Written Evidence of the Squamish Nation Westridge Delivery Line Relocation Hearing Order MH-048-2018 File No. OF-Fac-Oil-T260-2017-10 01 July 27, 2018 Squamish Nation 1. The Squamish Nation (“Squamish” or the “Nation”) is a Coast Salish Nation. Squamish is a self-identifying Aboriginal Nation and an Aboriginal people. We currently have approximately just over 4,000 registered members. 2. Since a time before contact with Europeans, Squamish have used and occupied, or assert that we have used and occupied, lands and waters on the southwest coast of what is now British Columbia extending from the Lower Mainland of British Columbia, and including Burrard Inlet, English Bay, Howe Sound, the Squamish Valley and north to Whistler (the “Territory”). We have never surrendered title or rights over our Territory. 3. The boundaries of Squamish Territory encompass all of Burrard Inlet, English Bay and Howe Sound, as well as the rivers and creeks that flow into these bodies of water. A map of the Squamish Territory is attached as Appendix “A” to this evidence. 4. Squamish has occupied, governed and sustained ourselves physically, culturally and spiritually since time immemorial from the areas of our Territory that would be impacted by the Westridge Delivery Line Relocation. Squamish asserts Aboriginal rights, including title and self-governance rights, within these areas pursuant to section 35(1) of the Constitution Act, 1982. 5. Squamish continue to occupy, and be stewards of, our Territory, and harvest resources throughout our Territory, including from the Capilano River at the entrance of Burrard Inlet, for food, social and ceremonial purposes. Squamish are protectors of the Salish Sea and rely heavily on the marine and freshwater resources within our Territory to practice our Aboriginal rights. Squamish Nation Reserves and Village Sites 6. Squamish has 24 reserves located throughout our Territory that are extensively used and occupied by our members. 1 7. Squamish has three reserves located in and at the entrance to Burrard Inlet: Seymour Creek Reserve No. 2 (ch’ích’elxwi7kw) on the north shore close to the Westridge Marine Terminal, Mission Reserve No. 1 (eslhá7an), and Capilano Reserve No. 5 (xwmelchstn). These reserves could be directly impacted by any accidents or malfunctions associated with the Westridge Delivery Line Project. 8. However, not all Squamish villages in the Westridge Delivery Line Project area were designated as reserves. For example, Squamish village sites in what is now Stanley Park were never granted reserve status. Further, Squamish people were removed from certain sites as the City of Vancouver expanded. In 1913, the Squamish inhabitants of our reserve at senákw (Kitsilano IR No. 6) were removed from the site and relocated to the villages of xwmelchstn (Capilano) and eslha7an (Mission) on the north shore of Burrard Inlet. In 1946 our ancestors were compelled to surrender most of that 80-acre IR No. 6 but we have maintained a 10-acre portion of it. A map of Squamish reserves and village sites in proximity to the Westridge Delivery Line Project is attached as Appendix B to this evidence. 9. There are former Squamish villages adjacent to the location of the Westridge Delivery Line Project, including Temtemixwtn (Belcarra) and Titemtsen (Port Moody). Squamish Seasonal Round 10. Squamish has extensive traditional use and occupancy sites in Burrard Inlet and Indian Arm. These sites illustrate the extensive and intensive nature of Squamish use and occupation of these areas, and the dependency of Squamish culture and identity on the marine and aquatic environment. 11. The geographic location of Squamish village sites and harvesting areas reflects the Squamish seasonal round, which was used to efficiently access the resources in Squamish Territory throughout the year. While most villages remained at least partly occupied throughout the year, and there are numerous permanent village sites, many people moved between winter villages on the Squamish and Cheakamus Rivers to summer village sites 2 on Burrard Inlet, Howe Sound, and the Fraser River to continue harvesting local resources through the spring, summer, and fall. 12. Squamish members continue to practice a seasonal round today travelling throughout our Territory to access a wide variety of resources, and engage in cultural and spiritual activities. Squamish people continue to use our Territory for fishing, hunting, and gathering traditional foods for sustenance, social and ceremonial purposes. However, it is becoming more difficult for our people to access resources as the quality, purity and abundance of resources has been adversely impacted by industrial development. Squamish Nation Aboriginal rights and interests 13. Squamish’s distinct system of governance, traditional and cultural practices, spirituality, and harvesting activities are inextricably linked to the lands, waters and resources of our Territory. Squamish continue to use and rely on the resources available in our Territory, in a respectful and sustainable manner. 14. Stewardship and respect for these resources is essential for the survival of Squamish and our distinctive culture. Squamish has a wide set of title, rights and interests that are potentially impacted by the Westridge Delivery Line Project. Squamish take our role and responsibility as stewards of our Territory seriously, and wish to protect our lands and waters for future generations. 15. Chief Ian Campbell, Xwelxwelacha Siyam (Chief Richard Williams) and Paitsmauk (David Jacobs) provided oral evidence to the Board in Chilliwack B.C. for the hearing for the Trans Mountain Expansion Project describing the importance of our lands, water and resources to Squamish culture and identity. The oral evidence of Paitsmauk (David Jacobs) included the following [at paras. 5439- 5440 of the oral evidence transcript - NEB Filing No. A4F2C8]: All we see outside from our windows looking down the beach are freighters, ships, in and out. That’s why I’m afraid today what the damage that if anything happened, it would destroy our home because that harbour, that bay there that’s the home of the Squamish people. It’s always been a home, our home. 3 We look at the maps. We show the territories of the Squamish. I don’t like to use the word “territory”. I say, “That is our home. That is our home”. That land will never go away. Our Squamish people will never go away, so we got to be careful what we do today. The transcript of the oral evidence of Squamish members for the Trans Mountain Expansion Project is attached as Appendix C to this evidence (with tracked changes submitted by the Squamish Nation). Squamish self-government rights 16. An important aspect of Squamish rights and title to our Territory is our ability to govern and act as stewards of the lands, waters and resources within our Territory. Squamish have governed, protected and defended our Territory since time immemorial. 17. Squamish was traditionally governed by our hereditary Chiefs. Chieftainships were associated with discrete areas within the larger Territory. Pre-contact, a complex set of rules and practices, called chiyax and snewayelh, applied within the Chieftainship areas – these rules and practices are inseparable from the lands and waters, and inform Squamish governance of our Territory today. 18. Since 1981, Squamish has governed itself by way of a custom election system. Currently, sixteen Councilors are elected by eligible members 18 years and older and serve four year terms. Each of these 16 Councillor positions is directly related to the 16 hereditary Chiefs that amalgamated on July 23, 1923 to form Squamish’s traditional government. 19. Squamish continues to exercise governance over our Territory in a variety of ways, including by: managing development in our Territory to ensure an abundance of safe traditional resources and foods; undertaking rehabilitation of areas within our Territory that have been contaminated by development; partnering with neighbouring First Nations and the Coast Salish community to jointly share and manage resources; and transmitting the principles of stewardship and resource conservation to the next generation. 20. Squamish has further partnered with government, and proponents, to ensure responsible development within our Territory. An example of this is the 2007 Land Use Agreement – 4 a government to government agreement between Squamish and the Province of British Columbia that incorporates portions of Squamish’s Xay Temixw Land Use Plan into the provincial Land and Resource Management Plan (LRMP). Under the LRMP, Squamish and the Province have agreed to implement protective measures to safeguard over 50,000 hectares of Squamish’s Territory and processes to make collaborative land use decisions. 21. Squamish has been an active member in the Coast Salish Gathering. This gathering is a trans-boundary collective of approximately 60 First Nations/tribes engaged in revitalizing the health and long-term sustainability of the Salish Sea by using marine use planning based on scientific and traditional ecological knowledge. The protection of the Salish Sea extends to the protection of the marine fish and marine mammals within the Salish Sea. 22. Squamish is taking an active role in efforts to reinvigorate and enhance the sustainability of the aquatic ecosystem, including in Burrard Inlet, to combat the effects of industrialization, partnering with various jurisdictions and organizations to implement initiatives that protect our Territory. Recent examples include: