JOINT REVIEW PANEL FOR THE ENBRIDGE NORTHERN GATEWAY PROJECT COMMISSION D’EXAMEN CONJOINT DU PROJET ENBRIDGE NORTHERN GATEWAY Hearing Order OH-4-2011 Ordonnance d’audience OH-4-2011 Northern Gateway Pipelines Inc. Enbridge Northern Gateway Project Application of 27 May 2010 Demande de Northern Gateway Pipelines Inc. du 27 mai 2010 relative au projet Enbridge Northern Gateway VOLUME 22 (Revised) Hearing held at Audience tenue à Old Massett Community Hall 348 Eagle Avenue Old Massett, British Columbia February 28, 2012 Le 28 février 2012 International Reporting Inc. Ottawa, Ontario (613) 748-6043 © Her Majesty the Queen in Right of Canada 2012 © Sa Majesté du Chef du Canada 2012 as represented by the Minister of the Environment représentée par le Ministre de l’Environnement et and the National Energy Board l’Office national de l’énergie This publication is the recorded verbatim transcript Cette publication est un compte rendu textuel des and, as such, is taped and transcribed in either of the délibérations et, en tant que tel, est enregistrée et official languages, depending on the languages transcrite dans l’une ou l’autre des deux langues spoken by the participant at the public hearing. officielles, compte tenu de la langue utilisée par le participant à l’audience publique. Printed in Canada Imprimé au Canada HEARING /AUDIENCE OH-4-2011 IN THE MATTER OF an application filed by the Northern Gateway Pipelines Limited Partnership for a Certificate of Public Convenience and Necessity pursuant to section 52 of the National Energy Board Act, for authorization to construct and operate the Enbridge Northern Gateway Project. HEARING LOCATION/LIEU DE L'AUDIENCE Hearing held in Old Massett (British Columbia), Tuesday, February 28, 2012 Audience tenue à Old Massett (Colombie-Britannique), Mardi, le 28 février 2012 JOINT REVIEW PANEL/LA COMMISSION D’EXAMEN CONJOINT S. Leggett Chairperson/Présidente K. Bateman Member/Membre H. Matthews Member/Membre Transcript Hearing Order OH-4-2011 ORAL PRESENTATIONS/REPRÉSENTATIONS ORALES Council of the Haida Nation/Old Massett Village Council Chief Guujaaw Margaret Edgars Reg Davidson Oliver Bell Allan Davidson Trevor Russ Leslie Brown Vanessa Bellis Ronald Brown Jr. Chief Allan Wilson Russ Jones Robert Davidson Transcript Hearing Order OH-4-2011 TABLE OF CONTENTS/TABLE DES MATIÈRES (i) Description Paragraph No./No. de paragraphe Opening remarks by Chief Allan Wilson 12294 Opening remarks by Chief Guujaaw 12301 Opening remarks by the Chairperson 12309 Opening remarks by Member Matthews 12313 Opening remarks by Member Bateman 12316 Opening remarks by the Chairperson (Continued) 12318 Preliminary matters 12336 Council of the Haida Nation/Old Massett Village Council Chief Guujaaw Margaret Edgars Reg Davidson Oliver Bell Allan Davidson Trevor Russ Leslie Brown Vanessa Bellis Ronald Brown Jr. Chief Allan Wilson Russ Jones Robert Davidson - Oral presentation by Chief Guujaaw 12364 - Oral presentation by Margaret Edgars 12423 - Oral presentation by Reg Davidson 12533 - Oral presentation by Oliver Bell 12599 - Oral presentation by Allan Davidson 12689 - Oral presentation by Trevor Russ 12731 - Oral presentation by Leslie Brown 12778 - Oral presentation by Vanessa Bellis 12839 - Oral presentation by Ronald Brown Jr. 12926 - Oral presentation by Chief Allan Wilson 12969 - Oral presentation by Russ Jones 13091 - Oral presentation by Robert Davidson 13250 Closing remarks by Reverend Bell 13333 Transcript Hearing Order OH-4-2011 LIST OF EXHIBITS/LISTE DES PIÈCES (i) No. Description Paragraph No./No. de paragraphe Ruling No. 26 To accept the request of the Council of the Haida Nation and the Old Massett Village Council to make their oral evidence presentations together for a total of six hours 12346 Ruling No. 27 To accept the expert report by Susan Marsden entitled “The Gitga’at: Their History and their Territories” to be filed as late written evidence on the public registry - A39471 12919 Visual Aid No. 32 Package of documents submitted by the Haida Nation to be used as visual aids for their presentation - A39478 12595 Visual Aid No. 33 Late written evidence received from Old Massett Village Council 13214 Transcript Hearing Order OH-4-2011 Opening remarks --- Upon commencing at 9:10 a.m./L’audience débute à 9h10 (Opening Ceremony and Opening Prayer/Cérémonie d’ouverture et Prière d’ouverture) 12294. CHIEF ALLAN WILSON: Good morning, people of the Haida Nation, visitors to Haida Gwaii. Xaadaa ‘Laasis, my fellow Chiefs at Haida Nation welcome you. People of Haida Gwaii, friends and relatives welcome you. 12295. Haida Gwaii is our home. Just saying that, it sounds so powerful. We the people of the Haida Nation and friends of the nation have had battle for a number of years. The Haida people have stood up for what they believe in. We faced many adversaries, some a multitude, some singly. And I’m going to brag; we’ve always come out the victor. 12296. We have support of many. This is our home, Haida Gwaii, and we the people of the Haida Nation will protect it at all costs. It belongs not only to us, but to our children and grandchildren and those in the future. 12297. There’s many here on Haida Gwaii that have chosen it as home. They know the value of it as we do and we’ll stop at nothing to protect it. It’s our home. We live by it every day. 12298. I just want to thank all our friends of the Haida Nation that have come out in support and we will give you everything that we have from our heart to let you know about our home and how much we value it. And I just want to thank everyone for coming out today. Hai, it makes me feel so proud to see this. 12299. Our ladies held in high esteem sitting at the table, all our witnesses sitting at this table, our fellow villages seated at the table there, all our Chiefs, welcome to everyone. Thank you for your support. 12300. And I would just like to call on our President of the Council of the Haida Nation to say a few words. Guujaaw. 12301. CHIEF GUUJAAW: XaaydaGa 'Laasis, our Chiefs, matriarchs, I just wanted to say a few words before we turn this over to the Panel, and mainly to dispel some of the misgivings and mistrust that we feel in coming into this, just to say it so that the Panel understands our feelings but also so that we don’t have to bear it throughout the whole process. Transcript Hearing Order OH-4-2011 Opening remarks 12302. Our people, of course, are concerned about what is proposed here and more concerned when they see a government who have seems to have already made up their mind. We know the stakes that are in front of us for our people and we know that it’s about big money, and big money could mean -- usually means big trouble. 12303. There’s been lots of things reported and some of it has to do with our people. There was stories that our Chiefs had all taken money from environmentalists. We’ve heard stories about people being paid off by Enbridge and other things. I want to assure you that our Chiefs have not taken any money from anybody for this; as far as I know, anyway. 12304. And it is, you know, a rude insult for somebody to suggest that such a thing -- that this is our motive for what we’re saying here today. 12305. Our people have been here for a long, long time and it’s not through any gift of the government that we have rights or privileges or anything like that. It comes from our ancestry, our birthplace here, and there was -- there is scheduled to be another guest. He’s not here. I hope to say this in front of him, but that also makes us uncomfortable that there is people coming in from outside to speak here on what really is -- we thought was a forum for our people and the island people to speak. 12306. He’s from the Métis and our people of mixed blood are simply Haidas; it’s not -- and enjoy all the rights that all of us enjoy. And so I just wanted to say that so that the discomfort of not saying it doesn’t persist throughout the hearing. 12307. So at that, I thank all the Chiefs for being here with us and to the Panel for coming here and all the people that are in attendance. 12308. And we’ll turn it now to the Panel. Háw'aa. 12309. THE CHAIRPERSON: Thank you very much. 12310. Good morning, everyone. My name is Sheila Leggett and on my left-hand side is Mr. Hans Matthews and on my right-hand side is Mr. Kenneth Bateman, and we’re the Panel who are here today. We’re honoured and privileged to have the opportunity to be here today. 12311. And I think my Panel mates would like to just say a few words before we get under way with the procedural aspects of this. Transcript Hearing Order OH-4-2011 Opening remarks 12312. Thank you. 12313. MEMBER MATTHEWS: Thank you. 12314. I’d like to really thank the Elders and the Hereditary Chiefs, the Chiefs for inviting us and welcoming us. It’s so nice to be here. It’s the first time I’ve ever been here. I’ve flown over it once and I was really impressed, and I’m looking forward to hearing what everyone from the Haida Nation has to share with us. 12315. And I want thank the many generations of the Haida Nation for being here today.