To add to information collected through primary sources and determine baseline and trend data for social and economic indicators for each valued component, the Firelight Group accessed secondary information from:
Data and analysis by the KNC of the 2010 Ktunaxa Census; Data provided by Golder Associates and Teck regarding the Project; BC Government and Statistics Canada information; and Other published or internet data sources.
Quantifiable social and economic indicators are challenging to select for any project, as it is difficult to gauge the direct, indirect and induced effects of a specific project on broad social and economic conditions, which tend to be affected by a wide range of other factors. As a further complication, in many instances baseline data are not easily accessible.24
In the absence of quantitative baseline data, qualitative methods have been used to identify gaps that may constrain the ability of Ktunaxa citizens to take full advantage of economic activities occurring on their lands. In some cases, the KNC has identified opportunities for improvement rather than impacts, emphasizing maximizing benefits while avoiding impacts.
Where possible, baseline and trends for social and economic conditions of Ktunaxa residents of the Regional District of the East Kootenays (RDEK) are compared to those of the non-Aboriginal population of the RDEK.
24 For example, there are no accurate estimates of the number of Ktunaxa who currently work for Teck at any of Teck’s Elk Valley coal operations. Data on required employees by skill type, expected annual expenditures, and employee turnover rates were also not available. These data gaps place limitations on the confidence of predictions made in this analysis.
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Lands and Resources Sector No ecological fieldwork specific to Ktunaxa rights was conducted in the Ktunaxa RSA or LSA (see C1.8.1.2) by KNC. The assessment of land and resources valued components for this section relies upon Section B of this application, including:
Vegetation (Section B2.3.2); Wildlife and wildlife habitat (Section B2.3.3); Biodiversity (Section B2.3.4); Air quality (air quality predictions) (Section B2.1.1); Water quality (Section B2.2.3) Aquatic health (Section B2.2.4); Archaeology (Section B3.4); Human and terrestrial wildlife risk (Section B3.5); and Fish and fish habitat (Section B2.2.5).
Endpoints for assessment in this section are different from those for related valued components in Section B, and as such, characterization of project effects and confidence rating may also be different. Additional information for this section was collected through interviews with key Ktunaxa citizens and through review of the following information sources:
Draft Ktunaxa land use planning documents; Technical reports (as cited in text); Interviews with Ktunaxa and other specialists (identified as pers. comm.); Use and occupancy interviews; June 28, 2010 community meeting; Line Creek Phase II Environmental Assessment; Community meetings described above under common resources; and A community focus group on plants and ecosystems of cultural importance in ʔakisq̓ nuk July 2014.
C1.8.1.2 Temporal and Spatial Boundaries The temporal boundaries for baseline data collection include past, present, and planned future KNC rights and interests. For the purpose of this study, a past value refers to an account of KNC knowledge and use prior to living memory, a present value refers to an account of KNC knowledge and use within living memory of KNC participants, and a planned future value refers to anticipated or intended KNC knowledge or use patterns.
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Spatial boundaries for baseline collection included a local study area (LSA) defined by a 5 km buffer 25 around the Project operation boundary within which relatively intense Project-related disturbance can be expected, and a larger regional study area (RSA) within which direct or indirect effects of the Project—such as traffic, effects on water and other forms of disturbance experienced by Ktunaxa citizens—may be anticipated. The Air Quality and Noise Assessments predicted these effects are not expected outside the LSA of 5 km buffer. For the purpose of this study, the limits of the RSA are defined by the boundaries of qukin ʔamakʔis (Raven’s Land), as well as portions of ¢am̓ na ʔamakʔis and Koocanusa Reservoir (as shown in Figure C1.8-1), a culturally relevant management unit where the movement of sensitive and culturally important animals, including ungulates (e.g., elk, deer, and sheep), carnivores (e.g., grizzly bear, wolf and cougar), and fish (e.g., burbot or cutthroat trout) may be impacted by the Project.
The project lifespan is understood to include four phases of mining that can be broadly classified into three stages: construction, operations, and reclamation and closure. Activities associated with these stages are described in A3 Project Description:
Construction activities are assumed to last approximately 12 months from the time of permit approval anticipated in 2015. Operations are assumed to last approximately 25 years (2015 to 2040); and Reclamation and closure is assumed to take place primarily following 2040, and largely within a five year active closure stage. Water management and monitoring/research will be ongoing into the post-closure phase after this time.
C1.8.1.3 Cumulative Effects Characterization Potential effects of the Project on First Nations interests and use are in addition to the effects of existing developments. They are expected to begin during construction and to increase in magnitude and extent during the construction and operations period due to increased noise, traffic, land area taken up with pits, roads and storage of waste products including waste rock and limitations to access during these Project stages. During reclamation and closure there will be a reduction in effects such as noise and traffic, but longer-term effects on First Nations interests and use are anticipated until and beyond the successful completion of mine reclamation. Due to permanent changes to the landscape, and the “taking up” of lands over multiple human generations (generally defined as between 20 and 25 years), with the resulting potential for ongoing interruption of traditional use and knowledge transmission regarding the area, many of the effects on Ktunaxa interests and rights are considered permanent.
25 Five kilometres (just over three miles) is an approximation of the distance easily travelled in a day trip from a point (such as a cabin, camp or other location) by foot through bush, as when hunting, and returning to the point of origin (Candler et al. 2010: 29). It is used as a reasonable approximation of the area of regularly relied upon resource use surrounding a given transportation or habitation value.
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C2 KTUNAXA RIGHTS: WATER
C2.1 Water Baseline
The following quote provides a Ktunaxa perspective on the cultural importance of water, (provided by Ktunaxa Lands Sector December, 2014):
The Ktunaxa have occupied our Territory since time immemorial and we have deep spiritual, cultural, social and socio-economic connections to ʔamak, the land, and wuʔu, the water, within our Territory. Our relationship to the land and water is supported by our oral histories and our teachings. Our Creation Story follows the waterways within our Territory, highlighting the importance of the Columbia and Kootenay Rivers; both being central to our worldview. We were created in interdependence with the land and water, and were given covenants by the Creator to protect, honor and celebrate what the Creator has given us. ʔaknumu¢tiǂiǂ is the Ktunaxa word for a law given to us by the Creator which speaks to why we were put on the land. The land (including water) gives us the resources to survive, and in return, we must protect and not overuse the land. ʔaknumu¢tiǂiǂ is grounded in the fact that all things are connected and must be kept in balance; it is the foundation of our spirituality.
The Ktunaxa philosophy of stewardship of the lands and waters is the recognition that we are a part of the land, and that our connectedness to it requires that we have respect for all things as anything that affects one, affects everything else. Ktunaxa believe that we must care for ʔa’kxam̓ is q̓ api qapsin, or all living things, and in doing so we must ensure that the water is clean and pure, as it is the giver of life. We also believe that we must ensure that the land is properly stewarded; yaqaǂ hankatiǂiǂki na ʔamak, which translates to “our people care for the land, the land cares for our people”.
Napituk (water) is an overarching Ktunaxa value that spans the four Nation Council governing sectors. A quick search of Water in the Ktunaxa Language portal for First Voices came up with 46 different Ktunaxa terms for water, and the ways water is used. Examples of these terms include: ¢aqananmituk (water flowing), ʔisnuxuʔnuk (swiftly flowing water), ʔa·kikq̓ anak (still water), ¢umuk (water to bubble up out of the ground), k̓ utmik (hot water), k̓ isqatuk (cold water), haǂinkikqa (transport across water) among many others. Water is considered sacred under Ktunaxa law as an essential part of all living things. It is fundamental to the Ktunaxa creation story. In the words of one knowledge holder:
…with the expansion of everything, our waters are going to be attacked more and our fish might not even come back. ... not because they don’t want to, but because they can’t. ... without that water, just like any living thing -- without that water, we don’t have anything. A04 7/9/2012
At a minimum, all current and future Ktunaxa citizens have a right to access sufficient quantity and quality of water in preferred locations to maintain continuity of Ktunaxa practice throughout Ktunaxa lands and across generations. As per the Ktunaxa governance section in C1, the Ktunaxa Nation strives to steward land and water. This requires maintaining and restoring natural
December 2014 C2-1 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application flow and water quality conditions as well as hydrological function, riparian ecosystems, and habitat for fish and other water dependent species. In particular, this means:
Rigorous protection of ecologically and hydrologically effective riparian zones; Protection of aquatic and riparian ecosystem functions and processes to support diverse native plant and animal communities; Protection of the hydrological functioning of wetlands and floodplains; General opposition to disposal of any wastes in water and specifically prohibition of waste discharges to water that impair its ecological functions or value for human and animal use; Prohibiting other water uses that disturb natural stream processes and functioning; Encouragement of active watershed stewardship by non-Ktunaxa neighbours and basin residents; and Protection, maintenance and restoration of culturally significant, regionally important and ecologically rare or threatened fish species.
The importance of water for each Ktunaxa Sector is described below. Potential impacts from the proposed Project on surface water hydrology and water quality are included as impact pathways within each of the sector assessments in this section.
Traditional Language and Knowledge Sector Water is fundamental to the Ktunaxa creation story, and is understood by Ktunaxa knowledge holders to be the basis for all living things within Ktunaxa territory. Rivers, streams, lakes, and riparian areas provide essential habitat for the fish, and many of the animals and plants that Ktunaxa harvesters rely on, and responsible stewardship of water is a critical component of Ktunaxa responsibility to living things (see Section C1). Ktunaxa trails, harvesting areas, and cultural use areas are often oriented along streams, rivers and lakes within Ktunaxa territory and access to clean water is essential to the ability of Ktunaxa citizens to spend time on the land, especially when travelling or hunting for extended periods in remote areas. Water bodies are traditional and current travel corridors. At another level, the ability to rest and drink confidently from a mountain stream is an aspect of Ktunaxa rights that all future generations should enjoy. Confidence in water is compromised in portions of the Fording and Elk River due to the presence of contaminants that have been released by coal-mining activities in B2.2.3 and B2.2.4.
Economic Sector Water, quality and quantity, as well as the fish, wildlife, and plant resources it sustains, are fundamental economic assets. Where water quality or quantity is not adequate, it can become a fundamental economic constraint, especially where water limits ecological health, or the ability to develop economic resources. The potential for some alternative Ktunaxa economic futures, such as sports fishing based tourism and guiding, depend heavily on confidence in the quality of the Elk Valley’s rivers and streams, and the habitat they provide. Water quality may also be a constraint on future Ktunaxa economic opportunities related to mining where past mining activity has already caused levels of contamination that approach or exceed water quality guidelines or other benchmarks.
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Social Sector Clean water is a fundamental determinant of human health, is essential to Ktunaxa confidence in wild foods, and to the place of wild foods, and especially fish, at the dinner table of Ktunaxa families. One knowledge holder’s comment highlighted the connection between contaminants and fish as a wild food:
I hear that [Ling Cod] not good anymore. I don't know what -- is it -- if it's the ice is not good, or if the fishing is not good. But ling cod was a good pastime to go fishing, catching them. ... it's downstream from that coal mine… the ling cod are bottom fish feeders. They feed from the bottom of the river. It's a concern if there's something that they're eating that, in turn, we're going to be eating. And we don't know what it -- chemicals or contaminants are going into the mining process. And we're eating those bottom fish feeders. S01 6/28/2012
Lands and Resources Sector As a fundamental resource essential for life, water plays a major role for Ktunaxa lands and resources. There are numerous important environmental values associated with water including fish habitat, habitat for the creatures that fish eat (benthic invertebrates), wildlife species dependant on water and riparian habitat, wetland birds and plants among others. Unmitigated and legacy impacts to water quality on the Fording River and downstream of the Project have the potential to create wide ranging ecological impacts for fish and the range of other living things that depend upon them.
Baseline
Spatial Boundaries See section B for a discussion of spatial boundaries for surface water quality defined by the aquatic regional study area (RSA) and aquatic local study area (LSA) (Figures B2.2-3 and B2.2-4, respectively). The aquatic RSA includes surface water resources subject to effects from the Project and other previous, existing or reasonably foreseeable developments that may impact the Elk River and Canadian portions of Koocanusa Reservoir.
The aquatic LSA is a total of 220 km2 including those watersheds that overlap the Project footprint: Lake Mountain Creek, Unnamed Creek 1, Heather/Shandley Creek, Swift Creek and Cataract Creek, all of which are tributaries of the Fording River. Other tributaries in the LSA that are affected by existing and approved FRO activities include the Henretta, Clode and Kilmarnock.
Summary of Sources and Current Status of Water The water of the Elk and Fording Rivers and adjacent streams has been subject to intensive analysis by Teck and government regulators. Available evidence suggests that fish and wildlife populations in the Elk River, Koocanusa Reservoir, and parts of the Fording River are generally doing well, but based on a review of evidence including evidence provided by other Governments, Ktunaxa citizens and knowledge holders have serious concerns regarding portions of the Fording River and tributaries near the Project. Further unmitigated impacts from additional mining in the Project area are likely to contribute to decreased confidence in water and wild foods and other impacts to Ktunaxa Rights and Interests including the ability to Implement Ktunaxa
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Stewardship Principles. While selenium is not a major human health concern, impacts to fish eggs and fish populations as a result of selenium bioaccumulation can be very serious. This section relies on information from sub-sections in Section B including: Surface Water Quality (B2.2.3) and Aquatic Health Assessment (B2.2.4) that are informed in turn by geochemistry and hydrogeology baseline data. This water baseline (Section B2 and C2) has also relied on key background documents summarized in Section C1.8 (Methods).
Current Teck operations in the Elk Valley include five (5) steelmaking coal operations26 that have affected and continue to affect water quality in the valley and downstream to at least Koocanusa Reservoir. Studies indicate that the water flowing through waste-rock spoils from these operations will continue to mobilize selenium, nitrate, cadmium, sulphate, calcium and other substances for many decades into the future (Windward Environmental 2014). Increasing levels of selenium and other contaminants have been measured in the Elk River and mine-affected tributaries for at least twenty years. Contamination in the Elk Valley waterways is caused by large volumes of waste rock that, when exposed to water and air, accelerate the release of selenium (and other contaminants) into the environment. These contaminants are moving through the Elk Valley watershed and into Koocanusa Reservoir.
In Section B2.2.3 (water quality), concentrations of contaminants in surface water, sediment, fish tissue and groundwater were compared to provincial water quality guidelines for the protection of aquatic life (BC MOE 2013), to site‐specific toxicity benchmarks, and to reference concentrations. The methods and guidelines are described in the Elk River Watershed and Lake Koocanusa Aquatic Environment Synthesis Report (Windward Environmental 2014).
Water Quality Windward Environmental (2014) evaluated surface water quality conditions at 93 stations in the Elk Valley, using data collected between 2011 and 2013. The results of this evaluation showed that selenium, nitrate, and sulphate represent primary contaminants of concern, with concentrations exceeding the water quality guidelines for the protection of aquatic life in more than 10% of the surface water samples that were collected within the RSA. Other substances that exceeded the water quality guidelines or the selected benchmarks in surface water samples collected within the RSA included aluminum, ammonia, arsenic, barium, cadmium, chromium, cobalt, copper, iron, lead, manganese, nickel, phosphorus, silver, thallium, uranium, vanadium, zinc, benzo(a)pyrene, phenanthrene, and pyrene.
Within the Fording River watershed upstream of Josephine Falls (i.e., Management Unit-1; MU-1), the highest median concentrations of selenium, nitrate, and sulphate were observed in Kilmarnock, Swift, and Cataract creeks. Nitrate levels exceeded the site-specific benchmark in 15% of the surface-water samples collected in this MU, while exceedances of the site-specific benchmarks for selenium and sulphate were frequently exceeded in this MU (i.e., 45% and 31% of the samples, respectively). The substances that exceeded water quality guidelines in at least
26 Fording River Operations, Greenhills Operations, Line Creek Operations, Elkview Operations and Coal Mountain Operations
December 2014 C2-4 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application one-third of the surface water samples collected at one or more stations included: nitrite, ammonia, cadmium, uranium, and vanadium.
The development of the EVWQP (including Aquatic Synthesis report) was based on review and analysis of a broad range of information nonetheless, there remain significant uncertainties about: 1. what levels of selenium and other contaminants are protective for aquatic organisms; and 2. effects on other aquatic species including amphibians and birds. The approved Teck EVWQP (2014) (including Valley-wide EMA and Mines Act permit in terms and conditions) is attempting to address these uncertainties and in particular from a Ktunaxa perspective.
Sediment Quality In the Elk Valley, sediment quality conditions can be adversely affected by a variety of mining- related stressors, including releases of contaminants, releases of calcium and subsequent formation of calcite, and releases and subsequent deposition of fine sediments. Sediment quality conditions are typically evaluated using four types of information, including whole-sediment chemistry data, pore-water chemistry data, whole-sediment toxicity data, and benthic invertebrate community structure data. In addition, information on the severity and spatial extent of calcite formation provides important information for evaluating sediment quality conditions in areas affected by calcium releases. Windward Environmental (2014) provided information on four of these indicators of sediment quality conditions within the Elk River Watershed and Lake Koocanusa Aquatic Environment Synthesis Report.
Whole-sediment chemistry data were collected in up to 26 areas within the Elk Valley during 2011 and 2013, with two to 10 sediment samples collected in each area and submitted for chemical analysis. The resultant sediment chemistry data indicated that a total of seven substances exceed either probable effects levels (PELs) or severe effects levels (SELs) in one or more sediment sample from the RSA, including cadmium, nickel, zinc, 2-methylnaphthalene, fluorene, naphthalene, and phenanthrene. These data suggest that the concentrations of these contaminants may already be sufficient to cause toxicity to benthic invertebrates utilizing streambed substrates in the base case in portions of the RSA.
Limited whole sediment toxicity data are available to evaluate sediment quality conditions in the Elk Valley due primarily to the lotic nature of the watershed. Sediment samples were collected from one settling pond, three mining-exposed locations, and two reference locations in the Elk Valley to evaluate sediment toxicity. Two toxicity tests were conducted on each sediment sample, including a 14-d toxicity test with the amphipod, Hyalella azteca, and a 10-d toxicity test with the midge, Chironomus riparius. The results of these toxicity tests indicate toxicity to midge was observed at one location, although the source of toxicity is not known. It is important to note that these selected toxicity tests do not provide a robust basis for evaluating long-term toxicity to benthic invertebrates exposed to stream sediments. Rather, from a Ktunaxa perspective longer-term duration toxicity tests evaluating survival, growth, biomass, and reproduction are required to evaluate effects on sensitive benthic invertebrates. Terms and conditions of the Valley-wide EMA permit provide requirements for longer term testing for sediment.
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Windward Environmental (2014) evaluated benthic invertebrate community structure at 56 mining-exposed and 36 reference locations in the Elk Valley, using the Canadian Aquatic Biomonitoring Network (CABIN)-based methods (as agreed upon by the BC Ministry of Environment and through Regional Aquatic Effects Monitoring Program study design). While the CABIN-based methods tend to be less sensitive that other monitoring approaches (Borisko et al. 2007), adverse effects on benthic invertebrate communities were observed at 20 out of 56 of the mining-exposed areas. Based on reviews of current studies Ktunaxa knowledge holders understand effects generally reflected reductions in the relative abundance of mayflies, stoneflies, and caddisflies (i.e., EPT taxa) in areas located downstream of mine discharges.
In 2013, Teck initiated a study to document calcite deposition in mining-affected areas within the Elk Valley. The results of this study showed that tributaries located within mining exposed areas frequently had calcite levels that exceeded that range observed in reference areas (i.e., calcite index, CI, of 0.0 to 0.5). Overall, 28.3 km of tributaries had CIs of greater than 0.5. This represents more than 20% of the stream length encompassed in mining affected areas. By comparison, 4.7 kilometers of the Elk and Fording Rivers had CIs greater than 0.5. From a Ktunaxa perspective there is a high degree of uncertainty about the effects of calcite formation on aquatic organisms in the Elk Valley. An assessment of the potential for calcite to affect aquatic health through exposure pathways has been done in Section B2.3.3 (water quality) also see Section B2.5 Fish Habitat.
As per section B2.2.4.1.4, according to a Ministerial Order M113 under Section 89 of the BC Environmental Management Act, Teck was charged with developing the EVWQP in consultation with local communities, Ktunaxa Nation government and other governments. Constituents covered under the Order include: selenium, nitrate, sulphate, cadmium, and calcite. Non-Order constituents of concern are those that were identified as showing project-related effects from the Fording Swift Operation. The EVWQP proposes short-, medium- and long-term water quality targets to achieve the following environmental management objectives:
protection of aquatic ecosystem health; management of bioaccumulation of constituents in the receiving environment (including fish tissue); protection of human health; and protection of groundwater.
As required by Ministerial Order M113 of the Minister of Environment, Teck has prepared and on July 22, 2014 submitted an area based management plan (EVWQP) for the Elk Valley to the Minister of Environment. The formal approval of the EVWQP occurred on November 18, 2014. As required by the Order, the EVWQP includes water quality targets for the four Order constituents at specified locations in the Fording and Elk rivers and in Koocanusa Reservoir, and an implementation plan to meet the targets. The EVWQP includes plans to install a series of active water treatment facilities (AWTFs) and water management activities to manage water quality (e.g., water diversions). This series of mitigations is referred to as the ‘initial implementation plan’.
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The EVWQP incorporates monitoring and applied research and development to adaptively manage the plan during implementation.
Predicted future concentrations of Order constituents resulting from Teck’s reasonably foreseeable developments planned over the next twenty years are included in the EVWQP. Targets and mitigations for Order constituents are proposed at the scale of the Elk Valley as they were developed through the EVWQP, whereas the non-order constituents of concern are addressed within the Project LSA and RSA.
The KNC has reached agreement with the government of BC and Teck on the terms and conditions (including Mines Act and Environmental Management Act permit terms) for approval of the Elk Valley Water Quality Plan. This means that, subject to implementation of the terms and conditions, the KNC endorses the EVWQP as an overall, valley-wide mitigation strategy for the contaminants addressed in the plan: selenium, cadmium, nitrate, sulphate and calcite deposition. While KNC is comfortable considering water quality and aquatic health (and Section C) assessment based on the EVWQP mitigation scenario, this will not prevent the Ktunaxa Nation from raising concerns during the EAC review with respect to the adequacy of the mitigation scenario included in the draft EVWQP as they relate to the Project.
Table C2.1-1 Summary of primary Constituents of Concern in the Local Study Area Constituent Baseline conditions27 Current levels exceed water quality guidelines28 in most sites (In Elk River Watershed including Fording River, Elk River and in some sites in Koocanusa Reservoir. Selenium is bio-accumulating Selenium in tissues (e.g., benthic invertebrates, fish) to levels that may adversely affect aquatic receptors in some areas; exceedances are not considered by Teck to cause human health risks (EVWQP Teck 2014) Exceeds the water quality guideline at many of tributaries draining the mine such as Cataract Nitrate Creek, Swift Creek, Porter Creek, Eagle Pond, Kilmarnock Creek and in the Fording River throughout most of the LSA Exceeds water quality guidelines at many tributaries draining the mine such as Cataract Creek, Sulphate Swift Creek, Porter Creek, Eagle Pond and Kilmarnock Creek Exceeded the water quality guideline at many of tributaries draining the mine such as Cataract Cadmium Creek, Swift Creek and Clode Creek – guidelines are federal (CCME) as BC guidelines are being revised Zinc Exceeds the water quality guideline at Cataract Creek and Swift Creek Calcite (also in the High saturation concentrations in mine affected streams leads to calcite deposits on creek bottom EVQQP) sands. Calcite formations are occurring in tributary creeks and the upper Fording River. Note: Surface water quality data were collected from 82 stations over 10 years, comparisons to reference conditions and WQG were done using data primarily from the past 3 years (60%) of the samples. See B2.2.3.2.1.2 Water Quality.
Selenium is beneficial in low concentrations. When present in high concentrations, as in the LSA and some portions of the Project RSA, it may affect the reproduction of some aquatic invertebrates and fish (effects on amphibians, and aquatic birds are unknown). Downstream concentrations of selenium and other elements, including, but not limited to, cadmium, lead and molybdenum, are important concerns for the KNC. According to Teck’s EVWQP (Windward
27 All quantitative measures were cited from Krahn 2014. 28 Provincial guidelines for the protection of aquatic life (BC MOE 2013)
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Environmental 2013), since the mid-1990s, selenium levels in the Elk River have increased from estimated historical background levels of less than 1μg/L to a maximum concentration of 18μg/L in 2011, with higher concentrations observed closer to Teck’s operations. The Peter Krahn Interim Expert Witness Report (2014) suggests that selenium levels may be as high as 300 times the BC guideline for the protection of aquatic life in some tributaries. While Teck has been actively working to manage and reduce selenium levels within the Elk River watershed29, it is clear that high levels of selenium and other constituents exist in portions of the watershed and are a legacy of past mining activities.
C2.2 Anticipated Project Effects on Water
Water in the Elk Valley Section C base case is understood by Ktunaxa knowledge holders and experts to already be passed a threshold of significant effect to cultural rights and interests as a result of current and past mining activities (see Section C3). As such, anthropogenic changes to water and water flow are of critical concern to the Ktunaxa and any incremental adverse Project- related residual effect post-mitigation should be considered significant. Multiple Ktunaxa participants in 2012 interviews raised water quality, including impacts to fish and aquatic life, as important concerns that influence use of the Elk Valley. Ktunaxa knowledge holders identified the proximity of the Project to the Fording River as a risk. For at least some Ktunaxa citizens, confidence in water quality in parts of the Elk River near existing coal mines remains a barrier to ongoing Ktunaxa use of lands and resources30.
Surface Water Quality is considered as a measurement indicator for the VCs and assessment endpoints identified in the aquatic health (Section B2.2.4), human and terrestrial wildlife health (B3.5) and fish habitat (Section B2.2.5) and geochemistry (Annex C) assessments. While questions specific to surface water hydrology were not included in Ktunaxa knowledge and use interviews (see Section C Methods), concerns regarding surface water hydrology and ecological function were raised by Ktunaxa knowledge holders and land users, including:
Project impacts to high altitude wetlands and riparian areas; Disturbance and alteration of the Fording River, tributaries and adjacent creeks and streams (including changes to channel morphology and impacts from calcite deposits); and The need for improved reclamation of the intensely disturbed lands and waters of the upper Fording, including surface hydrology and channel morphology that sustains diversity of species allowing Ktunaxa lands and waters to return to ecological and cultural conditions that are equivalent to those of the Elk Valley prior to industrial disturbance.
Fish and Fish Habitat and Aquatic Health are reviewed under Fish and Fish Habitat in the Lands and Resources Sector C6. Mitigations are described in the Table of Commitments in Section C10.
29 See Windward Environmental 2014, for activities undertaken by Teck to manage selenium since 2010. 30 See TKL section C3 for risks of loss of use related to perceptions of contamination.
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C3 KTUNAXA RIGHTS: TRADITIONAL KNOWLEDGE AND LANGUAGE SECTOR
The vision for the Traditional Knowledge and Language (TKL) Sector (one of the four pillars of Ktunaxa governance and nation rebuilding) is “for each citizen to be connected with cultural heritage and to have a strong sense of Nationhood” (KNC 2010a). As noted in C3.1 and C3.2, Ktunaxa cultural heritage includes both intangible cultural properties, such as values, practices, knowledge and language itself, and tangible cultural properties, such as places or things. The FRO Swift Project’s potential effects and recommended mitigations for these two aspects of cultural heritage, intangible and tangible, are discussed separately below.
C3.1 Intangible Cultural Heritage: Ktunaxa Knowledge and Language Baseline
…having been created in interdependence with the land, its living things, and the spirit world, the Ktunaxa possess and are entitled to enjoy our inherent and pre-existing sovereignty over our land and our lives thereon… (Ktunaxa Nation Council, Qat’muk Declaration, 2010)
As described in C1, intangible cultural heritage includes language, knowledge, sacred values, sense of place, intergenerational transmission of knowledge and practices, and other values of importance. The Ktunaxa language is widely recognized as a language isolate, meaning that it does not share a common parent language with other indigenous languages.31 Language isolates are generally associated with geographies that are mountainous, or that otherwise impede communication, and with continuous occupation of areas over a very long period of time. In 1962, it was estimated that there were 300 to 500 speakers of Kutenai, from Idaho, Montana and British Columbia (Wallace 1962). In 1990, American census figures for “speakers of American Indian Languages” indicated 102 speakers of the Kutenai language (Broadwell 1995). The Report on the Status of B.C. First Nations Languages estimated that, as of 2010, there were only 26 fluent speakers of Ktunaxa remaining in BC (approximately 3 per cent of Ktunaxa citizens in Canada), and classified the language as ‘critically endangered’ and ‘nearly extinct’ (First Peoples’ Heritage, Language and Culture Council 2010: 23). The survival and revitalization of the Ktunaxa language, and the ongoing learning and use of Ktunaxa by younger generations, is a priority for the Ktunaxa Nation and is fundamental to the transmission of Ktunaxa knowledge and way of life:
I grew up in an era where I caught the tail end of everybody still practicing their language. Every household had fluent speakers right down to the kids. Every household had sturgeon-nose canoes, ... everybody sweated in them days. Every household had trappers. I caught TB in the late ’50s ... I was only four years old. But I remember before I got taken away living that lifestyle of the old ways. It was awesome. And that’s how I learned, my grandma who was a mentor …
31 The academic literature on the Ktunaxa language is extensive. Major contributors in the late 19th and early 20th centuries included Chamberlain, Boas and Sapir. More recent linguists publishing on the Ktunaxa language include Paul Garvin, Mary Haas, Larry Morgan and Matthew Dryer.
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She used to take us away in the sturgeon-nose canoe … And I was very fortunate that I lived with her, brought up with her, seeing the old ways. Y01 August 10, 2012
The Ktunaxa Nation understands that as part of Creation, Ktunaxa citizens were given their language as a method of communicating with each other and with the other non-human beings of the world. It is believed by some that this ability to communicate with nature has deteriorated as the Ktunaxa language changes over time from the original language: “This is why it is very important to recapture the language in its true form as much as possible, so that the integrity of the traditional knowledge contained therein can be protected” (KNC 2005).
Ktunaxa language is also prominent in the Ktunaxa Nation Council vision:
As a Nation we are striving to achieve strong, healthy citizens and communities, speaking our languages and celebrating who we are and our history in our ancestral homelands, working together, managing our lands and resources, as a self-sufficient, self-governing Nation. (KNC www.ktunaxa. org/fourpillars/language/index.html)
As suggested by the KNC vision, the health and well-being of Ktunaxa individuals, families and communities is linked to the vitality of the Ktunaxa language and living culture (KNC 2010a).
Outcomes associated with this Ktunaxa language vision include:
Increased recognition and understanding of Ktunaxa traditions and language; Increased knowledge and use of Ktunaxa/Aboriginal languages; Increased awareness and knowledge of cultural ancestry; Strengthened identity as Ktunaxa, and identification with Ktunaxa culture; and Strengthened pride in cultural identity (KNC 2010a).
Specific aspirations or measures include the presence of the Ktunaxa language as a functional component of daily life, and that each Ktunaxa citizen has increased knowledge and use of the Ktunaxa language, including having a Ktunaxa name, knowledge of Ktunaxa community names, knowledge of the Ktunaxa Creation story and history, and knowledge of Ktunaxa Territory place names (KNC 2010a).
The funding of language learning opportunities for Ktunaxa citizens is critical to the preservation and revitalization of Ktunaxa language, as is the continued documentation, recording, archiving, and preservation of the living oral language. Continuing documentation of Ktunaxa is a responsibility made critical by the ongoing loss of knowledgeable Ktunaxa elders. In addition to language preservation, renewal of the Ktunaxa language as a ‘living language’ within the community is a key objective. This is recognized as a broad challenge that can be accomplished only through a cooperative effort by entire communities (KNC 2005).
Within the Elk Valley, the maintenance of place-based Ktunaxa language and associated knowledge, including place names, oral histories associated with the Elk Valley, and the
December 2014 C3-2 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application transmission of knowledge related to harvesting and practicing rights in the area, is challenged by a combination of historical impacts and ongoing industrial impacts, especially forestry and mining.
C3.2 Tangible Cultural Resources: Ktunaxa Lands and Resources Use Baseline
Current and historic Ktunaxa use of the upper Elk Valley, as well as oral historical information likely pre-dating 1846, provides insight into the importance of the Project area to Ktunaxa peoples. While the alienation of Ktunaxa rights through land privatization, coal-related industrial development, and government policy (particularly provincial mining and hunting regulations) has been widespread in the Elk Valley, Ktunaxa elders and land users report ongoing use of the LSA and the surrounding area, as described below.
Based on interviews and oral histories collected in the late 19th and early 20th centuries, ethnographers (Chamberlain 1892, Curtis 1911, Boas 1918, Teit 1930, Turney-High 1941, Schaeffer 1935, 1966) clearly identify the area of the Elk Valley, including the Crow’s Nest Pass area, as being originally, and continuously, occupied by Ktunaxa speaking people. Each of these sources supports an understanding that the Elk Valley, and the larger area of qukin ʔamakʔis in its entirety, was used, occupied, and effectively controlled by Ktunaxa speaking people for a long period of time prior to, and extending beyond, the assertion of British, Canadian or American sovereignty in the region.
Ktunaxa oral histories, supported by historic archival and ethnographic data, suggest that Ktunaxa presence in the Elk Valley has long been centred on an important habitation area named k̓ aqawakanmituk, or Michel Prairie, a Ktunaxa settlement at the confluence of Michel Creek and the Elk River near present-day Sparwood. This settlement was occupied annually, and likely for a long period of time, by the Michel Prairie people, also referred to as the Fernie Band, or k̓ aqawakanmituknik̓ , a group with close ties to the Ktunaxa community of Tobacco Plains whose annual round included hunting bison on the eastern slopes of the Rocky Mountains. The settlement at Michel Prairie included important tobacco cultivation areas. Many Michel Prairie people died as a result of early smallpox epidemics, likely in the late 1700s.
Based on Ktunaxa oral histories recorded by Schaeffer, the k̓ aqawakanmituknik̓ (qakawakanmiǂuqnik in Schaeffer), along with other branches of the Ktunaxa Nation including the katamukinik, were decimated by smallpox while hunting bison east of the Rockies, likely just prior to, or shortly after, the arrival of horses in Ktunaxa territory in the late 1700s. At least some of the survivors of the qakawakanmiǂuqnik returned to their people west of the Rockies and were later joined by Ktunaxa from further south under the leadership of Chief Michel (Hole-in-the-Head), an important Ktunaxa leader through the latter half of the 19th century. Chief Michel (also spelled Michelle) is mentioned by Teit and Turney-High, and recalled in detail by Ktunaxa elders recorded by Schaeffer. Schaeffer records multiple versions, each differing slightly, of hunting buffalo east of the Rockies at a time when the Ktunaxa were decimated by an outbreak of smallpox or other illness. In the late 1960s, Chief Ambrose Gravelle provides a detailed oral history of the qakawakanmiǂuqnik or Michelle Prairie village, contracting smallpox when a group of Ktunaxa warriors returned home from a raid east of the Rockies. On the advice of an old woman who had
December 2014 C3-3 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application dreamt of the disease, the qakawakanmiǂuqnik moved east onto the plains to avoid spreading the disease to other Ktunaxa communities. Only a handful of qakawakanmiǂuqnik survived and returned to their kin west of the Rockies. One of those survivors (Kanukǂuǂlam or Whitehead32) returned to the area of qakawakanmiǂuqnik and Columbia Lakes. Some years later, Chief Michel married the daughter of Whitehead and became the leader of the Michel Prairie people and continued Ktunaxa occupation and control of qakawakanmituk and the Elk Valley.
Surviving citizens dispersed to other Ktunaxa communities, but regular Ktunaxa occupancy was maintained in the Elk Valley through the 20th century to present. While it is clear that other indigenous peoples from east of the Rockies, including the Piikani (Blackfoot), and Nakoda (Stoney or Assiniboine), occasionally visited the Elk Valley for war or trade with the Ktunaxa through the early 1900’s, and at times hunted or harvested resources west of the Rockies, there is no evidence that Ktunaxa authority over the Elk Valley was successfully challenged.
Other important Ktunaxa seasonal settlements were at Whiteswan Lake (Kaʔintak), west of the Project area. Ktunaxa knowledge holders also reported that there were important camping or settlement locations at Grave Prairie, Round Prairie, near Elkford, as well as elsewhere along the Elk River. As wage labour in the mining or forestry industry became more important to Ktunaxa livelihood, Ktunaxa families lived in work camps and other centres in the valley, but also maintained rights-based subsistence practices.
C3.2.1 Ktunaxa Use and the Seasonal Round in Qukin ʔamakʔis and Adjacent Areas
The k̓ aqawakanmituk are discussed in Ktunaxa oral histories documented in Schaeffer’s field notes (1935-37, and 1960s) as relying on a seasonal round that included regular bison hunts east of the Rockies, as well as residence, agriculture and harvesting in the Elk Valley and nearby areas. The annual round included hunting for sheep, deer, elk and goat, as well as other species in the Elk Valley and adjacent valleys, fishing for cutthroat trout and other fish in streams and lakes, fishing salmon at Columbia Lakes and along the Columbia River drainage and mariah or ling in winter in the area of Tobacco Plains (Schaefer 1935, Turney-High 1941). In summer, tobacco was cultivated at k̓ aqawakanmituk (Michel Prairie) in the Elk Valley. Bison were hunted along the sheltered eastern slopes of the Rockies in the winter season (Schaeffer 1935, 1964), or farther afield on the plains in the summer. Numerous sources (e.g., Schaeffer 1935, Turney-High 1941, and 2012 use and occupancy mapping), as well as archaeological evidence, suggests that mineral resources, including coal and stone tool material, were traditionally mined in the valley. Beyond habitation, cultural use, hunting, trapping, fishing and gathering of plants, mining of mineral sources in the Elk Valley is recorded by Turney-High, as is a Kutenai preference for sub- surface mining rather than surface collection:
The flint quarry near Missoula was mentioned in connection with arrow points. The Upper Kutenai also use one in Canada near Fernie which they said was better. All informants in both subcultures (Upper and Lower Kutenai) say that flint work is the oldest and best known Kutenai art… The
32 In Ktunaxa, this is also a reference to bald eagle.
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Kutenai preferred going to the quarries and digging for their flint claiming that surface flint was too brittle to work well... (Turney-High 1941: 88)
As recorded by Schaeffer in field notes taken in the late 1960’s, Chief Ambrose Gravelle confirmed Ktunaxa mining and use of coal from the Elk Valley as a resource used by Ktunaxa to reliably transport fire in pre-contact times, especially for Ktunaxa peoples travelling east of the Rockies33:
The Kutenai used to collect coal at Coal Creek and use a piece to keep as a hot coal. They would keep a piece of heated coal in clam shells between camp sites and use it to start the fire. Mr. Fernie found a pile of coal at the Indian camp site and located the main vein on Coal Creek and claimed it. It was found and piled up by Mrs. Pierre Numa rather than by Chief David’s wife (tale was that Mrs. David wore coal on her necklace)… (Interview recorded July 15, 1969, M1100 File #160, Book 5, File Folder 4, Box 17, folio page 2).
Other work by Schaeffer, as well as archaeological work on quarries in the east and west Kootenays and trade routes for mined material extending through adjacent regions, reinforces the importance of Ktunaxa mining as critical to Ktunaxa subsistence, trade and economy.
Travel to the east side of the Rockies by various mountain passes, including Tornado Pass, Fording Pass, and the Crow’s Nest Pass, continued until bison populations were decimated on the northern plains in the late 19th century. Salmon remained a critical resource for Upper Ktunaxa along the Columbia drainage until the construction of the Grand Coulee Dam in Washington State in the late 1930s made it impossible for salmon to return to the upper Columbia.
But we used to always go to Buffalo two or three times a year and so there's, there's mountain passes getting through to go to Buffalo. And I think those are really important, those are important to me because that's, that's part of my aboriginal territory. Those are part of the lands that we were never, we were never consulted on …. The trails are important because that's our network. … You look at the archaeological record, you see sites here, sites there, sites here, but there's nothing really connecting them. They're all connected and it's those trails that connect them. (A01 2012).
33 It is interesting to note that one of the unique features of the 19th century qakawakanmiǂuqnik (Michel Prairie) and Tobacco Plains seasonal round was a regular winter bison hunt on the eastern slopes of the Rockies using snow shoes, as well as summer hunts (Schaeffer 1964). Schaeffer (M1100 File 80) notes that, “the Michel Prairie and Tobacco Plains Kootenay, before horses were introduced, only went on buffalo hunt in winter on snowshoes” (M1100 File 80). The ability of Ktunaxa peoples to harvest and use coal from the Elk Valley in order to maintain a reliable source of fire and heat, as described by Chief Ambrose, was likely an important part of the Ktunaxa ability to safely travel difficult mountain passes in winter in order to hunt bison.
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Figure C3.2-1 Sample Image of Schaeffer’s Handwritten Notes (Glenbow Archives, M1100, File 80)
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The Michel Prairie people maintained a traditional seasonal round, including bison hunting on the eastern slopes of the Rockies, until at least the 1880s. When the bison became too scarce, the Michel Prairie people, as well as other Upper Ktunaxa, relied more heavily on resources including fish, elk, berries and deer in the Elk Valley and elsewhere in the valleys west of the Rockies, including the area of Columbia Lakes. An image from Schaeffer’s handwritten notes is provided in Figure 3.2-1 to provide a sense of the source material. While the associated ‘Fernie Sheet’ noted in Figure C3.2-1 could not be located, Schaeffer’s notes indicate a series of at least seven named Ktunaxa campsites along a trail system running from the White River, north of Whiteswan Lake and within the area of qukin ʔamakʔis, and extending through the area of Round Prairie on the Elk River, south to the main village site at Michel Prairie and east towards important camp and sacred areas in the area of Crowsnest Lake, Alberta. Beginning at Whiteswan Lake, Schaeffer’s notes indicate:
A camp site of Michel Prairie Kutenai. The Kutenai camped here near the flint quarry used as material for tools. Name for White River was Kanukǂunmituk34 (White River). Across the divide east from White River to head of Bull River was named akaǂsimuq… The trail there runs east across another divide into Crossing Creek and east to Round Prairie. Kekankokaǂmokǂe’et, “round prairie” and then south down Elk River to a large campsite. Yakamumts’ikukwi, “water smells” refers to some sulphur springs between Round Prairie and the junction of the Fording River with the Elk River. The next camp site south, aki’ǂ∂mkiǂa’ko, “where hides are stretched for tanning.” This was a prairie about 15 miles northeast of Natal. This was a good hunting area in fall for elk, moose, sheep and deer, and also where the Michel Prairie Kutenai could conceal themselves from the Assiniboine Indians. Kakawakamiǂu, “water running from the side into a main stream.” This was the main camp site of the Tunaxa35 located at a prairie south of the junction of Michel Creek and Elk River. The south side of the Prairie is now occupied by the Sparwood Elementary School36. The site was occupied mostly in winter to escape the blizzards of the eastern foothills. Tobacco was planted here in Spring and was cared for by a few people who lived here throughout the year. The Michel Prairie Kutenai were more numerous than any of the other Kutenai groups… An unnamed overnight camp site located on Antiste (“Andy”) Creek…which flows into Michel Creek… Kiǂwiaki akin∂we [second word unclear], “heart of the water.” A campsite at eastern end of Crowsnest Lake. The first buffalo stragglers (“mangy bulls”, Kakqaǂka) were encountered here but often passed over in favour of younger cows. The trail now ran on the north side of Crowsnest River until it crossed to south side east of Blairmore, and then re-crossed to the
34 Underlined Ktunaxa words are based on the original spellings in source documents and are not standard Ktunaxa spellings approved by Ktunaxa language specialists. 35 Tunaxa is the term used in some ethnographic literature for the plains Ktunaxa. 36 This is a direct quote from Schaeffer’s notes – while the notes are not dated, they appear to be from Schaeffer’s last field trip to the area and were likely written in 1967 or shortly after. Additional work would be needed to identify exactly where Schaeffer refers to. Sparwood was formed in 1966 as part of the relocation of the communities of Michel and Natal.
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north side at Frank. Name may be derived from fact that river boils out of a cave in the solid rock. There are petroglyphs in the cave… (Schaeffer, date unknown, M1100, File 80).
Beyond Schaeffer, Turney-High and the broader ethnographic record, Ktunaxa oral histories and ongoing land uses indicate that Ktunaxa citizens have relied on, and to the extent possible, continue to rely on, the Elk and Fording River valleys for a range of practices including the harvesting of fish, plant, wildlife, and mineral resources, trails and transportation routes, and associated camps, cultural areas, and practices.
C3.2.2 Current Ktunaxa Use and Occupancy
While impacts to Ktunaxa rights through land privatization, railway development, coal-related industrial development, and government policy (particularly provincial mining and hunting regulations) have been widespread in the Elk Valley, Ktunaxa elders and land users continue to actively use and occupy the valley and surrounding mountains as a location for the practice of Aboriginal rights. Land use and occupancy interviews conducted between 2010 and 2013 (see methods in C1 above) reinforce the data from the KNC Diet Study and indicate that while Ktunaxa use of the Elk Valley is impaired by industrial footprints and concerns regarding contaminants, the Elk Valley continues to be widely valued and used by Ktunaxa citizens.
Figure C3.2-2 shows the spatial distribution of site-specific knowledge and use values reported by Ktunaxa citizens through Elk Valley interviews based on five broad categories of use37. A total of 224 site-specific values were mapped within the regional study area. The data show the range and wide geographic extent of Ktunaxa practice in the Elk Valley and nearby areas based on the living knowledge and practice of today’s Ktunaxa citizens. Downstream portions of the RSA, including Koocanusa Reservoir, are also of particular importance. Specific traditional use activities reported by Ktunaxa knowledge holders within the RSA for FRO Swift include:
79 subsistence sites, including kill sites for large and small game including black bear, cougar, moose, elk, mule deer, white-tailed deer, mountain goat, cougar and sheep as well as other species, and including fur trapping. There are also numerous recorded fishing sites for fish species including bulltrout, cutthroat trout, rainbow trout within the main stream of the Elk River and adjacent streams, as well as burbot (also called ling or mariah), kokanee, whitefish, and fresh water mussels and other species in the lower reaches of the Elk River and Koocanusa Reservoir. The winter harvest of burbot is of particular cultural importance to the winter seasonal round (Schaeffer 1935). Other important subsistence values in the RSA include important huckleberry picking areas and water use. Ktunaxa citizens hunt large and small game in the Elk Valley in all seasons, but most commonly in summer and fall, with access generally by road, horse, or foot trail; hunting is conducted by small hunting parties. Though past Ktunaxa fishing practices included net and weir, current fishing is generally by hook and line from shore or under ice. As indicated in the Ktunaxa Diet Study, the most
37 To account for margin of error and to protect confidential information, all Ktunaxa data were randomized and buffered. Points were randomized by 250 m, and then 1 km buffers were generated around all points, lines, and polygons.
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commonly sought after food plants in the Elk Valley are berries, and especially black huckleberries. 60 Ceremonial and cultural / spiritual uses, including the harvesting of a wide range of sometimes rare or hard-to-find plants for medicinal purposes, mining various rocks and minerals for pipestone and other uses, harvesting bark for canoe construction, sacred areas, rock art sites, areas associated with the historic planting and cultivation of plants including indigenous forms of tobacco, and teaching areas critical for the transmission of particular place-based oral histories and specific forms of Ktunaxa knowledge and practice. The Elk Valley includes multiple locations associated with Ktunaxa burials, ceremonial areas, rock art sites, and archaeological values. Several of these locations are known by Ktunaxa knowledge holders, and accounts from the ethnographic record and from oral histories indicate a strong continuity of Ktunaxa cultural and ceremonial use in the valley extending from prehistoric times to the present. 16 transportation features, including a network of trails, passes, and preferred river-based (canoe and boat) routes that extend up the Elk Valley and along the Elk and Fording Rivers extending to passes to the north and west. These passes were also used by groups from the east of the Rockies visiting Ktunaxa Territory, with the Elk Valley providing an important location for trade and interaction between Ktunaxa and groups including the Stoney (Nakoda) and Piikani (Peigan) of the Blackfoot Confederacy. Large portions of trails are still in use where they have not been intersected by road networks, including hunting trails along the eastern slopes, and major east-west trails that are used for Ktunaxa culture camps and for training and educating youth. The use of boat-accessed water routes is most common in the lower Elk near where it joins Koocanusa. 46 habitation values, including permanent cabins and frequently used campsites, as well as ancestral village areas or gathering places including areas near present-day Sparwood, Round Prairie, Elko, Mt. Broadwood, and elsewhere. Several Ktunaxa families currently live in the Elk Valley at Fernie, Elko, and elsewhere. 43 environmental features, including exceptional habitat areas for black bear, grizzly bear, cougar, moose, elk, mule deer, white tail deer and rabbit, as well as salt licks used by elk and other large mammals and important fish spawning areas.
As shown in Figure C3.2-3, despite the existing disturbance within the area of the Project from the Fording River open pit mine, 12 site-specific values were reported within the Project LSA (within 5 km of the footprint). All mapped values are based on Ktunaxa use and occupancy reported in Project-specific interviews.
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Figure C3.2-2 Reported Ktunaxa Site-Specific Values within the FRO Swift Project RSA by Activity Class
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Figure C3.2-3 Reported Ktunaxa Site-Specific Values within the FRO Swift Project LSA
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Specific traditional use activities and environmental features reported by Ktunaxa knowledge holders within the LSA for FRO Swift include:
Exceptional habitat areas identified with black bear, grizzly bear, sheep, moose, elk, mule deer, white tail deer and rabbit, especially east of the Project area into upstream portions of the Henretta, Kilmarnock and Fording drainages. Sheep wintering areas identified along the north-south ridge of the Greenhills Range immediately west of the Project. A network of traditional trails used by Ktunaxa citizens to get from the area of Monroe Lake (west of the Elk Valley) to the Elk River valley, and extending along the Fording River and up Kilmarnock and Henretta. A regularly used camp and series of elk and deer kill sites along Chauncey Creek (east of the Project). Areas where collection of berries and moose antlers were reported near an archaeological site reported by a Ktunaxa land user.
In addition to the site-specific values mapped by Ktunaxa knowledge holders and based on Ktunaxa oral histories, non-site specific values include reported Ktunaxa cultural properties or heritage sites in the vicinity of the Project including:
A trail corridor running along Britt Creek and through the proposed Project area and connecting the Elk River Valley to the Fording River and upstream areas and passes. Interview participants mapped portions of the trail network they were personally familiar with. Other portions, including routes east of the Rockies, were not mapped. Non-site specific values associated with oral histories of the Elk Valley, including the creation of the Rocky Mountains themselves from the body of Naǂmuq¢in, the giant hero being known through the Ktunaxa creation story.
Table C3.2-1 provides a summary of reported values within the Project LSA and RSA.
Table C3.2-1 Reported Ktunaxa Site-Specific Values within the LSA and RSA Activity class type Number within LSA Number within RSA Environmental features 4 43 Transportation 3 16 Habitation 1 46 Subsistence 2 79 Cultural / Spiritual 2 60 Total 12 244
C3.2.2.1 Existing impacts and Ktunaxa Experience with Past Mining Effects Several Ktunaxa participants identified important physical and cultural barriers to Ktunaxa use of the upper Elk and Fording Valleys due to impacts related to the coal industry, including contaminants, traffic, disturbance and noise (blasting) from mining, and both active and passive discouragement of Ktunaxa hunting in the valley, particularly in the past. Thus, while some
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Ktunaxa citizens continue to hunt and practice subsistence rights in the upper Fording area, the majority of land users indicated that their parents’ generation used the Elk and Fording Valleys regularly but they are less familiar with the upper Fording Valley due to the intensity of industrial development, the difficulty of accessing areas through existing mines 38 , concerns regarding water- and wind-born pollutants from coal mines, and a general sense of “not feeling welcome” because of a history of Crown-assisted industrial alienation associated with the mining industry.
Ktunaxa knowledge holders draw on a long history of experience with coal mines in the Elk and Fording Valleys, as well as elsewhere on Ktunaxa lands. These include experience of slope failures, rivers contaminated by mine tailings, and observed changes in fish abundance and quality, including reported deformities and expressed concern regarding contamination of fish caught in the Elk River. Existing impairment of Ktunaxa use suggests that cumulative effects in the Fording and portions of the Elk Valley affected by mining have already exceeded a threshold of significant and adverse effect on Ktunaxa use and that existing coal mine development is a major contributing factor. The duration of this impaired use is already in excess of one generation and is widespread in the Ktunaxa community; this means that a large body of cultural knowledge that is currently held by a small number of Ktunaxa knowledge holders and related to the upper Fording Valley and portions of the Elk Valley is at risk of being lost unless Ktunaxa use and occupancy in the region can be supported and revitalized.
Are they ever going to stop or are they just looking to take the whole valley? Like I’d like to see the top end of the Elk Valley at least preserved and kept to somewhat a natural state so that it gives us a chance to go up there and utilize the land again. T12 July 2012
The issue of impaired access in the area of the Project is compounded by access concerns elsewhere within the RSA and broader region:
You go up there now, you drive up there, there’s gates, you can’t get through there, like my son, the last time he wanted to go up there, [he] didn’t know where the key was so he couldn’t even go up there. And you come in from the other way, same thing, we used to go up there and pick berries and go up the Wigwam that way, now we go there and there’s gates all over ... we can’t go in there anymore to pick berries or fish or do anything. T06 August 2010
C3.2.3 Future Ktunaxa relationship with and knowledge of land and water
As a valued component, future Ktunaxa relationship with and knowledge of land and water includes the ability of Ktunaxa citizens to maintain cultural relationships and realize plans for cultural and linguistic revitalization, including future relationships with the upper Elk and Fording valley that repair ecological and cultural impacts that have occurred over the past century, and
38 Based on interviews, Ktunaxa land users indicated that in order to hunt or practice rights in the upper Fording, Henretta, and adjacent drainages, they need to travel through the operating FRO mine footprint. While it was possible to arrange permissions and escort through the mine, and it may now be possible to detour around the mine footprint, access and connectivity was reported to be an important barrier to Ktunaxa use.
December 2014 C3-13 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application that support maintenance and reclamation of Ktunaxa relationships with, and knowledge of, the Elk and Fording valley cultural landscape by future generations of Ktunaxa citizens.
C3.2.3.1 Current Ktunaxa Harvesting in the Elk Valley The results of the 2012 – 2013 Ktunaxa Diet Study indicate that, despite industrial change, use of the Elk Valley and Koocanusa Reservoir by Ktunaxa is continuous and ongoing, for harvest of a range of traditional foods39 and for the practice of subsistence rights including hunting, fishing and plant food collection. The study was conducted by KNC and the Firelight Group (Fediuck et. al. 2013) using diet surveys conducted with a random sample of on- and off-reserve Ktunaxa households. Ninety-two households participated and 98 individuals completed surveys. Just over half of the households randomly selected were in the Cranbrook area, with the remainder living in the Grasmere, Creston and Columbia Valley areas. Of these households, almost 70 per cent indicated that they harvested berries; almost 60 per cent indicated that they fished, and more than 50 per cent indicated that they hunt. Participants were asked to list the last year that they had harvested in the Elk Valley and Koocanusa Reservoir along with the kinds of foods harvested. Thirty per cent of the sampled households reported that they had harvested in the Elk Valley and Koocanusa Reservoir areas. The range of species reported harvested in each area is provided in Table 2 below. Respondents were also asked which areas they had relied on for harvesting over the last 10 years. 17 per cent of sampled households indicated that over the past 10 years they have harvested huckleberries in qukin ʔamakʔis either occasionally or every year, 9 per cent said they had harvested elk, and 8 per cent trout. Individuals who had never harvested or had not harvested recently were asked to describe their reasons for not harvesting in the area. This harvest information gives a general sense of the current relative intensity of harvesting (although not the cultural importance) of different foods harvested by Ktunaxa citizens from the Elk Valley and Koocanusa Reservoir. It is important to note that none of the Ktunaxa households residing in the Elk Valley were part of the random sample used for this study.
39 The list of traditional foods harvested in the Elk Valley and Koocanusa Reservoir reflects the sampled households only. Less frequently harvested but potentially important foods, including mountain sheep, goat, and cougar, are known from other studies but were not reported by the households represented in the Diet Study as harvested in the Elk Valley or Koocanusa Reservoir areas.
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Table C3.2-2 Ktunaxa foods harvested in the Elk Valley and Koocanusa Reservoir40 Sampled Ktunaxa households that reported ever harvesting in Elk Types of foods harvested Valley and Koocanusa Reservoir areas Elk Valley (n=28) Koocanusa Reservoir (n=32) Elk 29% (8) 31% (10) Deer 25% (7) 28% (9) Trout 29% (8) 68% (19) Burbot 3% (1) 34% (11) Huckleberries 71% (20) 18% (5) Kokanee 0 21% (6) Ayute 7% (2) 3% (1) Bitterroot 3% (1) - Moose 3% (1) - Saskatoons 3% (1) - Shaggy Mane Mushrooms 3% (1) - Grouse - 3% (1) Strawberries 7% (2) 3% (1) Thimbleberries - 3% (1) Soapberries 3% (1) 3% (1)
C3.3 Traditional Knowledge and Language: Project Effects, Mitigation and Significance
This section outlines the anticipated effects of the Project, recommended mitigations and actions, residual effects, and determination of significance for valued components associated with the Ktunaxa traditional knowledge and language sector.
Assessment of Project effects is based on methods outlined in Section C1. Major impact pathways from the Project relevant to Ktunaxa Traditional Knowledge and Language are shown in Figure C3.3-1; these are based on Ktunaxa knowledge, and on the Project absent additional Ktunaxa mitigations recommended below and in Section C10.
40 From a Firelight Technical Memorandum by Fediuck et. al. 2013 entitled Final Results of the Ktunaxa Diet Study Prepared for Ktunaxa Nation Council, dated October 25, 2013.
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Figure C3.3-1 Traditional Knowledge and Language Sector Project Effects Absent Mitigation (C10)
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Without additional Ktunaxa mitigation, adverse Project impacts relevant to the Ktunaxa Traditional Knowledge and Language sector, including use and occupancy, would occur during construction, operations, and during reclamation and closure. Impacts during construction and operation would be most severe and last between twenty and twenty-five years. Impacts would result from adverse and some positive social and economic effects (see sections C4.1 and C4.2), as well as adverse impacts to Ktunaxa lands and resources, including increased footprint and sensory disturbance and Project contribution of contaminants such as dust, selenium, and other metal contaminants within the LSA and extending downstream along the Fording and Elk Rivers within the RSA including Koocanusa Reservoir. The Project would result in some positive effect on Ktunaxa knowledge and use in the LSA and RSA resulting from increased incomes and increased time spent in the Fording valley for a small number of Ktunaxa citizens who find employment as a result of the Project, but the Project would likely have an overall negative effect on traditional use of lands and resources by Ktunaxa citizens as a result of disturbance of habitat and increased or maintained contaminant and disturbance levels likely to result in:
Ongoing impairment of Ktunaxa sense of place and relationships to water, mountains and the natural world within the LSA and downstream within the RSA. Ongoing mining activity in the upper Fording will result in Ktunaxa knowledge holders’ ongoing concern (see C3.2.2.1 and C7) regarding contaminant risk and reduced quality of fish and aquatic resources. As discussed in C2, there is uncertainty regarding potential effects of the Project on the quantity of fish and aquatic resources downstream within the RSA. Resulting erosion of practice of traditional use, knowledge, language and values in the LSA and downstream within the RSA. Impairment of the ability of Ktunaxa citizens to maintain particular place-based Ktunaxa knowledge and values, such as those related to trail networks and the oral history of adjacent passes, in the area of the LSA and downstream within the RSA.
C3.3.1 Intangible Cultural Resources: Language and Place-specific Ktunaxa knowledge
The Ktunaxa language is critically endangered. Impacts on Ktunaxa language and place-specific knowledge in the Elk Valley are partly due to industrial displacement of Ktunaxa practice, and have resulted in measurable and perceivable adverse changes in culturally important place- based knowledge and language that are of concern to Ktunaxa citizens. As such, impacts on Ktunaxa intangible cultural resources in the LSA and RSA are already past a threshold of significant and adverse effect on intangible cultural resources. Additional negative pressure from the Project would increase the severity of existing significant adverse effects on intangible cultural resources.
Without mitigations outlined in C10, the Project is likely to result in a continued absence of Ktunaxa language and place names in day to day Teck operations, a continued trend of decline in the presence and visibility of the Ktunaxa language in the Elk Valley, reduced opportunities for
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Ktunaxa recommended measures and mitigations relevant to the valued component of intangible cultural resources are detailed in Section C10 and summarized below:
C10.11: Prior to EA certification, Teck will make best efforts to collaboratively develop with KNC an FRO Swift cultural management plan for implementation during construction, operations, closure and reclamation. C10.13: Prior to construction, Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program to provide information and support confidence in wild foods from the Elk Valley. C10.17: Within 6 months of the issuance of the EA certificate, and as part of the Cultural Management Plan, Teck will make best efforts to collaboratively establish with the KNC a Teck-KNC Access Working Group. C10.23: Prior to EA certification, Teck will work with KNC Lands and Resources to develop a Ktunaxa Use Management Plan, as part of the Ktunaxa language and culture management plan, for the Fording River operations, or as a stand-alone document. C10.25: Prior to Project construction, and as part of the Ktunaxa cultural management plan for the Fording River operations, or as a stand-alone document, Teck will work with KNC Lands and Resources to identify the nature and extent of trail corridors and associated passes in the area of Britt Creek and extending to the eastern slopes of the Rockies, and including areas historically disturbed by existing infrastructure (including rail link and access road) that will continue to be used by the Project. This work will include, where appropriate, rehabilitation of trails, marking of trail sections interrupted by disturbance, and additional archival or oral historical research regarding them.
C3.3.2 Tangible Cultural Resources: Cultural Areas and Properties
The ability of Ktunaxa citizens to use and rely on cultural areas and properties in the LSA and RSA, including availability of preferred species and resources at preferred traditional use locations, has been impaired by industrial displacement. These changes have resulted in measurable and perceivable adverse impacts on culturally important locations and tangible resources that are of concern to Ktunaxa citizens. As such, impacts in the LSA and RSA on Ktunaxa cultural resources are considered already significant and adverse. Additional negative pressure from the Project would increase the severity and extent of existing significant adverse effects.
Without mitigations outlined in C10, the Project is anticipated to remove or impair areas of high value habitat identified by Ktunaxa knowledge holders (particularly for black bear, grizzly bear, moose, mule deer, white tail deer, sheep and rabbit, as well as culturally important plants – see Section C6) associated with site-specific and non-site specific, past, present, and planned future Ktunaxa hunting and subsistence practice. The Project would result in adverse impacts to the ability of Ktunaxa citizens to access preferred subsistence resources on or adjacent to mine
December 2014 C3-18 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application property, and in the upper Fording, Henretta, and adjacent watersheds. The Project would also further impact Ktunaxa cultural areas and properties including disturbing sense of place associated with historic foot and horse trails within the Project footprint, and extending the duration of impaired connectivity between existing trails in the LSA.
Ktunaxa recommended measures and mitigations relevant to the valued component of tangible cultural resources are detailed in Section C10. Relevant mitigations to tangible cultural resources include many of those summarized above, as well as:
C10.13: Cultural Properties Protection. C10.15: Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve biodiversity and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for management action, anticipated project effects, and climate change in the Elk Valley. C10.16: Within five years, Teck and KNC will review existing programs and plans related to water stewardship and, if needed or appropriate, jointly develop a program to encourage a culture of water stewardship by employees within the Project work environment. C10.17: Reduce impacts from increased duration of road use and access as part of Closure Plan C10.18: Support for further Ktunaxa research, documentation, and communication regarding past, present, and future Ktunaxa use and occupation of the upper Fording Valley, or downstream. This work will be designed for inclusion in reclamation planning and establishing reclamation objectives to support opportunities for long-term future viability of the area for Ktunaxa cultural use.
C3.3.3 Future Ktunaxa Relationship With and Knowledge of the Land (and water)
The ability of Ktunaxa citizens to maintain relationships with lands and waters in the Elk Valley, including fulfillment of stewardship obligations, is currently impaired by industrial displacement. Industrial changes and lack of recognition of Ktunaxa stewardship has resulted in erosion of Ktunaxa governance and measurable and perceivable adverse impacts on culturally important rights and practices that are of concern to Ktunaxa citizens. As such, impacts within the LSA and RSA on the valued component of future Ktunaxa relationship with, and knowledge of, land and water have already surpassed a threshold of significant and adverse effect. Additional negative pressure from the Project would increase the severity and extent of existing significant adverse effects.
The Project would increase the overall footprint of coal mining in the LSA and RSA, would extend the duration and extent of operations, and would result in continued or increased industrial alienation, loss of Ktunaxa use and occupancy in the Elk Valley, and a resulting decline in the Ktunaxa relationship with, and knowledge of, lands and waters in the Elk Valley and quqin ʔamakʔis.
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Ktunaxa measures and mitigations relevant to the valued component of Future Ktunaxa Relationship are detailed in Section C10. Relevant mitigations to impacts on Future Ktunaxa Relationship include many of those summarized above, as well as:
C10.29: Prior to EA certification, Teck will work with KNC to confirm end land use planning objectives for the Project for consideration within the Reclamation Plan. Following certification, Teck will work with KNC to confirm short to mid-term, or ongoing land use planning objectives, for consideration within Project construction and operations planning. C10.30: Support recognition of Ktunaxa stewardship and governance in the Elk Valley by confirming Teck support, through a letter or other document, for government-to-government revenue sharing and, where appropriate, bilateral or harmonized policy development, between Ktunaxa and Provincial or federal crowns. C10.32: Within six months of EA certification, and through IMBA or other agreements, Teck will provide funds for Ktunaxa to confirm Teck compliance with management plans and Ktunaxa community based monitoring for quality assurance regarding other guidelines or standards. C10.33: Following EA certification, Teck will undertake to provide the KNC with an annual report on March 31 of each year during construction, operations, closure and reclamation regarding implementation of EA conditions, or other commitments made through IMBA or other formal or informal arrangements with KNC.
C3.4 Traditional Knowledge and Language Sector: Characterization of Residual Project Effects
Based on reported Ktunaxa knowledge, existing information regarding the Project, based on the context of existing baseline impacts to land, water and Ktunaxa use of the Elk Valley, and assuming full mitigations identified in C10, the Project is considered likely to contribute further measurable or perceivable residual adverse effects on all three valued components related to the Ktunaxa KNC Traditional Knowledge and Language Sector. The Project would increase the spatial extent and extend the duration of impacts to Ktunaxa use and knowledge, including impacts to tangible and intangible cultural resources in the LSA and extending downstream of the Project within the RSA. Downstream effects are anticipated as a result of Project related increases in contaminant risk perceived by Ktunaxa land and water users, anticipated impacts on fish and aquatic health, and likely resulting declines in Ktunaxa use, including fishing and cultural use, and impairment of the practice of Ktunaxa rights in the Elk valley and Koocanusa Reservoir. While the recommended mitigations and measures would support Ktunaxa citizens to cope with impacts, Project effects on the TKL VCs will remain measurable, perceivable and generally adverse.
The Project is predicted to contribute to already observed and perceived contamination in the LSA and RSA, and further reduce Ktunaxa confidence in water quality and wild foods around the footprint and extending downstream. This loss of confidence is likely to result in reduced or lost use of preferred harvesting areas, especially downstream of the Project, and a corresponding reduction in use and transmission of Ktunaxa place-based knowledge specific to the LSA and
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RSA, which would then likely reinforce the impaired use and result in cascading effects. The Project is considered likely to result in reduced confidence and consumption of wild foods from the LSA and RSA, including burbot, trout, and other resources, by Ktunaxa citizens.
Because of existing impacts, the sensitivity or vulnerability of Ktunaxa tangible and intangible cultural resources and future relationship with lands and waters is considered to be high. The cultural importance of trails, subsistence resources, and cultural places in the LSA and RSA including downstream values is also high, therefore the magnitude of effect is considered high. Effects would be continuous through construction and operations and will extend into the RSA, and especially downstream portions of the RSA. Duration of effect on use and knowledge is expected to be greater than 20 years and a condition similar to baseline is unlikely to be achieved after that time, thereby interrupting multiple generations of Ktunaxa use and knowledge. This effect is anticipated with a high degree of confidence.
Table C3.3-1 TKL Sector Characterization of Residual Project Effects extent Valued Context/ Duration Direction Magnitude Frequency Probability Confidence Geographic Geographic components Reversibility
vulnerable/ Intangible Cultural Moderate LSA and Permanent negative continuous no likely medium Resources to High RSA (>1 generation) confidence vulnerable/ Tangible Cultural Moderate LSA and Permanent negative continuous no likely medium Resources to High RSA (>1 generation) confidence Future Ktunaxa vulnerable/ LSA and Permanent Relationships with High negative continuous no likely medium RSA (>1 generation) Land (and Water) confidence
C3.5 Traditional Knowledge and Language Sector: Significance of Residual Effects
The Project is anticipated to result in changes in the environment that result in measurable and perceivable adverse impacts on culturally important rights and practices that are of concern to Ktunaxa citizens. Considering the already significantly impacted context within which Project impacts will take place, and absent expressed Ktunaxa free, prior and informed consent, the residual effects of the Project on Ktunaxa rights and interests related to the TKL sector, including tangible and intangible cultural resources and relationship to lands and waters are anticipated to be adverse and significant. If the Project is built, Ktunaxa citizens will be less likely to hunt, fish, visit, and practice rights in areas near the Project and downstream along the Fording and Elk Rivers. Practices reliant on fish and fishing downstream of the Project, including Koocanusa Reservoir, are likely to be particularly impacted. This significance evaluation assumes the most sensitive Ktunaxa user or receptor, is based on post-mitigation residual effect, and is made with medium confidence.
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C4 KTUNAXA RIGHTS: ECONOMIC SECTOR
This section summarizes current understandings of Ktunaxa rights and interests (see Section C1) that have the potential to be affected by the Project, for better (benefits) or worse (adverse effects). The section is structured with an initial economic baseline followed by project effects, mitigations and residual effects broken down in four areas: education and training; employment; business development; and rights based and future economy.
For the purpose of this section, four measures or indicators related to economic issues were identified by the KNC:
training and education; jobs/employment; business development; and Ktunaxa rights-based economy (including commercial rights and subsistence rights) (these are addressed primarily in C3).41
Each of these VCs is described below in more detail.
The KNC’s overarching vision related to the economic sector is: “As a nation we have a self- sufficient and sustainable economy that meets our economic needs and provides for all citizens to make a meaningful livelihood, while remaining grounded in our land and values” (Ktunaxa 2011).
The mission is: “To cultivate a healthy, self-sufficient Ktunaxa economy; along with communities, partners and neighbours, we achieve sustainable growth and equitable development through equitable access to economic resources and opportunities, while respecting Ktunaxa land, culture and values” (Ktunaxa 2011).
Specific goals related to the Economic sector include:
that Ktunaxa citizens should enjoy a standard of living comparable to that of the non-Aboriginal population living in the Ktunaxa territory; that conservation-oriented economic development is of particular importance; that there should be more home community-based jobs and an economic future with less outmigration where the population in core Ktunaxa communities is rebuilt;
41 See Section C1 for further discussion of Ktunaxa rights and interests. The Ktunaxa Nation takes a broad view of their rights, including subsistence, commercial and governance rights. Commercial rights include rights to harvest, sell and trade resources including, but not limited to, fur, meat, fish, and minerals in ways consistent with Ktunaxa traditional law.
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that there should be increased KNC participation in the employment and economic aspects of development within the Ktunaxa traditional territory, including: Maximizing the engagement of the comparatively young Ktunaxa demographic in Teck’s workforce and succession planning; Increasing Ktunaxa engagement in Teck employment and business activities.
The establishment of the reserve system, among other systemic factors, created an unequal playing field for the non-Aboriginal and Aboriginal populations in the region. This has historically translated into unequal access for Ktunaxa citizens to employment and procurement. This section will illustrate the limited though incrementally improving success of efforts to date to achieve higher Ktunaxa employment and procurement. Consequently, though employment and procurement impacts and mitigations are important considerations in this EA, they are not the end goal. The primary Ktunaxa economic goal is: increasing the standard of living among Ktunaxa citizens to a level comparable to that of their non-Native neighbours. The Ktunaxa aim is, to the extent possible, and through a variety of mechanisms across the different indicators listed above as well as those in the social sector (Section C5) and other sectors, to focus the project benefits on this broader goal.
C4.1.1 Economic Baseline
C4.1.1.1 Baseline Ktunaxa Traditional and Preferred Future Economy The desired Ktunaxa traditional and preferred future economies are based on a balance between economic growth on the one hand and the protection of the land and Ktunaxa rights and livelihood on the other.
Ktunaxa traditional economy The traditional and rights-based economy is important not only for cultural reasons (see Section C3) but also for economic reasons. This applies to both the informal and formal economies. The informal economy of hunting, trapping and gathering is relied on for both food and economic security. The Ktunaxa Diet Study (Fediuk et al. 2013) indicates that harvesting traditional foods is a common practice within Ktunaxa households.42 The sharing economy is a key part of the traditional economy. The diet study also indicates that the sharing of traditional food between households is widespread.
Though the diet study did not include a direct assessment of economic security, community citizens have below-average incomes, many very low. According to the Ktunaxa Census, just over 50 per cent of Ktunaxa respondents (on and off reserve) made below $20,000 in 2009. In this context, it is evident that the harvesting and sharing of traditional food is critical to both the food and economic security of many Ktunaxa citizens. The importance of the traditional practices of harvesting for food and economic security, as well as for health, are discussed in more detail in Section C3.
42 Through a random sampling of KNC households eighty-two percent of households contacted (92 households) participated including ninety-eight individuals (59 women and 39 men).
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The traditional economy has historically also been very important as a formal economy for many citizens, creating employment and generating income for individuals and the community. Traditional Ktunaxa economic activities include guiding, fishing, and trapping, but also mining of mineral resources, including coal and other minerals (Candler 2014). Tourism is also an increasingly important economic activity with a long history in Ktunaxa communities (i.e., guiding and outfitting).
Ktunaxa preferred future economy The Ktunaxa Nation includes diverse perspectives. Stewardship values discussed in Section C1.7 are widely held, but are balanced by a desire for growth and development within the nation.
A series of workshops were held in 2007 (Ktunaxa Nation Council: 2007a) to identify the priorities of the Ktunaxa Nation. When asked to place their desired future social economy in relation to traditional lands on a spectrum, the majority of participating Ktunaxa Nation citizens responded by slightly weighing protection (stewardship, sustainable development) over economic growth. The results of the more recent 2009 Ktunaxa Census support these earlier findings. Ninety-one per cent of respondents in the 2009 Census felt that protecting the environment was as important, or more so, than promoting economic growth (Figure C4.1-1).
Figure C4.1-1 Ktunaxa Citizens’ Preferred Balance of Economy (2009) Ktunaxa citizens’ preferred balance between economic development and ecological protection (n=388) 2% 7% 12%
23%
56%
Growing the Ktunaxa economy should be the only consideration
Preserving the environment in its natural state should be the only consideration
Protecting the environment should be the most important, but not the only consideration Protecting the environment and developing the Ktunaxa economy should be given equal consideration Developing the Ktunaxa economy should be the most important, but not the only consideration
Source: 2009 KNC Census.
These data support the KLRA’s ‘balanced’ vision of development (C4.2) and the understanding that for the majority of Ktunaxa citizens, both protection and growth are important, but that when the two principles are in conflict, stewardship (land protection) should be treated as a priority over
December 2014 C4-3 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application economic growth (KLRA 2006). This same perspective is reflected in the KNC Economic Sector Vision Statement:
As a Nation, we have the self-sufficient and sustainable economy that meets our economic needs and provides opportunities for all citizens to make a meaningful livelihood, while remaining grounded in our land and values. (Ponte 2010)
In a series of draft and final policy documents, and as part of Nation rebuilding, the KNC has identified the following interests related to their preferred economic future, which includes a healthy rights-based subsistence economy:43
Sustainable economic development: Developing the Ktunaxa economy in ways that are consistent with the culture and values of the Nation (stewardship, environmental health, giving back to the land, taking only what is needed). Maximizing non-destructive jobs on the land and minimizing inherently destructive activities (e.g., non-renewable resource extraction), and where destructive activities are necessary or unavoidable, a clear transformation of irreplaceable natural capital (resources) into Ktunaxa financial and social capital. Economic self-sufficiency and development of business acumen among Ktunaxa citizens – An entrepreneurial spirit and work-based culture. Economic growth in Ktunaxa communities, including more community-based jobs and businesses and an economic future with reduced need to leave home communities and territories to find work. A land-based economy where Ktunaxa citizens can utilize all traditional lands with no to minimal constraints on access and where there are opportunities for traditional subsistence harvesting and knowledge transfer, now and into the future. Avoidance whenever possible of “futures foregone”: Economic activities that constrain the ability to practice others in the same area now or in the future (e.g., visibly scarring mining practices may reduce the value of lands for guiding, trapping, hunting or tourism). Impact equity: A re-balancing of benefits received by the Ktunaxa vs. non-Aboriginal people for activities on their ancestral lands, including fair distribution of resource revenues between levels of government with payment in recognition of Ktunaxa’s right to benefit from economic activities on its traditional lands. Balance of different economic activities: Diversification into a mixture of renewable (including tourism, forestry, energy, service provision, governance) and non- renewable (minerals, oil and gas) economic development initiatives. Employment in jobs that fulfill personal growth, are economically valuable, and also culturally appropriate: Employment that contributes positively to quality of life.
43 This analysis is drawn from the following documents as well as discussion with KNC staff and management: Ktunaxa Nation Council (2007b), Ktunaxa Nation Lands and Resources Agency (2006), Warden and Paradis (2003), and Ponte (2010).
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Lifelong education and training opportunities for individual Ktunaxa citizens to maximize their potential and benefit from long-term planning.
For the purposes of this assessment, these principles for a preferred Ktunaxa future economy form key elements against which future development, including the proposed Project and other Teck mines, can be evaluated. The proposed Project needs to be evaluated not only against its impact on current economic activity but also on the impact it will have on KNC’s planned future economic activity that aligns with these goals.
C4.1.1.2 Baseline demographic and economic characteristics Table C1.1-1 profiles some of the demographic characteristics of Aboriginal and non-Aboriginal Elk Valley communities.
The structure and character of the population in the RDEK has shifted dramatically since the mid- 1980s. The population has aged, as demonstrated by an increase of about 12 years in the median age by 2012 (BC Stats 2012). East Kootenay's population has become older than the provincial median; the median age in 2011 was 44.5 for the RDEK compared to 41.9 for BC (Statistics Canada 2013). The provincial government is projecting migration into the region with an increasing net inflow of migrants, but despite this the higher mortality rate from the aging population is expected to reduce the population growth rate, resulting in minimal growth over the next three decades (BC Stats 2012). The population will continue to age, adding 4.5 years to its median age by 2036. By that time, East Kootenay is projected to have over eight dependents for every 10 people of working age, with those aged 65 and older constituting two-thirds of dependents.
The Aboriginal population has a much younger and faster growing demographic profile than the general population of the province, with a higher birthrate.44 This will be an important counter- balance to the aging demographics in the region. However, the Ktunaxa Nation’s birth rate (for on reserve members) has dropped, and population growth trends have reversed in recent years (Statistics Canada, 2013) meaning that, if this holds true for the broader KNC population, the window for the large young demographic entering the workforce will narrow.
In 2011, Aboriginal people made up 6.7 per cent (3,780) of the RDEK’s population of about 56,685 – slightly higher than the provincial average of 5.3 per cent (Statistics Canada 2013). In the RDEK, 57 per cent (2,160) of the Aboriginal people were considered Metis, with an estimated 38 per cent (1,430) First Nations (Statistics Canada 2013). 45 The registered KNC population in 2012 was approximately 1,031, which represents 27 per cent of the RDEK Aboriginal population
44 According to Statistics Canada (2012), in 2011 the median age of the total Aboriginal population was 27.7 years, which was 13 years lower than the median age of non-Aboriginals at 40.6 years. 45 Any comparison of Aboriginal data across Census years must be treated with caution due to incompletely enumerated reserves and settlements. Also, in 2011 the National Household Survey (NHS) replaced the 2006 long-form census, further limiting data availability and reducing quality and comparability over time.
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(3,780) and approximately 2 per cent of the total RDE population (56,685) (Statistics Canada 2013).46
Many Ktunaxa citizens live off reserve. Factors leading to out-migration from Ktunaxa reserves include lack of on-reserve economic opportunities, persistent social issues, and inadequate quantity and quality of housing, schooling and health care.
As with most First Nations, Ktunaxa economic well-being lags behind that of non-Aboriginal Canadians. The 2009 Ktunaxa Census data indicates that the average Ktunaxa income was $24,380, with a median income of $17,987. BC median personal income in that year was $28,190 (Statistics Canada 2012). Though the median income in the RDEK is not available for 2009, in 2010 it was $31,361 (Statistics Canada 2013).47 Average and median incomes for the Ktunaxa at present appear to equate to about 15 to 20 years ago for average British Columbians, and Ktunaxa citizens are over-represented in low income and poverty. Just over 50 per cent of Ktunaxa census respondents made below $20,000 in 2009.
According to BC Statistics (2009a), the Ktunaxa have higher participation rates in the wage economy than the BC Aboriginal average. However, unemployment rates are higher as well. The 2009 Ktunaxa Census data indicate that only 51 per cent of working age (18 to 65) citizens were in paid employment (Phillips, 2010). Table C4.1-1 shows unemployment rates for the different bands and the population of the RDEK compared to the province-wide numbers. Unemployment is slightly lower in the RDEK than for the province in general, but the unemployment rate among the Ktunaxa bands is many times the regional rate, ranging from 13.3 to 28 per cent. These numbers will be higher if under-employment and seasonal work is included but accurate figures are not available.
Despite these unemployment rates, WorkBC (nd) is forecasting labour shortages and tight labour market conditions throughout the province including the Kootenay region, between 2010 and 2020. There will be 1.1 million job openings in British Columbia over the next decade, some 60% of which will be due to retirements. This labour market forecast projects that the RSA will have a higher demand than supply of labour for the foreseeable future.
Overall, Table C4.1-1 illustrates that community well-being indices for the Aboriginal population in the RDEK are substantially lower than those of non-Aboriginal population in the region (Ktunaxa 2010; BC Stats 2011).
46 Note, data is not available through Statistics Canada for non-registered members. Statistics Canada data is also limited to on reserve members. 47 This comparison uses median rather than mean incomes. The mean can be drawn up by a few higher earners and the median is a more accurate estimate of distribution of income.
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Table C4.1-1 Community Well-being Indices for the Aboriginal Population of the RDEK Comparative Baseline Conditions of Ktunaxa Nation Council Communities Population High school or Labour Force Unemployment Community Resident (on reserve) Registered Median Age less education, First Nation Participation Rate Rate 2011 well-being Population Population (on 2011 (2006) age > 15 years 2011 (2006) % (2006) % index 2006 and off reserve) 2011 (2006) % 2011 2006 2011 (2006)
ʔakink’umǂasnuqǂiʔit 193 46.2 70 28.6 80 (Tobacco Plains Band- 57 67 64 (173) (44.5) (54.5) (33.3) (58.3) TOBACCO PLAINS 2) ʔaq'am (St. Mary's Band- 364 28.5 80 25 73.3 104 159 67 KOOTENAY 1) (340) (32.2) (72) (22.2) (57.7) Yaqan nuʔkiy (Lower Kootenay 214 32.5 50 68.8 113 124 25 (n/d) 68 Band - CRESTON 1) (210) (26.5) (64.7) (58.8) ʔakisq'nuk (Columbia Lake 268 46.8 62.5 13.3 66.7 131 153 68 Band- COLUMBIA LAKE 3) (255) (34.5) (75) (16.7) (66.7) Regional District of East 44.5 65.8 7.1 46.5 56,685 55,485 n/a Kootenay (41.3) (67.2) (5.2) (51.6) 41.9 64.6 7.8 44.3 British Columbia 4,400,057 4,113,487 132,687 74 (40.8) (65.6) (6.0) (47.8) 232,290 28.9 62.4 16.4 60.2 BC Aboriginal 196,070 132,687 62 (52,220) (28.1) (65) (15) (64.3) Sources: BC Stats (2010, 2009a, 2009b); AANDC (2011, 2010, 2008a, 2008b); and Statistics Canada (2006a, 2006b, 2001a, 2001b). a No data available. b Non-Ktunaxa RDEK communities.
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C4.1.1.3 Baseline Training and Education Typical measures of educational attainment and success are not aligned particularly well with First Nations values and culture (Canadian Council on Learning 2009). There is a gap between Aboriginal perspectives and government reporting frameworks with respect to indicators of learning outcomes. Though current indicators are an important measure of the ability of First Nations to engage in the resource economy and adapt to effects on their traditional livelihoods, these will have significant limitations for creating strategies and policies.
As can be seen in Table C4.1-1, Ktunaxa citizens on average have significantly lower education levels compared to the non-Aboriginal population of the RDEK. Approximately one-third of Ktunaxa citizens beyond school age have not completed high school, another third completed their Dogwood Certificate48 during their school age years, while another third either received only a “school leaving” certificate or completed high school equivalency in later years. The Ktunaxa rates were consistent with, but slightly lower than provincial graduation rates in the same year (49% Aboriginal), but well below the 75% graduation rate for School District #5 (Southeast Kootenay) (BC Stats 2010). The Ktunaxa do have higher trades training and certification than the BC Aboriginal average, though these training and certification levels remain lower than the regional average (see Appendix C-IV).
The Ktunaxa have a successful Adult Basic Education program. Both the ʔaq’am (St. Mary’s), Yaqan nuʔkiy (Lower Kootenay) and ʔakisq’nuk (Columbia Lake) (Aqamnik School) reserves have K–6 schools that include Aboriginal programming alongside the provincial curriculum. The Ktunaxa have neither the population base nor the resources to offer high school at this time, and all Grade 7-12 students must go to schools in non-Aboriginal communities.
While basic education statistics are improving, KNC 2009 census survey data indicate that there are still a high proportion of the Ktunaxa workforce, especially among males in the un-skilled or semi-skilled labour market, who either have not received or do not have current experience and certifications preferred for jobs with Teck. These certifications may include first aid, WHMIS and
H2S, among others. Community citizens report multiple barriers to accessing and completing training (i.e.: lack of driver’s license, testing anxiety, job readiness) (KNC 2009; Phillips 2013). Lack of follow-up between training and work is also an issue, as citizens report attending training programs but then failing to get work or stay employed (Phillips 2013 pers. communication).
According to the 2009 Ktunaxa census, 50 per cent of those 16 years of age or older and residing on-reserve do not have a driver’s license. The off-reserve population is slightly better with only 40% not having a driver’s license. The majority of those without a driver’s license had lost their license; many have significant fines outstanding that need to be paid before the license can be reinstated. The balance had never had a license.
48 The Dogwood Certificate is the official high school graduation certificate in BC, granted by the Ministry of Education to students who meet the BC secondary school graduation requirements.
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C4.1.1.4 Baseline Employment Teck has five coal mines in the Elk Valley, exporting close to 25 million tonnes per year. In 2010, these five mines collectively employed approximately 3,380 people, with an average wage of $75,000 (Golder 2013a). Line Creek Operations currently produce about 3 million tonnes of clean (processed) coal per year, translating into approximately $200 million in operating profit (Firelight 2011).49 Extrapolating from this, the Elk Valley operations generate in the range of $1.6 billion in annual operating profit.
FRO currently supports about 1,200 employees. Permitted reserves in the existing FRO operational areas will sustain FRO until 2017, with declining production after 2014. Total expected capital associated with all portions of the Swift Project and adjacent facilities is $3.03 billion.
In an effort to better engage Ktunaxa citizens with Teck, the Ktunaxa Nation Council Society and Teck signed a joint Working Protocol Agreement on November 1, 2007. This has evolved into the Procurement and Employment Operational Working Group (PEOWG). The employment-related goals of the PEOWG are to develop systems to:
increase awareness of Teck employment opportunities among Ktunaxa citizens; increase awareness of benefits in increasing Ktunaxa participation within Teck’s HR department; and identify barriers and potential solutions to increased Ktunaxa employment.
Despite efforts at engagement through the PEOWG since 2007, employment for the Ktunaxa has been minimal. Based on interviews conducted for the LCO phase two environmental assessment (Interviews with Phillips 2010 and 2013 and Milligan 2010) direct employment of Ktunaxa citizens was estimated by all parties to be significantly lower than the Ktunaxa population percentage in the RDEK (Teck 2012). The data indicates that this gap persists.
Teck does not collect statistics on Ktunaxa employment levels. However, the KNC has undertaken to track Ktunaxa employment with Teck. As of March 2013, estimates of direct Teck employment for their citizens was at approximately 8 Ktunaxa workers (Phillips 2013). With a Teck workforce of 3,380, this represents 0.24 per cent, and even taken only as a percentage of the Fording River Operations of approximately 1,200 workers, it amounts to just 0.73 percent. To be proportionate with the Ktunaxa population ratio in the RDEK, Teck’s Ktunaxa citizen employment numbers should be closer to 88, or eleven times what it is currently.
Though there are some positive example of indirect employment related to the mine (i.e., Nupqu, Tipi Mountain Eco Cultural Services and Tipi Mountain Native Plants), data is not formally collected on indirect employment levels of Ktunaxa citizens (that is, employment with Teck
49 This figure was drawn from estimates of Line Creek profitability in the Line creek EA. Accordingly, using Line Creek’s percentage of Teck Coal’s total coal production as a rough proxy for its percentage of revenues and profits, even using conservative estimates after depreciation, the coal mined from Line Creek would likely have earned some $530 million in revenue, translating into somewhere around $200 million in operating profit.
December 2014 C4-9 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application contracting companies). There are also no data formally collected on retention and advancement which are important metrics for overall employment success.
Challenges identified by Ktunaxa citizens in accessing employment with Teck include (KNC 2010a, Philips 2013, Firelight et al 2011):
distance from the community; lack of desire to work away from the community (perceived racism issues and cost of living concerns, and the loss of familial and community connections); minimum education qualifications that include a high school diploma; minimum qualifications in terms of experience, including a demonstrated positive work ethic and consistent work history. Seasonal work, the transient nature of First Nations people and other factors contribute to a seemingly inconsistent work history; lack of a drivers licence; conflict of work with cultural values of land stewardship; and streaming into lower level work and barriers to career development.
Overall, the current situation shows relatively low direct employment from existing mining operations, relatively little indirect benefits from existing coal mining operations flowing to Ktunaxa businesses, and minimal induced benefits from income spending in Ktunaxa communities.
Non-Aboriginal employment can create economic benefits for the area. However, Ktunaxa communities experience only minimal induced or indirect benefits from employment or growth from Teck’s operations because the bulk of spending by workers occurs in surrounding, primarily non-Aboriginal, communities.
Aging workforce Teck’s Elk Valley coal operations, like other BC mining operations, may face challenges associated with an aging workforce and looming retirement levels in the short term. Trends across the BC mining workforce indicate that retirement, anticipated future economic expansion, and declining birth rates are important workforce challenges (MIHR 2012). Accordingly, workers in the minerals and metals industry are older than the average Canadian worker, with more than 50 per cent of mineworkers being between the ages of 40 and 54. Compared to other sectors, there are fewer employees under the age of 30, particularly in the skilled trades and semi-skilled mining occupations. Between 2008 and 2017, it is estimated that the BC mining sector will lose close to 30 per cent of its experienced workers due to retirement (MIHR 2012). The top five trade occupations with the largest projected shortages include mechanics, electricians, welders, millwrights and machinists. These retirement rates will have an effect on recruiting requirements in the near future, with pending retirement and succession planning being a priority for these operations.
On average, it is estimated that 26 per cent of the five Teck Elk Valley coal mine operations workforce will be eligible to retire in the next five years (Golder 2013). With a workforce of 3,380, this amounts to approximately 874 workers. Given the workforce issues that retirement will bring
December 2014 C4-10 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application for the Teck mining projects, combined with the aging demographic and inadequate supply of workers in the region, tapping into Ktunaxa citizens, particularly young people, as a source of employment is an opportunity for both of Teck and the Ktunaxa in addition to jobs in the conservation economy. More information is available in Appendix C-II.
C4.1.1.5 Baseline Business Development The Ktunaxa Nation values resource management and economic opportunities for their community citizens within their Traditional Territory. The development of a strong group of Ktunaxa businesses and an entrepreneurial culture is central to both Ktunaxa Nation rebuilding and the development of a self-sufficient and locally based economy.
Each of the Ktunaxa Bands has either established a development corporation or is in the process of doing so. In addition, there are a growing number of Ktunaxa citizen-owned small businesses. A number of joint ventures between established companies and Nation businesses are also emerging; these ventures allow those Nation businesses to bid on contracts that, under normal circumstances, would be beyond reach for the Ktunaxa due to capital and other capacity issues.
The Ktunaxa have started to aggressively enter the business world with multiple approaches, one of which is headed by the Ktunaxa Nation itself. In the 1990s, what was then known as the Ktunaxa Kinbasket Tribal Council started the Ktunaxa Kinbasket Development Corporation, a natural resource management firm owned by the communities of the Ktunaxa Nation that has since changed its name to Nupqu Development Corporation (Nupqu). Nupqu is a business unit of the Ktunaxa Nation through a holding company called Ktunaxa Holdings Ltd., which also includes FlexiNET Broadband. Nupqu has started business initiatives such as the Ktunaxa Nation Community Forest, a joint forestry management strategy with Natural Resources Canada and the provincial Ministry of Forests (Province of British Columbia: 2009). As of 2010, Nupqu had revenues of over $4 million per annum and 60 employees (70% Ktunaxa) during its peak season (pers. comm. Norm Fraser, 2010).
The Nation also has a number of individual Nation and Band-owned businesses, including the St. Eugene’s Mission Resort and Tipi Mountain. St. Eugene’s is the 10th largest private sector revenue generator in the RDEK at $13.6 million per year, and has 250 employees, of whom 25% are First Nations (Ktunaxa Nation Council Society: 2005b). The Nation is also encouraging entrepreneurial enterprises by individual citizens.
Despite this emphasis on business and economic development, historically very little of Teck’s procurement has been awarded to Ktunaxa-based businesses. There has been some improvement since the development of the PEOWG, however, the Ktunaxa proportion of Teck’s procurement in the RSA continues to be very low; it remains well below the level commensurate with the regional Ktunaxa population and far below levels that would be indicative of impact equity and the overcoming of historical inequities and rights infringements. Ktunaxa citizens report that the current Ktunaxa-owned businesses are finding it hard to gain procurement from Teck, and that it seems to be a lot of work for the amount of financial return gained (Phillips 2013). There are opportunities with the new project to identify and overcome the persistent barriers to address this imbalance.
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The Golder baseline for procurement estimates that, in 2009, Teck’s Elk Valley mines purchased $883 million of goods and services (Golder 2013b).50 Of this amount 35 per cent (or $309 Million) was purchased locally (e.g., from Elkford, Sparwood, Fernie and Crowsnest Pass) and $277,800 was spent on goods and services from Ktunaxa suppliers. This means that Ktunaxa share was approximately 0.03 per cent of the total Elk Valley Teck procurement in 2009, and only 0.09 per cent even of “local” procurement, or less than one dollar in every 10,000. According to Ktunaxa estimates, in 2010/11, Teck purchased $632,046 in goods and services from Ktunaxa businesses. This translated into approximately 0.38 per cent of local buying and 0.09 per cent of overall procurement by Teck (Phillips 2013).
With approximately 2 to 2.5 per cent of the regional population (and not including claims to preferential treatment due to Aboriginal rights to benefit from activities on their traditional lands), the Ktunaxa could expect to have between $6-7.5 million in business with Teck annually, a more than ten-fold increase from the present. This is assuming the potential for maximizing the ability of Ktunaxa businesses to provide those goods and/or services needed for that procurement by the mine.
Through the PEOWG, the KNC is working with Teck to promote business and employment opportunities for the Nation. However, success has been limited and multiple barriers remain a challenge. Barriers to increased business engagement by the Ktunaxa citizens include (Ktunaxa Kinbasket Treaty Council 2005; Also see Appendix C-III):
Teck’s stringent on-site requirements through the PICs, which are prohibitive for many small businesses; difficulty in accessing start-up capital limitations due to poor or no credit history, or lack of collateral to secure loans; a lack of business skills, including bookkeeping, remittance procedures, and cash management; the small size of the local market; lack of capital for Band Economic Development; lack of capacity at the Band level; and lack of money management skills.
50 February 22, 2013 memo to Ktunaxa from Golder and Associates Ltd. Note: for local procurement the Golder baseline estimates are based on input output modeling of BC Stats.
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C4.1.2 Economic Sector Anticipated Project Effects, Mitigation and Significance
The project is expected to have both negative and positive impacts in the areas of training and education, jobs and employment, and business procurement, but the limited access to date for Ktunaxa citizens and business overall creates significant limitations. There are also effects anticipated in the traditional and rights-based economy. Each of these areas is discussed separately. Pathways of economic effect are illustrated in Figure C4.1-2.
Figure C4.1-2 FRO Swift Project Impact Pathway for Ktunaxa Economic Investment (absent mitigation)
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C4.1.2.1 Project Effects - Education and Training The gaps between the Aboriginal and non-aboriginal population in terms of education and training outcomes described in the baseline as well as barriers indicates inequities in access for Ktunaxa citizens. This differential access to education and training opportunities for Ktunaxa citizens currently means that, should the Project proceed, the Ktunaxa would be at a significant disadvantage for accessing employment and business opportunities in comparison with both non- Aboriginal residents of the RDEK and other non-Aboriginal British Columbians and Canadians in general. Thus, the project could perpetuate existing inequalities between the Ktunaxa citizens and the regional population.
The looming retirements within the Teck workforce could open up employment opportunities for the Ktunaxa. However, for the most part, currently those would remain out of reach unless there are fundamental improvements, in short order, to the accessibility of job-ready education and training opportunities. Golder reports that: “High replacement rates could strain the industry as the experience of retiring workers is not easily replaced by new workers, and training and capacity development will require significant investment.” (Golder 2013b) This requires concerted ongoing effort to prepare, onboard, engage and train members.
As an additional impact pathway, the Project may prolong access and socio-economic challenges for Ktunaxa citizens who have to study outside their home community in order to complete their schooling. Barriers may increase if the project impacts on housing affordability or access in the region other costs in RDEK communities where the education facilities are based (see Section C5).
Absent mitigations, the project effects on Ktunaxa education and training can be expected to be negative and of low magnitude as the Project would likely continue the pattern set by previous Elk Valley coal projects: maintaining or intensifying economic disparities between Ktunaxa and non- Ktunaxa in the region. Given the already vulnerable economic status of many Ktunaxa citizens, such Project economic effects are likely to be significant.
C4.1.2.1.1 Mitigations Education and Training Ktunaxa recommended measures and mitigations relevant to the valued component of education and training includes continued engagement with KNC in strategic planning for training and education detailed in Section C10 and summarized below:
C10.1 Based on the PEOWG Strategic Plan, Teck and KNC will maintain a Ktunaxa Human Resources Development Strategy and a workforce investment strategy – Job Ready Initiative (both ongoing). These strategies will apply to Teck operations including FRO Swift, and will include:
Examination of the proposed Elk Valley expansion and workforce renewal schedule to 2020 to identify job types, skill requirements and expected timelines for program implementation to enable personal education and training plans for job seekers that fit market need. Teck agrees to support an increase in seat capacity in the Mine Apprenticeship Program or other similar trades program, in accordance with a separate budget approved by PEOWG
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and to, set aside a specified number of seats for priority access by students who are Ktunaxa Citizens. Supporting KNC to develop a diversified strategy with other Elk Valley businesses (e.g., Canfor, Teck, BC Hydro, TCPL) to develop a joint training initiative with funding, training prioritization strategy, and program development. Identification of existing training programs in the Kootenay region and across Canada that can assist in focusing Ktunaxa training, and be integrated into a workforce training strategy. Focus of training funds on high school completion and stewardship-based job training linked to the mining and the conservation economy (e.g., environmental monitoring, sciences, services, habitat reclamation). Recognition of non-formal education and training as equivalent to educational requirements for mature workers with extensive workplace experience. Provision of advanced “on-the-job” training or sponsorship of certification or re-certification for Ktunaxa working at Teck to fill educational or training gaps – e.g., sponsor Grade 12 equivalency, upgrade ticketing and certifications, apprenticeships.
C4.1.2.1.2 Residual Effects Education and Training Assuming adequate mitigations and other measures and actions recommended in C10 are in place and successful, the Project can be expected to result in low magnitude positive economic gains for Ktunaxa citizens through education and training. These economic gains are likely to be significant for Ktunaxa citizens directly engaged in those training and education initiatives, but low magnitude relative to the anticipated potential residual effects on the subsistence economy addressed in Section C3. See Table C.4.1-2 for the summary of economic sector residual effects.
C4.1.2.2 Project Effects –Employment The Ktunaxa have expressed an overarching desire to “increase the representation and individual participation by Ktunaxa citizens” within Teck (Ktunaxa Nation Council and Teck Coal Limited, 2010).
The Project description says: “It is anticipated that the Swift Project will use the existing FRO labour force.” The number of jobs predicted for the construction and operations phases are: x 34 person years for the construction phase; and x 15,000 person years for the operation phase. This means that employment opportunities for the Ktunaxa will be generally limited to opportunities created by ongoing attrition of existing workforce.
However, retirement figures documented in this report indicate that the existing workforce will also be undergoing retirement transition and will not be adequate to the Fording Swift Project without a hiring strategy. It also means that there will be opportunities for employment opening up across the BC Teck coal operations. Continued information sharing as to overall workforce needs, specific breakdowns for the different skill requirements, how the new Fording Swift operation articulates with other operations, or how those different phases will be staged will be necessary as part of the development of education, training and employment strategies. It also
December 2014 C4-15 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application means that Teck will need to make investments in training and education as part of the workforce transition.
To date, only a small number of Ktunaxa citizens have secured employment with Teck. Absent mitigation, the Project can be expected to continue the pattern set by previous Elk Valley coal projects: contributing minimal benefits to Ktunaxa citizens by way of employment, and maintaining or intensifying economic disparities between Ktunaxa and non-Ktunaxa people living in the region.
Barriers to maximizing Project related employment benefits for Ktunaxa citizens include:
lack of awareness among Ktunaxa of available job opportunities; an electronic recruitment process that makes it difficult for Ktunaxa who lack computer skills; lack of educational and training qualifications among Ktunaxa citizens; limited prioritized hiring for Ktunaxa; lack of driver licence and/or vehicle; and distance from home to mine sites (length of daily commutes or need to move in order to get a job).
Along with the beneficial effects of employment, and largely due to the distance of the Project from existing Ktunaxa communities, the following adverse impact outcomes are also anticipated:
Increased outmigration of Ktunaxa citizens from their home reserves, with attendant adverse impacts on the home community (e.g., population decline, “brain drain,” decreased sense of community, increased cost of living, continued sub-standard housing on reserves, and potential for declining practice of subsistence economy, among others). Increased racism encountered by Ktunaxa citizens outside their homes, including potentially both at the workplace and their new place of residence, which increases stress, mental health and addictions risks. Potential for reduced personal or familial well-being, including reduced on-reserve social cohesion, and reduced access of workers to on-reserve cultural opportunities and social services.51
51 For more discussion of these potential adverse outcomes, see Section C2.2.3 on Housing, Transportation, and Social Services.
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C4.1.2.2.1 Mitigations Employment Ktunaxa recommended measures and mitigations relevant to the valued component of employment includes continued engagement with KNC in strategic planning for employment as well as training and education detailed in Section C10 and summarized below.
C10.2 PEOWG Strategic Plan Prior to EA certification, Teck will make best efforts to work with PEOWG to develop a PEOWG Strategic Plan to address training, education, employment, procurement and business development initiatives for Ktunaxa citizens, and fully implement existing communication protocols between Teck HR and the Ktunaxa economic sector and employment services department.
The strategic plan will include measures and commitments to increase Ktunaxa awareness of Teck job opportunities, and promotion of stewardship, mining and trades careers consistent with Ktunaxa cultural values (see table C10 for a detailed list of specific commitments).
C10.3 Establish annual targets for direct Ktunaxa employment (through PEOWG) and systems for monitoring success Based on the development of a 10-year PEOWG Strategic Plan, and prior to EA certification, establish annual targets for Ktunaxa direct employment in Fording River Operations Swift Project as well as systems for monitoring success in reaching these targets.
Where targets are not met, the parties will enter into the dispute resolution process for corrective actions as per the Protocol Agreement November 2007 (unless replaced by a more recent dispute resolution such as the IMBA)
C10.4 Improve and personalize Teck application and recruitment systems for Ktunaxa: Within three months of EA certification, establish an improved and more personal liaison system for Ktunaxa applications and recruitment (including off-reserve members). This system should be integrated with the PEOWG Strategic Plan noted above:
Allow identification of Ktunaxa resumes, and provide human review rather than a computerized review process for Ktunaxa applicants; Continue to maintain a Teck office in a Ktunaxa community, for the duration of the Project, and as part of the liaison system; Support a Ktunaxa economic sector staff position, paired with a Teck counterpart, dedicated to assisting Ktunaxa prospective hires (on-reserve and off) with tasks like resume writing, computer skills, training plans, skills upgrading, and preparing for mining relevant careers; and Include a feedback process for Ktunaxa citizens who are not successful in their applications or those leaving the workforce (e.g., to assist in tailoring their training upgrading, or communicating resources available through Ktunaxa employment services or other organizations).
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C10.5 Implement programs to improve work culture, Ktunaxa retention, and advancement at Fording River Operations Based on the PEOWG Strategic Plan, establish a program to improve the work culture at Fording River Operations and support retention and advancement of Ktunaxa workers. This program will:
Work with KNC to identify and address barriers to Ktunaxa retention and advancement at Fording River Operations; Work with KNC to provide cross-cultural conflict avoidance training to existing and incoming staff (including Ktunaxa workers) – training should focus primarily on resolution of common, real-life, on-the-job conflicts with secondary focus on cultural awareness and history; Develop an effective reporting mechanism with a Ktunaxa employee/management liaison person (potentially through Ktunaxa Employment Services); and Engage existing or experienced Ktunaxa workers as part of a training and mentorship program to enhance retention of new Ktunaxa staff, and to support advancement of Ktunaxa with leadership/managerial potential.
C10.9 Based on the PEOWG Strategic Plan, and within six months of EA certification, the parties will work to identify potential transportation and housing opportunities that could improve service for Ktunaxa citizens employed by Teck. (see Table C10 for examples). C4.1.2.2.2 Residual effects Employment Assuming adequate mitigations and other measures and actions recommended in C10 are in place and successful, the Project can be expected to result in low magnitude overall positive economic gains for Ktunaxa citizens through employment, particularly those employed in jobs aligned with Ktunaxa stewardship values (i.e., environmental monitoring). These economic gains are likely to be significant for Ktunaxa citizens directly engaged in direct and indirect employment, but low magnitude relative to the anticipated potential residual effects on the subsistence economy addressed in Section C3. See Table C.4.1-2 for the summary of economic sector residual effects.
C4.1.2.3 Project Effects - Business Development Capital associated with all portions of the Swift Project and adjacent facilities are expected to total approximately $3.03 billion. The relatively low level of Aboriginal procurement can be expected to continue. Although procurement has increased in recent years, it is less than one tenth the level it should be to be proportionate with regional population levels. Absent mitigations to increase procurement across Teck operations in the Elk Valley, the relatively low level of Aboriginal procurement can be expected to continue, exacerbating inequalities within the region. With appropriate mitigations, procurement efforts could increase business capacity and economic self-sufficiency for the Ktunaxa nations and improve economic wellbeing.
C4.1.2.3.1 Business Development Mitigations
C10.6 High-level planning for business development (short to long term) Within three months of EA certification, prior to issuance of Request for Qualifications (RFQs) or other procurement documents for Project construction, operations and closure/reclamation, and
December 2014 C4-18 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application based on collaborative development with the KNC of a PEOWG Strategic Plan, Teck will work with the PEOWG to set performance measures for strategically enhancing KNC businesses that may include:
Convene a meeting between Ktunaxa businesses, joint ventures, or entrepreneurs and Teck Procurement Departments to introduce upcoming business opportunities and procurement strategies related to the Project and emphasizing stewardship opportunities. Support KNC to identify companies and convene a meeting, to be held annually with other large regional resource development or transmission companies (e.g., Canfor, TCPL, BC Hydro), and Ktunaxa, to discuss high-level regional economic planning and strategic procurement involving Ktunaxa businesses. This may be held in conjunction with existing annual meetings regarding procurement, or semi-annual regional Aboriginal business showcases including employment as well as business outlooks.
Based on the PEOWG Strategic Plan Teck will also work with PEOWG to encourage “off-site” goods and services procurement activities that do not require on-site certifications (e.g., hosting meetings at St. Eugene’s Mission, Legend Logos) and support for pre-qualification by Ktunaxa businesses that may include:
Support for KNC to update and maintain a list of Ktunaxa business capacities for Teck procurement managers. Identify a list of Ktunaxa individuals or small corporations that are pre-qualified for Teck contracts in particular service areas, either independently, or through an umbrella organization such as the Nupqu Development Corporation, or through joint ventures with non-Ktunaxa businesses with appropriate certifications. Provide support for Ktunaxa businesses to meet on-site work requirements (e.g. health and safety). Support a Ktunaxa Economic Sector staff position dedicated to assist small and medium size Ktunaxa businesses to understand and prepare for certification and other Teck pre-qualifications processes, raise capital, and otherwise prepare for Teck opportunities. Establish a Business Development Micro Lending fund to assist with the development, expansion or start-up of new or existing Ktunaxa Businesses.
C10.7 Improve communication of business opportunities and Ktunaxa success Based on the PEOWG Strategic Plan, prior to construction, and before issuance of RFQs or other procurement documents for Project construction, operations and closure/reclamation, Teck will fully implement existing communication protocols between Teck HR and the Ktunaxa Economic Sector and Employment Services Department to:
Inform Ktunaxa businesses at the earliest possible stage (prior to RFQs or RFPs) regarding upcoming Teck procurement opportunities.
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Communicate contract and procurement opportunities to Ktunaxa businesses in a manner that explicitly invites Ktunaxa participation, through public and available Ktunaxa media (Ktunaxa website and newsletter, radio, newspaper, Council and community meetings). Continue annual procurement workshops with interested business people in Ktunaxa communities to highlight diversity and duration of opportunities available. Continue to maintain a Teck office in a Ktunaxa community, for the duration of the Project. Work with KNC Economic Sector to support a Ktunaxa business networking, recognition and mentoring program to involve successful Ktunaxa role models in fostering entrepreneurial efforts by other Ktunaxa citizens. Maintain a feedback process for Ktunaxa businesses that are not successful in bids.
C10.8 Improve Ktunaxa participation in large contracts and provide contracts at an appropriate scale for Ktunaxa involvement (where feasible) with direct-award of suitable contracts to known qualified Ktunaxa providers where appropriate. Based on the PEOWG Strategic Plan, and prior to issuance of RFQs or other procurement documents for Project construction, Teck will:
Work with KNC to identify opportunities for “unbundling” contracts (e.g., for preparation of Fording River Swift area, ongoing maintenance and service needs, and progressive reclamation), or direct awarding contracts, where known qualified Ktunaxa providers exist, especially for stewardship oriented tasks.
C4.1.2.3.2 Business Development Residual Effects Assuming adequate mitigations and other measures and actions recommended in C10 are in place and successful, the Project can be expected to result in low magnitude overall positive economic gains for Ktunaxa citizens through business development. These economic gains are likely to be significant for Ktunaxa citizens directly engaged in contracting and business relationships, and potentially overall significant for the Nation depending on implementation. However, they are of low magnitude relative to the anticipated potential residual effects on the subsistence economy addressed in Section C3. See Table C.4.1-2 for the summary of economic sector residual effects.
C4.1.2.4 Project Effects - Rights-Based and Future Economy The Project has the potential to have an impact on the traditional economy through the many pathways of impacts on the land (See C.2.4.2). For example, the Project footprint and temporal expansion of the mine operation removes land from access, increases access by non-KNC recreational and hunting users, deterring Ktunaxa citizens from access and reducing harvests. However, water contamination is foremost among Ktunaxa concerns, with obvious impacts on fish harvests.
The potential impacts on traditional harvesting have a number of impact pathways for the economic sector. Reduced harvesting means less economic and food security for citizens who
December 2014 C4-20 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application rely on that harvested food and potentially less income from any furs that would have been sold. The impacts on the land also may mean foregone futures.52
One of the principles central to fostering sustainable Ktunaxa communities, defined as important by the Lands and Resources, Economic and Social Investment sectors of the KNC53 includes:
Avoidance whenever possible of “futures foregone” – Economic activities that constrain the ability to practice others in the same area now or in the future (e.g., visibly scarring mining practices may reduce the value of lands for guiding, trapping, hunting or tourism).
The Ktunaxa are already engaged in economic activities in these sectors. Additionally, as was stated in Section C4.1.1, priority economic activities are those that are renewable, such as environmental monitoring and conservation, tourism and fishing. Impacts on the land from the Project may reduce the viability of or economic potential of those sectors. Water contamination and/or the perception of such contamination may have an impact on tourism and guiding economies where fish stock is affected or where the water is perceived to contain unsafe levels of contaminants.
With appropriate mitigations and recognition of the commercial aspects of Ktunaxa rights and interests, through the ECDA with the Province as well as negotiation of an IMBA or similar agreement, the Project has the potential to provide a long term economic benefit to Ktunaxa citizens, though the magnitude and duration of that benefit is uncertain as the IMBA was under negotiation at the time this report was drafted.
C4.1.3 Summary Economic Sector Residual Project Effects Characterization
Table C4.1-2 provides a characterization of anticipated Project effects on Ktunaxa economic rights and interests, assuming that mitigations and actions recommended in Section C10 are fully implemented and successful.
52 Trapping is a right which Ktunaxa has historically practiced in the area, though there is no current data on the extent of trapping in the area or potential impacts of avoidance on trapping. 53 These principles are drawn from the following documents as well as interviews with KNC staff and management: Ktunaxa Kinbasket Child and Family Services Society (2009), Ktunaxa Nation Council (2007b), Ktunaxa Nation Lands and Resources Agency (2006), Warden and Paradis (2003), Ponte (2010), Pratt (2010), KNC Social Investment Sector (2010a).
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Table C4.1-2 Economic Sector Summary of Characterization of Residual Project Effects extent Valued Context Duration Direction Magnitude Frequency Probability Geographic Geographic components Reversibility
Training and education low positive regional long high yes high Vulnerable/ medium confidence Employment low positive regional long high yes high Vulnerable/ medium confidence Rights Based economy low positive regional long high yes high Vulnerable/ Medium confidence Business development (procurement) low positive regional long high yes high Vulnerable/ medium confidence Rights Based economy low positive regional long high yes high Vulnerable/ Medium confidence
C4.1.4 Summary of Economic Sector Residual Project Effects Assessment
Assuming adequate mitigations and other measures and actions recommended in C10 are in place and successful, the Project can be expected to result in low magnitude positive economic gains for Ktunaxa citizens through jobs, procurement, and training and education. These economic gains are likely to be significant for Ktunaxa citizens employed at the mines, and potentially significant and positive at the level of the Nation, depending on implementation. However, the magnitude is low relative to the residual Project effects on the subsistence economy that are addressed in Section C3 and are anticipated to be adverse and significant.
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C5 KTUNAXA RIGHTS: SOCIAL SECTOR
This section outlines the potential effects of the Project on Ktunaxa’s valued components related to the social sector including health, social services, housing and transportation. Measures associated with social and health include:
Ecological approach to human health, and confidence in wild foods. Housing, Transportation and Social Services.
The Social Sector is one of the four key pillars of the Ktunaxa Nation. Under this pillar fall health, housing, transportation and social services. The health and social well-being of Ktunaxa citizens are intrinsically related to the vitality of the language and culture, as well as to the Nation’s self- sufficiency and self-determination. These are key Aboriginal social determinants of health. Thus, a holistic approach needs to be taken with the health and social impacts assessment, with consideration for overlap with other sections including land use (C6), culture and language (C3), and economic and employment (C4).
Ktunaxa rights and interests in relation to health, housing, transportation and social services are identified as:
Access to affordable and appropriate housing for all Ktunaxa citizens, both on-reserve and off-reserve; Maximization of the number of Ktunaxa residing on their home reserves or on reserve in general; Access to safe, affordable transportation. Engagement in development and implementation of social services throughout their traditional territory; Access to culturally appropriate, timely and valuable social services for Ktunaxa citizens, regardless of their place of residence; Improved health and wellbeing for all Aboriginal People living within the Ktunaxa Traditional Lands (including establishing culturally relevant community-based service delivery systems, providing supports and services that reflect the unique strengths and challenges of all communities served, and by building capacity within the Aboriginal community) (Ktunaxa 2011); and Meeting health indicators that include health equity and the right to traditional food/food security (ability to have access to nutritious food that is accessible in sufficient amounts and that is culturally acceptable).
These will cross cut other rights and interests in other sections as mentioned above.
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Specific indicators associated with the rights and interests of the Ktunaxa on these topics are:
population and housing needs; housing stock and starts (availability); housing costs and affordability; housing quality and appropriateness (need for major improvements, number of rooms per average residence); percent of Ktunaxa population living on their home reserves; adequacy of access to social services on and off reserve (wait lists, availability of services locally, need for services); and health status and the social determinants of health (including income and food security).
C5.1.1 Social Sector Baseline
This section describes a few of the general baseline conditions as well as the key conditions specific to each of the valued components listed above.
As discussed in C4.1.1.2, population growth and demographics are quite different for the Aboriginal population than for the general population. The population growth rate is higher for Aboriginal populations and they have a younger demographic than the general population (AANDC 2007). Though the Ktunaxa Nation’s have historically had a higher birthrate and younger population than the BC average, the Ktunaxa birth rate has been dropping, and population growth trends moderating in recent years (Statistics Canada, 2013).
According to the 2006 Census, the population of registered First Nations is less urban than the non-Aboriginal population: 47 per cent live on reserve. Approximately 53 per cent of Aboriginal people lived in census metropolitan areas compared to 81 per cent for non-Aboriginals.
Approximately two-thirds of B.C.’s Status First Nations live off reserve. Off-reserve Aboriginal people have some of the lowest social and economic conditions in the province. For example, Aboriginal people are disproportionately living in poverty and are overrepresented as victims of and perpetrators of crime, as well as in children in care (Statistics Canada 2007, 2008 and 2010; Loppie Reading and Wien 2009). Section C4.1.1.4 has details on the economic and employment statistics related to the Ktunaxa and inequalities compared to regional averages.
Housing, Transportation and Social Services Today the Ktunaxa are a thriving people who are working to revitalizing their language and culture throughout their Territory. The Ktunaxa Nation is actively working towards a model of self- governance, and continues to build cooperative and positive relationships with regional, provincial, and federal governments. Goals for the Social Sector include:
Providing leadership to an integrated team of professionals and support staff providing high standard services.
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Increasing capacity and developing institutional strength of the Ktunaxa Nation and Communities during the First Nations Health Authority transition. Providing emergency and transitional shelter to homeless youth and youth at risk in Cranbrook. Focusing on building foundation skills, reducing barriers to employment, individual training plans (ITP), job coaching, essential skills, life skills, Adult Basic Education (ABE), and industry certification. Providing relevant and culturally sensitive services to support and care for children in Aboriginal families and communities. This includes the Ktunaxa Kinbasket Child & Family Services Society (KKCFS), which has an office in Cranbrook. Goals for family services by the KKCFS include the reduction of children in care and recidivism rates for families whose children are returned to their care.
Under the Social Sector pillar, there are many positive initiatives and successful programs that support Ktunaxa citizens.54 This work engages with citizens both on and off reserve. In the urban setting, programs have improved the well-being of less fortunate Ktunaxa citizens and often provide pathways for people to reconnect with their families and return to their communities. The Social Sector is managing many projects focused on the well-being of all Aboriginal People.
However, there remains a significant gap in the socio-economic status of Ktunaxa citizens compared to the experience of other British Columbians. In virtually every socio-economic indicator – employment, employment participation, per capita income, family and individual health, housing availability and standard – the Ktunaxa experience falls short of the standards experienced by other regional or provincial residents (See Table C4.1-1 for economic and employment data and Table C5.1-1 for health data).
Table C5.1-1 Health Indicators in British Columbia for Status First Nations and Other Residents Time Status Other Indicator Period Indians Residents Life Expectancy at Birth 2006-2010 74.7 81.1 Five-Year Average Age-Standardized Mortality Rate 2010 76.3 45.5 (expressed as a rate per 10,000 people) Youth Suicide Rate (per 10,000 people) 2006-2010 3.0 0.7 Infant Mortality Rate, Five-Year Aggregate (number of infants who die during first 2006-2010 7.2 3.5 year of life, per 1,000 live births) Diabetes, Age-Standardized Prevalence Rate, 2010/2011 8.0 5.8 (expressed as a rate per 100), Note: See Interior Health Authority for a more detailed summary of the inequality of health for a broad range of health and disease indicators, IHA 2010.
54 For details of the programs and services that the Nation is engaged in under this pillar, see http://www.ktunaxa.org/fourpillars/social/index.html.
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C5.1.1.1 Health Baseline Oral histories and Ktunaxa Nation Council documents suggest that the first smallpox epidemic attacked the Ktunaxa around 1780, arriving from the east through contact with Blackfoot or other plains groups. The population of the Ktunaxa Nation in the mid-18th century was thought to be up to or over 5,000. This was cut in half, and then halved again through subsequent epidemics of small pox, measles, flu, and other introduced contagious diseases. As in other parts of the plateau, estimates of total mortality between the mid-18th century and the mid-19th century due to contagious disease and other factors range up to 90 per cent.55 Despite such devastation, the Ktunaxa maintained a strong continuity of identity, language, and land governance. Chamberlain (1892) notes that the traditional practices of the “sweat baths and others” have “good results” in terms of health. At the time of his brief visit, Chamberlain identified “consumption” as the illness from which the Kutenai suffered the most. More than half a century later, Baker (1955) indicates that “such diseases as smallpox, measles, tuberculosis, diphtheria, whooping cough, and tetanus ravaged the tribe.” In later years he reported tuberculosis had “disappeared... and that immunity was being established in regard to smallpox, diphtheria, whooping cough and tetanus.” He also noted that physicians reported no record of cancer among the Kutenai for fifty years.
A critical factor in the history of Ktunaxa health is the legacy of the residential schools (see Section C8 for Cumulative Effects). Across the Canadian First Nations populations, there is evidence that this policy has caused a deep, wide and overwhelmingly negative legacy that has contributed to ongoing social and health challenges for individuals, families and communities, including disproportionately high mental health issues and addictions rates, and high rates of alcohol-related deaths, incarceration, and suicide (IHA 2003; Loppie-Reading and Wien 2009; Chandler and Lalonde 2008). Accordingly, this legacy, combined with the weight of recent history in terms of both industrial development and colonialism, has contributed to the current disparities in socio-economic and health indicators between First Nations and non-Aboriginal peoples.
Persistent gaps continue to exist between the Aboriginal and non-Aboriginal population in BC. First Nations continue to have a lower life expectancy (Health Canada, 2010) and higher rates of chronic and infectious disease and mental health issues than the general population (Health Canada, 2005). Life expectancy remains 6.4 years less for the Indigenous population, and the Age Standardized Mortality rate of 76.3 per 10,000 continues to be 1.67 times the rate for the non-Indigenous population. The infant mortality rate for the Indigenous population remains double the rate among the non-Indigenous population.
As a recent significant step in health and self-determination, First Nations in the BC Interior, the First Nations Health Council and the Interior Health Authority signed the Interior Partnership Accord on Nov. 14, 2012 (FNHC and IHA 2012). This Accord is structured to increase cooperation between the parties to address health disparities and ensure access to culturally appropriate care. The First Nations Health Council Interior Caucus is guided by direction from the Seven Nation Interior Executive that consists of members from the Dãkelh Dene, Ktunaxa,
55The Plateau refers to a small region that included the southern interior of British Columbia and Alberta. The First Nations in that area were historically referred to as ‘the Plateau Peoples.’ http://firstpeoplesofcanada.com/fp_groups/fp_plateau1.html.
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Secwepemc, Syilx, St’át’imc, Tsilhqot’in, and Nlaka’pamux Nations, together representing all 54 First Nation communities in the region. This Accord is part of the larger process of transferring Health Canada’s First Nations and Inuit Health Branch–B.C. Region to a new First Nations Health Authority (FNHC and IHA 2012).
Food Security Food security is a critical social determinant of health. Food security exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life (Food and Agricultural Organization, 2002).
Food security is an important issue in BC First Nations communities. According to a survey of 21 BC First Nations (Chan et. al. 2011), at some point in the past year:
40 per cent of families worried that their food would run out before they could buy more 36 per cent of families said that food they bought didn’t last and there wasn’t any money to buy more 12 per cent of families cut the size of their meals or skipped meals 7 per cent of families were hungry but did not eat because they couldn’t afford enough food In Canada, the main cause of food insecurity is poverty, according to the Dietitians of Canada. According to the Canadian Community Health Survey, 9.2 per cent of Canadian households experience food insecurity (CCHS 2.2, 2004); in contrast 33 per cent of off- reserve Aboriginal households experience food insecurity. In BC, 41 per cent of on reserve First Nation households are classified as food insecure (Chan et al., 2011), while among the non-aboriginal population this is 8 per cent (Statistics Canada, 2010). Final reporting for the Ktunaxa Diet Study (Fediuk et al. 2013) indicates similar high levels of food insecurity in Ktunaxa communities.
Food insecurity results in a poorer quality diet, greater risk of micronutrient deficiencies and obesity (Rutten et al., 2012). Obesity is a major risk factor for diabetes and heart disease. Among First Nations in BC, diabetes rates are 1.4 times the rate of the non-Aboriginal population. Thirty two per cent of BC First Nation adults are obese according to the 2002/2003 Regional Health Survey (AFN, 2003), in comparison to 18 per cent of the non-Aboriginal population (Report on Physical Activity and Body Weight, 2004).
In BC the monthly cost of feeding a family of four is $868.43. A family on income assistance or disability assistance cannot access basic food needs (Cost of Eating, 2011). For First Nation communities, the ability to rely on and continue to access traditional food is a keystone to improved food security.
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Ktunaxa Community and Individual Health The regional data available for First Nations/Aboriginal health indicate that social and economic disparities between Aboriginal and non-Aboriginal people translate into generally poorer health outcomes. According to the Interior Health Authority (2003), this is reflected in:
High rates of teen pregnancy; High birth rate; High infant mortality rate; High potential years of life lost; High rate of accidental and violent death; High death rates related to alcohol and drugs; High rates of disability and chronic health condition; High hospitalization rate; Low education levels; and Low income levels.
Obesity rates are also a concern. Depending on age, 53-80 per cent of BC First Nations women and 81-87 per cent of men in the Chan et al. (2011) study were overweight or obese.
Country Food Access and Use Important links between Ktunaxa health and land use are maintained through the practice of hunting, fishing and gathering wild foods in preferred harvesting locations. Preliminary results of the Ktunaxa Diet Study (Fediuk et. al 2013) indicate that harvesting traditional foods is common practice within Ktunaxa households. The study also indicates that the sharing of traditional food between households is widespread. While 52 per cent of households reported hunting, over 90 per cent of households reported eating game meats harvested in Ktunaxa traditional territory in the past year. Similarly, 68 per cent of households harvested berries, while 83 per cent reported consuming berries.
Both the diet study and responses from Ktunaxa elders and land users indicate that existing levels of mining in the upper Elk Valley have already resulted in adverse effects on confidence in water quality and wild foods from the Elk Valley, particularly fish, for at least some Ktunaxa citizens. In the survey, 62% of households stated that yes, they had concerns about the ‘safety’ of traditional food. Ktunaxa citizens reported food safety concerns for fish and berries amongst other harvested foods, with fish being the most avoided food (Fediuk et. al. 2013).
C5.1.1.2 Housing Baseline Ktunaxa citizens face housing challenges both on reserve and off. The Nation is not unique; Canada has a nation-wide affordable housing crisis coupled with deep and pervasive homelessness disproportionately experienced by First Nations people (Shapcott 2010). And with a higher birth rate, Aboriginal population growth will place higher pressures on housing into the future than is the case in the broader population.
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Housing challenges being addressed by the Ktunaxa relate to the quality and conditions of the housing, as well as access issues including adequate stocks and affordability. Housing challenges also include the percentage of the population living off and on reserve. In 2010 Ktunaxa staff reported that housing was an issue in all the communities (Personal Communications, Debbie Whitehead). Sewer and water infrastructure was also reported as inadequate. Estimates were that there were 235 people on reserve with only 60 houses. The traditional value of having extended families living together means that the solution is not necessarily just more housing, but also larger housing that can appropriately accommodate the cultural and community context.
In terms of quality, across Canada 29 per cent of First Nations families lived in a home requiring major repairs according to the most recent census data (Statistics Canada, 2006 Census). On reserve, housing disparities were greatest, with approximately 44 per cent of First Nations families residing in homes in need of major repairs. From 1994/95 to 2005/06, the percentage of Aboriginal housing in need of major renovations (including structural repairs to the walls, floors, ceilings or roof, and replacement or upgrading of defective plumbing or electrical wiring) increased by 121 per cent.
Housing is a key social determinant of health; inadequate housing and crowding can be associated with a host of health problems. For example, mould growth can lead to respiratory and immune system complications. Crowded living conditions can lead to the transmission of infectious diseases such as tuberculosis and hepatitis A and can further increase risk of injury, mental health problems, family tensions and violence.
Though the communities of Elkford and Sparwood have experienced population declines over the long term, between 2006 and 2011 the population trend reversed and population began to grow (Housing Strategies Inc. 2012). This has put pressure on housing and social services in the region. Communities in the Elk Valley and surrounding region have experienced a significant increase in housing costs. Average home sale prices in Elkford and Sparwood increased dramatically between 2001 and 2011 – on average 20.2 per cent per year in Elkford and 17.6 per cent per year in Sparwood (Housing Strategies Inc. 2012). It was reported by Elkford municipal councillors and staff in August 2011 that short-term worker housing is an issue (Golder 2011). The hotels are at capacity and workers are known to sleep in their vehicles. The issue is not necessarily a lack of housing stock or available land for housing, but the combined forces of tourism and the demand for housing for transient workers has driven housing so high that rents have become unaffordable (Interview, March 27, 2012).
In Sparwood, the municipal council also indicated that rental housing is in short supply and that workers are staying in hotels longer term (Golder, 2011a and 2011b). This has impacts on the tourism industry as well. The cities of Elkford and Sparwood partnered with Teck to do a housing survey in 2011. The survey results indicated that there is currently a severe shortage of rental accommodations to serve the area’s permanent population as well as the area’s temporary contract workers and those people working for the mines on a 4-day-on/4-day-off basis whose permanent homes are located elsewhere. This severe shortage (i.e., a supply and demand
December 2014 C5-7 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application imbalance) is leading to escalating rents, some ‘gouging,’ and exceptionally low vacancy rates (Housing Strategies Inc. 2012).
This lack of housing access poses significant challenges for Ktunaxa citizens employed in the mine. Affordability problems are leading to Ktunaxa citizens living in crowded and inadequate housing situations (including reported experiences of hot bunking - interview March 27, 2012).
With regard to the issue of on- and off-reserve residence, the KNC has expressed a commitment to maximizing the number of Ktunaxa citizens choosing to reside on their home reserves or on reserves in general. However, according to BC Statistics (2009a), BC has the second largest off reserve Aboriginal population in Canada. The 2009 Ktunaxa survey data (Table C5.1-2) illustrate that the Bands that make up the Ktunaxa Nation struggle with both outward migration and limited housing on the reserves.
This outmigration is a precarious situation for Aboriginal communities – though certain quality of life indicators may be enhanced by living off reserve, there are impact pathways related to migration that include community breakdown and the loss of language and cultural practices (Also see Appendix C-V for more information).
Table C5.1-2 BC Housing: 2011 Census 2011 Number of 2011 2006 Per cent 2011 Pop Occupied Band Population on Population on growth Area Density Private Members* reserve reserve 2006-11 Sq. Km 2011 Dwelling n/a n/a n/a (2.1 St. Mary’s Band 353 n/a 155** n/a (2006 (2006: 50)** 2006) 77.98) Tobacco Plains 178 57 67 -14.9 23 41.74 1.4 Band Columbia Lake 263 131 153 -14.4 55 36.03 3.6 Band Lower Kootenay 213 104 159 -34.6 33 74.32 1.4 Band *Source: Registered Indian Population by Sex and Residence September 2010, AANDC; Ktunaxa Kinbasket Treaty Council and Ktunaxa Nation Council total members – 1,007. **Source: BC Stats: Aboriginal Community Data Initiative: St. Mary’s Band (2006 Census). http://www.bcstats.gov.bc.ca/StatisticsBySubject/Census/2011Census/PopulationHousing/IndianReserves.aspx
C5.1.1.3 Social Services Baseline The Ktunaxa have developed a strong Social Sector as one of the four pillars of Nation Rebuilding.
As part of the Ktunaxa Nation’s move towards self-determination, the Ktunaxa/Kinbasket Child and Family Services (KKCFSS) was established in 1996 to transfer back the responsibilities of health and wellness from outside agencies. Since 2005 the KKCFSS has been delivering comprehensive child and family services to Aboriginal people throughout the Ktunaxa territory. Services include:
early childhood development;
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family support; child protection; health promotion; guardianship; reconnection; fetal alcohol support; early intervention and prevention; justice; wellness; mental health supports; family reconnection; and elders support (KNC 2010a).
As with health, the focus for social programs has recently been re-oriented to individual and family wellness. The programming and social supports have improved, especially in the area of child, youth and family programming (Ktunaxa 2011).
However, there are still challenges. The limitations of the available workforce on the reserve mean that the Nation has to look at non-members to fill positions. There are still significant challenges related to inappropriate housing, mental health issues, and drug and alcohol abuse. Sexual abuse or other trauma-causing drug and alcohol issues also need to be better addressed. There are also challenges with programing consistency and connections given the number of departments and different funders involved.
Citizens experience different challenges depending on whether they live on or off reserve. Approximately 50 per cent of Ktunaxa citizens who live off reserve do not receive the social services the Nation provides. It is difficult to even capture accurate numbers for census purposes. Studies indicate that Aboriginal people living off reserve experience significant disparities relative to the non-Aboriginal population. They experience higher rates of poverty, are over-represented as both victims and perpetrators of crime, and have higher unemployment than the general population (Loppie and Wien 2009).
Approximately 85 per cent of the Teck Elk Valley workforce (about 2,873 employees) resides in the communities of Fernie, Sparwood, Elkford and Crowsnest Pass. The remaining 15 per cent of the workforce are from other communities, including Calgary, Lethbridge and Cranbrook (Golder 2013). This combined with the out-of-town workers looking for temporary accommodation, is putting pressure on accommodation and social services. Tourism is another factor increasing the pressure on housing affordability and social service availability.
Social services are under pressure in the Elk Valley in all of the local communities where the majority of Teck workers live, limiting access for Aboriginal and non-Aboriginal community
December 2014 C5-9 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application citizens alike. Health care access in particular is limited in the communities of Sparwood and Elkford (Golder 2011a and Golder 2011b), where there are few family doctors.
Quality affordable daycare is an issue in all of the communities, especially due to shift-work schedules and the high cost of housing in the communities.
Social services are also under pressure from housing access challenges which make it difficult to attract and retain staff. For lower wage employers and non-profit organizations, the lack of housing represents the single greatest constraint to them growing their business (Housing Strategies Inc. 2012).
C5.1.2 Social Sector Anticipated Project Effects
This section describes anticipated project effects for each VC, including identification of impact pathways, characterization of potential project effects, and recommended mitigations and actions. Figure C5.1-1 illustrates impact pathways on the social sector resulting from the proposed Project.
C5.1.2.1 Health impacts Resource projects can have beneficial effects on health and well-being in that they create jobs and provide other economic benefits that can raise the standard of living. Improved incomes can lead to improved diets and healthier lifestyles. However, such projects also have the capacity to cause adverse effects on health and well-being at the individual and community levels through both impact on the land and water and impacts in the community (Kwiatkowski: 2009, Health Canada: 2004).
If meaningful employment was made available to Ktunaxa citizens as a result of the Project, it has the potential to improve their overall health status through increased employment and income. However, the success with employment has been limited to date and, absent mitigations, the Project also has potential to cause adverse impacts. This includes reduced social and cultural cohesion and weaker Ktunaxa family networks as a result of out-migration from Ktunaxa on- reserve communities or reduced access to or perceived safety of traditional foods and practices. Ktunaxa citizens employed at the Project are also potentially subject to additional workplace health and safety risks, including long commutes, risk of workplace accident or injury, etc.
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Figure C5.1-1 FRO Swift Project Impact Pathway for Ktunaxa Social Sector (absent mitigation)
The traditional economy is essential for the health and well-being of First Nations and their citizens. The access to – and strength of ties to – land and closely associated cultural practices have an important impact on health (World Health Organization 2007). According to the Health Impact Assessment guidelines from Health Canada, social and community health may be affected negatively when individuals face a loss of cultural identity and quality of life, social disruption and violence, and a breakdown of community and family support networks as a result of a development project. Furthermore, socio-cultural well-being can be affected by increasing stress, anxiety, and feelings of alienation (Kwiatkowski: 2009, Health Canada: 2004). As stated by the Ktunaxa in the 2010 Social Sector Evaluation Plan, “For our people, health of individuals, families and communities cannot be separated from the vitality of our culture and language.” (Ktunaxa, 2010)
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There are a number of pathways that can result in less access to or use of country food in the diet. These include:
Lack of access to traditional harvesting territories, Increased access and use by non-Ktunaxa populations, Reduced numbers of animals or changes in wildlife migratory patterns, Less time due to employment, education or training, Less access due to living off reserve, Contamination of or perceived risk of contamination of wild foods56, Lack of transmission of traditional harvesting knowledge from elders due to the above factors, and Cultural change and less attachment to traditional practices.
Changes in access to or use of traditional foods can impact on the following social, economic and cultural indicators for Aboriginal people affected by resource development (Power 2008; Loppie and Wien 2009; Usher 1976):
Food security; Income security; Income equality and inequality; Cultural continuity; Self-determination and self-sufficiency;57 Social cohesion; Intergenerational relations and knowledge transfer; and Physical and mental health, among others.
Beyond the possible health impacts of the potential contaminants, lower confidence in wild food can cause increased adverse health, language and cultural impacts and other potential psychosocial effects (Health Canada, 2005). It impacts on health in a number of ways: lower physical activity levels; more store-bought food, which can often mean less healthy food; and reduced food and income security, which can increase stress levels.
The country food and traditional Aboriginal sharing economy can be an important source of food security for households, especially seniors. Reduced access can mean that the food provided
56 The intuitive risk judgments that people make influence their actions and behaviour, so that it is important to assess not just the scientific human health risk, but also what people’s perceptions are, in order to understand how they may respond to a new technology or change. (Slovic 1987; Slovic 1993; Baird 1986). 57 Self-determination is defined in this report as the ability to participate equally in political decision-making, as well as possess control over their lands, economies, education systems, and social and health services. It is not about self- government only but a broader component of autonomy that includes the degree to which members believe that they are in control of their lives on a daily basis. The degree of self-determination has been connected with health status and outcomes in Aboriginal communities (Loppie, Reading and Wien: 2009).
December 2014 C5-12 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application through the sharing in the traditional economy must be purchased instead, eroding income security and food security.
Reduced cultural continuity due to less access to the land can mean health risks beyond the direct implications of activity levels and food security. These include psychosocial health impacts, such as lack of cultural continuity, which is a factor in suicide risk (Chandler and Lalonde 2008).
The findings of the Ktunaxa Diet Study indicate that there is already behaviour change in Ktunaxa citizen practices and diet as a result of reduced confidence in wild foods due to existing or perceived contaminant risk (Fediuk et. al. 2013). Based on current knowledge, coal dust, selenium and other metal loading are of particular concern to Ktunaxa citizens. The potential water quality and other human health risks posed by the Project would exacerbate an existing real and perceived taint (experience or taste change) of country food sources.
This may have an impact on food security. As mentioned earlier, the preliminary diet study indicates that the sharing of traditional food between households remains common practice within the Ktunaxa community (Fediuk et. al. 2013). The baseline data (Section C5.1.1.1) reveal that there are food security issues within Aboriginal communities. The data on average incomes within the Ktunaxa Nation reinforce this.
Absent mitigation, Ktunaxa confidence in wild foods in the vicinity of the Project and downstream, including fish, game and plants, is likely to be adversely affected. This would contribute to an existing decline in the meaningful practice of Aboriginal rights in the form of travelling on the land and harvesting wild foods, which would have spin-off effects in the form of potential decreases in key social, economic and cultural indicators as noted above.
C5.1.2.2 Housing, Transportation and Social Services Impacts Key impact pathways for housing, transportation and social services include outmigration from the Ktunaxa reserve communities and in-migration to the regional urban municipalities.
Employment-related Outmigration The potential magnitude of adverse Project effects due to out-migration is tied to the success of Teck and KNC in attracting and retaining Ktunaxa citizens as employees at Fording River Operations. To date this has had limited success (See Section C4.1.1.4). As mentioned earlier, if successful at increasing engagement with the Ktunaxa workforce, the Project could have positive impacts on employment security and well-being.
Higher standard of income for those in mining related jobs can also cause an indirect increase in standard of living on reserve for some members. People successful in achieving mining related jobs can also be role models for others.
Concomitant adverse housing and social impacts that would have to be recognized and managed may include:
A “brain drain” phenomenon in which many of the best-educated and most highly skilled residents leave the on-reserve community;
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Reduced on-reserve population levels, reduced demand for on-reserve housing, and potential social and economic stagnation on-reserve; Increased incidence of adverse wealth-related social effects, including the potential for increased economic disparity between Ktunaxa citizens and related social conflict, and increased incidence of unhealthy coping strategies (including alcohol or addictions problems) related to stress and change; Erosion of Ktunaxa cultural and social institutions resulting from unsupported economic out- migration to communities in the vicinity of the mine; Less access to culturally appropriate services for citizens who migrate; and Reduced access to social services for off-reserve citizens impacted by increased population in proximity to the mine (i.e., lower vacancy rates, higher housing costs, higher demand on health care services and other social service delivery).
Most Ktunaxa who want to work at the Project will face either a long commute (from on or near reserve communities) or moving to a closer community or have temporary accommodation at or near the site during their work periods and returning to their homes for rest periods. Those who relocate face potential adverse impacts, including:
Experience of racism or being an outsider; Isolation and loss of community connectedness, which may result in poor coping strategies (e.g., increased substance abuse); Increased housing costs away from Ktunaxa communities; Unequal purchasing power within their new community, and increased inequality within the Ktunaxa community; and Reduced access to social services, such as health care centres, daycare services, and cultural opportunities available on or near reserve.
Out-migration for employment may impact positively and negatively on social service demands. It may reduce demand where income security is improved and poverty and unemployment reduced. However, there may also be a shift in service demand both on reserve, where shift work leaves families as effective single-parent households, and at the worksite, where workers experience challenges with both shift work and remote working as well as employment conflict issues.
Because of the relative absence of Ktunaxa employment in Elk Valley coal operations, there is currently little evidence of these potential adverse effects. However, they are potentially serious issues that should be paid attention to, and effectively monitored, should the Project proceed.
C5.1.2.2.1 Population and Demographic Change Pressures from population and demographic change in communities close to the mine have meant that housing costs have risen and pressures on social services have increased (Golder 2011a and 2011b). The magnitude of the Project’s impacts in this area will depend on the residential location decisions of those retiring from the Teck workforce as well as the new
December 2014 C5-14 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application employees during the workforce transition period. Absent mitigations, Project impacts could include:
Exacerbation of existing housing affordability and access challenges; and Increased pressures on health care and other social services.
C5.1.2.2.2 Social Sector Mitigations Ktunaxa recommended measures and mitigations relevant to the valued component of includes continued engagement with KNC in strategic planning for training and education detailed in Section C10 and summarized below:
C10.9 Based on the PEOWG Strategic Plan, and within six months of EA certification, the parties will work to identify potential transportation and housing opportunities that could improve service for Ktunaxa citizens employed by Teck (see C10.9 for examples of what that might include). C10.10 Teck will work with PEOWG to monitor and address potential beneficial and adverse social effects related to increased engagement of Ktunaxa citizens in the Teck work force: Based on the PEOWG Strategic Plan, and within six months of EA certification for FRO Swift, Teck, working with PEOWG, will develop and implement a regular ‘check- in’ program involving Ktunaxa workers at Fording River, their families, and broader communities to identify and address potential positive or adverse social effects that may occur at the individual, family, or community level as a result of increased engagement of Ktunaxa citizens in the Teck work force. Provide support to Ktunaxa to conduct a Ktunaxa census oriented survey every three years to monitor baseline trends and track positive and negative changes in socioeconomic conditions. C10.11 Consistent with the LCO Phase II Condition #26, Teck will make best efforts to collaboratively develop with the KNC a Cultural Management Plan for implementation during construction, operations, closure and reclamation. (See Section C10 for details) (see Section C10, C3 and C6 for detailed mitigations related to culture). C10.12 Consistent with LCO Phase II Condition #25 Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program. (See Section C10 and also see Cultural Management Plan C10.11).
C5.1.3 Social Sector Residual Project Effects Characterization
Table C5.1-3 provides a characterization of anticipated Project effects on Ktunaxa social sector rights and interests, assuming that mitigations and actions recommended in Section C10 are fully implemented and successful.
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Table C5.1-3 Social Sector Characterization of Residual Project Effects extent Valued Context Duration Direction Magnitude Frequency Probability Geographic Geographic components Reversibility
Housing Vulnerable / Transportation and low positive regional long high Yes High Medium Social Services confidence Vulnerable / Health low neutral to positive regional long high Yes High medium confidence
C5.1.4 Social Sector Residual Project Effects Assessment
Assuming adequate mitigations and other measures and actions recommended in C10 are in place and successful, the Project can be expected to result in low magnitude positive effect on Ktunaxa social sector rights and interests through helping address outmigration issues through provision of transportation for workers from Ktunaxa communities nearest the Project. Initiatives through PEOWG are focused on maximizing procurement and employment benefits for Ktunaxa. This assessment addresses the impacts of the Swift Project specifically. When the broader economic impacts of Valley-wide operations and joint Ktunaxa-Teck initiatives are taken into consideration social and economic effects are expected to be more positive (see Section C3 for health effects). With mitigation, improvements in health status associated with income and access are likely to be balanced by impacts to Ktunaxa health as a result of reduced access to wild foods, including fish, as a result of the Project. Residual Project effects on the subsistence economy are addressed in Section C3 and are anticipated to be adverse and significant. Social benefits resulting from the Project may be significant for Ktunaxa citizens employed at the mines, depending on implementation of mitigations.
Absent mitigations recommended in C10, social effects of the Project on Ktunaxa indicators will be negative and low magnitude as the Project can be expected to continue the pattern set by previous Elk Valley coal projects: contributing minimal positive benefits to Ktunaxa citizens by way of employment and procurement, and maintaining or intensifying social, health and housing disparities between Ktunaxa and non-Ktunaxa in the region. Given the already vulnerable economic status of many Ktunaxa citizens, further adverse residual Project social effects may be significant.
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C6 KTUNAXA RIGHTS: LANDS AND RESOURCES SECTOR
This section summarizes current understanding of Ktunaxa lands and resources rights and interests related to the Project and associated potential Project impacts. In all cases, the assessment of lands and resources valued components for this section relies upon Section B of this application. No ecological fieldwork specific to Ktunaxa rights was conducted by KNC in the Project study areas. Traditional ecological knowledge (TEK; also referred to as TK) was gathered as part of Elk Valley Use and Occupancy interviews. While we have relied upon findings in Section B, this does not imply that KNC considers these findings to be complete or adequate in all cases.
Detailed baseline and related assessment of lands and resources valued components that are closely related to Ktunaxa rights and interest are presented in the following sections of this application:
Section B2.2.3 Water Quality Assessment; Section B2.2.4 Aquatic Health Assessment (and associated Aquatic Synthesis Report Baseline); Section B2.2.5 Fish and Fish Habitat Assessment and associated Annex G (Fish and Fish Habitat Baseline); Section B2.3.1 Surficial Soils and Terrain and associated Annex H (Soils Baseline); Section B2.3.2 Vegetation Assessment and associated Annex I (Vegetation Baseline); Section B2.3.3 Wildlife and Wildlife Habitat Assessment and associated Annex J (Wildlife Baseline); Section B2.3.4 Biodiversity Assessment; Section B3.4 Archaeology Assessment and associated Annex M (Archaeology); and Section B3.5 Human and Terrestrial Wildlife Risk Assessment.
The consideration of impacts from the proposed Project on the Ktunaxa lands and resources valued components (see Table 1.8-1, Section C1) relies on data in these sections; however, we provide a separate characterization of Project effects from a Ktunaxa perspective and understanding, based on an endpoint of Ktunaxa rights and interests.
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Overview As noted in the introduction to Section C1, ʔaknumu¢tiŧiŧ (Ktunaxa law) and ʔaqaǂq’anuxwatiǂ (oral history) are both sacred and legal in nature. Ktunaxa land use rights are based on a sacred covenant with the Creator, whereby, in exchange for the land providing the Ktunaxa with the necessities of life, the Ktunaxa are responsible as stewards of the lands and resources in their traditional territory.
For thousands of years the Ktunaxa have honored a covenant with the Creator to protect their extensive homelands by serving as the true guardians of the region. In exchange for this service the Ktunaxa were granted sustenance through the use of the abundant resources in the area.
Since time immemorial, the Ktunaxa people have coexisted with Mother Earth’s creations in their natural habitat. Even today, Ktunaxa stewardship requires the utmost respect and protection for all elements of the natural world. As guardians, Ktunaxa people believe that life has little value without a true appreciation of the integrity of the environment and a genuine regard for all that is sacred. (Kootanai Cultural Committee in Montana 1997: p. xii)
As noted in Section C1, the Lands and Resources Sector of the KNC is managed by the Ktunaxa Lands and Resources Agency (KLRA) on behalf of the Ktunaxa Nation. The foundation of the Ktunaxa’s philosophy of stewardship of lands and resources is based in their recognition that they are part of the land. The Ktunaxa have terms that address the natural world and how people are a part of it. ʔakuk’pukam speaks to anything that gets life from the earth through roots. ʔakuk’pukamnam adds the human dimension, whereby the earth’s life is translated into human life. That is, the Ktunaxa have roots that tie them to the territory, and they are of the earth. In other words, they believe that what they do to the earth, they do to themselves and to future generations.
The Ktunaxa phrase that captures interconnectedness and the stewardship concepts applicable to land management is yaqaŧ hankatiŧiŧki na ʔamak. This phrase translates to “our people care for the land, the land cares for our people.” It is about the Ktunaxa’s relationship with the land. Caring for the land also includes both local and more global perspectives. Ktunaxa recognize the global impacts of their stewardship, and of coal mining and use, including through carbon emissions and associated climate change.
Ktunaxa laws also include the concept of ‘only taking what you need.’ Within the Ktunaxa vision, this concept, as well as other components of Ktunaxa law, is applicable to everyone who seeks to live on this land. Some steps towards reconciling this concept with the current scale of coal mining can be achieved through the concept of ‘giving back to the land.’ In the Elk valley coal mining context, ‘giving back’ suggests a powerful drive towards restoration of ecology and cultural relationships, and rigorous stewardship. It also suggests that the rate of mining needs to be adjusted in consideration of ecological and cultural sustainability and integrity.
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Flowing from this philosophy of interconnectedness, the KLRA maintains the following stewardship objectives:
Fulfilling the Ktunaxa Nation’s stewardship responsibility and exercising the Ktunaxa Nation’s inherent right to make decisions regarding lands and resources within the Ktunaxa territory; Restoring and conserving ecosystems, biodiversity, fish and wildlife populations and plant communities; Maintaining, protecting and enhancing Ktunaxa aboriginal rights, including aboriginal title, as a whole; Identifying, protecting, and managing cultural heritage resources (inclusive of archaeological sites, traditional use sites, oral history, artifacts, landforms, and archival resources); Reducing the carbon emission and climate change impacts of coal mining and use; Developing Ktunaxa stewardship knowledge and capacity; Managing social impacts associated with development of lands and resources; Benefiting from economic opportunities; The general health of the environment; and Restoring lands and ecosystems that have been damaged through lack of adherence to ʔaknumu¢tiŧiŧ. (KLRA Policy Framework; KNC 2011).
C6.1 Ktunaxa Lands and Resources Baseline
Two biogeoclimatic zones dominate the Elk Valley and Project area: the Engelmann Spruce– Subalpine Fir (ESSF) zone and the Montane Spruce (MS) zone (Braumandl and Curran 2002). Biogeoclimatic units in the Project area are described in Annex I.
As introduced in section C1 (Table 1.8-1), for the purposes of this assessment, the following VCs are use to assess impacts to lands and resources:
biodiversity, including connectivity; the quantity and quality of habitat for rare species, ungulates, large carnivores, and fish; and important ecosystems for biodiversity, including old growth forests, high elevation wetlands, grasslands and parklands; plant richness and ecosystems of cultural importance; ecosystem health, including water quality, air quality, lake stewardship and channel morphology; long term soil productivity and slope stability; and archaeology.
Table 6.1-1 lists each of the VCs and indicators under the Lands and Resources VC, and describes the spatial scale at which they are assessed, making reference where relevant to spatial scales defined in Section B of this report.
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Reference is also made to VCs and indicators from other sectors. Water is included under ecosystem health using inputs from the assessment in Section C2.1.
Table C6.1-1 Indicators and Metrics in Lands and Resources VC with Spatial Scale of Assessment Noted Valued Component Indicator(s) LSA RSA - Impacts to important ecosystems: old growth forests; open forested parklands; grasslands; wetlands Ktunaxa LSA Ktunaxa RSA Biodiversity - Connectivity - Quantity and quality of habitat for rare species, ungulates, large carnivores -Quantity and quality of habitat for fish Ktunaxa LSA Ktunaxa RSA Plant richness and -Impacts to ecosystems of cultural Footprint perimeter Terrestrial LSA ecosystems of cultural importance, based on analysis of Ktunaxa (Figure A3.1-2 in Project (Figure B2.3.2-1) importance important plant occurrence Description) -Water quality -Lake stewardship Ktunaxa LSA Ktunaxa RSA Ecosystem health -Channel morphology -Air quality Ktunaxa LSA Ktunaxa RSA Long term soil -Soil productivity Ktunaxa LSA Ktunaxa RSA productivity -Slope stability Archaeology -Ktunaxa archaeological sites Ktunaxa LSA Ktunaxa RSA
C6.1.1 Ktunaxa Perspectives on Biodiversity
For the purpose of the Project, the Ktunaxa Nation understands the maintenance of biodiversity to mean maintaining the health, quantity, and variability of all living things within Ktunaxa lands at levels equivalent to pre-1900 conditions. Maintaining biodiversity requires the protection of individuals, populations, species, communities and habitats, including ecosystem structure and processes. While the Ktunaxa recognize that their lands and waters are alive, and therefore evolving, no human actions should change the presence, range, or distribution of plants or animals in ways that threaten the future practice of Ktunaxa culture and way of life. Appendix C-V provides more information on the Ktunaxa definition of biodiversity.
For the purposes of this section, biodiversity is represented by a number of measures related to key ecosystems that support biodiversity, including high elevation grasslands and parklands, wetlands, and old growth forests; the occurrence of habitat for rare species, ungulates, carnivores, and fish; potential Project impacts on habitat connectivity; and impacts of prolonged road use on wildlife. The biodiversity assessment uses information primarily from Sections B2.3.2 (Vegetation), B2.3.3 (Wildlife), and B2.3.4 (Biodiversity), along with their associated Annexes. Section B2.3.2 assesses impacts to vegetation from the proposed Project, both at the level of individual species and communities or ecological groups (e.g., ecologically meaningful and culturally important plant groups58). Section B2.3.3 looks at impacts to habitat suitability and
58 Section B2.3.2 contains an assessment of impacts to culturally important plants associated with various ecosystem types, considered by seral stage and nutrient/moisture regime. Section C contains a revised assessment of impacts from the Project on culturally important ecosystems using a finer scale, and should be used as the primary reference for assessing impacts of the proposed Project on Ktunaxa rights related to accessing culturally important plants.
December 2014 C6-4 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application connectivity for 10 wildlife species that occur in the Fording River area, selected based on a series of rationales outlined in Table B2.3.3-1. The biodiversity assessment summarized in Section B2.3.4 examines effects to ecosystems as functional units, focusing on four key habitat areas: wetlands; riparian areas; old growth forests; and high elevation grasslands.
The FRO Swift Project terrestrial LSA includes several ecosystems that are noted by Ktunaxa knowledge holders as particularly important for maintaining biodiversity, including grasslands and open forests, wetlands, aquatic habitats, and old growth forests.59 The Elk Valley is known to be particularly rich in both the diversity and health of biota, with grassland and open forest areas in the region providing habitat for a high number of rare and endangered species (see below). Open old growth forests are critical for maintaining habitat for certain old growth obligate species; the structure and distribution of old forests in the region have been significantly altered since the late 1800s, primarily due to fire suppression and industrial logging (see summary in Section B2.3.4.2.2.3). Aquatic and riparian ecosystems have been affected by existing mining in the Fording River tributaries and the upper Fording River. Historical mining operations have reduced and degraded habitat for fish and invertebrates in the upper Fording River and its tributaries.
According to documents prepared by Matrix Solutions Inc. on behalf of Teck for the proposed Project, there are at least 23 provincially-designated red- or blue-listed species potentially occurring within the RSA. At least 18 of these are federally listed species. Four of the 18 federally listed wildlife species—American badger (Taxidea taxus jeffersonii), grizzly bear (Ursus arctos), olive-sided flycatcher (Contopus cooperi), and western toad (Anaxyrus boreas)—were considered in the assessment of impacts from Fording Swift on wildlife species (B2.3.3). Other wildlife species, including Canada lynx, elk, bighorn sheep, northern goshawk, and Gillette’s checkerspot, were selected to represent a variety of taxa, environmental conditions and ecological roles that have the potential to be affected by the Project (Section B2.3.3.1.3.1). The FRO Swift assessment did not include all species that may be sensitive to mine effects on riparian areas, though the Project is likely to have an impact on these areas. Additionally, there is limited understanding in current studies of likely effects of mining activities on sensitive species such as amphibians and aquatic birds. Impacts to riparian habitat were assessed on an ecosystem basis under the Biodiversity assessment (Section B2.3.4). The Ktunaxa perspective incorporates a fine filter, species-based approach, particularly with respect to riparian-dependent biodiversity elements.
For the Ktunaxa, ungulates are cultural keystone species because of their importance for subsistence hunting and guide outfitting opportunities, as well as their ecological value. The health (quality and quantity) of ungulate populations is a prerequisite for the practice of Ktunaxa rights in the Elk Valley. Key ungulate species noted by Ktunaxa elders and land users in the Elk Valley, and in particularly in the Ktunaxa regional study area, include: bighorn sheep (kwiǂqǂI; Ovis canadensis); elk (kiǂqʔaǂǂI; Cervus elaphus); goat (kyanukxu; Oreamnos americanus); moose (ni¢napku, Alces alces), and white tailed and mule deer (kamnuqǂuqat and ¢upqa; Odocoileus spp.).
59 Note: Section B2.3.4 also assesses impacts to riparian habitat.
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Interviews with Ktunaxa land users indicate that ungulate species use in the Project area in all seasons, and that important winter range for sheep and movement corridors exist within the local study area, and within the current operational boundary of the mine (see environmental feature in Figure C6.2-1). As shown on the environmental features map in Figure C6.2-1, the LSA includes known habitat for moose, deer and elk, including an important sheet winter range area.60 While the data in Figure C6.2-1 shows the sheep winter range overlapping with the Project footprint, a closer examination of the distribution of habitat shows that this winter range is outside of the proposed footprint. Project impacts on habitat suitability and connectivity for bighorn sheep are assessed in Section B2.3.3 of the FRO Swift Project assessment, and further details are provided in Annex J. Though the assessment concludes that habitat for bighorn sheep will increase as a result of this Project, Ktunaxa citizens remained concerned about the health of bighorn sheep subsisting primarily on reclaimed mine areas.
Carnivores, including grizzly bear (kǂawǂa, Ursus arctos horribilis), black bear (nupqu, Ursus americanus), wolves (ka·kin, Canis lupus), wolverines (ʔa¢̕pu, Gulo gulo), cougars (swaʔ, Puma concolor) and others were identified through interviews with Ktunaxa knowledge holders and through Ktunaxa planning documents as being of concern in the Elk Valley. In particular, grizzly bears are an animal of very high cultural and spiritual value to the Ktunaxa (a cultural keystone species). Ktunaxa knowledge holders established in interviews and community meetings that grizzly bears are very sensitive to human disturbance, and require large home ranges relatively free of disturbance. The Ktunaxa Qat’muk declaration states that “importance for Grizzly Bear Spirit is inextricably interlinked with its importance for living grizzly bears now and in the future” (see more at: http://www.qatmuk.com/#sthash.BUEodox5.dpuf). Scientific literature confirms that their behaviour is affected by human disturbance (McClellan 199061) and they require large home ranges with reduced or restricted access to fulfill their habitat needs. Ktunaxa knowledge holders consider passes and watersheds to the east and west of the Project to be critical grizzly bear habitat. Highway 3 south of the Project is considered to reduce demographic and genetic connectivity for bears. Grizzly bears are designated a “species of special concern” by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC); they are blue-listed in British Columbia. The assessment of Project impacts on grizzly bear habitat is provided in Section B2.2.3, and further details are provided in Annex J.
C6.1.2 Ktunaxa Perspectives on Fish Occurrence and Habitat
So right at the [Elk River] bridge, when I was a kid there, we would go fishing there. ... We would catch trout. My stepfather ... He loved fishing and that was one of things that we would do is we would go fishing there, Elk River quite regularly. We were kids. When he caught this big bull trout, it was huge, I was able to put my arm inside of its mouth right up to my shoulder. S01, 6-28-2012
60 To account for margin of error and to protect confidential information, all KNC data were randomized and buffered. Points were randomized by 250 m, and then 1 km buffers were generated around all points, lines, and polygons. Because points are anchors for a wider practice of rights, the 1 km areas are considered to be a more accurate representation of Ktunaxa rights and interests than a mathematically precise point would be. 61 McClellan, B. 1990. Relationship between human industrial activity and grizzly bears. Int. conf. Bear Res. And Manage. 8:57-64..
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Fish and fish habitat are critical to the maintenance of KNC rights, interests and practices for ecological, cultural subsistence and commercial values, particularly in light of the historic loss of salmon from the upper Columbia after the construction of the Grand Coulee Dam. Fish and aquatic species reported harvested by Ktunaxa citizens in the aquatic RSA, including Koocanusa Reservoir, include:62
Westslope cutthroat trout (qustit’; Oncorhynchus clarkii lewisi); Mountain whitefish (matit’; Prosopium williamsoni, sometimes called grayling); Bull trout (tuhuǂ; Salvelinus conthrentus);63 Burbot (Ling or ʔaq̓ uǂam; Lota lota); Kokanee salmon (swaq̓ mu; Oncorhynchus nerka); Rainbow trout (qustit’; Oncorhynchus mykiss); Fresh water mussels (ǂaqǂi; Margaritifera spp.); Pikeminnow (sometimes called squawfish or q̓ uyu; Ptychocheilus oregonensis); and, Suckers (q̓ umi; Catostomus spp.); and White sturgeon (wiyaǂ; Acipenser transmontanus).
In the area of Koocanusa Reservoir and Tobacco Plains, burbot ice fishing in winter is of particular cultural and historic importance. In the 1930s (Schaeffer 1940: 40), Ktunaxa knowledge holders reported winter fishing for ling (burbot) as a particularly important focus for the Ktunaxa annual round. Burbot, alongside cutthroat trout and other species, are of particular concern for the Ktunaxa Nation. The winter fishery for burbot in Koocanusa Reservoir (formerly the Kootenay River) remains of great importance for the Ktunaxa Nation.
A distinct population of westslope cutthroat trout (WCT) is the only fish species documented to occur upstream of Josephine Falls in the Fording River (i.e., within the upper Fording River and its tributaries). Westslope cutthroat trout are blue-listed by the province of British Columbia and listed as a species of special concern under the federal Species at Risk Act (B2.2.5). WCT feed primarily on aquatic and terrestrial macroinvertebrates. In 2012, Teck initiated a four-year study to examine the health of WCT populations in the upper Fording.
62 Brook trout, pumpkinseed sunfish, largemouth bass and yellow perch are also found in the system but are not indigenous to the upper Kootenay River. Likewise, rainbow trout and Kokanee are not part of the original population of fish found in this area, but have been transplanted there, either accidentally or deliberately. Rainbow trout and brook trout are a concern that has been identified as a threat for both WCT and bull trout. These and other non-native species are a concern and potential threat to a number of native species (plants, animals, fish) that KNC is working to address through other venues, including the Ktunaxa Fish and Wildlife Management Committee (KFWMC) and AFSAR (Aboriginal Fund for Species at Risk)/All Living Things programs of the Lands Sector. 63 Note that bull trout are sometimes also referred to as Dolly Varden (Salvelinus malma), a separate species that is not present in the Elk River system. Though Dolly Varden appear in the fish collection records and are reported as being present in the Elk River system by Ktunaxa citizens, all occurrences are considered bull trout.
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Staff from CCRIFC and KNC have played leadership roles, working with the provincial and federal governments, in developing management plans and recovery strategies for a variety of species at risk (including white sturgeon and northern leopard frog). The Ktunaxa have and will continue to be involved in developing management plans for westslope cutthroat trout and bull trout, among other species and have made significant contributions to data collection for white sturgeon, bull trout, westslope cutthroat trout, Umatilla dace, sculpins, burbot, salmon, etc. KNC/CCRIFC staff members have also provided significant input into hunting and fishing regulations and other management plans (i.e. Whiteswan Lake, Kootenay Angler Management Plan 64 ). The Ktunaxa have played a very strong leadership role in fish and fish habitat assessment, management and restoration across the entire traditional territory, including the Elk River system. In particular, given that hybridization/genetic introgression is one of the important threats to cutthroat trout and bull trout, the above barrier populations (including WCT in the Fording and Elk Rivers, which fall within the LSA, as well as bull trout both upstream of Elko and the adfluvial population below Elko and in the Wigwam) are especially important for conservation of the species, as are the burbot upstream of Libby Dam/Koocanusa Reservoir.
Reported Ktunaxa fishing areas within the Project RSA are illustrated in Figure C5.2-2. To account for margin of error and to protect confidential information, all KNC data was randomized and buffered. Points were randomized by 250 m, and then 1 km buffers were generated around all points, lines, and polygons.65 While these polygons represent specifically identified areas where Ktunaxa citizens target certain fish species, it is important to note that Ktunaxa citizens broadly use waters within the Elk River and Koocanusa Reservoir to support fish harvesting areas. Hence, activities that affect fish production or fisheries use (such as access restrictions) adversely affect Ktunaxa citizens.
See section B2.2.5 for a list of streams found within the boundaries of the Project LSA and their fish status in terms of presence/absence of WCT, the only fish found within the Project LSA. While no contemporary food-related fishing by Ktunaxa citizens has been documented within the Project LSA (potentially due to concerns about contamination and access limitations from existing Fording River operations), Ktunaxa citizens regularly fish downstream of the Project within the RSA.
64 McPherson, S.M. and M.D. Robinson. 2013. Whiteswan Lake Provincial Park Fisheries Management Plan. Prepared by Lotic Environmental Ltd. for the Ministry of Forests, Lands and Natural Resource Operations. 65 The randomization process and reasoning behind it are explained in Section C1 and Appendix CVIII. It is important to note that each point on the map may not represent the exact location where the activity occurs. Further limitations to data collection, including the fact that absence of data does not imply absence of use, are noted in Section C1.
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C6.1.3 Ktunaxa Cultural Plant Baseline
…And our plants…some of these plants are endangered. They are on the species at risk and I’m just trying to do what I can to save and keep our plants. A04, July 9, 2012
While documentation of ethnobotanical knowledge was not a focus of Ktunaxa knowledge and use interviews (see Section C Methods), Ktunaxa knowledge holders highlighted the importance of plants and vegetation for human use, and as habitat for other living things in qukin ʔamakʔis. Beyond use, all indigenous plant species are understood to have inherent value as part of biodiversity and as part of the unique ecosystems that sustain Ktunaxa rights. The knowledge of how to use certain plants may not currently be held, or may not be reported, by Ktunaxa citizens, but may become known, or be reported, in the future.
Ktunaxa knowledge holders have identified at least one culturally important plant collection area within the Ktunaxa LSA, a known site for collecting huckleberries, soopalallie (buffaloberry) and Saskatoon berries. This site is included in the mapped subsistence values shown in Figure C6.1-1.66 Ktunaxa citizens are very concerned about the potential impacts of the proposed Project, particularly in combination within existing projects within the Elk Valley, on plants of cultural importance. As described above, the Ktunaxa Stewardship principles emphasize the importance of maintaining a wide variety of culturally and ecologically important plants. In light of this mandate, the analysis uses an ecosystem-based approach to assessing impacts to culturally important plants, rather than a species-specific approach.
This assessment relies on vegetation fieldwork completed by Summit Environmental Consultants, Matrix Consultants and Golder on behalf of Teck, summarized in Section B2.3.2 and Annex I. The assessment of impacts to culturally important plants contained in Section B2.3.2 is based on a very broad and simplified set of assumptions about the ability of soil moisture regime to predict plant occurrence. The summary provided below presents a finer scaled assessment of impacts to culturally important plants approved by the Ktunaxa.
66 To account for margin of error and to protect confidential information, all KNC data was randomized and buffered. Points were randomized by 250 m, and then 1 km buffers were generated around all points, lines, and polygons.
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Figure C6.1-1 Environmental Features within the Ktunaxa RSA
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Figure C6.1-2 Fish Values within Ktunaxa RSA67
67 Based on correspondence with KNC staff, the rainbow trout and kokanee populations throughout the RSA are non- native and were introduced either intentionally or accidentally. Rainbow trout and brook trout have been identified as a threat for both WCT and bull trout.
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Culturally Important Plants Methods A list of culturally important plants that may occur in the LSA was developed through a literature review, a review by ethnobotony expert Mike Keefer, and discussions with community knowledge holders in a focus group in Cranbrook. This list was cross-referenced with the data from field plots done in each of the ecosystem/seral stage combinations to compile a list of culturally important plants found in each ecosystem/seral stage combination. Information on ecosystems, including nutrient and moisture regimes, was drawn primarily from Land Management Handbook 20 (MFLNRO 200268).
A review of existing literature, input from ethnobotony expert Mike Keefer and review by Ktunaxa knowledge holders (July 2014 Focus Group), suggests that 134 Ktunaxa culturally important plants are likely to occur within the Fording Swift LSA (Keefer, unpublished list). These plants grow in ecosystem types ranging from dry, upland forests and grasslands to wet forests, wetlands, and riparian habitats. The Diet Study in part describes the extent to which some of these culturally important plants are consumed by Ktunaxa citizens (Fediuk et al. 2013).
Ecosystems were described and sorted using baseline data from Section B2.3.2 to determine the distribution of ecosystems by sites series and seral stage within the footprint and LSA (footprint plus buffer). This information was compiled for all ecosystems/seral stage combinations found within the Project footprint. For forested ecosystems, we grouped seral stages into early (1a/sparse; 1b/bryoid; 2a/forb-dominated; 2b/graminoid-dominated; 2d/dwarf shrub-dominated; 3a/low shrub; 3b/tall shrub; 4/pole-sapling) mid (5/young forest); late (6/mature forest); and old (7/old forest). Non-forested ecosystems were categorized as disturbed or undisturbed. We removed all ecosystems that were classified as non-vegetated or sparsely vegetated due to previous industrial disturbance, including sites classified as gravel pits, mines, mine tailings, reclaimed mines, road surfaces, rubbly mine spoils, beach, gravel bars, exposed soils, blockfields/blockslopes/blockstreams, cliff, rock outcrop, talus, canals, lakes, ponds, rivers and shallow open waters.
For all of the remaining ecosystem/seral stage combinations, we calculated the area (ha) in the footprint, the area (ha) in the LSA, and the relative distribution within the footprint compared to the LSA (as a percentage).
The analysis links cultural plants to associated ecosystems and discusses the importance of the various ecosystem types found within the footprint perimeter and the LSA for these plants. The relative cultural importance of ecosystems found in the footprint was ranked as either “high” or “moderate” depending on three factors:
Relative distribution of the ecosystem/seral stage combination within the footprint perimeter, including both the total area in ha and the percentage of the distribution within the LSA that is found in the footprint perimeter. If 20 per cent or more of the ecosystem was found within the footprint, it was ranked 1. If less, it was ranked 0.
68 MFLNRO 2002. A field guide for site identification and interpretation for the Nelson Forest Region. LMH# 20. URL: http://www.for.gov.bc.ca/hfd/pubs/Docs/Lmh/Lmh20-1.pdf.
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Total count of culturally important plant occurrences within the ecosystem/seral stage distribution. If 20 or more occurrences were recorded, it was ranked 1. If less, it was ranked 0. Total number of high importance cultural use plants found within the ecosystem/seral stage. From the complete list of 134 plants, a subset of 34 Ktunaxa high importance plants was identified that may occur in the footprint, with input from Keefer (pers comm, 17 Oct 2014).69 If five or more high importance plants were recorded within an area, it was ranked 1. If less, it was ranked 0.
Ecosystem/seral stage combinations that were ranked 2 or 3 were considered to be of high importance to the Ktunaxa, while ecosystems that were ranked 1 or 0 were considered to be of moderate importance.70
Data Limitations Below are the limitations of both the data and the analysis applied at this time for Fording Swift:
The list of Ktunaxa culturally important plants is based on the plants that were found in field work done by Teck’s consultants. While sampling effort with the Project footprint was robust, due to the diversity of plant communities, patchy distribution of plants and the nature of field sampling, the list does not include all of the culturally important plants that could potentially be found in this area. The field data have some gaps, including missing information for some ecosystem/seral stage distributions, even though they were relatively widely distributed within the footprint, and potential misidentification of some species. The analysis presented here compares the footprint perimeter (Figure A3.1-2) to the Terrestrial LSA (Figure B2.2.3-1). This area includes some sites adjacent to major infrastructure that will not be directly disturbed by the Project; however these sites fall within a reasonable zone of influence for the Project and include ecosystems immediately adjacent to the mine footprint that will be impacted by the Project. The analysis should be considered a relatively conservative analysis of the Project impact on culturally important ecosystems.
Within the limits of the data and the approach used, this analysis provides a good framework for understanding the impact of industrial conversion on these ecosystems and the associated Ktunaxa rights in terms of culturally important plants.
Table C6.2-1 summarizes the distribution of ecosystem/seral stage combinations within the footprint perimeter and LSA. In total, there are thirteen ecosystem types within the footprint perimeter, three of which are classified as wetlands, three as wet forest, five as intermediate
69 This subset was based on Mike Keefer’s knowledge of Ktunaxa plant uses and requires verification with Ktunaxa knowledge holders. High importance plants were selected on the basis of their direct use by Ktunaxa citizens for food or medicinal purposes. Though this analysis helps from a western ecology perspective to identify high importance plants, Ktunaxa citizens have clearly expressed that all plants are important within an ecosystem, regardless of use. 70 Given the Ktunaxa definition of biodiversity, no ecosystem can be considered low importance.
December 2014 C6-13 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application forest, and two as dry forest. Based on this analysis, the ecosystems that are both most highly impacted by the proposed Project and contain the most culturally important plants are described as part of Project effects.
C6.1.4 Ktunaxa Ecosystem Health Baseline
Water baseline and project related effects are summarized in section C2 and detailed baseline is provided in section B2. Surface Water Quality is considered as a measurement indicator for the VCs and assessment endpoints identified in the aquatic health (Section B2.2.4), human and terrestrial wildlife health (B3.5) and fish habitat (Section B2.2.5) and geochemistry (Annex C) assessments.
In terms of air quality, according to section B2.1.1, air emissions from a coal mine can include particulate matter (PM), sulphur dioxide (SO2), nitrogen oxides (NOx), carbon monoxide (CO) and greenhouse gases (GHGs). The largest source of PM emissions within the RSA is industrial point sources (i.e., Elkview Operations, Greenhills Operations, Line Creek Operations, and Coal Mountain Operations) and open sources (i.e., road dust). Within the existing FRO operations, the largest source of PM emissions is unpaved roads. The largest sources of SO2 and NOx emissions within the RSA are point sources (i.e., oil and gas facilities). The largest source of CO emissions within the RSA is mobile sources (i.e., vehicles and non-road equipment). For the existing FRO, the largest source of CO and NOx is the operation of haul trucks and other diesel-fuelled equipment, while for SO2 the thermal coal dryer is the largest source. The largest source of GHG emissions in the RSA was not determined; the existing FRO releases the equivalent of 883 kilotonnes (kt) of CO2 to the atmosphere, representing 1.4% of total reported GHG emissions in BC and 0.1% of total GHG emission in Canada (Section B2.1.1). Main types of GHG emissions from the Project include combustion emissions of CO2 and fugitive CH4 emissions from coal beds and stockpiles (Section B2.2.1, p. B2.1-5).
According to subsection B2.2.1, the baseline shows infrequent high dust episodes causing up to 10 exceedances of the provincial dustfall objective at local monitoring stations over the last 10 years. PM concentrations in the RSA and LSA beyond no authorized entry boundaries are relatively low, with infrequent exceedances of ambient air quality objectives.
Through field visits, interviews, and meetings, Ktunaxa land users and elders also raised more general concerns including:
air-based contamination of elk browse (leave and twigs important to elk), water, and wild foods; impacts of industrial smells on Ktunaxa sense of place and experience in the Elk Valley; and greenhouse gas emissions, their contribution to changing climates and resulting impacts throughout Ktunaxa lands and beyond.
Ktunaxa citizens have also expressed concerns in the Elk Valley about “black snow”—particulate matter in snow—and the potential impact of large fluxes of material being washed into watercourses during rain on snow, melting and flooding events. There is little information
December 2014 C6-14 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application available on the potential for pulses of trapped contaminants deposited via air particulates to impact water courses in the Upper Fording.
C6.1.5 Ktunaxa Perspectives on Soil Retention and Slope Stability Baseline
Ktunaxa oral history recognizes the lands and waters of the Ktunaxa territory as alive. Stories tell of historical beings, travels, and battles that have left marks on the landscape in Ktunaxa lands, including the Elk Valley. From a Ktunaxa perspective, natural geological and terrain features provide a connection to ongoing creation, and are often associated with special meaning and cultural importance within the context of Ktunaxa knowledge and especially the Ktunaxa creation stories. While there are specific geological features within the Elk Valley that are of exceptional cultural importance, no special features of this nature were reported within the LSA. Questions specific to geology, soils and terrain were not included in Ktunaxa knowledge and use interviews (see Appendix CVIII), but participants expressed:
concern that post-Project reclamation will not restore the micro-organisms and organic soil components necessary for diverse and sustainable ecosystems; concern that post-Project soils will have too much coal content, and will not survive episodic forest fire cycles that are natural in the upper Elk; deep concern regarding mountain top removal mining and its potential for changing ecological, water, and weather patterns, as well as permanently altering the Ktunaxa cultural landscape; the importance of contouring and creating diverse habitats (including rock piles and escape terrain) for wildlife; and doubt regarding the ability of proponents to successful reclaim the land after coal mining and “put things back together,” including soil stability and productivity.
C6.1.6 Ktunaxa Perspectives on Archaeology
Archaeological baseline is reported on in subsection B3.4. Ktunaxa perspectives on tangible and intangible cultural heritage within the LSA and RSA are addressed in subsection C3.
C6.2 Ktunaxa Perspectives on Lands and Resources Sector Anticipated Project Effects
Figure C6.2-1 shows anticipated impact pathways for the proposed FRO Swift Project on valued components associated with the Lands and Resources Sector.
In the absence of mitigation, the proposed FRO Swift Project will result in ground disturbance within the LSA, sensory disturbance within the LSA and RSA, impacts to air and water quality within the LSA and RSA, destruction of habitat within the footprint and LSA, sensory impacts to wildlife within the LSA, and impacts to slope stability and increased risk of soil erosion. Absent mitigation, these impacts have the potential to destroy or disturb archaeological sites, wildlife
December 2014 C6-15 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application habitat and aquatic habitat, and increase contamination of air and water within the LSA and RSA. The result is potential impacts to human, fish and wildlife health, reduced habitat and decreased connectivity for wildlife, fish and plant populations, increased wildlife mortality from vehicle collisions and non-aboriginal hunting pressure, and loss of productivity due to soil erosion. Key endpoint impacts for the Ktunaxa include lost or impaired sense of place and suitability for Ktunaxa practice, reduced quality of drinking water on the land, and loss of biodiversity, including reduced quality and quantity of harvestable fish, wildlife, and wild plant populations within the RSA. These impacts are linked to documented impacts within other sectors and will be felt cumulatively with existing impacts within Ktunaxa traditional territory. The details of these impacts are discussed in sub-sections below.
Figure C6.2-1 FRO Swift Project Impact Pathway for Ktunaxa Lands and Resources (Absent Mitigation)
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C6.2.1 Ktunaxa Perspectives on Project Effects on Biodiversity71
Absent mitigations, the Project will remove habitat within the LSA and is likely to have an adverse effect on biodiversity during all phases of the Project. Additionally, there is likely to be a loss of biodiversity within the regional study area due to habitat fragmentation and disturbance through all phases of the Project particularly within the context of existing industrial disturbance. These losses occur within the context of already significant pre-project effects, as discussed in Section C7. All text below refers to the development case in the absence of mitigations.
Specific to high elevation grassland habitat, the LSA contains grasslands; however, the Project footprint does not. The footprint in its current state has been degraded by previous industrial activity. It is not known whether areas that have been converted by previous industrial impacts within the footprint were historically grassland areas. Grasslands throughout the region have been degraded through historical management practices and increased development pressure (agricultural grazing, recreational use, ATV use, and fire suppression, among others). The Project will indirectly impact high elevation grassland habitats by contributing to a loss of connectivity between these habitats throughout the duration of the Project. Specific to open parkland forests, the Project will remove these habitat types from the footprint and indirectly impact them within the LSA. It is unlikely that open parkland forests that will be removed by the proposed Project will be able to be reclaimed to pre-disturbance equivalent function. Other areas of high elevation parkland exist within Ktunaxa Traditional Territory, and may offer habitat of comparable value and with similar attributes.
The assessment in Section B2.3.4 does not include a consideration of impacts to open parkland forests; Section B2.3.4 concludes that the increasing populations of bighorn sheep in the area suggest that grassland within the RSA, though impacted by ingress and open-pit mining, is generally of sufficient quality and quantity to support current populations of grazing ungulates72. Ktunaxa knowledge holders emphasize the importance of the presence of fine scale elements of grasslands and open parklands habitats for cultural use plants and for other species that are dependent on grasslands and open parklands at this scale. Given the importance of these open parkland/grassland areas for Ktunaxa plant collection, the loss of intact, late seral parkland is concerning to the Ktunaxa.
The removal of wetlands will be permanent and will adversely affect biodiversity. According to the biodiversity assessment (Section B2.3.4), wetlands make up between 211 – 708 ha of the LSA, depending on the scale of analysis73. Within the RSA used in the analysis in B2.3.4, 1,783 ha are classified as wetlands. Data received from Teck’s consultants indicate that 54 ha of the footprint are currently classified as wetland, a number that likely underestimates the actual distribution of wetlands within the footprint pre-development. Given the difficulty with which these ecosystem
71 See Sections B2.3.2 (Vegetation), B2.3.3 (Wildlife and Wildlife Habitat) and B2.3.4 (Biodiversity) for an assessment of biodiversity, road access and connectivity, and linkages with other disciplines.
72 See p. 2.3-44 of Section B2.3.4 73 See p. 2.3-26 of Section B2.3.4, which explains this range.
December 2014 C6-17 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application types are re-established (as referenced in section B2.3.4, p. 2.3-7), the Ktunaxa have serious concerns regarding plants and animals associated with these ecosystem types74.
Old growth forests within the Project footprint will be removed by the proposed Project; Section B2.3.4 (Biodiversity) estimates that between 63-76 ha of old growth will be lost, including both old growth ESSFdk1/101 and old growth ESSFdkw/101, an open forest woodland variant, Given the importance of old growth forests for supporting critical elements of biodiversity, and the length of time (i.e., centuries) required to replace these ecosystems, the Ktunaxa are deeply concerned about the loss of these ecosystems for future generations of Ktunaxa citizens.
In terms of road access, the proposed Project will use existing roads where possible. As a result of the Project, existing road use would be maintained over a longer duration (at least another 30 years), with increased duration of vehicle traffic and rail traffic during construction and operation. This increased life span of road access will preclude restoration of road areas in the near future and will extend the risk for mortality of animals (due to vehicle collisions over a longer span of time, or indirectly as a result of hunting or disturbance) and the potential loss of connectivity linking seasonal habitat, especially along Highway 3. Road access duration may impact badger (Taxidea taxus), a federally-listed endangered species. As a result of the Project, road use will be prolonged; road kill is a significant cause of badger mortality where they are attracted to roadsides to access prey (see more on badger below under rare species).
While questions specific to noise were not included in Ktunaxa knowledge and use interviews (see Section C Methods), concerns regarding Project-related noise disturbance, including disturbance from traffic on roads and highways, blasting and operation of heavy equipment, and resulting effects on wildlife, and avoidance of area surrounding mine operations by Ktunaxa citizens, were raised as concerns. Section B2.1.2 (Fording River Operations Swift Project Noise Assessment) of the assessment states that no noise-sensitive receptors were identified based on the BC Oil and Gas Commission Guidelines; the assessment does not explicitly consider impacts of increased noise on Ktunaxa use in the area. The Ktunaxa have expressed their discomfort and concerns with hunting and gathering food in areas that are heavily disturbed by noise. Additionally, from the Ktunaxa perspective, noise associated with construction and operation of the Project will contribute to a loss of connectivity linking important habitat elements (e.g., seasonal habitat, mineral licks, escape terrain) or linking sub-populations (e.g., large ranging carnivores, dispersal for some culturally important species).
The Project footprint and LSA contains habitat for rare species and ecosystems. Of particular concern are species that depend on old forest (mature and old growth), wetlands, parklands and grasslands. Aquatic species and water-dependent wildlife are also of particular concern due to the potential for elevated levels of selenium and other contaminants resulting from the Project to impact the viability of these species. For understanding the Ktunaxa perspective on the importance of water and those species that depend on it, see subsection C2.
74 Western toad in particular as a sensitive indicator species.
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Section B2.3.3 of the FRO Swift Assessment examines the impact of the proposed Project on four terrestrial species at risk: American badger, olive-sided flycatcher, western toad and grizzly bear.75 Project impacts on American badger habitat are shown in Table B2.3.3.5. Overall, the Project is expected to decrease the abundance of high and moderate suitability habitat in the LSA by 17 per cent. The Project may reduce badger abundance by decreasing the availability of prey and denning habitats, and increase mortality by increasing the number of roads and vehicle traffic. Project impacts on olive-sided flycatcher habitat are summarized in Table B2.3.3-9. This table shows a 28 per cent loss of high and moderately high suitability habitat for this species. The Project is expected to decrease olive-sided flycatcher abundance. Impacts of the Project on habitat for western toad are summarized in Table B2.3.3-10, which shows a 38 per cent loss of high and moderate suitability habitat for this species from the Project. No assessment of impacts to western toads from a loss of habitat connectivity was provided, despite the high likelihood that movement patterns could be disrupted by the Project. Overall, the Project is expected to decrease western toad abundance.
The Project will remove habitat for rare species that are dependent on old growth, wetlands, and parklands, including those species positively identified in field studies and those species that are likely to be present, based on known occurrences within the ecosystems that are presented within the footprint and LSA.76 The Project will increase levels of contaminants, including selenium and heavy metals, in aquatic environments, leading to potential impacts on the aquatic dependent species and associated impacts on Ktunaxa use of these species.
Ktunaxa citizens have expressed concern regarding impacts from the continued operation of the Fording River Operation on habitat in the Fording River area for ungulates, especially elk and sheep. As per Section B2.3.3 and Annex J, surveys of bighorn sheep habitat potential have been undertaken and results confirm that high quality winter habitat does not occur within the Project footprint. During the construction and operation phases of the Project there is a potential for loss of seasonal habitat for culturally- and economically-important species including elk, sheep, and deer; a potential loss of connectivity between seasonal habitat; and potential mortality due to prolonged human access or vehicle collisions. Ktunaxa citizens also raised concerns regarding possible increases in wildlife mortality on the highway and on access roads due to continued industrial truck use. In terms of opportunities, Ktunaxa citizens have identified that controlled hunting access can create a refuge within the mine property for ungulates under hunting pressure in the Ktunaxa Territory.
For an assessment of impacts to ungulate habitat, including elk and bighorn sheep see Section B2.3.3. Impacts to elk are summarized in Table B2.3.3-6. Given the elk’s habitat preference for early seral habitat, habitat suitability remains largely unchanged or slightly improved with the addition of the proposed Project, and the abundance of elk is predicted to
75 Details of important habitat elements are in Section B2.3.3. 76 Subsections B2.3.2 and B2.3.3 and their associated annexes provide information on the extent of field studies associated with collecting data on species occurrence within the footprint and LSA. As with all field studies, a failure to detect a species—particularly a rare species—during field work does not equate to absence and typically results in a status of “not detected.”
December 2014 C6-19 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application increase. However, some Ktunaxa citizens have concerns about how elk will be impacted by grazing and drinking water on reclaimed mine sites. The Project is likely to increase sheep abundance by converting forested habitats into more productive foraging habitats, increasing escape terrain for predator avoidance, and providing refuge from hunting pressure. Though the assessment suggests that habitat for bighorn sheep will increase as a result of this Project, Ktunaxa citizens remained concerned about the health of bighorn sheep that are subsisting primarily on reclaimed mine areas.
Absent mitigations, potential Project effects to wide-ranging carnivores include direct mortality due to collisions, legal and illegal harvesting, habitat loss and alienation, and the fragmentation of habitat disrupting movement and seasonal-migration options. Effects may occur through all phases of the Project, construction, operation and closure contributing to: increased habitat loss, impacts on prey species, increased direct mortality, and decreased connectivity.77
A summary of impacts to grizzly bear habitat is provided in Section B2.2.3, Table B2.3.3-13. This analysis shows a slight decrease in high suitability habitat, as well as low suitability habitat, and a substantial increase in very low suitability habitat. Overall, the Project is expected to decrease grizzly bear abundance in the RSA. The assessment of impacts from the Project and the RFD case shows that mining developments will likely impact grizzly bear habitat connectivity; however they conclude that the important linkages are unlikely to be affected. The Ktunaxa remain concerned about impacts from the Project and other proposed development on east-west connectivity linkages for grizzly bears (a cultural keystone species for the Ktunaxa).
In the absence of mitigations, it is anticipated that there will be direct effects of the Project causing permanent loss of fish and fish habitat within the local study area and potential degradation of habitat in the regional study area due to the effects of the Project on water quality (i.e., effects from selenium, calcite and metals), fish habitat and channel morphology. The assessment endpoint for WCT is the maintenance of self-sustaining and ecologically effective populations78. Habitat for fish in Fording River tributaries has been impacted by mine waste rock dumping or slides, calcification of streambed habitats, and/or changes in channel morphology. Approximately 38,057 square metres (m2) of fish bearing tributary habitat will be removed in the LSA impacting the quantity of invertebrates and thus food availability for WCT in the upper Fording River. These losses are expected to be offset through a Habitat Offsetting Plan that the Ktunaxa are actively participating in. Predicted selenium concentrations indicate a potential for negative effects on westslope cutthroat trout (and potentially other species). It is Ktunaxa understanding that current research suggest that predicted selenium concentrations could contribute to an effect on westslope cutthroat trout (and potentially other water dependent species), resulting in local changes in reproduction and population status and health of the WCT population in the Fording River. The residual effect assessment in Section B2.2.5 did not identify
77 For analysis of impacts on carnivores from the proposed Project, see Section B2.3.3 and Annex J.
78 The assessment in Section B for Fish and Fish Habitat focuses primarily on physical habitat aspects with limited linkage to water quality and interaction among contaminants in surface water. Food, water quality and quantity are assessed elsewhere in the application.
December 2014 C6-20 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application the potential for the population to be no longer self-sustaining or ecologically effective,79 because of the conservatism inherent in the assessment and Teck’s plans to implement a valley-wide selenium management plan (the Elk Valley Water Quality Plan or EVWQP) aimed at stabilizing and reducing selenium levels in the Elk Valley from current levels.80 While selenium will likely be reduced when provisions of the EVWQP come into effect, there remains uncertainty about whether the selenium targets laid out in the EVWQP can be met, what levels of selenium are protective for aquatic organisms, and what the effects of selenium on wildlife species like amphibians and aquatic dependent birds might be.
As described in section C2, Ktunaxa citizens are already experiencing effects from high levels of contamination in the Fording River and its tributaries. Based on available evidence (see Section C2.5), Ktunaxa perceptions of contamination in fish is already impairing Ktunaxa practice of rights on the Elk and Fording Rivers for some Ktunaxa citizens including avoidance of these areas for fishing.
Our ancestors used to catch the white fish and make sundried fish out of them and eat them. Can we still do that and honestly say that we're not going to have cancer because of that? We don't know. S01, 6-28-2012
Ktunaxa citizens rights to fish are discussed in section C3 (TKL). Beyond the subsistence role, there is also a large commercial (guiding and outfitting) role (see Section C4.1) from which Ktunaxa citizens have largely been excluded in the Elk Valley.
One of the Ktunaxa preferred futures is to participate in a guiding economy in the Elk Valley and other areas. Any incremental increase in selenium in the Fording and Elk Rivers is considered to have a significant effect on fish and fish habitat, and could increase the perception among non- resident anglers that fish in this area are contaminated. Though much of the non-resident angling is catch and release, this perception still has a significant impact on potential guiding and outfitting opportunities for Ktunaxa citizens as well as resident and non-resident anglers.
C6.2.1.1 Recommended Mitigations and Actions Ktunaxa recommended measures and mitigations relevant to the valued component of biodiversity are detailed in section C10. Relevant mitigations to biodiversity values include those summarized above (e.g., Habitat offsetting plan, EVWQP), as well as the following list. Detailed provisions under each of these mitigations can be found in section C10.
C10.15: Support Ktunaxa stewardship (including conservation of biodiversity, ungulates and carnivores) of the Elk Valley.
79 Given that WCT are a listed species, that the upper Fording River is one (mainstem) population (based on genetics), and that resident, above barrier populations represent a core stronghold for protection/recovery of this species (as identified through the SARA review), particularly given the protection/isolation from other fish competitors and protection from hybridization (no rainbow trout), it can be said that this population represents one of the most important in its range (at least in BC, if not North America), The ongoing protection of this population therefore critical. 80 Due to unknowns with regards to the effects of the proposed mitigations, certainty for this assessment of potential Project effects is low.
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Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve biodiversity, and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for Ktunaxa management action, anticipated project effects, and climate change in the Elk Valley. Specific information on the inclusion of Ktunaxa input, language and worldview into these plans is included in Section C10. C10.12: Ktunaxa Elk Valley Wild Foods Program: prior to construction, Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program. C10.16: Support Ktunaxa stewardship of water and environmental quality, including fish and fish habitat within the Elk Valley. C10.17: Reduce impacts from increased duration of road use and access as part of closure plan. Prior to Project construction, Teck will work with KNC Lands and Resources to develop a conceptual Fording Swift Operations Closure Plan. C10.20: Support KNC to confirm land planning objectives for the Elk Valley. C10.21: Support recognition of Ktunaxa stewardship and governance in the Elk Valley. C10.22: Accounting of coal resources removed from Ktunaxa territory through past Fording River operations.
C6.2.2 Ktunaxa Perspectives on Project Effects on Plants and Ecosystems of Cultural Importance
…like in that area and all these [Elkford] areas, you’ll find like yarrow. You’ll find rose hips. You’ll find mullein. You’ll find strawberries. You’ll find Oregon grapes. You’ll find whatever; whatever I can keep the kids’ attention on and talk about because when I go in, I talk about our relationship that our people have with these plants…And then I’ll go along teaching them … how we did our cooking or how we made our resources or constructional plants. And I just compare it to what we did and just compare it to what we do now; like our berries -- how would we store them. We didn’t have freezers or jars or anything to put them in. How did we store them? How do we preserve them? A04 7-9-2012
Based on available field data for the Project footprint and LSA, the total area of the proposed Project footprint (including the perimeter as defined in the Project description) is 3,204 ha, and the total area of the terrestrial LSA is 26,725 ha. Ecosystems with culturally important plants are already heavily impacted: a total of 1,224 ha within the footprint are classified as industrial areas, either current or reclaimed. These areas were removed from the analysis. The analysis below thus focuses on the incremental impact of Fording Swift, and characterizes the Project effects on cultural plant ecosystems currently existing in the Project footprint perimeter and the terrestrial LSA.
Detailed results from the analysis are presented in Table 6.2-1. Based on field data from the study area, a total of 134 culturally used plants were identified from a list of plants known to occur within the LSA. Based on the analysis of ecosystem/seral stage combinations found in the
December 2014 C6-22 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application footprint perimeter, at least seven ecosystems contain a large number of culturally important plants, and will be removed by the proposed Project (Table 6.2-1). Based on the criteria described in Section C6.1.3, late to old seral stage forests, dry woodlands, and wetlands appear to be most affected by the Project. The ecosystems that are likely to be most affected by the proposed Project are highlighted in light green in Table 6.2-1.
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Table C6.2-1 Cultural Importance of Ecosystems Within Fording Swift Footprint81 Per cent No. of Total occurrences No. of high Rank Ecosystem Ecosystem Seral Footprint LSA occurrence culturally Name of culturally importance (high or site series type stage [ha] [ha] within important important species plants moderate) footprint species early 456 1201 38% 25 89 9 3 Subalpine fir – mid 196 651 30% 33 124 9 3 Engelmann spruce Intermediate ESSFdk1/101 late 315 2222 14% 33 213 10 2 – Azalea – Arnica forest 82 (101) old 61 206 30% nd nd nd 2 TOTAL 1,028 4,280 24% early 14 19 74% 12 17 2 1 Engelmann spruce mid 439 880 50% 12 16 4 1 ESSFdk1/110 – Subalpine fir – Wet forest late 51 176 29% 13 18 2 1 Gooseberry (110) old 0 3 0% nd nd nd 0 TOTAL 504 1,078 47% early 10 233 4% 22 61 9 2 Subalpine fir – mid 0 228 0% 20 46 7 0 Intermediate ESSFdkw/101 Grouseberry – late 103 1,969 5% 23 112 8 2 forest Arnica (101) old 110 779 14% 18 25 5 2 TOTAL 223 3,209 7% early 39 174 22% 22 29 7 3 Engelmann spruce mid 0 8 0% nd nd nd 0 ESSFdk1/111 – Subalpine fir – Wet forest late 15 175 9% 20 47 4 1 Horsetail (111) old 0 6 0% 11 11 2 0 TOTAL 54 363 15% early 51 71 72% 18 32 4 2 ESSFdk1/Wf Fen wetland Wetland TOTAL 51 71 72% early 8 1,245 1% 13 16 4 0 Lodgepole pine – mid 0 413 0% 12 12 6 0 Intermediate MSdk1/104 Soopolallie – late 12 733 2% 26 34 7 2 forest Pinegrass (104) old 0 4 0% nd nd nd 0 TOTAL 20 2,394 1%
81 Ecosystems that appear to be most impacted, based on this analysis, are shaded in green. 82 nd = no data. Ecosystem/seral stage combinations with small distributions within the footprint and no field data were ranked 0; ecosystems with high distributions within the footprint and no data were ranked 2.
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Table C6.2-1 Cultural Importance of Ecosystems Within Fording Swift Footprint1 (continued) Per cent No. of Total occurrences No. of high Rank Ecosystem Ecosystem Seral Footprint LSA occurrence culturally Name of culturally importance (high or site series type stage [ha] [ha] within important important species plants moderate) footprint species early 5 11 45% 22 30 8 3 Lodgepole pine - Subalpine fir - 7, 3 for mid ESSFdk1/103 Dry forest and late; not Grouseberry - TOTAL 5 11 45% Pinegrass included in field data early 4 191 2% 38 100 11 2 Lodgepole pine – mid 0 228 0% 41 173 15 0 Subalpine fir – Intermediate ESSFdk1/104 late 5 1,076 0% 30 101 9 2 Azalea – forest Grouseberry (104) old 0 49 0% 6 6 2 0 TOTAL 9 1,544 1% early 0 4 0% 13 21 3 0 mid 0 0 0% 0 ESSFdk1/Ws Swamp wetland Wetland late 2 2 100% nd nd nd 2 old 0 0 0% 0 TOTAL 2 6 33% early 1 200 1% 23 64 10 2 Subalpine fir – mid 0 33 0% 18 46 5 0 Whitebark pine – ESSFdkw/103 Dry forest late 1 316 0% 23 108 8 2 Juniper – Grouseberry (103) old 0 17 0% 20 26 6 0 TOTAL 2 566 0% early 0 89 0% 26 34 7 0 Hybrid white spruce mid 0 80 0% 16 16 6 0 – Lodgepole pine – Intermediate MSdk1/101 late 2.5 337 1% 29 34 10 2 Arnica – forest Grouseberry (101) old 0 14 0% nd nd nd 0 TOTAL 2.5 521 1% early 7 143 5% 15 16 3 0 mid 1 46 2% nd nd nd 0 Hybrid white spruce MSdk1/111 Wet forest late 1 270 0% 12 15 4 0 – Horsetail (111) old 0 7 0% nd nd nd 0 TOTAL 8 466 2% early 0 87 0% nd nd nd 0 mid 0 10 0% nd nd nd 0 MSdk1/Wb Bog wetland Wetland late 1 305 0% nd nd nd 0 old 0 80 0% nd nd nd 0 TOTAL 1 482 0%
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See sections B2.3.2 and B2.3.4 for information about ecosystem types and lists of plants found in field studies within the footprint and the LSA, as well as rare plants and rare ecosystem types found within the footprint and the LSA. Effects of the proposed Project on perceived contamination of and confidence in plants and other resources are discussed in section B3.
Traditional knowledge indicates that the mature and open variants of the ESSF were and continue to be heavily used for the collection of culturally important plants. According to Ktunaxa knowledge holders, at least one plant collection site is located in the vicinity of the Project footprint.
Without mitigation, the proposed Project would directly impact up to approximately 1,383 ha of culturally important ecosystems from the Project footprint perimeter, and at least one known collection site. All three of the most important ecosystem types – late/old seral stage forests, wetlands, and mature open parklands – are difficult to reclaim (wetlands) or will require at least 120 years post-closure to achieve reclamation (late/old seral stage forests and parklands).
A short description of the results for each highlighted ecosystem from Table 6.2-1 can be found below.
ESSFdk1/101 – Subalpine fir – Engelmann spruce – Azalea – Arnica This ecosystem type is widely distributed within the footprint perimeter, both in absolute terms (total number of ha) and in terms of per cent occurrence within the LSA. In total, 1,028 ha of ESSFdk1/101 will be removed from the footprint, 376 ha of which are in the late to old seral stage. All three of the seral stages surveyed recorded a large number of occurrences of culturally important plants, notably high occurrences of black huckleberry, grouseberry, low bilberry, and wild strawberry. 83 This was one of the only ecosystems within the footprint where purple sweet-cicely was found. While the early seral stages are important, the relative cultural importance of the later seral stages is higher, due primarily to higher absolute occurrences of culturally important plants.
ESSFdk1/103 - Lodgepole pine - Subalpine fir - Grouseberry – Pinegrass This dry forest type is not widely distributed within the LSA (11 ha total), but a high proportion of the existing distribution (5 ha or 45 per cent) falls within the footprint perimeter and will be removed or directly impacted by the proposed Project. The existing seral stages suggest important cultural use within this forest type; notably whitebark pine is present, as are a number of important berry species, nodding onion, and round-leaved alumroot.
ESSFdk1/111 - Engelmann spruce – Subalpine fir – Horsetail The early seral stage of this wet forest type was ranked as high importance both because of high numbers of culturally important plants, and a relatively high proportion of the ecosystem falling within the footprint. In total, 39 ha of ESSFdk1/111 are in the footprint perimeter, 15 of which are
83 Ranking of high was based on a qualitative assessment using the number of field observations. More than 10 observations was generally considered high, though the assessment also took into account the relative abundance in comparison to other observed plants..
December 2014 C6-26 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application late or old seral. A detailed look at the plant distribution suggests that the later seral stages of this ecosystem type may also be important for cultural use.
ESSFdk1/104 - Lodgepole pine – Subalpine fir – Azalea – Grouseberry Though this intermediate forest type is not widely distributed within the footprint perimeter (9 ha total), plot data show a very high occurrence of culturally important plants within these areas, particularly within the older age classes. Notably, important berry species such as soopolallie, black huckleberry, grouseberry, low bilberry, blueberry and strawberry are present in relatively high numbers. Field plots also recorded kinnickinnick, whitebark pine, rose, saskatoon, willow, red raspberry, and round-leaved alumroot.
ESSFdkw/101 - Subalpine fir – Grouseberry – Arnica Overall, 223 ha of this intermediate forest type will be directly impacted by the proposed Project, which is a relatively small amount compared to the distribution within the LSA, but remains a high area relative to the total area of the footprint perimeter itself. This forested woodland contains high numbers of culturally important plants, particularly the late seral stage, which has high occurrences of black huckleberry, grouseberry and wild strawberry, and relatively high numbers of some other culturally important plants. Most of the area that will be impacted falls into the late or old seral stage (213 ha total).
ESSFdkw/103 - Subalpine fir – Whitebark pine – Juniper – Grouseberry Based on the culturally important plants found within this dry ecosystem type, impacts from the Project to this ecosystem should be considered of cultural importance despite the relatively small distribution within the footprint perimeter (only 2 ha are found in the footprint perimeter itself). The late seral stage of this ecosystem type contains a high occurrence rate of culturally important plants, including high numbers of black huckleberry, grouseberry and wild strawberry, as well as juniper, soopolallie, low bilberry, whitebark pine, nodding onion, round-leaved alumroot, and willow.
ESSFdk1/Wf – Fen wetland This wetland type is relatively widely distributed within the Project footprint perimeter, with 51 of the 71 ha within the LSA being directly impacted by the proposed Project. Though it contains relatively few of the high importance cultural use plants, notably it is one of the few ecosystems in the footprint area that contains nagoonberry. Wetlands in general are of high cultural importance to the Ktunaxa both for their biodiversity value and because of their role in filtering water. Certain culturally important plants are only found within upper elevation wetlands and grasslands. Given the importance of wetland ecosystems to the health of the system as a whole, the rarity of these ecosystems and the prevalence of culturally important plants within these areas, and the difficulty with which these ecosystem types are restored, all wetland removal is considered important.
The Ktunaxa are concerned as well about the removal of whitebark pine. As whitebark pine is a rare species that is also an important cultural use plant, loss of habitat for this tree is also a particular concern for the Ktunaxa.
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C6.2.2.1 Recommended Mitigations and Actions Ktunaxa recommended measures and mitigations relevant to the valued component of culturally important plants and ecosystems are detailed in section C10. Relevant mitigations to culturally important plants and ecosystems values include some of those summarized above (e.g., Habitat offsetting plan, Reclamation plan), as well as the following list. Detailed provisions under each of these mitigations can be found in section C10.
C10.12: Ktunaxa Elk Valley Wild Foods Program: prior to construction, Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program. C10.15: Support Ktunaxa stewardship (including conservation of biodiversity, ungulates and carnivores) of the Elk Valley. Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve biodiversity, and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for Ktunaxa management action, anticipated project effects, and climate change in the Elk Valley. Specific information on the inclusion of Ktunaxa input, language and worldview into these plans is included in Section C10.
C10.20: Support KNC to confirm land planning objectives for the Elk Valley.
C6.2.3 Ktunaxa Perspectives on Ecosystem Health and Water Potential Project Effects
“Like if they're gonna do that mining, all our animals are gonna have no place to, to you know no place to survive. They're gonna ruin the waters, they won't be able to drink. S03 7-11-2012
See Section B2.2.3 for a summary of Project impacts to water and air quality. Ktunaxa concerns regarding surface water hydrology and ecological function, including the loss of habitat for fish in the upper Fording River and tributaries, potential downstream effects including contaminants, and cumulative effects on the Elk River and receiving waters (including Koocanusa Reservoir) are discussed in section C2. As per section C2 aquatic systems, particularly the upper Fording and its tributaries are understood by the Ktunaxa to already be impacted from past mining in the Elk Valley. Ecosystem function is likely impaired in some parts of the Fording River tributaries and the upper Fording River. Ktunaxa citizens understand that fish and benthic invertebrate populations in the upper Fording may be experiencing adverse effects. Given the context and the Ktunaxa understanding of potential Project effects on aquatic health (absent mitigation), any incremental adverse effect on water quality is considered to have a significant effect on Ktunaxa rights and interest, particularly related to section C3. Ktunaxa citizens understand that populations of westslope cutthroat trout in the Fording River may already impacted by selenium. It is also understood from the draft EVWQP that selenium levels, in the short term, will continue to increase. Ktunaxa understand that this may lead to a Project effect of reduced ecosystem health and function (see B2.2.4 Aquatic and Human Health Assessment). This will be further exacerbated by the Project effect of loss of habitat for fish (prior to mitigation) due to changes in
December 2014 C6-28 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application channel morphology and loss of tributary habitat over time. These changes are poorly understood at the regional scale.
Ktunaxa participants raised air quality impacts, including coal dust and air-based emissions and contaminants as important concerns in multiple 2012 interviews. While several Ktunaxa land users indicated that air quality and coal dust issues in the upper Elk valley around mine areas have improved since the 1980s, other Ktunaxa land users reported ongoing avoidance (as recent as 2010) of specific huckleberry harvesting areas between five and ten km from existing Elk Valley mine operations because of observed tainting and ongoing concerns regarding airborne contaminants and coal dust. Ktunaxa knowledge holders indicated that dust and airborne contaminants can accumulate on vegetation or on winter snow. As such, the release of contaminants into waterways during the spring melt from areas surrounding mine sites is a concern. For at least some KNC citizens, confidence in air quality in parts of the Elk Valley near existing coal mines remains a barrier to ongoing Ktunaxa use of lands and resources. Through field visits, interviews, and meetings, Ktunaxa land users and elders also raised more general concerns including:
air-based contamination of elk browse (leaves and twigs important to elk), water, and wild foods; impacts of industrial smells on Ktunaxa sense of place and experience in the Elk Valley; and greenhouse gas emissions, their contribution to changing climates and resulting impacts throughout Ktunaxa lands and beyond.
Further information on ongoing impacts to Ktunaxa use is included in Section C 2.2 (Traditional Knowledge and Language). Also see Section C 2.5 (Lands and Resources) for additional details.
The Project (including construction and operation) will result in important changes to Fording River tributaries, potentially resulting in further degradation of water quality, hydrological function, riparian function, flow regimes, and habitat for fish and other aquatic species downstream. Absent mitigation, increased levels of selenium, calcite, other metals in the Fording and Elk Rivers would be anticipated during all phases of the Project. Increases in selenium loading in the RSA may foreclose on future options for Ktunaxa industrial practices. 84 It is understood that Teck’s proposed mitigations under the EVWQP are expected to reduce the loads of selenium and other constituents, but over a long timeframe. During construction of the Project, and until the proposed South treatment plant is in place, selenium loads will continue to increase.
Project-specific water quality baseline and assessment of effects are set out in Section B2.2.4.
84 This statement means that, in the absence of a robust, long term methodology for managing selenium levels in the Fording and Elk Rivers, future opportunities for Ktunaxa companies to engage in coal extraction, if desired, would be limited by existing cumulative effects from historical mining practices.
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C6.2.3.1 Recommended Mitigations and Actions Ktunaxa recommended measures and mitigations relevant to the valued component of ecosystem health and water are detailed in section C10; the primary relevant mitigation is:
C10.16: Support Ktunaxa stewardship of water and environmental quality, including fish and fish habitat within the Elk Valley.
Specific provisions under this mitigation can be found in section C10. Other relevant mitigations include:
C10.15: Support Ktunaxa stewardship (including conservation of biodiversity, ungulates and carnivores) of the Elk Valley. Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve biodiversity, and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for Ktunaxa management action, anticipated project effects, and climate change in the Elk Valley. Specific information on the inclusion of Ktunaxa input, language and worldview into these plans is included in Section C10. C10.12: Ktunaxa Elk Valley Wild Foods Program: prior to construction, Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program. C10.17: Reduce impacts from increased duration of road use and access as part of closure plan. Prior to Project construction, Teck will work with KNC Lands and Resources to develop a conceptual Fording Swift Operations Closure Plan. C10.20: Support KNC to confirm land planning objectives for the Elk Valley. C10.21: Support recognition of Ktunaxa stewardship and governance in the Elk Valley.
C6.2.4 Ktunaxa Perspectives on Slope Stability and Terrain
C6.2.4.1 Potential Project Effects Construction, operation and closure phases of the Project will include waste rock contouring practices which, if not adequate, could contribute to slope instability, erosion, and failure of reclamation. Waste rock slides have impacted habitat for fish in Fording River tributaries. 85 Contouring of waste rock and fine spoils will affect the success of maintaining or restoring fish habitat, re-vegetation through closure and reclamation, and the vulnerability of slopes to erosion (i.e., with heavy snow loading). Recent slope failures with catastrophic consequences in BC have contributed to low Ktunaxa confidence in slope stability engineering and science.
85 These impacts have been authorized and offsets have been provided.
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Ktunaxa knowledge holders also stressed the importance of ensuring that soils and subsurface areas, post reclamation, are able to sustain vegetation and micro-organisms through forest fire and burn cycles.
C6.2.4.2 Recommended Mitigations and Actions Ktunaxa recommended measures and mitigations relevant to the valued component of slope stability and terrain are detailed in section C10; relevant mitigations include:
C10.15: Support Ktunaxa stewardship (including conservation of biodiversity, ungulates and carnivores) of the Elk Valley. Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve biodiversity, and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for Ktunaxa management action, anticipated project effects, and climate change in the Elk Valley. Specific information on the inclusion of Ktunaxa input, language and worldview into these plans is included in Section C10. C10.17: Reduce impacts from increased duration of road use and access as part of closure plan. Prior to Project construction, Teck will work with KNC Lands and Resources to develop a conceptual Fording Swift Operations Closure Plan. C10.20: Support KNC to confirm land planning objectives for the Elk Valley. C10.21: Support recognition of Ktunaxa stewardship and governance in the Elk Valley. C10.22: Accounting of coal resources removed from Ktunaxa territory through past Fording River operations.
C6.2.5 Ktunaxa Perspectives on Project Effects on Archaeology
Ktunaxa perspectives on the impacts of the Project on archaeology are summarized in Section C3.
C6.2.5.1 Potential Project Effects See section B3.4, which describes efforts that have been made to identify and avoid archaeological sites within the footprint and LSA. Ktunaxa tangible and intangible cultural heritage is addressed in section C3.
C6.2.5.2 Recommended Mitigations and Actions Ktunaxa recommended measures and mitigations relevant to the valued component archaeology are detailed in section C10; the relevant mitigation is:
C10.13: Cultural properties protection as addressed in LCO Phase II Condition #24.
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C6.3 Lands and Resources Sector Residual Project Effects
Assuming full implementation of mitigation measures recommended in C10, other relevant sections, and the EVWQP, impacts from the Project on terrestrial Ktunaxa lands and resources are anticipated to be of low to moderate magnitude, negative in direction, local or regional in extent, long in duration and generally not reversible. Reclamation efforts by Teck may be successful at returning ecosystems within the footprint to equivalent functions that are ecologically acceptable. From the Ktunaxa perspective, given that impacts will be longer than one generation and given that it is unlikely that novel post-impact ecosystems will be considered culturally equivalent to pre-disturbance conditions, these effects are considered not reversible. For Ktunaxa aquatic resources, the magnitude of effect is anticipated to be high, regional in extent, long duration and likely not reversible.
The Project will remove vegetation from the proposed mine footprint. Overall, habitat available for species that are currently in existence in the area will decrease. Important ecosystems will be decreased in extent, including old growth, open parkland habitat, and wetlands. Impacts of the Project will be felt beyond the footprint into the LSA, with a loss of connectivity between habitats for some species, noise and dust from the Project potentially impacting terrestrial species and habitats, and other indirect impacts that extend beyond the footprint (including indirect impacts to adjacent wetlands from changes in drainage patterns; increased risk of invasive species on adjacent lands; risks associated with airborne and waterborne contaminants).
Specific to fish, there is a reasonable potential for mining impacts to extend beyond the local study area into the regional study area, at least in the short term. The Ktunaxa have actively participated in the development of the EVWQP. However, uncertainty remains about how effective this mitigation will be in successfully reversing the already high selenium levels within the RSA.
Specific to ungulates and carnivores, because of the proximity of important habitat to the footprint, effects on ungulates are likely to be most pronounced for sheep, and effects on large carnivores are likely to be most pronounced for grizzly bears.
With mitigations and offsets in place, some of the impacts to biodiversity will be reduced. However, in most cases, direct habitat loss within the footprint will require more than one generation to recover, and in many cases, the time for full recovery is longer (more than 100 years for old growth) or uncertain (e.g., for wetlands; see B2.3.4). Access and water quality parameters are likely to be difficult to control over the long term. Given this time frame and the extent of effects to biodiversity, from the Ktunaxa perspective, impacts to biodiversity from the proposed Project are moderate in magnitude, negative in direction, local in extent (but regional for aquatic resources), long in duration, high in frequency, and not reversible. This assessment has a moderate degree of confidence, given past Ktunaxa experience with mining reclamation.
Impacts to plants and ecosystems of cultural importance are likely to be moderate in magnitude, negative in direction, local in extent, long term in duration, high in frequency, and not reversible. The Ktunaxa Nation sees restoration as a possible means of re-establishing some culturally
December 2014 C6-32 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application important plants; restoration plans are unlikely to be adequate to fully restore wetlands or culturally important old forest ecosystems within a culturally acceptable time frame. Specific to water and ecosystem health, based on available information, in particular whether the targets outlined in the EVWQP are sufficient or achievable within the defined time periods, the Ktunaxa Nation is not confident that proposed mitigations can adequately address increased levels of selenium and other heavy metals within the Fording River and downstream. For the Ktunaxa Nation, effects on culture rights and interests in C3 have exceeded a threshold of significance. The Project will contribute additional adverse effects on stewardship and perceptions of water quality and result in further exceedance of contaminant levels and for a longer period of time. Ktunaxa remain concerned regarding the long term consequences of these contaminants for receiving waters in Koocanusa Reservoir.
Table C6.3-1 provides characterization of anticipated Project effects on Ktunaxa rights and interests associated with lands and resources, assuming that mitigations and actions recommended in section C10 are fully implemented and successful.
Table C6.3-1 Characterization of Residual Project Effects on Ktunaxa Rights and Interest related to Lands and Resources Extent Extent Valued Duration Context / Direction Magnitude Frequency Probability Confidence Geographic Geographic components Reversibility
Local, but Impacted and sensitive / Biodiversity Moderate Negative Regional Long High No High Moderate confidence for fish Plants and ecosystems of Moderate Negative Local Long High No High Moderate confidence cultural importance Water and Impacted and sensitive / High Negative Regional Long High No High ecosystem health Moderate confidence Slope stability and Low Negative Local Long Low No High Moderate confidence terrain Archaeology Moderate Negative Local Long High No High Moderate confidence
C6.3.1 Lands and Resources Sector Residual Project Effects Assessment
Assuming adequate mitigations and other measures and actions recommended in C10, other relevant sections, and the EVWQP, are fully implemented and successful, the Project can be expected to result in low to high magnitude adverse impacts on Ktunaxa lands and resources rights and interests. Aquatic impacts, and impacts on fish and fish habitat are of particular concern, but important impacts to terrestrial ecosystems would also occur. Downstream aquatic impacts may be significant, depending on implementation of mitigations. If the Project proceeds, careful and independent monitoring will be essential.
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C7 OTHER KTUNAXA NATION INTERESTS
This section identifies other Ktunaxa interests with respect to potential social, economic, environmental, heritage and health effects (to the extent not already identified in Section C3).
Aboriginal interests are generally defined as claimed, but unproven rights. The Ktunaxa Nation maintains that its rights – including cultural, economic, governance, and land and water rights, are proven and stand based in Ktunaxa law and oral tradition. With regard to Ktunaxa Territory, it is the governments of BC and Canada that claim rights that are not proven under either Ktunaxa or Canadian law.
See Section C2 through C6 (Ktunaxa Rights) for additional information.
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C8 KTUNAXA PERSPECTIVES ON CUMULATIVE EFFECTS
Ktunaxa land users experience Project specific effects in combination with the ongoing effects of past cultural and environmental change on Ktunaxa lands, waters, resources, and communities. For the lifetime of the Project, effects will continue to accumulate and interact with other regional and local changes, including effects from environmental change and industrial projects, that will be experienced on top of ongoing legacies from past impacts. The full history of industrial and developmental change in the Fording River and Elk River valleys, combined with environmental change, conditions the current practice of Ktunaxa rights.
From a Ktunaxa perspective, consideration of cumulative effects in relation to the Project requires consideration of a pre-development (c. 1880) baseline, and of the significance of already existing effects on Ktunaxa rights, as well as the additional effects of the Project in combination with reasonably foreseeable developments (RFD), and effects from changes in the environment including forest fire and climate change.
C8.1 Historical Baseline of Cumulative Effects
While not complete, and largely qualitative, Table 8.1-1 is based on archival, ethnographic, and oral historical sources and provides an initial characterization of a Ktunaxa centred pre- development baseline that includes pre-1880 conditions (a period prior to the establishment of reserves and early industrial development in the region) and subsequent trends and changes up to present day. The baseline is focussed on the Elk Valley including qukin ʔamakʔis (Raven’s Land) and portions of ¢am̓ na ʔamakʔis, and is organized based on themes that include water as an overarching Ktunaxa concern, and also reflect the four sectors used to organize Section C. It is organized temporally into four time periods: pre-1881, 1881-1930, 1931-1980, 1980-2014.
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Table C8.1-1 Historical Cumulative Effects Baseline for Ktunaxa Rights and Interests Water Traditional Knowledge and Language Economic Social Lands and Resources Pre-1880 Prior to 1881, the Ktunaxa language dominated Ktunaxa territory. The teaching of children, and transmission of knowledge, occurred largely within Ktunaxa families. Despite decimation of the qakawakanmiǂuqnik by disease in Horses arrived in Ktunaxa territory sometime in the late the late 1700’s, Ktunaxa governance and authority in the Elk Before 1880, Waters and streams in Ktunaxa territory 18th century, and became an important influence and Discovery of gold at Wild Horse Creek in 1863, and Valley was maintained under Chief Michel through the were largely unconstrained by industrial effects source of wealth. Christianity became an important part of other minerals in the west Kootenays, led to early 1880s. Coal mining in the Elk Valley had not begun, and including dams, industrial withdrawals and Ktunaxa cultural practice after the arrival of Father de Smet mining and a short lived influx of non-Ktunaxa (largely While estimates vary, the population of Ktunaxa while an international boundary between lands claimed by contaminants. Early mining efforts around the Wild in the 1840s. Despite the Wild Horse Creek gold rush in American) peoples, but did not extend significantly communities likely declined by as much as 80% and the US and Britain was established in1846, no effective Horse River in the 1860’s and agricultural efforts 1863, by 1881, only a handful of non-Ktunaxa lived in the into the Elk Valley. Ktunaxa maintain commercial 90% between 1780 and 1880 due largely to introduced Canadian administration, beyond survey of land, existed on around Fort Steele had begun to affect streams and eastern portion of Ktunaxa territory, mostly near Galbraith’s trading ties with other indigenous nations, as well as diseases. Prior to 1881, and despite declines in buffalo Ktunaxa lands until the late 1880s. Ktunaxa kept valley water, but most Ktunaxa rivers and streams, including Ferry and Wild Horse Creek. An important seasonal village fur traders (HBC and independent) in the region. east of the Rockies, Ktunaxa citizens in the Elk Valley bottoms and horse pasture open through annual burning, the Elk and Fording Rivers, were unimpacted. Ktunaxa at qakawakanmiǂuq, near Michel Prairie, provided a basis Horses came to the Ktunaxa in the late 1700’s. They continued to practice an ancestral way of life and and relied largely on seasonal harvest of wild foods, citizens cared for water as a sacred thing and were for a vibrant trade economy in fur and other resources, and were highly valued and a sign of wealth. Ktunaxa economy, including annual bison hunts, largely free of including fish, birds, ungulates, and plant foods. Salmon and able to rely on area streams and rivers with confidence for the annual subsistence round, both of which took communities kept large herds of horses and cattle. forced interference. bison were both commonly relied upon prior to 1880. for drinking, fishing, plant collection and ceremonial Ktunaxa citizens east of the Rockies on a regular basis. The Prior to 1880, employment for wages was rare, but not Minimal constraints existed for ecological systems and purposes. Rivers, lakes and streams also provided upper Elk Valley continued to be an important area for unknown. animal populations in the Elk Valley. Annual Ktunaxa buffalo harvesting game, including elk and sheep. Its importance important travel corridors. hunts continue on the east side of the Rockies until the early for subsistence in the 1880s was likely heightened by 1890s. declines in bison east of the Rockies. Ktunaxa trails provided primary transport routes and corridors of communication between Ktunaxa and other nations. Ktunaxa reserves are set aside by the Canadian government with objections from Ktunaxa leaders. No reserve is established in the Elk Valley, despite presence of Chief In the Elk Valley, early coal exploration begins in the Michel and the community at gakawakamitu. Conflicts 1880’s. The first underground mine opens in 1898 and the between Ktunaxa citizens and non-Aboriginal new comers Ktunaxa is still the dominant language in Ktunaxa Canadian Pacific Railway arrives in 1899. Forestry seeking land and resources become more intense. communities, but English becomes the dominant language Christianity becomes a stronger influence in Ktunaxa develops along side mining, and the non-Ktunaxa Implementation of reserves and Indian Act restrictions Between 1890’s and 1930, impacts from early logging outside them. St. Eugene’s Indian Residential School opens communities, reinforced by the development of government population grows rapidly around Fernie and through the impinge on traditional Ktunaxa governance, and increased and coal development in the Elk Valley begin to impact in 1891. Pre-emption and Crown land grants privatize supported residential schools, and Indian Act legislation Crowsnest pass. Ktunaxa involvement in mining is pressure from non-Ktunaxa, leads to armed conflict. One of the Elk River. The Fording River and surrounding Ktunaxa lands. Under pressure from government game restricting the sundance and other important Ktunaxa minimal, though the St. Eugine Church and Mission was the areas of dispute is Joseph’s Prairie, the location of drainages remain relatively unimpacted. Salmon wardens and other agents. Chief Michel and Ktunaxa ceremonial practices. Illness, including tuberculosis and flu, built in 1893 and 1910, largely through revenues from modern Cranbrook. In 1888, Superintendent Sam Steele and harvest in the upper Columbia, an important part of the citizens resident in the Elk Valley move onto reserves at remains at high levels. Ktunaxa population continues to drop mining claims held in the area of Moyie. The Moyie claims a contingent of NWMP officers arrive temporarily to settle a Ktunaxa seasonal round, is reduced due to Tobacco Plains or ʔakink’umǂasnuqǂiʔit, at Columbia Lakes, and reaches its low point sometime in the early 1900s. Issues were operated by a predecessor company of Teck. Ktunaxa dispute between Ktunaxa and vastly outnumbered settlers at overharvesting in the lower Columbia. Ktunaxa citizens and elsewhere, but many parts of the Elk Valley, including of racism and wealth disparity intensify as the non-Ktunaxa citizens find themselves increasingly excluded from the Galbraith’s Ferry, soon to be named Fort Steele. Ktunaxa continue to care for water as a sacred thing and rely on areas around Sparwood, are still actively used by Ktunaxa population increases and systemic inequalities compound. new wage economy. Mining increases the wealth of non- oral histories record some of the first promises made by a Elk Valley streams, for drinking, fishing, plant collection citizens. Underground coal mining starts and grows, and Ktunaxa citizens find themselves largely shut out of the Ktunaxa residents and economic disparities increase Crown authority to Ktunaxa leadership. Ecological effects of and ceremonial purposes. government representatives actively discourage Ktunaxa dominant economy. Social problems, including poverty and between Ktunaxa and non-Ktunaxa. Ranching and fur early mining practices (coal mining began circa 1897), forest citizens from practicing hunting and trapping rights in the alcohol, become increasing problems for Ktunaxa families. trapping remain important parts of the Ktunaxa economy harvesting (including clearing related to rail development and upper Elk Valley. and way of life, supplementing the ongoing seasonal round operation), fencing of pre-empted or privatized lands, and of subsistence harvesting. declining air and water quality, begin to be felt in the Elk Valley. Railway and road networks increase accessibility and pressure on the Elk Valley. Ktunaxa opposition to Canadian and BC interference is maintained. By the late 1960s, in response to increasing challenges to Ktunaxa language is spoken less frequently in everyday Ktunaxa governance, Ktunaxa rights-based organization settings and is actively discouraged in residential schools, Overall health of Ktunaxa citizens improves as a result results in vocal calls for recognition of Ktunaxa rights on both including St. Eugene’s Indian Residential School. English of increased access to health services, but social sides of the international border. Salmon are extirpated from the upper Columbia around becomes the dominant language in Ktunaxa communities, Coal mining continues in the upper Elk Valley with a 1940 with the construction of the Grand Coulee Dam in challenges increase under pressure from ongoing though Ktunaxa is still spoken fluently in many homes. gradual shift towards open pit mining. Exploration and Indian Act policies. Administration of social services the United States. This removes the ability of Ktunaxa construction takes place for the original Fording River In the Elk Valley, Cominco/Canadian Pacific begins peoples to harvest salmon. Libby Dam is built in 1975 through the 1950’s and 1960’s creates increasing operations at Fording River. Impacts including coal dust, Due to industrial impacts, and pressure from game wardens mine operations. Involvement of Ktunaxa citizens in to damn the Kootenay River and floods the Koocanusa conflict for Ktunaxa families and way of life. access, water and air quality issues accumulate in the and other government officials, Ktunaxa use of the Elk mining remains minimal. Economic disparities reservoir and the confluence of the Elk and the Fording valley leading to Ktunaxa avoidance and loss of use, Valley is diminished, but continues as a pattern of between Ktunaxa and non-Ktunaxa increase. Some Kootenay. Important fishing areas are lost. Impacts to Changes to the Indian Act make it almost impossible to especially in relation to fish and berry collection. Open pit temporary hunting camps, or resource harvesting areas Ktunaxa participate in the upper Elk mining industry water quality in the Elk Valley as a result of ongoing push land issues in the courts and to practice some mining results in large expansions in total disturbance area. often used while in the area working for forestry or other as drivers, cleaners and other labour. underground coal mining and the advent of industrial aspects of Ktunaxa culture until the late 1950s. Traditional foot and horse trails connecting the Elk and companies. Regular use of the valley, including areas near open pit coal mining become apparent. Fording Valley to Rocky Mountain passes are obstructed by Michel Prairie continues. Long distance trails and passes mining footprints. Cultural and archaeological sites are are used less frequently by Ktunaxa following development destroyed, as well as traditional harvesting areas. Early of the railway and road networks. environmental reclamation efforts by coal companies begin.
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Table C8.1-1 Historical Cumulative Effects Baseline for Ktunaxa Rights and Interests (continued) Water Traditional Knowledge and Language Economic Social Lands and Resources 1981 – 2014 The Canadian Constitution Act recognizes aboriginal rights, and a series of BC and Canadian legal decisions confirm the ongoing existence of both aboriginal rights and While the number of fluent Ktunaxa speakers continues to title in BC, along with Crown duties to honourably address decline, Ktunaxa Nation efforts to support language them. Treaty negotiations with the provincial and federal retention increase, including teaching resources, Ktunaxa Crowns are established. Through the Ktunaxa Nation Water quality effects in the Elk Valley increase from children’s books and online resources. English remains the Council and earlier organizations, Ktunaxa citizens take an mining, having effects on aquatic health, westslope dominant language in Ktunaxa communities. New Open pit coal mining expands in the upper Elk Valley with increasing role in the governance of Ktunaxa Territory. The cutthroat trout and other fish populations in the Fording technologies both support and challenge the Ktunaxa five major mines in operation. Ktunaxa participation in the KNC government building is established at the centre of River. Industrial effects in the Elk Valley, including coal language. mining industry remains minimal despite intense labour Overall health of Ktunaxa citizens improves as a Cranbrook, the original site of disputes regarding Joseph’s dust and impacts to water accumulate to the point where demands and high Ktunaxa unemployment. Ktunaxa result of increased access to health services, but Prairie in the late 1800’s. some Ktunaxa users are discouraged from fishing and business development efforts in the 1990s and 2000s begin lags well behind non-Ktunaxa in the region. The practicing other rights in the Elk Valley, especially given Ktunaxa use and occasional occupancy continues in the to show results. After major supreme court decisions in the Ktunaxa Nation begins to take a leading role in upper Elk valley, but is less frequent due to the absence of Disturbance footprint in the upper Elk Valley expands to other constraints and obstacles. The Ktunaxa Nation mid-2000’s, the Ktunaxa Nation is negotiating increased the delivery of social and health services to its more than 13%. Reclamation of mined lands progresses in takes a stronger role in the formal management of a permanent Ktunaxa com-munity in the area. Accessing benefits from development and resource extraction within members. Ktunaxa population is growing rapidly, trails and hunting areas becomes increasingly difficult some places, though slowly. Due to ongoing exclusion of impacts to water, but changes in channel morphology and Ktunaxa lands. This includes negotiation of a Strategic with an increasing percentage of Ktunaxa Ktunaxa citizens from mine properties, it is unclear if the hydrology are of increasing concern as habitat destruction because of the large disturbance areas created by open pit Engagement Agreement and an Economic and Community citizens living off reserve and in urban areas. mining. Concerns regarding contamination of fish in the reclaimed lands will be useful to future practice of Ktunaxa increases as a result of mining and increasing calcite Development Agreement (including revenue sharing) with rights. formation in Fording River tributaries and the upper upper Elk and Fording rivers leads to avoidance of these BC. Fording River. areas by at least some Ktunaxa users. Ongoing exclusion of Ktunaxa peoples from the Elk Valley, combined with The KNC begins to play a major role in environmental other impacts, is leading to loss of oral histories and place- decisions in the Elk Valley, including the Line Creek specific knowledge for the area. Expansion EA, resulting in signs of improved engagement for Ktunaxa citizens in Elk Valley mining.
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C8.1.1 Assessment of Project Cumulative Effects
Future changes caused by the Project will be experienced within a wide range of existing ecological and industrial impacts in the Elk Valley. Within qukin ʔamakʔis (Raven’s Land), valley bottoms, traditionally maintained through fire cycles as open forests and grasslands are now fenced in many places and threatened by fire suppression, forest harvesting, housing, energy transmission, hydro-electric reservoirs, agricultural, and transportation developments. Higher altitude valleys and slopes including montane spruce ecosystem types (with high elevation grasslands on south and east facing slopes), mid and high altitude wetlands, and Engelmann spruce and subalpine fir ecosystem types, provide critical habitat for culturally important food species such as elk, deer, sheep and grizzly bear. These ecosystems are impacted in many areas by forestry, mining, recreational development and associated road networks with a general trend of north-south oriented mining and related disturbance along valley bottoms and some ridges that limit the east-west connectivity between alpine ranges. The rivers and streams of the RSA also provide culturally important sources of fish, including various trout species, but multiple reaches have already experience heavy industrial effects and contaminant loading. Both the Elk and Fording river systems have been adversely affected by sport fishing, mining related impacts and forestry activities. The Elk River valley has also seen substantial residential development and associated municipal water use and waste effluent deposition. Outside the Elk Valley, hydroelectric, agricultural, and industrial development, as well as environmental changes, have 86 resulted in the almost complete loss of two cultural keystone species from Ktunaxa Territory: bison and anadromous salmon. Other cultural keystone species, including grizzly bear, are at risk.
Based on the regional study area (RSA) and definitions of land use used in B1, the current total disturbance level in the RSA (including mine areas, roads, cut blocks, logged areas, residential developments, and other disturbance – see Table B-2.4-22) is approximately 13 per cent (43,349 87 ha) of the total RSA area (332,321 ha). The Project itself would contribute an additional direct change of less than 1 per cent (983 ha). The Project in combination with the RFD scenario considered in B2.4 (circa 2031) would result in approximately 15 per cent (49,469 ha) total disturbance in the RSA. In terms of percentage, some ecosystem types, such as ecologically important wetlands and riparian areas, would likely be subject to total disturbance greater than 15 per cent.
Beyond percentage disturbance, it is important to consider the nature of the disturbance within the context of other changes that have resulted in adverse effects on Ktunaxa rights and interests:
In the case of the Elk Valley, the spatial distribution of historical disturbance as a result of mining (see Figure 2.4-21) has followed economic coal resources to form a long north-south
86 Garibaldi and Turner define cultural keystone species as, “…the culturally salient species that shape in a major way the cultural identity of a people, as reflected in the fundamental roles these species have in diet, materials, medicine, and/or spiritual practices” (Garibaldi and Turner 2004). 87 Federal guidance documents (Hegmann et al 1999: 44) suggest that, absent other criteria, a 10 per cent (or greater) change in a given valued component may be considered significant.
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band of mining related disturbance running east of, and generally parallel to, Highways 3 and 43. In places, including the LSA, this north-south running band is interrupted by a few relatively undisturbed E-W corridors that provide ‘gaps’ in the mining footprint for movement of animals and Ktunaxa land users. The Project footprint will extend existing FRO disturbance and interact with disturbance from the contiguous Greenhills mine to the south. Together with the Project, and RFD the combined N-S disturbed area would be approximately 40 km long, and acting together with Highway 43, the linear nature of the combined disturbance is likely to create and maintain an important barrier to east-west animal movement, and influence on Ktunaxa use of ancestral east-west trails, that is larger than that suggested by percentage disturbance alone. Past disturbance has removed areas of particular Ktunaxa cultural value, including trails, habitation areas, and harvesting areas (elk, and sheep in particular) in the Project LSA, and culturally and spiritually important rock art sites elsewhere in the Elk Valley. This also emphasizes the cumulative effect of past developments on Ktunaxa practice of rights and interests as greater than what is suggested by percentage disturbance alone. Past disturbance has had, and continues to have, impacts on air and water quality in the Elk valley at distance from existing mine footprints, and these impacts are concentrating and accumulating in streams, rivers and receiving waters. Based on Ktunaxa experience, dust and other air borne contaminants end up in the snow pack of surrounding watersheds and flush into the river systems during melt. Water quality including concentrations of constituents of concern, changes in channel morphology, hydrology and geology, are impacting, and will continue to impact, fish species relied upon for practice of Ktunaxa rights, particularly when combined with forest harvesting and recreational fishery impacts to both the resource and Ktunaxa harvesting. Ktunaxa citizens’ have already expressed elevated concern regarding industrial contaminants in the area, and psychosocial effects of 88 contaminants consistent with Health Canada guidance are being experienced. Should the Project proceed, Ktunaxa knowledge holders anticipate ongoing impacts to the quality and quantity of wild foods available for KNC harvest in preferred locations, including fish downstream in the Elk and Fording rivers, and Koocanusa Reservoir. Impacts to Ktunaxa rights and interests in the Elk Valley are anticipated to get worse before they get better. Project effects on water quality and fish or fish habitat will interact with other foreseeable developments, including approved and proposed coal mines expansions, and with changes in the environment, and are expected to continue to have a significant adverse effect on Ktunaxa rights and interests.
From a Ktunaxa perspective, considering the overall disturbance of lands and waters within the Elk Valley, and considering both quantitative percent disturbance, and more qualitative factors, a threshold of adverse, long term, high magnitude effect on the exercise of Ktunaxa rights in the RSA, as defined in C1 is understood to have already been surpassed. Additional residual Project effects, and effects from other reasonably foreseeable developments, and changes in the
88 See Health Canada (2005). Addressing Psychosocial Factors Through Capacity Building: A Guide for Managers of Contaminated Sites. Ottawa: Ministry of Health.
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Based on existing information, and uncertainties related to mitigation and the EVWQP, the KNC anticipates that that these cumulative effects will exacerbate already significant effects in the Elk Valley, and on the rights and interests of Ktunaxa citizens, for the foreseeable future.
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C9 ABORIGINAL CONSULTATION89
Section A4.2-1 (First Nations Information Distribution Consultation) documents the consultation with First Nations potentially affected by the FRO Swift Project. The Pre-Application First Nations Consultation Report (Appendix A4.2-2) provides further details Teck’s engagement with First Nations before and after the BC Environmental Assessment Office (EAO) issued the Section 11 Order (the Order) for the Project under the BC Environmental Assessment Act (BCEAA) in June 2012 (BC EAO 2012). The report also outlines engagement activities proposed during the EAC Application Stage.
The BC EAO, as the applicable provincial Crown authority, specified its expectations of Teck’s First Nation consultation efforts under provisions 10, 11 and 16 of the Order. Specifically, the Order indicates that the Project occurs within the asserted traditional territory of the Ktunaxa Nation, which is represented by the KNC. The KNC is understood to represent four First Nation communities and their members, including for the purposes of engagement on this Project, ? Akisq’nuk (formerly Columbia Lake), Lower Kootenay, St. Mary’s and Tobacco Plains. Prior to the Section 11 Order taking effect in June 2012, Teck engaged with the KNC about the Project.
Teck and KNC are parties to a Working Protocol Agreement, dated November 1, 2007 (Teck and KNC 2007), which established a broad, non-project-specific framework for ongoing meaningful engagement between the parties. This engagement includes providing the means to advance the Teck-KNC relationship through continuous information exchange in relation to Teck’s activities in the Elk Valley region, and by creating employment and procurement opportunities for Ktunaxa Nation individuals and businesses. Section 4.0 of the Pre-Application First Nations Consultation Report (Appendix A4.2-2) describes Teck’s information distribution and consultation activities with the KNC about the Project as well as key meetings and milestones that have advanced the Teck- KNC relationship prior to submitting the EAC Application. For example, an issues-tracking table, first supplied to the BC EAO on August 31, 2012 and updated and resubmitted on May 8, 2013, outlines how Teck considered and incorporated the KNC’s feedback into the revised draft Application Information Requirements (AIR). The KNC’s questions and concerns, as presented in the issues-tracking table (Appendix A4.1), had the following key themes:
selection and definition of certain VCs; definition of spatial and temporal boundaries for VCs; organization of Section C, comprising the assessment of asserted Ktunaxa rights and interests, and linkages between Section C and other parts of the EAC Application; methods for the human health assessment; water quality and treatment, particularly for selenium;
89 Section C9, which is a summary of Appendix A4.2-2 (Pre-Application First Nations Consultation Report), has not been reviewed or endorsed by the Ktunaxa Nation Council. Ktunaxa Nation Council review of Appendix A4.2-2, submitted November 2014, is anticipated to conclude prior to the completion of the FRO Swift Project EAC Application screening process being conducted by the BC EAO.
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biodiversity definition and methods for the biodiversity assessment; considerations for reclamation, closure and end land use objectives and planning (e.g., biodiversity, water quality, soils); and cumulative effects assessment and management.
Where possible, Teck revised the AIR to directly address KNC concerns. Where adjustments to the AIR were not made in response to KNC concerns, Teck provided a rationale that explained how the concern would be, or was already being addressed elsewhere within the AIR or through another mechanism.
In addition to the engagement activities outlined in Section 4.0 of the Pre-Application First Nations Consultation Report (Appendix A4.2-2) the KNC have participated in the BC EAO-established Working Group for the Project and have had representation on all three of the Working Group subcommittees. Engagement with the Working Group and Working Group subcommittees, including the main actions that arose during pre-application are outlined in Section A4.2.2.
Since February 2012, and concurrently with the engagement activities described in Section 4.0 of the Pre-Application First Nations Consultation Report (Appendix A4.2-2), Teck and the KNC have been involved in negotiations towards an IMBA, which is intended to apply to all of Teck’s planned and existing operations in the Elk Valley, including the Project. KNC outreach to Ktunaxa citizenship to obtain feedback on the IMBA has occurred as part of the negotiations to date.
Upon acceptance of the EAC Application for review by the BC EAO, Teck will comply with Part G – Consultation with First Nations – Procedural Aspects of the Section 11 Order by making reasonable efforts to undertake the activities outlined in Section 5.0 of the Pre-Application First Nations Consultation Report (Appendix A4.2-2) during the Application Stage, subject to modification ordered by the BC EAO, as necessary (BC EAO 2012).
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C10 SUMMARY OF POTENTIAL EFFECTS, MITIGATIONS AND ACTIONS
See Impact Pathway tables in sections C3, C4, C5 and C6 for illustration of Project effects by sector that the mitigations and measures below are designed to address. Mitigations are designed to reduce the impact of potential negative effects. Measures are designed to increase the impact of potential positive effects.
Any measures not already agreed to in existing agreements and not included as conditions of the final Table of Commitments for the FRO Swift Application will be addressed through bilateral agreements or arrangements between Teck and KNC.
If Teck and KNC conclude and sign an IMBA, they will meet to determine which of the FRO Swift Section C mitigations (column 2) will be addressed through measures set out in the IMBA and which will be addressed through other agreements or arrangements. Once Teck and KNC have come to an agreement on how the mitigations will be addressed, they will advise the EAO accordingly.
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.1 Continue engagement with KNC in strategic planning for education and training Working Protocol Agreement November 2007 – PEOWG Based on the PEOWG Strategic Plan, Teck and KNC will maintain a Ktunaxa Human Resources Development Strategy and a workforce investment strategy – Job Ready Strategic Plan. Economic: Education and Training Initiative (both ongoing). These strategies will apply to Teck operations including FRO Swift, and will include: (training, capacity building, and skills recognition) Examination of the proposed Elk Valley expansion and workforce renewal schedule to 2020 to identify job types, skill requirements and expected timelines for program implementation to enable personal education and training plans for job seekers that fit market need; Teck agrees to support an increase in seat capacity in the Mine Apprenticeship Program or other similar trades program, in accordance with a separate budget approved by PEOWG, and to set aside a specified number of seats for priority access for students who are Ktunaxa Citizens; Supporting KNC to develop a diversified strategy with other Elk Valley businesses (e.g., Canfor, Teck, BC Hydro, TCPL) to develop a joint training initiative with funding, training prioritization strategy, and program development; Identification of existing training programs in the Kootenay region and across Canada that could be delivered locally that can assist in focusing Ktunaxa training, and be integrated into a workforce training strategy; Focus of training funds on high school completion and stewardship-based job training linked to mining and the conservation economy (e.g., environmental monitoring, sciences, services, habitat reclamation); Recognition of non-formal education and training as equivalent to educational requirements for mature workers with extensive workplace experience; and Provision of advanced “on-the-job” training or sponsorship of certification or re-certification for Ktunaxa working at Teck to fill educational or training gaps – e.g., sponsor Grade 12 equivalency, upgrade ticketing and certifications, apprenticeships. 10.2 HR Strategy and Communication Referenced in part by the LCO Condition 26. Ktunaxa Prior to EA certification, Teck will make best efforts to work with PEOWG to develop a PEOWG Strategic Plan to address training, education, employment, procurement and Work Force and Business Opportunities Plan. Economic: Employment business development initiatives for Ktunaxa citizens, and fully implement existing communication protocols between Teck HR and the Ktunaxa economic sector and employment services department. (HR strategy and communication) The strategic plan will include measures and commitments to increase Ktunaxa awareness of Teck job opportunities, and promotion of stewardship, mining and trades careers consistent with Ktunaxa cultural values, including the following specifics: While it is recognized that the project is an extension and immediate direct hires will be limited, Teck will inform Ktunaxa at the earliest possible stage regarding Teck call for hires and recruiting centre initiatives for the Project; Communicate job opportunities to Ktunaxa citizens in a manner that explicitly invites Ktunaxa participation, through public and available Ktunaxa media (Ktunaxa website, radio, Ktunaxa newsletter, council and community meetings); Offer Ktunaxa-focused employment workshops in Ktunaxa communities to highlight diversity of jobs available, and requirements, targeted to key groups including youth, women, and older workers; Continue to build the good working relationship between Ktunaxa employment services department and Teck HR department through support for an annual event or meeting of the departments to monitor success and to develop an annual human resources strategy; Work with the KNC and affiliate unions to explore and implement mechanisms that will reduce barriers and encourage increased representation by Ktunaxa in the trades; and Establish an ongoing program to raise awareness of mining-related careers among Ktunaxa youth, including stewardship-based mining activities, trades, reclamation and conservation economy and transferable skills, at secondary school and above level. 10.3: Establish annual targets for direct Ktunaxa employment (through PEOWG)) and systems for monitoring success. Based on the development of a 10-year PEOWG Strategic Plan, and prior to EA certification, establish annual targets for Ktunaxa direct employment in Fording River Economic: Employment Operations’ Swift Project, as well as systems for monitoring success in reaching these targets. Where targets are not met, the parties will enter into the dispute resolution process for corrective actions as per the Protocol Agreement November 2007 (unless replaced by a (targets) more recent dispute resolution such as the IMBA). 10.4 Improve and personalize Teck application and recruitment systems for Ktunaxa Within three months of EA certification, establish an improved and more personal liaison system for Ktunaxa applications and recruitment (including off-reserve citizens). This Economic: Employment system should be integrated with the PEOWG Strategic Plan noted above: Allow identification of Ktunaxa resumes, and provide human review rather than a computerized review process for Ktunaxa applicants; (improved recruitment) Continue to maintain a Teck office in a Ktunaxa community, for the duration of the Project, and as part of the liaison system; Support a Ktunaxa economic sector staff position, paired with a Teck counterpart, dedicated to assisting Ktunaxa prospective hires (on-reserve and off) with tasks like resume writing, computer skills, training plans, skills upgrading, and preparing for mining relevant careers; and Include a feedback process for Ktunaxa citizens who are not successful in their applications or those leaving the workforce (e.g., to assist in tailoring their training upgrading, or communicating resources available through Ktunaxa employment services or other organizations).
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.5 Implement programs to improve work culture, Ktunaxa retention, and advancement at Fording River Operations Based on the PEOWG Strategic Plan, establish a program to improve the work culture at Fording River Operations and support retention and advancement of Ktunaxa workers. Economic: Employment This program will: Work with KNC to identify and address barriers to Ktunaxa retention and advancement at Fording River Operations; (mine site work environment) Work with KNC to provide cross-cultural conflict avoidance training to existing and incoming staff (including Ktunaxa workers) – training should focus primarily on resolution of common, real-life, on-the-job conflicts with secondary focus on cultural awareness and history; Develop an effective reporting mechanism with a Ktunaxa employee/management liaison person (potentially through Ktunaxa Employment Services); and Engage existing or experienced Ktunaxa workers as part of a training and mentorship program to enhance retention of new Ktunaxa staff, and to support advancement of Ktunaxa with leadership/managerial potential. 10.6 High-level planning for business development (short to long term) Within three months of EA certification, prior to issuance of Request for Qualifications (RFQs) or other procurement documents for Project construction, operations and Economic: Business Development closure/reclamation, and based on collaborative development with the KNC of a PEOWG Strategic Plan, Teck will work with the PEOWG to set performance measures for strategically enhancing KNC businesses that may include: (Procurement and pre-qualification) Convene a meeting between Ktunaxa businesses, joint ventures, or entrepreneurs and Teck Procurement Departments to introduce upcoming business opportunities and procurement strategies related to the Project and emphasizing stewardship opportunities; and Support KNC to identify companies and convene a meeting, to be held annually with other large regional resource development or transmission companies (e.g., Canfor, TCPL, BC Hydro), and Ktunaxa, to discuss high-level regional economic planning and strategic procurement involving Ktunaxa businesses. This may be held in conjunction with existing annual meetings regarding procurement, or semi-annual regional Aboriginal business showcases including employment as well as business outlooks. Based on the PEOWG Strategic Plan Teck will also work with PEOWG to encourage “off-site” goods and services procurement activities that do not require on-site certifications (e.g., hosting meetings at St. Eugene’s Mission, Legend Logos) and support for pre-qualification by Ktunaxa businesses that may include: Support for KNC to update and maintain a list of Ktunaxa business capacities for Teck procurement managers; Identify a list of Ktunaxa individuals or small corporations that are pre-qualified for Teck contracts in particular service areas, either independently, or through an umbrella organization such as the Nupqu Development Corporation, or through joint ventures with non-Ktunaxa businesses with appropriate certifications; Provide support for Ktunaxa businesses to meet on-site work requirements (e.g. health and safety); Support a Ktunaxa Economic Sector staff position dedicated to assist small and medium size Ktunaxa businesses to understand and prepare for certification and other Teck pre-qualifications processes, raise capital, and otherwise prepare for Teck opportunities. Establish a Business Development Micro Lending fund to assist with the development, expansion or start-up of new or existing Ktunaxa Businesses. 10.7 Improve communication of business opportunities and Ktunaxa success Based on the PEOWG Strategic Plan, prior to construction, and before issuance of RFQs or other procurement documents for Project construction, operations and Economic: Business Development closure/reclamation, Teck will fully implement existing communication protocols between Teck HR and the Ktunaxa Economic Sector and Employment Services Department to: Inform Ktunaxa businesses at the earliest possible stage (prior to RFQs or RFPs) regarding upcoming Teck procurement opportunities; (Procurement and Communication) Communicate contract and procurement opportunities to Ktunaxa businesses in a manner that explicitly invites Ktunaxa participation, through public and available Ktunaxa media (Ktunaxa website and newsletter, radio, newspaper, Council and community meetings); Continue annual procurement workshops with interested business people in Ktunaxa communities to highlight diversity and duration of opportunities available; Continue to maintain a Teck office in a Ktunaxa community, for the duration of the Project; Work with KNC Economic Sector to support a Ktunaxa business networking, recognition and mentoring program to involve successful Ktunaxa role models in fostering entrepreneurial efforts by other Ktunaxa citizens; Maintain a feedback process for Ktunaxa businesses that are not successful in bids. 10.8 Improve Ktunaxa participation in large contracts and provide contracts at an appropriate scale for Ktunaxa involvement (where feasible) with direct-award of suitable contracts to known qualified Ktunaxa providers where appropriate Economic: Business Development Based on the PEOWG Strategic Plan, and prior to issuance of RFQs or other procurement documents for Project construction, Teck will: Work with KNC to identify opportunities for “unbundling” contracts (e.g., for preparation of Fording River Swift area, ongoing maintenance and service needs, and (procurement) progressive reclamation), or direct awarding contracts, where known qualified Ktunaxa providers exist, especially for stewardship oriented tasks. 10.9 Based on the PEOWG Strategic Plan, and within six months of EA certification, the parties will work to identify potential transportation and housing opportunities that could improve service for Ktunaxa citizens employed by Teck. This may include: Economic and Social A shuttle van to transport workers from Tobacco Plains to Teck sites; A dedicated parking lot for Teck staff in Elko; and (transportation and housing) Improved transportation awareness, or awareness of alternative shuttle services, and health and safety issues related to long commutes from the Project site to Ktunaxa workers’ homes. 10.10 Teck will work with PEOWG to monitor and address potential beneficial and adverse social effects related to increased engagement of Ktunaxa citizens in the Teck work force: Based on the PEOWG Strategic Plan, and within six months of EA certification for FRO Swift, Teck, working with PEOWG, will develop and implement a regular ‘check-in’ Economic and Social program involving Ktunaxa workers at Fording River, their families, and broader communities to identify and address potential positive or adverse social effects that may occur at the individual, family, or community level as a result of increased engagement of Ktunaxa citizens in the Teck work force. (Monitoring success) Provide support to Ktunaxa to conduct a Ktunaxa census oriented survey every three years to monitor baseline trends and track positive and negative changes in socioeconomic conditions.
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.11 Consistent with the LCO Phase II Condition #26, Teck will make best efforts to collaboratively develop with the KNC a Cultural Management Plan for implementation during LCO Phase 2, Condition #26 construction, operations, closure and reclamation. The cultural management plan should: d) Ktunaxa Access Management Plan allows for Ktunaxa TK and Language Ensure Ktunaxa involvement and inclusion of Ktunaxa Traditional Knowledge in remediation and reclamation planning, including end land use objective, to support harvesting and other cultural uses, subject to safety and continued Ktunaxa use and access interests on Project properties; operational considerations and regulatory requirements (LCO specific) Social Ensure Ktunaxa access to the Teck’s properties during appropriate windows and with appropriate permission (see mitigation 17 and 23 below) for harvesting, hunting and cultural use subject to safety and operational considerations and regulatory requirements; Lands and Resources LCO Phase 2 Condition #26 – Ktunaxa Cultural Set out a process to develop and monitor an inventory of cultural resources on the Project property and develop associated management plans for inventoried cultural Management Plan resources; (cultural management) Identify opportunities for integrating Ktunaxa concepts, values and cultural representation into Project operations and work-place culture, mine sites, facilities, executive offices, and in local communities to support Ktunaxa workers remaining connected to Ktunaxa traditions and family networks. This may include identifying opportunities for Ktunaxa names of geographic features, facilities and roads within the Project property to be identified and designated in a culturally appropriate manner; Set out a process to develop cultural education materials and activities for all new employees at mine sites and the Teck’s executive offices, to receive as a part of their required orientation and training; Set out a process to develop cultural education materials and activities for the Project’s senior managers, and potentially higher levels within Teck, including Board of Directors and executive management.
10.12 Ktunaxa Elk Valley Wild Foods Program EVWQP and Valley Wide EMA Permit Consistent with LCO Phase II Condition #25 Teck will make best efforts to collaboratively develop with the KNC a Ktunaxa Elk Valley Wild Foods Program. This will: TK and Language include a process to monitor and annually update, for the life of the Project including reclamation; LCOII condition 25d: Update the 2013 Ktunaxa Nation o information on the consumption of wild food and medicines within the Elk Valley by Ktunaxa citizens; dietary study to determine contaminant risk and update the wild food assumptions used in the Human Health Risk Social o potential Project contaminants to water, wild food and medicines in the Elk Valley, including identifying areas or species of particular risk, and relative safety. Assessment. support ongoing development of and implementation of mitigation and compensation strategies and measures to address contaminants and their impact on Ktunaxa Lands and Resources citizens and the culture of the Ktunaxa Nation; A report describing the results of the consultation and (Water, wild foods and confidence) A culturally appropriate communication strategy to inform Ktunaxa citizens regarding the relative safety or risks of wild foods, water, and medicine consumption in the Elk follow up programs must be provided to Ktunaxa Nation Valley based on scientific and Ktunaxa Traditional Knowledge; and annual on or before December 31 until the requirements of this condition are met to the satisfaction of the Ktunaxa A joint process to ensure the incorporation of Ktunaxa Traditional Knowledge and participation of Ktunaxa representatives in monitoring the health of resources, including Nation. sources of food, water and medicines within and downstream of FRO Swift. This may include an annual meeting, or other annual reporting, between Teck and Ktunaxa citizens to support ongoing use of the Elk Valley, and to communicate results of monitoring and discuss any key issues arising from Project operations. 10.13 Cultural properties protection as addressed in LCO Phase II Condition #24 Also referenced in LCO Condition #24: The Holder must TK and Language only use archaeologists on the Holder’s properties in the Elk Valley who are accepted by Ktunaxa Nation, acting Lands and Resources reasonably, as duly qualified for such work.
(archaeology and CRM) Also in LCO Article 24: The Holder must provide Ktunaxa Nation with reasonable notice and access to the Holder’s Properties to monitor and oversee any archaeological work on the Holder’s Properties. 10.14 Ongoing Access and Use LCO Phase 2, Condition #26 Consistent with the LCO Phase 2, Condition #26 and as part of the Cultural Management Plan, Teck will make best efforts to collaboratively establish with the KNC a Teck-KNC d) Ktunaxa Access Management Plan allows for Ktunaxa TK and Language Access Working Group that will meet at least bi-annually to: harvesting and other cultural uses, subject to safety and Identify annual opportunities for Ktunaxa access to Teck properties to practice Ktunaxa culture and rights-based economic activities, which include, but are not limited to, operational considerations and regulatory requirements Lands and Resources culture camps, treks, hunting, fishing and gathering, subject to safety and operational considerations and regulatory requirements; (LCO specific) Develop and implement a plan and communication materials for the Teck’s employees and Ktunaxa citizens that sets out specific access periods for Ktunaxa citizens and (ongoing access and use) LCO Phase 2 Condition #26 – Ktunaxa Cultural related safety measures; and Management Plan Coordinate with other relevant Teck-KNC working groups on the implementation of the Cultural Management Plan.
Consistent with the LCO Phase 2, Condition #26, Teck will work with KNC Lands and Resources to develop a Ktunaxa Use Management Plan, as part of the Ktunaxa language and culture management plan, for the Fording River Operations, or as a stand-alone document. The plan will include: Provision of support to KNC to coordinate, publicize, and fund (including transportation and honoraria to elders), a community camp of between two to four days’ duration involving interested Ktunaxa elders and youth, to take place prior to Project-related vegetation removal or ground disturbance in the Project area, and located in the Upper Fording valley, or elsewhere in the Elk Valley, as determined by the KNC in consultation with Teck. One objective of this camp would be to access, harvest, and document plants or other resources of cultural value within the Project footprint prior to disturbance. As part of this camp, support for KNC to document, through interviews and film, if appropriate, interactions between elders and youth, including transmission of knowledge regarding the Upper Fording area, and Ktunaxa values associated with it. Support KNC to produce a permanent document, in text as well as film, or on-line, regarding the Upper Fording, and adjacent areas, and focused on mountains, passes, and places, or values that will be, or have been, removed, buried, or impacted by the Project. Teck will make a contribution to support an annual community camp, or similar Ktunaxa cultural event, in the upper Fording or adjacent Valley, for the duration of construction and operations.
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.15 Support Ktunaxa stewardship (including conservation of biodiversity, ungulates, and carnivores) of the Elk Valley LCO Condition #5 Cumulative Effects: The Holder must Prior to construction, establish a Biodiversity Management Plan, Invasive Plant Management Plan, Wildlife Mitigation Plan, and Reclamation Plan that seek to conserve prepare a Biodiversity Management Plan (the “Plan”). TK and Language biodiversity and include provisions for long-term environmental monitoring, with attention to long-term Ktunaxa planning objectives, identification of thresholds for management The Holder must make reasonable efforts to consult with action, anticipated project effects, and climate change in the Elk Valley including: FLNR and Ktunaxa Nation on the development and Lands and Resources implementation of the Plan and on any proposed changes For Biodiversity: to the Plan; The Holder must submit the Plan and the consultation (Planning, wildlife, and end-land use) identify means and mechanisms to include Ktunaxa Traditional Knowledge that can inform Teck’s environmental management practices and plans, including the work of record to FLNR and Ktunaxa Nation within 90 days after the Environmental Working Group (if established), with the goal to ensure continued availability of the resources used by the Ktunaxa; the commencement of operations; and Development of a priority list for ecosystem and species specific actions related to the Project (potentially using the BC Conservation Framework or other appropriate The Holder must provide reasonable funding to Ktunaxa mechanisms; Nation for consultation activity on the Plan. Mapping and describing rare or valued plant communities within the Project footprint (see Section B2.7; D3.1) and involving, where appropriate, Ktunaxa in collecting The Holder must implement the approved Plan. seeds, plants and soil samples to assist with future reclamation maximizing use of native and indigenous seeds or stock; Include Ktunaxa input on end-land use as Reclamation planning progresses; Through reclamation, establishing vegetation communities that are culturally, ecologically and/or economically important to Ktunaxa; and Develop an Invasive Plant Management Plan Management Plan in consultation with the KNC. Teck should offset for biodiversity elements that are lost or impaired due to the FRO Swift Project, or have temporal limits in terms of relying on reclamation to replace on the landscape. This may include establishing habitat offsets through protection or restoration of high elevation wetlands, and parkland forests, and initiating habitat protection for mature and old growth forests that will be lost as a result of the Project. Candidate areas for offsets should be selected based on similar habitat types within the Elk Valley, and in collaboration with the Ktunaxa to ensure that they consider Ktunaxa values.
For Ungulates: Mitigate and/or offset adverse impacts and create (where possible), restore or protect seasonally important habitat in the broader regional context for ungulates to offset for losses associated with the Project in the vicinity of the Fording River Operations. This will support the vision of achieving a net positive impact on biodiversity in areas where Teck operates; Identify and mitigate any identified impacts to linkage zones between seasonally important summer and winter habitat; As part of broader habitat mitigation and offsetting plans, consider implementation or improvement of a road safety program to reduce animal mortality by implementing speed restrictions, improving signage and other measures (e.g. wildlife reflectors), both within the Project area and/or where feasible along major transportation corridors used by workers or support vehicles associated with the mine; Reduce food sources or attractants near infrastructure (e.g.,. reduced use of salt on roads and of browse near roads);
For carnivores: Mitigate and/or offset adverse impacts (support net positive impact) to carnivore habitat in the Project area; Support regional watershed level planning initiatives (see C2.8). These may include participating in programs aimed at securing connectivity or linkage zones due to effects of proposed or existing industrial materials transport and use of Highway 43 (particularly for grizzly bears as described by Apps, 1997); Maintain an FRO bear aware program to avoid attractants in the Project area; and Investigate need for further studies on biodiversity, carnivore and ungulate population trends in the region to determine the possible role of the Project, or other mine properties, in future reclaimed conditions, as refugia.
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.16 Support Ktunaxa stewardship of water and environmental quality, including fish and fish habitat within the Elk Valley LCO Phase 2 Condition #6: The Holder must prepare a Within five years, Teck and KNC will review existing programs and plans related to water stewardship and, if needed or appropriate, jointly develop a program to encourage a Regional Fish Habitat Management Plan (the “Plan”)…. TK and Language culture of water stewardship by employees within the Project work environment. Condition #15 references Fish and Fish Habitat Prior to EA certification and in support of implementation of the EVWQP, Teck will work with Ktunaxa to: Compensation Plan… Social Determine funding mechanisms to support Ktunaxa participation in the implementation of all aspects of the Elk Valley Water Quality Plan and associated Valley-Wide Condition #16 references Westslope cuthroat trout Permit, including progress reporting to the Ktunaxa Nation government and communities, with the understanding that this mitigation will be removed if there is agreement population assessment. Lands and Resources on a broader funding strategy between Teck and the Ktunaxa; and Further in the EVWQP the following studies are referenced: Identify unimpacted tributaries in the Project Aquatic LSA to be included in the Tributaries Evaluation Program as required under the Valley Wide EMA Permit. This Economic mitigation will be removed if agreement on the unimpacted tributaries to be included in the Tributaries Evaluation Program is reached prior to the end of the EAC review Regional Aquatic Effects Monitoring Program period Local Aquatic Effects Monitoring Program (Water and Fish) Regional Adaptive Management Plan, that includes Also see Section B2 for additional detailed mitigations. indicators and triggers appropriate to the Project Regional Tributary Evaluation and Management Plan, that includes tributaries in the RSA Regional Groundwater Monitoring Program, that includes areas within the LSA Regional Calcite Monitoring Program, that includes receiving waters within the LSA Regional Cumulative Effects Monitoring Framework, that includes the LSA 10.17 Reduce impacts from increased duration of road use and access as part of closure plan Prior to Project construction Teck will work with KNC Lands and Resource to develop a Conceptual Fording Swift Operations Closure Plan including: Provisions in the Reclamation plan to decommission road networks (including reclamation of road beds) for the Fording River property and adjacent areas; and TK and Language Establish targets and concrete programs for reducing collisions with wildlife. Lands and Resources
(Roads and access management)
10.18 Support for further Ktunaxa research, documentation, and communication regarding past, present, and future Ktunaxa use and occupation of the upper Fording Valley, or LCO Phase II Condition #26 downstream. This work will be designed for inclusion in reclamation planning and establishing reclamation objectives to support opportunities for long-term future viability of the TK and Language area for Ktunaxa cultural use.
Lands and Resources
(Ongoing support and reclamation) 10.19 Improve protection and cultural interpretation of Ktunaxa sites and properties associated with, and potentially disturbed by Fording River Operations As above see Condition #26 in LCO Phase II conditions. Prior to Project construction, and as part of the Ktunaxa cultural management plan for the Fording River Operations, or as a stand-alone document, Teck will work with KNC TK and Language Lands and Resources to: Identify the nature and extent of trail corridors and associated passes in the area of Britt Creek and extending to the eastern slopes of the Rockies, and including areas Lands and Resources historically disturbed by existing infrastructure (including rail link and access road) that will continue to be used by the Project. This work will include, where appropriate, rehabilitation of trails, marking of trail sections interrupted by disturbance, and additional archival or oral historical research regarding them. (reconnection of trail corridors) 10.20 Support KNC to confirm land planning objectives for the Elk Valley EVWQP references objectives and processes for planning Prior to EA certification, Teck will: regarding water quality TK and Language Work with KNC to develop end land use objectives for the Project for consideration within the Reclamation Plan. Lands and Resources
(end land use objectives)
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# and KNC Sector FRO Swift: Section C Recommended Measures and Mitigations Related Measures that currently bind Teck 10.21 Support recognition of Ktunaxa stewardship and governance in the Elk Valley Confirm Teck support, through a letter or other document, for government-to-government revenue sharing and, where appropriate, bilateral or harmonized policy development, TK and Language between Ktunaxa and Provincial or federal crowns.
Lands and Resources
(Recognition of KNC governance) 10.22 Accounting of coal resources removed from Ktunaxa territory through past Fording River operations: Within six months of EA certification, Teck will provide a full account of past resources removed from Fording River properties Economic Teck will continue to update the KNC on an annual basis regarding the amount of resource removed from the area as a result of the Project. Lands and Resources
(Accounting of Coal resources removed)
10.23 Ktunaxa monitoring and annual reporting: Monitoring referenced in the Permit for the EVWQP under Within six months of EA certification, and through IMBA or other agreements, Teck will provide funds for: the TOR for the Environmental Monitoring Committee. All sectors Ktunaxa to confirm compliance with management plans.
(Compliance monitoring) Teck will undertake to provide the KNC with an annual report by June 15 (or otherwise as agreed to by the KNC) of each year during construction, operations, closure and reclamation regarding implementation of EA conditions, or other commitments made through IMBA or other formal or informal arrangements with KNC.
December 2014 C10-7 Teck Coal Limited - Fording River Operations Swift Project Environmental Assessment Certificate Application
C11 REFERENCES
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C12 GLOSSARY
Ktunaxa Translation/meaning
¢am̓ na ʔamakʔis Ktunaxa land district south of the Elk Valley, also called Land of the Woodtick k’upawi¢q’nuk Ksanka Band near Elmo, Montana; place name, head of the lake ka·kin wolf (Canis lupus) kamnuqǂuqat and ¢upqa white tailed and mule deer (Odocoileus spp.) qatmuknı̓ k̓ an earlier branch of the Ktunaxa Nation named from their campsite gatniuk, located on the Columbia immediately south of the mouth of Toby Creek kiǂqq̓ aǂǂ elk (Cervus elaphus) kwiǂqǂi mountain sheep (Ovis canadensis) or ram kyaknuqǂiʔit Home of the Kinbasket or Shuswap band near Invermere, BC
kyanukxu goat (Oreamnos americanus) kǂawǂa grizzly bear (Ursus arctos horribilis) matit’ whitefish (Coregonus lavaretus) naxni caribou (Rangifer tarandus) ni¢napku moose (Alces alces) nupqu black bear (Ursus americanus) k̓ aqawakanmituk Michel Prairie qukin nuʔkiyʔis Raven’s rock, or coal qukin ʔamakʔis Ktunaxa land district in the area of Elk Valley, also called Raven’s land qustit’ trout – Westslope cutthroat trout (Oncorhynchus clarkii)
swaʔ cougar (Puma concolor) Tak̓ a¢ squirrel (Sciuridae spp.) tuhuǂ bull trout (Salvelinus confluentus) yaqan nuʔkiy Home of the Lower Kootenay Band on Kootenay Lake yaqaŧ hankatiŧiŧki na the Ktunaxa phrase that captures the interconnectedness and the ʔamak stewardship concepts applicable to land management ʔaqaǂq̓ anuxwatiǂ Ktunaxa oral history ʔa¢̕pu wolverine (Gulo gulo) ʔakink’umǂasnuqǂiʔit Home of Tobacco Plains Band, or Tobacco Plains area near Grasmere; place name, a prairie on Tobacco Plains Reserve
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Ktunaxa Translation/meaning ʔakisq’nuk Home of First Nation by Columbia Lake near Windermere, BC ʔaknumu¢tiŧiŧ Ktunaxa Nation laws on how to live with the land ʔakuk’pukam speaks to anything that gets life from the earth through roots ʔakuk’pukamnam builds on ʔakuk’pukam and adds the human dimension, whereby the earth’s life is translated into human life ʔaq’am Home of the St. Mary’s Band near Cranbrook, BC ʔaq’anqmi Home of the Kootenai Tribe of Idaho near Bonners Ferry, Idaho ʔayut Loveage (lingusticum spp.), a medicinal plant growing in low, wet areas in high country
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C13 ACRONYM LIST
Acronym Definition AANDC Aboriginal and Northern Affairs Canada ABE Adult Basic Education AFN Assembly of First Nations AIP Agreement in Principle AIR Application Information Requirements ATK Aboriginal Traditional Knowledge ATV All Terrain Vehicle BC British Columbia BCEAA British Columbia Environmental Assessment Act BCMAG British Columbia Ministry of Attorney General BCMOE British Columbia Ministry of Environment CABIN Canadian Aquatic Biomonitoring Network CCHS Canadian Community Health Survey CCME Canadian Council of Ministers of the Environment CCRIFC Canadian Columbia River Inter-Tribal Fishery Commission CI Calcite Index CO Carbon Monoxide COSEWIC Committee on the Status of Endangered Wildlife in Canada CRM Cultural Resource Management EA Environmental Assessment EAC Environmental Assessment Certificate EAO Environmental Assessment Office ECDA Economic Community Development Agreement EMA Environmental Management Act EPT Ephemeroptera, Plecoptera and Trichoptera ESSF Engelmann Spruce–Subalpine Fir EVWQP Elk Valley Water Quality Plan FNHC First Nations Health Authority FRO Fording River Operations GHG Greenhouse Gases
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Acronym Definition GIS Geographic Information Systems HBC Hudson’s Bay Company HR Human Resources IHA Interior Health Authority IMBA Impact Management and Benefit Agreement INAC Indian and Northern Affairs Canada ITP Individual Training Plans KFWMC Ktunaxa Fish and Wildlife Management Committee KKCFS Ktunaxa Kinbasket Child & Family Services Society KKCFSS Ktunaxa/Kinbasket Child and Family Services KLRA Ktunaxa Nation Lands and Resources Agency KNC Ktunaxa Nation Council LCO Line Creek Operations LCOII Line Creek Operations Phase II LRC Lands and Resources Council LSA Local Study Area MEM Ministry of Energy and Mines MFLNRO Ministry of Forests, Land and Natural Resources Operations MIHR Mining Industry Human Resources Council MOE Ministry of Environment MS Montane Spruce MU Management Unit NWMP North West Mounted Police PEOWG Procurement and Employment Operational Working Group PM Particulate Matter RAEMP Regional Aquatic Effects Monitoring Program RDEK Regional District of East Kootenay RFD Reasonably Foreseeable Development RSA Regional Study Area SEA Strategic Engagement Agreement TB Tuberculosis TCPL TransCanada Pipeline
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Acronym Definition TEK Traditional Ecological Knowledge TK See TEK TKL Traditional Knowledge and Language TOR Terms of References UNDRIP United Nations Declaration on the Rights of Indigenous Peoples UNESCO United Nations Educational, Scientific and Cultural Organization UNHR Universal Declaration of Human Rights US United States VC Valued Component WCT Westslope Cutthroat Trout WHMIS Workplace Hazardous Materials Information System WQG Water Quality Guidelines
December 2014 C13-5 APPENDIX C-I
KTUNAXA EMPLOYMENT STATISTICS AND EMPLOYMENT OPPORTUNITIES THROUGH COAL MINING Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-I KTUNAXA EMPLOYMENT STATISTICS AND EMPLOYMENT OPPORTUNITIES THROUGH COAL MINING
One of the key potential beneficial attributes of Teck’s operations in the Elk Valley is the employment and associated high wage income it provides. However, Ktunaxa citizens have had a difficult time entering into and maintaining employment in the coal mining industry over the years, either through direct employment and working for subcontractors to mining companies. This has been improving due to efforts by both parties through PEOWG and other mechanisms to address barriers to employment and training though success has been limited to date.
This summary focuses on issues related to direct employment. Working directly for Teck at its Fording River Operations and other Elk Valley coal operations presents difficult trade-offs for Ktunaxa citizens. Nonetheless, Teck is the largest private sector employer in the RDEK and many Ktunaxa would like to have the opportunity to take part in the economic activity generated by coal mining. Until now, all parties agree that this opportunity has been constrained by a variety of factors that need to be removed or reduced for the Ktunaxa to truly benefit in terms of employment from Teck operations.
Baseline Ktunaxa Employment Information and Trends
Despite recent improvements, Aboriginal people face many remaining hurdles to employment. Aboriginal participation rates in the Canadian wage economy have grown consistently over the past decade and a half to a level that is almost equal to non-Aboriginal rate. In 2011, the Aboriginal population in Canada reported a participation rate of 61% compared to 66% for non- Aboriginals aged 15 years and over (Statistics Canada 2013a). The unemployment rate of Aboriginal people has also declined but in 2011 remained almost two times the rate for non-Aboriginals (15% vs. 7.5% – Statistics Canada 2013a). In BC, “employment prospects for the Aboriginal population are much bleaker than for the non-Aboriginal population”; First Nations people living on reserves had the highest unemployment rate at 26.6% in 2011 (Statistics Canada 2013a).
Educational status is central to employment potential, but it would appear that so too is racial status and labour mobility in British Columbia. Even when educational attainment is higher, Aboriginal people have much lower income rewards. In 2005, non-Aboriginal people aged 25 to 54 with a Bachelor’s degree or higher had an average employment income of $63,957, compared to $50,569 for First Nations people (BC Stats 2009a). The gaps are even larger for the on-reserve First Nations population, indicating a broader range of challenges. While the employment rate of non-Aboriginal people without a high school diploma was 35% in 2011, that of on reserve Aboriginal people with the same educational status was 25% (Statistics Canada 2013a).
The low local First Nations and particularly Ktunaxa employment in mining documented in this Study is unfortunate for a variety of reasons. First, the income associated with mining is much higher than the income associated with other goods producing sectors or the services sector (MIHR 2007). Second, many of the jobs in mining are a good match to the skills of the available
C1 Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application and upcoming Aboriginal workforce. Canada-wide, Aboriginal people were more likely to work as trades and transport equipment operators as well as occupations unique to the primary industry than were non-Aboriginal people in 2010 (Usalcas 2011). Third, the Ktunaxa goal of creating a real, self-sufficient economy, premised in large part on being able to take fair advantage of developments on their Traditional Territory, requires that a greater proportion of the workforce in the coal mining sector come from the Ktunaxa population.
Finally, the Ktunaxa, especially their younger people, need better access to jobs in general. In the Ktunaxa communities unemployment levels, especially among youth, are high, income levels are relatively low and economic diversification is limited. Columbia Lake Band (?akisq'nuk) currently has the highest educated population of all the Ktunaxa Bands at a 33% with completion rate for people aged 15 and over, a fact also reflected in its relatively low unemployment rate (for a BC Aboriginal on-reserve community) of 13.3% (Statistics Canada 2013a). However, its job market relies heavily on social services (often KNC administration positions) and relatively lower paying jobs in the services industries. Comparatively, in 2011, the Tobacco Plains Band had an official unemployment rate of 28.6% (Statistics Canada, 2013a).
Tapping into the demographic of young Ktunaxa who are unemployed, as well as unemployed or underemployed older and more experienced Ktunaxa citizens, is in the interests both of Teck and the Ktunaxa. In general, BC is dealing with a retirement bubble. As BC Stats (2010c, p.1) recently put it:
The leading edge of BC’s baby boom generation is set to turn 65 next year. Many baby boomers have already retired, but the rate of retirement for this cohort is likely to escalate in the coming years, which could have serious implications for the province’s labour force. More than ever before, it will be critical for employers to have succession plans and training programs in place in preparation for the need to replace retiring employees.
The mining industry in BC and the RDEK has a rapidly aging workforce. Teck is among those companies currently facing a rapid onset of employee retirements (Johnstone 2010, pers. comm.), a gap for which the current and near future demographic structure of the Ktunaxa Nation is readily capable of filling. Already, Teck has noted there will be a major recruiting effort to replace these workers. It is questionable whether adequate replacements can be found among the existing populations of the four communities nearest the mines. As of 2010, 85% of the workforce lives in one of the four Elk Valley communities of Sparwood, Elkford, and Fernie and the Crowsnest Pass, in Alberta. Due to the rapidly aging workforce and the lack of a well-trained labour pool with coal mining experience in the East Kootenay region, Teck has been looking further afield during this transition period. This has included recruiting in Alberta and as far away as Vancouver (R. Scott 2010, pers comm.). This is a temporary solution at best that does little to promote the regional economy of the East Kootenays or the Ktunaxa Nation.
Aboriginal youth represent a wealth of future labour resources to help fill this gap, with 46 per cent of individuals under the age of 25 compared to 29 per cent for the rest of the population (Aboriginal Affairs and Northern Development Canada 2013). Aboriginal employment in mining grew to 7.5% of the total mining workforce in 2006 (Natural Resources Canada, 2009). This is almost double the population percentage of 4% Aboriginal people in Canada. Across Canada
C2 Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application approximately 650 Aboriginal people in BC were employed in mining in 2006, an increase of more than 80% from 2001 (Natural Resources Canada, 2009). Mining jobs are among the highest paying of any profession for Aboriginal and non-Aboriginal employees alike (though non- Aboriginal mining employees average $18,000 more than Aboriginal workers; Natural Resources Canada 2009).
The Ktunaxa population is younger and have a higher population percentage poised on the edge of entering the job market than non-Aboriginal people in the RDEK (BC Stats, 2010a). In 2006, almost one quarter of St. Mary’s population was in the 10-19 age range. Thus, while not as young as many Canadian Aboriginal groups, between 40-55% of the Ktunaxa population is under the age of 25 years (depending on community). A high proportion will be entering the job market over the next decade. Given the rate of turnover due to retirement from Teck’s aging workforce, now is the ideal time for the Ktunaxa to engage more fully into this mining economy.
The retirement challenge faced by Teck, combined with the growing number of young Ktunaxa people entering the job market, represents an opportunity for more equitable engagement. It is in the interests of both the Ktunaxa and Teck to consider a longer term, more stable and regionally- focused solution than recruiting from outside the RDEK – a win- win situation where Ktunaxa, with a much higher percentage of its population entering the workforce than that of surrounding populations, are given greater training and opportunities to engage in the Teck mining operations. All parties need to work together to remove current barriers to the recruitment, retention and advancement of a Ktunaxa workforce.
Barriers Identified to Greater Ktunaxa Employment
The following issues emerged that threaten to reduce the ability of the Ktunaxa to meet their employment goals and aspirations in relation to coal mining in the Elk Valley:
• Lack of awareness of available job opportunities. Given that the bulk of jobs have always been divided between the four ‘coal mining’ communities, the recruiting centre is located east of Sparwood away from primary Ktunaxa communities, many Ktunaxa do not have experience with Teck’s recruiting process or job advertisement systems, and in the past the Ktunaxa Employment Department was not well engaged with Teck, there were many job opportunities that Ktunaxa simply do not hear about.
• The recruiting process. Ktunaxa Economic Sector staff note complaints from Ktunaxa that there is “no way to get a job with Teck”. This is linked to the fact the recruitment process is largely electronic. In the past, this has made the application process difficult for many Ktunaxa who do not have extensive computer skills training to develop resumes.
• A lack of the proper educational and training qualifications. The Ktunaxa face larger socio-economic hurdles that limit their ability to gain the education and training to compete skills-wise with non-Aboriginal job seekers. For example, a seemingly simple requirement like a valid driver’s license can be an unsurpassable barrier for some Ktunaxa people who either have never had a vehicle and never gotten a license, or have lost their licenses. In addition, while education and training opportunities are growing as the Ktunaxa Nation is rebuilding, high school graduation rates are still lower than those of their non-Aboriginal RDEK counterparts.
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• No prioritized hiring for Ktunaxa. Ktunaxa citizens are currently underrepresented in coal mining, a condition that goes back to the outset of mining in the Elk Valley. Despite this long term employment inequity and the obvious education and training gaps, there is still no clear plan for prioritizing Ktunaxa citizens in the hiring process.
• Distance from home of the mine sites and length of daily commutes. Figure Appendix C-1-1 indicates the approximate distances and drive times between the four Ktunaxa communities (St. Mary’s is near Cranbrook; Lower Kootenay near Creston) and Elkford, the farthest north community in the Elk Valley, at the heart of the coal mining district, alongside the distances from the other three main coal mining communities. The desire to avoid the long and arguably unsafe four hour return daily self-commute currently leads to a choice between:
− Not choosing to pursue a job at the mines at all; − Moving to one of the closer communities; − Getting accommodation in one of the closer communities (usually Elkford or Sparwood) part time and staying there during their shift rotation, which is typically a “four on: four off” schedule; − Taking temporary accommodation near the mine and returning home for time off; or − Choosing to seek opportunities with employers (Ktunaxa or non-Aboriginal) who provide mining related goods and/or services and who are based closer to home.
• All of these options require tradeoffs between economic and social well-being (see below). Tobacco Plains is better situated for a daily commute to Elkview and Coal Mountain, but still it is approximately three hours return from most of the mines.
• Lack of willingness to relocate away from home for those who would not be able to conduct a daily commute, including cultural difference, cost of living concerns, and the loss of familial and community connections. The type of psycho-social impacts faced by Aboriginal migrant workers both at work and at their temporary residences can create spin off effects on family and community life, and any pressures for increased out-migration is a major concern for a Ktunaxa Nation where more than half of all residents already live outside their home community.
• Need for culturally-desirable work conditions. Testimonial by former workers and their families tell us that Ktunaxa who have or continue to work for the coal mines have been subject to a variety of pressures and socio-cultural conflicts that influence both their willingness to stay working at the mine and their overall well-being. According to results from surveys conducted during the Ktunaxa’s development of a Draft Land Use Plan for its traditional territories (Ktunaxa Kinbasket Treaty Council (2005), Ktunaxa citizens are most interested in wage economy jobs that embrace the principles of working on the land in renewable resource stewardship and sustainable extraction, particularly in the harvesting and rehabilitation of timber lands, tasks inherently linked to the Ktunaxa rights-based economy (trapping, gathering plants, hunting and fishing), or showing other people Ktunaxa lands through guiding and other tourism related activities.
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Figure Appendix C-1-1: Distance in km and (Drive Time) from Elkford 350 300 250 200 150 100
Distance Distance KMsin 50 0
Creating Conditions for Success
A few existing factors may assist in increasing Ktunaxa employment at the Fording River Operations and other Teck mines in the Elk Valley.
• Demographics: Teck’s existing mining workforce is aging rapidly and a large pro- portion will soon be retiring. While the Ktunaxa population is not nearly as young as the Canadian Aboriginal group average, it is slightly younger than the RDEK non-Aboriginal population. Thus, the Ktunaxa are demographically well situated to be among the young people who start working at the Fording River Operations and other Teck operations during this workforce transition period.
• Improved Teck-Ktunaxa relations: Since Teck took 100% control in the Elk Valley coal mines, relations with the Ktunaxa have improved markedly. There have been programs developed to attempt to improve communications, Ktunaxa employment, and procurement, including the Working Protocol Agreement l (2007) and the Consultation Protocol (2010) and the current Impact Management and Benefit Agreement negotiations (2012 to present).
C5 APPENDIX C-II
AN OVERVIEW OF THE CURRENT KTUNAXA BUSINESS DEVELOPMENT Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-II AN OVERVIEW OF THE CURRENT KTUNAXA BUSINESS DEVELOPMENT
Central both to Ktunaxa Nation rebuilding and the development of a real, self-sufficient locally based economy is the development of a strong group of Ktunaxa businesses and an entrepreneurial culture. The Ktunaxa Nation values resource management and economic opportunities for their community members within their Traditional Territory. One of the central methods of developing economic opportunities for the Ktunaxa is through an active, locally developed business sector.
Reflecting this, the Economic Sector’s mandate starts with a desire “to cultivate economic development through entrepreneurship and business opportunities in our communities” (Ponte 2010). Among the economy building goals of the Economic Sector are the following:
• develop a Ktunaxa entrepreneurial class;
• free Ktunaxa businesses from red tape by removing barriers and leveraging access to capital;
• achieve high levels of employment and fair wages for Ktunaxa employees, and achieve economic parity with mainstream of Canadian society; and
• establish the Ktunaxa Entrepreneurship and Equity fund.
Teck is the number one company in terms of revenue generation in the Kootenays (RDEK 2009) and the largest private sector procurer of goods and services. Traditionally, very little of that procurement has been awarded to Ktunaxa-based businesses though the parties are making efforts jointly to improve this. As the Ktunaxa business sector grows and the rights and interest of the Nation to be engaged beneficially on activities are more fully asserted, especially non- renewable resource extraction from its Traditional Territory, it is envisioned that the Ktunaxa business sector and Teck will be key partners.
In recent years, Aboriginal economic conditions have improved in many parts of Canada. Reasons include the recognition of Aboriginal economic rights and interests by business and the Crown, land claims and treaty negotiations have become entrenched leading toward an eventual redistribution of physical Crown assets, increased Aboriginal entrepreneurship and risk-taking, and entry into partnerships between Aboriginal groups and non-Aboriginal businesses. Resource revenue sharing, particularly through Impact Benefit Agreements between proponents and Aboriginal groups, has played a major role as well.
The Ktunaxa have been engaged in this business world in three different layers of businesses. One is the Ktunaxa Nation itself. In the 1990s, what was then known as the Ktunaxa Kinbasket Tribal Council started the Ktunaxa Kinbasket Development Corporation, a natural resource management firm owned by the communities of the Ktunaxa Nation that has since changed its name to Nupqu Development Corporation. Nupqu is a business unit of the Ktunaxa Nation through a holding company called Ktunaxa Holdings Ltd., which also includes FlexiNET
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Broadband, and SEM Holdings. Nupqu has started business initiatives such as the Ktunaxa Nation Community Forest, a joint forestry management strategy with Natural Resources Canada and the provincial Ministry of Forests (Province of British Columbia: 2009).
The St. Eugene’s Mission Resort is an example of the second layer of Ktunaxa-businesses: individual nation-owned businesses that have generated revenue and job opportunities in the Traditional Territory.
While there are some good examples of entrepreneurial companies that have flourished, such as Tipi Mountain Nurseries of St. Mary’s and Legend Logos out of Lower Kootenay reserve, the third layer of businesses – individual Ktunaxa entrepreneurs – has been less successful than these Nation-based initiatives. Data from BC Stats (2009a) indicates that the Aboriginal people in College Region 5 – Rockies1, Aboriginal self- employment rates in 2006 were 5.7%, lower than the BC Aboriginal average of 6.8% and approximately half the rate of 10.9% for non-Aboriginal people in the Rockies district. The inability to access capital for business start-ups, including the inability to leverage one’s home on-reserve due to the Indian Act, low levels of savings linked to persistent poverty, and lack of advanced education are all factors that conspire against Ktunaxa entrepreneurship, according to interview respondents from KNC and KNC businesses.
The Ktunaxa Economic Development and Investment (KEDI) arm of the Economic Sector of the KNC has played a key role in facilitating business development. As part of its mandate, the KEDI assists in business planning and start-ups, securing financing, after care, and development and maintenance of a Business Library and Ktunaxa Business Director (Ktunaxa Economic Sector Strategic Business Plan: 2010).
Interviews conducted for the LCO Phase 2 application (Helder Ponte 2010, pers. comm., Norm Fraser, 2010, pers. comm.) indicated that prior to 2007, there was virtually no engagement of Ktunaxa-based businesses in procurement with the coal mines (Teck 2012). Since then, there has been reported growth as both parties have committed to work together to strengthen their economic ties. This was formalized through the signing of the Working Protocol Agreement in November 2007. Subsequent efforts have focused on the development of a procurement strategy to:
• help inform Teck on Ktunaxa businesses;
• help inform Ktunaxa businesses of potential Teck procurement opportunities; and
• develop a pre-qualification guideline to assist Ktunaxa contractors to understand what certifications and insurance requirements they must have to work on the Teck site.
Teck can play a major role in the development of the entrepreneurial culture sought by the Ktunaxa Nation. Teck is the single largest purchaser of goods and services in the RDEK. Businesses that have provided goods and services to the Teck operations include:
• Nupqu, which has developed a strong relationship with Teck and currently provides forestry- related services, bio-engineering services in support of site reclamation and environmental work, including fuel treatment and danger tree management;
1 The Province of British Columbia divides geographic regions in different ways and by different names according to the information being sought. In this case, the Rockies College Region is effectively identical to the RDEK.
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• Tipi Mountain Eco-Cultural Services;
• Seedlings and native shrubs are purchased from the Tipi Mountain Plant Nursery (formerly a St. Mary’s Band company and now a private Ktunaxa-owned company);
• Wood products from the Tobacco Plains Sawmill; and
• Printed products and logos from Legends Logos, run by a private entrepreneur.
It would appear that there is a short-term current trend upward in the amount of procurement Teck is awarding Ktunaxa-related businesses. That said, there is still a strong imbalance between Ktunaxa-based and other regional businesses in their ability to get contracts providing goods and services for Teck. Only a very small portion (well below 1%) of procurement with Teck accrues to Ktunaxa related businesses.
Part of the current deficit is likely attributable to the low number of Ktunaxa-related businesses. Thus, strategies to improve Ktunaxa procurement with Teck will be focused on two fronts:
• Creating more Ktunaxa-related businesses; and
• Ensuring greater access of Ktunaxa-related businesses to Teck’s procurement needs.
Current Initiatives, Remaining Barriers
Recent investments in communication and formal strategic relations between the Economic Sector of the KNC and Teck provide the Ktunaxa with a strong sense that Teck is committed to engaging with existing Ktunaxa procurement providers, as well as providing support where feasible to increase the capacity of other Ktunaxa businesses to be created or existing ones to take advantage of opportunities provided by Teck. It will take efforts both by Teck and by the Ktunaxa to overcome current barriers to engagement and create the business capacity and procurement environment to make this a reality however.
Both parties recognize they have a role to play in creating conditions for success in business procurement. The Ktunaxa Economic Sector, in its July 2010 Strategic Business Plan, identifies Goal #5 as “Focus on Aboriginal Entrepreneur” and commits a number of resources to activities and action items to facilitated the development of an entrepreneurial character for the Nation.
Some bilateral commitments and progress toward implementing them have already been made as well. Teck and Ktunaxa have established a benchmark for procurement and are tracking it annually. They are now working on a pre-qualification mechanism. Other mitigation already committed to by Teck and Ktunaxa includes:
• facilitation of an annual meeting of potential Ktunaxa businesses with Teck Procurement Departments
• development of preferential purchasing practices, for example: − ‘Right of first refusal’ on certain types of contracts or other forms of preferential treatment for Ktunaxa for certain simple services such as refilling of fire extinguishers; − Including a clause in tender documents encouraging Ktunaxa participation;
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• supplying an as-updated Ktunaxa Business Directory and regular updates to Teck on available Ktunaxa businesses interested in working for Teck; and
• Ktunaxa Economic Sector hosting of a semi-annual regional Aboriginal Business Showcase.
C4 APPENDIX C-III
OVERVIEW OF KTUNAXA EDUCATION AND TRAINING Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-III OVERVIEW OF KTUNAXA EDUCATION AND TRAINING
In basic education and training attainment, as with most socio-economic characteristics, Aboriginal people have seen both recent growth and at the same time continued overall lower success in comparison to non-Aboriginal people across a variety of categories such as high-school graduation rates and post-secondary diplomas. Across Canada, 43% of Aboriginal people aged 15-64 living on reserve have not completed their high school education, compared to 29% of Aboriginals off reserve and 12% of the non-Aboriginal population. In 2006, Canadian Aboriginal people were almost three times less likely to have a university degree (8% vs. 23%) than non-Aboriginals. The 2011 National Household Survey (NHS) reports that 88.4% of non- Aboriginal British Columbians aged 25-64 have their graduation certificate versus 57% of the Aboriginal on reserve population, and that 62.5% of non-Aboriginals have completed some form of post-secondary education, vs 37.1% for Aboriginals on-reserve. Figure Appendix C-III-1: KNC Educational Attainment Data (2011)
No certificate, diploma or degree High school diploma or equivalent Postsecondary certificate, diploma or degree 60%
50%
40%
30%
20%
10% % of population% of 15+ years 0% Tobacco Plains Band St. Mary's Band Lower Kootenay Columbia Lake Band Band
Statistics Canada 2011 (National Household Survey)
As with most Canadian and British Columbian Aboriginal Groups, the Ktunaxa have been at a systematic disadvantage in access to, and therefore completion of, education and training since the time of contact onwards. This is represented in the Ktunaxa with lower high school graduation rates (see Figure Appendix C-IV-1), lower post-secondary attainment rates, lower rates of trades and other professional certifications, among other factors. 2010 Ktunaxa Census data (combining both on-reserve and off-reserve populations) indicates that overall, approximately one third of Ktunaxa beyond the school age have not finished high school, another third completed their Dogwood certificate during their school age years, while another third either received only a “school leaving” certificate or completed high school equivalency in later years. This is far below RDEK and BC averages for educational completion levels.
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This lower status in mainstream education and training translates into lower engagement in the wage economy (higher unemployment rates, lower participation rates), lower average wages for workers, slower advancement rates within the wage economy, higher reliance on social assistance, and other adverse economic outcomes.
Nonetheless, there are signs of improvement and hope. With growth in education status over time among Aboriginals, combined with their higher percentage of youth entering the Canadian workforce, comes opportunity. Aboriginal people’s trade certifications and diplomas are starting to rival and in some cases exceed those of non-Aboriginals on a proportional basis. There is a strong need for sustained emphasis on certification in the trades to sustain the natural resource economy, in particular, as hundreds of thousands of workers are leaving the workforce every year.
Aboriginal people are making strides to overcome the “education gap” that has been in place for so long from both sides of their demographic. More young people are completing school and more working age people are completing their graduate equivalency diplomas. According to BC Stats (nd), Aboriginal people aged 25-54 were slightly more likely to have attended school full- time than their non-Aboriginal counterparts.
The Ktunaxa are among these Aboriginal groups for whom education has become a major priority. The Ktunaxa have a successful Adult Basic Education program. Both St. Mary’s and the Columbia Lake (Aqamnik School,) reserves have K–6 schools that include Aboriginal programming alongside the provincial curriculum. This is important for the future of Ktunaxa education because Aboriginal run education programs have been shown to have higher success rates for Aboriginal students than mainstream schools. However, the Ktunaxa have neither the population base nor resources to offer a Ktunaxa-only high school at this time and all Grade 7-12 students must go to schools in non-Aboriginal communities.
While basic education statistics are improving, respondents noted that there are still a high number of the Ktunaxa workforce, especially among the young and older males in the un- skilled or semi-skilled labour market, who either have not received or do not have current certifications required to get jobs with Teck. These required certifications may include first aid, WHMIS, H2S, among others. In fact, the lack of a driver’s license is a common enough occurrence that several respondents noted it as a barrier keeping certain Ktunaxa workers from getting jobs.
Potential Impacts of the Project
Again, it is not particularly useful to separate the Project from the overall training and education requirements required by all the Teck operations for their workforce into the near future. Teck’s Elk Valley operations could encourage increased training among Ktunaxa job-seekers. Access to a well-paid, full time mining-related jobs can be a strong incentive to get job-ready certifications.
It is also possible that if there was a very strong desire by Ktunaxa youth to work at the mines, this might act as a draw away from post-secondary studies, with young people joining the high paying mines immediately after high school. Given the long-range increased vulnerability of workers with ‘high school only’ status to boom and bust fluctuations, and the higher wages that accrue to post-secondary graduates, such a draw could be perceived as a negative stimulus.
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Again, there is no evidence to indicate such a draw for the Ktunaxa at this time, so this impact can be described as negligible.
Given their lower overall socio-economic status among other factors, the Ktunaxa people have some distinct disadvantages to getting appropriate education and training. Both parties agree that training and educational support for the Ktunaxa must be bolstered until it is adequate for them to compete on a level playing field for mining jobs with their non-Aboriginal cohort in the Elk Valley. In the absence of evidence that the Ktunaxa are able to parlay existing training initiatives into mining jobs, it can be assumed that either existing programs need to be upgraded or the Ktunaxa need to take better advantage of them, or new programs are required.
The Ktunaxa recognize their efforts will play a key role in creating the conditions for success for their citizens in engaging in the wage economy.
Spotlight on the Sustainable Economy
Given the stated desire of many Ktunaxa to benefit from employment in relation to the coal mining sector while adhering to the cultural values that call for avoidance of direct involvement of fundamentally destructive activities, training programs for the Ktunaxa may be better suited to prioritizing environmental protection and rehabilitation activities and related services. Several Ktunaxa-based businesses, such as Nupqu Development Corporation and Tipi Nurseries (sic) are already tapping these markets. Priority training programs for the sustainable economy may include:
• Environmental monitoring – Potentially including a “Haida Watchmen” type program, for both project-specific and cumulative effects monitoring.
• Environmental assessment services – Development of skills required for Ktunaxa- based businesses (e.g., Nupqu) to conduct multi-disciplinary environmental assessments of future expansions of Elk Valley coal mines.
• Pre-clearing services – Including harvesting timber values, removal and storage of topsoil, selective removal of transferable plants.
• Archaeology, TUS and support professions – Construction monitoring, site inventories, ethnobotany, dig site services, mapping/GIS.
• Ongoing contaminant remediation and spill response services.
• Site rehabilitation services – Road removal, infrastructure demolition, re-contouring, vegetation growing and re-planting, habitat (including aquatic) restoration programs, forest management.
• Maintenance and monitoring of protected areas.
Teck can assist in the development of successful sustainable economy business lines by the Ktunaxa through, among other possibilities, the provision of funds, insurance that Ktunaxa are directly involved in all forms of monitoring and environmental assessment, the preferential hiring of Ktunaxa businesses in the sustainable economy (see Section C4.1) and letting training occur on Teck controlled mine lands.
C3 APPENDIX C-IV
OVERVIEW OF KTUNAXA SOCIAL SERVICES, HOUSING AND OUTMIGRATION Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-IV OVERVIEW OF KTUNAXA SOCIAL SERVICES, HOUSING AND OUTMIGRATION
The Ktunaxa have developed a strong Social Sector as a one of the four pillars of Nation Rebuilding. As the KISS Jurisdiction Pilot Final Report (2003) put it: “Economic development cannot occur in any meaningful way until social issues are brought to the forefront and the capacity of the communities’ human resources increase”.
The mission statement of the Social Sector (Ktunaxa Nation Council Society, 2005c) is:
The Ktunaxa Kinbasket Child and Family Services Society is committed to working collaboratively with the Aboriginal Families and Communities of the Ktunaxa Territory to increase their capacity to nurture and care for their children in a culturally relevant and holistic manner.
Rights, Interests and Indicators
Ktunaxa rights and interests in relation to housing and social services were identified as:
• access to affordable and appropriate housing for all Ktunaxa citizens, both on- reserve and off-reserve;
• Ktunaxa engagement in development and implementation of social services throughout their traditional territory; and
• access to culturally appropriate, timely and valuable social services for Ktunaxa citizens, regardless of their place of residence.
A somewhat related Ktunaxa interest is the maximization of the number of Ktunaxa residing on their home reserves or on-reserve in general. In recent years, the majority of Ktunaxa, for reasons that are not always fully enumerated but are sometimes linked to employment and education opportunities and housing availability have chosen to live off-reserve.
Adequate housing is a concern on the majority of Aboriginal reserves across Canada. It is no different among the Ktunaxa. In some communities, such as St. Mary’s, the main issue is both the availability and adequacy of the existing housing stock. Several respondents indicated that for some time, there has not been enough appropriate land available on the St. Mary’s reserve to increase housing stock. The existing housing stock is antiquated, and both the houses and surrounding water and sewer infrastructure are in very poor condition.
41% of St. Mary’s Band housing in 2006 was in need of major repair, just over the BC on reserve aboriginal average of 39% and almost six times higher than the BC average of 7.4%. And the nature of the Indian Act makes it difficult to raise the capital to invest in new housing stock on- reserve.
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In Tobacco Plains, a different issue is at the forefront of housing. According to Tobacco Plains residents, there had been no new housing starts on the reserve since the 1980s due to the fact there hadn’t been enough population growth and economic activity to promote new housing starts on the reserves (Ktunaxa Nation Council and The Firelight Group, 2010).
While the reasons differ, both St. Mary’s and Tobacco Plains have seen conditions that have led many people to either be attracted to, or in some cases forced to, live off reserve in non- Aboriginal communities. Living off-reserve brings with it both benefits and drawbacks. Across a series of indicators (e.g., employment and participation rates, income levels, educational status), social and economic status among Canadian Aboriginal people living off reserve, while still lagging behind non-Aboriginal population, is noticeably better than their on-reserve counterparts. However, a couple of attributes of well-being are not well accounted for that may reduce the actual quality of life for this off-reserve population:
• Because many of the off-reserve population lives alongside a non-Aboriginal majority with still higher social and economic status, their perception of relative social and economic well- being may suffer by comparison
• Aboriginal people are often more tied to their home place, their community of origin and ancestral lands, than non-Aboriginal people. In addition, their sense of self, well- being and peace of mind may be closely linked to their extended kin group. When Aboriginal people migrate out of their home environments in search of economic opportunities, they are making a difficult trade-off that can affect their socio-cultural well-being. Inability to properly mitigate these losses, alongside pressures of living as a minority in their new environment, can lead to adverse social outcomes.
In addition, as an Aboriginal population located in areas where they are the minority surrounded by a non-Aboriginal majority, the available services are not culturally appropriate and may not be fully utilized by the Ktunaxa. And Ktunaxa levels of need, given persistent poverty and relatively high levels of social dysfunction may be higher than those of other people who also access those services.
Like many Aboriginal communities, the four BC on-reserve Ktunaxa communities have limited capacity (funds, staff, facilities) to provide the required social services to their citizens. Nonetheless, of the four pillars of Nation Rebuilding, the Social Sector has the largest budget, number of employees, programs and beneficiaries to this time (Phillips 2010, pers. comm.). They have a strong record and growing list of effective services they provide to Ktunaxa citizens both on- and off-reserve. The Ktunaxa Social Sector has even started branching out into a leadership role with the non-Aboriginal population in parts of the Traditional Territory. The Ktunaxa Social Sector is thus arguably better suited to provide social services to its off-reserve citizens, but is geographically and logistically constrained from doing so. This leaves the off-reserve population in a situation where they may have limited access to appropriate services or where they may choose not to utilize available services for a variety of reasons.
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Additional detail on likely impacts of the proposed Project
While the Ktunaxa people involved in this impact assessment identified housing and social services as an important valued component, they did not generally find close connections between either existing Elk Valley coal mine operations or the proposed future extension to adverse or beneficial outcomes for this valued component.
Because even the two closest Ktunaxa communities, Tobacco Plains and St. Mary’s, are one and two hours’ drive away, respectively, from even the nearest Elk Valley mine sites, there has been very few if any Ktunaxa people who work at the mines that chose to live in these communities. As a result, there have likely been minimal pressures on existing housing availability, affordability or appropriateness in these Ktunaxa communities attributable to the coal mining sector. Similarly, there is no evidence that the availability or quality of social services in these on-reserve communities has been affected by mining.
One of the few areas where housing and social services were identified as potentially intersecting with the Elk Valley coal operations was due to the pressures for out-migration associated with the desire to engage in the coal mining economy. Most people who want to work at the coal mines that live in Ktunaxa communities face the choice to either commute long distances or move to a community closer to the mine. The number of Ktunaxa citizens who have chosen to leave to pursue coal mining professions is not known at this time. It is, however, expected to be minimal. Nonetheless, for every person that does leave, there are hurdles for them and for those left behind that merit consideration.
For those who relocate, they face moving to an unfamiliar, primarily non-Aboriginal community. This can potentially cause adverse impacts to them and their families (if they have joined them), including:
• Experience of racism or being an outsider, loss of a sense of community, which has been known to result in poor coping strategies (e.g., increased substance abuse).
• Increased housing costs in a larger community, likely offset by increased income if they have a mining job.
• Lack of relative purchasing power parity within their new community, given that Aboriginal mine workers tend to be under-represented in the more skilled and higher paying jobs. These impacts are likely to be minimal. There are ongoing efforts by the parties to address this.
For the remaining on-reserve population, the outmigration of a large proportion of the Ktunaxa population (virtually every Band has an “off-reserve” population of at least 50%, presumably to seek greater economic opportunity) could have other housing and social impacts that merit better monitoring and have been encountered by other Aboriginal reserves. These may include:
• A “brain drain” phenomenon where many of the best educated and most highly skilled residents leave the community, potentially leaving a leadership, social and physical service provision, decreased physical infrastructure maintenance capacity, and income generation gap.
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• Reduced overall population levels and economic stagnancy. Despite having a higher number of young people than non-Aboriginal RDEK communities, Ktunaxa on-reserve populations have effectively not grown over the past 15 years (due to a variety of reasons including lack of work and access to housing). This indicates a strong possibility that young people or families often find it necessary to leave the community to find work. This loss of youth and vitality is of concern to the future of the communities. In addition, reduced population also means stagnancy in the local economy. Jobs that are there can be filled, but new jobs and maintenance of existing jobs through business creation and local demand will likely be extremely limited.
• Reduced access to local social services – with declining population comes the possibility of reduced rationale for, and availability of, local social programs such as health care centres, day-care services, and similar issues. On-reserve residents may find that such programs are rationalized and centralized in larger communities quite a distance away due to low demand.
The problem with such assertions is that there is no empirical evidence to support them at this time. Collection of additional data about the non-reserve Ktunaxa population, which represents more than half of the total Ktunaxa population, is necessary as soon as possible to fill these data gaps. Cumulative effects monitoring related to the human environment for the Elk Valley coal mines should include dedicated analysis, including additional survey data to augment the 2010 Ktunaxa Census, for the off-reserve Ktunaxa population. This data collection should focus on where they live, their socio-economic status, their reasons for leaving and staying away from their original reserves, and their perceptions of the coal mining sector and its impacts on their lives and Traditional Territory.
Again, we don’t currently know the drivers for why there is such a high Ktunaxa off-reserve population. The outmigration trend does not, however, appear to be linked to engagement directly in the mining economy. If it was, there would be at least anecdotal evidence that a higher proportion of off-reserve Ktunaxa have greater engagement in the coal mining sector. What can be confidently asserted is that any trend toward greater out-migration of citizens from the reserve populations of St. Mary’s or Tobacco Plains associated with greater engagement in the mining economy would be of social concern to those Bands, for the reasons noted above.
In recognition of the potential for greater engagement in coal mining to have an associated downside in the form of increased outmigration from traditional Ktunaxa communities, the parties should give consideration to commuting options and development of temporary “on shift” residences for Ktunaxa on-reserve workers seeking work in the Elk Valley coal mines. This may reduce out-migration pressures on the already stagnant on-reserve populations of St. Mary’s and Tobacco Plains.
Given the remoteness of the mine site from the communities in question and associated limited “reach” of the existing Elk Valley operations into the Ktunaxa communities, it can comfortably be asserted there is only a limited direct pathway between the proposed development and the availability, affordability and appropriateness of housing and the availability of social services within the four Ktunaxa communities themselves.
C4 APPENDIX C-V
BACKGROUND AND CONTEXT FOR KTUNAXA CONSIDERATION OF BIODIVERSITY Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-V BACKGROUND AND CONTEXT FOR KTUNAXA CONSIDERATION OF BIODIVERSITY
For the purpose of the Project, the Ktunaxa Nation understands the maintenance of biodiversity to mean maintaining the health, quantity, and variability of all living things within Ktunaxa lands at levels equivalent to pre-1900 conditions. Maintaining biodiversity requires the protection of individuals, populations, species, communities and habitats including ecosystem structure and processes. While the Ktunaxa recognize that their lands and waters are alive, and therefore evolving, no human actions should change the presence, range, or distribution of plants or animals in ways that threaten the future practice of Ktunaxa culture and way of life, as per the KNC Stewardship Objectives above (Ktunaxa Nation 2012 p62).
The United Nations Convention on Biological Diversity defines biodiversity as the variety of life on earth at all levels, from genes to worldwide populations of the same species; from communities of species sharing the same small area of habitat to worldwide ecosystems (Secretariat of the Convention on Biological Diversity 2006). The Convention further identifies three levels for focusing biodiversity conservation efforts: ecosystem; species and communities; and genotype. A healthy ecosystem is defined as “being stable and sustainable; maintaining its organization and autonomy over time and its resilience to stress.” (Rapport et al., p397)
Ktunaxa citizens identify the Elk Valley as a place of rich biological diversity (TUS Interviews T09 and T10 August 2010; A05 July 2012). Over time the richness, diversity and ecological health of the Ktunaxa Territory, and particularly the Elk Valley, has been eroded (e.g., see EBA Engineering Consultants Ltd. 2005). Because of concerns regarding conservation of biodiversity and habitat in the area, a 2010 World Heritage report recommended that the BC government implement a long-term moratorium on further mining developments in southeastern BC, including the Elk Valley (cited in Canadian Parks & Wilderness Society 2013.
The connection between the health of indigenous communities and biodiversity is made strongly in the Convention on Biological Diversity’s 2010 Biodiversity Target, which includes the protection of traditional knowledge, innovations, and practices as one of its focal areas, and the 2009 UN State of the World’s Indigenous People’s report, which states “the future of indigenous peoples is closely linked with solutions to the crises in biodiversity and climate change (CBD 2010 p 238).” According to Nancy Turner, in a report to the Technical Subcommittee for the Report on the Status of Biodiversity in BC, 2007:
First Peoples’ lifeways have been directly and consistently impacted by declining populations of game, salmon and other fish, loss of forest cover, and loss of access to their traditional landbase. It is difficult to assess the extent of their loss in quantitative terms. Only a handful of the 400-500 species used directly could be considered currently “at risk” in the formal definition of this term. Nevertheless, according to the testimony of many elders who have witnessed tremendous change in our landscapes over their lifetimes, the majority of these species are not as productive or as common as they once were. (p. 3)
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Erosion of biodiversity in the Ktunaxa traditional territory due to encroachment of settlement and resource extraction is compounded by policies of fire suppression (Crowley and Gall 2011) and by climate change (Gayton 2008). Over the past 100 years grassland and open forest types have been lost to forest ingress due to fire suppression. Habitat loss and fragmentation is a leading factor contributing to the loss of biodiversity. Lower elevation ecosystems are of very high value when assessed within the context of the Ktunaxa Territory. High elevation grasslands in the Project LSA are of concern to Ktunaxa due to the unique character of the aspect and exposure (wind swept). Another ecosystem type that is of high concern to the Ktunaxa is high elevation wetlands and meadows and species dependent on them. An example of importance to the Ktunaxa in the Elk Valley was expressed as:
…you get to Morrisey and then we’d go back the other way and then there’s roads coming up, it comes back this way right to, there’s a name, there’s a big flat up there, that’s where the pipeline went through and there was a huge meadow up there and aeout [?] was just all over the place, that’s what we went up there. (T06 2-4-2013)
Although this discussion of biodiversity is constrained to living things, other aspects of the Ktunaxa Territory, including water and terrain features, are of critical importance to the Ktunaxa. Ktunaxa oral history and worldview recognizes the lands and waters of the Ktunaxa Territory as alive, and evolving, and as the home of powerful sacred beings whose travels, battles and lives have left marks and remains across the Ktunaxa landscape, including the Elk Valley. From a Ktunaxa perspective, geological and terrain features are often named and associated with special meaning and cultural importance within the context of Ktunaxa knowledge and especially the Ktunaxa creation story. While there are specific geological features within the Elk Valley that are of exceptional cultural importance, no special features of this nature were reported within the LSA.
C2 APPENDIX C-VI
DOCUMENTATION OF PRIOR AND INFORMED CONSENT Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-VI DOCUMENTATION OF PRIOR AND INFORMED CONSENT
I (name) , on this day (complete date), give permission for to interview me for the KNC AIUS Project.
I understand that the study is being conducted by the KNC. The purpose of this study is to document the rights and interests of Ktunaxa people in the Elk Valley and in Koocanusa Reservoir, including areas within and adjacent to the proposed Fording Swift Mine Expansion.
By signing below, I indicate my understanding that:
(a) I consent to have my words and responses recorded on maps, in notes, and using audio and video recording equipment.
(b) I am free to not respond to questions that may be asked and I am free to end the interview at any time I wish.
(c) The KNC will maintain intellectual property rights over information and recordings collected through my participation and may use the information and recordings, including audio, video, or pictures, in pursuit of its claims, and for defending and communicating the rights, interests, and titles of its citizens. This includes, but is not limited to, sharing information for the purposes of environmental assessment.
(d) The KNC will ask permission from me or my descendents, before using my information for purposes not indicated above.
For more information, please contact ______at ______
I would like my name included in reports: yes no
Signature of participant Witness
______
PIN #:
C1 APPENDIX C-VII
INTERVIEW GUIDE FOR KTUNAXA TRADITIONAL USE AND OCCUPANCY MAPPING Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: KNC - Elk Valley – Aboriginal Interests and Use Study Interview Guide Introduction (read with RECORDER ON before PRE-INTERVIEW CHECK LIST every session) Today is , 2012. We are sitting here ALWAYS Test your recorders interviewing for the KNC Elk Valley – and microphones by listening Aboriginal Interests and Use Study. Thanks for coming. through headphones. a. Audio recorder My name is and my co-researchers are b. Video recorder . We’re here at the _____ building in [name Make sure you have enough of community]. ______has read and signed the note books, pens, and other consent forms and we have assigned Interview ID # ___ . supplies for the interview. We are going to be recording this interview on a digital Make sure you have all of the video recorder, digital voice recorder, and with notes [on maps you need laid out, or this questionnaire / in this note book]. We’ll be mapping prepared in the GIS with tables digitally using Google Earth Imagery projected on the ready for data entry. wall at an eye height of approximately 10km or less If you are using overlays, (better that 1:50,000). ______will be doing the digital make sure you have marked mapping using points, lines or polygons, and will be them all with at least 3 anchor entering the site codes and other data as we go. ______points and the map number. will be taking notes and _____ will be assisting with the Make sure the elders or interview. [existing TUS data already collected from community members you are ______through previous projects, may be projected interviewing are comfortable. where useful. ] Get them a tea or coffee, and talk for a while about the Primary Goal: The KNC is working to document interviews and why we are Ktunaxa rights based knowledge, use and occupancy doing them. Make everyone as within the Elk Valley, including Lake Koocanusa, and relaxed as possible. the potential impacts of the proposed expansion of Read the consent form to the the Fording Swift mine within Ktunaxa Territory. participant and ask them to sign it. Let them know that Study Area: The study area includes the Elk Valley, they don’t have to answer any portions of the Bull Valley, and downstream areas of Lake questions that they don’t want Kookanusa. We are especially interested in any to. knowledge or use in the upper Elk valley, and within Start the tape and begin the about 5km (just over 3 miles) of the proposed Fording interview. Swift Project footprint. If you feel there are other places Let them know that we will be or things further away that the project may impact, reporting back to the please let us know. community and them.
The Firelight Group Page 1 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: Storage of Results: A copy of maps we make, as well as the computer files, will be saved to hard drive, and on a portable storage device (memory key). All files will belong to , and will be stored and managed by the KNC.
Interview Plan: The interview will take about 2 hours to complete. We’ll take a break about half way through. There are 3 main sections or types of questions:
• The first part (about an hour) focuses on your experiences in the Elk Valley.
• The second part (about an hour), focuses on specific places or resources, especially near the proposed mine site in the upper Elk, including camps, trails, hunting and fishing areas, berry or plant collection areas, important habitat, cultural or spiritual places, or other places you consider important.
• The third part (shorter) focuses on how you think the Fording Swift project, if it goes forward, will affect you, your family, and your First Nation.
Some questions are very broad, and others are very detailed. The reason for the detailed questions is so that the KNC can be in a better position to defend information, if needed.
Finally, if there are things we don’t ask about, but you think we should be raise in our reports to leadership regarding traditional resource management, please let us know.
Mapping Note: Every site should be consistently labelled with a code that indicates site use, site # and source respondent (ex: TX02-T08 where the Tlicho member with ID #08 reports the second mapped place where she has camped in a temporary shelter). This should be followed by the date of the event, if possible.
• First hand knowledge will be mapped with no modifier to the site code.
• second hand knowledge will be mapped with a * after the site code
• Commercial use (including guiding / outfitting) will be mapped with a $ after the site code.
• Approximate spatial information will be mapped with a ? after the site code.
The Firelight Group Page 2 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: 1.0 Biographical and Background Questions
1.1 What is your full name? 1.20 *Only ask if individual did not participate in Line Creek EA 1.2 Where were you born?
1.3 How old are you? (year born)
1.4 Where were you raised?
1.5 Are you a member of a First Nation? Which one?
1.6 Who were your parents and Grandparents?
1.7 Do you have any kids? What are their names?
1.8 Have you yourself ever lived in, or spent time in, the Elk Valley? Doing what?
1.9 When did you first spend time in the Elk Valley area? Why were you there?
1.10 Have you ever spent time at, or used Lake Koocanusa?
PROMPTS:
1.11 Have you ever hunted in the Elk Valley? When was the last time?
1.12 Trapped?
1.13 Fished?
1.14 collected berries, plants, or
The Firelight Group Page 3 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: medicine?
1.15 Other cultural practices? (describe)
1.16 To your knowledge, what are some of the oldest oral histories or stories that you know of about First Nations living in the project area and nearby areas? Who did you learn these histories or stories from? How are they connected to the valley or nearby areas?
1.17 PROMPT:
1.18 For example, creation stories? Stories about fights or interactions between people before or after non-First Nation people arrived? Treaty signing?
1.19 If there were no mining development in the study area (no mines), would you and your family use the project area differently ? If so, how?
TIME CHECK! Interview should be at about 45 min
The Firelight Group Page 4 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings:
2.0 Specific places and resources
In this part of the interview (about an hour), we need to focus on mapping specific places or resources in the Elk Valley and Lake Koocanusa, that you have relied on in the practice of your rights, or that you’ve heard that other members of your family or First Nation relied on in the past. These include camps, trails, hunting and fishing areas, important habitat, or other places you consider important.
2.1 Habitation, Cultural/Spiritual Sites, and Transportation Corridors
The Firelight Group Page 5 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: First, can you show us all of the places you remember having camped or stayed in the study area or nearby?
2.2 Places where you have camped overnight in a tent, lean-to, or other temporary structure and used only once.
MAP using point and code TX= temporary habitation
2.3 Places where you have built or used cabins or other temporary or permanent structures that you’ve returned to more than once
MAP using point and code PX= permanent habitation
2.4 How about places that you have heard stories about your family, or other members of your First Nation, camping at in the past, but where you haven’t yourself?
MAP using point and code PX or TX and *
2.5 Do you know of any in the project area or nearby that are important as a place where Ktunaxa people gather at particular times of year?
MAP using point: GP= Gathering Place
2.6 Are there any places in the project area or nearby that have special place names, especially Ktunaxa names?
MAP using point and code PN= Place Name
The Firelight Group Page 6 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: (record name in notes)
2.7 Do you know of any places in the project area or nearby where Ktunaxa people are buried?
MAP using point and code BU = Burials
2.8 Do you know of any places in the project area or nearby where particular spirit beings live, or where there are special rules about how you act or respect the place?
MAP using point and code SP = spirit
2.9 Do you know of any places in the project area or nearby where you have gone for ceremonies (dances, sweat lodges, or other)? or where you know members of your family or First Nation have done so in the past?
MAP using point and code CP = ceremonial place.
2.10 Are there any places in the project area or nearby that have special knowledge or stories associated with them – like creation stories, dreamer stories, or histories - or that are used for teaching knowledge to children or others?
MAP using point and code TA= Teaching Area
2.11 Are there any places in the project area or nearby where you have collected medicines or ceremonial plants, animals, or other materials? where you know
The Firelight Group Page 7 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: members of your family or First Nation have done so in the past?
MAP using point and code MP= medicine plant
2.12 Are any of these plants or resources hard to find outside of the project area and nearby areas? If so, are you able to tell us what they are?
2.13 Are there any places in the project area or nearby where you have accessed foot or quad trails, or roads, used for hunting, fishing, habitation, or other rights based practice?
MAP using line and code TR= trail
2.14 Are there any in the project area or nearby where you have accessed water routes (creeks, lakes, or rivers) by boat used for hunting, fishing, habitation, or other rights based practice?
MAP using line and code WR= water route
The Firelight Group Page 8 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: 3.0 Subsistence, Environmental Feature Values, and Loss of Use Areas
Now we’d like to take time to map as many places as we can where you have ever hunted, fished, or collected animal, fish, plant foods, medicines, or other resources as well as special habitats or places that these rely on. Please include any time you were hunting or getting resources on private lands.
3.1 Can you show us where you have ever killed the following animals to feed your family or community, or use for cultural purposes, or where you know members of your family or First Nation have done so in the past?
PROMPT all listed species, and MAP using point and code as follows, with year and season in brackets where possible:
MO= moose
EK=Elk
WDR= white‐tailed deer
MDR= mule deer
BB= black bear
GB= grizzly bear
BI= bison or Buffalo
CA=Caribou
SH=Sheep
The Firelight Group Page 9 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: CH= chicken
GR= grouse
RB= rabbit
MM= whistler or marmot
PO= Porcupine
OG=Other Game
FURBEARING:
WO= wolf
WV= wolverine
CO= coyote
CU= cougar
SQ= squirrel
MT= marten
FI=fisher
BR= beaver
MU= muskrat
OT= Otter
OF= Other Fur
BIRDS:
The Firelight Group Page 10 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: DU=duck
GE=geese
SW=swan
EA=eagle
HA=hawk
OW= owls
OB= Other Bird
FISH:
WF= whitefish
GD= goldeye
SU= sucker
LT= lake trout
BT=bull trout
CT= cut throat trout
PK= pickerel or Walleye
JF= jackfish
MR= maria
KO=kokanee
OF= Other Fish
The Firelight Group Page 11 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: PLANTS AND OTHER
BE= berries or wild fruit (species)
FP= food plants – roots, bulbs, cambium (species)
MS= mosses or mushrooms
DP= dye plant
BA=Barks used for crafts, construction or other purposes
OP= other plant
FW= firewood
EM= earth material (rocks, clays, vermillion, others)
EG= eggs
FE= Feathers
WA= water (drinking water sources)
3.2 Are any of these plants, animals or resources hard to find outside of the project area and nearby areas? If so, are you able to tell us what these are?
3.3 Do you know of any special habitats or environmental features in the project area and nearby areas? For example calving or mating areas, spawning areas, mineral licks, or horse range?
The Firelight Group Page 12 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: HINT: Go through major animal and plant types
MAP using polygon and code EF= Environmental Feature with type (moose lick, spawning area, horse range, etc) in notes.
3.4 How do animals move between these special environmental features? [Pay close attention to places where animals cross rivers]
MAP using polygon and code MC= Environmental Feature Corridor.
3.5 Are there any places in the study area where you have harvested, or wanted to harvest, resources and found problems with the meat, or other problems with quality, that made you avoid harvesting, or leave the resources behind?
MAP using point or polygon and code SL= Specific loss of use.
3.6 Are there places in the project area where you avoid hunting, fishing, gathering, or practicing other rights because of industrial impacts from coal or other industries?
MAP using polygon and code GL= General loss of use.
TIME CHECK! Interview should be at about 2hr 30 min.
The Firelight Group Page 13 of 16 Prepared for the KNC - Elk Valley – Aboriginal Use and Interests Study Participant: ID#: Version 1.0 Interviewer: Co-interviewer June 4, 2012 Interview Date: Other Recordings: 4.0 Are there any other Important Places or issues you think we should be documenting today?
5.0 Based on what we’ve talked about today, are there particular projects or issues that you are most concerned about? What are they?
6.0 What do you think the most important things are for the KNC to focus on in relation to the proposed Fording Swift expansion?
7.0 IF the the Fording Swift expansion goes forward, do you think this will make a difference to you or your family?
8.0 Is there anything you think would reduce negative effects from the project if it goes ahead?
Interview Conclusion
(read after every tape session)
Today is , 2012.
We have just finished interviewing for the KNC - Elk Valley – Aboriginal Use and Interests Study. Thank you for coming here today.
My name is and I’m here in the building with . We’ve given him/her TUS ID # . We’ve used , , , and maps at 1:50,000 (or other?) scale and a total of tracks on the digital recorder. Notes are recorded in _____ note book. The interview has taken approximately ______hours ______minute
The Firelight Group Page 14 of 16 Prepared for the T8TA Site C Traditional Knowledge ‐ Use and Occupancy Study Version 3.0 Participant: ID#: Interview Date: Interviewer: Co‐interviewer Other Recordings: SU = sucker KILL SITES LT = lake trout MO = moose PK = pickerel or walleye WDR = white‐tailed deer JF = jackfish MDR = mule deer MR = mariah (burbot) BB = black bear KO = kokanee GB = grizzly bear BT = bull trout BI = bison CT= cut throat trout CA = caribou OF = other fish EK = elk SH = sheep PLANTS AND MEDICINES CH = chicken BE = berries or wild fruit (species) GR = grouse FP = food plants – roots, bulbs, RB = rabbit cambium (species) MM = whistler or marmot MS = mosses or mushrooms PO = porcupine DP = dye plant CU = cougar BA = barks used for crafts, construction OG = other game or other purposes OP = other plant FURBEARING FW = firewood WO = wolf EM = earth material (rocks, clays, WV = wolverine vermillion, others) CO = coyote EG = eggs SQ = squirrel FE = feathers MT = marten WA = water (drinking water sources) FI = fisher BR = beaver SPIRITUAL/CULTURAL MU = muskrat BU = burials OT = otter SP = spirit OFB = other fur bearer CP = ceremonial place TA = teaching area BIRDS PN = place name DU = duck MP = medicine plant GE = geese SW = swan HABITATION / OTHER EA = eagle TX = temporary habitation HA = hawk PX = permanent habitation OW = owls TR = trail OB = other birds WR = water route EF = environmental feature FISH MC = wildlife movement corridor WF = whitefish SL = Specific loss of use GD = goldeye GL = General loss of use
The Firelight Group Page 15 of 16 Prepared for the T8TA Site C Traditional Knowledge ‐ Use and Occupancy Study Version 3.0 Participant: ID#: Interview Date: Interviewer: Co‐interviewer Other Recordings:
The Firelight Group Page 16 of 16 APPENDIX C-VIII
DIRECT TO DIGITAL CAPTURE METHOD Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
APPENDIX C-VIII DIRECT TO DIGITAL CAPTURE METHOD
The methods for spatial data capture (direct-to-digital mapping or D2D mapping) for the Elk Valley Aboriginal Interests and Use Study (AIUS) were developed by Dr. Craig Candler and Steven DeRoy of The Firelight Group and were designed to reliably document detailed KNC community use, knowledge, and loss of use in relation to the FRO Swift Project and within the wider RSA.
Interview Team and Materials
Interviews were conducted with at least two team members present, plus the participant. One team member was primarily responsible for conducting the interview and taking hard copy notes. The second member was primarily responsible for managing the mapping software and recording data within the mapping software used, in this case Google Earth or Google Earth Pro. All interviews were mapped using Google Earth Pro version 6.0.2 running on a Windows based laptop. A digital projector and laser pointer, digital video camera, and tripod were also used as part of the mapping kit.
Study Area
A local study area was defined within 5km of the Project footprint with a focus on the area of the proposed project. The regional study area was defined generally as areas of the Elk River watershed the limits of the RSA are defined by the boundaries of qukin ʔamakʔis (Raven’s Land), as well as portions of ¢amna ʔamakʔis and Kookanusa Reservoir including 5km around receiving waters. The study area and the ability to navigate in Google Earth were explained to each participant at the beginning of the interview through reference to maps projected on the wall.
Base Maps
Due to the size of the study area, and the need for both detail and flexibility, Google Earth imagery was chosen as the digital base map for mapping sites. Using a projector, the map image was projected onto a clear wall or screen. In order to improve readability and help the participant orient himself or herself, other geographic information system (GIS) shape files were overlaid on top of the Google Earth image. Where conversion from other formats was required, a licensed version of Google Earth Pro was used. Supplemental GIS data originated from the following Government of Canada online GIS data repositories or other sources, including:
• National Framework – Hydrology, Drainage Network: ftp://ftp.geogratis.gc.ca/frameworkdata/hydrology/analytical/drainage_network/canada/
• Atlas of Canada 1,000,000 National Frameworks Data, Canadian Place Names: http://www.geogratis.gc.ca/download/frameworkdata/popplace/
• National Framework Canada Lands Administrative Boundary (CLAB) Level 1 (First Nation reserves): http://www.geogratis.gc.ca/download/frameworkdata/Cda_Lands_Adm_L1/
• National Topographic System 1:50,000 reference grid: ftp://ftp2.cits.rncan.gc.ca/pub/index/
C1 Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
• Data regarding the footprint of the proposed Project, received by the KNC from the proponent.
Interview Process
Prior to commencing the interview, informed consent to participate in the interview was documented through signing a consent form. The interview process itself involved the participant identifying sites on the map using a laser pointer, while the interview team documented the sites in a digital format, with audio and video recording (pointed at the map) capturing the entire process. All interviews followed a semi-structured interview guide.
Interviews were recorded using an external digital audio recorder. A digital video camera mounted on a tripod and pointing at the maps projected on the wall recorded the mapping of sites throughout each interview, and provided back-up audio. Notes were written directly onto the guide or in the interviewer’s notebook.
In Google Earth, a folder called “TEK” was created to store all new mapped data. Each participant was given a folder named by their participant code (e.g., M01). Within the participant’s folder, three folders were created to store newly mapped data. For example, participant “M01” had points stored in the M01_points folder, lines in the M01_lines folder, and areas in the M01_areas folder. Each participant’s mapped data (points, lines, and areas) were saved as a Keyhole Markup Language (KML) file. The entire database was stored as a KMZ file (KML files are often distributed as KMZ files, which are zipped KML files with a .kmz extension).
We mapped new sites using Google Earth at an eye height of 10km or less, resulting in a base mapping scale of 1:50,000 or better. That being said, most sites were mapped at a scale of 1:5,000 or better, increasing the accuracy and precision of the location of sites identified. Where possible, we added timestamps to include month or season, and the year the activity occurred. In some cases, people were able to identify specific dates or the beginning, middle, or end of a month.
At the end of the interview, audio files were saved in an audio folder and all video files in the video folder on the computer. Names for audio and digital files were saved in the following format:
[Participant ID]_[Participant Name]_[Interview Date MMMDDYYYY]_[file#].[file type]
For example, M01_JOHNDOE_FEB282011_1.mp3
Post-Interview Data Processing
After the interviews were completed, the data was backed up onto a portable hard drive. All data was mapped using a standardized Universal Transverse Mercator, Zone 12 projection. The KNC GIS department converted points, lines and areas collected in Google Earth KML format to ESRI Shape file format. Each dataset was checked for consistency and accuracy before converting new data files.
C2 Teck Coal Limited – Fording River Operations Swift Project Environmental Assessment Certificate Application
Once the data was converted into ESRI Shape Files, the KNC GIS department used a geomasking process to protect the confidentiality of the data. Points were randomized using Hawth’s “Generate Random Points” tool. This process involved buffering the original points by 250 m, generating a new random point location within the 250 m buffered area, and then buffering the new randomized point by 1 km. Hawth’s tools were downloaded from ESRI’s support pages (www.support.esri.com). Lines and polygon feature types were not randomized, but were buffered by 1 km using ArcGIS to add an element of confidentiality. Once all features were buffered by 1 km, they were merged into one GIS shape file layer.
C3