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Dene Tha' First Nation Documentary Evidence Re: Hearing Order GH- 2004 VOLUME VII TAB 61 - TAB - 11 - Dene Tha First Nation Documentary Evidence Re: Hearing Order GH- 2004 VOLUME VII Tab 61 to 70 Communi.ons w Government and Federa! Boar (cont. 61. Email from R. Freedman to P. Pacholek dated January 20 2005 regarding JRP role in MGP (1 pg) 62. Letter to The Honourable R. Stevens et at from C. Chonkolay dated January 21 2005 regarding consultation by Government of Alberta on Mackenzie Gas Project (2 pgs) 63. Email to J. Pierce from R. Freedman dated January 26 2005 regarding Dene Tha' and MGP (2pgs) 64. Letter to R. Freedman from P. Pacholek dated January 26, 2005 regarding Information requests (1 pg) 65. Letter to The Honourable A. Scott, Minister from C. Chonkolay dated February 2005 regarding Consultation with Dene Tha' First Nation in the Northwest Territories (2pgs) 66. Letter to R. Hornal from C. Chonoklay dated February 10, 2005 regarding Outstanding Issues Concerning Environmental Impact Settlement (4 pgs) 67. Letter to C. Chonkolay (faxed to J. M. Yeager et al) from R. Homal dated February 23, 2005 regarding Supplemental Environmental Impact Statement (2 pgs) 68. Letter to C. Chonkolay from S. H. Rutwind dated February 7 2005 regarding Duty of the Government to Consult with First Nations (2 pgs) 69. Letter to S. Martin from R. Hornal dated March 8, 2005 regarding Initial Review of Supplemental Information for Northwestern Alberta with attached Round One Information Requests (19 pgs) 70. Letter to The Honourable R. Stevens et al from C. Chonkolay dated March 25 2005 regarding Consultation Between the Government of Alberta and the Dene Tha' First Nation (2 pgs) TAB 61 ------..----------------------------------------------------..-....-------------......-------------------------..-------------..-----.- : ::: :: -,.:::=- -=._-- =:.. tmayer- From: Robert Freedman To: pacholekp (g jointreviewpanel.ca Date: 1/20/2005 2:41 :04 PM Subject: JRP role in MGP Hi Paula. Happy new year. I am hoping that either you, or other members of the JRP, can clarify a few things for me: 1. In conducting the environmental assessment for the Mackenzie Gas Project, as scoped in the Terms of Reference, what power, if any, does the JRP have to impose conditions on the approval , if the approval is granted? In other words, if the JRP determines that certain kinds of mitigation are required, such as in the Dickens or Vardie sections in Alberta, does the JRP have any authority or power to order mitigation or impose conditions? 2. Given that (at present), IORVL is applying for a s. 52 certitifcate for the project in the NWT, and for the bit of pipeline extending over the Alberta border, whereas it is contemplated that NGTL wil be applying for approval of the Vardie and Dickens Lake sections in Alberta before the AEUB, how does the JRP contemplate that the environmental assessment will operate in terms of mitigation or the attaching of conditions, when there are two separate regulators and where, as I undertand, no assessment is required under Alberta legislation. I note that my client does not believe that the project should have two separate regulators, but that is presently the state of affairs. 3. In terms of information requests to IORVL, I know that the JRP wrote to IORVL and raised a number of questions about the EIS, including some of the concerns raised in my November, 2004 letter to you. Do I need to write separately to IORVL to raise those issues, or can I treat the issue as dealt with , on the basis of your letter to IORVL. Thanks Bob Freedman Robert C. Freedman (rfreedman (g cookroberts.bc.ca) Cook Roberts, 7th Floor - 1175 Douglas Street Victoria, British Columbia Canada V8W 2E1 Ph. (250) 385-1411 Fax (250) 413-3300 The information in this em ail and attachments is privileged and confidential and exempt from disclosure. This information is intended only for the use of the individual to whom it is addressed. If you have received this communication in error you are hereby notified that your review, dissemination or copying of this information is prohibited. Please contact our office immediately and destroy the communication. Thank you. TAB 62 , \" ) , ' . ~~~~~~~~~ J;jirl-.' /FIR1:T NATION TELEF', , , '; 0)(t20 iE: (1' Q13 . (1 . (1' (jl;3 FAX: (1 21.$1i' oudile: January 21 2005 Office of the Minister of Justice and Attorney General Alberta Justice 3rd Floor, Bowker Building 9833 - 1 09 Street Edmonton, AB T5K 2E8 Attention: The Honourable Ron Stevens, Q. Minister of Justice and Attorney General Fax: (780) 422-6621 Alberta Department of Energy North Petroleum Plaza 9945 108 Street T5K 2G6 Edmonton, AB Attention: The Honourable Greg Melchin Minister of Energy Fax: (780) 422-0195 Dear Sirs: Re: Consultation by Government of Alberta on Mackenzie Gas Project As you are no doubt aware, an application has been made by Imperial Oil Resources Ventures Limited ("IORVL") to develop and construct a natural gas pipeline system along the Mackenzie Valley, for export of gas to Canadian and U.S. markets (li IORVL has applied to the the Project" National Energy Board ("NEB") for a Certificate of Public Convenience and Necessity to construct the Project. It is our understanding that NOVA Gas Transmission Limited (" NGTL") will be applying to the Alberta Energy and Utilities Commission ("AEUB"), to construct facilties , including approximately 1 OOkm of pipeline in the Dickens Lake and Vardie River areas of northem Alberta , to connect with the Project and with the NGTL system in Alberta ("connecting facil ities In the recent decision of the Supreme Court of Canada in the Haida Nation case Supreme Court of Canada held that both the , the federal and provincial governments must consult with First Nations and accommodate their rights and interests where any decision has the potential to infringe Aboriginal or Treaty rights. The Court made it clear that such rights do not have to be proven in court before the Crown s legally enforceable consultation obligations will arise. The Court also made it clear that the Crown cannot delegate its consultation duties to industry. It is clear that the sheer magnitude of the Project has the significant potential to infringe our rights and interests , within our Traditional Territory in the NWT and in northem Alberta. It is our strong view that the connecting faciliies are part of the Project and, as a result that NGTL ought to apply to the NEB for approval to construct the connecting facilties. However, given that NGTL plans to apply to the AEUB (rather than the NEB) for approval of the connecting facilties, we ask you to respond to the following question: How wil the Government of Alberta consult with our First Nation in respect of the connecting facilties in order to ensure that there is minimal infringement of our rights and interests? Does the Government of Alberta intend to coordinate its consultation with any of the consultation or environmental review processes that are currently being undertaken in respect of the Project, such as the Joint Review Panel Process? We look forward to receiving a response at your earliest convenience. Sincerely yours Cary Chonkolay, Councilor Dene Tha' First Nation cc. The Hon. Pearl Calahasen , Minister of Aboriginal Affairs and Northern Development (780) 427-1321 Neil McCrank, Chairman, AEUB, Fax: (403) 297-7336 Brian McGuigan, Executive Director, Aboriginal Consultation, Ministry of Aboriginal Affairs and Northern Development, (780) 415-9548 Chief and Council, Dene Tha' First Nation Executive Board, Treaty 8 First Nations of Alberta, Fax: (780) 484-1465 TAB 63 ;::: ------------ ------ ---------------- ---------------------~~~ -------------------------------" --- ----------------------------::: ,"."~~~~::=::: ------=," :=', - --=:=::::---- ~~~===::':::::' :::" ::' ::::, ,,-,::: ~~~ -". =:=::::,",,::: eegm.?"Q:: JYt9 i!" ----- Original Message ----- From: "Robert Freedman" -:rfreedman(gcookroberts.bc.ca:: To: -:jon.pierce(gceaa-acee.gc.ca:: Sent: Wednesday, January 26, 20052:00 PM Subject: Dene Tha and MGP :: Jon: :: Further to your request, I am setting out the following question, which :: is of concern to my client, the Dene Tha First Nation. :: 1. Given that the TOR for the JRP includes the Dickens Lake and Vardie :: River portions of the MGP ("connecting facilties ), how can my ciients :: be assured that if the JRP makes recommendations (such as for :: mitigation, etc.) in respect of the connecting facilties, that those :: recommendations can be implemented. :: As I have noted in a previous discussion with you, the question arises :: because, at present, the NEB is of the view that they do not have :: regulatory authority over the connecting facilities. There is :: therefore the problem of the TOR requiring consideration of the :: environmental effects of the connecting facilities, but I am unsure :: about whether any responsible authority or the NEB has the power to :: actually implement any recommendations of the JRP in terms of the :: connecting facilties. :: Your help would be greatly appreciated. ;: Thanks :: Bob Freedman :: Robert C. Freedman (rfreedman (gcookroberts.bc.ca) :: Cook Roberts, 7th Floor - 1175 Douglas Street :: Victoria, British Columbia ;: Canada V8W 2E1 :: Ph. (250) 385-1411 :: Fax (250) 413-3300 :: The information in this email and attachments is privileged and :: confidential and exempt from disclosure. This information is intended :: only for the use of the individual to whom it is addressed. If you have :: received this communication in error you are hereby notified that your :: review, dissemination or copying of this information is prohibited. ,,- .. ""'-" bert Freedman - Re: Dene Tha and MGP 'r' Pa e2 Please contact our office immediately and destroy the communication. Thank you. TAB 64 . ."'.. ~~~ ~~~ '"' ';;"" " ' . :, -' Suite 302, 125 Mackenzie Road O. Box 2412 I\c Inuvik, NT XOE OTO ':J: co:'- Phone: (867) 678-8604; Fax: (867) 777-3105 ww.jointreviewpanel. :31 Robert C. Freedman 05 FEB - 3 "\ 0 Cook Roberts 7th Floor - 1175 Douglas Street ' C"" J , l"'" ' t"1J 11 , ....w , .()C: Victoria, BC \ tS' -.,, V8W 2El Januar 26, 2005 Dear Mr.