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

DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area
1.0 INTRODUCTION
In September 2009, Lawson Lundell on behalf of BC Hydro asked Bouchard & Kennedy
Research Consultants to summarize and discuss the known and available evidence that may
clarify potential First Nations’ claims of Aboriginal rights and title in the area of the proposed
Columbia Valley Transmission Project. The present report presents the findings of this research.
1.1 Scope and Objectives
The purpose of this review is to assist BC Hydro legal counsel to make an assessment of the
relative strengths of First Nations’ claims of Aboriginal rights and title to the Columbia Valley
Project area. This Project comprises two proposed routes for a transmission line: 1) a line
connecting the existing Invermere Substation with a proposed new substation to be built near
Golden, and; 2) a proposed route that will connect the new substation with the existing Golden
Substation. As such, this report addresses the following issues:
1. The identity of the First Nations historically in the study area and the
contemporary First Nations to which their descendants belong today;
2. Areas currently claimed by the contemporary First Nations, in the treaty process
or otherwise, and the basis for their claims;
3. Nature of the traditional use and occupancy of the study area by First Nations that would
indicate a potential high impact on a group, including:
a) Permanency of use and occupation of the area or site, over time and to date, including:
consistency of occupation, and migration in and out of the study area by the First
Nation(s);
intensity and exclusivity of use and occupation of the study area by a First Nation,
including any “shared” areas and conflicts with other First Nations.
This review and assessment is based on archival and library research, in addition to a review of
previously-compiled known and available ethnographic, ethnohistoric and linguistic materials.
No new interviews with First Nation members have been undertaken. This review includes a
discussion of the availability and reliability of the ethnographic and historical record, and known
conflicts between this record and contemporary First Nation claims.
BC Hydro provided a map showing the location of the project area. In addition, maps or links to
maps showing the areas claimed by the pertinent First Nations have been included in this report.
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