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National Energy Board Office National De L’Énergie NATIONAL ENERGY BOARD OFFICE NATIONAL DE L’ÉNERGIE Hearing Order / Ordonnance d'audience GH-002-2018 NOVA Gas Transmission Ltd. Application for the West Path Delivery Project NOVA Gas Transmission Ltd. Demande concernant le projet de livraison parcours ouest VOLUME 4 Hearing held at L’audience tenue à National Energy Board 517 Tenth Avenue SW Calgary, Alberta October 19, 2018 Le 19 octobre 2018 International Reporting Inc. Ottawa, Ontario (613) 748-6043 © Her Majesty the Queen in Right of Canada 2018 © Sa Majesté du Chef du Canada 2018 as represented by the National Energy Board représentée par l’Office national de l’énergie This publication is the recorded verbatim transcript Cette publication est un compte rendu textuel des and, as such, is taped and transcribed in either of the délibérations et, en tant que tel, est enregistrée et official languages, depending on the languages transcrite dans l’une ou l’autre des deux langues spoken by the participant at the public hearing. officielles, compte tenu de la langue utilisée par le participant à l’audience publique. Printed in Canada Imprimé au Canada Transcript GH-002-2018 HEARING ORDER/ORDONNANCE D’AUDIENCE GH-002-2018 IN THE MATTER OF NOVA Gas Transmission Ltd. Application for the West Path Delivery Project HEARING LOCATION/LIEU DE L’AUDIENCE Hearing held in Calgary, Alberta, Friday, October 19, 2018 Audience tenue à Calgary (Alberta), vendredi, le 19 octobre 2018 BOARD PANEL/COMITÉ D'AUDIENCE DE L'OFFICE Roland George Chairman/Président Ron Durelle Member/Membre Carole Malo Member/Membre Transcript GH-002-2018 APPEARANCES/COMPARUTIONS (i) Applicant/Demandeur NOVA Gas Transmission Ltd. - Mr. Sander Duncanson Intervenors/Intervenants Bearspaw First Nation (distinct Nation of Stoney Nakoda Nation) - Mr. Lee Carter, Counsel - Ms. Sara Louden, Counsel Chiniki First Nation (distinct Nation of Stoney Nakoda Nation) - Mr. Lee Carter, Counsel - Ms. Sara Louden, Counsel Piikani Nation - Mr. Ira Provost Samson Cree Nation - Ms. Kyra Northwest St. Peter’s Lutheran Church - Mr. Gavin S. Fitch, Q.C., Counsel Wesley First Nation (distinct Nation of Stoney Nakoda Nation) - Mr. Lee Carter, Counsel - Ms. Sara Louden, Counsel West Path Agricultural Producers Group (CAEPLA-WPAPG) - Mr. John D. Goudy, Counsel National Energy Board/Office national de l’énergie - Ms. Marian Yuzda - Ms. Christine Beauchemin Transcript GH-002-2018 TABLE OF CONTENTS/TABLE DES MATIÈRES (i) Description Paragraph No./No. de paragraphe Opening remarks by the Chairman 950 Stoney Nakoda Nation: Chiniki First Nation, Bearspaw First Nation, and Wesley First Nation Mr. William Snow Elder Larry Daniels Sr. Mr. Larry Daniels Jr. Elder Lenny Wesley Elder Henry Holloway Mr. Alvin Young Mr. Conal Labelle Elder Alice Kaquitts Mr. Chris Goodstoney Mr. Clint Hunter Ms. Shauna McGarvey - Introduction by Mr. Carter 971 - Oral traditional evidence and statements 982 Transcript GH-002-2018 LIST OF EXHIBITS/LISTE DES PIÈCES No. Description Paragraph No./No. de paragraphe Transcript GH-002-2018 Opening remarks Chairman --- Upon commencing at 9:18 a.m./L’audience débute à 9h18 950. THE CHAIRMAN: Ladies and gentlemen, good morning, welcome back. 951. This is the last day of the oral portion of the hearing, but before we proceed, I've been informed that there will be an opening prayer. 952. MR. CARTER: That's correct. Mr. Holloway will be giving an opening prayer. And from what I understand, this will also act as an affirmation for the rest of the Elders testifying today. 953. THE CHAIRMAN: Thank you. 954. ELDER HOLLOWAY: I would like to thank the Board members to ask First Nations to be part of this. I'm very honoured to be here to do the opening prayer. --- (Opening Prayer/Prière d’ouverture) WILLIAM SNOW: Affirmed LARRY DANIELS SR.: Affirmed LARRY DANIELS JR.: Affirmed LENNY WESLEY: Affirmed HENRY HOLLOWAY: Affirmed ALVIN YOUNG: Affirmed CONAL LABELLE: Affirmed ALICE KAQUITTS: Affirmed CHRIS GOODSTONEY: Affirmed CLINT HUNTER: Affirmed 955. THE CHAIRMAN: Mr. Carter, I heard there was an opening statement. Do you want to do that before I continue with my opening statement, or is now the appropriate time? 956. MR. CARTER: Maybe we’ll wait until after your opening statement. I believe that will be more appropriate. 957. THE CHAIRMAN: Thank you for your help. Transcript GH-002-2018 Opening remarks Chairman 958. The Board wishes to acknowledge that we are located on Treaty 7 territory, near a traditional gathering place for diverse Indigenous peoples including the Blackfoot, Tsuut’ina, and Stoney Nakoda First Nations, as well as the Métis Nation whose relationship with this land continue to this day. It is with truth and respect we would like to acknowledge all the Indigenous ancestors of this place and reaffirm our relationship with one another. 959. Participants already in attendance should confirm and register their presence with Board staff if they have not already done so. Any general question can be brought to one of our process advisors at the registration desk located outside the hearing room. Lanyards are available for participants and members of the public who wish to observe. 960. If participants have any preliminary matters they wish to raise, they should bring it up with one of our Process Advisors, who will be at the registration desk. Preliminary matters, if any, will usually be handled at the beginning of the session. 961. Before we begin, I will cover a few safety and housekeeping matters. In the event that we hear a building evacuation tone, please exit the hearing room using the entrance that you came in. Once in the hallway, there are two evacuation stairwells. The first is at the end of the hallway to the right of the hearing room entrance doors, and a second stairwell is in the elevator lobby. 962. Please remain calm and exit the building in an orderly fashion. Once outside the building, please take a roll call of your individual groups to make sure that everyone has evacuated. If someone is not accounted for, draw it to the attention of a warden outside the building. Then, please proceed to Central Memorial Park, which is two blocks south of this building at the southeast corner of 12th Avenue and 4th Street South West. It is on the east side of 4th Street, across the street from the Sheldon Chumir Centre. And if this happens, you don't k now -- you don't need to know exactly where it is; there will be a whole bunch of people heading in that direction. 963. Also, for security reasons, please do not leave bags or personal belongings unattended in the hearing room. If you have any concerns regarding safety, please speak to any Board staff member. 964. The men’s and ladies’ washrooms can be found through the elevator lobby turning left along the north hallway. There are signs posted by the elevator. Transcript GH-002-2018 Opening remarks Chairman 965. Copies of the schedule are available at the back of the room. 966. Also, please speak slowly and clearly at all times. As well, speaking closer and directly into the microphone is better than further away. 967. Before we continue, are there any preliminary matters? 968. MR. CARTER: There are none. 969. THE CHAIRMAN: Thank you. 970. Mr. Carter. 971. MR. CARTER: Good morning, Board members. 972. As you know, we represent the -- each of the Chiniki, Bearspaw and Wesley First Nations. For clarity, I’d like to note that even though after entering into Treaty Number 7, Canada allocated the same reserve lands to these three First Nations. Each of these First Nations have since then operated as its own distinct First Nation. For example, they still have their own Band membership and they still elect their own Chief and Council. 973. The three First Nations, as you may be aware, are collectively referred to as the Stoney Nakoda Nations. During testimony today, you may hear Elders refer to their specific First Nation or you may hear them refer to collectively all three as the “Stoney” or the “Stoney Nakoda Nations”. 974. I’d also note that the Stoney Nakoda Nations have an Aboriginal Rights Claim that is currently before the Alberta Court of Queen’s Bench. 975. And the Elders today, each from -- one from each of the three First Nations, will be speaking to how industrial development, national provincial parks, private lands, occupied Crown lands have cumulatively impacted their exercise of their Treaty rights and their Aboriginal rights within their traditional lands. 976. To give you -- to give the Board members kind of a brief outline of how we expect today to unfold, first, we expect to call Mr. William Snow who is Transcript GH-002-2018 Stoney Nakoda Nation Oral presentation the Consultation Manager for the Stoney Tribal Administration, and he’s going to be speaking about the ongoing consultation with NGTL on the West Path Delivery Project, the water rights of the three First Nations, and some specific oil and gas incidents that have impacted some of the First Nations. 977. Next will be an Elder, Mr. Larry Daniels Sr. from the Bearspaw First Nation, and he’ll be speaking about the traditional practices in the Eden Valley area. Next, we expect to call Mr. Henry Holloway; he’s a Chiniki First Nation member, and he will be speaking about the traditional practices in and around the Cochrane area. And next, we expect to call Alice Kaquitts. She is a Wesley First Nation Elder, and she’ll be speaking about gathering in and around the Turner Valley area. 978. We expect that will take us right up to lunch and after lunch, we will have Shauna McGarvey. She is a consultant with Aboriginal Services for MNP, and she is going to be speaking on the intervenor reports that were submitted on behalf of each of the three First Nations.
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