SITE C CLEAN ENERGY PROJECT VOLUME 5 APPENDIX A03 PART 1 COMMUNITY SUMMARY: BLUEBERRY RIVER FIRST NATIONS FINAL REPORT Prepared for: BC Hydro Power and Authority 333 Dunsmuir Street Vancouver, B.C. V6B 5R3 Prepared by: Fasken Martineau 2900-550 Burrard Street Vancouver, B.C. V6C 0A3 January 2013 Site C Clean Energy Project Volume 5 Appendix A03 Part 1 Community Summary: Blueberry River First Nations Blueberry River First Nations Blueberry River First Nations (BRFN) has two reserves covering 1508.8 ha.1 The main community lives on Blueberry River IR No. 205 located approximately 80 km northwest of Fort St. John.2 The second reserve is the south half of Beaton River No. 204. 3 The North Half of Beaton River No. 204 belongs to the Doig River First Nation.4 According to Aboriginal Affairs and Northern Development Canada, as of December 2012, BRFN has a registered population of 469, with 204 members living on their own reserves.5 BRFN has a Chief and four Councillors, and uses the Indian Act electoral system.6 BRFN’s economic activities include a band office, convenience store, slashing, trapping, firefighting and ranching.7 BRFN is a Treaty 8 signatory but is not a member of the Treaty 8 Tribal Association.8 History BRFN members are culturally Beaver (Dane-zaa), part of the Northern Athapaskan language group. Some members also speak Cree, part of the Algonquian language group.9 The Beaver have lived in the Peace River since at least the early days of contact with Europeans in the late 1700s. Old Joseph Apsassin, a Cree ancestor, joined the Band through marriage circa 1895–1898.10 The BRFN was historically joined with the Doig River people as a single administrative entity, known as the Fort St. John Indian Band.11 When the Fort St. John Band dissolved in 1977, BRFN became an independent band.12 1 Aboriginal Affairs and Northern Development Canada (AANDC). 2012. First Nation Detail, Blueberry River First Nations. Available at: http://pse5-esd5.ainc- inac.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=547&lang=eng. Accessed: December 2012 (“AANDC, Blueberry River First Nations”). 2 Treaty 8 Tribal Association. 2012. Communities, Blueberry River First Nations. Available at: http://www.treaty8.bc.ca/communities/blueberry.php. Accessed: December 2012 (“Treaty 8 Tribal Association, Blueberry River First Nations”). 3 AANDC, Blueberry River First Nations. 4 Aboriginal Affairs and Northern Development Canada (AANDC). 2012. First Nation Detail, Doig River First Nation. Available at: http://pse5-esd5.ainc- inac.gc.ca/fnp/Main/Search/FNMain.aspx?BAND_NUMBER=548&lang=eng. Accessed: December 2012. 5 AANDC, Blueberry River First Nations. 6 AANDC, Blueberry River First Nations. 7 Treaty 8 Tribal Association, Blueberry River First Nations. 8 Treaty 8 Tribal Association. 2012. Communities, Overview. Available at: http://www.treaty8.bc.ca/communities/. Accessed: December 2012. 9 Treaty 8 Tribal Association, Blueberry River First Nations. 10 Bouchard & Kennedy Research Consultants. 2011. Dawson Creek/Chetwynd Area Transmission Project: Blueberry River First Nations Traditional Land Use. Prepared for Blueberry River First Nations and BC Hydro. at 49. 11 The Fort St John Band is also known as the Beaver Band of Fort St John. Other historical documents refer to the band as the St John Band, the St John Beaver Band of Indians, and the St John Beaver Band. The Supreme Court, in its decision in Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development), [1995] 4 SCR 344 (“Blueberry River Indian Band v. Canada”), refers to the band as the “Beaver Band”. See: Indian Claims Commission (ICC). 2006. Blueberry River First Nation, Doig River First Nation, Highway Right of Way IR 172 Inquiry. Ottawa, ON. Available at: 1 of 3 Site C Clean Energy Project Volume 5 Appendix A03 Part 1 Community Summary: Blueberry River First Nations The Fort St. John Indian Band adhered to Treaty 8 on May 30, 1900.13 In 1913, the Band selected the site of its reserve, St. John Reserve No. 172. The 28 sq. mi. were surveyed in July 1914 and IR 172 was confirmed by Order-in-Council PC 819 on April 11, 1916.14 This reserve was used as the site of its summer campground.15 The Fort St. John Band continued to use IR 172 as a summer gathering place after 1914, but a permanent settlement was never established there, as they would hunt and trap for the winter and spring months. Near the end of World War II, the federal government established a program that made agricultural land available to returning veterans. The possibility of using IR 172 for this program came under consideration, and ultimately the Fort St. John Band agreed to surrender IR 172 to the Crown. In 1948, the Department of Indian Affairs transferred IR 172 to the Director of the Veterans' Land Act for $70,000.16 The Department of Indian Affairs used a portion of the $70,000 from the sale of IR 172 to purchase other lands further north, which became the Fort St. John Band's new reserves.17 Treaty Land Entitlement Claim Canada has accepted the treaty land entitlement claims of BRFN and Doig River First Nation respecting alleged shortfalls in their original Treaty 8 land entitlements. Canada subsequently sought the involvement of B.C. in the negotiations to resolve the claims. B.C. agreed to participate.18 http://publications.gc.ca/collections/Collection/RC31-33-2006E.pdf. Accessed: December 2012 (“ICC, Highway Right of Way IR 172 Inquiry”). 12 Blueberry River Indian Band v. Canada at para. 29. 13 ICC, Highway Right of Way IR 172 Inquiry at 4. 14 ICC, Highway Right of Way IR 172 Inquiry at 4. 15 Blueberry River Indian Band v. Canada at para. 25. 16 Blueberry River Indian Band v. Canada at paras. 27–28. 17 Blueberry River Indian Band v. Canada at para. 27. 18 Ministry of Aboriginal Relations and Reconciliation (MARR). 2012. Treaty 8 First Nations. Available at: http://www.gov.bc.ca/arr/firstnation/treaty_8/default.html. Accessed: December 2012. 2 of 3 Site C Clean Energy Project Volume 5 Appendix A03 Part 1 Community Summary: Blueberry River First Nations Traditional Territory Map BRFN. 2012. Blueberry Traditional Territory Map 3 of 3 SITE C CLEAN ENERGY PROJECT VOLUME 5 APPENDIX A03 PART 2 BC HYDRO CONSULTATION SUMMARY: BLUEBERRY RIVER FIRST NATIONS FINAL REPORT Prepared for: BC Hydro Power and Authority 333 Dunsmuir Street Vancouver, B.C. V6B 5R3 Prepared by: Site C First Nations Engagement Team Suite 1100, Four Bentall Centre 1055 Dunsmuir Street P.O. Box 49260 Vancouver, B.C. V7X 1V5 January 2013 Site C Clean Energy Project Volume 5 Appendix A03 Part 2 BC Hydro Consultation Summary: Blueberry River First Nations Volume 5 Appendix A, Part 2, provides a summary of consultation activities undertaken by BC Hydro with each of the 29 Aboriginal groups listed in Table 9.1 of the EIS, as required pursuant to section 7.2.1 of the EIS Guidelines. This summary describes consultation activities that took place between November 1, 2007 and November 30, 2012, including meetings, phone calls, letters and emails, and consists of a high-level description of “key events” followed by a chronological summary of the consultation process during the above time period. Appendix A, Part 2, will be updated with new or additional information prior to the submission of the EIS to the Joint Review Panel. BLUEBERRY RIVER FIRST NATIONS CONSULTATION SUMMARY Defined terms “AIA” Archaeological Impact Assessment “AMEC” AMEC Earth & Environmental, consultant for BC Hydro “AOA” Archaeological Overview Assessment “Archaeology Branch” Archaeology Branch, Province of British Columbia “Archer” Archer CRM Partnership, consultant for BC Hydro “BCEAO” Environmental Assessment Office, Province of British Columbia “Blueberry” Blueberry River First Nations “Bouchard & Kennedy” Bouchard and Kennedy Research Consultants, consultant for Blueberry River First Nations “CEA Agency” Canadian Environmental Assessment Agency “Decision Economics” Decision Economics Consulting Group, consultant for BC Hydro “EA” environmental assessment “EIS” Environmental Impact Statement 1 of 84 Site C Clean Energy Project Volume 5 Appendix A03 Part 2 BC Hydro Consultation Summary: Blueberry River First Nations “EIS Guidelines” Environmental Impact Statement Guidelines, formerly called the Application Information Requirements “GIS” Geographic Information Systems “Golder” Golder Associates Ltd., consultant for BC Hydro “IBA” Impact Benefit Agreement “ILMB” Integrated Land Management Bureau, Province of British Columbia “Keystone” Keystone Wildlife Research Ltd., consultant for BC Hydro “MEMPR” Ministry of Energy, Mines and Petroleum Resources “MSES” Management and Solutions in Environmental Science Inc., consultant for Blueberry River First Nations “Potential Downstream Site C Clean Energy Project, Potential Downstream Changes (BC Changes Report” or Hydro, May 2012) “updated Downstream Report” “Province” Province of British Columbia “Ratcliff & Company” Ratcliff and Company LLP, legal counsel for Blueberry River First Nations “RFP” request for proposal “Site C” or “the Project” Site C Clean Energy Project “Stage 1 Summary Summary: Stage 1 Review of Project Feasibility (BC Hydro, Report” December 2007) “Stage 2 Consultation Stage 2 – Proposed Site “C” Project Agreement for Consultation Agreement” and Collaboration between Blueberry River First Nations and BC Hydro, dated October 2, 2008 “Stage 2 Report” Stage 2 Report: Consultation and Technical Review (BC Hydro, Fall 2009) “Stage 3 Consultation Site C Clean Energy Project Stage 3 Consultation Agreement between Blueberry River First Nations and BC Hydro, dated 2 of 84 Site C Clean Energy Project Volume 5 Appendix A03 Part 2 BC Hydro Consultation Summary: Blueberry River First Nations Agreement” September 2, 2010 “TAC” Technical Advisory Committee “TLUS” traditional land use study “TLUS Agreement” Blueberry River First Nations Traditional Land Use Study Agreement for Site C Clean Energy Project between Blueberry River First Nations and BC Hydro, dated September 2, 2010 Key events November 1, 2007 – June 30, 2008 BC Hydro made initial contact with Blueberry on November 21, 2007, and expressed its commitment to effective consultation with respect to the Project.