PROSPERITY GOLD-COPPER MINE PROJECT CANADIAN

504912Conservation Alliance.Exhibit 100 by former Chief Arthur Dick, a3letter to Queen Elizabeth the Second and the flag of4the Shuswap Okanagan Confederacy.5photograph of that.678910And we have aExhibit 101 was a PowerPoint presentation byBeth Bedard to the Panel.Exhibit 102 by Beth Bedard -- there are anumber of documents here:-11"Protection of EsketemcLands", document 1.12-"Introduction", document 2.13-"Historical Background."14-A document on "Residential1516School Syndrome."-A document on "Stats Canada172006 Aboriginal Community18Data Initiative in the19Esketemc First Nation."20-And a document, "Canada's21Resilient North, The Impact22of Mining on Aboriginal23Communities."2425Those are the various documents that BethBedard tabled in her presentation.Mainland Reporting Services Inc.courtreporters@shawbiz.ca

505012Then Exhibit 103 by Norma Sure.These aredocuments presented on:3-"Hunting Health Here."4-Then "Video Shoot-Outs," an5article in the Williams Lake6Tribune.7-And "Esketemc Request for8Information for the Treaty9Table from B.C. and Canada,102004."11-12And "Lands and ResourcesNovember 3rd, 1998."13Exhibit 104, Fred Johnson, was a wall poster14showing the Traditional Medicine Wheel based on the15four directions.16wall.17That's a document over here on theExhibit 105 by Beth Bedard, and this, by the18way, there are two exhibits that were, I'll just19identify, that were tabled during the confidential20session.21PowerPoint presentation, 106 by Beth Bedard, the22confidential wall maps.23remain in confidence.2425One was a, which is 105, the confidentialAnd, as I mentioned, thoseExhibit 107 by Dr. Andie Palmer, the bookthat she presented.Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50511Exhibit 108 by Gordon Chipman, this was his2PowerPoint presentation on the Esketemc Community3Forest.456And Exhibit 109 by Lily Johnson, photographson the wall of the Esketemc community activities.And Exhibit 110 by Grand Chief Terry, "Inner7Tribal Fishing Treaty Between Indian Nations; a Treaty8of Mutual Purpose and Support."9And Exhibit 111 by Les Peters, this was10tabled by Chief Robbins at the end of the day11yesterday.12written to Sir Wilfred Laurier 1910.13This was the memorial or the letterSo I believe those are all the exhibits.My14apologies for taking all the time necessary to record15them, but we need to record all of that as part of the16evidence that we're receiving here during our hearing.171819I will now turn to the first speaker of themorning, which I understand is Bruce Barry, please.CHIEF ROBBINS:Mr. Chair, you missed a20couple there."The Honour of All", that we're going21to be submitting.22First Nation.23book that is titled "Sharing, Caring, and the24Consequences" as well as "The Honour of All:25the Esketemc."And it's a story of the EsketemcAnd with that, we're also including aStory ofMainland Reporting Services Inc.courtreporters@shawbiz.ca

50521THE CHAIRMAN:Okay, to be sure that I have2recorded them properly, could you just pass that along3to the Secretariat and I will reintroduce that as a4separate exhibit later to make sure that we have them5on the record.67Thank you.CHIEF ROBBINS:Just to clarify, "The Honour8of All", we are out of copies, so we did have to order9some new copies to be made and they will be in10tomorrow.11I can get it to you?12Is there contact information on it so thatTHE CHAIRMAN:Yes, this is the book, as I13understand it, and there's absolutely no problem14there.15hearings, which would be April 30th, that would be16fine.As long as we can get it by the close of ourIt would be included in the record.17We would like all information received18before -- or at least by the end of the day19April 30th.20is a Saturday, and on May 3rd.2122CHIEF ROBBINS:We have closing remarks on May 1st, whichBy the end of the day?Couldyou give me a time on that?23THE CHAIRMAN:That would be fine.24CHIEF ROBBINS:No, "the end of the day",25what time is the end of the day for you?Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50531THE CHAIRMAN:Oh.I guess "the end of the2day" for us has varied quite a bit, but I guess3technically it would be midnight.4CHIEF ROBBINS:Midnight?5THE CHAIRMAN:Yes.6CHIEF ROBBINS:Okay.7THE CHAIRMAN:Okay, with that, then, we'll8Thank you.turn to Mr. Barry to make his presentation.9Please proceed, sir.10APPLICATION BY MR. BRUCE BARRY:11MR. B. BARRY:Thank you very much, Mr. Chairman,12Elders, and leadership here, and the community13members.14You just made mention with regard to the15record.16provided the Proponent with copies, and yourself, with17copies of our application.18It will be very brief.19And we think it makes common sense at the end of the20day.21We just have a brief application.We haveIt deals with the record.We wish to have this filed.It's an application on behalf of Dr. Makere22Stewart-Harawira, who is an International Observer,23and sitting beside me, for the record.2425Yesterday, she gave a MIHI at the beginningwhich was in her Maori language.Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50541What we're seeking, sir, is to have that made2part of the official record.I've set out in the3application that our grounds are that she was invited4into this territory by Chief Fred Robbins to be an5International Observer and Witness for the purpose of6community hearings.7Moreover, she made a presentation yesterday.8Page 2 of our application, we lay out some of910the legal grounds for that.One, her former role and responsibilities in11her Home Community is that of an Elder and member of12the Waitaha Council of Grandmothers and, in fact, is13the International Grandmother for them, which has a14number of responsibilities.15I make reference to the Public Hearing16Procedures, of note 1.9, which says every effort to17accommodate requests for interpretation will be made.181.3 (sic), regarding the Public Registry,19which gets accessed by all First Nations with regard20to this matter, frequently, every day, numerous times,21but that the purpose, obviously, is for -- to have a22true record of it.23And 1.14, that written transcripts will be24made of all hearing sessions and will be made25available on the public registry within a reasonableMainland Reporting Services Inc.courtreporters@shawbiz.ca

50551period of time.2What has happened here is, which we've set3out sort of more in the affidavit -- and we4appreciate, sir, that this is a community meeting and5the informality of it certainly does add to it;6however, there is overreaching in all of this an7umbrella of legality and protection of rights and8process.9Section 3 -- in fact, I do -- sorry.The10applicant does make reference to Community Meetings,11and I just set out subsection 3.1.2, et cetera.12But what is from there is 3.1.2, manner to13encourage public input, that they are held in a manner14that offers the public an effective opportunity.15You will see, as we move along, that the MIHI16was not put on the official transcript and we wish to17have you order that it be inserted.183.1 (sic):19"Participants who make an oral20statement but do not submit a21written brief will have their22views officially entered into the23record of the proceedings through24the official transcripts."25And that's what we wish to assure.Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50561And that Aboriginal Elders, 3.1.4, will be2able to express their views at any time throughout the3community hearing process and with --4And that you have the power, sir, to choose5to dispense with or vary any aspect of those6procedures at the request of an Elder, as Dr. Makere7Stewart-Harawira is.8910And 3.1.5, that the procedures for thecommunity may vary depending on local or traditionalpractices.11This is an Elder who was invited into the12territory by the Chief of this community.13the practice.14areas.15that basket grass is an indicator species, it's not16indigenous to here, but in fact tells us that they17went down and traded down in the Okanagan and came18back.19locations.20And that'sFrequently, people come from differentYou would have heard about the pit houses,And they indicate, of course, archaeologicalTop of page 3, that all submissions -21written, oral, or otherwise - are placed on a public22registry, which they have done.23And, finally, just making reference to24Canadian Environmental Assessment Act, which states,25amongst other things:Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50571". to promote communication and2cooperation between responsible3authorities and Aboriginal peoples4with respect to environmental5assessment."6We submit, sir, that not directing that the7MIHI given at the beginning of Dr. Stewart-Harawira's8presentation yesterday be made part of the record will9result -- if it's not, you'll end up with a record10that's inaccurate and unrepresentative of what11occurred.12In support of that application, we filed an13affidavit.14go through it.15It's not very long.And I'll just brieflyAs she set out, she was here, she made the16presentation, she was invited to the territory by17Chief Fred Robbins in the capacity of International18Observer.19And in paragraph 3 she sets out to you:20These are "My formal role and responsibilities, in my21Home Community."22She's an Elder, a member of the Waitaha23Council of Grandmothers, International Grandmother .24for same.25And her qualifications.On page 2, at the beginning of herMainland Reporting Services Inc.courtreporters@shawbiz.ca

50581presentation, she addressed those gathered according2to the appropriate formal protocols.3And as you've been very, very respectful,4protocols are very important to give balance to5community life and also to presentations.6And she gave one of her Maori from New7Zealand wherein she acknowledged the Creator and the8prayer and songs of the Elders, the Sky Father, Earth9Mother, the sacred mountains, the sacred Fraser River,10and acknowledged Chief and Elders and all who have11come together for the purposes.12Paragraph 6, which has what we wish you to13insert, she said her greeting, or MIHI, in her Maori14language.15the language given to them by their ancestors.16was purposely actually kept brief.17out for you, or, rather, Dr. Stewart-Harawira has set18out, how it's phonetically written and the translation19of what it means, which is fairly brief, I would like20to read it in the record.Why?Because, A, she's Maori.And it'sAnd itAnd we have set2122"Firstly I acknowledge and23honour the prayers and songs of24the Elders to the Creator.25acknowledge Sky Father standingIMainland Reporting Services Inc.courtreporters@shawbiz.ca

50591there and Earth Mother lying2there, Greetings to you both.3To the sacred mountains and4the sacred Fraser River,5Greetings.6To Chief Fred Robbins, to the7Elders and to the community8gathered here, my Greetings."910And she explains for you, sir, that the MIHI11is fundamental, paragraph 7, for Maori, because it12establishes the protocol of coming to another13territory -- before we came, we asked and received14permission from the Chief to come to their15territory -- because it acknowledges the links between16the people, the land, and the spiritual context within17all that resides and occurs.18Maori woman, when she comes into someone else's land19and other people's land, that she's seen to honour and20acknowledge them appropriately because, to not do so,21in fact, dishonours her own people, as it would if22anyone here went to New Zealand and they did not23follow protocol.2425And it's imperative as aAfter the presentations, she received no -she explained some correct spelling of Maori words,Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50601but was later advised that her greeting in Maori was2not going to be included in the official record of3this community involvement in this matter.4And she notes that it's important that it be5in the transcript because it will reflect what6occurred.7read-ins, et cetera.89And you've been very careful doing theBecause she's an International Witness andObserver, and proper protocol for your -- for the10information as International Observer and Witness --11and Canada First Nations have sent people to New12Zealand, in fact, to reciprocally be International13Observer and witness -- she's obligated to file a14report in the next meeting of the United Nations15Permanent Forum for Indigenous Peoples in a separate16Commission.17one of the world's oldest and largest global18environmental networks, 1,000 government NGO member19organizations, 10,000 volunteer scientists in more20than 160 countries, and it's supported by 110021professional staff in 62 offices and hundreds of22partners in public, non-government organizations and23private sectors around the world.2425And we've set out, in fact, that that'sNow, this is a group whose -- theirheadquarters, in fact, is in -- near Geneva, inMainland Reporting Services Inc.courtreporters@shawbiz.ca

50611Switzerland.2So accordingly, sir, we'd make application3that what you see set out for the MIHI, predominantly4in paragraph 6, be entered into the formal record.5And I understand from Dr. Stewart-Harawira6that if you included the phonetic spelling followed by7the translation that that would accurately reflect the8MIHI.910Those are my submissions, sir, subject to anyquestions you may have.111213We, of course, did provide the proponent witha copy of the application affidavit you have.THE CHAIRMAN:Well, thank you, Mr. Barry.14First of all, let me say it's a bit unusual in an15informal setting like this to receive two affidavits,16but, in any case, we take them very seriously.17I'll make two comments, obviously.18First of all to point out that we do have on19the record the audio recording as we do have the audio20recording of all of the First Nation languages that21have been spoken.22But given the nature of the matter, and given23that it's just been tabled here right now, I think you24can understand that we'd like to -- we will, in fact,25take this under review and we will, in fact, reply toMainland Reporting Services Inc.courtreporters@shawbiz.ca

50621the matter in due course before the end of the2hearings.3MR. B. BARRY:With respect, sir, perhaps4you might -- it would be helpful to have on the record5what the proponent -- if they have a position at all6with regards to this.7THE CHAIRMAN:The --8MR. B. BARRY:Because, I mean, if they9consent, and they say, "Yeah, sure, that's fair"; they10think it's fair and accurate, then that might sort of11buttress our position and speed up the process.12THE CHAIRMAN:I have no problem if -- in13fact, because it's part of the record, obviously14anybody can, in fact, respond to the request.15the proponent wishes to respond to it, that's fine.16Or if they wish to respond in writing later, that's17fine as well.18not make a ruling on it right now, in any case.I'll give them the choice.And ifBut we will19But I'll turn to Taseko to see if they wish20to respond right at the present time or if they wish21to do so later in writing.22232425MR. BELL-IRVING:Mr. Chairman, the proponenttakes no position on this matter.MR. B. BARRY:Mr. Chairman.Thank you very much,You can respond to us through the ChiefMainland Reporting Services Inc.courtreporters@shawbiz.ca

50631and he will get it to us in case there's any sort of2further appropriate response.3Again, I appreciate this is informal and it's4very effective.5an overriding legal umbrella because you're a Federal6Tribunal under the Federal Court Act to be reviewable7by that court.8overly officious but, rather, to create an accurate9record that reflects what occurred.1011But over this entire process, there'sAnd it's not our intent to make itThank you very much, sir.THE CHAIRMAN:We understand.And we're12well aware, of course, of our procedures and the fact13that we are operating an administrative tribunal.14And let me assure you this is no disrespect15to Dr. Stewart-Harawira, but it's a matter that, as I16said, we will take under consideration and respond in17due course to you -- or to Chief Robbins on the issue18that you have raised.19Thank you.20MR. B. BARRY:Thank you very much, sir.21THE CHAIRMAN:I understand we don't have a22list of speakers at the moment, but perhaps I can turn23to Chief Robbins -- oh, I see, it's just coming.24we'll get a copy of that right now.25SoWe have some community members, I understand,Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50641who wish to speak to us, but I'll have the list in a2moment here.3CHIEF ROBBINS:Mr. Chair, in recognition of4Chief Shane Gottfriedson, he's brought in a Shuswap5staff that represents the 17 Shuswap Nations.6recognition, I would like to also introduce Chief7Shane Gottfriedson.89So, inWhile he's getting his staff together, just abrief history.The staff was made by the 17 Shuswap10Bands and it represents with the 17 feathers.It was11a Declaration that was signed by previous Chief Arthur12Dick, who is kneeling before you in the altar.13from that Declaration, the staff was made to represent14the unity of these Nations, both in the Secwepemc15territory and the Shuswap territory.And16Thank you.17If some of the Elders could come up so they18could address the staff with a song.19(Aboriginal Language Spoken).20Come join us.Shuswap Chiefs, come forward.21(DRUMMING CEREMONY TO HONOUR THE EAGLE STAFF (SHUSWAP22STAFF))23CHIEF ROBBINS:2425Thank you, Mr. Chair.Our next speaker was to be Wilfred RobbinsSenior.He's also a Councillor of the Esketemc.HeMainland Reporting Services Inc.courtreporters@shawbiz.ca

50651understands the importance of the staff, so he's gone2out to look for a bucket so that we can have it stand.3THE CHAIRMAN:Okay, we'll wait until --4CHIEF ROBBINS:Well, he is here.5THE CHAIRMAN:While he's doing that, I'll6just go through the list of speakers that we have7before us.8As Chief Robbins said, the next speaker is:9-1011Wilfred Robbins Senior, whois an Esketemc Councillor;-12Virginia Robbins, Bev Sellarsand Teena Sellars together;13-Secwepemc Chiefs;14-Patricia Chelsea, who is an15Esketemc Councillor, and16Former Chief William Chelsea17together;18-1920Esketemc Councillor;-212225Joyce Johnson, an EsketemcCouncillor;-2324Troy Dan Senior, who is anNeil Paul, an EsketemcCouncillor;-Bertha Robbins, an EsketemcCouncillor;Mainland Reporting Services Inc.courtreporters@shawbiz.ca

50661-2Band member;3-4-6That

presentation by mr . darrell theodore : 5259 presentation by lightning child : 5263 presentation by john: 5268 presentation by ms . elizabeth hunt, legal counsel for esketemc first nation: 5270 presentation by elder jeannie belleau : 5290