Good morning, members of the Panel and other participants and observers here today.

I am Chief Troy Bossman Knowlton, Chief of Piikani Nation. I will be providing a statement today on behalf of my people, the Piikani.

At the outset, I’d like the Panel to know that Piikani Nation Council is very mindful of the balance to be struck between the need for resource development and self-sufficiency for our people on the one hand, and the environmental and cultural impact of any commercial operations of any kind within our territory.

This balance is at the heart of all decisions that Council makes in relation to projects on Piikani territory – whether or not they are Piikani-owned.

I wish to note that this hearing is being conducted on Blackfoot territory.

Background

I’d like to first provide some background information about Piikani Nation and our people.

Piikani was once a larger group comprised of the Aapatohsipiikani located in Canada and the Aamskapipiikani (South Peigan or Blackfeet Nation) located in the United States.

Piikani Nation is a member of Siksikaitsitapiwa – known in English as the Blackfoot Confederacy – which also includes Siksika Nation, Kainai Nation and Aamsskapipiikani.

Piikani and other Blackfoot peoples were created by Iihtsi-aitapii-yio’p to live in harmony and equality with all other beings in our universe.

Piikani are a People of Land Keepers and storytellers that seek to continue the legacy of our ancestors by preserving our rich cultural heritage and deep connection to our Territory. We are Land Keepers and stewards to all living things, as we are called to never forget the heritage of creation.

Our Territory has been marked since time immemorial by significant landmarks: to the north by the North Saskatchewan River, to the east beyond the Great Sand Hills in Saskatchewan, to the south by the Yellowstone River, and to the west by the Continental Divide. Our Territory has many sacred sites that we continue to connect with, such as Chief Mountain, the Porcupine Hills, and the North Saskatchewan River.

Piikani has inhabited these lands since time immemorial. We live harmoniously with our lands and commune with them through song and ceremony and by continuing our traditions. These lands have sustained our community for thousands of years and were entrusted to us by our Creator.

We are the original inhabitants of these lands, predating the establishment of contemporary North America by many generations. Our history and culture continues to be validated by an increasing number of archaeological findings, proving that our people are inextricably rooted in these lands.

The Creator has given us the responsibility of living as one with our lands. This calls us to be caretakers of all plants, animals, and beings that live upon it. We are dedicated to preserving our Territory for future generations, to ensure that our ways and heritage lives on.

Piikani Nation is also a signatory to the Blackfoot Treaty, which is also known as Treaty 7. The Siksikatsiitapiwa documented their understanding of Treaty No. 7, passed down through oral tradition, and maintain Treaty 7 is in fact a peace treaty and not a surrender of land. The Treaty is described as an agreement to “share” the land in exchange for various benefits.

Piikani Rights

As Indigenous peoples, we have inherent rights, which are recognized and protected by the Constitution.

Our Piikani rights include our Aboriginal title, our rights and interests that have existed since time immemorial, as well as Treaty rights and interests that derive from Treaty 7.

Our inherent Aboriginal rights include, amongst others, rights to hunt, trap, fish and gather, rights to self-determination, rights of self-government, rights to practice and implement Indigenous laws, customs and traditions, rights to speak the Blackfoot language and rights to access land, subsistence and cultural resources in our Territory.

Our rights also include the right to benefit economically from projects and activities occurring within our Territory.

History of Large Projects

Piikani Nation has a long and difficult history with major projects that have negatively affected us in the past, with no net benefit to our Nation.

Over time, there has been significant “taking up” of lands within Piikani Territory, and widespread impacts to Piikani Nation, including significant residential, agricultural, municipal, commercial and industrial activities and developments, many of which proceeded without Piikani Nation involvement or consent.

These impacts have adversely impacted Piikani members’ ability to meaningfully exercise Piikani Rights within our Territory.

These impacts are further exacerbated by a lack of economic opportunities for Piikani members and the loss of access to expansive areas within Piikani Territory. Not only did Piikani members lose access to expansive areas within Piikani Territory, but Piikani Nation and Piikani members were excluded from participating in the economic benefits derived from the exploitation of resources from that land.

A historical example is our vehement opposition to the construction of the Oldman river dam. Many special interest groups supported us, and we took a militant stand against the GOA.

The GOA proceeded anyway and built the dam. Everything our Elders said the GOA would do, it has done. The Old Man River Dam continues to cause damage to our water, fish and habitat.

We have also been affected by the legacy of mining in the Crowsnest Pass. For example, an earlier mine project at the Grassy Mountain site caused significant impacts to Piikani Rights, as the project owner was not required to and did not clean up or reclaim the project area.

As a direct result of those activities, Piikani members have a limited and constrained ability to meaningfully exercise Piikani Rights in the area abandoned after that project.

Piikani Nation did not receive any economic benefit or opportunities (business or employment) from that earlier project and has not received any substantive compensation or benefits as a result of the significant historic impacts on our Piikani rights.

However, we have been forced to live with the consequences of those operations for decades without our input as to how those consequences could have or could be addressed and limited. We continue to live with the legacy of the previous mine at the Grassy Mountain site – a legacy of damage and dust for a project that did not create jobs or prosperity for Piikani.

These are two of the many significant considerations for Piikani Council as we weigh the benefits and impacts of any project on our Territory, including the proposed drilling program that is the subject of today’s hearing.

Piikani Nation Today

Within Piikani Territory is the Piikani Reserve, which encompasses a land mass of 45,591 hectares (112,656 acres) spread across two reserves in southern Alberta.

Of our total population, approximately 40% live off reserve in order to fulfill needs that cannot currently be met in the community, like education, housing and employment.

Piikani Nation is constantly working to break the cycle of poverty and dependency and to become economically viable.

One way to achieve this goal is to use the land and resources in our Territory to enhance and improve the health, education, and social and economic conditions for the community. Government, industry and private owners have flourished for over a hundred years from the land and resources in our Territory. Piikani Nation has been left out of economic opportunities arising from projects and other ventures in our Territory. Piikani Nation is working to change this and to ensure it has an opportunity for meaningful economic participation in projects or activities in our Territory.

Development on Piikani lands

Each time there is a development proposed on our Territory, it presents challenges and opportunities.

Any development must not come at the expense of Piikani rights, lands or traditional ways of life, and if permitted to proceed, must provide for significant opportunities for Piikani Nation and its members.

We urge this panel to keep Call No. 92 of the Truth and Reconciliation Commission top of mind when considering not just this proposed program, but any program or project impacting Indigenous rights and interests.

Call No. 92 is as follows:

We call upon the corporate sector in Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a reconciliation framework and to apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous peoples and their lands and resources. This would include, but not be limited to, the following:
1. Commit to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects.
2. Ensure that Aboriginal peoples have equitable access to jobs, training, and education opportunities in the corporate sector, and that Aboriginal communities gain long-term sustainable benefits from economic development projects.
3. Provide education for management and staff on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.
4. Report annually on progress in implementing these commitments.

These are critical to ensuring that reconciliation is put into action in a meaningful and tangible way. Without that, reconciliation is simply performative.

Referring back to my earlier examples of the Oldman River Dam and prior coal projects up at the Grassy Mountain site, it is easy to see why many Indigenous people do not trust the regulatory process. What is the point of a regulatory process if reconciliation and our constitutionally protected Indigenous rights and interests are not given any weight as part of the process?

Use of Piikani Lands

Most of our Territory, including what is now called the Municipal District of Ranchland, were taken up and sold to private landowners.

Piikani Nation did not and does not derive any benefits (economic or cultural) from, nor has it received compensation for, the taking up and private ownership of our lands.

The residents and businesses, including those located in Ranchland, have derived and continue to derive significant economic benefits. Piikani Nation has been effectively shut out of realizing any similar benefits.

In addition, most residents and businesses located on our Territory actively prevent Piikani members from exercising our rights on and over our Territory and provide no opportunity to Piikani Nation to gain economic benefits from the taking up of Piikani Territory.

Northback’s Proposed Drilling Program

I adopt the written submissions of Piikani Nation, which are found at Exhibit 85.01.

Before addressing the proposed drilling program, I wish to make a few observations:

The applications before the panel are for a proposed drilling program. There are no applications related to a commercial mine before the Panel today. We wish to be clear that Piikani support for the proposed drilling program cannot be assumed to be support for any further applications, including for a commercial mine. Piikani Nation will assess each application as it is filed and determine how we will respond as part of that application process.
We understand that most drilling programs are not subject to a hearing process, specifically because of their routine nature.
We also understand that Northback has undertaken prior drilling programs at the Grassy Mountain site, none of which was subject to a hearing process.
Piikani Nation has expended resources to deal with the current applications that far outweigh what would be expected for these types of applications.

Northback’s proposed drilling program has the potential to impact Piikani Nation Aboriginal and Treaty Title, Rights and Interests.

The work to be performed as part of the Program, if approved, will take place wholly on Piikani Territory. As such, Piikani Nation will be significantly affected by any decision with respect to the Program and any future mining operations.

Piikani Nation has more at stake than any other community or First Nation affected by the Program.

We want to be clear that Piikani Nation does not have an agreement with Northback. Despite that, Piikani Nation supports the applications before the Board today.

In reviewing the proposed drilling program, Piikani Nation Chief and Council, the duly elected governing body of Piikani Nation, has balanced concerns relating to the taking up of lands under Treaty 7 and the potentially adverse impacts on Piikani Rights with a desire to promote the economic and social well-being of Piikani members, all as part of exercising Piikani Nation’s right to self-determination.

After considering the potential benefits and impacts of the proposed drilling program, Piikani Nation submitted a letter of support for the program.

We are of the view that the additional information being gathered through these applications will help us make an informed decision on any future application.

Piikani Nation supports the proposed drilling program for the following reasons:

It will provide Piikani Nation with more data that will be useful in reviewing and assessing any future mining project, and permit Piikani Nation to make an informed decision on any project that may result from the data collected as part of the Program or any other proposed future project.
It will also provide Piikani Nation with more information with respect to a portion of the unreclaimed mine site on Piikani Territory. While that portion is a small part of the overall unreclaimed site, Piikani Nation does not have the resources and expertise to undertake investigations of the site, so any information gleaned from the Program will assist Piikani Nation to understand what future reclamation may be required. Without reclamation, that portion of Piikani Territory will remain inaccessible to Piikani Nation members to exercise Piikani Rights.
It will ensure a continuation of benefits flowing to Piikani Members and businesses, including annual investments in cultural, community, and educational initiatives.
It will result in a number of short and longer-term opportunities for Piikani Nation and its members if approved. Northback has and continues to demonstrate its commitment to Piikani Nation to ensure that we benefit economically from the proposed drilling program. This includes the benefits to Piikani-owned businesses, such as Piikani Security Services Ltd., Piikani Sand and Gravel, and Piikani Travel Centre, as well as direct benefits to Piikani members through Piikani Employment Services, which supports Piikani members in their pursuit of employment opportunities, training Piikani members for specific employment opportunities and working with industrial and other employers to provide support for training initiatives.
Each of these entities has provided submissions to this Panel, which I will not repeat. Piikani Council supports the work being done by each of these entities to advocate for themselves and their employees.
Northback has committed to hire Piikani members as monitors for the proposed drilling program, which not only provides employment opportunities to Piikani members, but also ensures the program is conducted in a manner that avoids or minimizes environmental and cultural impacts to Piikani Nation. This will also operationalize our Indigenous knowledge as part of the monitoring program and continuing our stewardship of our lands.

All of this is contingent on the proposed drilling program proceeding.

Piikani Nation also supports the proposed drilling program because Piikani members can exercise their rights on our Territory impacted by the program.

In recognition of Piikani Rights, Northback has entered into an access management agreement and plan with Piikani Nation, which permits Piikani members to access Northback lands so we can exercise our Piikani Rights.

By entering into the access management agreement and plan with Piikani Nation, Northback is providing Piikani Nation with cultural and economic opportunities that have been denied to Piikani Nation and our members for over a century. While the agreement affects a very small portion of the overall Piikani Territory, it provides Piikani members with access that we did not previously have.

While there are other parties to this Proceeding claiming that their rights are impacted by the Program:

The work to be performed as part of the Program will take place wholly on Piikani Territory;
Piikani Nation and its members will clearly be significantly affected by whether or not the Program is approved; and
Piikani Nation and its members have more at stake than any other community or First Nation affected by the Program.

Should the proposed drilling program be approved, Piikani Nation will work with Northback to ensure that the program is undertaken to highest environmental and safety standards while maximizing the benefits for our members.

Piikani Nation insists on responsible resource and energy development on our lands. Based on the information provided to us to date, and the nature of the applications currently before the panel, we believe that Northback will work with Piikani to ensure that we are able to maximize the benefits of the proposed program for our people and businesses, and that Northback will also work with us to minimize what we understand to be minimal impacts of the proposed drilling program on our community and lands.

Conclusion

In closing, I would like to emphasize two points:

Although Piikani Nation supports the limited proposed drilling program – for the purposes of obtaining further data about the coal available and how it could be mined – Piikani Nation has not entered into any agreements with Northback to support any commercial mining or other operations at the Grassy Mountain site; and
Piikani Nation is only addressing the applications before the Panel today. We will not determine our position with respect to any potential future applications, including any commercial mine applications, until those applications have been filed and we have reviewed all available information and data, and proper consultation has taken place.

Thank you for your time.

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