Piikani Nation Consultation

Piikani Nation Consultation Box 70 Brocket AB T0K 0H0 Phone: 403 965 3940 Fax: 403 965 2214 Piikani Nation Written Evidence Submission to the National Energy Board for the Enbridge Line 3 Replacement Project. 1 Piikani Nation Written Evidence Submission To the National Energy Board regarding The Enbridge Pipelines Inc. Line 3 Replacement Project 1. Introduction and Outline of Written Evidence Piikani Nation has reviewed the Enbridge Pipelines Incorporated Line 3 Replacement Project Description submission to the National Energy Board. 1.1 The Purpose of this Document This document has been prepared at the request of the Piikani Nation Consultation Office on behalf of the Piikani Nation who has applied to participate in the public hearing and have been granted Intervenor status. Piikani Nation is presenting written evidence in order to ensure that their rights and interests are protected within the traditional territory of the Blackfoot Confederacy of which Piikani Nation is a member. 1.2 Authorship This document has been authored by Faye Morning Bull, Barrister & Solicitor, and Indigenous Law in a consultant capacity due to extensive knowledge of Piikani Nation and Blackfoot Confederacy history, law, traditional knowledge, traditional land use, treaty and aboriginal rights, and oral history. 1.3 Position on the Project Piikani Nation’s position on the matter has not yet been ascertained and is dependent upon the outcome of the Traditional Knowledge study. Piikani Nation has not had a good working relationship with Enbridge which has caused delay in completion of the Traditional Knowledge Study. At the time of the writing the Piikani Nation Consultation team is in the process of completing ground truthing sessions therefore Traditional Knowledge study has not been completed. The Piikani Nation has requested an extension for the submission of the Written Submission in order to have an accurate reflection of the Piikani Nation position. 2. Geographic Scope of the Project The proponent Enbridge Pipelines Inc. is proposing to replace the majority of the 1,066 km Line 3 pipeline commencing at the Hardisty Terminal located near Hardisty, Alberta to the Gretna Station located near Gretna, Manitoba. The Line 3 Replacement Program Project involves replacing the 34 inch pipeline with 36 inch pipe and the decommissioning of the existing Line 3 pipeline. Decommissioning involves the purging, cleaning, isolation and 2 segmentation of the existing line. Once the new pipeline is completed the old pipeline will be cleaned and left in the ground. 2.1 Limitation of Report This Submission is limited in scope as it is being filed without completion of the Traditional Knowledge Study nor the interviews or maps, but is being completed to comply with the September 30, 2015 deadline. 2.2 Piikani Nation: social, cultural and historical context The Piikani Nation is a member of the Siksikatsiitapiwa (Blackfoot People) often referred to as the Blackfoot Confederacy. The Blackfoot Confederacy is comprised of three tribes the Kainai, Siksika, and the Piikani which include both the Amasskapipiikani in Montana and the Apothsipikani in southern Alberta. Since time immemorial the Blackfoot people marked our traditional territory by significant Blackfoot landmarks, the North by Ponokasi-sahta (Elk River) the North Saskatchewan River, on the East beyond Omahski-spatsi-koyii the Great Sand Hills in what is now Saskatchewan, on the South by Otahkoi-tah-tayi the Yellowstone River, on the West by the Continental Divide1. This territory within the province of Alberta extends from the Continental divide at the Rocky Mountains, South to the United States-Canadian border and East to the Saskatchewan border and North to the North Saskatchewan River which runs through the city of Edmonton. In Saskatchewan the territory follows the North Saskatchewan River beyond present day Prince Albert, south to border of the United States and Canada. 1 Map of Blackfoot Territory prior to 1600, http://piikanination.wix.com/piikanination#!about-us/cjg9 3 The Piikani Nation and the other members of Siksikatisiitapi have used, occupied and asserted their ownership of their traditional territory. Piikani and Sikskiatisiitapi are connected to the territory through landmarks, stories, songs and ceremonies and maintain a distinct language, spirituality, culture, laws and as well as familial, economic, social and government relationships. The Piikani Nation formerly known as the Peigan Nation was a signatory to Treaty No. 7, also referred to as the Blackfoot Treaty signed September 22, 1877. For the Piikani Nation Treaty No. 7 was a Peace Treaty and we maintain the view that we have not ceded nor released our Aboriginal title to these lands. Piikani Nation are “Indians” as described in the Royal Proclamation 1763, section 91(24) of the Constitution Act 1867, the Rupert’s Land and Northwest Territory Order, 1870 and more recently section 35 of the Constitution Act, 1982. Further to this, the Piikani Nation maintains both Aboriginal and Treaty rights within the proposed project area and these rights are recognized and affirmed pursuant Section 35 of the Constitution Act, 1982: (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Metis peoples of Canada. The existence of these rights has a corresponding duty on the Crown to consult with Aboriginal people when their rights may be adversely impacted. 3. Piikani Nation perceived concerns: Piikani Nation’s initial concerns have been based on the information provided these include the following: 3.1 Potential Impacts of the Project on Piikani Nation Interest As outlined above the proposed project lies within the Blackfoot Confederacy’s traditional territory which extends in to present day Saskatchewan. The Piikani Nation has both Aboriginal and Treaty rights within the proposed project areas; as well as it being within our traditional territory. The proposed project may adversely impact these rights. 3.2 Potential environmental and socio-economic effects of the Project on Piikani Nation Interest 4 The Federal Crown’s Duty to Consult is triggered pursuant the Canadian Environmental Assessment Act, 2012.2 One of the purposes of the CEAA 2012 4 (d) to promote communication and cooperation with aboriginal peoples with respect to environmental assessments. The CEAA 2012, section 5 lists the Environmental Effects to be considered: 5 (c) with respect to aboriginal peoples, an effect occurring in Canada of any change that may be caused to the environment on (i) health and socio-economic conditions, (ii) physical and cultural heritage, (iii) the current use of lands and resources for traditional purposes, or (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance. 4. Conclusion The Piikani Nation’s position and concerns have not been ascertained and awaits the completion of the Traditional Knowledge study. 2 Canadian Environmental Assessment Act, 2012, S.C. 2012, c.19, s.52. 5 .

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