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Roberts Bank Terminal 2 Panel Submission

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Roberts Bank Terminal 2 Panel Submission Roberts Bank Terminal 2 Panel Submission Cowichan Tribes, Halalt First Nation, Stz’uminus First Nation Cowichan Nation Alliance Cowichan Tribes, Halalt First Nation, ROBERTS BANK TERMINAL 2 PANEL SUBMISSION Stz'uminus First Nation June 6, 2019 Dear Chair Beaudet, Dr. Levy, and Dr. Steyn On behalf of Cowichan Tribes, Stz'uminus First Nation, and Halalt First Nation, please accept our submission to your Panel regarding the potential impacts of the Roberts Bank Terminal 2 (RBT2) project on the culture and livelihood of our communities. As member communities of the Cowichan Nation, and active representatives of the Cowichan Nation Alliance (CNA), our submission to you - the Panel - is part of a sustained effort on our part to ensure and reinforce our asserted Aboriginal Rights and Title, which extend into and beyond the RBT2 project area. How decisions are reached on projects such as these reflect the process and progress of reconciliation, including how the principles of the United Declaration on the Rights of Indigenous Peoples (UNDRIP), Section 35 of Canada's own Constitution Act 1982, and first and foremost our indigenous laws and protocols are upheld. The proposed Roberts Bank Terminal 2 project and the associated vessel traffic have potential to impact the ability of our communities to exercise their Aboriginal Rights to fish and harvest and threatens to further alienate our cultural connection with the land, water, and all living things in the Salish Sea, including the threatened Southern Resident Killer Whales. This submission contains further detail on the impacts this project could bring to our communities and concerns around the methodology of the Environmental Impact Statement used to assess those impacts. We are greatly concerned with both the scientific approach to the assessment as well as the understanding of Indigenous values; assessing a project's impacts is a subjective, value-laden process that requires a deep understanding of what our Aboriginal practices mean to the sustainability of our communities and our culture, and how critical that is to our wellbeing. We ask that you review this submission with an open mind and an open heart, and consider it's impacts in the context of all industrial and vessel activity in the Salish Sea that is impeding our ability to practice our culture. Huy tseep q'u <Original signed by> <Original signed by> <Original signed by> Chief John Elliot Chief William Seymour Chief James Thomas Stz'uminus First Nation Cowichan Tribes Halalt First Nation Page 1 Cowichan Tribes, Halalt First Nation, ROBERTS BANK TERMINAL 2 PANEL SUBMISSION Stz’uminus First Nation Table of Contents 1. Background ........................................................................................................................................... 4 1.1. The Cowichan Nation .................................................................................................................... 4 1.2. Marine Territory ............................................................................................................................ 6 1.3. Community Profiles ....................................................................................................................... 6 1.3.1. Halalt First Nation ................................................................................................................. 6 1.3.2. Cowichan Tribes .................................................................................................................... 7 1.4. Stz’uminus First Nation ................................................................................................................. 7 2. Impacts to Cowichan Nation Aboriginal Rights, Cultural Values, and Traditional Use ......................... 8 2.1. Fishing and the Impacts of Vessel Traffic ...................................................................................... 9 2.1. Q’ullhanumutsun (Southern Resident Killer Whales) and the Impacts of Vessel Traffic ............ 14 2.1. Other Marine Mammals ............................................................................................................. 16 2.2. Marine Harvesting and the Impacts of Vessel Wake Erosion ..................................................... 16 2.3. Shore Birds and the Impacts of the Project Footprint ................................................................ 19 2.4. Ecosystem Integrity and the Impacts of Invasive Species ........................................................... 19 3. Concerns regarding Vessel Incidents, Malfunctions, and Spills .......................................................... 20 3.1. Container Vessel Casualty Measures .......................................................................................... 20 3.2. Spill Response to Heavy Bunker Fuel Oil ..................................................................................... 21 3.3. Shoreline Cleanup for Oil, Hazardous Materials, and Container Debris ..................................... 21 3.4. Financial Risk and Compensation ............................................................................................... 22 4. Concerns Regarding the Assessment Process ..................................................................................... 23 4.1. Project-related marine shipping geographic scope .................................................................... 23 4.2. Cumulative Effects ...................................................................................................................... 23 4.3. Number of Vessels vs. Size of Vessels ......................................................................................... 24 5. Conclusion ........................................................................................................................................... 26 5.1. Governance ................................................................................................................................. 26 5.2. Studies and Monitoring............................................................................................................... 26 5.3. Accommodation .......................................................................................................................... 26 6. References .......................................................................................................................................... 27 Page 2 Cowichan Tribes, Halalt First Nation, ROBERTS BANK TERMINAL 2 PANEL SUBMISSION Stz’uminus First Nation Appendices Appendix A: Cowichan Nation Alliance Declaration for Reconciliation Appendix B: Port Metro Vancouver: Roberts Bank Terminal 2: Cowichan Occupation and Use Page 3 Cowichan Tribes, Halalt First Nation, ROBERTS BANK TERMINAL 2 PANEL SUBMISSION Stz’uminus First Nation 1. Background 1.1. The Cowichan Nation The Cowichan Nation is comprised of the modern-day Hul’qumi’num speaking Indian Bands of Cowichan Tribes, Stz’uminus First Nation, Halalt First Nation, Penelakut Tribe, and Lyackson First Nation. Given the historic cultural and familial ties between the modern-day bands mentioned above, it is common practice for our communities to work together in a variety of combinations on different issues relating to our Aboriginal Rights and Title. As such, this Panel Submission is on behalf of the communities of Cowichan Tribes, Halalt First Nation, and Stz’uminus First Nation as the Cowichan Nation Alliance, while our neighbours Lyackson and Penelakut will be engaging in the Robert’s Bank Terminal 2 process independently, but with our full support. This approach does not detract from our strong history and our strong relationships currently. The historic Cowichan Nation was an aboriginal people, nation or group before at and after the assertion of Crown sovereignty over British Columbia in 1846 (the relevant date for aboriginal title) and European contact in the early 1790s (the relevant date for aboriginal rights). Throughout all of these times, the Cowichan Nation exclusively occupied the permanent village and fishing station of Tl’uqtinus, located on Lulu Island. Our dominant presence at Tl’uqtinus permitted us to engage in extensive and year-round fishing activities, as well as in the full suite of other land-based and water-based activities throughout the surrounding areas, such as hunting for sea mammals, bird hunting, and aquatic and terrestrial plant harvesting. The historic permanent village site of Tl’uqtinus is extensively documented in both oral history and European records. To this end, Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, and Halalt First Nation are currently litigating their Title Claim to the village site location, on behalf of the Cowichan Nation and with support from Lyackson First Nation. The Cowichan Nation Alliance has issued a Declaration for Reconciliation for the Tl’uqtinus village site, outlining the intent to recover Crown-owned Tl’uqtinus lands in order to re-establish a permanent residence on the historic village lands and the associated re-establishment of cultural practices and economic participation (see Appendix A for full Declaration). As a consequence, we have an exceptionally strong and demonstrable aboriginal right to fish, harvest, and hunt the waters at the proposed Roberts Bank Terminal 2 project, specifically in the Local Assessment Area (LAA) and a significant portion of the Regional Assessment Area (RAA), as well as nearby (e.g. the south arm of the Fraser River). For a number of years,
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