By Email August 31, 2018
CEAA Reference no. 65505
IN THE MATTER OF
FRONTIER OIL SANDS MINE PROJECT JOINT REVIEW PANEL
Submission of the ClearwaterRiver Band No. 175 to the Joint Review Panel
Affidavit of FLORA POWDER
Darlene Gladieu-Quinn TRIUNE LAW Terrace Office Tower 833, 4445 Calgary Trail NW Edmonton, AB, T6H 5R7
Submitted to: Frontier Oil Sands Mine Project Joint Review Panel Canadian Environmental Assessment Agency 160 Elgin Street, 22 nd Floor Place Bell Canada Ottawa, ON, K1A 0H3 Email: [email protected] - 2 -
I, Flora Powder, of Fort McMurray, Alberta, MAKE OATH AND SAY:
1. I am a councillor of the Clearwater River Band No. 175 and my sister, Maryann Powder, is Chief. John Malcolm is the Band Manager. We will be present at the hearing to give evidence on these matters.
2. My sister and I are status Indians as defined under the provisions of the Indian Act. We represent the living members of the Clearwater River Band #175. We obtained this authority through members who can connect their ancestry to the paylists of the Band. Descendants must provide conclusive proof supported by birth certificates, baptismal certificates, marriage certificates and other genealogical supporting governmental documentation to prove ancestry. Membership application forms clearly state that the applicant member provides us with the necessary authority to represent the collective Aboriginal and Treaty rights of the Clearwater River Band.
3. We have taken steps of filing litigation in the Federal Court in action T-436-15. Attached as Exhibit "A" is the Statement of Claim, filed. An application by Her Majesty the Queen in right of Canada to strike the Statement of Claim was dismissed, the Order of which is attached as Exhibit "8".
4. Jean Powder, one of the Plaintiffs in our action, filed evidence regarding our claim in the form of an Affidavit sworn October 25, 2016, filed in action T-436-15, which is attached as Exhibit "C".
5. Jean Powder was cross examined on this Affidavit with an interpreter during a Special Hearing before the Federal Court on March 20, 2018:which was video taped. I have the DVD's from the Hearing in my possession and will be bringing these to the joint panel hearing. Attached are transcripts from the hearing which have been done for the purpose of presenting our position in the Frontier Oil Sands Mine Project application, and for ease of reference, attached as Exhibit "D".
6. Jean Powder testifies that she moved to Uranium City during the 60's and ?O's. Uranium City is on the mid-east end of Lake Athabasca and overall, about 172 km from Fort Chipewyan. This is basically the same broad area where Jean had trapped as a child and certainly the Frontier/Teck Mine is where she trapped as a child until she married. She testifies as to the hunting, trapping and fishing in the area from birth in 1929 until easily the 1980's.
7. Jean Powder further testifies that she lived on the Clearwater lf¥:lian Reserve until 1952 with her family where she hunted, fished and trapped. She also attests that there is a graveyard area that has not been maintained and needs to be protected and restored. - 3 -
8. Jean Powder is available to give evidence at the hearing before the Joint Panel. She will need an interpreter who speaks Plains Cree.
9. Attached as Exhibit "E" is a Geological Report on the Bitumen Potential of the Clearwater #175 Indian Reserve conducted on October 30, 1968 which supports our claim for royalties the Band is entitled to from industrial activities and their proponents.
1 O. I make this Affidavit in support of our objection to the approval of the Frontier Oil Sands Mine Project, or, in the alternative, that Teck Resources Ltd. be directed to resolve all of the unresolved and serious issues regarding the development of the Frontier Oil Sands Mine Project on our Traditional Lands, as outlined in our Submission. 0
SWORN BEFORE ME at the City of ) FortMcMurray, in the Province of Alberta, )
Christine M. Burton Barrister & Solicitor NotaryPublic Commissioner for Oaths in and for the Provinceof Alberta THIS IS f:XHIBIT "A" IN THF, AFFIDA VJT OF FLORA POWDER SWORN Christine M. Burton AUGUST M, 2018 Barrister& Solicitor
FEDERAL COURT
MARY ANN POWDER, .JEAN POWDER, ELMER CREE, FLORA POWDEH., ALLAN AND FLOYD POWDER AND THEIi{ CHILDREN AND THE CHILDREN OF LILA POWDER LAFONTAINE, all of the living members of the PAUL CREE BAND (also called the Clearwaterl{iver Band #175) Plaintitls and
HER MA,JESTY THE QUEEN IN RIGHT OF CANADA and HER MA,JESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT and FORT McMURH.A Y FIRST NATION
De fondants
STATEMENT OF CLAIM
TO THE DEFENDANTS:
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting foryou are required to prepare a statement of defencein Form 171 B prescribed by the Federal Courts Rules and serve it on the plaintifi'ssolicitor or, where the plaintiffdoes not have a solicitor, serve it on the plaintiff,and fileit, with proof of service, at a local otlice of this Court, WITHIN 30 DAYS alter this statement of claim is served on you, if you are served within Canada.
If you are served in the United State of America, the period for serving and filingyour statement of defenceis fortydays. If you are served outside Canada and the United States of America, the period for serving and filingyour statement of defenceis sixty days.
Copies of the Feder11l Courts Rules, informationconcerning the local otlicesof the Court and other necessary informationmay be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any locate office. - 2 -
IF YOU FAIL TO DP,FEND Tl IIS l'ROCEFDING, juJgment may be given against you in your nbsence anJ without further notice to you. GINAL SIGNED BY March 23, 2015 ORI BONNIE SUTER OFFICER lssucJ by: REGISTRY Registry Oflicer
AdJrcss of local orticc: EJmonton Scotia !'lace Tower I Suite 530, I 0060 Jasper A venue EJmonton, i\8 TSJ 3R8
TO: 1 lcr Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal i\tlairs and Northern Development i\NDTO: Port MeMurray First Nation
I HEREBY� lhatthe above document IS atrue copy al theor1gln� of I filedIn 111eCoort the on ___ MAR 2 3 2015 dayol______A.O. 20_
llaledthfs dayar MAR 2 3 21m_ 2Q__
BONNIE SUTER REGISTRY OFFICER - 3 -
CLAIM
I. The Plaintiffs arc all the living descendants of the Paul Cree !land (Clearwater River
Band No. 175) and arc all Cree and Chipewyan peoples and tL� such "Indian" within the meaning of section 91(24) of the Constitution Act, /867, the Imperial Order-in-Council of June 23, 1870, the Cons/i/11/ion Act, 1870, and are aboriginal persons within the meaning of the Constitlllion Act, I 982.
2. Paul Cree had two wives with two boys who lived, Alexis, son of the first wifo and Raphael Cree, son of the second wife. The two families (Alexis and Raphael's families) made up the membership of the original Paul Cree Band (Clearwater River Band No. 175) whose Reserve No. 175 originally stated to be in Township 87, Range 7, West of the 4U• Meridian was actually located in Township 88, Range 7. West of the 4th Meridian comprising 2,261.80 acres, was set aside by Privy Council Order 1570 dated May 12, 1921, having been surveyed in I 915 and 1916. Reserve No. 175 covers portions of Sections 27, 26, 25, 22, 23 and 24 of Range 7.
3. Raphael Cree, son of Paul Cree, married Louise May and had three children, Louise Cree who was raised by her Aunt and was placed in an institution in Ponoka, Jean Cree (Powder) born in April, 1929 and Elmer Cree born in January, 1932. Elmer Cree has not had any children. Jean Cree (Powder) has had five children, Lila who is now deceased, Allan, and Maryann (fatherof Lila, Allan and Maryann was Benny Powder, a Non-Status Indian), and Floyd and Flora (father of Floyd and Flora was George Powder, a Bill C-31 Indian). Lila, Allan, Maryann, Floyd and Flora all have children and grandchildren.
4. Alexis Cree was married to Mary Martin and had a daughter, Margaret. Margaret had four children of which two children lived, Maggie White and Alec Cheecham. Maggie White had one surviving child, Alvin White. Alec Cheecham did not have any children.
5. Alexander Cree, brother of the Chief of the Paul Cree Band (Clearwater River Indians), had a firstwife, Mary and at least some children one ofwhom·was Julian Cree, who was raised by Caroline Thompson afterAlexander Cree and his wife, Maryhad died. . 4.
6. !\Iler !\lexanJer Cree's lirst wile. Mary dieJ, Caroline Thompson marrieJ !\lcxanJer Cree (No. 4 on the Fort McMurray/Fort McKay llanJ l'aylist from 1899 until 1911). on !\ugust 4. I 90J. !\lexam.lcr Cree died in 1911 with one child. Joseph Cree who was sent to the lnJustrial School in ReJ Deer and nothing fort her is known of him, and two other ehilJren both named William who JieJ in early childhooJ. Caroline Thompson Cn:e was listed on the l'aylist until 1915.
7. l'aul Cree, Raphael Cree, anJ !\lexis Cree applied for their lunds in severalty anJ received this fonn of treaty entitlement with Raphael Cree taking over the 4uarter section of land owned by Caroline (Thompson) Cree Malcolm and Henry Malcolm by the actions of the R.N.W.M.P. and/or Indian !\!fairs in the Clearwater Indian Reserve No. 175 set aside by l'rivy Council Order 1570.
8. Throughout the y�ars from 1921 until at least the 1970's, Indian !\ffairs Canada (now !\boriginal Affairs and Northern Development) dealt with all of the Indians in Northeastern !\lbertaas the Cree-Chipewyan Band and paid their treaty payments at Fort MeMurray.
9. When Paul Cree and Raphael Cree's older stepbrother died, they were buried on the Clearwater Indian Reserve No. 175 No. 175 anJ other relatives have been buried on the Clearwater Indian Reserve No. 175. This graveyard area has not been maintained as a result of the actions of Indian !\ffairs and their approach since the I 960's that the Clearwater Indian Reserve No. 175 No. 175 was a Reserve of the Fort McMurray First Nation. This cemetery needs to be protected and restored and the Plaintiff sue for a Declaration that Canada owes an obligation to preserve this graveyard.
I 0. In late 1948, J. W. Stewart, Indian !\gent at Fort Chipewyan, was requested to obtain a surrender of the petroleum and natural gas and mining rights of the Clearwater Indian Reserve No. 175 and a document was purported to be signed by Alexis Cree, Leon Cheecham and Raphael Cree as the Chief and Principal men of the Clearwater Band. Raphael Cree denied signing this document and he never signed with a "X'' using a"+" as his signature. Leon Checcham was not a member of the Paul Cree Band and his purported signature did not bind the Paul Cree Band. 1\llcr i\lcxi Cree died, Raphael Cree was the Chief of the Clearwater until he dicd al 109 years of age. In any event, Canada has agreed lhal the surrender of petroleum and natural gas and mining rights for the Cree-Chipewyan Band (now Fort McMurray Band (Orcgoiru Lake), Chipewyan Prairie First Nation and the Fort McKay Band) which occurred at the same time, arc invalid.
11. Oil Sands I ,cases have been given over the Clearwater Indian Reserve No. 175 and damages from the oil and gas and mines and minerals activities and developments have occurred on these lands since 1950. The Plaintiffs claim for these damages for an invalid surrender and wrongful developments and extractions ot; inter alia, oi I and gas, bitumen and gravel, on the Clearwater Indian Reserve No. 175.
12. Even though there was this recognition by Indian Affairs obtaining a purported surrender of certain sub-surface rights, Indian Alfairs continued to deal only with the Cree Chipewyan Band until there was a division of the administratively created Cree Chipewyan Band into the FortMcMurray Band (Gregoire Lake), Chipewyan Prairie First Nation and the Fort McKay Band with Reserves designated by Privy Council Orders in 1954.
13. In or about 1972, the Chipewyan Prairie First Nation was divided out of the Fort McMurray Band with three Reserves. Subsequently, Indian Affairs has dealt only with the Fort McMurray Band (Gregoire) and not with the Clearwater River Band to whom the Reserve No. 175 was designated. River Lot #5 in Fort McMurray was surveyed for the Cree-Chipewyan Band by Indian Affairs and maintained for several years but never fully designated.
14. No Band development has occurred on Reserve No. 175 breaching the provisions of Treaty No. 8, even during the years until the late ! 940's when Jean and Elmer Cree lived on Reserve No. 175 with their parents, including, inter a/ia, no housing has been provided, no hoes, spades, scythes, hay forks, ploughs, harrows, horses or oxen, potatoes, barley, oats, or wheat, cows, bull, mowing-machine, reaper, ammunition or twine, no - (, -
teacher or education has been provided, no limding lc,r governance has occurred. no health focility or health workers have been rrovidcd. no social services have been rrovided, no carital rrojects have been develorcd. no rrorer access method has been rrovidcd including no roads, no agricultural imrlements have been rrovided nor economic devclorrnent has occurrecJ, or any other service rrovided lo Reserves pursuant to 1)·ealy No. 8 and the rolicies of Indian i\ffairs now Aboriginal Affairs, Canada.
15. As a result of the actions of lncJian Affairs, Jean Cree Powder was forcecJ to live at Cree Flats, Waterways, Fort McMurray and then in the I 970's her family, ancJ others living on River Lot #5 in the Snye, in Fort McMurray(maintainecJ by Indian Affairs) were forced out of their homes, suffering damages as the result of having their homes taken from them.
16. Over the years, only Elmer Cree of the Paul Cree Band was permitted to live on the Fort McMurray First Nation Reserve No. 176B for several years however, most of the members of the Paul Cree Band have been denied housing or Band benefits by the Fort McMurray First Nation (Gregoire Lake).
17. The Fort McMurray First Nation (Gregoire Lake) now knows that the Clearwater Reserve No. 175 is not their Reserve and in or about May 16, 2013, held a meeting and signed a Band Council Resolution requesting that the Clearwater Reserve No. 175 for the Paul Cree Band, be noted as a separate Band however they did not undertake any research into who the descendants of the Paul Cree Band are, and in error provided this Band Council Resolution to Bernadette Dumais who is not a descendant of Paul Cree or the Paul Cree Band (Clearwater· River Band No. 175). Following that meeting held on or about May 16, 2013, the Fort McMurray First Nation has clone nothing to advance the recognition of the Paul Cree Band (Clearwater River Band) to their Reserve No. 175 and to the appropriate compensation for the breaches by Aboriginal (Indian) Affairs in carrying out the terms of Trea(YNo. 8 since I 921.
18. Chief Maryann Powder is the Chief of the descendants of the Paul Cree Band and discussions have been held with Indian Affairs including a letter dated June 13, 2014 to - 7 -
the I lonourable llernard Valcourt, Minister of Aboriginal Alfairs and Northern Devcloprncnt however no action has been taken hy Aboriginal A lfoirs, Canada to resolve this situation, to restore the Clearwater Indian Reserve No. 175 to the Paul Cree Band (Clearwater River Band) and to pay damages for all of the breaches of 71-eaty No, 8, since 1948.
I 9. The Fort McMurruy First Nation appears by the notes of a meeting held on May I 6, 2013 to be willing to correct this situation however, the Fort McMurray First Nation has since that meeting neglected or refused to correct the governance or the Clearwater Reserve No. 175 and to assist to obtaining compensation for the breaches of Treaty No. 8. by Aboriginal Affairs, Canada.
WI IEREFORE Tl IE PLAINTIFFS CLAIM AGAINST Tl IE DEFENDANTS: a. A Declaration forthe return of their Reserve Lands of the Clearwater Indian Reserve No. 175 wrongfully taken fromthem; b. A Declaration of recognition of the Paul Cree Band (Clearwater River Band) as a separate IJand from the Fort McMurruy First Nation and to record the Clearwater Indian Reserve No. 175 as the Reserve of the Paul Cree Band (Clearwater River Band); c. An Order correcting of the records of Aboriginal AtfoirsCanada to restore the Band List forthe Paul Cree Band (Clearwater River Band) composed of Elmer Cree, Jean Cree Powder and her children, Lila Powder Lafontaine, for her children and grandchildren, Allan Powder and his children and grandchildren, Maryann Powder and her children and grandchildren, Floyd Powder and his children and grandchildren, and Flora Powder and her children and grandchildren; d. An Order directing Aboriginal Affairs Canada to restore the graveyard on the Clearwater Indian Reserve No. 175; e. Damages of $25,000,000.00 for the invalid surrender of the petroleum and natural gas and mines and minerals including gravel, of the Clearwater Reserve No. 175 and for the activities carried out on that Reserve since 1948; t: Damages for breaches of Treaty No. 8 in the amount of $100,000,000.00 in failing to fulfillits terms for 94 years; g. Damages of $10,000,000.00 forloss of funding fromAboriginal (Indian) Affairs Canada; h. Interest as prescribed by law; - 8 - i. Solicitor-Client Costs tbr this nction;
J. Such further an Tl !IS STATEMENT OF CLAIM is DATED at the City of Edmonton, in the Province of Alberta, thiLm DA VIS, Per: I HEREBY CERTIFYIha! abovethe aocumentIs a ttue copyol Priscilla Kennctly the originalout�• Issued court on the_ __ Solicitor for the Plaintiff dayd, ______MAR 2 3 2015 __ A.D. 20_ # 120 I Scotia 2 Tower, I 0060 Jasper Avenue MAR 2 3 2015 Eurnonton,AB, TSJ 4E5 Datedthis- day0/ ______2o__ Federal Court • Cour federale Date: 20160816 Docket: T-436•15 Ottawa, Ontario, August16, 2016 THIS IS EXHIBIT "B" IN THE AFFIDAVIT OF FLORAPOWDER SWORN AUGUST ....'2..!__, 2018 PRESENT: The HonourableMadam JusticeM1:Veigb A Commissioner of Oaths in BETWEEN: and for Alberta MARY ANNPOWDER, JEAN POWDER, Christine M. Burt0/1' Barrister & Solicitor ELMERCREE, FLORA POWDER, Notary Public Commissioner for Oaths In and ALLAN AND FLOYDPOWDER AND for the Province of Alberta TJIEm CHILDRENAND THE CHILDREN OF LILA POWDER LAFONTAINE, ALLOF THELMNG MEMBERS OF THE PAUL CREE BAND (ALSOCALLED THECLEARWATER RIVER BAND #175) Plaintiffs and HERMAJESTY THE QUEEN INRIGHT OF CANADAAND HER MAJESTYTHE QUEEN IN RIGHT OF CANADAAS REPRESENTED BY THEMINISTER OF ABORIGINAL AFFAIRSAND NORTHERN DEVELOPMENTAND FORT MCMURRAYFIRST NATION Defendants ORDER UPON Her Majestythe Queen rightin of Canada(the "Applicant" in this motion) ["Canada"],bringing a motion seeking an order striketo the Paul Cree Band's Statementof This fax was received by DLA Piper (Canada) LLP's fax server and has a Pacific Time Zone timestamp. From: 6139432754 Page: 3/12 Date·, 16/08/2016 11 :50:09 AM Page:2 Claim, asprovided for by Rule 221(1) of the Federal CourtsRules, SOR/,8-106 [the Rules], thereby disposing of the cause of action; AND UPON hearingthis motionin person in Edmonton, Alberta, on May 24, 2016; AND UPON further written submissions filed afterthe hearing regarding costs; [1] Canada, the Defendant in the action and Applicanton the motion, takes the positionthat MaryannPowder et al["Paul Cree .Band"], the Plaintiffs in the action and Respondents on the motion, are cstopped from bringingFederal Court Action No. T-436-15. Canadaalleges thatthe Statement of Claim filedby the Paul Cree Banddiscloses the same causes of action that were previously pleaded and dismissedby way of a Consent Dismissal Order inFederal CourtAction No. T-,�6-99 [First Action]. [2] Canada submits that thepleading be struck out on the ground that it: (a) discloses no reasonable cause of action; (b) is scandalous, frivolous or vexatious; or (c) is otherwise an abuse of the process of this Court. [3] I believe that the motion should be dismissed for the reasons thatfollow. L Background [4] ln 2003, c•unsel forthe Paul Cree Band in the First Action advised counsel for Canada beforeexaminations fordiscovery were held that he had received instructions to discontinue the This fax was received by DLA Piper (Canada) LLP's fax serverand has a Pacific Time Zone tlmestamp. From: 6139432754 Page: 4/12 Date: 16/08/201611:50:10 AM Pag�: 3 action w1d requested Canada's consent. The Paul Cree Bani's legal counsel told Canadathat the instructions 1.�m the Plaintiffs were to discontinuethe action because the Plaintiffs were without funds to continue the litigation, [5] Counsel for Canadaadvised that consent was not required to file a noticeof discontinuw1ce, Further and more importantto this matter, Canada'scounsel said they were $ceking instructions to claim costs against thePaul Cree Bandif the First Action was discontinued. [ 6] Counsel for the Paul Cree Band clarifiedthat he was requesting "consent to a discontinuance with each side bearing their own costs." [7] Counsel forCanada would not consent to a discontinuancewith the parties bearing their own costs. Counsel forCanada indicated that a simple discontinuancewithout costs "would n.oi prevent some, or all of [the plaintiffs], from launching anaction at a future time withrespect to the issues raised in (the] statement of claim." She thenproposed a consent order dismissing the action witheach party bearing its own costs, notingthat '' [i]n doing so, those issues would then be res judicata." With a consent motion before him, ProthonotaryHargrave of the Federal Court on Febniary 12, 2004, ordered that the "action be dismissed wiLli.each side bearing its own costs" [Consent Dismissal Order]. [8] Some sixteen (16) years later, Federal Court Action No. T-436-15 was filed on March28, 2015 [the Second Action]. The named Plaintiffs are: MaryannPowder, Jean Powder, Elmer This fax was received by DLA Piper (Canada) LLP's fax setver and has a Pacific Time Zone timestamp. From: 6139432754 Page: 5/12 Date: 16/08/2016 11 :50:10 AM Page: 4 Cree, Flora Powder, AJ!an and Floyd Powder, andtheir children and the chlldren of Lila Powder Lafontaine, all the living members of the Paul Cree Ban« (also called the ClearwaterRiver Band # 175 ). At the hearing, counsel for the Plaintiffs conceded the Plaintiffs in this action meet the criterion of"b) the partiesto the subsequent litigation must have been partiesto or privy with the partiesto the prior action;" set out in Beattie v Canada, 200 I FCA 309 at paragraph 19, for cause of action estoppel. II. Issues [9] In accordance with Rule 221, Canadasubmits that the issues to be decided in this motion are whether the Second Action should bestruck on the groundsthat thedoctrine of res Judicata specifically acli•n estoppel applies asit is a collateral attackon anorder of this courtand is an abuse of process as " ... it offendsthe integrity of the administrationof justice." Canadaasks that the action be struckon the groundsthat it: • Discloses no reasonablecause of action-Rule 22l(l)(a); • Is scandalous, frivolousor vexatious - Rule 22l(l)(c); or • Is otherwise anabuse of process - Rule 221 (l)(i) [JO] Fort McMurray First Nation [FMFN] has been named as aco-Defendant in the Second Action and supportsthe motion of Canadato'strike the pleadings of the Paul Cree Bandin the matter. m. Abuse of Process J. l l J Canaaasubmits that it is an abuseof process forthe Paul Cree Band to twice sue Canada forthe same cause (B/11:ckv Creditors ofthe Estate Nsc Diesel Power Inc, 183 FTR 301 a.tpa.ra This fax was received by DLA Piper (Canada) LLP's fax serverand has a Pacific nme Zone timestamp. From: 6139432754 Page: 6112 Date: 16/08/201611:50:10 AM Page: 5 11). Canada notes that thedoctrine of abuse of process is unencumbered by the specific requirements of resjudicat11 and submits that re-Jitigafam alone is sufficientt• give rise to abuse of process and "ii cannot be said that any additional element of misconduct is required" (Sanofi Avent!s Canada Inc v N•vopharm Ltd, 2007 FCA 163 at para 43 [Sanofi]). [12] The doctrine of abuse of process has itsroots in a judge's inherentand residual discretion to prevent abuse of the coirrt'sprocess, and may be established where: (l) the proceedings are oppressive or vexatious;and, (2) violate the fundamental prindples ofjustice underlyingthe community'ssense affair play anddecency (Toronto (City) vCUPE, Local 79, 2003 SCC 63 at para 35 (CUPE]). [13J However, not all instances ofre-litigation will impeach the integrity of thejudicial . system. There are many circ�stancesin whichthe baragainst re-litigation,either through the doctrine ofresjudtcata or that of abuse of process, would create unfairness; therefore, it can be understoodthat the discretionaryfactors that applyto prevent the doctrin.e of issue estoppel from operating in anunjust or unfair way are equally available to prevent the doctrine of abuse of process from achieving a similarundesirable result (CUPE, above, at para 52). [14] The correspondence exchanged priorto the issuance of the Consent Dismissal Order indicates that counsel forthe Paul Cree Band originallysought to discontinue the action with each party bearingits own costs. The reason for theysought the discontinuous at this earlystage of the proceedings was due to thePaul Cree Band'slack of funds. However, as noted in the correspondence, counsel for Canadarecogni:;1ed that�imp a le discontinuance would not prevent This fax was received by DLA Piper (Canada) LLP's fax se,ver and has a Pacific 11meZone timestamp. From: 6139432754 Page: 7/12 Date: 16/08/201611:50:11 AM Page: 6 .representativesof the Paul Cree Bandfrom launchinga future actionwith respec( to these issues. As a resu[(, counsel for Canadaostensibly agreed to bearits own costson the condition that a consent judgment fordismissal is requestea in lieu of a discontinuance; the effectof which would render the issues arisingin the First Action resjudicata. While counsel forthe Paul Cree Bana seemingly indicated a reluctance to agree to the consent jud1-,wentfor dismissal, he d.id eventually file amotion to this effect. [15] Canadapresented me with stront;detailed argwnentsof why I should strike !be Second Action. I agree that the Consent Dismissal Order is a final decision of this Courtand fur(her agree tha( if counsel forthe Paul Cree Band in the First Action did not have the proper instructionsfrom the Plaintiffsbecause theynow allege it was a representative action,the Plaintiffs should have soughtto have tho judgment lawfullyquashed. [16] However, in light of theforegoing facts, 1 believe that this is a situation where the abuse of process doctrine shoul• not beinvoked to strikethe Statement of Claim. The merits of this action need tt bedetermined. I agree with the Paul Cree Bandthat it appears that Canadatook advantageof the poverty of the Plaintiffs inthe First Action to try to ensure tha( a long resolved aboriginal claim wasquickly disposed ofby the dismissalat an early stage in the litigation. The , substances of the claims advanced by the Paul Cree Band have never been properly heard. I am of the view that the application of either theresjudicata or abuse of process 4octrines would create an injustice inthis instance(D•nyluk v Ainsworth Technologies, 201 l SCC 44 at para80 [Danyluk]). This fax was received by DLA Piper (Canada) LLP's fax server and has a Pacific Time Zone timestamp. From: 6139432754 Page: 8/12 Date: 16/08/201611:50:11 AM Page: 7 [17] I will not strike this actionas an abuse of process as in theadministration ofjus\ice it would be unfair to do so as thePlaintiffs wishedto discontinue the action only becau.s� they had no funds to continue. The Plaintiffs requested the discontinwmce at an early stage in the proceeding, beftre the examination for discovery process be�anand only consented to the dismissal to avoid the Motion forcosts that the Plaintiffs saidthey would seek against them. The Plaintiffs alreadyhad no money to continue the litigation and were leftwith little tptlons but to consent to a dismissal. To date the merits of thisaction have not been examined by the parties at examinations for llliscoveryor by the Courts. [ 18] In exercising my discretion, I believe that this is an exceptional instancewhere applying the abuse of process doctrine inorder to strikethe Paul Cree Band's Statement of Claim would create unfairness, [ 19] Even thoughI believe thisis the detennloativeissue, I will comment briefly on other issues raised by Canada. [V. No Reasonable Cause of action [20] Relying on the tloctrineof res judic11111, Canadaar gues that the Paul Cree Band is estopped from bringingthe same cause of action that was previously brought and dismissed by way of the Consent Dismissal Order fromthe First Action. This fax was received by DLA Piper (Canada) LLP's fax server and has a Pacific Time Zone timestamp. From: 6139432754 Page: 9/12 Date: 16/08/201611:50:11 AM Page; 8 [21] Canadaacknowledges that there has been no adju«icationon the meritsof the issues raised inthe First Action, but argues thatthe doctrine of res judic•t• also operates to prevent re litigation where the cause of action is the same (Innes v Bui, 2010 BCCA 322 at para 19). [22] The Plaintiffsargued that the claims of the Paul Cree Band have never been properly heard anti the application of res judicata or issue estoppel creates anirtjustice (Danyluk, above, al para80). [23] The test to strike out pleadings is whether it is "plain and obvious" that the claim discloses no reasonable cause of action (Hunt v CareyCan Inc, [199t] 2 SCR 959). The onus of proof on the party seeking to strikepleadings is a heavy one (ApotexInc v Syntcx Pharm«ceutlc«ls International Ltd, 2005 FC i310, affd2006 FCA 60), (24] 'w'here a party requests that a pleadingbe struckfor failing to disclose a reasonable cause of action, no evidence is admissible; the Courtwill simply look at the pleading on its face (C•n•d• (AttorneyGeneral) v InuitTapirisat of Canada, [1980] SCJ No 99). [25] I to not agree withCanada's submissionson this issue. Fu.rthennore,in relying on the argumentthat the issues whichunderpin the Statement of Claim arcresjudicata, Canata introduces, by way of affidavit, evidence relating to the First Action, l believe that this is contrary te the rulein Inuit Tapirisal, above, which prohibits the introductionof evidence when consideringwhether a pleadingshould be struckfor failing to disclose a reasonable cause of action. This was recently confirmedby the Federal Court in NOV Downhole Eurnsia Ltd v TLL This fax was received by DLA Piper (Canada) LLP's fax serverand has a Pacific TTme Zone timestamp, From: 6139432754 Page: 10/12 Date: 16/08/2016 11:50:12 AM Pagc:9 •ii Field Consulting, 2014 FC 889 atparagraph 21, where it was held that when considering a motion under Rule 22l(l)(a), the Courtis limited tothe language in the pleaaingsand it cannot consider any evidence in support of a motion to strike. (26] Fr()m reading the pleading on its face, I findthat the Paul Cree Band's Statement of Claim in the Second Action does disclose a reasonablecause of action: the Statement of Claim allegesmaterial facts against Canada(Chava/i v Canada, 2002 FCA 209) ant sets out et1ective relief which it seeks to recoup (We/ten v Canada, [1993] 1 CTC 2, aff'd (1995] lCTC 25 (FCA)). A chart of the material facts as they relate to the cause of action listed in the Statement of Claim arcfound in the annexto Canada's \.m.ttenrepresentations. The relief sought by the Paul Cree Ban•is clearly set out on pages 7-8 of the Statement of Claim. V. Scandalousand frivolous - Collateral Attack [27J Canadaargues that " ...... the Paul Cree Bandis attempting to re-litigate matters alreadysettled by court order anddiscount the authority of this Court'sprevious judgment in this matter." I•• not findthat thisis a collateralattack on the courtorder as Ifind this issuefactually lirtkeato the deteUT1inativeissue of abuseof process. VI. Costs f28) Counse.1 for the partiesprovided writtenarguments and draftbills of costs post hearing. Jn·the nonnal course, costs wouldbe granted to the successfulparty. This fax was received by DLA Piper (Canada) LLP•s fax server and has a Pacific Time Zone timestamp. From: 6139432754 Page: 11112 Date: 16/08/2016 11 :50: 12 AM Page: 1e [29] Costs can be awardedagainst the successfulparty but only on exceptional circumstances: [I J Costs may be awardedto anunsuccessful litigant in rare and exceptional cases. The 11uestionhere is whether thisis one of those rare and exceptional cases. Aftermuch consideration, I findthat it is .... [l3] Awarding costs to anunsuccessful applicwit even in cases where there areimportant public interest dimensions is "highly unusual" andonly permitted in ''veryrare cases."[8] Examplesare few and farbetween. Indeed,both sides agree that costs have been awardedto anunsuccessful constitutional litigantin only a handful of ca5es. Thompson v Ontario (Attorney General), 2013 ONSC 6357 [30] I will not award costs on thismotion againstthe unsuccessful litigant(Canada) because this matter was of public interestto be broughtbefore the court by Canada. [311 Afterlengthy consideration, I will not order costs against the successful litigantas even though it was anunusual case, Ido not believe it rose to thelevel of a very rareand exceptional matter. [32] I will order that the partiesprovide the courtwith a c,nsent timetable regarllingthe nex( stepsof the litigation on or before September 29, 2016. This tax was received by DLA Piper (Canada) LLP's fax server and has a Pacific lime Zone timestamp. From: 6139432754 Page: 12/12 Date: 16/08/2016 11 :50: 12 AM Page: 11 !IJIS COURT ORDERSthat: 1. The motion be dismissed; 2. No costs are ordered and theparties will bear their own costs; 3. The parties are toprovide the court with a consent draft timetablefor the next stepsin the litigation on or beforeSeptember 29, 2016. "Glennys L. McVeigh" Judge This fax was received by OLA Piper (Canada) LLP's fax server and has a Pacific Time Zone timestamp. THIS IS EXHIBIT "C" IN THE AFFIDAVIT OF FLORA POWDER SWORN AUGUST_, 2018 a Christine M. Burton Federal CourtAction No. T-436-15 Barrister & Solicitor NotaryPublic Commissioner for Oaths in and for the Province of Alberta FEDERAL COURT BETWEEN: MARYANN POWDER, JEAN POWDER, ELMER CREE, FLORA POWDER, ALLAN AND FLOYDPOWDER AND THEIR CHILDREN AND THE CHILDREN OF LILA POWDER LAFONTAINE, all of the living members of the PAUL CREE BAND (also called the Clearwater RiverBand #175) Plaintiffs and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT and FORT McMURRAY FIRST NATION Defendants AFFIDAVIT OF JEAN POWDER I, Jean Powder, of Fort McMurray, Alberta, MAKE OATH AND SAY: I. I am one of the Plaintiffs, and I was born on the Clearwater River Reserve No. 175 in 1929, and as such I have personal knowledge of the matters stated unless stated to be basedupon information and belief, in which case I do verily believe them to be true. 2. Paul Cree was my grandfather. He had two wives with two boys who lived, Alexis, son of Paul Cree's first wife and Raphael Cree, my father, who was theson of Paul Cree's second wife. The two families (Alexis and Raphael's families) made up the membership of the originalPaul Cree Band (Clearwater River BandNo. 175) whose Reserve No. 175 is located in Township 88, Range 7. West of the 4th Meridian comprising 2,261.80 acres. I have seenthe Privy Council Order 1570 datedMay 12, 1921 that set aside our Reserve. 3. My father, Raphael Cree, married Louise May and had three children, Louise Cre� who was raised by my Kookum Fontaine and was placed in an institution close to Ponoka, - 2 - myself born in April, 1929 and Elmer Cree, my brother, born in January, I 932. Elmer Cree did not have any children and he has now died. I have had five children, Lila who is now deceased, Allan, and Maryann (the father of Lila, Allan and Maryann was Benny Powder, a Non-Status Indian), and Floyd and Flora (the father of Floyd and Flora was George Powder, a Bill C-3 I Indian). Lila, Allan, Maryann, Floyd and Flora all have childrenand grandchildren. 4. Alexis Cree, my uncle, was married to Mary Martin and had a daughter, Margaret. Margaret had four children of which two children lived, Maggie White and Alec Cheecham. Maggie White had one surviving child, Alvin White. Alec Cheecham did not have any children. Alvin White is still alive. 5. I lived on the Clearwater Indian Reserve until 1952 with my family. We lived in a cabin and we hunted, fished and trapped on our Reserve. No Reserve development was ever carried out by Canadaand there was no road to our Reserve. In 1952 I married. 6. My father'shalf-brother, John Cowie, wasthe Chief of the Fort Chipewyan Indians, and each year, we went to an areanearer to Fort Chipewyan to trap, returning to our Reserve in the spring until 1942. 7. When my grandfather, Paul Cree and my father, Raphael Cree's older brother, Alexi & children died, they were buried on the Clearwater Indian Reserve No. 175, (although Alexi may have been buried in FortMcMurray) and other relatives have also been buried on the Clearwater Indian Reserve No. 175. This graveyard area has not been maintained as a result of the actions of Indian Affairs and their approach since about 1985 that the Clearwater Indian Reserve No. 175 was a Reserve of the Fort McMurray First Nation. This cemetery,with my ancestors, needs to be protected and restored. 8. I have seen a document purported to be signed by my father, Raphael Cree, as the Chief the Clearwater Band but my father did not sign with an "X". He signed documents with "+" as his signature. Leon Cheecham wasnot a member of thePaul Cree Band. In 1948, my brother, Elmer Cree, was only 16 years of age so that he could not have signed for the Paul Cree Band. - 3 - 9. My father,Raphael Cree, died at I 09 years of age. My brother, Elmer Cree, diedin 2015, aftersuffering poor health fora number of years. 10. I moved to live ree Flats, Waterways, Fort McMurray when I married until I left my a) · · husband in 195 . -tt1the sn,-e, inFmt MeM��fllaiRlaiaea b� � r1e were forced out of their homes and our homes taken fromus. 11. My brother, Elmer Cree was permitted to live on the Fort McMurray First Nation Reserve No. 176B for several years but the rest of the members of the Paul Cree Band were denied housing or Band benefits by the Fort McMurray First Nation (Gregoire Lake) even though Indian Affairs Canada treated us as being part of the Fort McMurray Band. 12. Bernadette Dumais is not a descendant of my grandfather, Paul Cree nor has she ever been a member of the Paul CreeBand (ClearwaterRiver BandNo. 175). 13. I make thisAffidavit because I amnow 87 years old. SWORN BEFORE ME at the City of ) o'ate: 20180320 A Commissioner of Oaths in and for Alberta Docket: T-436-15 nµaq11r1 JO 00IJ/A0,ld Blf! .101 Fort McMurray, Alberta, March 20, 2018 pue Uf Sl!Jl3Q Jo.JJGU O/SS'IUJUIOO O!JQnd AJ&10N PRESENT: Prothonotary Kevin Aalto JOJP/10s 11.1aisu.m9 uoµn9 'IN eu11s1,40 FEDERAL COURT Between: MARYANN POWDER, JEAN POWDER, ELMER CREE, FLORA POWDER, ALLAN AND FLOYD POWDER AND THEIR CHILDREN AN THE CHILDREN OF LILA POWDER LAFONTAINE, all of the living members of the PAUL CREE BAND (also called the Clearwater River Band #175) Plaintiffs and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT and FORT McMURRA Y FIRST NATION Defendants TRANSCRIPTS OF SPECIAL VIDEO HEARING Appearing forthe Plaintiffs - Priscilla Kennedy Appearing for the Queen - Aminollah Sabzevari, Shauna Bedingfield and Linda Maj Appearing for Fort McMurray First Nation No. 128 - Ian Bailey Appearing forBernadette Dumais-Aron Taylor and Melanie Webber TLC Paralegal Service 13846-131 Avenue Edmonton, AB T5L 5A6 Phone: (587) 357-7952 I CLERK: This sitting of the Federal Court is now open. Prothonotary Kevin Aalto is presiding. The Court calls matter T-436-15 between Maryann Powder and others, and Her Majesty the Queen and others. Priscilla Kennedy is appearing on behalf of the Plaintiffs; and Aminollah Sabzevari is appearingon behalf of Her Majesty the Queen; and Ian Bailey is appearing on behalf of Fort McMurray First Nations No. 128; and Aron Taylor is appearing on behalf of the Plaintiffs in T-809-17 - Chief (inaudible) THE COURT: Good morningeveryone. This is a special sittingof the Federal Court, being held in Fort McMurray. It is convened that the evidence of Jean Powder, essentially in the form of commission evidence, specificallyin Action T43615. The evidence, however, to be given by Mrs. Powder may also be relevant in four other proceedings, T-436-15; T-809-17; T-1601-12; T-165- 01; T-310-01, all of which have issues involving Treaty Number 8, and who comprises the Fort McMurray First Nation, and whether there is a separate Band called the Paul Cree Band, and if so, who are the Members of that Band. I appreciate that this is an oversimplification, but there are issues that intertwine in these various cases. The admissibility of Mrs. Powder's evidence, of course, is all subject to the discretion of whoever the Trial Judge will be in these various proceedings. This proceeding is being video-taped and recorded. A copy of each shall be made available to all partiesin all of the proceedings, and much of the evidence, as I understand it, to be given by Mrs. Powder, will be in the Cree language, and to that end, we have a Cree interpreter with us to assist with the proceeding. Before we start, are there any other observations or clarificationsthat counsel would like to make for purposes of the Record. Nope? That was easy. Okay. We will move on. So, the first step in this proceeding is to swear in the interpreter. And so, for the purposes of the Record, please state your name and your address. INTERPRETER: My name is Nancy Holman. My address is Unit 203, 8016 Franklin Avenue, FortMcMurray, Alberta. THE COURT: Alright, and, I understand that you want to swear the Oath. The Bible is beside you, if you put your hand on the Bible. Do you swear, do you swear solemnly that you understand the Cree language, that you shall well and truly interpret the Oath to Mrs. Powder, and all the questions put to her and all her answers thereto, and all such matters and things as shall be required of you to the best of your skill, knowledge and understanding? 2 INTERPRETER: I do. THE COURT: So, Mrs. Powder, would you please state your full name and address. POWDER: Jean Powder THE COURT: And what is your address Mrs. Powder? POWDER: Franklin Avenue, 9624. That's where I live. THE COURT: Is that in Fort McMurray? POWDER: Mhmm. THE COURT: Okay. So, Mrs. Powder, do you swear that the evidence to be given by you to the Court shall be the truth, the whole truth and nothing but the truth, so help you God? POWDER: Yes. THE COURT: Thank you. So, before you start Ms. Kennedy, just a couple of clarifications. If anybody is speaking too quickly, for you to interpret, please stop them so that you may interpret as you go along, and Mrs. Powder, if at some point, you need a break, just say so and we'll take a break. INTERPRETER: Okay. THE COURT: Alright. Ms. Kennedy, she is your witness, please proceed. KENNEDY: Thank you Sir. Jean, where were you born? POWDER: In Fort McMurray. KENNEDY: When were you born? POWDER: 1929 KENNEDY: Did you have an older sister? POWDER: Yes KENNEDY: And, what's her name? POWDER: Louise. KENNEDY: And is she still alive? POWDER: Yes. KENNEDY: And, did you have a brother? POWDER: He passed away, two years ago. KENNEDY: And, what washis name? POWDER: James Elmer Cree. 3 KENNEDY: And was he known as Elmer? POWDER: Uh huh, yeah. KENNEDY: Do you know when Elmer Cree was born? POWDER: 1930's, I think. Yeah, 1932. INTERPRETER: 1932. KENNEDY: Did you live any of the time during the years when you were a child on the Clearwater Reserve? POWDER: Yes. KENNEDY: So, do you remember the time? Was that fromthe time you were a young child, until you got married? POWDER: Uh huh. KENNEDY: Do you remember when you got married? POWDER: No. I didn't keep track. THE COURT: Can I... can I just interrupt for a moment? Can I ask everyone to speak up, to ensure that we have a recording? INTERPRETER: Speak up. POWDER: Oh yeah. Yeah. KENNEDY: Who was your grandfather? POWDER: On which side? INTERPRETER: On which side of the family? KENNEDY: On the side of your father. POWDER: Paul Cree. KENNEDY: Was Paul Cree alive when you were born? POWDER:No. INTERPRETER: No. POWDER: He passed away quite a while ago. KENNEDY: Who was your father? POWDER: Raphael Cree. KENNEDY: And, did Raphael Cree live a long time? 4 POWDER: Yes, I 08 years. INTERPRETER: 108 years old. KENNEDY: Was your grandfather, Paul Cree, buried on the Clearwater River Reserve? POWDER: Yes. KENNEDY: When you were a child, on the Clearwater River Reserve, did you go sometimes to other areas to trap? POWDER: Yeah. KENNEDY: Do you remember where you went to trap? POWDER: After, when I was a teenager, we used to go to Fort Chip to go trap. KENNEDY: And, do you remember ... POWDER: Just one trip. Summertime, we would come back again, and we would go stay at the reserve. KENNEDY: And, what did you live in on that reserve? POWDER: A log house. KENNEDY: And, who else lived in that log house with you? POWDER: Just my mom. That's what you mean? KENNEDY: Yes. POWDER: Just my mom, my dad, my brother, then me. KENNEDY: And, who else lived on the Clearwater River Reserve when you were a child? POWDER: Julian Cree. KENNEDY: And, was Julian married? POWDER: Yeah. KENNEDY: Did he have a wifethat lived with him too? POWDER: Yeah. Elizabeth, her name. KENNEDY: And, did they have any children? POWDER: Yeah. Three. KENNEDY: Do you remember why you went to the Fort Chipewyan area to trap? POWDER: Well, here, it was kind of hard. There was nothing, like the fur. Stufflike that, eh. That's why. 5 KENNEDY: Did you know the Chief of the Fort Chipewyan Band? POWDER: Yeah. John Cowie. KENNEDY: Was he related to your father? POWDER: With my dad, yeah. They are brothers. KENNEDY: Was there any road into the Clearwater River Reserve when you were a child? POWDER: No. (inaudible) INTERPRETER: No. KENNEDY: There was your log house, and there was another cabin. Were there any other buildings on the reserve? POWDER: Yeah. My dad, his brother. Dialogue between INTERPRETER and POWDER to clarifyquestion and answer. INTERPRETER: No, back then. How many houses? POWDER: There was ... Julian, then my uncle, that's all. Three, four with us. No, it's three with us. Julian, us, and Alec. INTERPRETER: She said three. KENNEDY: So, the other one ... Was the other one Alexis? POWDER: Alexis. Alexis Cree. Yeah. Yeah. Dialogue between INTERPRETER and POWDER regarding speaking louder. POWDER: Ohhh, oh. INTERPRETER: Sorry. KENNEDY: In the early 1950's, did you get married? POWDER: Yeah, around there. Yeah. We just stayed in town. KENNEDY: So, you and your husband lived in Fort McMurray, then? POWDER: Yeah. KENNEDY: Did your dad continue to live on the Clearwater River Reserve? POWDER: Yeah. Yeah. KENNEDY: When did he move to Fort McMurray? POWDER: Mmmm. I don't remember when. When they were old. They were, in the 80's, I think. I think 1980's sometimes. 6 KENNEDY:Did you ever move ... did you ever go back and stay on the Clearwater River Reserve later on, in the 1980's or the 1990's? POWDER: Yeah. AfterI got a cabin there on the reserve. Dialogue between INTERPRETER and POWDER POWDER: Clearwater Reserve? INTERPRETER: Yeah. POWDER: In 1985. KENNEDY: When did Elmer move away from the Clearwater River Reserve? POWDER: Just for a while I think, when the old people passed away. Then he went back. Dialogue between INTERPRETER and POWDER POWDER: In the 80's sometime. KENNEDY: Did you know John Baptiste Cree, who was kno\'inby the name "Napesis"? POWDER: Yeah. Yeah. KENNEDY: And, who was he? POWDER: What? Dialogue between INTERPRETER and POWDER INTERPRETER: Who washe? They want to know, who is he, I'm sorry,can you repeat the name, please, for me? KENNEDY: Baptiste Cree. Napesis. POWDER: No, I don't know that. I just know, yeah, I just know him. INTERPRETER: She didn't know him, she knew of him. KENNEDY: Those are my questions. THE QUEEN: Good morningMrs. Powder. We have a Cree interpreter today. I'm wondering if you speak, do you speak a particular dialect, or formof Cree? POWDER: Yeah. Yes. Dialogue between INTERPRETER and POWDER POWDER: Oh gee, I don't know. Yeah, yes. THE QUEEN: And, which dialect would that be? Dialogue between INTERPRETER and POWDER 7 Inaudible background discussion INTERPRETER: So, can I ask a question? THE QUEEN: Yes. INTERPRETER: Does it matter what type of Cree we are speaking today? THE QUEEN: No. No, I was just curious to ... yeah, we're just curious to know a little bit more. If she doesn't know an answer, that's okay. INTERPRETER: Well, I can answer that forher no problem. THE QUEEN: Is that alright, your Honour? THE COURT: Let's get it on the record, Ms. Holman will be answering. INTERPRETER: I don't think it matters, it's our language. Sorry. THE QUEEN: Yes. So, which dialect? INTERPRETER: (INAUDIBLE) Plains Cree, (INAUDIBLE) at 12:41. THE QUEEN: Are you able to speakany English? POWDER: Yeah. THE QUEEN: Are you able to read in English at all? POWDER: No. I've never been to school. THE QUEEN: Okay, Mrs. Powder, I'm going to ask you some questions to clarify your family tree. Dialogue between INTERPRETER and POWDER THE COURT: I'm sorry, you have to put on the record what Mrs. Powder just said to you. INTERPRETER:Oh. She just said that, she has ... she will, but she has some familythat has passed away. THE COURT: Can we just be clear as to how this moves forward. If Mrs. Powder says something in Cree, you're going to have to put it on the record in English. INTERPRETER: Okay. THE QUEEN: And if you don't know an answer, or if you don't remember, that's okay, just let us know. So, you were bornin 1929? POWDER: Yes. THE QUEEN: Do you happen to know what month and date you were born? POWDER: April 17 8 THE QUEEN: And your first name is Jean? POWDER: Yeah. THE QUEEN: Have you ever used a differentfirst name, or nickname? POWDER: Maggie. THE QUEEN: Has your family ever referredto you as "Jenny"? POWDER: Yeah. That's my firstname. They use all my life, Jean. THE QUEEN: You said that Paul Cree was your grandfather? POWDER: Huh? THE QUEEN: WasPaul Cree your grandfather? POWDER: Yes. THE QUEEN: Do you know what his wife'sname is? What your grandmother's name is? POWDER:No. THE QUEEN: Did you mention an uncle Alexis? POWDER: Yeah. THE QUEEN: Do you know the name of his mother? POWDER:No. THE QUEEN: So, I'd like to ask you about an Affidavit you swore before to further ask about your familyhistory, if I may approach to provide a copy, your Honour? KENNEDY: I canprovide it to her. THE QUEEN: Sure. Do you have a copy, Your Honour? THE COURT: I may have. What date was it deposed? THE QUEEN: October. THE COURT: Yeah, I have that. Dialogue between INTERPRETER andPOWDER INTERPRETER: I just let her know that this was her Affidavit, and that everything she said was on here, so thatshe knows what she is dealing with. THE COURT: Why don't we get her to identifyher signature? INTERPRETER: Okay. Dialogue between INTERPRETER and POWDER 9 POWDER: Mmhmm. Yes INTERPRETER: Yes. THE COURT: Shall we make this Exhibit 1 in these proceedings? THE QUEEN: Yes, Your Honour, requesting to. THE COURT: Okay. Exhibit 1 is the Affidavitof Jean Powder, sworn October 25, 2016. THE QUEEN: So, at paragraph 3, you referto your Kookum Fontaine. Who are you referring to when using those words, my Kookum Fontaine? Dialogue between INTERPRETER and POWDER POWDER: Oh, my granny. My mommy's mom. THE QUEEN: Your mother's mom? POWDER: Yeah. THE QUEEN: At paragraph 6, you mention the name John Cowie. You say is your father'shalf brother. Is that correct? POWDER: Yes. THE QUEEN: Do you know if they were related through their fatheror their mother? POWDER:No. Dialogue between INTERPRETER and POWDER INTERPRETER: I just asked her if she understoodthat. Dialogue between INTERPRETERand POWDER INTERPRETER: That's his half-brother. THE QUEEN: Does she know if they share the same fatheror the same mother (inaudible)? Dialogue between INTERPRETER and POWDER POWDER: Different mom. INTERPRETER: She said different mother, doesn't know. She said she was not bornyet for her to know. THE QUEEN: Sure. In paragraph 7, there is a mention of Raphael Cree's older brother, Alexi, without an "s". Is that meant to be Alexis? POWDER: Yeah. Yeah. THE QUEEN: And at paragraph 8, you mention Leon Cheecham. Is Leon Cheecham related to your family? 10 POWDER:No. THE QUEEN: Do you know of a Leon Cheecham? POWDER: Yeah. He was living there at the reserve, for, I don't know how long. THE QUEEN: By the reserve, do you mean the Clearwater reserve? POWDER: Yeah. THE QUEEN: Did he live there at some period while you were living there, or? Dialogue between INTERPRETER and POWDER POWDER: Yes, when I was a teenager. INTERPRETER: She said when she was a teenager, he lived there. THE QUEEN: Do you know of anyoneelse with the samename of Leon Cheecham, or is there a second Leon Cheecham, or is there just one? POWDER: Yeah, but he lives at (inaudible at 5:24) that's different. THE QUEEN: So, only one of them lived at Clearwater? POWDER: Yeah. THE QUEEN: And, at paragraph 12, you mention the name of Bernadette Dumais, and you say that she is not a descendant of your grandfather. Is that correct? POWDER: Yes. No. THE QUEEN: Do you know if she is related to you through another ancestor? Dialogue between INTERPRETER and POWDER POWDER: Well, I just met them lately, about 1980's. Dialogue between INTERPRETER and POWDER INTERPRETER: Can you just ask that question again? THE QUEEN: Sure. Just, do you happen to be related in some other way, say, other than your grandfather? POWDER:No. THE QUEEN: And you said thatyou met her in the 1980's? POWDER: Yeah, around there. THE QUEEN: So you hadn't met her beforethen? POWDER:No. 11 THE QUEEN: Do you know her family at all? POWDER: Like, uh ... THE QUEEN: Her parents, or? POWDER: Yeah. Eva. THE QUEEN: Did they live on the Clearwater Reserve? POWDER: A few times, they stayed there, and from there, they were gone. They never came back. THE QUEEN: So, were they visiting or did they have a house there? POWDER: A house. THE QUEEN: Would you be able to remember roughly when that was or how old you were? POWDER: No, we were kids that time. THE QUEEN: So, Eva was there. Was there anyone else fromthat ... BemadetteDumais' family? POWDER: Yeah, but not Bernadette. THE QUEEN: Ok. POWDER: That's before ... after, I mean. THE QUEEN: Do you know a person named JohnMalcolm? POWDER: Yeah. THE QUEEN: And is he related to your familythrough birth or marriage? POWDER Not that I know. Dialogue between INTERPRETER and POWDER POWDER: Oh ... my uh son-in-law. INTERPRETER: Sorry, just had to clear that up. THE QUEEN: Okay. So, I have one last question in terms, in relation to your familytree. I want to ask about a name thatappears in the Powder Statement of Claim. If I can provide a copy, Your Honour? Does she have a copy before her? INTERPRETER: No. Inaudible - instructions to INTERPRETER THE QUEEN: I was going to ask about a name in paragraph 5, Alexander Cree. It says, Alexander Cree, brother of the Chief of the Paul Cree Band. Do you know if you are related to Alexander Cree? 12 POWDER: No. INTERPRETER: Alexander... Can I just ask her? THE QUEEN: Sure. Dialogue between INTERPRETER and POWDER INTERPRETER: She said, "I don't know". THE QUEEN: Okay. So, Mrs. Powder, I'm going to ask some questions about where you've lived during your life,and your Affidavitis going to be helpfulfor that. In paragraph 1, it says you were bornon the Clearwater Reserve? Dialogue between INTERPRETER and POWDER POWDER: Oh, Fort McMurray. THE QUEEN: When did you start living on the Clearwater Reserve? POWDER: When we were kids, with my brother. THE QUEEN: And at paragraph 5, you say you lived at the reserve until 1952, is that correct, roughly? POWDER: Yes. THE QUEEN: So, can you just state that again, which family members were living that period fromwhen you were a kid to 1952 with you on the reserve? Dialogue between INTERPRETER and POWDER INTERPRETER: Who? Your family ... their names. Yeah .. Yeah. I just told her to tell you. POWDER: You mean Raphael Cree .. . THE QUEEN: Yes. POWDER: ... my dad, and my mom, and my brother, and me. THE QUEEN: Was Alexis, your uncle living there as well, or? POWDER: Yes. THE QUEEN: With his family? POWDER: With his family. THE QUEEN: Was there anyoneelse, I think you mentioned Eva, Bernadette's mother was there fora period. POWDER: No. No. No. THE QUEEN: Was anyone else living there? 13 POWDER:No. THE QUEEN: I think you mentioned, did you live in cabins or log houses or that kind of thing, or? POWDER: There? THE QUEEN: Yes. POWDER: On the reserve? THE QUEEN: Yes. POWDER: Yes, just log houses. THE QUEEN: And, at paragraph 6, you talk about how you, and I think you said today as well, about how you went to trap at Fort Chipewyan forpart of the year. POWDER: How we went, how we went over there? Dialogue between INTERPRETER and POWDER POWDER: Oh, just winter time. THE QUEEN: Just the winter, okay. Do you remember when you firststarted, like how young you were, or? POWDER:No. THE QUEEN: Were you a teenager maybe, or? POWDER: Yeah. A teenager, yeah MAKE VOICE: And, John Cowie was there, that's why you saw John Cowie. POWDER: Yeah. THE QUEEN: And, who ... who went with you to go trapping there, with your family? POWDER: Just the family. THE QUEEN: Just family, okay. Did Alexis and his family come as well? No. POWDER: No, they just stayed at reserve. THE QUEEN: Did John Cowie ever come to visit the Clearwater Reserve? POWDER: Yeah. Few times, I remember, they come and visit, in the summer. THE QUEEN: In the summer. And, was it kind of like when you would visit in the winter, he would stay for the summer? POWDER: Just forsummer. 14 THE QUEEN: Summer. Was this every year, or just kind of randomly, or occasionally? Did this happen every year? Was it regularly? POWDER:No. THE QUEEN: No. Did anyone else fromFort Chipewyan come to visit when you lived there? POWDER: Not that I know. THE QUEEN: Okay. So, at paragraph 5, you said that you were married in 1952. POWDER: Mhrnmm. THE QUEEN: Who did you marry in 1952? POWDER: Danny Powder. THE QUEEN: And did you continue to live at the reserve then, or did you ... ? POWDER: Yeah. Yeah THE QUEEN: Okay. When did you... did you move at some point afterthat, to leave the reserve? POWDER: Hmm? THE QUEEN: Did you move from the reserve some time afteryour marriage? POWDER: Yeah. Dialogue between INTERPRETER and POWDER INTERPRETER: Sorry,just to kind of clarify... Dialogue between INTERPRETER and POWDER POWDER: Sometime afterthat. THE QUEEN: Sometime in the 50's, maybe? POWDER: Yeah. THE QUEEN: Okay. And, where did you live next? POWDER: In Fort McMurray. THE QUEEN: And, at paragraph 10, you mentioned that you lived at Cree Flats, Waterways, Fort McMurray. Did you live at any of those places? POWDER: No. Not that time. THE QUEEN: But, at some point did you live at Cree Flats? INTERPRETER: CanI just... sorry. THE QUEEN: Yes. 15 Dialogue between INTERPRETER and POWDER INTERPRETER: Cree Flats, Waterways, Fort McMurray. POWDER: No. Waterways is not aroundme. Dialogue between INTERPRETER and POWDER INTERPRETER: Cree Flats, Waterways, Fort McMurray POWDER: I was away for 27 years ... Dialogue between INTERPRETER and POWDER POWDER: No. No, we never ... INTERPRETER: Cree Flats, Waterways, Fort McMurray. Okay. No. Just that (inaudible). THE QUEEN: Did maybe some of your family maybe live there, or? POWDER:No. THE QUEEN: So, you were just in Fort McMurray? You were in Fort McMurray, but not at Cree Flats or Waterways? POWDER:No. INTERPRETER: Fort McMurray? POWDER: Waterways, but this side. At Waterways, same place, but not at Cree Crescent. No. THE QUEEN: Okay. Did you ever live ... there is a line crossed out saying River Lot 5? INTERPRETER: RiverLot 57 Dialogue between INTERPRETER and POWDER POWDER:No. THE QUEEN: Okay. And then, at paragraph 10, you say that "we were forcedout of their homes, and our homes were taken fromus". Who are you referringto when you say "we"? POWDER: What? Dialogue between INTERPRETER and POWDER INTERPRETER: Do you want to take a break? THE COURT: Ms. Holman, can you put that exchange on the record in English, please? INTERPRETER: Okay. Just one more time, can I just ask her that? Dialogue between INTERPRETER and POWDER 16 INTERPRETER: I just asked her the same thing, were you guys forced out of your homes, and were your homes taken away from us, in Cree. She said, not us. THE QUEEN: Do you know of someone else that might have been forced out, be referring to somebody else? POWDER:No. THE QUEEN: No. Okay. POWDER: I didn't keep track of that. THE QUEEN: And then, did you continue to live in Fort McMurray ti! [sic] present day, or cjid you move somewhere else in between? Like did you ... POWDER: You mean what? THE QUEEN: Like, since the 50's you moved to Fort McMurray, and then, did you just stay in the same area until now, or did you move somewhere else? POWDER: Yeah. I was living in Fort McMurray, here, after I moved from the reserve. From here, I moved to Uranium City, and I lived at Camp (inaudible) for 27 years, and I came back home, and I stayed here. THE QUEEN:And, atparagraph 11, you said that your brother, Elmer Cree, was permitted to live at the Fort McMurray First Nation Reserve. Is that correct? POWDER: What? INTERPRETER: Can you just repeat that? THE QUEEN: Was your brother Elmer Cree permitted to live at the Fort McMurray First Nation Reserve? POWDER:Yeah. THE QUEEN: Do you know when he was living there? POWDER: Sometime in the 80's. I do not know what year. THE QUEEN: Do you know when he stopped living at the reserve? THE QUEEN 2/THE COURT: The Fort McMurray Reserve. POWDER:Hmm? THE QUEEN: Do you know when he stopped living there? POWDER: Who? THE QUEEN: Your brother, Elmer Cree. POWDER: Afterhe passed away. 17 THE QUEEN: Oh, so he lived there until his death? POWDER: Mhmm. Yeah. He passed away two years ago. THE QUEEN: Do you know ifhe was a member of the Fort Mac First Nation? POWDER: Yes. THE QUEEN: Do you know ifhe was involved in any leadership activities with the Fort Mac First Nation, like Band Council, or something like that? POWDER: No, I don't really know. THE QUEEN: Okay. And, at paragraph 11, you say "the rest of the members of the Paul Cree Band were denied housing by Fort McMurray First Nation." What about her other family? Dialogue between INTERPRETER and POWDER POWDER: No. I just got one brother. INTERPRETER: I know, but they are asking is ... just repeat that question please, one more time, even for myself because ... POWDER: Okay. Well, I'll describe first what it says, then I'll ask broader. It says that the rest of the members of the Paul Cree Band were denied housing by the Fort McMurray First Nations. I just want to ask like, who, is that your family, or like who ... who was denied housing? Dialogue between INTERPRETER and POWDER INTERPRETER: Do you understand? I just asked her what you just asked her, sorry. THE QUEEN: Okay. Dialogue between INTERPRETER and POWDER POWDER: Like my mom and dad? Dialogue between INTERPRETER and POWDER INTERPRETER: She says she doesn't know. THE QUEEN: Okay. Are you a member of Fort McMurray First Nation? 18 POWDER: Hmm? THE QUEEN: Are you a member, yourself? POWDER: Me? INTERPRETER: Yes. POWDER: Yeah. THE QUEEN: Have you ever voted in an election with Fort McMurray First Nation? POWDER: Yeah. A fewtimes. THE QUEEN: Have you ever been involved in a leadership position, such as Band Council forthe Fort McMurray First Nation? POWDER:No. THE QUEEN: Have you ever run for Band Council? POWDER: Hmm? THE QUEEN: Have you ever tried to be Band Council, like run for election? Dialogue between INTERPRETER and POWDER POWDER:No. INTERPRETER: No. THE QUEEN: Okay, I am going to ask about a graveyard that you mention in paragraph 7, of your Affidavit. You mention a graveyard on Clearwater Reservewhere your grandfather, Paul Cree, your father, Raphael Cree, and uncle and family are buried. Is that correct? POWDER: Who was buried there? THE QUEEN: Yes. POWDER: My grandfather,Paul Cree, and Julian Cree, one kid, andNatalie Cree and I think four kids, they were buried there. THE QUEEN: Is there anyone else buried in the graveyard that is not in your family? 19 THE QUEEN: Okay, I am going to ask ... did you ever see him sign anything? POWDER:No. Dialogue between INTERPRETER and POWDER THE QUEEN: Okay, Mrs. Powder, I am going to wrap up with a few questions about the Paul Cree Band. Dialogue between INTERPRETER and POWDER THE QUEEN: Do you consider yourself a member. .. INTERPRETER: I just asked her if she was okay. THE QUEEN: Okay, sorry. INTERPRETER: And I am going to tell you that she's a little upset. So ... THE QUEEN: Okay. Do we want to take a break now, Your Honour? THE COURT: Do you want a break, Mrs. Powder? POWDER: Hmm? THE COURT: Did you want to take a break? Dialogue between INTERPRETER and POWDER THE COURT: We'll come back in 15 -20 mins. INTERPRETER: Did you want to keep going? POWDER: Yeah. Dialogue between INTERPRETER and POWDER THE COURT: Sorry, canyou ... INTERPRETER: She says she is going to keep going. THE COURT: Okay. But you tell us when you want a break, okay. Dialogue between INTERPRETER and POWDER 22 POWDER: Yeah. INTERPRETER: I told her to let you guys know if she wants to take a break. THE QUEEN: Okay. I want to ask you about the Paul Cree Band. Dialogue between INTERPRETER and POWDER THE QUEEN: Do you consider yourself to be a member of the Paul Cree Band? POWDER: Yes. THE QUEEN: Who is the currentChief of the Paul Cree Band? Is there a current Chief of the Paul Cree Band? POWDER: Now, you mean? Dialogue between INTERPRETER and POWDER INTERPRETER: Paul Cree Band Dialogue between INTERPRETER and POWDER POWDER: Maryann. Dialogue between INTERPRETER and POWDER THE COURT: She said it. INTERPRETER: She said Maryann. THE QUEEN: And how was she select.;_d? Dialogue between INTERPRETER and POWDER THE COURT: You have to put on the record what she says to you. INTERPRETER: Oh, I'm sorry. She said that she doesn't understand the question right now. I'm trying to relate to her what it is, myself. So, I just want to let her, so, again, once again, I am going to askher how was she elected into the Paul Cree Band. Is that correct? THE QUEEN: Yeah. Was she elected, or selected another way, I guess this is a good point to ask. 23 Dialogue between INTERPRETER and POWDER INTERPRETER: She said there are ones who put it together, but she doesn't know who elected. THE QUEEN: Do you know if there is a Band Council forthe Paul Cree Band right now? Dialogue between INTERPRETER and POWDER INTERPRETER: Do they have a Band Council? Dialogue between INTERPRETER and POWDER INTERPRETER: I don't think so, she says. THE QUEEN: Have you ever had a leadership position in the Paul Cree Band? Dialogue between INTERPRETER and POWDER INTERPRETER: Band Council? POWDER:No. INTERPRETER: No. THE QUEEN: Do you know if the Paul Cree Band has ever had an election during your lifetime? POWDER:No. THE QUEEN: So, other than the Paul Cree Band and the Fort McMurray First Nation, have you ever been part of any other Band, or First Nation? Dialogue between INTERPRETER and POWDER INTERPRETER: She says no. THE QUEEN: So, at the end of your Affidavit, it shows that you swore it on October 25, 2016. Do you remember if you had an interpreteror translatorhelp you when you reviewed the Affidavit? POWDER:No. THE QUEEN: You didn't have one? POWDER:No. 24 THE QUEEN: Your Honour, if I may converse with my co-counsel, that maybe it for the THE QUEEN's questions at this time, but I'd like to check. THE COURT: Certainly, go ahead. THE QUEEN: Just a quick question, Mrs. Powder. So, you said that Bernadette's mother, Eve, lived on the reserve fora period of time, when you were a teenager, or when you were young. Was there anyone else with her, was there anyone else from Eve's family, or Eva's family? POWDER: No. Just one time, they stayed there one winter, and they left, and they never showed up again. THE QUEEN: Did they stay with you in your house, or? POWDER: No. There's a different place, with their family. THE QUEEN: Do you have anyquestions? Those are the THE QUEEN's questions Your Honour. Thank you. THE COURT: Alright, I thinkthere are two more lawyers that want to ask some questions, Mrs. Powder. So, I think that we will takethe break, so that we can have them both finish. So, it's a 25 after, so why don't we take a 20-minute break, and then we canreconvene. COURT IS IN RECESS. TAYLOR: Good morning, Mrs. Powder. My name is Aron Taylor, I represent the Plaintiffs in action T-809-17, and I just have a few questions for you with respect to the Clearwater Reserve 175, and its memberships, and its history. THE COURT: So, just let's be sure. Ms. Holman, can you be sure that Mrs. Powder understood what he just said? Dialogue between INTERPRETER and POWDER POWDER: Yeah. INTERPRETER: Yes. TAYLOR: Thank you. You were born in 1929, is that correct? 25 POWDER: Yes. TAYLOR: And, the reserve was surveyed beforeyou were born, is that right? POWDER: Yes. TAYLOR: Okay. And, do you understand that the survey was confirmedin 1921? POWDER:No. TAYLOR: Okay. When do you understand that the survey took place of Clearwater 175? Dialogue between INTERPRETER andPOWDER INTERPRETER: She says that she doesn't understand what you are saying, and for me, I just want to slow down for a second, because, you know, even for me, I'm trying to put the word "survey" into Cree. So, like earlier today, I said that there will be certain words that I won't really .. .I am going to try to break it down for her. Dialogue between INTERPRETER and POWDER INTERPRETER: 1921, excuse me, that you said it was surveyed, correct? TAYLOR: Correct. Dialogue between INTERPRETER and POWDER INTERPRETER: Do you understand? POWDER: Yeah. INTERPRETER: Do you know? POWDER: No. No. TAYLOR: But, you do know ... you do have an understanding that there was a survey that took place, correct? Dialogue between INTERPRETER and POWDER INTERPRETER: She says no. TAYLOR: How did you understand that Clearwater Reserve 175 came into being? 26 Dialogue between INTERPRETER and POWDER INTERPRETER: She says that was before she was born. POWDER: Yeah, I believe that was beforeI was born. TAYLOR: Yes. And with respect to history that occurred before you were born, did your father pass down any information with respect to what happened? Dialogue between INTERPRETER and POWDER POWDER: Yeah. He would just talk about it. INTERPRETER: She said that he just talked about it when it was startedto be Clearwater Reserve. TAYLOR: And, did your uncle, Alexis, ever talk to you about the Clearwater Reserve? Dialogue between INTERPRETER and POWDER POWDER: Mhmm. Yeah. INTERPRETER: Did he talk about it? POWDER: Yes. TAYLOR: Do you have an understanding of who was living on that land when it was surveyed, or at least when the survey was confirmed in 1921? POWDER: I don't remember. No. TAYLOR: Okay. I have with me today a TLU Report that was commissioned by the Fort McMurray First Nations that includes excerptsof Raphael Cree and he is discussing the creation, well, I guess the survey of 1921 and who was there. I would just like to hand it around ... THE COURT: Yeah, we gotta do it in small bits so that Ms. Holman can interpret and explain it ... INTERPRETER: Please. TAYLOR: Okay, why don't I back up. I have with me today, a TLU Report. INTERPRETER: Sorry, what is a TLU Report, so that I can explain that to Mrs ... 27 TAYLOR: A TLU Report is a Treaty Land Entitlement Report. A Report on the history of Fort McMurray First Nation, and Clearwater. INTERPRETER: Okay. Dialogue between INTERPRETER and POWDER TAYLOR: Okay. I would just like to put it in front of you, and then I have some questions that you may be able to help me with, with respect of the history. Dialogue between INTERPRETERand POWDER TAYLOR: Do you have a copy? THE COURT: Yes, I do have a copy. Dialogue between INTERPRETER and POWDER THE COURT: Is it okay that I just. .. Dialogue between INTERPRETER and POWDER TAYLOR: Ifwe could open it up, and tum to page 47, or sorry, 42, please. THE COURT: Beforewe do that, we have to have some identificationof this on the record. TAYLOR: Okay. THE COURT: And whether or not it is in fact, an Exhibit so that Mrs. Powder can identify it. If not, we will mark it as Exhibit "A" as the document you are referringto. Okay. So, why don't we clarify with the witness first. TAYLOR: Sure. THE COURT: Mrs. Powder, have you ever seen this document before? POWDER:No. THE COURT: So, as the witness has not seen this document and cannot identify it, we will mark this as Exhibit "A" to this proceeding. 28 TAYLOR: So, ifwe could turnto page 42. We go to the last paragraph on the leftcolumn. I would like to, I guess read out a portion, and have you listen to it, and then if I could ask you a question, that would be helpful. Dialogue between INTERPRETER and POWDER INTERPRETER: She said that she can't read, so I will try my best. TAYLOR: "Raphael Cree talks about the familiesat Clearwater, "At the time of the 1921 survey for the Clearwater reserve, the people who were residing at the Clearwater Reserve were Alexis Cree, with his wife and four children ... " THE COURT: Let's just stop there so that Ms. Holman can explain what you've just read. INTERPRETER: Thank you. Dialogue between INTERPRETER and POWDER INTERPRETER: Can I go on a little bit, so that I can ... THE COURT: No. INTERPRETER: Okay. Dialogue between INTERPRETER and POWDER THE COURT: What did she just say? INTERPRETER: She said that they were alive at the time. THE COURT: Okay. TAYLOR: Okay. Did you understand that they were living there in 19217 Alexis Cree and her family. POWDER: Yes. TAYLOR: And ifl could go on? THE COURT: Yes. TAYLOR: " ...Julian Cree with his wife and two children ..." 29 POWDER: Yes. TAYLOR: Okay. They were living there? THE COURT: Sorry. Let's just clarify. Is Mrs. Powder agreeing with you that they were also living on the Clearwater Reserve, I think that's what your question is. TAYLOR: Correct. THE COURT: Let's make sure we make that clear INTERPRETER: Do you mind? TAYLOR: Sure Dialogue between INTERPRETER and POWDER INTERPRETER: That they live there? Yes. TAYLOR: Okay. And, how is Julian Cree related to Paull Cree, or Alexis Cree, or Raphael Cree? POWDER: My dad. Dialogue between INTERPRETER and POWDER POWDER: Second cousin. INTERPRETER: Second cousin? Go ahead, and tell me in Cree. POWDER: Second cousin with Julian Cree, with my dad, Raphael Cree. TAYLOR: With your dad. Thank you. Raphael Cree goes on to say, "JohnNappesses, with his wife and children to follow". Dialogue between INTERPRETERand POWDER POWDER: No. I don't think so. INTERPRETER: I said this is written. Dialogue between INTERPRETER and POWDER POWDER: That one I don't know. 30 INTERPRETER: Again, I'm just letting her know what is written on here. THE COURT: There was a question put, "Where they living on the reserve?" to Mrs. Powder. TAYLOR: That was going to be the second part of my question. Did you understand that John Nappessis and his wifewith children lived on the reserve at 1921? POWDER:No. TAYLOR: Or later? Dialogue between INTERPRETER and POWDER INTERPRETER: Did they live there? POWDER: Not 21, I wouldn't remember. INTERPRETER: After21, she wouldn't remember. TAYLOR: Okay. Right. But did you fatherever talk about John Nappessis living on the reserve? PO WEDER: No. that's all I knew, Julian Cree, then us, then Alec Cree. At that time, that time that happened. INTERPRETER: So, just one more time I am going to ask her if her dad ever talked about them living on the reserve. Is that okay? Dialogue between INTERPRETER and POWDER INTERPRETER: No. No. No. Do you believe your father was mistaken when he said that John Nappesis and his wife lived on the reserve in 1921? Dialogue between INTERPRETER and POWDER INTERPRETER: So, I just asked her exactly what you were saying, and she says no. TAYLOR: No, as in he's not mistaken, or? INTERPRETER: I'm sorry, can I just slow down here. Dialogue between INTERPRETER and POWDER 31 POWDER: I don't know. INTERPRETER: She doesn't know. TAYLOR: And, you mentioned earlier that you knew of John Nappesis, is that right, but you didn't know him personally. POWDER:No. TAYLOR: But, you knew of him POWDER: Yeah. TAYLOR: Is he related to your family, in any way? POWDER: I don't know anything about that. TAYLOR: Did you know who his fatherwas? POWDER:No. TAYLOR: Okay. Did you know who his wife is? POWDER: Who? Dialogue between INTERPRETER and POWDER POWDER: Madeline. TAYLOR: Madeline Cardinal, is that correct? POWDER: Yeah. Cardinal, I think. TAYLOR: And they had a number of children, is that right? POWDER: Mhmmm. Yeah. TAYLOR: Okay. And one of those children wasEva Cree, correct? POWDER: Yeah. TAYLOR: Okay. And, do you recall how many children they had? POWDER: No. No. Quite a few. 32 TA YOLR: Quite a few? Okay. And, when you mentioned that Eva Cree lived in a house on the reserve for a winter, did she live there with any of her brothers or sisters? POWDER:No. TAYLOR: Okay. Who did she live with? POWDER: Just the family. Just the family. Mom and dad. TAYLOR: Mom and dad. Do you recall what year that was? POWDER: No. I don't keep track, I was a kid that time. I remember. That's all. TAYLOR: And, you said you were a kid when this happened. Do you recall roughly how old you were whenthis occurred? POWDER: Maybe ten. Maybe. TAYLOR: And, did you know Eva Cree personally? POWDER: Oh yeah. Just to see them, but not really. TAYLOR: And where would you meet her other than just that one winter. POWDER: At reserve there. Yeah, she was a teenager when they lived there. TAYLOR: Okay. POWDER: Mhmm. TAYLOR: But, you would see her more than just that one winter, correct? POWDER: Once in a while, yeah. TAYLOR: Okay. And, typically where would you see her? POWDER: Like, in Fort McMurray? TAYLOR: Yeah, or on the reserve. INTERPRETER: Can I ask her that? Dialogue between INTERPRETERand POWDER 33 INTERPRETER: Only at the reserve, she ran into her a few times at the reserve. TAYLOR: Okay. And, just to clarify, you met her on more occasions than just that one winter as a child? POWDER:No. INTERPRETER: Just give me a second here. Dialogue between INTERPRETER and POWDER INTERPRETER: She said she saw her at Waterways, I'm just asking her when. POWDER: I don't kn,ow what year. INTERPRETER: Doesn't know what year, she says. TAYLOR: And, Waterways, where do you understand those to be? POWDER: Cree Crescent. They call it. TAYLOR: I'm sorry, I didn't hear. Dialogue between INTERPRETER and POWDER POWDER: Cree Crescent, that's where they used to live. TAYLOR: And, how close is that to Clearwater 175 reserve? POWDER: Maybe just a few miles out of town. TAYLOR: And, did you or any of your family ever live at the Waterways? POWDER: Yeah. For the summer. TAYLOR: For the summer. POWDER: For the summer only. TAYLOR: Just one summer? POWDER: Many summers. 34 TAYLOR: Many summers. So, was it common for people who lived on the reserve to spend summers at the Waterways? Dialogue between INTERPRETER and POWDER POWDER: Yeah. INTERPRETER: What? How many times? All the time? Every year? Dialogue between INTERPRETER and POWDER INTERPRETER: So, what she said was ... I asked her what you asked about the summer time, like, is it common, to go to Waterways yearly, is more or less what I am trying to ask her. POWDER: Just in the summer we would go to the Waterways, then in the winter again, we would go back to reserve and stay all the winter. TAYLOR: Okay. POWDER: All the time, like that. TAYLOR: And, to clarify, other than Eva, did any of the other sons or daughters of John Napessis live on the reserve, or stay there duringthe winters. POWDER: No. No. Nobody that I know. TAYLOR: And, you lived on the reserve until, what date, again? Dialogue between INTERPRETER and POWDER INTERPRETER: I just asked her again, how long did you live there? POWDER: 1950 TAYLOR: And, how many buildings ... how many houses were located on the reserve 175? POWDER: That time? TAYLOR: Yes. INTERPRETER: Can I just say something? She was asked that question just a little while ago. So, I'm not sure. This is the second, third time. 35 THE COURT: I don't recall it being asked, actually. INTERPRETER: Uh huh. It was. It was 100% asked, so I don't understand why it has to answer it again. THE COURT: Can we just get the answer clearly on the record. (Inaudible) Dialogue between INTERPRETER and POWDER POWDER: Mhmm. Yeah. Three. I said three. INTERPRETER: She's answered that already. TAYLOR: Okay. And, was there ever more or less houses? POWDER:No. TAYLOR: Andthe house that Eva Cree lived in, did anyone else live in that house? POWDER:No. TAYLOR: So, was it ever used other than the one winter? POWDER: Just them. They stayed there. TAYLOR: Okay. Did anyone take care of the house? POWDER: After? TAYLOR: After or before? POWDER: No. Nobody. TAYLOR: Nobody visited that house? POWDER:No. TAYLOR: So, was it in disrepair? POWDER: Like I say, they just lived the one winter, then they moved from there. 36 TAYLOR: Going back to the TLU, page 42, I would just like to finishthe paragraph. So, Raphael Cree talks about the families at the Clearwater, and he goes to say that "Nancy Martin, her brother, Sophie and her brother, Joe Martin." THE COURT: Her daughter, Sophie Martin and her brother, Joe Martin. TAYLOR: Oh, I apologize. Let me say that again. Nancy Martin, her daughter, Sophie and her brother Joe Martin. Have you heard of these people before? POWDER: Joe Martin? No. It's Napoleon, I think. Napoleon Martin. Dialogue between INTERPRETER and POWDER POWDER: No. Not that guy. No. INTERPRETER: So, I was just telling her what Raphael Cree spoke about. Dialogue between INTERPRETER and POWDER POWDER: Yeah, old lady, Nancy Martin. Dialogue between INTERPRETER and POWDER INTERPRETER: He used to talk about them, is what she said. TAYLOR: Okay. Did you understand that they were living on the reserve in 1921, from your father? Dialogue between INTERPRETER and POWDER POWDER: Mhmm. I think. INTERPRETER: You think? POWDER: I think. They were living there for a while until they passed away. They left. TAYLOR: Were they ... POWDER: Those people, they were fromChip, Fort Chipewyan. TAYLOR: Okay. But they were living... POWDER: Those people that you are talking about, the Martins. 37 TAYLOR: Okay. But, it's your understanding that they were living on the Clearwater Reserve at one point. POWDER: Yeah. TAYLOR: And, were they living in one of those three houses? POWDER:No. TAYLOR: Where were they living? POWDER: They were living in a small little place, a little house, for, I don't know how long. TAYLOR: So, was there fourhouses on the reserve, where they lived? POWDER: Maybe after, yeah. One building, yeah. TAYLOR: Okay. POWDER: They make. TAYLOR: Do you know how long they lived on the reserve for? POWDER: No. No. TAYLOR: Were they there when you were a kid, a child? POWDER: Yeah. I remember that. TAYLOR: And, was she related to Raphael or Alexis? POWDER: Those family? TAYLOR: Yes. Nancy Martin, Sophie or Joe Martin? POWDER: Yeah. My uncle married to a girl from there. Mary, her name. Martin TAYLOR: Mary Martin? POWDER: Yeah. TAYLOR: And your uncle Alexis? POWDER: Yeah. 38 TAYLOR: So, just to clarify, you're not sure when Nancy, Sophie and Joe Martin left? POWDER:No. TAYLOR: And, would they spend the winters in Clearwater, and the summers in the Waterways? POWDER: Yeah. Just the old lady, Nancy. TAYLOR: Okay. POWDER: I remember that. She was living there, not the guy. I don't remember. TAYLOR: Was there any other. .. anyone else that lived on the reserve that you remember? So, we have the Martins, we have Alexis Cree and his family,Raphael Cree. Was there anyone else? POWDER:No. TAYLOR: Other than John Napossis and his family for a winter. POWDER: Just for a while, yeah. TAYLOR: Oh, fora while. POWDER: Yeah.John lives there for one winter. I told you already, that. TAYLOR: Okay. And, you mentioned earlier that BernadetteDumais is the daughter of Eva Cree. Do you know any of the other children of Eva Cree? POWDER: Gee Whiz, there's a lot. I can't remember their names. TAYLOR: Did you know an August Cree ... POWDER: Yeah. I remember that one. TAYLOR: ...and a David Cree? POWDER: Yeah. TAYLOR: And, they were the sons of Eva Cree. POWDER: Yeah. TAYLOR: Did your fatheror anyone else ever talk about Headman Sephatawalkanan? 39 POWDER: What? Dialogue between INTERPRETER and POWDER INTERPRETER: What was the name you just said? I apologize? I need to. TAYLOR: I may not be able to pronounce it. Seapotakinum. INTERPRETER: If I could see it. Where are we referring to, because I'm not ... I'm on that same paragraph that you were at. TAYLOR: No, it's not in that paragraph. INTERPRETER: If I could get that to look at it. TAYLOR: Seapotakinum. I guess that's good, if I could rephrase the question. INTERPRETER: Please. TAYLOR: Did you understand that Paul Cree had brothers? Dialogue between INTERPRETER and POWDER POWDER:No. Dialogue between INTERPRETER and POWDER POWDER: No. Nobody. That's such a funnyname. Dialogue between INTERPRETER and POWDER INTERPRETER: Once again, I'm just going to ask her. Dialogue between INTERPRETER and POWDER THE COURT: Why don't you finish first, what your question is, then ... INTERPRETER: Okay. Dialogue between INTERPRETER and POWDER INTERPRETER: Okay. That's good. She said, let me just, don't uh, I understand. That's what she told me. Dialogue between INTERPRETER and POWDER 40 INTERPRETER: Did Paul Cree have brothers and sisters? Do you remember? This is what I asked her. THE COURT: Does she remember, or? INTERPRETER: She said no, I don't remember. THE COURT: She doesn't know. Okay. INTERPRETER: Paul Cree. His brothers and sisters? POWDER: His brothers. I don't know. I think they leftme here. INTERPRETER: Brothers and sisters? POWDER: He never mentioned, my dad. I never heard of them. INTERPRETER: She said he never mentioned it, she doesn't know. TAYLOR: Do you know who Paul Cree's fatherwas? POWDER:No. TAYLOR: Okay. If possible, we could show her the spelling of it. THE COURT: Let's clarifythe (inaudible). KENNEDY: Just at the top of that page, 34, on the very top, on the left hand side. That's the one I'm going to show to her. Dialogue between INTERPRETER and POWDER POWDER: Paul Cree. That's his brother, I think. INTERPRETER: That's Paul Cree's brother. TAYLOR: So ... POWDER: He didn't live there. TAYLOR: I'm sorry, I didn't catch that last statement. INTERPRETER: She said he didn't live there, is what she said. 41 TAYLOR: Where there any other brothers or sisters? POWDER: No. he never mentioned that. TAYLOR: Okay. POWDER: I never heard my dad mention that. TAYLOR: But you understand .. .I'm sorry, how would you pronounce his name? POWDER: That's what I mean, it's hard. Okay. Yeah, it's hard. INTERPRETER: Yeah, it's hardfor me too. POWDER: I can't say it, because I've never heard this name. TAYLOR: Did you understand that, and indulge my pronunciation, please, Sephotalkanan, that he signed Treaty 8? POWDER: I don't know that. I don't know anything about that. TAYLOR: Okay. And, you don't know anything about his children? POWDER:No. TAYLOR: Thankyou. Those are all my questions. POWDER: Thank you. THE COURT: Just before you close the book. On page 42, there is a picture in the upper right hand cornerof the book. INTERPRETER: Yeah. POWDER: Yeah. THE COURT: Is that a picture of your grandfatherand grandmother? POWDER: That's my mom, my dad THE COURT: And is that Louise Cree the Kookum Fontaine that you mentioned earlier? Dialogue between INTERPRETER and POWDER 42 POWDER: No. That's my mom, Louise Fontaine. My granny is Julie Fontaine. THE COURT: Oh, okay. Thank you. INTERPRETER: Can she just take a breather here fora second, there's been so many ... sorry about that. COURT IS IN RECESS BAILEY: Good morning Mrs. Powder. My nameis Ian Bailey, and I represent the Fort McMurray First Nation. I'm going to be very brief because I just have fourquestions foryou. And, my firstquestion is to do with your knowledge of Eva Cree, and in particular, her brother. .. THE COURT: Break it downso that Ms. INTERPRETER has a chance to explain it. Dialogue between INTERPRETER and POWDER INTERPRETER: Okay, go ahead. BAILEY: Did you know her brother Victor Cree? POWDER: Pardon? BAILEY: Did you know her brother Victor Cree? Dialogue between INTERPRETER and POWDER POWDER: Yeah. BAILEY: Did you know where he lived? POWDER: Now? Dialogue between INTERPRETER and POWDER POWDER: He goes with the familyfor a long time like that. With his family. INTERPRETER: Where did he live? POWDER: Rainbow Creek, they called it. BAILEY: Rainbow Creek? POWDER: Yeah. That's where they lived. That whole family. 43 BAILEY: And, with respect to your parents, you have said that they lived on reserve and moved to Fort McMurray when they were older? Dialogue between INTERPRETER and POWDER POWDER: Because they were old. That's why. BAILEY: When they lived on reserve, how often would they travel to Fort McMurray? POWDER: I wouldn't know. Dialogue between INTERPRETER and POWDER POWDER: I would like to say every Monday, because my brother was looking after them. So, I don't know how many times. BAILEY: And, did you know if any other families ever met with your father to discuss the management of the Clearwater Reserve? INTERPRETER: Can you rephrase that question forme? BAILEY: Did anyother familiesmeet with your Father to discuss the Clearwater Reserve? Dialogue between INTERPRETER andPOWDER POWDER: Yeah. Just the same family, that's what it meant? Dialogue between INTERPRETER and POWDER INTERPRETER: She said yes they had. BAILEY: And, who would they be? Dialogue between INTERPRETER and POWDER INTERPRETER: This is a map, I'm just calling this map "the land". Dialogue between INTERPRETER and POWDER POWDER: Yeah. Alex Cree, Eva .. . INTERPRETER: Alex Cree, Eva .. . 44 INTERPRETER: She says yes. I just asked her the same question. KENNEDY: And, did she read to you in Cree, as well, to make sure that you understood everything in the Affidavitbefore you signed it? POWDER:No. KENNEDY: Did your dad ever make a mark on paper? Dialogue between INTERPRETER and POWDER POWDER: Where is that? Dialogue between INTERPRETER and POWDER INTERPRETER: She wants to know what would it be? What would he have marked his "X" on? KENNEDY: Any papers that you saw him make a mark on in his lifetime. Dialogue between INTERPRETER and POWDER INTERPRETER: When, I asked. POWDER: When I was a kid I think. KENNEDY: And when he made a mark on a paper ... THE COURT: Hang on. She just said something, we need to hear that on the record. Dialogue between INTERPRETER and POWDER INTERPRETER: What did you say? Dialogue between INTERPRETER and POWDER INTERPRETER: Which means, I had saw him when I was a kid, write something. THE COURT: Okay. POWDER: Because he don't read and write. That's why. KENNEDY: So, when you were a kid, how did he make that mark on that paper? What kind of a mark was it? 46 POWDER: I don't know. Dialogue between INTERPRETER and POWDER POWDER: With a cross. INTERPRETER: I was (inaudible). How did he sign his name? I said in Cree, and she said with his x, when he signed his name. KENNEDY: Did she say an"x" or did she say a cross? INTERPRETER: She said a cross. KENNEDY: Thank you. THE COURT: Alright, Thankyou. If nobody has anything else while we have Mrs. Powder here? Thank you, Mrs. Powder, we appreciate your attendance. Thank you Ms. Holman for your assistance. So, this examination is now concluded, and Court will adjournfrom this Hearing and reconvene (inaudible) and doing some follow-upon issues that have recently arisen, and I would like to have an update from counsel, but we will let. .. END OF VIDEO RECORDING. 47 THIS IS EXHIBIT •��J;w-0 IN THE AFFIDAVIT OF FLORA POWDER SWORN AUGUST -1.l_,2018 A Commissioner of Oaths in and for Alberta Christine M. Burton Barrister & Sol!cltor Notary Public Commissioner for Oath& Ill �nrl for the Province of Alb,,@ G E O L O G I C A L R E P O R T ON THE BITtnfilN POTENTIAL OF :'HE FORT McKAY //171+ AND CLEARWATER //175 INDIA!J RESERVSS FORT HcMURR.AY AREA ALBERTA '-- ·; GEOLOGICAL REPORT ON THE BITUMEN POTENTIAL OF THE FORT McKAY #174 AND CLEARWATER #175 INDIAN RESERVES FORT McMURRAY AREA ALBE:RTA J.D. Godard October 30, 1968 Westen, Minerals Section TABLE 0 F CONTENTS Page Introduction ...... 1 Conclusions and Recommendations ...... 1 ) Clearwater Indian Reserve #175 ...... " ...... 2 Tables of Test Hole Data in Proximity to Reserves ••·••·•··•·••·••··• 4 Fort McKay Indian Reserve #174 • • • . • • .. .. • • .. • • • ...... • .. .. • .. • • • .. .. 5 1 ••••••, • • • • • • • • • • • • • liaps ....•...... , .....•...... •...... , .1, 7, 8 ) GEOLCGICAL REPORT 00 THE BITUMEN POTENTIAL OF THE FORT McKAY //174 AND CLEARWATER #175 INDIAN RESERVES FORT McMURRAY AREA ALBERTA INTRODUCTION On October 15, 1968 I made a field trip to the Fort McMurray area of Alberta in order to roughly evaluate by visual inspection the Bituminous Tar Sands potential on the Fort McKay #174 and Clean-rater #175 Indian Reserves. The purpose in evaluating the bitumen potential on these reserves is to obtain a perspective idea as to their sufficiency to warrant the Department of Industry through the P.A.I.T. program to financially assist in a pilot test program of the Vaporvac Bitumens Limited process for the extraction of bitumen from the Athabasca Tar Sands. CONCLUSIONS AND RECOMMENDATIONS Conclusions: (1) A rough estimate based on a visual examination of the Clean-rater #175 · Indian Reserve,indicates a bitumen potential of 216 million barrels of bitumen and a 16 year life span based on a 20,000 b/d output capacity for a Vaporvac Bitumens Limited operation on the reserve. (2) An estimate, based on information gleaned from the Alberta Oil and Gas Conservation Board report 11The Oil Sands of Alberta", indicates that the bitumen potential of the Fort McKay #174 Indian Reserve is 25 million barrels of bitumen and a two ;year life span at a 20,000 b/d output capacity for a Vaporvac Bitumens Limited operation on the reserve. Recommendations: (1) It is recommended that a detailed test drilling program be undertaken on the Clearwater #175 Indian Reserve to adequately evaluate its •.. /2. - 2 - bitumen potential. ( 2) The Fort HcKay //17 4 Indian Reserve does not appear to be of sufficient areal extent to sustain an independent plant operation and would be more suited for a pooling agreement with an adjacent permit or lease holder, However, it is recommended that a limited amount of test drilling be undertaken on the reserve in order to gain a proper insight as to its bitumen potential. CLEARWATER INDIAN RESERVE #175 (Twp. 88 R • .EJu. On nzy- arrival at the town of Fort McMurray, I preceded by helicopter (Associated Helicopters Ltd.) to the Clearwater Reserve #175. The reserve comprises 2,262 acres and is situated at the confluence of the Clearwater and Christina·rivers approximately 15 miles due east of Fort McMurray. The topography of the reserve varies considerably. The central portion of the reserve comprising roughly 1,000 acres, occupies the valley of the Clearwater River at an elevation of 840 feet apove sea level. It is relatively flat and covered with a mantle of glacial and/or fluv'ial deposits of silt, clay and sand. No exposures of tar sands were observed in this portion of the reserve. The northern (north of the ·Clearwater River) portion of the reserve (approximately 110 acres) and the southern portion of the reserve (approximately 1152 acres) are occupied by a mature plateau type of top9graphy having a maximum elevation of 1260 feet above sea level in the vicinity of the Christina River in the southern part of ° ° the reserve. The Christina River bisects; the plateau giving rise to steep (60 �70 ) foreslopes on both sides of the river. Tar sands are well exposed on the foreslope faces. However, there has been considerable slumping of both bitumen-bearing and barren sands. The tar sands have their maxi.mum exposure on the foreslope along the .•. /3 - .3 - north side of the Christina River where they are exposed over a lateral or strike -- distance or roughly 4000 feet. The maximumgross tar sands thickness is estimated at 180 to 200 feet at the northwest extremity of the foreslope but deminishes considerably to the southeast where the tar sands are obscured by considerable slump material. Of the maximum gross tar sands thickness, the upper 70 feet and the basal 20 feet appear to be lean with abundant barren sand lenses and beds intercalated with thiij beds of tar sands leaving roughly a net 90 feet of payable ° ° tar sands. On an average, the tar sands strike 140 and dip 20 to the northeast. Overburden thickens considerably east-northeast away from the river. Overburden overlying the ma.xi.mum gross tar sands thickness is in the order of 50 to 80 feet increasing rapidly to over 200 feet to the northeast. The back or north facing slope ..�- of the pinnacle ridge along the north shore of the Christina River inclines at ° approximately 45 , is covered with overburden and vegetation and no tar sands are ,.,.,,J.. exposed. Exposures of buff, fossiliferous Devonian (Beaverhill Lake) limestone which underlie the tar sands in the general area occur beneath the tar sands along the. Christina River. This suggests, along with the shallow dip of the tar sands that little or no tar sands can be anticipated at a lower elevation than 840 feet above sea level, Le., little or no tar sands underlie the central 1000 acre portion of the reserve. This is further substantiated by core hole test data (Table #1) fr� holes drilled in proximity to the reserve. An estimation of the bitumen potential of the reserve is difficult without an adequate drill· test program and accurate grade analysis. A very rough estimate based on a cursory visual examination o� the Clearwater Reserve and the Great Canadian Oil Sands (G.C.O.S.) results, i.e., 800 million barrels of bitumen reserve, 12.7 weight percent average bitumen content of the tar sand, 45,000 b/d bitumen production, ,30 year life span, would give, on the assumption that the 90 foot pay zone is constant in ... /4 L·,'-;i:i-J 7 ; jl �•: .. J TABLE #1 CORE TEST HOLES IN PROXIMITY TO CLEARWATER INDIAN RESERVE #175 Total Overburden· Cretaceous McMurray I · Ncl!urray Economic Ee�; Economic \'Jeig�t % Devonian Sands Sands. Sands Tar Sands Tar Sands Tar Sands Limestone Depth Thickness Thickness Depth Thickness Depth Pase Thickness Bitumen Depth 454' 100.01 165.0 265.01 178.0 327.0 424.0 97.0• 13 ' 443.0 (tl051.6) (+999.6) (+902:6) (t87J.6) ---1-- 502 112.01 136.0 3oa.01 , 193.0 347.2 448.o I 101.0 16 ; 501.0 (+979.2) (+940.0) (-+839.0) ' (t786.2) --+----+-----+-----t------r-----r------+-----:------4291 71.0 149.0 220.0 185.0 230.0 368.0 138.0 13 1 405.0 (+1009.4) (+999.4) (+861.4) (+825.4) .,,.. TABLE #2 I CORE TEST HOLES Ill PROXIJ.IITY TO FORT .McKAY INDIAN RESERVE #174 - 81.0 22.0 22.0 57.0 No Samples ------79.0 · (+937.0) ( .$80.0) 89.5 18.0 18.0 69.01 20.01 54.5 34.5 14 87. 0. , b '(+837.1) (-+835.1) ( t800.6) -- ( +768.1) ., 108.0 6.o 6.o 99.01 ------108.0 . (+919.0) --··------(�'U?.O) 1 66.o 7.0 1 7.0 26.0 No"' Samples-,�" --- 33.0 0 " ; (t331.0) (t857. ) 1� ,. - - t _____ ------___,l. ------·-·---- - 5 - grade and thiclmess throughout the 1262 acres of the ·reserve above the 840 feet elevation cut off, 1262 X 90 = 113,580 acre feet at 12,7 weight percent (1900 bbls/acre foot)= 216 million bbls of bitumen or roughly one quarter of that to be produced from the G.C.O.S, lease, Assuming that the Vaporvac output would be 20,000 b/d the CleaNater project would have a life span of 16 years.· It is again emphasized that these figures are based on assumption and a cursory visual examination of the Clearwater Reserve. FORT McKAY INDIAN RESERVE #174 (Twp.94, R.11W4) On October 16th, I travelled by automobile and b_oat to the Fort McKay Indian Reserve #174 situated on the right bank of the Athabasca River approximately 35 miles 'Z) due north of the town of Fort McMurray. The reserve encompasses 257 acres. The topography of the reserve is relatively flat throughout at a mean elevation of 800 feet.above sea level, gradually rising to an elevation of 875 feet above datum in the northeast quarter of the reserve, The reserve is abundantly forested and well-covered with a mantle of overburden and low vegetation. No natural exposures of tar sands were observed on the reserve. A test pit believed to have been dug by Vaporvac .,_ -----���, Bitumens Limited measuring approximately, :_l X _2,5 _:" et in which some tar sands � .'.' _ _ 7 are exposed was noted at the extreme east boundary of the reserve, In the pit, approximately 0.6 feet of payable grade tar sands is exposed in the north si�e. A small amount of bitumen seepage was noted in the floor of the pit. No geol.ogical attitude was possible to obtain on the exposed tar sands. Visually they appeared to ° be relatively horizontal. An attitude of 145 /2o°N.E. was obtained on buff, fossili ferous Devonian, ( BeaverhillI Lake) limestone which is well exposed along the shore of :'J the Athabasca River at the western bounda.17: of' the reserve. This attitude is ... /6 - 6 - similar to that obtained on the tar sands at the Clearwater #175 reserve and most probably is representative of the tar sands at Fort McKay. Some relatively thin beds of tar sands were noted along the shore of the Athabasca !liver north of the reserve at an olovation of 780 foot. V/hother tho tar sands beds are of sufficient payable thickness on the reserve is problematical. Because of the lack of outcrop, an estimate of the bitumen potential of the Fort McKay Indian Reserve #174 can only be based on regional information presented in the Alberta Oil and Gas Conservation Board report 11The Oil Sands of Alberta 196311. The report indicates an average thickness of 50 feet of sand deposit in the area with negligible overburden. This would give at an average of 12.7 weight percent of bitumen content, approximately 100,000 barrels per acre or 25,700,000 barrels for the entire reserve. Based on the C.G.O.S. figures of a JO year life span for 800 million '1;J barrels of bitumen reserve at a rated output of 45,000 b/d would give a life span of approxima.tely two years for the Vaporvac Bitumen Limited operation at a capacity of 20,000 barrels of bitumen per day. These figures appear to be a little on the high side in relation to the data obtained in core test holes drilled in proximity to the reserve anci shown in Table #2. The report, however, is not. intended to permit an accurate evaluation of any specific individual area and only a detailed evaluation can adequately or accurately detennine the potential of the reserve. Signature ... /7 '• . ! •, • ! i ', .,. . ·., : •1· .. · •.,C."'' - ··•··'-·····- ·····-l. ••···· - p-- '. ········-· l : .. ./8 ! If. /,¢. 18. 7, I/. Eox.r./2' <"KAY :rR. 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