Prepared by Patrick Michell, Kanaka Bar Community Liaison

Thank you for responding to Kanaka’s invitation and coming to the site today.

There is no way that Nlaka’pamux history our Kanaka Bar’s past and our hopes, dreams and aspirations for the future can be communicated meaningfully in a short time frame.

The following pictures and comments are just a snap shot. They are not intended to be controversial and are provided to inspire questions. This document is also intended as a public document and may be shared and cited by any person.

Please ask your questions today, or contact us tomorrow, if anything you see, read or hear triggers any questions at all.

Kanaka Bar Community Liaison

[email protected] Phone: 250-455-2200 ext 225

for November 22, 2012 Site Visit 1 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Kanaka Bar is known traditionally as T’eqt’aqtn (crossing place) and the people who live there are the T’eqt’aqtn’mux (the crossing place people). First contact with explorers occurred in June of 1808 with the passing through of .

From our stories, the first fifty years of contact was not too bad as we traded and sold our foods, tools and wares to the first explorers, settlers and missionaries. Something changed though, it was the finding of in 1857 that generated an influx of new people, people who did not care about the land, the resources and the original peoples. The War was fought and settled in 1858 and then the colony was declared and for the Nlaka’pamux, it was down hill after that.

In 1858, around the time the Fraser Canyon was ending, T’eqt’aqtn was named Kanaka Bar by a colonial gold commissionaire after Hawaiian gold miners working the river.

We are now one of the remaining 16 present day communities that make up the Nlaka’pamux Nation today. Only 3 are shown above.

for November 22, 2012 Site Visit 2 Prepared by Patrick Michell, Kanaka Bar Community Liaison

In 1871, Kanaka jurisdiction over land and resource uses within our community caretaker area was usurped unilaterally by the “divisions of powers” sections of the British North America Act.

By 1876, pursuant to section 91(24), Kanaka membership, land and resource use and jurisdiction was restricted to six reserves totaling 700 acres, 250 of which were subsequently alienated for public rights of way.

Lands adjacent to Kanaka were been allocated to settlers in fee simple, water licenses were granted and mineral rights allocated all the while the Land Ordinance Act made it explicitly clear, Indians were not allowed to acquire ownership of lands and resources, an act that existed until repealed in the 1950’s.

St George’s Residential school located at Lytton was in operation until 1976.

Kanaka land and resource jurisdiction seemingly remains curtailed by the now enshrined 1982 Constitution Act. The Supreme Court of Canada has ruled that aboriginal rights and title exist and that such rights and title are recognized and confirmed in the same Constitution Act. Litigation has now resulted in “consultation and accommodation” requirements.

Kanaka is now receiving referral letters from Front Counter BC asking for our comments on proposed land and resource uses “off reserve”.

We can’t really keep up as “consultation and accommodation” does not mean we also get resources to respond (human, technological, professional or financial).

for November 22, 2012 Site Visit 3 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Much of Kanaka Bar’s culture and traditional land and resource uses survived contact and colonization albeit in a reduced state. Kanaka feels that what was lost can be regained….after all, our ancestors developed a history, language, culture and used land and resources to live without modern day materials and technology.

Membership today seek to balance a traditional lifestyle with modern day wage economy and practices.

Not everyone really wants to return to wearing furs, living in holes in the ground, with no electricity, no running hot and cold water and no toilets.

Its not easy finding the balance.

for November 22, 2012 Site Visit 4 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Chief James Frank has been in Kanaka leadership position since 1975.

By unanimous decision, the Nlaka’pamux Nation is not a participant in the existing treaty process.

Kanaka attempts at addressing localized wrong doings under the specific claims process has produced no meaningful results.

Depending on the federal and provincial government to provide reparation for the past by doing “the right thing” is going to be a long wait. It must be done at some point though.

How then does our community move forward when our past is so heavy on our hearts and on our minds.

By doing something different.

for November 22, 2012 Site Visit 5 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Evelyn Michell was Kanaka’s councilor to Chief James Frank from 1978 to 2009. Together, Evelyn’ and James worked to lay the foundations for a new future.

Evelyn liked to say:

“We are all products of our environment, its when we become aware of this that we can either give up, move away or we can change our environment”

Evelyn’s last leadership request was that 4 new councilors assume community leadership positions as she knew that it would not be long before our first project became a reality and that our leadership burdens would increase.

for November 22, 2012 Site Visit 6 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Applying to the province for a water license is not a popular amongst .

In 1988, a flood of applicants on creeks across BC surfaced when BC Hydro announced an Independent Power Production policy. By the time Kanaka filed its application, 3 other hydro project water licenses were on Kwoiek creek . These first 3 developers were not very interested in a partnership or any type of relationship with Kanaka . The provincial water policy was “first in line, first in right” and consultation and accommodation requirements were in their infancy.

Discussion with these first developers introduced to the community vocabulary “speculators” and “flippers”. It took 10 years to get the province to implement a “use it or lose it” principle.

With a community application in, Kanaka also gathered and wrote up baseline data regarding land, resources and water. Kanaka’s indigenous knowledge about traditional uses land archeological sites was already known.

Kanaka also had the best lands for the powerhouse. Its on “Indian Reserve” land. The Kwoiek project is a hybrid meaning both federal and provincial governments had to be involved in the project review and approval process. This opportunity to engage the governments in a positive way was welcomed by Kanaka who was exasperated at a seemingly endless series of injunctions, rights and title litigations and “talks” and delay tactics.

Kanaka also had community support for doing something different.

With these 4 assets, Kanaka was able to leverage a strong development and then partnership agreement which results ultimately in 100% ownership of the project and its revenues.

What Chief James did was bring something other than “asserted rights and title” to the table.

for November 22, 2012 Site Visit 7 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Covered by CBC and BCTV.

for November 22, 2012 Site Visit 8 Prepared by Patrick Michell, Kanaka Bar Community Liaison

At least 40% of any daily work is been performed by local Nlaka’pamux with another 15% provided by locals from the Boston Bar to Lytton area.

Employment is just a small part of project related impacts. The list of tangible and intangible benefits is quite lengthy.

One day, Kanaka Bar will document and report on what the development, construction and operational effects of this clean energy project on us are. We will foreshadow….residual effects are not negative.

Right now, the economic trickle down effect plus all the smiles on peoples faces and the improvements in community pride, self worth and self confidence is all that matters.

for November 22, 2012 Site Visit 9 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Built and operated by locals with an Austrian supplier and trainer.

for November 22, 2012 Site Visit 10 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Roads are now repaired and will be maintained to industry standard indefinitely.

Long term effect will be to open up previously inaccessible lands and resources for further uses. This can be a double edged sword. Remember “build it, they will come” from Field of Dreams.

Foundational discussion have been laid with the province for a “joint stewardship” initiative within Kanaka community caretaker areas but its still a little too progressive for them right now.

That’s ok, the Nlaka’pamux, the T'eqt'aqtn'mux and the land and resources will still be here.

for November 22, 2012 Site Visit 11 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Degraded forestry bridges are now repaired and will be maintained by the project indefinitely.

for November 22, 2012 Site Visit 12 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Utilizing Kanaka lands comes with some costs.

Arch sites are disturbed, traditional use areas are reduced or lost, access to fishing sites is partially limited, hunting in project foot print area is prohibited and all the fresh construction works well…it looks like a construction site.

All of this was anticipated by Kanaka. The disturbances were approved back in the 2009 referendum. Impacts today for hope and opportunity tomorrow.

The traditional use limitations are temporary and reclamations works are been done contemporaneous to construction so that visible impacts will be reduced sooner, rather than later.

Lost TUS areas plus arch site disturbances are been mitigated and a “compensation swap” is been discussed for adverse residual effects. In effect, the project contemplates a “land for land” deal once the projects “new ground disturbances” have been completed (done) and the chances of any additional land disturbances has passed (seems to be the case).

for November 22, 2012 Site Visit 13 Prepared by Patrick Michell, Kanaka Bar Community Liaison

The pictures speak for itself. 7 kilometers of buried 6’ steel pipe to bring water from intake to powerhouse.

It will be covered, the land reclaimed with no access limitations or adverse residual impacts on traditional uses.

The 4 visible aerial creek crossings will be green to reduce visibility impact.

for November 22, 2012 Site Visit 14 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Lots of work to be done here yet.

for November 22, 2012 Site Visit 15 Prepared by Patrick Michell, Kanaka Bar Community Liaison

From the intake down to the powerhouse, riparian habitat can be impacted by both construction activity and by a reduction of diversion reach “flows” during operation.

To recognize impacts and offset, a 1 kilometer fish spawning and rearing habitat is been constructed above the intake and below the first lake.

No adverse effects on the in stream fish populations is expected during construction and operations. Time, science and good old fashioned fishing will tell if putting in this channel will actually increase the existing fish stocks as the lack of suitable spawning channels, not food, has limited fish populations.

for November 22, 2012 Site Visit 16 Prepared by Patrick Michell, Kanaka Bar Community Liaison

A community membership walk of the full 71 kilometer line is been planned.

Will this become an annual event or even possibly an ecotourism opportunity?

for November 22, 2012 Site Visit 17 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Since February 3, 2012, workers, industry, government and First Nations have been on site to view for themselves what is been done.

Nothing says we are doing it right more than come see for yourself.

Why February 3….that's when pedestrian use of the cable crane was approved.

Long term operational and maintenance access is yet to be solidified but the options have all been identified.

for November 22, 2012 Site Visit 18 Prepared by Patrick Michell, Kanaka Bar Community Liaison

Sustainable use of land and resources does not only have to be a First Nations thing. Designing, constructing and operating a clean energy project so that it has an indefinite life expectancy seems so easy to say but is harder to convince a developer to do.

When is the environment going to start taking precedence over the economy?

Renewable Resource: meaning it replenishes.

David Suzuki told us “the clean energy industry has to have clean hands”.

We take all of the above to mean that designing, building and then operating clean energy projects has to exceed today’s construction standards. The day of meeting minimum standards has to end. This extra effort will come with a financial cost yet can still generate acceptable returns on investment if its done right.

Lets not keep putting all of our eggs into one resource basket and work on building smaller, clean energy sources and projects so that the diversified energy and income streams can off set the chaos when the “big one” goes down.

for November 22, 2012 Site Visit 19 Prepared by Patrick Michell, Kanaka Bar Community Liaison

for November 22, 2012 Site Visit 20 Prepared by Patrick Michell, Kanaka Bar Community Liaison

for November 22, 2012 Site Visit 21 Prepared by Patrick Michell, Kanaka Bar Community Liaison

The Siwash project was originally issued a conditional water license by the Province in 2002. Kanaka participation was nominal as the Developer took stances not supportable by leadership. By 2007, the original developer clearly was not going to complete.

Chad and Ryan approached Kanaka in 2011 and we are now working together to try and get the project re-permitted to today’s standards.

The Clean Energy industry (run of river branch) represents sustainable use of land and resources and the Siwash Creek provides a completely different set of future opportunities for Kanaka Bar (compared to the Kwoiek Creek project).

If re-permitted and once completed, the Siwash Creek project, coupled with the Kwoiek Creek, can be showcase and model for BC First Nations, the industry, the province and for Canada.

For small community like Kanaka Bar, the idea of creating “showcases” and setting standards was certainly not on our minds back in 1990. Today though, if we are in a position to demonstrate what collaboration can accomplish, that's what Kanaka will do.

for November 22, 2012 Site Visit 22 Prepared by Patrick Michell, Kanaka Bar Community Liaison

The sky is the limit in what can be done next by Kanaka. We do want a little water under the bridge before venturing too fast with the next “thing”.

Regardless of what branch of the clean energy industry is pursued, it is imperative that they be done right.

Developers, working with First Nations, can create something practical, useful and affordable. At some point, perhaps first Nations will become the developers themselves.

For now, Kanaka’s future continues to remain uncertain. We do know that it will not be the same as the past. It’s a little scary but we will be all right because we are all doing it together.

for November 22, 2012 Site Visit 23 Prepared by Patrick Michell, Kanaka Bar Community Liaison

If you are proud of the clean energy industry and your project, why don’t you show it.

Distinctive project logo (1 of 2, second logo is visible, just not announced yet).

Usually seen in close proximity to the biggest smiles ever.

Foundational and visionary work started by Kanaka community leadership in 1978 has produced the Kwoiek Creek project; a new relationship between the Nlaka’pamux and today’s government and industry with the possibility of a bright future for tomorrow.

This logo took 47 years to make, 5 minutes to draw, $178.43 to have someone put into a jpeg & pdf format and if you get it….priceless.

for November 22, 2012 Site Visit 24