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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
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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 T2P0X8
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
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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
Decisionor orderrequested: 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.
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TransMountain 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 MOTIONOF 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 THEMOTION
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 Landand Resource Use Study is evidence of Sunchild and has immediate relevance to the Project.
8. The Traditional Land andResource 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.
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I Sunctilld HealthCenter 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 relatingto 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
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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]
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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)
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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 inwildlife 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'iixinfii.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 SunoliilclF\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--,';:. ■ * ifir'v.i- ■;■ ■■ • : .' ■ ,;
• Sensory impacts to sacred • Miiintii/rt nnp>i(;i to the aesthetic qualities of the mountains mountain landscapes through collaborative planning and consultation with Sunchild
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KlnderMorgan TransMountain: Sunchild FirsL Nation Traditional Land and Resource Use.
Table of Contents
1 Introduaion , 4 1.1 Proposed Project , 4 1.2 SFN Traditional Land and ResourceUse Study 4 1.2.1 Study Purpose and Objectives /\. 1.3 Report Outline.... , „..„...,... 5 1.4 Report Limitations , 5
2 Methodology 7 2.1 Methods for Information Collection... ,.,.7 2.1.1 Community Meeting „., 7 2.1.2 fieldwork 7 2.1.3 Report Verification Me^iiny 7 2.2 Reporting „„„ , , , , 7 2.3 Methods for Assessment...... „„.., Q 2.3.1 Vulucd Components g 232 Spatial Considerations 8
3 Baseline (Current) Conditions 9 3.1 Tenebs of Sunchild's Relationship with the Land , .....9 3.2 Baseline 9 3.3 Land and Resource Use in the Regional Study Area 9 'A,'A.\ Overview 9 3 3.2 Harvesting.,. 10 3.3.3 Occupancy 10 3.3 A Mountain Landscapes 12 3.4 Land and Resource Use in the Local Study Area 12 3A1 Overview...... , 12 3.4.2 Harvesting .,.. 12 3.4.3 Occupancy -[\ H.4.4 Mountain Landscapes 15 3.5 Current Encroachments 15
4 Project Effects 17 4.1 Issues and Concerns with the Project 17 4.1.1 Clearing mid Construction 17 4.1.2 Operations and Maintenance ....17 4.1.3 Accidental Releases 10
5 Conclusions! and Recommendations 19
• References Cited 20
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KinderMorgan TronsMouncain; Sunchild First Nation Traditional Land and Resource U
List of Figures Figure 1 Project Footprint in Relation to Spatial Boundaries Figure 2 Sunchild Traditional Land and Resource Use in the LSA Figure 3 Industrial Disturbance within the RSA
List of Tables Table 1; SFN Issues and Concerns and Recommendations for Proposed Project
Acronyms and Abbreviations
Geographic Information System LSA Local Study Area R°W Right of Way RSA Regional Study Area Sunchild ...... Sunchild First Nation TK Traditional Knowledge TLU... Traditional Landand Resource Use VC Valued Componenl
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1 Introduction
1.1 Proposed Project
Kinder Morgan's existing Trans Mountain Pipeline runs between Edmonton, Alberta, and Burnaby, British Columbia. The proposed Project would include construction of the following:
a. Approximately 980km of new buried 36-inch pipeline to be located adjacent to the existing pipeline where practical;
b. 11 new pump stations at 10 locations with a total of 33 pumping units; and 21 new storage tanks.
The original Trans Mountain Pipeline was built in 1953 with no consultation with Treaty 6 peoples.
1.2 SFN Traditional Land and Resource Use Study
The Project is located within the traditional lands of Sunchild First Nation (Sunchild). and within 200 km of the Sunchild reserve #202 (See Figure 1). Sunchild are an Ojibway and Cree people whose home community (including administrative base) is located in central Alberta approximately 60 kilometres northwest of Rocky Mountain House. The current population is approximately 1,350 members.
Sunchild is concerned that the Project, if approved, would impact the traditional land and resource use of its members, including their ability to exercise their rights under Treaty 6, Sunchild's consultation department coordinates consultation and engagement activities on behalf of Sunchild; and, commissioned Moccasin Flower Consulting to help them compile a traditional land and resource use study ("the Study") (based on information they collected independently) to inform the regulatory decision-making for the Project.
1.2.1 Study Purpose and Objectives
The purpose of this Study is to identify potential impacts of the proposed Project on Sunchild traditional land and resource use.
Specific objectives are to:
• Record Sunchild traditional land and resource use within, and in the vicinity of, the proposed Project and • Identify key issues and concerns and mitigation recommendations regarding Project Impacts on Sunchild traditional land and resource use.
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1.3 Report Outline
This report begins by discussing the methods for information collection for the study. This is followed byan outline of Valued Component in the local and regional study area. Next project issues and concerns are outlined and mitigation recommendations are presented.
1.4 Report Limitations
The report focuses on the two objectives outlined in Section 1.2.1, and is not intended as a complete depiction of the entirety of Sunchild traditional land and resource use and associated traditional knowledge. Absence of data does not mean an absence of Sunchild use or value.
It is beyond the study scope to provide an assessment of the potential impacts of the Project on the lands and resources used by Sunchild and on Sunchild's treaty and aboriginal rights. Similarly, the report does not present a complete suite of recommendations on how any such negative impacts may be avoided, mitigated or positive benefits maximized,as such recommendations can only be developed collaboratively between Sunchild, the proponent and/or the Crown. Nothing in this report should be construed to limit, define or otherwise constrain Sunchild from bringing forward additional information to what is presented in this report, nor should this report be construed as defining, limiting or otherwise constraining the extent of Sunchild traditional land and resource use, traditional knowledge and/or Irealy and aboriginal rights.
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2 Methodology
2.1 Methods for Information Collection
2.1.1 Community Meeting In 2014 a community meeting was held at the Sunchild Community Centre to introduce the proposed Kinder Morgan TransMountain pipeline project to the community of Sunchild.
2.1.2 Fieldwork From October 26-28, 2015 Sunchild staff and community members completed fieldwork along portions of the proposed Project running along Highway 16 (Yellowhead Highway). Sunchild staff and community members followed this fieldwork up with an in depth discussion of results at Hinton. Alberta.
The purpose of the fieldwork was to ground truth areas identified in the 2014 community meeting and to further document traditional land and resource use in relation to the Project. For each site, a hand-held GPS was used to record its geographic coordinates and a photographic record was token.
2.1.3 Report verification Meeting On November 10, 2015 a meeting was held at the Sunchild Health Centre to discuss the results of the October 2015 fieldwork. Additional traditional land and resource use areas in relation to the proposed Project were discussed and issues, concerns, and mitigation measures with the proposed project were documented. This meeting was facilitated by Ooreen DayChief and Sunchild staff.
2.2 Reporting
The following information sources were made available to Moccasin Flower Consulting in order to compile this report:
• Interim TLUS prepared for the Kinder Morgan TransMountain Project by Sunchild First Nation, 2015 • Doreen DayChiefs GPS weyoints and photos from the October 26-28, 2015 fieldwork • Doreen DayChief s notes from the November 10, 2015 Meeting • Verbal and written input into this report from Doreen Daychftif and Alice Peter3
Sunchild Chief and Council, Alice Peters, and Doreen DayChief reviewed the draft TLUS in December 2015 to confirm that the information that it contained was accurate and suitable for public release.
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2.3 Methods for Assessment
2.3.1 Valued Components
A Valued Component (VC) is an important aspect of the social and/or ecological environment(s) thai could be affected by a project and is the focus of an environmental assessment (Hegmann el al 1999). An effort was made to identify VCs thai integrate a range of values, as a means of reflecting the inlegralive nature of traditional land and resource use and ils relationship to the environment.
2.3.2 Spatial Considerations
For the purposes of this study, a Local Study Area (LSA) and a Regional Sludy Area (RSA) are used (Error! Reference source not found.). The LSA incorporates all Project facilities and infrastructure (Project footprints) in Alberta with a one km buffer applied around the footprint. The RSA is based on the Albertan boundaries of Treaty No. 6.
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3 Baseline (Current) Conditions
3.1 Tenets of Sunchild's Relationship with the Land Based on a review of Sunchild's Interim TLUS prepared for the Kinder Morgan TransMountain Project (Sunchild 2015),the following elements of Sunchild's relationship with the land are highlighted below;
• Sunchild First Nation's spirituality, identity, culture, heritage, language and traditions are inextricably connected to the land, waters and resources.
• Sunchild First Nation holds the land, water and natural resources in Its territory in sacred trust, and it is Sunchild First Nation's obligation and right to he the caretakers and stewards of the land and resources within its territory,
• Sunchild First Nation's continued ability to transfer knowledge about the land to future generations is of central significance,
• Sunchild First Nation's understanding and application of universal law is rooted within their relationship with the land and the plants and animals and are taught though generational relationships amongst their people U8ing the land as the classroom.
• Sunchild First Nation '.
3.2 Baseline
Based on discussions with Sunchild and a review of relevant materials, the following VCs have been selected and arereported on in detail below according to their conditions in the RSA and the LSA:
• Harvesting (Sections 3.2.2 and 3.3.2)
• Occupancy (Sections 3.2.3 and 3.3.3)
o Cabins and Camps
o Spiritual, Ceremonial and Grave Siles
o Trails
• Mountain Landscapes (Sections 3.2.4 and 3.3.4)
3.3 Land and Resource Use in the Regional Study Area
3.3.1 Overview
The following section provides an overview of Sunchild traditional land and resource use within the RSA. It is important to note thai Ihis is not a comprehensive depiction of all Prepared by Moccasin Flower ConsultlnQ Inc. for Sunchild First Nation 9
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Sunchild traditional land and resource use within the RSA; it is instead a snapshot of use to provide context for this Study.
3.3.2 Harvesting
Sunchild members harvest throughout the RSA with a focus on the 'green zone1 (non- private land) and reserve land. Sunchild members harvest a variety of traditional resources throughout the RSA such as, butnot limited to. moose, deer, elk, rabbit, fish, grouse, waterfowl, berries-, and medicines. Sunchild harvests herbs and berries for use as sacred offerings during ceremonies and as partof their traditional pharmacy. Many of Sunchild's medicines are considered sensitive and must remain undisturbed and un- transplanted in order to be used.
Sunchild's harvesting areas extend across Treaty 6 territory and beyond. However, most harvesting areas occur west of Drayton Valley, Rimbey, Rocky Mountain House and Sundre towards the foothills and Rocky Mountains. Harvesting areas also occur along the Yellowhcad corridor. Harvesting often occurs adjacent to past and currently used occupancy sites, access routes, and resource habitat features. These harvesting locations have been used by Sunchild members since before Treaty and current use by Sunchild members continue today. This inter generation connection with the landscape is central to Sunchild's use of the land
Sunchild membership currently holds three registered fur management areas near Sunchild reserve #202.
Sunchild members report a general decline in the quality and quanlily of traditional resources (Including water) within the RSA. This is attributed largely lo agricultural development in the 'white zone" (privately owned land) and industrial development (e,g.. mining, oil and gas and forestry) in the green zone'. This development has pushed Sunchild members further and further west towards the mountains and into Jasper National Park in order to access suitable harvesting locations. Sunchild members are sometimes Forced lo carry clean drinking water with them when going out on the land.
3.3.3 Occupancy
Occupancy refers to an area that a "particular group regards as its own by virtue of continuing use, habitation, naming, knowledge and control" and includes information regarding "stories and legends about places; ecological knowledge ofplaces; indigenous place names; habitation sites like cabins and burial ground" (Tobias 2000:3).
The occupancy values reported in this study are:
• Cabins and camps;
• Spiritual, ceremonial and grave sites; and
• Trails.
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The following quote documents Sunchild First Nations ancestors' occupancy of several areas still used today. As mentioned above, the link to landscapes used by their ancestors is fundamental to Sunchild's current land use:
"77)6 laid Chief Jim O'Chieso was a prominent figure during the early days of the Great North West...his son John O'Chiese the present leader of the tribe, moved with pan of the Iribe from Rocky Mountain House shortly after his father's death, and travelled by wagon and teams to Marlboro 125 miles west of Edmonton, then up north to Hay River and then later on to Smokey River, then rinding it more desirable they moved to Whitecourt, Mayerthorpe and Sangudo and are...Part of their old band...still make their home where their parents lived in the vicinity of the Nordegg and Brazeau rivers ...A few of other families are living in the vicinity of Leedale which is thirty five miles north eastof Rocky Mountain House' (Sunchild 2015).
3.3.3.1 Cabins and Camps Sunchild has cabins and camps located Ihroughout regions of the RSA, many related to resource harvesting areas. Cabins and camps are primarily located in the area running west of Drayton Valley, Rimbey. Rocky Mountain House andSundre to the foothills and Rocky Mountains. Cabins and camps are also associated with Sunchild past and present traplines and along the Yellowhead corridor.
Cabins and camps are essential features on the landscape for Sunchild livelihood. In addition to serving as staging areas for traditional land and resource use, they also provide Sunchild members with solitude and peace sought for restorative purposes. They also function asa theatre for intergenerational knowledge transfer, such as places to tell stories about how Sunchild people moved across the landscape. These migration stories are a fundamental link between the past and the present as many members pay homage and return to sacred sites to provide offerings and prayer.
3.3.3.2 Spiritual, Ceremonial and Grave Sites
Sunchild hasa number of areas of spiritual and ceremonial importance in the RSA with many focused on the foothills, mountains, and the Yellowhead corridor. Sunchild members make a pilgrimage to sacred and ceremonial sites four times annually (spring, summer, fall, winter) in the same manner as their ancestors did. These sites are critical to the continuation of sacred teachings and practices, include ceremonial offerings, and reinforce Sunchild's ancestral ties to these sites.
Gravesiles are also present throughout tho RSA with known burials al Marlboro, south of Robb, and along the Nordegg River, as well as other locations. Elders remember visiting numerous graves throughout the Obed Lake area.
3.3.3.3 Trails
Trails are important in connecting occupancy and harvesting areas spread over Sunchild's vast traditional territory. Historically Sunchild would have travelled trails on foot with pack dogs, on horseback, or on horse drawn wagons. Regular travel used to
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occur between Sunchild. Whltecourt, and Jasper and places in between. Yearly pilgrimages to these areas are done to honor cultural sites and to conduct ceremonies. Travel also occurred along the Yellowhead corridor to visit relatives In Saskatchewan to the east and to access the Rocky Mountains to the west. Private land sales and subsequent development on these lands (primarily agricultural) have served to destroy most historic trails in the 'white zone1 areas of the RSA. Current and historic trails in the'green zone' are currently threatened by industrial development (mainly forestry, linear development and seismic lines) that make navigationof trails virtually impossible.
3.3.4 Mountain Landscapes The mountains are considered a sacred landscape to Sunchild First Nation. They liken slaying close to the mountains as staying close to their culture. As a result, some of Sunchild's relatives live In Hinton (Foothills Ojibway Society). Sunchild members describe the mountain landscape as their church.
3.4 Land and Resource Use in the Local Study Area
3.4.1 Overview
The following section provides an overview of Sunchild traditional land and resource use within the LSA. It is important to note that this is not a comprehensive list of land and resource useas time and budgetary constraints limited the number of Sunchild members to be included in the Study. The information presented in the following sections consists of a summary of traditional land and resource use by Sunchild members in the LSA as related to harvesting, occupancy, and mountain landscapes. Figure 2 provides an overview of some of the Valued Components in the LSA
3.4.2 Harvesting
Harvesting of resources includes hunting, fishing, trapping and gathering. Harvesting often occurs adjacent to occupancy locales. The following is a brief summary of some harvesting sites and patterns that occur within, and adjacent to, the LSA as depicted on Figure 2.
Participant SFN-001 recalls hunting, fishing, and gathering medicines by Carrot Creek, Peers and north towards Whitecourt. He also remembers hunting south towards Wolf Lake. Participant SFN-002 remembers harvesting big game, medicine, and berry picking along the proposed pipeline corndor by Nojack, Marlboro, Mayerlhorpe, Obed, Hinton and Jasper. Today the children and grandchildren of these Sunchild members continue to use these areas.
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Sunchild First Nation ancestors harvested in Jasper National Park. Today, Sunchild has an agreement with Parks Canada allowing them access and usage to Ihe areas within the Park. On a yearly basis, Sunchild holds Youth and Elder Cultural Teaching camps just cast of the town of Jasper where harvesting takes place.
3.4.3 Occupancy The following section discusses site-specific occupancy values found in, and adjacent, to the LSA and are depicted on Figure 2. This includes cabins and camps, cultural, ceremonial and grave sites, as well as trails.
• The MacKay cabins located north of Highway 16 is a significant area to Sunchild.
• The Desjarlais and Sidney Beaverbane's families camped about seven miles SOUlh of Carrot Creek.
• The late Jim Daychief, Littlcjohns and Bigjohns families camped and conducted ceremonies east of Nojack and in the Marlboro area. Lousie Lagrelle and hor family still travels Lo Ihesc areas.
• Pat Whitford lived south of Edson towards Robb. Pat was grandfather to the Goodrunning, Whitecalf, Frencheatcr, and Gopher families whose descendants currently reside in Sunchild.
• Participant SFN-001 recalls Sundance ceremonies south of Nojack along Highway 16.
• Participant SFN-002 remembers going to ceremonies by Nojack, Marlboro. Mayerthorpe, Obcd, Hinton, and Jasper. At this time this main corridor was still gravel andhad not yot become Highway 16. This participant has many relatives who lived along this corridor, and still livein the Edson and Hinton areas. SFN- 002 continues today to take her grandchildren back to these areas for ceremonies.
• Participant SFN-003 describes ceremonial sites near Ninton Junction.
• Pat Whitford was buried in a cemelery south of Marlboro. Soulh of Robb is another cemetery of significance to Sunchild First Nation where several leaders, Elders and kin lo Sunchild are buried. Sunchild utilized a burial site in this area in 2015.
• Sunchild First Nation has many landmarks and sacred sites within Jasper National Park. As a result of a recent agreement between Sunchild First Nation and Parks Canada Sunchild now hosts annual Youth and Elder Cultural Teaching camps east of the town of Jasper that include fasts.
• North on Highway 16 just outside of Hinton and Brule seasonal ceremonies are conducted thai include: Law Lodges, Bear Sweats, Men and Women Sweatlodge
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ceremonies. Ghosl Dance, Chicken Oance. and Trading Dance. Sunchild First Nation people attend these ceremonies every spring, summer, fall, and winter. • Direct relations to the Sunchild First Nation people. Jimmy O'Chiese's family, currently reside north west of Hinlon.
3.4.4 Mountain Landscapes Within Ihe LSA in Jasper National Park there are many mountain views (sacred landscapes) of significance to Sunchild. For example, one view shows the face of a First Nations man with an eagle feather in his hair lying on his side. These views were photo documented duringthe October 2015 fieldwork.
3.5 Current Encroachments "Encroachments" are non-Sunchild activities, policies, and regulations that put limits on Sunchild land and resource use and the exercise of treaty rights. Figure 3 illustrates some of the current encroachments that have spatial boundaries/foolprints in the RSA. Encroachments include, but are not limited to:
• Privately owned land ('white zone');
• Industrial footprints, including linear disturbances; and. • Federal Parks, Alberta Provincial Parks, Recreation Areas and Conservation Areas.
Other encroachments that are not easily mapped include Provincial hunting, trapping and fishing regulations, land use by recreationalists and sports hunters and fishers, and access restrictions related to industry. Figure 3 clearly shows the shrinking land base in which Sunchild is able to practice its rights as well as the existing amount of development in the general area of the LSA.
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FIGURE ):lndut1rul Disturbance within di« a
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4 Project Effects
4.1 Issues and Concerns with the Project
Issues and concerns with the proposed Project arc presented in the sections below and are organized into the following categories:
■ Clearing and construction;
■ Operations and maintenance; and
• Accidental releases.
4.1.1 Clearing and Construction
The following is a summary of issues and concerns raised by Sunchild members related to the clearing and construction phase of the proposed Project on VCs.
4.1.1.1 Harvesting
Clearing and construction of the Project will lead to direct disturbance and destruclion of habitat containing traditionally used wildlife and fish resources and traditionally used plants including berries and medicines. Clearing and construction will also result in sensory disturbances such as noise and lights that will displace wildlife. Finally introduction ofinvasive weedy species (by equipment) will negatively impact traditionally used plants.
4.1.1.2 Occupancy
Sacred and ceremonial areas in the LSA will be negatively affected during clearing and construction of the proposed project through sensory disturbance such as noise and lights. They will also be impacted by increased traffic and through an influx of workers that may disrupt sacred and ceremonial areas. During construction and clearing, trails and access routes used to access resource harvesting areas may be temporarily restricted.
4.1.1.3 Mountain Landscapes
Sensory disturbance (noise and lights) from clearing and construction activities will detract from the sacred experience of the mountain landscapes.
4.1.2 Operations and Maintenance
The following is a summary of issues and concerns outlined by Sunchild members relating to the operations and maintenance phase of the proposed Project on the VCs defined for this study.
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4.1.2.1 Harvesting Issues and concerns associated with the operations and maintenance of the Project include the regular clearing of vegetation and use of herbicides along the RoW. This has the potential to impact fish due to the runoff of herbicides into watercourses and water bodies. Herbicides will also impact traditionally used plant resources. Sunchild members are unlikely to harvest berries or medicines in areas thought to be contaminated by herbicides. Operations will also affect big game as maintained RoWs lead to increased predation and poaching where RoWs cross roadways.
4.1.2.2 Occupancy Issues and concerns associated with the operations and maintenance of the Project include use of the proposed RoW by recreationalists and non-Aboriginal harvesters. This may lead to impacts at ramps and sacred and ceremonial areas in the LSA through vandalism and safety concerns. Sunchild trails and access routes may also become used by increasing numbers of recrealionalists and non-Aboriginal harvesters drawn to the area by the new RoW.
4.2.2.4 Mountain Landscapes The cleared RoW will have a negative aesthetic impact and detract from the sacred experience of the mountain landscapes.
4.1.3 Accidental Releases
Accidental releases are a significant concern with pipeline development for Sunchild members. A spill would significantly impact Sunchilri harvesting, occupancy, and water.
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5 Conclusions and Recommendations
As illustrated In Figure 3, large portions of the RSA are no longer accessible for traditional use by Sunchild and/or have experienced impacts from oil and gas, mining, or forestry development making It unsuitable for use. As such, the LSA is a critical remaining area within the RSA where members can practice their Rights and hold ceremonies at sacred sites.
Table 1 contains Sunchild's recommendations and issues and concerns for the development of the proposed Project (clearing and construction, operations and maintenance and accidental releases) as identified in Seclion 4.0 regarding harvesting. occupancy, and mountain landscapes.
Table 1. Sunchild Issues and Concerns and Recommendations for Proposed Project
Issues and Concerns commendations (Decrease in wildlife and change Minimizeimpact lo the environment by paralleling existing lo migratory patterns disturbance where possible Decrease in availability or herbal Avoid harvesting sites with butters defined in collaboration medicines with Sunchild First Nation Increased access by recreational Develop an access rnun&utiirienl plan willi Sunchild hunters and resultant impacts on Do not use herbicides during RoW maintenance wildlife and vegetation Work in collaboration wilh Sundiild lo employ gdapdve management with regards to impacts to Sunchild harvesting traditionally wstSO veyfllalmM ami Support Sunchild Lo complete enviioriineiilal monitoring on vegetation consumed by during clearing, construclion, and operations wildlife Restricted access lo hunters during critical harvesting periods (eg. when resources are needed for ceremony)
impacts of herbicides on water
Issues and Concerns
Disturbance of sacred and Avoid occupancy locales with buffers defined in collaboration ceremonial sites negatively with Sunchild First Nation impacts Sunchild's ability to Develop an access management ply" with SunchiUI sustain traditional teachings Woik iii collaboration with Sunchild to employ adaptive management with regards to impacts to Sunchild occupancy Support Sunchild to complete environmental monitoring jluringjslcaripg. construction, and operations
Issues and Concerns Recommendations
Sflnsory impacts to sacred Minimise impact to the aesthetic qualities or (he mountains through coiianorativ« planning and consultation with Sunchilo mountain landscapes
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• References Cited
Hegmann, G., C. Cocklin, R. Crcasey, S. Dupuis. A. Kennedy, L. Kingsley, W. Ross. H. Spating and D. Stalker (1999). Cumulative Effects Assessment Practitioners Guide. Prepared by AXYS Environmental Consulting Lid. and the CEA Working Group for the Canadian Environmental Assessment Agency, Hull, Quebec.
Sunchild 2015. Interim TLUS prepared for Ihe KinderMorgan TransMountain Project.
Tobias, T. 2000.Chief Kerry's Moose: a guidebook to land use and occupancy mapping, research deign and data colleclion. A joint publication of the Union of BC Indian Chiefs and Ecotrust Canada. Vancouver, B.C.
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