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Carrier Sekani Tribal Council Aboriginal Interests & Use Study On Carrier Sekani Tribal Council Aboriginal Interests & Use Study on the Enbridge Gateway Pipeline An Assessment of the Impacts of the Proposed Enbridge Gateway Pipeline on the Carrier Sekani First Nations May 2006 Carrier Sekani Tribal Council i Aboriginal Interests & Use Study on the Proposed Gateway Pipeline ACKNOWLEDGEMENTS The Carrier Sekani Tribal Council Aboriginal Interests & Use Study was carried out under the direction of, and by many members of the Carrier Sekani First Nations. This work was possible because of the many people who have over the years established the written records of the history, territories, and governance of the Carrier Sekani. Without this foundation, this study would have been difficult if not impossible. This study involved many community members in various capacities including: Community Coordinators/Liaisons Ryan Tibbetts, Burns Lake Band Bev Ketlo, Nadleh Whut’en First Nation Sara Sam, Nak’azdli First Nation Rosa McIntosh, Saik’uz First Nation Bev Bird & Ron Winser, Tl’azt’en Nation Michael Teegee & Terry Teegee, Takla Lake First Nation Viola Turner, Wet’suwet’en First Nation Elders, Trapline & Keyoh Holders Interviewed Dick A’huille, Nak’azdli First Nation Moise and Mary Antwoine, Saik’uz First Nation George George, Sr. Nadleh Whut’en First Nation Rita George, Wet’suwet’en First Nation Patrick Isaac, Wet’suwet’en First Nation Peter John, Burns Lake Band Alma Larson, Wet’suwet’en First Nation Betsy and Carl Leon, Nak’azdli First Nation Bernadette McQuarry, Nadleh Whut’en First Nation Aileen Prince, Nak’azdli First Nation Donald Prince, Nak’azdli First Nation Guy Prince, Nak’azdli First Nation Vince Prince, Nak’azdli First Nation Kenny Sam, Burns Lake Band Lillian Sam, Nak’azdli First Nation Ruth Tibbetts, Burns Lake Band Ryan Tibbetts, Burns Lake Band Joseph Tom, Wet’suwet’en First Nation Translation services provided by Lillian Morris, Wet’suwet’en First Nation. Transcription services provided by Jenny Antoine, Nak’azdli First Nation. Community Members Participating in Community Review of the DRAFT AIUS Thank you to the many community members that attended the community review meetings held with each of the affected First Nations, including an off-reserve meeting in Prince George. Thoughtful and helpful commentary, questions and suggestions were provided by Elders, youth, band staff, and other community members. As this is a community document, without this direction and feedback, the completion of this study would not have been possible. Carrier Sekani Tribal Council ii Aboriginal Interests & Use Study on the Proposed Gateway Pipeline Researchers Involved in the AIUS Study This study was the first of its kind for the Carrier Sekani Tribal Council. In undertaking a research initiative of this magnitude and importance to the Carrier Sekani, numerous professional researchers were involved. Their ability to undertake independent research, under the direction of the Carrier Sekani communities was extremely valuable. Wendy Aasen, Ph. D. candidate Frank M. Craig, B.A., R.P.A., TRACES Archaeological Research and Consulting Ltd. Hugh Hamilton, Ph. D., P.Ag., and staff at Summit Environmental Geoffrey Hughes, B.A. Carla Lewis, B.A. Michelle Lochhead, B.A. Tara Marsden, M.A. Warner Naziel, B.A. Catherine Read, M.A. and Har Singh, Ph. D. Read & Associates Consulting Ltd. and Spark Group Management Consulting Inc. Brian Toth, R.P. Bio Carrier Sekani Tribal Council Staff At the Carrier Sekani Tribal Council, the staff involved in this project were: Anne Marie Sam (Nak’azdli First Nation), Project Director Tara Marsden (Gitanyow First Nation), Interim Project Director and AIUS Writer/Editor Tina Erickson (Nak’azdli First Nation), Project Assistant With additional assistance provided by Anita Louie (Nadleh Whut’en), Jaime Sanchez (Mapouche), and Curtis Cardinal (Kelly Lake Cree First Nation). Thank you to the legal counsel for the Carrier Sekani Tribal Council, Ratcliff & Co. specifically Greg McDade and Maegen Giltrow. Carrier Sekani Tribal Council iii Aboriginal Interests & Use Study on the Proposed Gateway Pipeline TABLE OF CONTENTS Carrier Sekani Tribal Council Aboriginal Interest and Use Study Section 1.0 Introduction…………………………………………………………………....…..…1 1.1 Purpose of Document & Overview of Study Background……………………………..1 1.2 Carrier Sekani Tribal Council Overview….……………………………………………2 1.3 Description of Proposed Project………………………………………………………..6 Section 2.0 The Carrier Sekani Tribal Council First Nations…………………………….…….8 2.1 The People………………………………………………………………………….…...8 2.2 The Territories of the Carrier Sekani……………………………………………….….12 2.3 Carrier Sekani Governance……………………………………………………….……13 2.4 The Seasonal Round and Traditional Livelihood………………………………….…..14 2.5 Historical Cumulative Impacts of Settlement & Industrial Development……….…….16 2.6 The Introduction & Imposition of Registered Traplines………………………….……17 2.7 Aboriginal Rights & Title of the Carrier Sekani………………………………….……17 2.8 Aboriginal Rights & Title, and the Duty to Consult…………………………………...20 2.9 Plants, Fish, Animals and Mammals of Significance to the Carrier Sekani…………...21 2.10 Selected Activity Sites of the Carrier Sekani……………………………………..…..26 Section 2.A Preliminary Archaeological Overview of the Proposed Gateway Right-of-Way………………….…………………………………………………………….……..34 Section 3.0 Lessons Learned: Broad Context of First Nations’ Experience of Pipeline and Oil And Gas Development………………………………………….……….…...38 3.1 Issues & Impacts………………………………………………………………………...39 Section 4.0 Environmental Impacts of the Proposed Gateway Pipeline..……………..…..…...43 4.1 Construction Impacts……………………………………………………………………44 4.2 Footprint and Operational Impacts……………..……………………………………….53 4.3 Accidents & Malfunctions………………………………………………………………58 4.4 Decommissioning……………………………………………………………………….64 Section 5.0 Socio-Economic Profile of the Carrier Sekani Tribal Council Nations and Socio-Economic Impacts of the Proposed Gateway Pipeline ………………………………… 65 5.1 The Carrier Sekani Tribal Council Member Nations Profile……………………………65 5.2 Primary Socio-Economic Impacts………………………………………………………75 5.3 Secondary Source of Impacts………………………………………………………...…78 5.4 Analysis of Claimed Economic Benefits………………………………………………..80 Section 6.0 Impacts on Carrier Sekani Aboriginal Rights and Title……………………….….84 6.1 Impacts on Activity Sites……………………………………………………………….84 6.2 Impacts on Soil & Terrain………………………………………………………………85 6.3 Impacts on Vegetation………………………………………………………………….85 6.4 Air and Noise Pollution Impacts……………………………………………………….86 6.5 Impacts on Water Quality………………………………………………………………86 Carrier Sekani Tribal Council iv Aboriginal Interests & Use Study on the Proposed Gateway Pipeline 6.6 Impacts on Fisheries Habitat………………………………………………………...….87 6.7 Impacts on Wildlife & Wildlife Habitat……………………………………………...…88 6.8 Fragmentation of Territories & Impacts on Aboriginal Title Lands………………...….90 6.9 Impacts of Accidents & Malfunctions…………………………………………………..91 6.10 Our Children Understand the Impacts of the Proposed Gateway Pipeline…………….93 Section 7.0 Conclusion…………………………………………………………………………….96 References…………………………………………………………………………………. ………98 List of Maps Map 2.1 Enbridge Proposed Pipeline Route and Carrier Sekani Territories (BC Map)……...…12-13 Map 2.2 Burns Lake Band Traplines…………………………………………………………….17-18 Map 2.3 Nadleh Whut’en Traplines……………………………………………………………..17-18 Map 2.4 Nak’azdli First Nation Traplines……………………………………………………….17-18 Map 2.5 Saik’uz First Nation Traplines………………………………………………………....17-18 Map 2.6 Wet’suwet’en First Nation Traplines…………………………………………………..17-18 Map 2.7 Proposed Pipeline Corridor – East- Dakelh Placenames………………………...…….19-20 Map 2.8 Proposed Pipeline Corridor – West – Dakelh Placenames………………………...…..19-20 Map 2.A.1 Heritage Trail Crossings – East…………………………………………………..…35-36 Map 2.A.2 Heritage Trail Crossings – West………………………………………………….....35-36 List of Tables Table 2.1 Carrier and Sekani Nations & Territories (Brown, 2002)…………………………..……10 Table 2.A.1 Carrier Sekani Trails Along the Proposed Gateway Pipeline Corridor (Craig, 2006)...36 Table 4.1 Specific Fisheries Information, Key Rivers, and Known Fisheries Issues of Concern to the Carrier Sekani Tribal Council (Toth, Hamilton 2006)……………………………..….50-51 Table 4.2 Enbridge Pipeline Rupture History Since 1992 (National Energy Board, 2006)………..61 Table 5.1 Estimated and Projected Population of Registered Members, 2004 (INAC)……………66 Table 5.2 Carrier Sekani First Nations Registered Member Population, 2004 (INAC)……………67 Table 5.3 Carrier Sekani First Nations Age-Sex Distribution, 2004……………………………….69 Table 5.4 CSTC Reserves Labour Force Characteristics (Census, 2001)………………………….69 Table 5.5 CSTC Reserves Labour Force by Industry………………………………………………71 Table 5.6 CSTC Member Education Achievements, 2001…………………………………………72 Table 5.7 Average Employment Income of CSTC Members on Reserves, 2000………………….74 Table 5.8 CSTC Members 15 Years and Older Income Distribution, 2000………………………..74 Table 5.9 Average Employment for Gateway Construction (Enbridge PIP)……………………….80 List of Figures Figure 4.1 Mountain Pine Beetle Outbreak in B.C. as of 2005 (Maclauchlan 2006)………………54 Figure 5.1 Demographic Distribution Carrier Sekani First Nations and BC……………………….68 Figure 5.2 Distribution of CSTC Labour Force…………………………………………………….70 Figure 5.3 CSTC Labour Force by Occupation………………………………………………….....70 Figure 5.4 CSTC Reserves Population 15-24 by School Attendance, 2001………………………..72 Figure 5.5 CSTC Members on Reserves by Educational Achievement, 2001……………………..73 Figure 5.6 CSTC Reserve Members
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