James Smith Cree Nation Project-Specific Traditional Land Use Study

S TAR-ORION S OUTH D IAMOND P ROJECT E NVIRONMENTAL I MPACT A SSESSMENT

APPENDIX 5.4.2-B

SX03733 – Section 5.0

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

FINAL Report

James Smith Cree Nation Project- Specific Traditional Land Use Study

Prepared For:

Shore Gold Star-Orion South Project

Prepared By:

Calliou Group Calgary, AB

On Behalf of:

James Smith Cree Nation

March 11, 2010

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Information collected for this Study remains the sole property of James Smith Cree Nation. The information contained within this project-specific Study is meant for a single application only, for use in the Shore Gold Star-Orion South Diamond Project environmental assessment. Citation, use or reproduction of the information contained in this Final Report is permissible only with the written consent of the James Smith Cree Nation.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

EXECUTIVE SUMMARY

The following report, James Smith Cree Nation Project-Specific Traditional Land Use Study, for the proposed Shore Gold Star-Orion South Diamond Project is intended to identify James Smith Cree Nation Aboriginal knowledge and traditional and use information in the vicinity of the proposed Project. The proposed Project is located within the Fort à la Corne Forest.

Based on available time and budget, seventeen interviews were conducted with James Smith Cree Nation members to document past and current use in the Project Area and the Fort à la Corne Forest. The Study Team documented traditional uses and the exercise of treaty and Aboriginal rights including: hunting, trapping, fishing, gathering areas, cabins, camps, sacred sites and travel routes. For the purposes of this study these rights include the treaty rights contained within Treaty 6 and other Aboriginal rights such as hunting, trapping, fishing and gathering. The majority of study participants reported use within the Project Area and all study participants reported use in the Forest.

In addition to historic and current use of the Fort à la Corne Forest, interview participants expressed a desire to continue to use the Forest for the exercise of their treaty and Aboriginal rights.

As the Project Area will not be accessible to James Smith if approved, any uses reported within this area will be directly and adversely impact by the Project. Some key traditional uses that were reported within the Project Area include: use of Lars Road to access use areas, current hunting of moose, elk, and deer by majority of interviewees, water travel along the Saskatchewan River, Bingo Hill is a camping, hunting and sacred area, and a burial site located near the southern boundary of the Project Area.

Concerns raised during the interviews include movements of wildlife away from the project area, noise and vibration from blasting, blocked access, dust from overburden, adverse effects to water from discharge into the Saskatchewan River, groundwater withdrawal and adverse effects to on-reserve water source, reclamation, increased traffic in the Forest, past government efforts to limit use of the Forest, lack of benefits to the Nation and lack of consultation with James Smith.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

STUDY TEAM

Report Authors:

Germaine Conacher Tracy Campbell Adena Dinn

Interviews:

Germaine Conacher Adena Dinn

GIS Mapping:

Adena Dinn

Senior Review:

Tracy Campbell

JSCN Community Coordinator:

Vince Burns

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Interview Participants:

Garth Sanderson

Earl Sanderson

Lena Sanderson

Dave Sanderson

Dave Burns

Alvin Whitehead

Ralph Moostoos

Ronnie Head

Calvin Sanderson

Delma Sanderson

Larry Brittain

Arlene Moostoos

Linda Moostoos

Ted Moostoos

Richard Moostoos

Martin Moostoos

Oscar Moostoos

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

ABBREVIATIONS AND ACRONYMS

TLUS; TLU Traditional Land Use Study; Traditional Land Use

AK Aboriginal Knowledge

ATK Aboriginal Traditional Knowledge

TEK Traditional Ecological/Environmental Knowledge

Project Shore Gold Star-Orion South Diamond Project

JSCN James Smith Cree Nation

GIS Geographical Information Systems

RSA Regional Study Area

LSA Local Study Area

IR Indian Reserve

EIS Environmental Impact Statement

FalC Fort à la Corne

SMOE Saskatchewan Ministry of Environment

CEAA Canadian Environmental Assessment Agency

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Table of Contents Executive Summary ...... 3 Study Team ...... 5 Abbreviations and Acronyms ...... 7 1 Introduction ...... 10 1.1 Shore Gold Star-Orion South Diamond Project Description ...... 10 1.2 Traditional Land Use Studies ...... 12 1.2.1 Limitations of TLU Studies ...... 14 1.2.2 TLU Study Types ...... 15 1.2.3 TLU Information and Environmental Assessments ...... 15 2 James Smith Cree Nation Aboriginal Knowledge and Use Study Design ...... 19 2.1 Study Purpose ...... 19 2.1.1 Saskatchewan Ministry of Environment ...... 19 2.1.2 Canadian Environmental Assessment Agency ...... 19 2.2 Study Area ...... 21 2.3 Study Methodology ...... 23 2.3.1 Review of Existing Information ...... 23 2.3.2 Interview Protocol ...... 24 2.3.3 Selection of Participants ...... 24 2.3.4 Conduct of Interviews ...... 24 2.3.5 Informed Consent ...... 25 2.3.6 Maps ...... 25 2.3.7 Map Digitization ...... 26 2.3.8 Interview Summaries ...... 28 2.3.9 Community Verification Process ...... 29 2.4 Limitations of this Study ...... 29 3 James Smith Cree Nation ...... 30

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

3.1 Introduction ...... 30 3.1.1 Historical Record...... 30 3.1.2 Treaty 6 ...... 31 3.2 Fort à la Corne Provincial Forest ...... 33 3.2.1 Government Policies and Resource Use ...... 36 4 Aboriginal Knowledge and Use ...... 38 4.1 Hunting ...... 38 4.2 Trapping ...... 45 4.3 Fishing ...... 48 4.4 Gathering ...... 50 4.5 Travel Routes ...... 53 4.6 Cabins, Camps and Sacred Sites ...... 55 4.7 Other Traditional Environmental Knowledge ...... 58 5 Project Concerns ...... 61 5.1 Access ...... 61 5.2 Wildlife Movement ...... 62 5.3 Noise/Vibration ...... 62 5.4 Traffic ...... 62 5.5 Water ...... 63 5.6 Dust ...... 63 5.7 Sacred Sites ...... 63 5.8 Reclamation ...... 63 5.9 Consultation Process ...... 64 5.10 Lack of Benefits ...... 64 6 References ...... 65

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

1 INTRODUCTION The following report, James Smith Cree Nation Aboriginal Knowledge and Use Study: Shore Gold Star-Orion South Diamond Project, was commissioned by James Smith Cree Nation (JSCN) in order to provide Aboriginal Knowledge and Use information for consideration in the regulatory review process for the Shore Gold Star-Orion South Diamond Project (the Project).

1.1 Shore Gold Star‐Orion South Diamond Project Description Shore Gold, in their Environmental Impact Statement (Shore Gold 2010) describes the Star-Orion Project as follows:

The Project is located in central Saskatchewan within the Fort à la Corne (FalC) Provincial Forest, approximately 60 kilometres east of the City of Prince Albert. The kimberlites are located immediately north of the Saskatchewan River, and downstream of the convergence of the North and South Saskatchewan Rivers.

The Project consists of the following major components: Star Kimberlite open pit; Orion South Kimberlite open pit; overburden and rock storage pile; coarse processed kimberlite (Coarse PK) pile; fine processed kimberlite containment facility (PKCF); water management reservoir; diamond processing plant; and infrastructure. The proposed Star and Orion South open pits will be conventional open pit mining operations with 15 metre high benches.

Overburden from the Star and Orion South open pits will be excavated predominantly with an in-pit crush and convey (IPCC) system using hydraulic shovels to place material into a mobile crusher, which will feed a conveyor system for transport of material to a stacker at the overburden pile.

Shore will mine ore from Star and Orion South at 45,000 tonnes per day, maintaining and operating its own equipment and labour force. The ore and associated waste rock will be excavated using conventional hydraulic excavators and 136 tonne capacity in-pit haul trucks. The ore will be hauled to an in-pit ore sizer, and then sized and conveyed to the processing plant ore stockpile. The associated waste rock will be hauled to an in-pit waste sizer and conveyed by the IPCC waste conveying system.

The 45,000 tonnes per day processing plant will receive ore from a stockpile conveyer, and liberate diamonds from the host rock using autogenous grinding (AG) mills. Fine material from the AG mills will then be pumped via slurry to the PKCF.

Coarse material from the AG milling process will be sent to the Dense Media Separation (DMS) plant. The DMS sorts material by density with the lighter minerals (or floats) being transported to the coarse processed kimberlite pile (coarse PK pile), and the heavy

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

material being sent to the diamond recovery circuit. Diamonds will be separated from the other heavy minerals using magnetic sorting, x-ray sorting, grease belts and Laser Raman spectroscopy (i.e. a technique that measures the unique changes in light wave characteristics as it interacts with a particular material).

All process water required in the plant will be supplied from pit dewatering, and managed through the PKCF and the water management reservoir, for ultimate disposal in the Saskatchewan River. When the Star pit is complete, overburden and fine processed kimberlite from Orion South will be back filled into the Star pit.

The Star and Orion South pit designs include the mining of a further 80 million tonnes of kimberlite classified in the Inferred resource category and containing an estimated 13 million carats of diamonds at a grade of 16 carats per hundred tonne (cpht). If this material proves economic, the mine life could be extended by over 6 years.

An access corridor encompassing a roadway, communication lines, and a natural gas pipeline is proposed. It will extend from Highway 55 near Smeaton south to the current bridge at the Whitefox River on Shipman Trail. A small (10 centimetre) gas branch line to the site is proposed within the access corridor right of way (ROW) from a TransGas trunk line south of Highway 55 near Shipman to the site. Natural gas will only be used to provide building heat and fuel the incinerator. The nearest electrical power transmission line is located southeast of the Project site. SaskPower is evaluating several options to provide the required electrical power to the site through connection of this line, providing for the construction of a new line ranging in length from 15.6 kilometres to 18.5 kilometres, factoring river crossings, land ownership and heritage resources into the final alignment. The final alignment of the power line will be determined by SaskPower through a separate application process.

A processing plant, administrative building, maintenance shop, technical offices, a warehouse, security buildings, a lube storage, truck wash and emergency response building, and helipads will be located within the site footprint. All buildings will comply with applicable regulations and codes.

A combination of media and membrane filtration will be used to treat shallow groundwater in compliance with the Saskatchewan Drinking Water Quality Standards and Objectives. Wastes from the media filters and membranes will be placed in the process plant pump box for disposal in the PKCF.

The plant site will have 150,000 litre diesel fuel storage capacity (2 x 75,000 litre above- ground double walled storage tanks), a 10,000 litre gasoline above-ground double walled storage tank, and an in-pit 60,000 litre diesel fuel above-ground double walled storage tank and lubrication station. A 35,000 litre used oil tank (inside the oil storage area) and a 5,000 litre used coolant tank (outside the bulk lubricants building) are planned. 11

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

The planned infrastructure includes an interpretive centre, which will be a diamond shaped building located east of the administrative building. It will provide meeting and presentation space for visitors to receive interpretive presentations as well as kitchen and washroom facilities.

The mining will involve the use of explosives, estimated at 70 tonnes per week. To ensure safe transportation of explosives, the individual components of the explosives, ammonium nitrate prills and diesel fuel oil, will be delivered and stored on site separately. The components will be delivered to the pit in a mixing truck, mixed and poured into the blasthole. The storage facility will serve as the base of operations for the explosives delivery vehicles. Explosives will be handled only by trained and certified personnel. The area around explosives storage facilities will be fenced and access restricted. The explosives area will be located approximately 3 kilometres from any point of public road access and at least 3 kilometres from the nearest site boundary. It will be located approximately 21 km from Highway 6, at its closest point. These distances are in excess of the minimum requirement of 670 metres for a 90 tonne storage facility to be located away from “most roads and highways”.

Pit dewatering from active pumping centres around each pit is expected to produce water in volumes up to 154,000 cubic metres per day. This volume of water requires careful consideration in the development of a water management system to meet processing plant water requirements, and to adequately address any potential environmental effects. This has been successfully accomplished such that water discharged from the water management system to the Saskatchewan River will meet both provincial and federal guidelines for the protection of freshwater aquatic life and be within natural background levels within a few metres of the outfall structure which will be located in the river channel. (Shore Gold 2010, Executive Summary)

1.2 Traditional Land Use Studies Traditional Land Use Studies (TLUS) have many names. They are sometimes called a Traditional Land Use and Occupancy Study, Traditional Knowledge Study, Traditional Use Study or Aboriginal Traditional Knowledge Study. What these studies have in common are Aboriginal communities telling the ‘story’ of their use of the land and resources. Most often they are used as a way to ‘prove’ or identify rights or interests associated with a particular territory or area.

There are usually two main components to a TLU study – qualitative interview survey or summaries, and maps, often called map biographies. The former is the land use story as a narrative in the words of the Aboriginal TLU study participant. The latter is the documentation of information spatially on a two-dimensional map (either paper or digital) shared by the participant during that specific interview.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

There are two types of information collected during a study: Traditional Land Use and Traditional Environmental Knowledge information. Traditional Environmental (or Ecological) Knowledge (TEK) is a cumulative body of qualitative knowledge and beliefs, handed down through generations by cultural, primarily oral transmission, describing the relationship of living beings (including humans) with one another and with their environment. Further, TEK is associated with Aboriginal societies with significant and historical continuity in resource use practices (Berkes 1993).

Qualitative TEK information provides the context behind land use by Aboriginal people, by providing the meaning behind the cultural practices developed over time. TEK provides the ‘how and why’ land and resource use occurs the way it does. However, it is often difficult to visually represent and use this type of qualitative information. Short of reading and analyzing narrative accounts found in interviews, it is challenging to represent TEK in a way that is readily understandable. It is, therefore, difficult to practically use TEK in modern applications, such as regulatory processes, land use planning exercises or land claims when taken out of context from a Traditional Land Use study. Audiences viewing TEK for these purposes, such as government regulators, proponents or land managers find it difficult to synthesize qualitative information.

The second type of collected information is called Traditional Land Use (TLU) information. TLU is information that has the potential to be more easily represented spatially on a map. It is land and resource use information that can be represented as a ‘picture.’ It is the ‘where and when’ of Aboriginal land and resource use. Terry Tobias cites Dr. Peter Usher in his book Chief Kerry’s Moose when defining Traditional Land Use as follows:

“Use refers to activities involving the harvest of traditional resources; things like hunting, trapping, fishing, gathering of medicinal plants and berry picking and travelling to engage in these activities. For any given community or nation, use occurs over a specific geographic area.” (Tobias 2000)

TLU information also includes habitation sites, and cultural and spiritual areas, and place names. Like TEK, TLU information has an inherent element of ‘movement’ to it (such as animals, people, or activities like harvesting) therefore it is difficult to accurately capture and fully represent on a static, two-dimensional map. There are exceptions of course, as some aspects of TEK can be mapped, such as wildlife migration routes, calving areas, or spawning areas (Tobias 2009, 44). However, the use of TEK information from a qualitative interview loses context as soon as it 13

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

placed statically on a map. Interviews should be read together with spatial representation of map biographies. TEK are the words; TLU is the basis of the picture.

Quite often, the exercise of two-dimensional mapping can oversimplify Aboriginal use that will obliterate any social context that created the land use patterns over time (Roth 2006). In other words, “unlike qualitative studies (which probe deeply and capture subtleties of meaning using the recorded word) map surveys cannot capture the richness of meaning. They can only scratch the surface.” (Tobias 2009, 389).

1.2.1 Limitations of TLU Studies There are several important limitations of TLU Studies that must be highlighted.

Firstly, locating and identifying specific-use sites on two-dimensional, large scale topographic maps is challenging. Some study participants have low map literacy, or for other reasons do not readily refer or relate to maps. As a result, mapped information captured during desktop TLU studies has an inherent element of inaccuracy. Field visits to seek and verify specific information is ideal. However, TLU Studies are rarely provided the time or resources for robust field visits to locate and precisely identify TLU study information captured during interviews. It is therefore extremely unlikely that all sites identified during desktop interviews will be field verified.

Secondly, it is also impossible to fully represent the extent of knowledge or areas of use learned over a lifetime during a two-hour interview format. Many traditional land users and interviewees frequently respond that they “went everywhere” within their traditional territory. By definition, a representative map of traditional use will identify ‘used’ and ‘unused’ areas which may not accurately reflect the totality of a lifetime of cultural knowledge. This does not adequately or correctly capture all Aboriginal use over time. This limitation is especially evident when draft reports are presented at a community meeting or gathering for verification. Often both study participants and community representatives lament that the report does not capture or represent the totality of the community’s knowledge and use.

Finally, a TLUS does not provide an in-depth analysis of reasons for any decreased and/or increased resource use changes over time. Reasons or explanations for any changes in resource use, whether from imposition of government policy, financial

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

restrictions, perceived health concerns or increased industrial development are both difficult to illustrate spatially and by cursory research.

1.2.2 TLU Study Types There are two types of Traditional Land Use studies: project-specific and comprehensive. Comprehensive, or use and occupancy studies, are primarily community, or Nation-driven studies meant to collect and document comprehensive land use information throughout a Nation’s traditional territory. These studies are not project-specific, and do not attempt to describe or identify potential impacts from any specific or individual project. They are useful in several applications including: documenting cumulative knowledge of a Nation on a larger-scale; preserving culture and language information as part of the Nation’s heritage; for educational purposes for internal or external audiences and; raising community awareness and pride. They are long term, in depth and extremely resource intensive. Comprehensive TLUS are also extremely useful in establishing the trigger for Aboriginal consultation, by documenting general TLU information unrelated to any specific projected project effects.

Project-specific TLU Studies collect and document Aboriginal knowledge in the context of single application or project-specific regulatory process. These studies generally focus on the narrow spatial and temporal parameters dictated by the proposed project in question. Documented TLUS information arising out of project- specific studies tends to focus on the question, “what Aboriginal use exists in the area that may be potentially impacted by the project?”

1.2.3 TLU Information and Environmental Assessments Environmental assessments conducted for large scale projects require a Proponent to gather the necessary biophysical, social and economic baseline information in order to identify any potential changes or effects (both positive and negative) a project may have on that information. Due to recent Supreme Court decisions, both provincial and federal legislation now reflect requirements to also gather and evaluate potential effects to the exercise of Aboriginal and Treaty rights of potentially affected Aboriginal communities. For example, as outlined in the Canadian Environmental Assessment Act, 1992, the definition of “environmental effect” now includes effects to “the current use of lands and resources for traditional purposes by aboriginal persons.”

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

The way in which to accurately describe and evaluate the size and scope of effects to biophysical, social and economic systems within environmental assessments is a relatively standard professional exercise by various scientific disciplines.

The approach taken by biophysical scientists and other professionals in the conduct of environmental assessments for the determination of effects is built on two primary concepts. First, effects can be measured against standards or thresholds set either by international, national or provincial guidelines for the level of desired health of various biological and physical systems. Second, once the size and scope of the project-induced change has been identified, the significance of that change can also be identified. Usually, the effect is categorized as either “significant” or “not significant” by the assessment professional based on pre-assigned criteria. Professional judgement is also used in the determination of significance.

Unfortunately, the method of identifying effects and the significance of those effects to the exercise of treaty and Aboriginal rights are not currently defined or standardized. Standards or thresholds for the conditions necessary for the continued exercise of treaty or Aboriginal rights have not been set by any political jurisdiction in Canada. Therefore, project changes or effects cannot be measured against any identifiable criteria to know if that effect will prevent or even eradicate the continued exercise of the Aboriginal right. Compounding this issue, is the lack of the concept of effect “significance” in the exercise of Aboriginal rights. In other, while the term “significance” is used in EAs, the threshold in the case law for aboriginal consultation is “adverse impact.” So there is a potential divergence between the trigger for dealing with impacts or effects in a strict EA sense (“significance”) and the trigger for doing so when assessing impacts on constitutionally-protected rights (“adverse impact”).

Project-specific TLU Studies can be the mechanism to tell an Aboriginal Nation’s ‘story’ to a regulatory authority of how land use has occurred or is occurring in relation to a potential project under consideration. It can also express community concerns about the intended use of the project area in question for the purposes of exercising Treaty or Aboriginal rights. However, a project-specific TLUS, by design, does not attempt to identify on its own (either qualitatively or quantitatively) project effects on the TLUS information collected. This is a separate process facilitated by the larger environmental and socio-economic assessment (ESA) process, and results from the integration of the collected TLUS information into that larger environmental assessment.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

The process of identifying potential effects to traditional or Aboriginal uses of the land within the project area requires integration of Aboriginal people at several points throughhout the environmental assessment (Larcombe 2000). Ideally, Aboriginal people are consulted to ensure the design of biophysical and socio- economic studies include parameters which reflect their use of specific species and habitat. This would ensure that field or place-specific information is incorporated and reflected by each discipline study lead. Each individual study ideally should reflect TEK specific to that study. A project-specific Traditional Land Use Study should also be completed using temporal and spatial parameters specific to the project in question. The integration of the prooject-specific TLU study findingss into each biophysical discipline assessment of effects is required to help identify what potential effects may result from the project on Traditional Land Use information. Finally, including an effect assessment specifically on environmental and social components required for the exercise of Aboriginal and treaty rights is also necessary.

Figure 1-1 TLU Information and Environmental Assessments

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

It is also important to note the difference between the concerns expressed by TLU study participants in the course of a broader consultation process or through the collection of qualitative information, and the potential effects eventually described by a completed environmental assessment. These two should not be confused. Too often individual members of an Aboriginal community are asked by proponents to describe what they believe are the anticipated effects of a project are on their treaty or Aboriginal rights. This is inappropriate. The incorporation of the TEK must be considered and incorporated by scientific practioners for a meaningful assessment and perceived effects or concerns must be addressed.

Without specific and quantitative measurements, facilitated by integrating TLUS information into the conduct of an environmental assessment, a TLUS on its own does not analyze or identify how or to what extent the proposed project potentially adversely impacts the exercise of Aboriginal and treaty rights. As stated, this is due to the lack of connection and incorporation of TLUS information in the analysis of the environmental assessment, which is meant to identify overall effects. Without integration of TLUS information into the design and execution of the environmental assessment and into the determination of effects, a project-specific TLU study is limited in its application after the completion of the assessment report has occurred, except to highlight information that should have been collected and used during the assessment process.

The collection and documentation of TLUS information and the identification of potential project effects related to that information remains grossly incomplete. As a result, the identified (either qualitative or quantitative) adverse impacts of industrial development on the exercise of Aboriginal and treaty rights are largely undocumented. A project-specific TLUS without integration into a broader assessment can only provide in part, the Aboriginal study participants’ individual estimation of the potential project effects (Larcombe 2000).

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

2 JAMES SMITH CREE NATION ABORIGINAL KNOWLEDGE AND USE STUDY DESIGN

2.1 Study Purpose The expressed purpose of this Study was to document JSCN resource use information, as represented by JSCN Study participants in the area potentially adversely impacted by the Project, within the JSCN traditional territory.

The majority of provincial and federal regulators responsible for the conduct of environmental assessments require the incorporation of traditional use information into environmental assessment reports. For this Project, there are regulatory requirements in relation to the collection and assessment of Traditional Land Use from both provincial and federal regulators. Specific TLUS requirements included:

2.1.1 Saskatchewan Ministry of Environment The Saskatchewan Ministry of Environment (SMOE) issued Final Project-Specific Guidelines for the Preparation of an Environmental Impact Statement for the Star- Orion South Diamond Project in November 2009. These guidelines require Shore Gold to:

“Section 2.5.1 Traditional Land Use

The EIS should identify the current and historical use of lands and resources within the study area for traditional purposes by First Nations and Métis peoples (i.e. non-commercial uses including hunting, trapping, fishing and other traditional use activities).” (SMOE 2009)

Additionally, Section 2.9 Impact Assessment and Mitigation requires:

“2.9.1.9.1 Traditional Land Use

• The project and cumulative impact of development on these uses; • Possible mitigation strategies to avoid or reduce these impacts; and • Describe the nature and extent of restrictions on use of specific areas for cultural or spiritual activities.” (SMOE 2009)

2.1.2 Canadian Environmental Assessment Agency The Canadian Environmental Assessment Agency (CEAA) issued a Comprehensive Study Scoping Document for the Proposed Star-Orion South Diamond Project on

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

November 26, 2010. This scoping document has the following requirements for TLUS (emphasis added):

5.2 a) any change that the project may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act b) any effect of any change referred to in paragraph (a) on i) health and socio-economic conditions ii) physical and cultural heritage iii) the current use of lands and resources for traditional purposes by Aboriginal persons, or iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or c) any change to the project that may be caused by the environment whether any such change or effect occurs within or outside Canada.

5.3 Effects of any change to any biophysical component listed above on: • potable water (quality and quantity) from surface and groundwater sources; • current use of lands and resources for traditional purposes by Aboriginal persons; • physical and cultural heritage; • socio-economic conditions, including worker and public health; • any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; • other land and resource use; • potable water availability from groundwater sources • recreational use (fishing, hunting, snowmobiling, aesthetics, etc.) • agricultural use • forestry • mining • effects on navigation; • impacts to country foods due to effects of the project

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

2.2 Study Area The spatial area of study for a project-specific Traditional Land Use Study is the area surrounding a project that could be potentially affected by that project. In an environmental assessment, the various biophysical study disciplines (such as wildlife, air, vegetation, etc.) have different regional study areas based on their specific disciplines.

Typically, in an environmental assessment there are two Study Areas: the local and regional, which are defined as the area that could be potentially impacted (either positively or negatively) by the effects of the proposed Project. The Local Study Area is the Project Area as defined in Shore Gold’s Environmental Impact Statement (Figure 2.2). The Regional Study Area for the purposes of this study was the regional study area as described in Shore Gold’s original Project Description released in November 2008. In the Environmental Impact Statement (Shore Gold 2010) most biophysical studies used the Fort à la Corne Forest as the Regional Study Area; however, at the time of interviews the EIS was not yet available to the Study Team. .

The Local and Regional Study Areas can be seen in Figure 2.1.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

2.3 Study Methodology A review of the available literature on TLU studies yields several methodologies for comprehensive use and occupancy studies. These guidelines can best be described as applying to TLU studies that are comprehensive in scope (as previously described), rather than project-specific. Currently, there exist very few peer- reviewed methodologies for the incorporation, design and execution of project- specific TLUS into a regulatory review process. In a report to the Canadian Environmental Assessment Agency, Larcombe (2000) suggests attempts to incorporate TLUS into environmental assessment reports have not been successful to date, and aboriginal views remain unintegrated into environmental assessments.

Practitioners, therefore, must combine the best practices of existing studies in the absence of project-specific guidelines. The execution of this TLU study adapts the methodologies and best practices outlined in several documents for the conduct of comprehensive Traditional Land Use Studies, including:

• Chief Kerry’s Moose: A Guidebook to Land Use and Occupancy Mapping. Terry Tobias. Joint Publication, Union of BC Indian Chiefs and Eco Trust, 2000. • A Guide to Conducting Traditional Knowledge and Land Use Study. Terry Garvin, Northern Forestry Centre Staff. Northern Forestry Centre, 2001. • Best Practices Handbook for Traditional Use Studies: Ministry of Aboriginal Affairs and Northern Development, Government of Alberta, 2003. • Living Proof: The Essential Data-Collection Guide for Indigenous Use and Occupancy Map Surveys. Terry Tobias. EcoTrust Canada, Union of British Columbia Indian Chiefs, 2009.

The Study Team also used their collective experience in the conduct of both project-specific and comprehensive Traditional Land Use Studies over the past 20 years.

2.3.1 Review of Existing Information The Study Team reviewed various published and unpublished material for relevant historical and cultural information to assist them in the development and execution of this Study. A full listing of references can be found in Section 6.0 of this Report.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

2.3.2 Interview Protocol The interview protocol or categories for this report were designed by Calliou Group. The interview categories outlined themes for the conduct of interviews. The semi- structured interview is deemed by the Study Team as the most appropriate method of eliciting participant information. This technique gives the interviewer control over the direction of the proceedings while obtaining an appropriate level of detail from the participant, who is free to raise points or add information as they see fit.

A copy of the interview protocol is attached as Appendix 1.

The categories for interviews included:

• Areas where the participants have exercised, or currently exercise their treaty and Aboriginal rights, including hunting, trapping, fishing and gathering; • Specific-use or fixed cultural sites (including locations of camps, cabins, graves, travel routes, etc.); • Types of animals and plants harvested, and season of harvest; and • Project related concerns.

2.3.3 Selection of Participants Study participants were selected by the JSCN community coordinator and the Study Team based on several criteria, including:

• JSCN member • Knowledge and use of the Study Area, and • Availability during the Study time frame.

The JSCN coordinator and Study Team endeavoured to select interview participants actively use the regional and local study area for the exercise of their treaty and Aboriginal rights. Of the seventeen individuals interviewed, thirteen were male, four were female, 8 participants were over 50 and 8 were under 50, with one participant’s age unknown.

2.3.4 Conduct of Interviews Seventeen (17) interviews were conducted with members of James Smith Cree Nation by the Study Team in January 2011. A trip was conducted from Jan 3rd to Jan 6th 2011 to the James Smith Cree Nation to conduct all seventeen participant interviews.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Two hours were allotted for each interview; however the majority of interviews lasted approximately one hour. All interviews were conducted in English. To ensure integrity and accuracy of information, each interview was voice recorded. Hand written notes were also taken by the Study Team during the interviews.

2.3.5 Informed Consent Interview participants were asked to sign consent forms asking for permission to use the knowledge shared in this report, and to allow for voice recordings, and where permission was obtained, recordings were completed. The consent form used is attached as Appendix 2.

2.3.6 Maps Composite base maps, used as “mark-up maps” were created by the Study Team. The mark-up maps encompassed the Fort à la Corne Forest and included the regional and local study areas for the Project. The mark-up map scale was 1: 267,625 and a map showing project facilities plotted on an air photo was 1:155,758. Black and white mark-up maps were used during interviews.

During the interview, information that can be represented spatially is captured on base maps. Study Team members physically control documentation of mapped information, primarily for consistency. Mapped information is confirmed with interview participants during the interview. During the interview, fixed sites and areas are given a site or feature number, which correspond to the notes taken throughout the interview by the Study Team.

For quality control purposes, the Study Team recorded each Study participant or group’s map biography information on a mark up map. For example, if an individual was interviewed alone, a mark up map was created for that individual; if two or more participants were interviewed together as a group, a single mark up map was created for that group. Prior to each interview, the interviewees name(s), map number, voice recording number, interpreter/liaison and interviewers names were noted on the mark-up map and/or in the Study Team notes. Sites and use areas recorded on the mark-up map can then be attributed to the individual(s) interviewed.

Mark-up maps were used to document traditional use sites (e.g. cultural sites, cabins, graves, birthplaces, trails/travel routes, camps, etc.) as well as areas where JSCN participants exercise their treaty and Aboriginal rights (either in the past or currently). For the purposes of this study these rights include the treaty rights

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

contained within Treaty 6 and other Aboriginal rights such as hunting, trapping, fishing and gathering.

The Study Team prefers to use polygons in the context of project-specific TLUS. This is done for several reasons. In the experience of the Study Team, the use of polygons in TLUS mapping, as opposed to point mapping is preferred in the context of environmental impact assessments. Because of time and cost constraints, “establishing individual respondents’ extensivity for a large number of categories can be prohibitively expensive and time consuming” (Tobias 2009, 384). By nature, project-specific studies are done relatively quickly and inexpensively, as compared to multiple year comprehensive studies.

The Study Team’s experience is that the use of polygons is best suited to represent an Aboriginal Harvester’s life experiences related to land use and occupancy. Many Study participants have expressed the answer to the question, “where do you hunt?” as “Everywhere!” Polygons, although not exact, afford the individual Study participant a way to represent a lifetime of experience in a single, 2-hour interview format. Unless field verified, polygons also allow for the representation of movement over large territories utilized for harvesting. The use areas identified on the maps contained within this report should be considered approximate as field verification was not completed as part of this Study.

Additionally, project-specific TLU Studies do not attempt to identify an entire community’s harvest areas; only of those participants who participate in the study. As project-specific TLU studies are not afforded the time or resources to collect a broad cross-section of use across a community, polygons can be used to represent harvesting trends.

2.3.7 Map Digitization Mapping for this Project was conducted using ArcGIS 9, ArcMap Version 9.3 (ESRI 2009). In preparation for digitization, two digital shapefiles were created and associated attribute tables were developed specific for this Study. The files created included:

• A polyline file to document linear features (travel routes and migration routes etc.); and • A polygon file to document use areas.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

The polygon and polyline files contained an associated attribute table which was used to document information specific to each mapped site. The fields contained in each file were:

• Feature ID (generated by GIS software); • Shape (generated by GIS software); • ID (an arbitrary number assigned in order of site digitization); • Date_ (the interview date and project name); • Site_Number (the site number assigned on the original mark-up map); • Lead (Study Team); • Use_Type (past, current or future use type); • Species; • Season; • Info (a brief site description including location description); • Informant; • Activity (Type of Site); and • Label (a specific mapping label);

Mark-up maps taken during the interview and mapping notes were entered into the GIS database. The notes were transcribed in a sequential manner, and were supplemented by voice recording where necessary. Also, notes included the numbers assigned to sites on the maps next to the applicable site description. Mark-up maps were labelled and corresponded to the interview notes.

Areas and linear features were digitized into the above mentioned shapefiles using the Editor tools in ArcGIS and the digital versions of the base maps which were printed for mark-up maps. If an area or feature was further described in the interview notes, this was also incorporated into the maps. For example, if a shape was along a road and the participant indicated they hunted deer around the road, the polygon was adjusted to conform to the description. Additionally, if a participant indicated an activity at a location not originally represented on the mark-up maps, the boundaries were corrected to the actual location via the description in the text.

Once digitization of the mark-up maps was completed, the information was represented using the symbology available within ArcGIS 9, ArcMap Version 9.3 and was labelled using the Label field from the attribute table. Labels included:

• Bear Encounter (Past); • Berry Gathering (Current/Past)[including blueberry, wild strawberry, raspberry, saskatoon berry, low bush cranberry and high bush cranberry]; 27

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• Big Game Hunting (Current/Past)[including moose, elk and deer; • Burial(s); • Cabin (Current/Past); • Calving Area (Current); • Camping Area (Current/Past); • Elk Breeding Area (Current); • Elk Migration Route (Current); • Fishing (Current/Past)[including goldeye, jackfish, walleye, sturgeon, perch, rainbow trout and brook trout]; • Medicine Gathering (Current/Past)[including sweet grass, rat root and muskeg tea]; • Mineral Lick (Current); • Proposed Conservation Area; • Sacred Site; • Small Game Hunting (Current/Past)[including rabbits, chickens and squirrels]; • Timber Wolf Area (Current); • Trapping (Current/Past)[including beaver, mink, coyote, otter, marten, lynx, muskrat and squirrel]; • Travel Area (Current/Past); • Travel Route (Current/Past); • Unspecified Hunting (Current/Past)[includes areas where species were not specifically referred to in interview]; and • Water Travel Route (Current/Past).

2.3.8 Interview Summaries Following interview completion, summaries were created using hand-written notes taken during the interview and verified with voice recordings.

Information collected for the summaries was then grouped according to categories. For example, all of the information shared for blueberry picking was grouped under the “Gathering” category.

Special attention was paid by the Study Team to documentation of methodology, adherence to set Study criteria, and accuracy of interview summaries. Aboriginal land use collection and documentation warrants a level of “respect” that minimizes or prevents the probability that it will be dismissed or disregarded upon rigorous external examination (Tobias 2000).

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Information from these summaries was then incorporated into the related sections in the report. For the report, participants were blinded to allow for some confidentiality of information; each interview participant was assigned a number from 1 through 17 and appear in the text of the report as JCSN#. Numbers were assigned randomly and do not reflect the order of interviews.

2.3.9 Community Verification Process This report was verified by a review of the draft report and summaries by the JSCN staff and leadership. This was done to ensure the information contained within the report was accurate and respected any confidentiality concerns.

A community meeting was held on February 22, 2011 at the James Smith Cree Nation School. In addition to the concerns raised about the Project by the study participants (See Section 5 Project Concerns). Meeting attendees raised the following additional concerns:

• Composition of dust particles from overburden pile • Dust effects on wildlife and feed for horses and cattle • The cumulative effects of the Project with any future forest fires in the Fort à la Corne Forest

Other concerns that were raised at the meeting are already reflected in Section 5 of this report.

2.4 Limitations of this Study In addition to the broad limitations described for the use of Traditional Land Use studies generally in Section 1.2.1, several specific limitations apply to this Project.

Field visits for verification of desk top interview information were not conducted due to time and budget constraints.

Although 17 knowledgeable JSCN harvesters and knowledge holders were identified and interviewed for this Project, the information contained within cannot be assumed to be a complete record of the past, current and future resource use (including exercise of treaty and Aboriginal rights) by JSCN members. A limited interview format necessary for a project-specific study (e.g. two hour interview) does not adequately capture a participants’ full lifetime of knowledge. In order to accomplish this, a much larger study would need to be undertaken including more comprehensive interviews conducted, both in terms of number of interviewees, topics addressed, and area covered in the interview process.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

3 JAMES SMITH CREE NATION

3.1 Introduction

The James Smith Cree Nation is currently comprised of three separate and individual Nations, represented by three Chief and Councillors, including; James Smith Cree Nation; Chakastaypasin First Nation, and Peter Chapman First Nation. Historically, through a series of government measures, including the dissolution of the Chakastaypasin reserve south of Prince Albert in the 1880s, and the forced amalgamation of Peter Chapman First Nation in 1902, the three Nations have been considered under one political umbrella. Although each of present Nations are recognized to varying degrees by both provincial and federal governments as independent, the formal separation and re-establishment of each Nation as requested by the Nations has not occurred. The James Smith Cree Nation reserve (including both IR James Smith 100 and IR Cumberland 100A) is located on the Saskatchewan River, approximately 58 kilometres east of Prince Albert, Saskatchewan. The combined population of the James Smith Cree Nation is 3,032 (INAC 2010).

Community infrastructure and services includes public works program, fire protection, economic development corporation, daycare, youth cultural camp, and community health program.

The community is dependent on groundwater for its potable water. Its water system consists of five interconnected wells that and are pumped through a supply line to a reservoir capable of holding 636.44 kilolitres. Four separate cells, two with 204.57 kilolitres and two with 113.65 kilolitre capacities, constitute the reservoir. Water is chlorinated here and then pumped to 87 houses in the town site and trucked to households outside the town site (Pittman 2009).

3.1.1 Historical Record Both the historical written and archaeological record of the area around the James Smith reserve is considerable. At least one 8,000 year-old arrowhead made by some of the earliest people to occupy central Saskatchewan after the ice age has been excavated. Archaeologists have also located a prehistoric campsite on the James Smith reserve. The large amounts of fire-cracked rock found at this site led the archaeologists to conclude that it “was not a ‘normal’ camping place but a location in which sweat lodges and the accompanying ceremonial lodges were present.” (ICC 2007).

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

The Saskatchewan River historically was a major transportation route, provided drinking water, and critical habitat for fish, and other wildlife for the Cree people of the area. Specifically, the riparian areas of the Saskatchewan River valley provided critical winter habitat for elk, moose, deer, beaver, muskrat, and rabbit. As to why people settled in the area prior to signing treaty, JSCN Elder Isaac Daniels stated:

“There was a vast abundance of buffalo to the south of the river and to the north was a vast number, abundance of fur-bearing animals. And the river itself provided fish and drinking water, transportation ... why the Indian people settled in this area was because it catered to the way of life, of existence, like I said earlier, the animals and the water.” (ICC 2007)

After the mid–1700s and the arrival of non-Aboriginal people, various fur traders set up posts on or near the land that would eventually become the James Smith reserve. From 1794 to 1804, the North West Company traded from Fort St Louis on the Saskatchewan River just south of Pehonan Creek, and in 1850 the Hudson’s Bay Company (HBC) established the Fort à la Corne post downriver. It maintained the Fort at that location until 1886, when it was moved away from the river to a spot adjacent to where the James Smith reserve was surveyed (ICC 2007). The Fort à la Corne forest also became the site of an Anglican Church which was built on the north side of the Saskatchewan River; remnants of the church site exist today with its gravesite markings still visible (Ibid.).

3.1.2 Treaty 6 In August 1876, Lieutenant Governor Alexander Morris and several other Commissioners for the Federal Crown were tasked with initiating Treaty #6 in the Northwest Territories (what is now known as Saskatchewan and Alberta). Since his appointment as Lieutenant Governor in 1872, Morris had made repeated requests to the Government to make a treaty in this area, without success. The Government of Canada continued with the practice of only initiating treaty making when the situation with Aboriginal people in that area become problematic or when the territory was needed for settlement or other purposes (Taylor 1985). Finally, after years of requests by both Aboriginal people and other government officials, Morris, the other Commissioners and a full detail of nearly 100 Northwest Mounted Police met nearly 2,000 Cree people at Fort Carlton.

Both the main text of the treaty, as well as the map outlining the boundaries where the treaty would apply was brought out by Morris from Ottawa. However, very little instruction was provided to Morris for successfully concluding negotiations. As a

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

result, in order to successfully conclude negotiations, several additions (as handwritten notes in margins of the prepared text) were included in the final treaty. Both Crown and Aboriginal translators provided first hand written accounts of what happened during those talks. These accounts, in combination with the written text, provide a basis for interpretation of the promises within Treaty #6.

Figure 3-1: Treaty 6

The most relevant promise made in the context of Treaty 6 for this Report, relates to the continuation of traditional activities, including hunting and fishing outside of the reserve boundaries. Morris had "ascertained that the Indian mind was

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

oppressed with vague fears" regarding the prospect of the Crown curtailing harvesting activities within their traditional territory. As he understood the situation, they had been made to believe that they would have to live entirely on their reserves and abandon hunting (Taylor 1985). Morris assured the assembled Cree that this was not the case, and that traditional activities would continue on into the future.

“I want you to think of my words, I want to tell you that what we talk about is very important. What I trust and hope we will do is not for to-day and to-morrow only; what I will promise, and what I believe and hope you will take, is to last as long as that sun shines and yonder river flows...What I have offered does not take away your living, you will have it then as you have now, and what I offer now is put on top of it." (Morris in Taylor 1985)

There may have been the realization amongst the Cree that with the advancement of settlement, life as they knew it was going to change. However, it is believed by some that if it had been stated by the Commissioners that traditional activities would be severely curtailed, Treaty #6 would not have been successfully concluded (Opekokew in Taylor 1985).

Chief James Smith and Councillors Bernard Constant, Henry Smith, Ma-twa-ahs- tinoo-we-gin, and Jacob McLean signed Treaty 6 on August 28, 1876, on behalf of the “Fort à la Corne Indians.”

After the reserve was established in 1889, “the reserve was simply a home base, from which the James Smith band continued to travel about their customary manner. They continued to subsist mainly on hunting, fishing and plant gathering.” (Clavelle 1997, 40).

Participants interviewed for this study gave accounts of continuity of use of the Fort à la Corne forest by their parent’s and grandparent’s generations. Archaeological evidence also supports continued occupation of the forest (Clavelle 1997).

3.2 Fort à la Corne Provincial Forest The Fort à La Corne Forest, also known as Pehonan or “the waiting place” in the Cree dialect, is known for its abundant natural resources, and has been for hundreds of years. The size of the forest is 132,502 hectares (ha).

Both the James Smith reserve and the JSCN people themselves are closely identified with the Fort à la Corne area. JSCN historically were known as the “Fort- à-la-Corne Indians;” in an 1876 government memo, Indian Commissioner W.J. 33

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Christie described Chief James Smith’s preference for the location of his Nation’s reserve in the following manner:“After the signing of the Treaty and the distribution of presents, James Smith announced he wanted his reserve somewhere near Fort La Corne” (Four Arrows 1995).

The Fort à la Corne Forest is known as an ‘island forest’ within the province of Saskatchewan, “because they are islands of forests surrounded by agricultural lands, municipal developments, private lands and private forests” (Saskatchewan Ministry of Environment 2008, 58). Situated north of the banks of the North Saskatchewan River, the Fort à la Corne Forest was historically an important economic and cultural hub for Aboriginal people.

The Fort à la Corne island forest area was first established as a forest reserve by the federal government in 1913. With the passage of the Natural Resources Transfer Act in 1930, the forest came under provincial jurisdiction. In recent time, the management of the Fort à la Corne Forest has been the responsibility of the Saskatchewan Ministry of Environment.

In 1994, the Government of Saskatchewan, as represented at the time by the Ministry of Environment and Resource Management, entered into a “Resource and Environmental Management Partnership Agreement” with the James Smith First Nation.

In 1998, the Ministry of Environment initiated and integrated forest land use planning process for the FalC, pursuant to the Forest Resources Management Act and Regulations. In 1999, the Ministry released background information relating to their planning process. The document recognized that “with demands on forest resources increasing, sustainable resource management is becoming more important” (Saskatchewan Environment and Resource Management 1999, 1). The government report also recognizes that First Nations people, including James Smith Cree Nation “have traditionally used lands within the plan area” and that identification and protection of significant sites is “important to protect them from future land use activities” (Ibid, 18).

In 2005, the Ministry developed an initial draft version of the Fort à la Corne Provincial Forest Integrated Forest Land Use Plan. In this version the report states:

“The James Smith Cree Nation (JSCN) has identified Aboriginal sites as having traditional and cultural importance. They include burial sites, ceremonial grounds, sacred sites and traditional areas of harvest for medicinal and spiritual

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

plants. Sacred and Aboriginal sites identified during the planning process were all within the Protected Zone, and are protected from development. For further identification of these sites, consultation with James Smith Cree Nation is required” (SMOE 2005, 21).

Most recently, in 2008, a Draft Fort à la Corne Provincial Forest Integrated Forest Land Use Plan was released by Saskatchewan Ministry of Environment (SMOE). The Draft Plan identified protected (5.2%), sensitive (18.7%) and management (76.1%) zones within the forest. Each zone offers different levels of protection by defining uses that are allowed, allowed with conditions or not allowed (Saskatchewan Ministry of Environment 2008, 6). The Draft Plan, at the time of Report writing, has not been implemented by the government.

The need to balance competing interests through government coordination within the FalC Forest was the impetus for initiating the FalC planning process. Those competing interests, which include mineral extraction, environmental management and the “substantial interests”1 of First Nation governments, were identified by the Ministry as requiring “appropriate coordination.”(Ibid, 7) The extent to which those competing interests overlap in the FALC was highlighted by the statement, “at the time this plan was written, the entire planning area had been staked and under various mineral claims and leases.” (Ibid, 12)

The principles of the Draft Plan for maintaining the ecological integrity (health) of the area’s ecosystem by ensuring that:

• Renewable resource uses are sustainable, • Non-renewable resource uses are environmentally sound, • Biological diversity is maintained, • Negative effects from all uses are minimized.(Ibid, 11)

The Study area for this Report is comprised of all three types of zoning (Protected, Sensitive, and Management) according to the Draft Plan. The Draft Plan recommendations outline permitted and non-permitted activities for the area relative to this Report. Allowed activities include:

• Mine development and operations (provided EIS is completed)

1 As defined as “including but are not limited to the following: hunting, trapping, fishing and the gathering of special forest products for food and medicine.” Saskatchewan Ministry of Environment 2008, p. 12 35

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• Mineral exploration (provided approval of plan that addresses the expected impacts on other values within the associated area) • Exercise of treaty rights

Non-allowed activities include:

• Traditional Resource Use Cabin Development (Ibid, 15)

3.2.1 Government Policies and Resource Use Both federal and provincial government legislation and policy initiatives have influenced the location and frequency of resource use among JSCN members.

As early as 1894 fishing restrictions, in the form of fishing permits lead to the destruction of fishing nets of “John Smith and La Corne Indians” (Four Arrows 1995, 16).

Other government policies, including forcing James Smith members to strictly adhere to department directives, required a focus on farming pursuits only. James Smith members were forced by Indian Agents to follow strict directives, which included:

“As regards the general policy which should be pursued towards these bands, the energies of the Indians should be directed 1st and chiefly to the raising of cattle; 2nd to the growing of potatoes and root crops, and 3rd to securing plenty of hay and hauling the same home at the time of cutting...4th if desired by the Indians a little grain might be grown but the chief source from which to obtain their flour supply should be in the sale of cattle and not from the raising of grain...the carrying out of this policy as already said should be particularly enjoined upon the Farmer and you should satisfy yourself from time to time that it is not being departed from in the least.” (Assistant Commissioner Forget to the Indian Agent at Duck Lake, 1894 in Four Arrows 1995, 17).

JSCN study participants reported continued Government policies and initiatives that have limited JSCN exercise of treaty rights. JSCN1, JSCN3 and JSCN17 explained that Government actions have attempted to limit JSCN access into the Forest through road closure programs and burning down trapper’s cabins. SMOE explains that the intent of the road closure program which was initiated in 1984, was to “to restrict road vehicle traffic in areas normally inhabited by big game that have been subjected to increased hunting pressure” (SMOE 1999, 19).

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Interviewed JSCN members corroborated that roads used to use to access hunting and trapping areas have been closed down thus limiting vehicle access into certain areas (JSCN4). JSCN3 believes that these Government actions were in preparation for projects like the one proposed by Shore Gold, she said “in the long run they were just preparing for this.” JSCN14 also reported that he was recently fined for hunting a moose on farmland outside of the Forest, when he has observed that the game is moving out of the Forest and into the prairie.

Many participants also reported that JSCN used to have several cabins throughout the FalC Forest that were burnt down by Government of Saskatchewan Conservation Officers. According to JSCN17 and JSCN3, this occurred approximately 20 -25 years ago. JSCN15 explained that this made many JSCN members angry as the Government said that the cabins were burnt because people did not pay their fees; however, JSCN believed that they were able to hunt and trap in their territory without paying fees and permits. SMOE acknowledged that “many cabins have been built by James Smith hunters and trappers. At the time many of these cabins were unlicensed and have been removed with no compensation made for these losses” (SMOE 1999, 32).

Despite the various barriers to JSCN resource use, many participants continue to exercise their treaty and Aboriginal rights and describe this as a very important aspect of their life. JSCN2 said: “it’s [hunting] very important, like I said, it’s such a big part of my life.” JSCN1 also explained: “I don’t think it is something I will ever stop.” He lived off the land when he was a boy and said he will do this “’til the day I die.”

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4 ABORIGINAL KNOWLEDGE AND USE The following section outlines Aboriginal Knowledge and Use information shared by JSCN interview participants. Participants identified areas where certain species are harvested and at certain times of the year. The uses of plants and animals harvested by JSCN members include the following: subsistence, medicinal, cultural, ceremonial, socio-economic, etc. Participants also identified cultural sites, historic cabins and camps as well as travel routes that allow them to access harvesting locales in the Fort à la Corne Forest.

4.1 Hunting All of the Study participants (with the exception of one, who only picks berries) reported hunting within the Fort à la Corne Forest. JSCN12 said that the entire FalC Forest has been hunted by JSCN; he said that “We use it [the Forest] every year.” JSCN2 explained that he “Pretty well hunt the whole forestry2” and that he hunts for whatever crosses his path, “If it crosses in front of you, it’s free game.” Participants reported big game hunting for moose, elk and deer as well as small game hunting for animals such as squirrels, rabbits and chickens.

Numerous participants also reported that they share the meat they hunt with other family and community members, particularly with elders who cannot go out themselves anymore (JSCN10). JSCN14 said: “I mostly give mine away.” JSCN1 said the same: “I provide for a lot of people.” JSCN15 also explained that “Whatever I kill, I share it with my relatives, some with the elderly people.”

Study participants reported hunting in the Forest throughout the year; however many noted a preference for hunting in the fall. JSCN4 reported that he mainly hunts in the fall and typically gets enough meat to last throughout the winter. JSCN7 explained: “I hunt until all the freezers are full.” He noted that he hunts in the fall and the meat will usually last until February, then he will go out again. JSCN5 reported hunting year-round for food and said that he makes all of his own sausage, jerky, hamburger and steaks.

Many of the identified hunting locales overlap with the Project Area (see below). JSCN1 described the Project Area as an important use area because this is where he and his wife were taught about hunting and trapping by the elders when they were first married. Alvin still hunts in the Project Area every year. JSCN6 also

2 Interview participants commonly referred to the Fort a la Corne Forest as the “forestry”. 38

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

described the proposed Project Area as his main area for hunting, saying: “They are in our main area...where we always hunt.”

Hunting areas that intersect the Local Study Area are listed below and can be found in Figure 4.1:

• Division Road for big game (JSCN12, • North side of Saskatchewan River JSCN1, JSCN16, JSCN7, JSCN5, west of Melfort Ferry Road for big JSCN10) game (JSCN15) • Lars Road for big game (JSCN12, • South of Lars Road for big game JSCN1, JSCN16, JSCN7, JSCN10) (JSCN6) • Northwest of Lars Road for big game • North side of the Saskatchewan (JSCN10) River for big game (JSCN6, JSCN4, • Melfort Ferry Road for big game JSCN5, JSCN10) (JSCN12, JSCN7, JSCN14) • Between Bingo Hill and unnamed • Bingo Hill for big game (JSCN12, road leading into the Project Area for JSCN13, JSCN14) big game (JSCN4) • Along the Saskatchewan River for • Near English Creek for big game big game (JSCN12, JSCN6, JSCN4, (JSCN4, JSCN7) JSCN10, JSCN13, JSCN14) • Unnamed road leading into the • End of unnamed road leading into Project Area for big game (JSCN7, the Project Area for big game JSCN14) (JSCN1, JSCN4) • Between Lars Road and unnamed • Creek south of Bingo Hill for big road leading into the Project Area for game (JSCN1) big game (JSCN5) • End of Jail Camp Road for big game • South of Division Road to the (JSCN5) Saskatchewan River for big game • West of Jail Camp Road for big game (JSCN11) (JSCN1)

• Ravine southwest of Bingo Hill for big game (JSCN15) • Lars Road for small game (JSCN1, • Southeast of Bingo Hill for big game JSCN16) (JSCN15) • Melfort Ferry Road for small game • North side of Saskatchewan River (JSCN1) northeast of the reserve for big • Division Road for small game game (JSCN15, JSCN6) (JSCN16) • On either side of Bingo Hill for big • North of the reserve for small game game (JSCN15) (JSCN9)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• End of Jail Camp Road – unspecified • Division Road and unnamed road hunting (JSCN1) leading into the Project Area – • North of the reserve – unspecified unspecified hunting (JSCN6) hunting (JSCN1) • Lars Road – unspecified hunting • Ravine near Bingo Hill – unspecified (JSCN6, JSCN4, JSCN2) hunting (JSCN15) • East of Melfort Ferry Road – • Melfort Ferry Road - unspecified unspecified hunting (JSCN6) hunting (JSCN15, JSCN4, JSCN2, • Unnamed road leading into the JSCN10) Project Area – unspecified hunting • Along the Saskatchewan River – (JSCN4, JSCN2) unspecified hunting (JSCN15, JSCN2, • Bingo Hill – unspecified hunting JSCN5) (JSCN2) • Between Lars Road and the river – unspecified hunting (JSCN14)

Hunting areas within the Regional Study Area are listed below and can be found in Figure 4.1:

• Division Road for big game (JSCN12, • South of the river in the eastern JSCN1, JSCN16, JSCN2 JSCN7, portion of the Forest for big game JSCN5, JSCN10) (JSCN1) • Lars Road for big game (JSCN12, • East of Campbell Lake for big game JSCN1, JSCN16, JSCN7, JSCN10, (JSCN1) JSCN6) • North of torch trail along • Melfort Ferry Road for big game “settlement” for big game (JSCN1, (JSCN12, JSCN10) JSCN13) • Along the Saskatchewan River for • From Shipman Trail north to the big game (JSCN12, JSCN6, JSCN4, railroad tracks for big game (JSCN1) JSCN10, JSCN14) • From Smeaton south to the Forest • End of Jail Camp Road for big game border for big game (JSCN1) (JSCN1, JSCN15) • Twin Lakes area for big game • North side of Saskatchewan River (JSCN1, JSCN2, JSCN10) northeast of the reserve for big • North part of Torch Trail for big game (JSCN15, JSCN6) game (JSCN1, JSCN15, JSCN10) • Near English Creek for big game • Inland Road for big game (JSCN1, (JSCN4, JSCN7) JSCN2, JSCN12)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• South of Wapiti Road for big game • East of the reserve for big game (JSCN1, JSCN15, JSCN6, JSCN4, (JSCN15) JSCN10) • Jail Camp Road for big game • East of Gertrude Lake for big game (JSCN15) (JSCN1) • Creek off Chamberlain Road for big • South edge of the Forest near the game (JSCN15) “settlement” for big game (JSCN1) • “Where the Horse Died” for big • North end of Reserve for big game game (JSCN6, JSCN7, JSCN10, (JSCN3, JSCN15, JSCN6, JSCN5, JSCN12) JSCN14) • Poplar Creek where it crosses • Between the forks of the river and Highway 6 for big game (JSCN6, Lars Road for big game (JSCN15) • The Pines for big game (JSCN16, • Forks of the Saskatchewan River for JSCN11) big game (JSCN15, JSCN13) • Wapiti Road for big game (JSCN16, • East of the river forks for big game JSCN2, JSCN7, JSCN9, JSCN12) (JSCN15, JSCN14) • West end of Division Road for big • South of the river, east of the game (JSCN2) reserve for big game (JSCN15) • Torch Trail for big game (JSCN2, • South of the river, south of Jail JSCN10, JSCN12) Camp Road for big game (JSCN15) • Around Highway 6 bridge for big • Southern portion of the Forest for game (JSCN7, JSCN5, JSCN9, big game (JSCN15, JSCN7, JSCN5, JSCN10, JSCN12) JSCN9, JSCN11, JSCN12, JSCN13, • West of the Forest, south of the river JSCN14) forks for big game (JSCN7 • North of the river, east of Highway 6 • All of the roads in the Forest for big for big game (JSCN15, JSCN6, game (JSCN7, JSCN14) JSCN7, JSCN10) • On the reserve south of the river for • North of Wapiti Road for big game big game (JSCN5) (JSCN15, JSCN4, JSCN10, JSCN11, • End of Chamberlain and Jail Camp JSCN12) Roads for big game (JSCN5) • Intersection of Jail Camp Road and • Southwest portion of the Forest Division Road for big game (JSCN15) south of the river for big game • Road leading to Choiceland for big (JSCN9) game (JSCN15) • Chamberlain Road for big game • Intersection of Highway 6 and (JSCN10) Division Road for big game (JSCN15) • West of Inland Road for big game • Road leading north of TWP Road 484 (JSCN10) for big game (JSCN15)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• Around Jail Camp and Chamberlain • Between Lars Road and the river – Roads for big game (JSCN10) unspecified hunting (JSCN14) • Shipman Trail for big game (JSCN10, • Where Division Road meets Lars JSCN12) Road – unspecified hunting (JSCN1) • North edge of Forest between • South of the Saskatchewan River, Shipman Trail and Inland Road for northeast corner of the reserve - big game (JSCN14) unspecified (JSCN1, JSCN9) • Lars Road for small game (JSCN1, • “Where the Horse Died” – JSCN16) unspecified hunting (JSCN1, JSCN2) • Division Road for small game • South of river, near Melfort Ferry (JSCN16) Road – unspecified hunting (JSCN1, • North of the reserve for small game JSCN15) (JSCN9) • Southwest border of the Forest – • Inland Road for small game (JSCN1) unspecified hunting (JSCN1) • Wapiti Road for small game (JSCN1, • South of TWP 484 – unspecified JSCN16) hunting (JSCN15) • East of Highway 6 north of the river • North of Lars Road – unspecified for small game (JSCN4) hunting (JSCN6) • The Pines for small game (JSCN16) • Chamberlain Road – unspecified • Southern portion of the Forest for hunting (JSCN6, JSCN4, JSCN2) small game (JSCN13, JSCN14) • Jail Camp Road – unspecified (JSCN6, JSCN4, JSCN2) • End of Jail Camp Road – unspecified • East of Highway 6, north of the river hunting (JSCN1) – unspecified (JSCN6, JSCN2) • North of the reserve, north of the • East of the river forks – unspecified river – unspecified hunting (JSCN1, (JSCN6) JSCN9, JSCN10) • Inland Road – unspecified hunting • Along the Saskatchewan River – (JSCN4) unspecified hunting (JSCN15, JSCN2, • South of Twin Lakes, north of JSCN5, JSCN3) Saskatchewan River – unspecified • Division Road– unspecified hunting hunting (JSCN4) (JSCN6) • Shipman Trail – unspecified (JSCN4, • Lars Road – unspecified hunting JSCN2) (JSCN6, JSCN4, JSCN2) • Southern portion of the Forest – • East of Melfort Ferry Road, north of unspecified (JSCN4, JSCN2, JSCN10) the river – unspecified hunting • Intersection of Highway 6 and (JSCN6) Division Road - unspecified (JSCN4, JSCN10)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• South of Wapiti Road – unspecified • Twin Lakes area – unspecified (JSCN4) (JSCN10) • Gravel pit west of Highway 6 – • East Division Road – unspecified unspecified (JSCN4) (JSCN10) • Between Inland Road and Torch Trail – unspecified (JSCN9)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.2 Trapping Study participants reported trapping in the Fort à la Corne Forest for small furbearers including: beaver, coyote, squirrel, otter, marten, muskrat, lynx, mink, and rabbit.

Several participants (JSCN1, JSCN6, JSCN7, JSCN5, JSCN11, JSCN14) said that they used to trap more frequently, but have not been trapping as much lately because the price of furs is low.

Study participants also noted that many JSCN members have trapping areas outside of the Forest at Hudson Bay. JSCN12 explained that Hudson Bay is about 200 miles away from their community, but this is where many of the trappers have to go now because there is not much trapping in the Forest anymore. JSCN members do have provincially registered traplines in the Forest, including within the Project Area; however none of these trappers were interviewed for this study.

Trapping areas within the Local Study Area are listed below and can be found in Figure 4.2:

• South of Division Road on unnamed • South of Division Road between road leading into the Project Area Melfort Ferry Road and Jail Camp for beaver, coyote and squirrel Road for beaver (JSCN1) (JSCN1) • South of Lars Road for beaver, • Lars Road for beaver, coyote and coyote and squirrel (JSCN1) squirrel (JSCN1)

Trapping areas identified with the Regional Study Area are listed below and can be found in Figure 4-2:

• East of Melfort ferry Road, south of • Highway 6 bridge area for beaver the Saskatchewan River for beaver and muskrat (JSCN12) (JSCN1) • End of Lars Road for beaver, squirrel • Twin Lakes Area for beaver, otter and otter (JSCN6) and marten (JSCN3) • Intersection of Inland Road and • South of TWP 484 on south edge of Division road for beaver, muskrat the Forest – unspecified (JSCN15) and squirrel (JSCN4) • Highway 6 bridge area for beaver • Between Division Road and the (JSCN15) Saskatchewan River for beaver, otter and muskrat (JSCN7)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• East part of the reserve for beaver • East portion of the Forest – (JSCN5) unspecified (JSCN14) • Creek west of “Where the Horse • North of Wapiti Road for beaver, Died” for beaver and muskrat mink and coyote (JSCN13) (JSCN5) • Wetland off Poplar Creek for beaver • East portion of the Forest for beaver, and otter (JSCN14) lynx and mink (JSCN11)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.3 Fishing Many JSCN Study participants reported fishing in the Saskatchewan River for walleye or pickerel, jackfish and goldeye. While some interviewees said they eat the fish from the river, most said they no longer eat the fish as they have been warned about health risks related to consuming them because of high levels of mercury or other contaminants (JSCN17, JSCN6, JSCN7, JSCN5, JSCN12, JSCN14). Some participants continue to fish from the river even if they do not eat the fish. Although he will not eat the fish anymore, JSCN5 recalled how when he was a child, his mom would make a sack of dough for the kids and they would go out in the bush and catch fish, filet them and wrap them in the dough and cook them in the fire, this would be their food for the day.

Fishing areas with the Local Study Area are listed below and found in Figure 4.3:

• On the Saskatchewan River for walleye/pickerel, jackfish, and goldeye (JSCN15, JSCN5, JSCN2, JSCN4)

Fishing areas in the Regional Study Area are listed below and found in Figure 4.3:

• At the Highway 6 bridge on the • Along the Saskatchewan River for Saskatchewan River for walleye/pickerel, jackfish, and walleye/pickerel, jackfish, and goldeye (JSCN15, JSCN2, JSCN4) goldeye (JSCN14, JSCN5, JSCN2, • At Wapiti Campground – unspecified JSCN7, JSCN10, JSCN9 (JSCN2) • On the reserve on the Saskatchewan • English Creek – unspecified (JSCN2) River for walleye/pickerel, jackfish, • English Creek for rainbow trout and and goldeye (JSCN13, JSCN17, perch (JSCN1) JSCN11, JSCN5, JSCN10, JSCN9, • Northeast the reserve on the JSCN6, JSCN4) Saskatchewan River for • Creeks near Chamberlain Road for walleye/pickerel, and jackfish brook trout (JSCN14, JSCN3) (JSCN1) • In Poplar Creek – unspecified • End of Lars Road on the (JSCN14) Saskatchewan River for walleye and jackfish (JSCN9)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.4 Gathering Participants reported gathering locales throughout the Fort à la Corne Forest. JSCN10 said: “No matter where you go in this forestry, you will see berry pickers.” Members pick medicines and berries including blueberries, low bush cranberries, high bush cranberries, raspberries, saskatoons and strawberries. JSCN8 explained that a lot of people from JSCN pick berries in the Forest; she said that they all have their favourite spots and she has her own. Lena makes jam, pie filling and freezes the berries.

JSCN3 said that berries are seasonal; first you get raspberries, then blueberries and then cranberries. JSCN8 and JSCN3 noted that cranberries can be picked throughout the winter; they are frozen but are still good.

JSCN8 explained that blueberries can be found in sunny places, cranberries in moist locations, saskatoons are out in the open, raspberries in the brush and high bush cranberries in the bush.

In addition to berry gathering in the Forest, participants also reported that JSCN members collect medicines such as rat root and sweet grass.

Gathering areas in the Local Study Area are listed below and found in Figure 4.4:

• Along Lars Road for berries (JSCN17, • North side of Saskatchewan River JSCN16, JSCN4) near the Melfort Ferry Road for • Bingo Hill for berries (JSCN3, JSCN15 berries (JSCN8, JSCN1) • Division Road for berries (JSCN3, • North of the reserve, north of the JSCN17, JSCN16, JSCN11, JSCN1) river for berries (JSCN11) • The ravine or “Cream Can” near • South of Lars Road for berries Bingo Hill for berries (JSCN15, (JSCN5) JSCN16) • North portion of Melfort Ferry Road for berries (JSCN1)

Gathering areas within the Regional Study Area are listed below and found in Figure 4.4:

• South of the Saskatchewan River on • South of Wapiti Road for berries the reserve for berries (JSCN12) (JSCN9) • North of Wapiti Road for berries (JSCN12)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• North of the Saskatchewan River • Near “Where the Horse Died” for north of the reserve for berries berries (JSCN15, JSCN8, JSCN5, (JSCN13, JSCN11) JSCN6) • Southeast portion of the Forest for • South portion of Melfort Ferry Road berries (JSCN13, JSCN14, JSCN3, for berries (JSCN15) JSCN2) • South of TWP 484 for berries • Lars Road for berries (JSCN17, (JSCN15) JSCN16, JSCN4) • North of TWP 484 for berries • Wapiti Road for berries (JSCN3, (JSCN16, JSCN1) JSCN17, JSCN15, JSCN16, JSCN11) • Northwest of the reserve, south of • Twin Lakes area for berries (JSCN3, the Saskatchewan River for berries • Near English Creek for berries (JSCN15, JSCN8, JSCN10) (JSCN3, JSCN1) • Along Highway 6 for berries (JSCN8) • South of the river near Melfort Ferry • At the Highway 6 bridge for berries Road and “Where the Horse Died” (JSCN8) for berries (JSCN3, JSCN17, JSCN9) • Along the road to Gronlid for berries • Along the powerline in the southeast (JSCN8) portion of the Forest for berries • North end of the reserve for berries (JSCN17, JSCN16, JSCN8) (JSCN5) • Division Road for berries (JSCN3, • At the end of Lars Road for berries JSCN17, JSCN16, JSCN11, JSCN1) (JSCN6) • East of Highway 6 for berries • Between Torch Trail and Inland (JSCN16) Road for berries (JSCN9) • Chamberlain Road for berries • Roads in the eastern portion of the (JSCN16, Forest for berries (JSCN4) • Torch Trail for berries (JSCN16) • Western portion of the Forest for • Inland Road for berries (JSCN16, berries (JSCN4) JSCN1) • Near the Highway 6 bridge for • Near “the Pines” in the south portion medicine (JSCN17, JSCN15, JSCN11) of the Forest for berries (JSCN16, • East of Highway 6 for medicine JSCN8, JSCN9) (JSCN16) • East edge of the reserve for berries • South of Wapiti Road for medicine (JSCN15) (JSCN16)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.5 Travel Routes JSCN members travel throughout the Forest to access hunting, trapping, fishing, gather and other traditional use locales. For example, JSCN7 said that he has travelled and hunted on every road in the Forest. Another common travel route reported during the interviews was along the Saskatchewan River by boat and occasionally by skidoo in the winter.

Travel routes within the Local Study Area can be found in Figure 4.5 and are listed below:

• Along the Saskatchewan River • From Lars Road to the reserve (JSCN12, JSCN13, JSCN14, JSCN15, (JSCN13) JSCN11, JSCN5, JSCN2, JSCN7, • From Jail Camp Road to Lars Road JSCN10, JSCN1, JSCN4) through the Project Area (JSCN1) • Along Lars Road (JSCN13)

Travel routes within the Regional Study Area can be found in Figure 4.5 and are listed below:

• Along the Saskatchewan River • Trail south of the Saskatchewan (JSCN12, JSCN13, JSCN14, JSCN15, River (JSCN15) JSCN11, JSCN5, JSCN2, JSCN7, • Trail north of Wapiti Road (JSCN15) JSCN10, JSCN1, JSCN4, JSCN9, • South of Wapiti Road (JSCN6) JSCN3) • East of Highway 6 (JSCN6, JSCN15, • Along Lars Road (JSCN13) JSCN12) • From Lars Road to the reserve • From Jail Camp Road to Lars Road (JSCN13, JSCN6) through the Project Area (JSCN1)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.6 Cabins, Camps and Sacred Sites Study participants reported the former and current locations of several cabins. Many participants reported that JSCN used to have several cabins throughout the FalC Forest that were burnt down by Government of Saskatchewan Conservation Officers. According to JSCN17 and JSCN3, this occurred approximately 20 -25 years ago. JSCN15 explained that this made many JSCN members angry as the Government said that the cabins were burnt because people did not pay their fees; however, JSCN believed that they were able to hunt and trap in their territory without paying fees and permits. There are a few cabins that are still standing and being used, one is located on the north side of the reserve and is used by “everybody” and accessed via Lars Road (JSCN4).

Camps were also reported at locales in the Forest, oftentimes associated with the location of a cabin or former cabin.

Participants also indentified sacred sites or burial sites. An old church with associated burials north of the reserve on the north side of the Saskatchewan River was reported by many participants. JSCN12 said that seven people are buried at this location: the preacher and his wife and another man and his wife and three children.

JSCN15 explained that Bingo Hill (located within the Project Area) is a sacred site for JSCN as it has been used for ceremonies and is the highest peak in the area and JSCN members used to always travel through Bingo Hill.

Cabins and Camps and sacred Sites located within the Local Study Area are listed below and are shown in Figure 4.6.

• Burial north of the river, northeast of • Camp north of the river near Melfort the reserve (JSCN3) Ferry Road (JSCN10) • Burials north of the river at the end • Camp off Lars Road (JSCN4) of the Melfort Ferry Road (JSCN2) • Camp north of the river, north of the • Cabin off Lars Road (JSCN16, reserve (JSCN4) JSCN2) • Sacred site north of the river, • Camp along the Saskatchewan River northeast of the reserve (JSCN3) (JSCN12, JSCN7) JSCN7) • Camp at Bingo Hill (JSCN14, JSCN15, • Sacred site at Bingo Hill (JSCN15) JSCN3, JSCN17)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Cabins, Camps and Sacred Sites in the Regional Study Area are listed below and appear in Figure 4.6.

• Burial north of the river, northeast of • Cabin at the south end of Melfort the reserve (JSCN12, JSCN3, JSCN5, Ferry Road (JSCN10) JSCN1, JSCN6) • Cabin north of the river, north of the • Cabin at intersection of Division reserve (JSCN1) Road and Highway 6 (JSCN12) • Cabin north of TWP 484 (JSCN1) • Cabin near the Highway 6 bridge • Cabin north of Wapiti Road (JSCN6) (JSCN12, JSCN6) • Camp along the Saskatchewan River • Cabin at the end of Lars Road (JSCN12, JSCN7) (JSCN14, JSCN17, JSCN1, JSCN6, • Camp north of the river on the JSCN4) reserve (JSCN3) • Cabin at intersection of Wapiti Road • Camp south of the intersection of and Highway 6 (JSCN14, JSCN15, Division Road and Torch Trail JSCN16, JSCN2, JSCN9, JSCN4) (JSCN15) • Cabin north of Division Road • Camp south of the river on Melfort between Highway 6 and Torch Trail Ferry Road (JSCN15) (JSCN14) • Camp at Wapiti Campground • Cabin at intersection of Division (JSCN5) Road and Wapiti Road (JSCN14) • Camp northeast of the river forks • Cabin at north end of Melfort Ferry (JSCN7) Road (JSCN3) • Camp at intersection of Division • Cabin in the southeast portion of the Road and Lars Road (JSCN1) Forest (JSCN15, JSCN10) • Camp south of Wapiti Road (JSCN9) • Cabin at English Creek and Division • Camp between Torch Trail and Road (JSCN11, JSCN2, JSCN6, Inland Road (JSCN9) JSCN4) • Sacred site north of the river on the • Cabin south of East Division Road reserve (JSCN6) (JSCN11, JSCN4) • Sacred site south of English Creek • Cabin north of the river on the north of Division Road (JSCN4) reserve (JSCN7, JSCN1, JSCN6) • Sacred site north of the river • Cabin north of the river forks northeast of the reserve (JSCN3, (JSCN7) JSCN7)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

4.7 Other Traditional Environmental Knowledge JSCN study participants reported animal migrations routes, mineral licks, breeding grounds as well as the activities of animals that are not typically harvested for subsistence purposes. Any locales associated with this traditional environmental knowledge is listed below and found in Figure 4.7.

JSCN5 reported that he keeps a log or record of the animal movements in the area including elk, deer and wolves. He explained that there is a pattern to the movement of animals; for example, the wolves come across a specific area about once per week as that is about how long it takes for them to travel through their hunting range.

Both JSCN5 and JSCN6 told stories about hunting bear; they explained that they do not regularly hunt bears and will only kill them in self-defence. Larry and Dave recalled separate occasions where they had to kill a bear and said that when skinned bears resemble humans. Dave said this has given him a respect for bears.

Additionally, JSCN7 and JSCN2 said the Fort à la Corne Forest should be designated as an area where they and future generations can continue to exercise their treaty rights.

Locations reported by participants within the Local Study Area are listed below and appear in Figure 4.7.

• Elk migration route across the • Proposed conservation area at Bingo Saskatchewan River (JSCN6) Hill (JSCN4) • Elk migration route from Highway 6 • Bear encounter at Lars Road bridge through the Project Area past (JSCN6) Lars Road (JSCN4) • Timber wolf area north of the river • Proposed conservation area for the northeast of the reserve (JSCN6) entire Forest (JSCN2, JSCN7)

Locations reported by participants within the Regional Study Area are listed below and appear in Figure 4.7.

• Elk migration route across the • Elk migration route south of Wapiti Saskatchewan River (JSCN6) Road (JSCN6) • Elk migration route from Highway 6 • Elk breeding area between bridge through the Project Area past Chamberlain Road and Jail Camp Lars Road (JSCN4) Road (JSCN4) 58

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

• Elk calving area south of the river • Mineral lick south of Wapiti Road northwest of the reserve (JSCN7) (JSCN7, JSCN6) • Proposed conservation area for the • Mineral lick north of the river, east of entire Forest (JSCN2, JSCN7) the forks (JSCN14)

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

5 PROJECT CONCERNS JSCN members have used and continue to use the Fort à la Corne Forest to exercise their treaty and Aboriginal rights. Many study participants view activities in the Forest as a breach of their rights. JSCN4 said “We have hunted here for longer than they’ve been here.” JSCN6 expressed the same sentiment. “Already they are putting up signs – no hunting...I was here first!”

JSCN2 fears that the proponent and government will use the greater public interest and economics to approve the project; he believes that economics always wins over First Nations rights. He noted “We’re going to be losing our livelihood...they’re taking away our hunting.” JSCN12 noted that JSCN members are getting pushed out of the Forest and keep having to go further to hunt.

5.1 Access Many study participants are concerned about access. JSCN1, JSCN3 and JSCN17 explained that Government actions have attempted to limit JSCN access into the Forest through road closure programs and burning down trapper’s cabins. Roads that JSCN members used to use to access hunting and trapping areas have been closed down thus limiting vehicle access into certain areas (JSCN4). JSCN3 believes that these Government actions were in preparation for projects like the one proposed by Shore Gold, she said “in the long run they were just preparing for this.”

JSCN2, Calvin and JSCN16 have already experienced blocked access into the Project Area since exploration activities began. JSCN3 reported that there is now a security check point on Division Road where you have to check in and report who you are and where you are going.

JSCN2 said that “This [Project Area] is our main general area that we went.” JSCN1 expressed the same concerns that the Project will be located in a prime hunting area. He said, “…the concerns I have…to me that is still a prime area for hunting…I’ve learnt to hunt there my entire life.” He noted that the Project Area is the primary area the elders taught them about. He explained that every year he drives to Lars Road and drops his skidoo off and goes hunting; the Project will block the access he uses every fall and winter. JSCN4 and JSCN14 noted that the overburden pile will block off Lars Road. JSCN4 said he uses this road to access a cabin. JSCN6 said that he has already been unable to access the Project Area since Shore Gold began operating in the Forest: “...these guys with their mining, they’ve

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

already pushed us off one major part of our hunting area...” Further, he noted “they are in our main area...where we always hunt.”

5.2 Wildlife Movement Another common concern raised by the study participants was the adverse impact on wildlife. Calvin and JSCN16 have already noticed that game is moving away from the area and fear that once the Project starts this will be exacerbated, especially with daily blasting. JSCN4 said that he has noticed that big game no longer travel through the Project Area since exploration activities began. Numerous participants reported that they now see game, especially moose, south of the Forest in the reserve or the surrounding agricultural land; they all noted that this is unusual and has been occurring since the exploration work on the proposed Project (JSCN4, JSCN15, JSCN16, JSCN2, JSCN10, JSCN11, JSCN12).

JSCN2 is worried the Project will chase away the wildlife: “They are going to chase everything out of here.” JSCN14 also stated that “All the animals are gonna be gone.”

5.3 Noise/Vibration JSCN2 is concerned about the blasting, he said: “Are we going to be feeling it?” JSCN9 also brought up concerns about the adverse effects from blasting, he explained that his wife is from a Nation located near a firing range and they can feel the vibrations, he is worried this will occur on the JSCN reserve and that the noise and vibrations will also cause the animals to move away.

JSCN10 is concerned about noise levels; he has noticed that elk are not calling anymore and he believes that noise is scaring them away. JSCN11 also believes that the noise from the project will scare the animals: “the game will probably go somewhere else.” JSCN14 thinks that the blasting will exacerbate the movement of animals out of the Forest: “it’s going to be even worse once they start blasting.”

5.4 Traffic Both Calvin and JSCN16 have observed changes in the Forest. Calvin has noticed that game is moving out of the Forest; he believes this is because of increased traffic. He can normally get three elk in a hunting season; however, it is becoming more difficult recently. He said, “This year and last year, never got any elk and only heard a few elk calling…this is not normal!” He tries to hunt in the Forest when he can, but is finding that he is limited because of safety reasons. Delma has observed similar problems with berry picking areas. She said she does not find as much and

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

there is more traffic and less access into areas. In reference to the proposed Project area, she said that since exploration work began, “…we are not allowed to go in that area.”

JSCN4 said that there has been increased traffic in the Forest. He said “Back in the day…you would be lucky if you went from one end [of the Forest] to the other and you met somebody.” Today, he explained there is more traffic and he is concerned that the proposed Project will add to this. JSCN2 also reported an increase in traffic and people in the Forest; he said there was a time when you would not see anyone for two days, now you see someone every twenty minutes.

JSCN9 is concerned that additional traffic in the Forest will affect their ability to hunt.

5.5 Water JSCN15 and JSCN2 are concerned about effects on the ground water. Calvin explained that the reserve uses well water and is concerned that their water source will be adversely impacted; all the houses on reserve are supplied from the pump house and wells in the pasture at the north end of the reserve. In previous dry years, they have had the wells go dry. Earl is concerned that lakes in the area will go dry.

Calvin is also concerned about the adverse impacts of saline water discharge into the Saskatchewan River and any effects to fish.

5.6 Dust JSCN15 raised a concern about dust from the overburden pile; he explained that the wind always comes from the northwest. He is concerned that the dust will blow from the overburden pile to the reserve.

5.7 Sacred Sites JSCN15 reported that Bingo Hill is a sacred site for JSCN and is located in the Project Area. JSCN4 reported that the project has already blocked access into this area: “We can’t even go to Bingo Hill anymore.” He also explained that Bingo Hill is an important site for JSCN members. JSCN11 also questioned if Bingo Hill would be gone if the project is approved.

5.8 Reclamation JSCN15 is concerned about the reclamation process. He questioned if there will be a lake where the mine was and will it be contaminated. He also questioned what

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

guarantee there is that reclamation will happen. He noted that the Forest can take a long time to come back; for example there was a forest fire in the area and it took years to come back, only recently have the animals and plants begun to flourish.

JSCN2 also has many questions about reclamation; he noted that he does not want the pits to end up as lakes with cabins or a ski hill with cabins. He explained that he wants the Forest to be there for everyone, not just the people who can afford it. JSCN7 would like to see the Forest returned as close to its original state as possible so that people can hunt there.

5.9 Consultation Process JSCN1 is concerned about the consultation process with James Smith Cree Nation. He explained that JSCN is the closest community to the Project and the most likely to be adversely impacted by the Project. He feels as though he does not know what is going on with the mine development. Alvin would like to have an Open House with Shore Gold so they can answer questions from JSCN membership. Alvin said that JSCN should have been involved from the start, noting that he is bothered that Shore Gold has done all this work to date without approval and involvement from the people who live next door. He explained that the elders that have passed away would have been upset to see what is going on because they thought they had a say in what happens in the Forest.

5.10 Lack of Benefits JSCN15 said that this size of the Project is very large, especially considering all the infrastructure that will happen along with it such as roads, rail line, and transmission line. He said that this size of project will adversely impact JSCN in the long term, it will affect their grandchildren. He explained that the Nation needs to see benefits from the Project if it is approved and JSCN cannot be excluded from the process.

JSCN12 feels that more youth from JSCN should be employed by the Project.

JSCN7 noted that he does not believe the project can be stopped, but that JSCN needs to see a benefit from it because “traditionally that is our territory.”

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

6 REFERENCES Alberta, Government of. Best Practices Handbook for Traditional Use Studies: Ministry of Aboriginal Affairs and Northern Development, Government of Alberta, 2003

Berkes, Fikret. “Traditional Ecological Knowledge in Perspective” in (ed) Julian T. Inglis, Traditional Ecological Knowledge – Concepts and Cases. International Program on Traditional Ecological Knowledge, Canadian Museum of Nature, Ontario, 1993.

Canadian Environmental Assessment Agency. Comprehensive Study Scoping Document Pursuant to Subsection 21(1) of the Canadian Environmental Assessment Act For the Proposed Star-Orion South Diamond Project. Prepared by Canadian Environmental Agency, Fisheries and Oceans Canada, Natural Resources Canada, Transport Canada. November 26, 2010.

Clavelle, Christina Marie. Ethnobotany of Two Cree Communities in the Southern Boreal Forest of Saskatchewan. MA Thesis, University of Saskatchewan, Department of Anthropology and Archaeology. Saskatchewan, June 1997.

Four Arrows. James Smith Cree Nation Treaty Band No. 100 General History. Preliminary History Report, ICC Exhibit no.11, 1995.

Garvin, Terry and Northern Forestry Centre Staff. A Guide to Conducting Traditional Knowledge and Land Use Study. Northern Forestry Centre, 2001.

Indian Claims Commission. James Smith Cree Nation Treaty Land Entitlement Inquiry. February 2007.

Indian and Northern Affairs Canada. First Nations Profiles: James Smith Cree Nation. http://pse5-esd5.ainc-inac.gc.ca/fnp/Main/Index.aspx?lang=eng, 2010.

Larcombe, Pat. Determining Significance of Environmental Effects: An Aboriginal Perspective. Winds and Voices Environmental Services Inc. For the Research and Development Monograph Services, http://www.ceaa-acee.gc.ca, 2000.

Pittman, Jeremy Baron. The Vulnerability of the James Smith and Shoal Lake First Nations to Climate Change and Variability. MSc Thesis, University of Regina Department of Geography. Saskatchewan, July 2009.

James Smith Cree Nation Shore Gold Star- Calliou Group Project-Specific Traditional Land Use Study Orion South Diamond Project March 11, 2011 ______

Roberts, John and Pamela Williamson. First Nations People, Second Edition. Toronto: Emond Montgomery Publications, 2004.

Robinson, Michael, Terry Garvin and Gordon Hodgson. Mapping How We Use Our Land. Calgary: Arctic Institute of North America, 1994.

Roth, Robin. Two-Dimensional Maps in Multi-dimensional Worlds: A case of community-based mapping in Northern Thailand. Department of Geography, York University, 4700 Keele Street, Toronto, Ont., Canada, 2006.

Saskatchewan Ministry of the Environment. DRAFT Fort a la Corne Provincial Forest Integrated Forest Land Use Plan. October 2005.

Saskatchewan Ministry of the Environment. DRAFT Fort a la Corne Provincial Forest Integrated Forest Land Use Plan. March 2008.

Saskatchewan Ministry of the Environment. Final Project-Specific Guidelines for the Preparation of an Environmental Impact Statement, Star-Orion South Diamond Project. November 2009.

Saskatchewan Ministry of Environment and Resource Management. Fort a La Corne Integrated Forest Land Use Plan. October 1999.

Shore Gold Inc. The Star-Orion South Diamond Project Environmental Impact Statement. Prepared by Shore Gold Inc, and AMEC Earth and Environmental. December 22, 2010.

Taylor, John Leonard. Treaty Research Report – Treaty Six (1876). Treaties and Historical Research Centre, Indian and Northern Affairs Canada, 1985.

Tobias, Terry. Chief Kerry’s Moose: A Guidebook to Land Use and Occupancy Mapping. Joint Publication, Union of BC Indian Chiefs and Eco Trust, 2000.

Tobias, Terry. Living Proof: The Essential Data-Collection Guide for Indigenous Use-and-Occupancy Map Surveys. Ecotrust Canada and Union of BC Indian Chiefs, Vancouver, BC, 2009.

Valaskakis, Gail Guthrie. Indian Country: Essays on Contemporary Native Culture. Wilfred Laurier University Press, 2005.

Appendix 1: Interview Protocol James Smith Cree Nation

Shore Gold Star‐Orion South – Supplemental TLU Interview Protocol

Introduction:

• Provide interview consent form; • Explain purpose and methods of study; • Provide honoraria; and • Provide summarized project description, show maps of project plans.

Hunting

• What animals are hunted in the study area (in the past and currently); • Where are these animals hunted (i.e. suitable habitat, general/specific areas); and • What time of year (spring, summer, fall, winter or year round).

Trapping

• What animals are trapped in the study area (in the past and currently); • Where are these animals trapped (i.e. suitable habitat, general/specific areas); and • What time of year (spring, summer, fall, winter or year round).

Fishing

• What fish are caught in the study area (in the past and currently); • Where do they fish (i.e. specific rivers, lakes, ponds); and • What time of year (spring, summer, fall, winter or year round).

Gathering

• What plants, medicinal and/or edible, are gathered in the study area (in the past and currently); • Where do you gather (i.e. suitable places, general/specific areas); • What time of year (spring, summer, fall, winter or year round); and • Any medicinal uses that can be shared.

Other

• Any mineral licks; • Any animal migration routes; • Any suitable plant/animal habitat; • Any animals calving grounds, etc.

Travel

• Are there any current or historic trails in the study area; and • How do you access hunting, trapping, gathering, fishing areas

Sites

• Any camps, cabins, settlements in the study area (past or current); • Who uses/used the sites; and • Any burials or sacred areas.

Future Use

• Where are areas that you would like to be able to use in the future; and • What is important for continued exercise of treaty/Aboriginal rights.

Project Specific

As part of the Project Application development there are a number of potential project impacts such as:

• Access (fencing, clearing, construction camp, roads, etc); o For example: A work camp of approximately 300 – 1000 people is part of the proposed project; do anticipate the camp population adversely affecting your ability to exercise rights? • Water (drawdown wells, infiltration ponds, etc.); o For example: The project will use groundwater for project operations, and divert creeks and water flow, do you anticipate effects. • Noise (ongoing blasting, etc); o For example: The project will include ongoing blasting activities (2x per day), will this noise affect the exercise of your rights? • Cumulative Effects (current facilities, exploration activities, etc); o For example: The project area already has current facilities as a result of exploration activities, have you experienced any effects from these facilities to date. • Wildlife & Vegetation (potential effects to current/intended future use, etc); o For example: The project will require clearing of 3 – 4,000 hectares, or 2.3 – 3% of the Fort‐a‐la‐Corne Forest and the project area is approx 13,000 hectares (or 10%) of inaccessible area in the FalC Forest. Will this adversely affect your ability to exercise rights? • Air Quality (dust management on Project site and roads, etc); o For example: Have you experienced any dust from the current exploration or road? How would an increase in dust adversely affect the exercise of your rights? • Fish (water levels, access, etc); o For example: How could water levels affect fish? Would this adversely affect your ability to harvest? • What are other project questions and concerns. Appendix 2: Interview Consent Form James Smith Cree Nation (JSCN) Traditional Land Use Interviews:

Participant Consent and Release Form

Participant Name: ______

Date of Interview: ______

Name of Interviewer: ______

I, ______(participant name) agree to participate in the James Smith Cree Nation’s Supplemental Traditional Land Use Study for the Shore Gold Orion South Project. I understand that the purpose of this project is to assist in the identification and gathering of information on JSCN’s traditional and cultural uses of the land within our Territory.

I agree that the information gained from my interview can be utilized by the James Smith Cree Nation to support its efforts in researching the Shore Gold Orion South Project. I further understand that this information can be utilised to support JSCN research, regulatory interventions, court actions, negotiations and legal work, projects and initiatives.

All information collected is the sole property of JSCN and will not be used for any purpose without Nation consent. The report created for this Project will undergo a community verification process.

Signed,

______

Participant Date

______

Interviewer Date