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Squamish Nation Direct Evidence

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Squamish Nation Direct Evidence Hearing Order MH-052-2018 Board File: OF-Fac-Oil-T260-2013-03 59 NATIONAL ENERGY BOARD IN THE MATTER OF the National Energy Board Act, R.S.C. 1985, c. N-7, as amended (“NEB Act”) and the Regulations made thereunder; AND IN THE MATTER OF an application by Trans Mountain Pipeline ULC as General Partner of Trans Mountain Pipeline L.P. (collectively “Trans Mountain”) for a Certificate of Public Convenience and Necessity and other related approvals pursuant to Part III of the NEB Act for the Trans Mountain Expansion Project (“Project”); AND IN THE MATTER OF the National Energy Board’s reconsideration of aspects of its Recommendation Report (“Report”) as directed by the Governor in Council through Order in Council P.C. 2018-1177 (the “Reconsideration”). SQUAMISH NATION DIRECT EVIDENCE December 5, 2018 Introduction 1. The Squamish Nation (“Squamish” or the “Nation”) relies on and adopts the evidence that it provided to the National Energy Board (the “Board” or the “NEB”) in the OH-001- 2014 proceeding. The Nation references some of the information on the record in the OH-001-2014 proceeding below to highlight relevant aspects and to provide context for the evidence to be considered in the Reconsideration hearing. Squamish Nation 2. The Squamish Nation (“Squamish” or the “Nation”) is a Coast Salish Nation. Squamish is a self-identifying Aboriginal Nation and an Aboriginal people. We currently have over 4,053 registered members. 3. Since a time before contact with Europeans, Squamish have used and occupied lands and waters on the southwest coast of what is now British Columbia extending from the Lower Mainland of British Columbia, and including Burrard Inlet, English Bay, Howe Sound, the Squamish Valley and north to Whistler (the “Territory”). 4. The boundaries of Squamish Territory encompass all of Burrard Inlet, English Bay and Howe Sound, as well as the rivers and creeks that flow into these bodies of water. 5. Squamish has occupied, governed and sustained ourselves physically, culturally and spiritually since time immemorial from the areas of our Territory that would be impacted by the Project. Squamish asserts Aboriginal rights, including title and self-governance rights, within these areas pursuant to section 35(1) of the Constitution Act, 1982. 6. Further, since a time before contact with Europeans, Squamish regularly travelled to and fished in the Fraser River and we assert Aboriginal rights to fish in the Fraser River, including at its mouth and on its tributaries. 7. Squamish continue to occupy, and be stewards of, our Territory, and harvest resources throughout our Territory, among other places, the Capilano River at the entrance of Burrard Inlet, the Fraser River, and Howe Sound for food, social and ceremonial 1 purposes. Squamish are protectors of the Salish Sea and rely heavily on the marine and freshwater resources within our Territory to practice our Aboriginal rights. Squamish Nation Reserves and Village Sites 8. Squamish has 24 reserves located throughout our Territory that are extensively used and occupied by our members. 9. Squamish has three reserves located in and at the entrance to Burrard Inlet: Seymour Creek Reserve No. 2 (Ch’ích’elxwi7kw) on the north shore close to the Westridge Marine Terminal, Mission Reserve No. 1 (Eslhá7an), and Capilano Reserve No. 5 (Xwmech’stn). These reserves could be directly impacted by any accidents or malfunctions associated with the Project. Also affected are Kitsilano Reserve No. 6 (Sen̓ ákw) near the entrance to False Creek, and at least three other waterfront reserves in Howe Sound. 10. However, not all Squamish villages in the Project area were designated as reserves. For example, Squamish village sites in what is now Stanley Park were never granted reserve status. Further, Squamish people were removed from certain sites as the City of Vancouver expanded. In 1913, the Squamish inhabitants of our reserve at Sen̓ ákw (Kitsilano IR No. 6) were removed from the site and relocated to the villages of Xwmech’stn (Capilano) and Eslhá7an (Mission) on the north shore of Burrard Inlet. In 1946 our ancestors were compelled to surrender most of that 80-acre IR No. 6 but we have maintained a 10-acre portion of it. 11. There are former Squamish villages adjacent to the marine terminal for the Project, including Temtemixwtn (Belcarra) and Titemtsen (Port Moody), and along the tanker route. Significance of the Project-related marine shipping to Squamish 12. A significant part of the Project, the marine terminal and associated tanker traffic, is to be situated in the heart of Squamish Territory. Burrard Inlet and the Salish Sea are central to 2 Squamish identity and culture. They are also key to the modern economic success of our Nation. 13. The majority of Squamish members live in or near what is now North Vancouver and West Vancouver both on and off reserve within close proximity to the terminal and tanker routes. The majority of those members who live on reserve live on one of the reserves on the north shore of Burrard Inlet. The Squamish Council and main administrative office is at Ch’ích’elxwi7kw – Seymour Creek Reserve across the Inlet from the Westridge Marine Terminal. 14. In addition to this being our home, we rely on our territorial and reserve lands, and the waters and resources adjacent to them, to support our people, culture and way of life, and to practice our Aboriginal rights, including harvesting, cultural, social, ceremonial and governance rights. These areas are culturally and ecologically significant, are vital to Squamish’s livelihood and economy, and are critical to the survival of Squamish people and culture. 15. The Project area contains a concentration of Squamish cultural and spiritual values including multiple burial sites, ancestral villages, habitation sites, traditional transportation corridors and important fish, game and plant harvesting areas. Due to the density and significance of the cultural and spiritual values in the Project area, the lands and waters in this area are very sensitive to further industrial development. The loss of access to, or availability of, the land, waters and resources within this part of Squamish Territory would be devastating to Squamish identity and culture. 16. Squamish would bear the burden of a significant portion of the potential risks and impacts of the Project. The Project would result in a substantial increase in shipping of diluted bitumen in Squamish Territory, increasing the risks of spills or other accidents that would be catastrophic for Squamish people, lands, water, culture and economy. 17. Squamish takes our stewardship role within our Territory seriously. Squamish has actively engaged in rehabilitating the marine environment in the Project area in an attempt to counteract the effects of industrialization. The Project threatens to undermine 3 those efforts by substantially increasing the storage and shipment of diluted bitumen in those areas for an indefinite duration. 18. As detailed below, the Project-related marine shipping, including accidents and malfunctions associated with Project-related marine shipping, has the potential to adversely impact, our people, our lands, our waters, and a wide range of our interests, including: (a) our traditional and contemporary use and enjoyment of our reserves and territorial lands and waters in and around Burrard Inlet and the Salish Sea; (b) our stewardship of the Salish Sea and the existence of marine mammals of cultural importance in the Territory, including orcas, porpoises, seals and seal lions; (c) our access to salmon and other marine/aquatic resources and terrestrial resources relied upon by our members; (d) our ability to harvest these resources from significant and sacred sites; and (e) our use of Burrard Inlet and the Salish Sea as a relatively safe waterway for our paddlers. Squamish Seasonal Round 19. Squamish has extensive traditional use and occupancy sites in Indian Arm, Burrard Inlet and the Salish Sea. These sites illustrate the extensive and intensive nature of Squamish use and occupation of these areas, and the dependency of Squamish culture and identity on the marine and aquatic environment. 20. The geographic location of Squamish village sites and harvesting areas reflects the Squamish seasonal round, which was used to efficiently access the resources in Squamish Territory throughout the year. While most villages remained at least partly occupied throughout the year, and there are numerous permanent village sites, many people moved between winter villages on the Squamish and Cheakamus Rivers to summer village sites 4 on Burrard Inlet, Howe Sound, and the Fraser River to continue harvesting local resources through the spring, summer, and fall. 21. Squamish members continue to practice a seasonal round today travelling throughout our Territory to access a wide variety of resources, and engage in cultural and spiritual activities. Squamish people continue to use our Territory for fishing, hunting, and gathering traditional foods for sustenance, social and ceremonial purposes. However, it is becoming more difficult for our people to access resources as the quality, purity and abundance of resources has been adversely impacted by industrial development. 22. Maintaining access to traditional travel routes throughout the marine environment is critical to maintaining the Squamish seasonal round. Squamish Nation Aboriginal rights and interests 23. Squamish’s distinct system of governance, traditional and cultural practices, spirituality, and harvesting activities are inextricably linked to the lands, waters and resources of our Territory. Squamish continue to use and rely on the resources available in our Territory, in a respectful and sustainable manner. 24. Stewardship and respect for these resources is essential for the survival of Squamish and our distinctive culture. Squamish has a wide set of title, rights and interests that are potentially impacted by the Project. Squamish take our role and responsibility as stewards of our Territory seriously, and wish to protect our lands and waters for future generations.
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