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DEC-31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.i'27 MILLER THOMSON LLP MILLERTHOMSON COM RO6SON COURT ♦ «uo HOWE 5TRCET SUITE "Hnomson VANCOUVFR *<_"♦ V6Z 2MI•CANADA lawyeis I TGO-1 in A SUOO FAX TRANSMISSION COVER To: Shari Young Fax: 403-292-5503 National Energy Board From: Amyn F. Lalji File* 189455.0001 604.643.1201 [email protected] Date: December 31, 2015 Pages (including this cover): 27 MESSAGE Please arrange to have the attached filed with the National Energy Board regarding hearing Order OH-001-0014. We attempted to file this submission online and was unable to do so Your website kept saying "This page cannot be displayed". My assistant then called your office and there were no assistants available to help. Therefore we would appreciate if you could file this today if possible. If you have any questions, please do not hesitate to contact me. 16363560 1 VANCOUVER l-AUiAHV EDMONTON SASKATOON LONDON KITCHENER-WATE*Lt.>0 C-UCIPH TOftONIC) MARKHAM MONTREAL NOTICE This fax is intended for use only by the persons to whom it is specifically addressed above and should not be read by, or delivered to, any other person. This fax may contain privileged or confidential information If you have received this fax in error, please notify us immediately by calling the sender's direct line above (eolloct if necessary). We tnank you in advance for your co-operation ana assistance DEC-31-2015 13:20 604G431200 9754 P.001 DEC-31-2015 11:47 From:MILLER THOMSON LLP 6046431E00 To:403 292 5503 P.2'27 Sunchlld Health C«nt»t 13.19:30 12-30-2015 3/7 SUNCHILD FIRST NATION P.O. Box 747 Rooky Mountain Holibu, Alberts T4T1A£ Offlco (403) 088-3740 • Pat (403) 909-2633 December 31.2015 SENT VIA FAX (403.292.6503) National Energy Board 'I'M Seventh Avenue SW Calgary, AB T2P 0X8 Attention- Sheri Young, Secretary of the Board Dear Ms. Young: Re: Hearing Order OH-001 -2014 File OF-Fac-OII-T260-2013-03 02 Motion to File Late Written Evidence Enclosed please find Sunchlld First Nation's Notice of Motion and Traditional Land and Resource Use Study. The enclosed Traditional Land and Resource Use Study contains the written evidence Sunchild is seeking lo file through this Motion, This evidence la an expression of Sunchlld's traditional knowledge. We look forward to hearing from you on this Motion. Sincerely, Alice Petarsiblrectorof Special Projects Sunchild First Nation Enclosures r~t CO cc Chief Jonathan Fronchoowr Sunchlld First Nation Leadership Doreen Doychlef, Sunchlld First Nation 3E fc Amyn F. LolJI, Miller Thomson LLP O Qo O 3O DEC-31-2015 13:20 G04G431200 37'4 P.002 DEC-31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.3'27 14039692231 Sunchlld MMlthCcn Ler 13:19:46 U-30-iOIS 4/7 SUNCHILD FIRST NA TION P.O. Box 747 Rocky Mountain Houso, Alberta T4T1A5 Offlco (403) QB0.374O • Fax (403) 089-2533 OH-001-2014 Notice of Motion Name of parson bringing the motion: Sunchlld First Nation Decision or order requested: This motion by the Intervenor, Sunchlld First Nation, is made pursuant to Hearing Order OH-001-2014 and section 35 of Ihe National Energy Board Rules of Practice and Procedure, 1995, SOR/95-208, for; a) An order allowing Sunchlld First Nation to file as late written evidence the attached study entitled "Kinder Morgan TransMountaln Pipeline: Sunchfld First Nation Traditional Land and Resource Use Study"; b) Other relief as the Board may consider appropriate In the circumstances. Date submitted: December 31, 2015 Signature: Print Name; Alice Petans, Director of Special Projects Attachments: Notice of Motion with concise statement of relevant facts; grounds for request; and detailed description of trm decision or order sought. DEC-31-2015 13:21 G04G431200 97% P.003 DEC-31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.4'27 Trans Mountain Pipeline ULC Section 52 of the National Energy Board Act Application for Trans Mountain Expansion Project NEB File OF-Fac-Oil-T260-2013-03 02 Filed the 31£l day of December, 2015 OH-001-2014 NOTICE OF MOTION OF SUNCHILD FIRST NATION SEEKING LEAVE TO FILE LATE WRITTEN EVIDENCE INTRODUCTION 1. Sunchild First Nation ("Sunchild") is a registered intervenor in the National Energy Board hearing for the proposed Trans Mountain Expansion Project ("Project"). 2. The deadline for submission of written evidence has passed and the Aboriginal oral traditional evidence hearings have concluded. 3. Sunchild seeks to have the attached Traditional Land and Resource Use Study admitted as late written evidence, STATEMENT OF FACTS 4. On May 27, 2015, Sunchild submitted its preliminary Traditional Land Use Study dated January 3, 2015 along with other written evidence documents. 5. Sunchild has since engaged third party technical assistance to complete the attached Traditional Land and Resource Use Study and seek to have this study admitted as late written evidence. GROUND FOR THE MOTION 6. In respect of traditional use matters, the Board is not bound by rules of evidence and it is standard practice to afford procedural latitude to Aboriginal intervenors. Indeed, the Honour of the Crown and principles of fairness require that Sunchild be given the opportunity to file late written evidence in order to foster and facilitate the participation of Sunchild as an Aboriginal intervenor. 7. The Traditional Land and Resource Use Study is evidence of Sunchild and has immediate relevance to the Project. 8. The Traditional Land and Resource Use Study is an expression of Sunchild's traditional knowledge and culture and its admission as evidence is important for recognizing and understanding Sunchild's practices, traditions and customs. 9. Sunchild does not anticipate that any party would suffer prejudice as a result of this late filing. DEC-31-2015 13:21 G04G431200 97% P.004 DEC-31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.5'27 I Sunctilld Health Center 13:20.02 12-30-2015 S>] 10. To the extent that there is any prejudice to other parttea to the hearing In Sunchllcl submitting late written evidence, this prejudice will be greatly outweighed by the potential prejudice to Sunchild In Its ability to put forward evidence relating to the potential effects of the Project on Sunchlld'e Aboriginal and Treaty No, 6 rights. ORDER SOUGHT 11 Sunchild respectfully requests the following relief: a. An order allowing Sunchild First Nation to file as late written evidence the attached study entitled "Kinder Morgan TransMountaln Pipeline: Sunchild First Nation Traditional Land end Resource Use Study"; and b Other relief as the Board may conBider appropriate in the circumstances. All of which le respectfully submitted this 31** day of December, 2015. Director of Special Projects, Sunchild First Nation DEC-31-2015 13:21 6046431200 97* P.005 DEO31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.6'27 KINDER MORGAN TRANSMOUNTAIN PIPELINE Sunchild First Nation Traditional Land and Resource Use Study Prepared for: Sunchild First Nation PO Box 7A 7 Rocky Mountain House, AB, T4T 1A5 December 2015 Prepared by: Ave Dersch Ph.D. Moccasin Flower Consulting Inc. and Sunchild First Nation In flower consulting Inc. x 134. Slave Lake, Alberta. TOG 2A0 65, [email protected] DEC-31-2015 13:21 G04G431200 97% P.OOG DEO31-2015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.7'27 Credit Page Sunchlld First Nation Study Participants Louise Lagrslle, Bob Gopher, Josephine Gopher, Thomas Lagrelle, Cecilia Oaychief, Douglas Bonaise, Ruby Bigchild, Gerry Redbear, Robert WhiteCalf, Sydney Beavcrbone, Russel Rowan Chief Jonathan Frencheater, Councillors Edwin Froncheater. James Frenchcater, Norman Lagrelle, and Clint McHugh Study Coordination and Reporting Doreen Daychief and Alice Peters Study Consultants Reporting Ave Oersch (Moccasin Flower Consulting) GIS/Mapping Meredith Roik (Lat60) DEC-31-2015 13:21 G04G431200 37°4 P.007 DEC-31-E015 11:47 From:MILLER THOMSON LLP 6046431200 To:403 292 5503 P.8'27 Executive Summary A summary of potential effects of Ihe proposed Kinder Morgan TransMountain Pipeline Project on Sunchild First Nation's ("Sunchild") traditional land and resource use are presented in Table 1 below. The summary includes Sunchild's issues and concerns related to the proposed Project for each Valued Component as well as Sunchild's mitigation recommendations. Table 1. Sunchild Issues and Concerns and Recommendations for Proposed Project ^■■'HARVESTING 'vi"A!^': ^-':;;:'1'!i:;"■'■ : ' ^ '-< S.i-". ■"'■ '■■-"■ ■ ■ ■:>■..■•&•■.■.. ' ■•.. ::v:"y:>■•';:■ '.. ''■ '■■ ' -i:i Issues: arid ■Concerns^<||-; %& '■.''.' ■ Retbm'misndatibnsim^ ::' : --M-^l • Decrease in wildlife and change • Mini/nil's impact to the environment by paralleling existing to migratory patterns disturbance where possible * Doerease in availability of herbal • Avoid harvesting sites with buffers dafinad in collaboration medicines with Sunchild First Nation • Increased access by recreational • nevelop an access management plan with Sunchild hunters and reaultant impacts on • Do not use heibicidea during RoW maintenance wildlife and vegalatinn • Work in collaboration with Sunchild to employ adftptiv* • Impacts of hcrbir.iclos on management with regards to impacts 10 Sunduld harvesting traditionally usorl vAi|«il.0li<.m unti • Support Sunchild to complete environmental muniloriny. on vftQAtftiiO'i ixinfii.iined by during clearing, construction, and operations wildlifh • Restricted access to hunters during Cutical hurvesting periods (e.g.. when resources are needed for ceremony) • Impacts on waiar quantity • Impacts nf hwbiciUeb on water : - Issuesand.;CopcernV:' ",_. * Disturbance of sacrad and • Avoid <>c.m(ime.y kicHles wild butters defined in collaboration ceremonial sites negatively with Sunoliilcl F\n>{ Nation impacts Sunchild'B ability to Develop an access management plan with Sunchild sustain traditional teachings * Work in collaboration with Sunchild to employ adaptive management with regards to Impacts to Sunchild occupancy • Support Sunchild lo complete environmental monitoring during clearing, construction, and operations .::v-,'■■■;.-■!-;W^"B'.gF:«Ti^-'iK--,';:.
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