Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

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3 – Consultation Assessment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3.1.5 Metis The Metis Nation of British Columbia (MNBC) registered as an intervenor in these proceedings by letter dated March 15, 2010 [Exhibit C9‐1]. In the letter, MNBC submits that the Crown must consult with MNBC in respect of the Project. BC Hydro is not aware of any assertion of Metis rights in the CVT Project area, other than the broad assertions made in the March 15, 2010 letter. The Province of B.C. has not acknowledged the existence of any section 35(1) Metis rights in British Columbia. BC Hydro does not agree with the MNBC’s statement that a broad assertion of Metis harvesting and traditional land use rights to the Province of British Columbia is sufficient to trigger a consultation obligation. The March 15, 2010 letter simply states that some Metis may reside in the Project area and they have done so for many years. There is no evidence of an historic distinct, cohesive Metis community nor of a contemporary Metis community with a real link to such an historic community. BC Hydro is of the view that there is no obligation to consult with Metis who may reside in the project area. 3.2 Project Impacts The short‐term impacts of the Project, which primarily arise during the construction of the Project, will range from low at existing sites to medium, particularly along the transmission line route (vegetation clearing and construction of new transmission towers and related facilities). BC Hydro is of the view that the overall long‐term impacts of the Project are likely to be low to medium with appropriate mitigation measures. The impacts will be geographically limited in that they will largely occur within the physical footprint of the Project itself (cleared right of way areas, transmission towers, and substation sites), and will mainly relate to the transmission line and towers. The impacts will effectively be permanent in that it is probable that the transmission line will remain in use well into the reasonably foreseeable future. BCTC Columbia Valley Transmission Project – <strong>Evidence</strong> on Adequacy of First Nations Consultation 14 7 May 2010
3 – Consultation Assessment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BC Hydro acknowledges that First Nations have expressed important concerns about access based on the view that cleared right of ways may make it easier for the public (hunters, fishers, and recreational users) to access otherwise remote areas which may, in turn, affect the availability of important animal resources. Some of the proposed accommodation measures are described earlier in this supplemental filing. BC Hydro notes there is considerable existing development in the area (existing communities, business and industry, farms, ranches and homes) and infrastructure (transmission lines, substations and existing roads). BC Hydro has committed to working with the KNC and the appropriate government agencies to alleviate the KNC’s concerns in this regard to the extent possible. Ongoing vegetation clearing and maintenance may affect First Nation interests, although these activities will occur within the right‐of‐ways and therefore will be of limited geographical scope. Facilities maintenance (towers, line, and substations) will likely have low long‐term impacts. 3.3 Other Factors Other factors that have informed the consultation analysis in the context of this Application include: 19 20 (a) The transmission line component of the Project is a greenfield project (as opposed to the expansion or reinforcement of an existing facility); 21 22 (b) There will be a material change in the use of Crown land along the transmission line right of way in particular; 23 (c) The Project will not traverse any existing First Nation communities or reserves; 24 (d) There are existing transmission lines and substations in the upper Columbia Valley; BCTC Columbia Valley Transmission Project – <strong>Evidence</strong> on Adequacy of First Nations Consultation 15 7 May 2010
Page 1 and 2: Janet L. Fraser Director, Regulator
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BC hudro m FOR GENERATIONS Chris He
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BC hydro m FOR GENERATIONS Chris He
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BC hydro en FOR GENE RATION S Chris
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BC hydro FOR GENERATION S Chris Hea
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BC hydro m FOR GENERAT IONS Chris H
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TERMS OF REFERENCE (TR) CVT - Archa
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TERMS OF REFERENCE (TR) PART 1 - TE
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TERMS OF REFERENCE (TR) existing ac
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TERMS OF REFERENCE (TR) at the begi
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J ./ FOR GENERATIONS Chris Heard BC
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BC hydr-o m FOR GENERATIONS Chris H
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BC hudro m FOR GENERATIONS Chris He
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KTUNAXA NATION COUNCIL BCTC RESPONS
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KTUNAXA NATION COUNCIL BCTC RESPONS
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3 Section 4.4.2.1 Canyon Creek- Rep
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3, 4 & 5 Just north of the Frances
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Wildlife and Wildlife Habitat 1 The
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THE KTUNAXA NATION AND THE UPPER CO
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THE KTUNAXA NATION AND THE UPPER CO
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3. APPROACH OF THIS STUDY The main
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BEC: ICH only; wet and cool Wildlif
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Figure 2. Traditional territory of
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The Inissimi Complex was defined fo
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Another group of Ktunaxa, the Qatmu
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Perhaps the greatest of these impac
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The first trading post in Ktunaxa t
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the Tobacco Plains area for three m
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Callesauilk [Upper Kootenays] 91 12
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Kinbaskit, the Chief, who is nearly
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little in the way of fresh insights
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three of their children including F
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Although these accounts confirm tha
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Fig. 4 - From Flanagan’s Indian T
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12. ETHNOGRAPHIC ASSESSMENTS OF TER
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2. James Teit Around the turn of th
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Another example comes from a map as
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The Columbia Lakes moved down the C
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9. Ktunaxa Territory, according to
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Salmon played an important part in
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6. Allan Smith In 1984, on behalf o
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6. Randy Bouchard and Dorothy Kenne
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BIBLIOGRAPHY for KTUNAXA AIUS -THE
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California: The Arthur H. Clarke Co
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