Vantage Pipeline Project Environmental and Socio-Economic Assessment Section 18: Traditional Knowledge Study

Table 18-1

Legislation, Guidelines and Policies Related to First Nation and Métis Consultation REGULATORY GUIDELINES, PERMITS, GOVERNMENT AGENCIES LEGISLATION POLICIES Government of Various  Various  Guidelines are set out in Alberta’s Consultation Guidelines on Land Management and Resource Development (2007) Government of Various  Various  Guidelines are set out First Nation and Métis Consultation Policy Framework June 2010 (2010) Federal Various  The NEB Act  Guidelines set out in (Government of Aboriginal Consultation 1985) and Accommodation:  CEAA Interim Guidelines for (Government of Federal Officials to Fulfill Canada 1992) the Legal Duty to Consult (2008)  Aboriginal engagement and a TKS is a required by the NEB under the CEAA

18.2 Cultural and Historical Setting Individual Aboriginal consultation and TKS are part of a larger political, historical, and cultural framework which is unique for each First Nation and Métis community (Frideres and Krosenbrink-Gelissen 1998, Dickason 2010). Consultation often takes place between communities with very different worldviews and political histories. Recognizing this context is key to successful consultation which can benefit Aboriginal groups and other stakeholders.

18.3 Participating Aboriginal Groups Identifying Aboriginal groups which may be impacted by the Project is difficult. Proximity of the proposed right-of-way (ROW) to reserves or communities cannot be the only measure as it may not engage all interested communities given the modern political landscape does not fully reflect traditional land use. Prior to the signing of treaties and the reserve system, Aboriginal groups had much larger areas of traditional land use (Binnema 2001, Peck 2010). For example, many members of the (Niitsitapi) view the Great Sand Hills as the place where the dead reside (Peters et. al 2006). On Vantage’s behalf, Wynterose has initiated consultation with several Aboriginal groups. These communities were identified based on geographic proximity to the proposed Project, known traditional land use, and precedent. The NEB has notified several additional Aboriginal groups who may be interested in participating in consultation, however, only those listed below have been in contact with Wynterose.

18.3.1 The Cowessess First Nation is located along the Qu’Appelle Valley within the aspen parkland eco-region of east central Saskatchewan, 15 km north of Broadview. Cowessess is signatory to and has a

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Vantage Pipeline Project Environmental and Socio-Economic Assessment Section 18: Traditional Knowledge Study land base of 35,751.7 ha (88,306.7 acres). The First Nation also holds fee simple and treaty land entitlement lands in southern Saskatchewan which is in close proximity to the proposed Vantage Pipeline ROW. This land may be utilized for future economic development opportunities such as a wind farm. Cowessess shares an interest in the Treaty 4 Reserve Grounds 77 with 33 other Treaty 4 First Nations. The Cowessess First Nation has 763 members on Reserve, and 2798 off Reserve for a total of 3561. The Cowessess First Nation is governed by one Chief and eight Councillors. The band administration, infrastructure, Affinity Credit Union and the Last Oak Golf and Country Club provide employment opportunity to the Cowessess First Nation members.

18.3.2 Little Pine The has three Reserves; the main reserve is located 53 km northwest of . Though the Nation was traditionally located in the Region, they were moved and located at the base of Bluehill along the Battle River. Through the Treaty Land Entitlement Framework Agreement (Government of Saskatchewan 1992), the Little Pine First Nation has acquired additional Reserve land within the Cypress Hills region of south western Saskatchewan. In total the Little Pine First Nation holds 24,545.5 ha (61,121.4 acres) of land. The Little Pine First Nation has a population of 1771, with 830 on Reserve and 941 off. Little Pine is signatory to and is a member of the Northwest Professional Services Corporation. The Nation is governed by one Chief and 5 Councillors.

18.3.3 Nekaneet First Nation The Nekaneet First Nation is located in the Cypress Region of south western Saskatchewan and is home to 437 registered members, 200 of which reside on Reserve. Nekaneet is signatory to Treaty 4 and has a land base which is approximately 12,317 ha (36,000 acres) of native uncultivated lands located 121 km southwest of , Saskatchewan. Nekaneet shares an interest in the Treaty 4 Reserve Grounds 77 with 33 other Treaty 4 First Nations and is a member of the File Hills Qu’Appelle Tribal Council. The healing lodge, the Band office, band administration and infrastructure are the primary sources of employment. Through engagement with other oil and gas sector proponents, the Nekaneet First Nation has undertaken some traditional land use studies. These studies have identified the Great Sand Hills as an area of cultural and spiritual significance (Peters et. al 2006).

18.3.4 The Piapot First Nation is located in the Qu’Appelle Valley within the aspen parkland eco-region 30 km north of Regina. The Piapot First Nation has 2087 members, 545 of which reside on Reserve. The First Nation has 13 reserves one of which is urban, making up a total of 14,624 ha (36,121 acres). The Piapot First Nation has Treaty Land Entitlement (TLE) lands within 50 km of the proposed Vantage Pipeline ROW.

18.3.5 Red Pheasant The Red Pheasant Nation is located in the aspen parkland eco-region in the Eagle Hills of west central Saskatchewan 33 km south of North Battleford. has population of 1893, 608 of which reside on Reserve. The First Nation has one reserve consisting of 25,343.2 ha (62,350.7 acres). Their traditional lands span from the Battle River in Saskatchewan south through the Cypress Hills to Rocky Montana. The nation is governed by one Chief and 8 Councillors. On reserve economic development is based in agriculture along with oil and gas. Red Pheasant Cree Nation is signatory to Treaty 6 and is a member of the Battleford Agency Tribal Chiefs Inc.

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Vantage Pipeline Project Environmental and Socio-Economic Assessment Section 18: Traditional Knowledge Study

18.3.6 Siksika Nation The Siksika Nation is located in the mixed grasslands eco-region of Alberta, within . Siksika has approximately 6000 members and consists of 71,087.5 ha (175,586.12 acres) of land and is governed by one Chief and 11 Councillors. The Siksika Nation is a member of the Blackfoot Confederacy who traditionally occupied lands which include the Cypress Hills and the Great Sand Hills. In the Blackfoot tradition, the Great Sandhills have always been an area of cultural and spiritual significance.

18.3.7 Wood Mountain First Nation The Wood Mountain Lakota First Nation is located within the mixed grassland region of southern Saskatchewan and is home to 232 registered members, 15 of which reside on reserve. Wood Mountain Lakota is within the Treaty 4 geographical area however, this First Nation was not signatory to the Treaty. The Reserve has a land base which is approximately 2,376.2 ha of native uncultivated lands located 170 km southwest of Moose Jaw, Saskatchewan. The Wood Mountain Lakota First Nation is governed by one Chief and 4 Councillors. They are a member of the File Hills Fort Qu’appelle Tribal Council.

18.3.8 Métis Nation of Saskatchewan The Vantage Pipeline traverses both Eastern Region III and Western Region III of the Métis Nation of Saskatchewan. The Prairie Dog, Assiniboia #86 and Willow Bunch #17 Métis Locals have also been identified and have declared an interested in the Vantage Pipeline. The Métis have a long oral history of this area and have identified sites of cultural significance, such as cart trails. Many members continue to practice Aboriginal rights and traditional land use.

18.3.9 Métis Nation of Alberta The Métis Nation of Alberta Region III, including the Métis Nation of Alberta Association Local 8, fall within the Project area and have asserted rights in Southern Alberta. Together the Region and Local represent the potentially affected Métis community in Alberta. Métis harvesters have a historic presence in this area and a rich oral history.

18.3.10 Gap Analysis The consultation process is in the early stages and is ongoing. The final methodology and scope will be developed before the 2011 field season. Vantage is committed to the process and anticipates that there will be several meetings, a desktop review of the Project, and some fieldwork with members of various Aboriginal communities. The negotiations will include discussions regarding TKS and various socio-economic considerations important to Aboriginal groups.

18.4 Traditional Knowledge Study Framework

18.4.1 Scope If required, the scope of the TKS will be the subject of consultation with Aboriginal groups from Alberta and Saskatchewan. The consultation process will involve regular conversations (i.e., telephone, individual meetings, open houses and formal interviews) with various Aboriginal representatives. On site visits may also be part of the TKS, however the locations that may require Aboriginal visits have not yet been established.

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18.4.2 Spatial Boundaries The areas in which Project-related activities are expected to interact with or impact the environment form the spatial boundaries of the Project. Three study areas are considered in this assessment:

 Project Study Area (PSA);  Local Study Area (LSA); and  Regional Study Area (RSA). The PSA is the area directly disturbed by project development, including the width of the right-of-way (ROW) and the temporary workspace (TWS). Project developments include both permanent structures such as the pipeline, block valve locations, pump stations, access roads and power lines, as well as temporary works such as contractor yards and stockpile sites. The pipeline will require a 10 m permanent ROW and a 10 m TWS, for a total width of 20 m. Block valve locations will be entirely within the permanent ROW on 20 m x 10 m sites, and will be located at approximately 25 km intervals. Two pump stations, approximately 0.73 ha in size, will be required, one at the Empress Facility at the terminus of the pipeline, and another along the midpoint of the proposed pipeline south of Assiniboia. Additional TWS may be required at drainages, road, railway and foreign line crossings, sidebends, etc. The LSA is the area in relation to the Project where direct interaction with the biophysical and human environment could occur as a result of construction or reclamation activities. For the TKS, the LSA is defined as a 50 km radius from the PSA. The RSA is the area that might be affected on the landscape level where effects may eventually be recognized. For the TKS, the RSA will be defined from information gathered during the Aboriginal engagement process.

18.4.3 Temporal Boundaries The TKS will be part of the baseline, construction, and operations phases of the proposed Project.

18.4.4 Influence of Consultation on the Assessment Nine Aboriginal communities have begun the consultation process. Table 18-2 contains a list of initial contact dates and people. Refer to Section 11 of the NEB Section 52 application for a detailed list of all Aboriginal consultation.

18.4.5 Goals The goal of the TKS is to gather knowledge from Aboriginal communities that can be used to mitigate potential impacts to treaty-rights (i.e., hunting and fishing), traditional land use and to minimize impacts to resources determined through consultation to be significant. The TKS will also augment the environmental component of the Project, recognizing that Aboriginal people have access to information about the landscape and environment that is not accessible to others.

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18.5 References

18.5.1 Literature Cited Battlefords Agency Tribal Chiefs. 2010. Red Pheasant Cree Nation. Website at: http://www.batc.ca/red_pheasant/. Binnema, Theodore. 2001. Common and Contested Ground: A Human and Environmental History of the Northwestern Plains. University of Oklahoma Press. Norman. Cowessess First Nation. 2010. Cowessess First Nation. Website at http://www.cowessessfn.com/. Dickason, Oliva. 2010. A Concise History of Canada’s First Nations. Oxford University Press. Oxford. File Hills Qu’Appelle Tribal Council. 2010. File Hills Qu’Appelle Tribal Council. Website at http://www.fhqtc.com/. Frideres, James S. and L.E. Krosenbrink-Gelissen. 1998. Aboriginal Peoples in Canada: Contemporary Conflicts. 5th ed. Scarborough: Prentice Hall. Government of Alberta. 2007 Alberta’s First Nations Consultation Guidelines on Land Management and Resource Development . Alberta Queens Printer. Government of Canada 1985. National Energy Board Act, C.S.C., (R.S., c. N-7). Ottawa. Government of Canada 2008. Aboriginal Consultation and Accommodation: Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult. Ottawa, Ontario. Government of Canada 1992. Canadian Environmental Assessment Act (c. 37). Ottawa. Government of Canada 2010. Indian and Northern Affairs. First Nations Profiles. Website at: www.inac.gc.ca. Government of Saskatchewan. 1992. Saskatchewan Treaty Land Entitlement Framework Agreement - September 22, 1992 - Schedules 2-6. Queens Printer. Government of Saskatchewan. 2010. First Nation and Métis Consultation Policy Framework June 2010. Queens Printer. Government of Saskatchewan. 2010. Encyclopedia of Saskatchewan. Website at: http://www.esask.uregina.ca/ Government of Saskatchewan. 2010. First Nations and Métis Relations. Website at: http://www.esask.uregina.ca/. Peck, Trevor 2010. Light from Ancient Campfires: Archaeological Evidence for Native Lifeways on the Northern Plains. Athabasca University Press. Peters, Evelyn, Bram Noble, Nancy Karvellas, Karen Thogerson, Kristin Whitehead 2006. First Nations Use and Cultural Baseline Study Report: Great Sand Hills Regional Environmental Study. Great Sand Hills Advisory Council. Regina, Saskatchewan. University of Saskatchewan. 2010. Ecoregions of Saskatchewan. Website at http://www.usask.ca/biology/rareplants_sk/root/htm/en/researcher/tour/index.php.

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