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

More documents

Recommendations

Info

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. Bouchard & Kennedy Research Consultants Page 1 Page 4 of 200
DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area While most of the documentary materials were already on file with Bouchard & Kennedy Research Consultants, a limited amount of additional research was undertaken, including research at the University of Victoria library and the BC Archives, in addition to a review of microfilms of the Claude Schaeffer collection held by the Glenbow Museum and Archives in Calgary. 1 Materials obtained online during the preparation of this report have been noted. These searches have been made available the Shuswap Indian Band’s 2008 report entitled, Re Tsqwátstens-kucw ne Csalíken’ (Traditional Land Use Study), 2 as well as an April 2009 report prepared by Fish Lake Consulting for the Shuswap Indian Band in connection with the proposed Glacier Howser Hydroelectric project. 3 A report prepared on behalf of the Ktunaxa Nation in 2007 for this same hydroelectric development was also found online and is cited herein. 4 As well, a July 2009 report prepared for the Lakes Division of the Secwepemc was found online; it, too, is cited. 5 Interviews with Shuswap Indian Band members conducted in 1964 were also accessed online and are cited herein. 1 Claude Schaeffer was an American anthropologist and ethnohistorian whose research and writing, undertaken between 1934-1969, included many years of work with the Kutenai, both in the United States and Canada. Schaeffer’s doctoral dissertation discussed the Kutenai subsistence quest (Schaeffer 1940); as well, he was the author of several publications concerning the Kutenai. See Claude Schaeffer (1934-1969). Claude Everett Schaeffer Papers [including Kutenai fieldnotes and manuscripts]. Accession No. 2464. Glenbow Museum and Archives, Calgary, Alberta. See also Claude Schaeffer (1940). The Subsistence Quest of the Kutenai, A Study of the Interaction of Culture and Environment. Unpublished Ph.D dissertation in Anthropology. University of Pennsylvania, Philadelphia. 2 Available online: http://www.shuswapband.net/_pdfs/Shuswap_LandUseStudy.pdf; accessed October 7, 2009. 3 Available online: http://a100.gov.bc.ca/appsdata/epic/documents/p282/d30019/1243973494408_2a1586e8d579998eae738cd87064fab 12176cfc051ed407d456a922c101567f0.pdf; accessed 1 November 2009. 4 Available online: http://a100.gov.bc.ca/appsdata/epic/documents/p282/d30019/1243973252230_2a1586e8d579998eae738cd87064fab 12176cfc051ed407d456a922c101567f0.pdf; accessed 3 November 2009. 5 Sunny LeBourdais (2009). Tult, Transformation of Energy Into Matter. Report prepared for Sexqéltkemc: the Lakes Division of the Secwepemc Nation. Bouchard & Kennedy Research Consultants Page 2 Page 5 of 200
Page 1 and 2: Janet L. Fraser Director, Regulator
Page 3 and 4: Table of Contents 1 2 3 4 5 6 7 8 9
Page 5 and 6: 2 - Consultation Activities Since 1
Page 15 and 16: 3 - Consultation Assessment 1 2 3 4
Page 23 and 24: Page 1 of 200
Page 25: DRAFT REPORT: Rights and Title Inte
Page 29 and 30: DRAFT REPORT: Rights and Title Inte
Page 77 and 78:
DRAFT REPORT: Rights and Title Inte
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
BC hudro m FOR GENERATIONS Chris He
Page 111 and 112:
BC hydro m FOR GENERATIONS Chris He
Page 113 and 114:
BC hydro en FOR GENE RATION S Chris
Page 115 and 116:
Page 93 of 200
Page 117 and 118:
BC hydro FOR GENERATION S Chris Hea
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
BC hydro m FOR GENERAT IONS Chris H
Page 127 and 128:
TERMS OF REFERENCE (TR) CVT - Archa
Page 129 and 130:
TERMS OF REFERENCE (TR) PART 1 - TE
Page 131 and 132:
TERMS OF REFERENCE (TR) existing ac
Page 133 and 134:
TERMS OF REFERENCE (TR) at the begi
Page 135 and 136:
J ./ FOR GENERATIONS Chris Heard BC
Page 137 and 138:
BC hgdro m FOR GENERATIONS Chris He
Page 139 and 140:
Page 141 and 142:
BC hydr-o m FOR GENERATIONS Chris H
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
BC hgdro m FOR GENERATIONS Chris He
Page 149 and 150:
BC hudro m FOR GENERATIONS Chris He
Page 151 and 152:
BC hgdr-o m FOR GENERATIONS Chris H
Page 153 and 154:
Page 127 of 200
Page 155 and 156:
KTUNAXA NATION COUNCIL BCTC RESPONS
Page 157 and 158:
KTUNAXA NATION COUNCIL BCTC RESPONS
Page 159 and 160:
3 Section 4.4.2.1 Canyon Creek- Rep
Page 161 and 162:
3, 4 & 5 Just north of the Frances
Page 163 and 164:
Wildlife and Wildlife Habitat 1 The
Page 165 and 166:
THE KTUNAXA NATION AND THE UPPER CO
Page 167 and 168:
THE KTUNAXA NATION AND THE UPPER CO
Page 169 and 170:
3. APPROACH OF THIS STUDY The main
Page 171 and 172:
BEC: ICH only; wet and cool Wildlif
Page 173 and 174:
Figure 2. Traditional territory of
Page 175 and 176:
The Inissimi Complex was defined fo
Page 177 and 178:
Another group of Ktunaxa, the Qatmu
Page 179 and 180:
Perhaps the greatest of these impac
Page 181 and 182:
The first trading post in Ktunaxa t
Page 183 and 184:
the Tobacco Plains area for three m
Page 185 and 186:
Callesauilk [Upper Kootenays] 91 12
Page 187 and 188:
Kinbaskit, the Chief, who is nearly
Page 189 and 190:
little in the way of fresh insights
Page 191 and 192:
three of their children including F
Page 193 and 194:
Although these accounts confirm tha
Page 195 and 196:
Fig. 4 - From Flanagan’s Indian T
Page 197 and 198:
12. ETHNOGRAPHIC ASSESSMENTS OF TER
Page 199 and 200:
2. James Teit Around the turn of th
Page 201 and 202:
Another example comes from a map as
Page 203 and 204:
The Columbia Lakes moved down the C
Page 205 and 206:
9. Ktunaxa Territory, according to
Page 207 and 208:
Salmon played an important part in
Page 209 and 210:
6. Allan Smith In 1984, on behalf o
Page 211 and 212:
6. Randy Bouchard and Dorothy Kenne
Page 213 and 214:
BIBLIOGRAPHY for KTUNAXA AIUS -THE
Page 215 and 216:
California: The Arthur H. Clarke Co
Page 217 and 218:
Page 195 of 200
Page 219 and 220:
Page 197 of 200
Page 221 and 222:
Page 199 of 200
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?