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Duncan's First Nation, and Horse Lake First Nation

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Duncan's First Nation, and Horse Lake First Nation SITE C CLEAN ENERGY PROJECT VOLUME 5 APPENDIX A07 PART 1 COMMUNITY SUMMARY: DUNCAN’S FIRST NATION FINAL REPORT Prepared for: BC Hydro Power and Authority 333 Dunsmuir Street Vancouver, B.C. V6B 5R3 Prepared by: Fasken Martineau 2900-550 Burrard Street Vancouver, B.C. V6C 0A3 January 2013 Site C Clean Energy Project Volume 5 Appendix A07 Part 1 Community Summary: Duncan’s First Nation Duncan’s First Nation Duncan’s First Nation (DFN) has two reserves: #151A, located 52 km west of Peace River in northwestern Alberta, and #151K, located in the McLennon/Reno area, southeast of Peace River. The majority of the population lives on #151A.1 The two reserves comprise a total area of 2426.1 ha.2 According to Aboriginal Affairs and Northern Development Canada, as of December 2012, DFN has a registered population of 269, with 142 members living on DFN reserves.3 DFN has a Chief and two Councillors, and uses a custom electoral system.4 In the 1970s, DFN joined the Lesser Slave Lake Indian Regional Council. But in 1998, DFN transferred to and formed the Western Cree Tribal Council along with Horse Lake First Nations and Sturgeon Lake Cree Nation.5 DFN is also a member of the Treaty 8 First Nations of Alberta.6 Historical Background DFN are Woodland Cree and are part of the Algonquian Cree linguistic group.7 DFN adhered to Treaty 8 on July 1, 1899.8 Reserves for DFN’s use and benefit were surveyed and established in 1905, but the reserves were not confirmed by Order-in-Council until May 3, 1907, for the first eight of the reserves, and June 23, 1925 for the last two reserves.9 In the mid-1920s, Canada sought to obtain surrenders of reserve lands belonging to DFN, the Beaver Band, and the Swan River Band, the three Bands in the Lesser Slave Lake Agency.10 Between 1925 and 1927, negotiations with the Bands were conducted 1 Duncan’s First Nation. 2012. Who We Are. Available at: http://www.duncansfirstnation.com/?page_id=2. Accessed: December 2012 (“Duncan’s First Nation, Who We Are”). 2 Aboriginal Affairs and Northern Development Canada (AANDC). 2012. First Nation Detail, Duncan’s First Nation. Available at: http://pse5-esd5.ainc- inac.gc.ca/FNP/Main/Search/FNMain.aspx?BAND_NUMBER=451&lang=e. Accessed: December 2012 (“AANDC, Duncan’s First Nation”). 3 AANDC, Duncan’s First Nation. 4 AANDC, Duncan’s First Nation. 5 Western Cree Tribal Council. 2012. Welcome to the Western Cree Tribal Council. Available at: http://www.westerncree.ca/. Accessed: December 2012. 6 Treaty 8 First Nations of Alberta. 2012. List of Nations. Available at: http://treaty8.ca/default.aspx?ID=9&page=List of Nations. Accessed: 7 Alberta Ministry of Aboriginal Relations (AB MAR). 2010. Métis Settlements and First Nations in Alberta: Community Profiles. Available at: http://www.aboriginal.alberta.ca/documents/MetisSettlement_FirstNation_Profile.pdf. Accessed: December 2012 (“AB MAR, Community Profiles”) at 28. 8 Indian Claims Commission (ICC). 1999. Duncan’s First Nation Inquiry, 1928 Surrender Claim. Available at: http://publications.gc.ca/collections/collection_2009/indianclaims/RC31-56-1999E.pdf. Accessed: December 2012 (“ICC, 1928 Surrender Claim”) at 6. 9 ICC, 1928 Surrender Claim at 8 & 11. 10 ICC, 1928 Surrender Claim at 34, 1 of 3 Site C Clean Energy Project Volume 5 Appendix A07 Part 1 Community Summary: Duncan’s First Nation separately.11 However, at the end of 1927, Canada decided to combine the negotiations. The DFN surrendered IR 151 and IR 151B-151G on September 19, 1928.12 A map of the claim area can be found on page 231 of the Indian Claims Commission’s decision in Duncan’s First Nation Inquiry – 1928 Surrender Claim.13 11 ICC, 1928 Surrender Claim at 49. 12 ICC, 1928 Surrender Claim at 59. 13 ICC, 1928 Surrender Claim at 231. 2 of 3 Site C Clean Energy Project Volume 5 Appendix A07 Part 1 Community Summary: Duncan’s First Nation Traditional Territory Map Duncan’s First Nation and British Columbia Hydro and Power Authority. 2010. Duncan’s First Nation Traditional Land Use Agreement for Site C Clean Energy Project: Schedule A. 3 of 3 SITE C CLEAN ENERGY PROJECT VOLUME 5 APPENDIX A07 PART 2 BC HYDRO CONSULTATION SUMMARY: DUNCAN’S FIRST NATION FINAL REPORT Prepared for: BC Hydro Power and Authority 333 Dunsmuir Street Vancouver, B.C. V6B 5R3 Prepared by: Site C First Nations Engagement Team Suite 1100, Four Bentall Centre 1055 Dunsmuir Street P.O. Box 49260 Vancouver, B.C. V7X 1V5 January 2013 Site C Clean Energy Project Volume 5 Appendix A07, Part 2 BC Hydro Consultation Summary, Duncan’s First Nation Volume 5 Appendix A, Part 2, provides a summary of consultation activities undertaken by BC Hydro with each of the 29 Aboriginal groups listed in Table 9.1 of the EIS, as required pursuant to section 7.2.1 of the EIS Guidelines. This summary describes consultation activities that took place between November 1, 2007 and November 30, 2012, including meetings, phone calls, letters and emails, and consists of a high-level description of “key events” followed by a chronological summary of the consultation process during the above time period. Volume 5 Appendix A, Part 2, will be updated with new or additional information prior to the submission of the EIS to the Joint Review Panel. DUNCAN’S FIRST NATION CONSULTATION SUMMARY Defined Terms “AMEC” AMEC Earth & Environmental, consultant for BC Hydro “BCEAO” Environmental Assessment Office, Province of British Columbia “CEA Agency” Canadian Environmental Assessment Agency “Duncan’s” Duncan’s First Nation “EIS” Environmental Impact Statement “GIS” Geographic Information Systems “Golder” Golder Associates Ltd., consultant for BC Hydro “historical grievances” Allegations of damages arising from the construction and operation of BC Hydro’s existing facilities on the Peace River “IBA” Impact Benefit Agreement “Potential Downstream Changes Site C Clean Energy Project, Potential Downstream Report” or “Downstream Report” Changes (BC Hydro, May 2012) “the Province” Province of British Columbia “Site C” or “the Project” proposed Site C Clean Energy Project “Stage 2 Consultation Stage 2 – Proposed Site “C” Project Agreement for Agreement” Consultation and Collaboration between Duncan’s First Nation and BC Hydro, dated September 16, 2008 1 of 26 Site C Clean Energy Project Volume 5 Appendix A07, Part 2 BC Hydro Consultation Summary, Duncan’s First Nation “Stage 3 Consultation Site “C” Clean Energy Project Agreement for Agreement” Consultation and Collaboration between Duncan’s First nation and BC Hydro, dated July 12, 2010 “TLUS” Traditional Land Use Study “TLUS Agreement” Traditional Land Use Study Agreement for Site C Clean Energy Project between Duncan’s First Nation and BC Hydro, dated July 12, 2010 Key events 2007 November: BC Hydro made initial contact with Duncan’s and expressed its commitment to effective consultation with respect to the Project. 2008 April: BC Hydro wrote to Duncan’s advising that it had developed an engagement strategy for the Project and would contact Duncan’s in the upcoming weeks to set up an introductory meeting. The letter attached the Stage 1 Summary Report. June: BC Hydro met with representatives of Duncan’s (Chief, Councillor and staff) for an introductory meeting. Duncan’s expressed interest in developing a consultation agreement with BC Hydro, and receiving funding to undertake an independent technical review of reports and studies related to the Project. September: BC Hydro and Duncan’s finalized and executed a Stage 2 Consultation Agreement, which established the principles, process and scope for consultation between BC Hydro and Duncan’s for Stage 2 and provided capacity funding to enable Duncan’s to participate in the consultation process. The term of the agreement extended until the completion of Stage 2. November: BC Hydro participated in a community meeting at the Duncan’s reserve which was attended by 10 Elders and Duncan’s lands staff. BC Hydro presented introductory information about the Project and responded to questions. 2009 May: BC Hydro wrote to Duncan’s and enclosed materials from the environmental and socio-economic TACs for the purpose of early information sharing 2 of 26 Site C Clean Energy Project Volume 5 Appendix A07, Part 2 BC Hydro Consultation Summary, Duncan’s First Nation June: BC Hydro provided Duncan’s with a complete set of Stage 1 studies. August: - BC Hydro met with Duncan’s and presented information and sought input regarding baseline studies on hydrology and fish and aquatics. Duncan’s advised that water quality was the community’s number one concern related to the Project, and requested information on how the Project would affect water quality. BC Hydro explained that sediment might change water quality in some parts of the river due to the turbidity, but that preliminary studies suggested that effects on water quality were unlikely to be of significant concern in the Peace River near Duncan’s reserve. - BC Hydro met with representatives of Little Red River Cree and Duncan’s to present information and seek input with respect to baseline studies on hydrology, fish and aquatics, wildlife, heritage, socio-economic issues, and greenhouse gases. September: BC Hydro provided Duncan’s with nine wildlife and fish studies completed in Stage 2, and offered to meet with Duncan’s to discuss the materials. December: BC Hydro met with representatives of Duncan’s to discuss the possibility of conducting a TLUS and commencing negotiations with respect to a Stage 3 consultations agreement. BC Hydro tabled a draft Stage 3 consultation agreement, advising that finalization would be contingent upon the Project moving to Stage 3. 2010 February: BC Hydro met with representatives of Duncan’s to provide a Project update, which included a discussion regarding the potential downstream changes resulting from the Project, and a review of the findings of the report, Stage 2 Review of Potential Downstream Changes from Site C Operations: Preliminary Findings (October 2009).
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