in the matter of the joint review panel (joint panel ... · robert j. mueller, board counsel ms....

Realtime [email protected]

2976

IN THE MATTER OF THE JOINT REVIEW PANEL ("JOINT PANEL")ESTABLISHED TO REVIEW THE JACKPINE MINE EXPANSION,FORT MCKAY, ALBERTA, ("PROJECT") PROPOSED BY SHELL

CANADA LIMITED ("SHELL")

AND IN THE MATTER OF ALBERTA ENERGY RESOURCESCONSERVATION BOARD ("ERCB") APPLICATION NO. 1554388

AND IN THE MATTER OF CANADIAN ENVIRONMENTAL ASSESSMENTAGENCY ("AGENCY") CEAR NO. 59540

AND IN THE MATTER OF THE ENERGY RESOURCES CONSERVATIONACT R.S.A. 2000 C. E-10

AND IN THE MATTER OF THE OIL SANDS CONSERVATION ACT,R.S.A. 2000, C.0-7

AND IN THE MATTER OF THE CANADIAN ENVIRONMENTALASSESSMENT ACT, 2012, S.C. 2012, C. 19, S. 52

BY THEALBERTA ENERGY RESOURCES CONSERVATION BOARD AND THE

GOVERNMENT OF CANADA

_______________________________________

PROCEEDINGS AT HEARING

NOVEMBER 14, 2012

VOLUME 13

PAGES 2976 TO 3327

________________________________________

C o p y

________________________________________

Held at:MacDonald Island Park151 MacDonald Drive

Fort McMurray, AlbertaT9H 5C5


2977

APPEARANCES

JOINT PANEL:

Mr. Jim Dilay, Panel ChairMr. Alex Bolton, Panel MemberMr. Les Cooke, Panel Member

CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY (CEAA):

Charles Birchall, Esq., CEAA CounselMs. Jill Adams, Joint Review Panel ManagerMs. Lucille Jamault, Manager of Communications

ENERGY RESOURCES CONSERVATION BOARD (ERCB):

Gary Perkins, Esq., Board CounselMs. Meighan LaCasse, Board CounselRobert J. Mueller, Board Counsel

Ms. Amanda Black, Hearing CoordinatorMr. Darin Barter, ERCB Communication

PANEL SECRETARIAT:Mr. Paul AguasMs. Gladys OnovwionaMr. Yetimgeta MihiretuMs. Tara WangMs. Krista BoychukMs. Erin ToughMr. Steven van LingenMr. Don SouthMr. Michael BevanMs. Afshan MahmoodMr. Daniel MartineauMs. Courtney TrevisMr. Jean-Pierre ThonneyMs. Deborah Austin


2978

APPLICANT

Shawn Denstedt, Q.C. ) Shell Canada Ltd.Sander Duncanson, Esq. )Dan Kolenick, Esq. )

INTERVENERS (in alphabetical order):

Eamon Murphy, Esq. ) Athabasca ChipewyanMs. Jenny Biem ) First Nation

Kirk Lambrecht, Q.C. ) Attorney GeneralJames Elford, Esq. ) of Canada

Ms. Donna Deranger ) Donna Deranger) (Self-represented)

Ms. Karin Buss ) Fort McKay First Nation) and Fort McKay Métis) Community Association

Rangi Jeerakathil, Esq. ) Fort McMurray #468 First) Nation

Ms. Anna Johnston ) John Malcolm, the) Non-Status Fort) McMurray/Fort McKay) First Nation and the) Clearwater River Paul) Cree Band #175

Ms. Cynthia Bertolin ) Métis Nation of AlbertaMs. Debbie Bishop ) Region 1 and the

) individuals and groups) named together with) Region 1

Don Mallon, Q.C. ) Mikisew CreeMs. Daniela O'Callaghan ) First Nation

Thomas Rothwell, Esq. ) Minister of Justice and) Attorney General of) Alberta) (No further) participation)


2979

Ms. Karin Buss ) Oil Sands EnvironmentalMs. Melissa Gorrie ) Coalition

Ray Purdy, Q.C. ) Regional Municipality ofMs. Katherine Morianos ) Wood BuffaloTore Purdy, Esq. )

Ms. Chelsea Flook ) Sierra Club Prairie(Registering on its behalf) )

Ms. Melissa Gorrie ) Keith Stewart(Registering on his behalf) )

Ms. Sheliza Ladha ) Syncrude Canada Ltd.

Ms. Kellie Johnston ) TOTAL E&P Canada Ltd.

Ms. Melissa Gorrie ) Clinton Westman(Registering on his behalf) )

Ms. Melissa Gorrie ) Anna Zalik and(Registering on their behalf) Osume Osuoka

REALTIME COURT REPORTING:

Realtime Connection, Inc.Nancy Nielsen, RPR, RCR, CSR(A)Stephen Gill, OCR


2980

INDEX OF PROCEEDINGS

DESCRIPTION PAGE NO.

WEDNESDAY, NOVEMBER 14, 2012(8:30 A.M.)

2986

MÉTIS NATION OF ALBERTA - REGION 1 ANDTHE INDIVIDUALS AND GROUPS NAMEDTOGETHER WITH REGION 1 PANEL:BILL LOUTITT (RECALLED AND REMINDED OFOATH)

2988

CLARIFICATION EVIDENCE BY MR. LOUTITT: 2988

FURTHER CROSS-EXAMINATION OF MÉTISNATION OF ALBERTA - REGION 1 AND THEINDIVIDUALS AND GROUPS NAMED TOGETHERWITH REGION 1 PANEL MEMBER(MR. LOUTITT), BY MR. DENSTEDT:

2989

MÉTIS NATION OF ALBERTA - REGION 1 ANDTHE INDIVIDUALS AND GROUPS NAMEDTOGETHER WITH REGION 1, SECOND WITNESSPANEL:

PETER FORTNA (AFFIRMED)CLEM CHARTIER (AFFIRMED)

2990

PRESENTATION BY MR. FORTNA: 2991

CROSS-EXAMINATION OF MÉTIS NATION OFALBERTA - REGION 1 AND THE INDIVIDUALSAND GROUPS NAMED TOGETHER WITHREGION 1, SECOND WITNESS PANEL, BYSHELL CANADA, BY MR. DUNCANSON:

3055

(THE MORNING ADJOURNMENT) 3065

QUESTIONS OF MÉTIS NATION OF ALBERTA -REGION 1 AND THE INDIVIDUALS AND GROUPSNAMED TOGETHER WITH REGION 1, SECONDWITNESS PANEL, BY THE ERCB BOARD STAFF,BY MR. PERKINS:

3073


2981

INDEX OF PROCEEDINGS (CONT'D):

MÉTIS NATION OF ALBERTA - REGION 1AND THE INDIVIDUALS AND GROUPS NAMEDTOGETHER WITH REGION 1, SECOND WITNESSPANEL, BY THE ERCB BOARD STAFF, BYMR. PERKINS:

3073

(WITNESSES EXCUSED) 3087(A BRIEF ADJOURNMENT) 3088

ATTORNEY GENERAL OF CANADA WITNESSPANEL, (SWORN AND/OR AFFIRMED):

FISHERIES AND OCEANS CANADA (DFO):BRIAN MAKOWECKIMAREK JANOWICZCOURT D. BERRYMAN

ENVIRONMENT CANADA (EC):CHERYL BARANIECKIRON BENNETTBARRIE BONSALWILLIAM BOOTYPATRICIA CHAMBERSDAVE FOXHEATHER MORRISONSAMANTHA SONGDOUG SPRYSTEPHEN VIRCCORINNA WATTRICHARD WIACEKGREG BICKERTON

NATURAL RESOURCES CANADA (NRCAN):SHELLEY BALLKIM KASPERSKIMIROSLAV NASTEVBAOLIN WANG

TRANSPORT CANADA (TC):DALE KIRKLANDSHANNON VOLLEMA.

3088

MATTERS SPOKEN TO BY MR. LAMBRECHT: 3090

INTRODUCTION OF THE ATTORNEY GENERAL OFCANADA PANELS:

3095


2982

INDEX OF PROCEEDINGS (CONT'D):

CROSS-EXAMINATION OF THE ATTORNEYGENERAL OF CANADA PANEL, BY OSEC, BYMS. GORRIE:

3104

(THE LUNCHEON ADJOURNMENT)(PROCEEDINGS ADJOURNED AT 12:10 P.M.)(PROCEEDINGS RECONVENED AT 1:10 P.M.)

3120

SCHEDULING MATTERS SPOKEN TO: 3120

CROSS-EXAMINATION OF THE ATTORNEYGENERAL OF CANADA PANEL, BY OSEC, BYMS. GORRIE (CONTINUING):

3123

CROSS-EXAMINATION OF THE ATTORNEYGENERAL OF CANADA PANEL, BY OSEC, BYMS. BUSS:

3172

(THE AFTERNOON ADJOURNMENT)

CROSS-EXAMINATION OF THE ATTORNEYGENERAL OF CANADA PANEL, BY OSEC, BYMS. BUSS (CONTINUING):

3193

(THE DINNER ADJOURNMENT)

(THE HEARING ADJOURNED AT 5:08 P.M.)(THE HEARING RECONVENED AT 6:00 P.M.)

3263

CROSS-EXAMINATION OF ATTORNEY GENERALOF CANADA PANEL, BY ATHABASCA CHIPEWYANFIRST NATION, BY MR. MURPHY:

3278

(THE PROCEEDING ADJOURNED AT 7:46 P.M.)(THE HEARING TO RESUME ON THURSDAY,NOVEMBER 15TH, 2012 AT 8:30 A.M.)

3326


2983

INDEX OF EXHIBITS


EXHIBIT 010-027: OPENING STATEMENT OFMR. FORTNA

3087

EXHIBIT 005-026: EXCERPT OF A BOOK 3093

EXHIBIT 017-039: DOCUMENT ENTITLEDSECTION: LAND OVERVIEW, SUBSECTION1.0: INTRODUCTION

3107

EXHIBIT 017-040: EXCERPT OF EVIDENCEFROM JOSLYN NORTH MINE PROJECT, OCTOBER7, 2010 TRANSCRIPT

3119

EXHIBIT 017-041: SPECIES AT RISK ACTPOLICIES AND GUIDELINE SERIES

3152

EXHIBIT 017-042: OPERATIONAL FRAMEWORKFOR USE OF CONSERVATION ALLOWANCES

3153

EXHIBIT 017-043: RESPONSE TO THEOILSANDS ENVIRONMENTAL COALITIONINFORMATION REQUEST TO FEDERALGOVERNMENT PARTICIPANT DEPARTMENTS

3162

EXHIBIT 017-044: ENVIRONMENT CANADA,KEY CLIMATE CHANGE IMPACTS TO CANADA

3172

EXHIBIT 017-045: SETAC PRESS, "METALSAND POLYCYCLIC AROMATIC HYDROCARBONS INCOLONIAL WATERBIRD EGGS FROM LAKEATHABASCA AND THE PEACE-ATHABASCADELTA, CANADA"

3201

EXHIBIT 017-046: OFFICE OF THE AUDITORGENERAL OF CANADA, PETITION

3222

EXHIBIT 017-047: SCIENCE ADVISORYREPORT 2010/055, SCIENCE EVALUATION OFINSTREAM FLOW NEEDS (IFN) FOR THE LOWERATHABASCA RIVER

3237


2984

INDEX OF EXHIBITS (CONTINUED)

EXHIBIT 017-048: CHAPTER 2, ASSESSINGCUMULATIVE ENVIRONMENTAL EFFECTS OF OILSANDS PROJECTS

3238

EXHIBIT 017-049: OILSANDS ADVISORYPANEL, "A FOUNDATION FOR THE FUTURE:BUILDING AN ENVIRONMENTAL MONITORINGSYSTEM FOR THE OIL SANDS"

3248

EXHIBIT 017-050: CANADIAN ASSOCIATIONOF PETROLEUM PRODUCERS, LETTER DATEDSEPTEMBER 7, 2012 TO MINISTER MCQUEENAND MINISTER KENT

3262


2985

INDEX OF UNDERTAKINGS


UNDERTAKING 37: MS. MORRISON TOCONFIRM THAT THE AIRBORNE EMISSIONSREPORTED TO THE NPRI FROM THE OIL SANDSINDUSTRY IN CANADA INCREASED BY MORETHAN 50 PERCENT FOR MERCURY BETWEEN2008 AND 2010, AND THE SAME FOR ARSENICAND LEAD

3177

UNDERTAKING 38: WITH RESPECT TOEXHIBIT 017-037 IN WHICH THERE'S ASLIDE THAT HAS THREE GRAPHS OF NPRIDATA FROM ENVIRONMENT CANADA, TOCONFIRM FOR THE RECORD THAT THEY AREACCURATE WITH RESPECT TO MERCURY,ARSENIC AND LEAD

3178

UNDERTAKING 39: TO CHECK FOR APUBLICATION FOR 424, 425, AND 427, ANDIF THERE'S A FULL PAPER WRITTEN OR AMORE FULSOME RESEARCH REPORT WRITTEN BYTHE AUTHORS THAT WOULD BE AVAILABLE TOSUPPLEMENT THE ABSTRACT, TO PRODUCESAME

3192

UNDERTAKING 40: TO CONFIRM THAT, BACKIN 2006, THE SCIENTIFIC REVIEW OREVALUATION UNDERTAKEN BY DFO,RECOMMENDED AN EBF NUMBER

3226

UNDERTAKING 41: WITH RESPECT TO THELETTER FROM THE CANADIAN ASSOCIATION OFPETROLEUM PRODUCERS THAT WAS SENT TOMINISTER MCQUEEN FOR ALBERTA AND TOMINISTER KENT FOR THE FEDERAL MINISTRYOF ENVIRONMENT, THIS LETTER WASSPECIFICALLY ADDRESSED TO"ENVIRONMENT"; THEREFORE, TO ADVISEWHETHER ENVIRONMENT CANADA AGREES WITHTHE LETTER'S REQUEST

3256


2986

INDEX OF UNDERTAKINGS (CONT'D)

UNDERTAKING 42: DR. MORRISON HASUNDERTAKEN TO ADVISE WHETHER IT IS AFIRM FEATURE OF THE MONITORING PROGRAM,JOINT FEDERAL/PROVINCIAL MONITORINGPROGRAM, NOT TO INCLUDE COMPLIANCEMONITORING AND THAT CAPP'S REQUEST THATIT DO SO IS NOT CURRENTLY BEINGENTERTAINED

3261

UNDERTAKING 43: ADVISE WHETHER OR NOTDFO IS GOING TO PROVIDE THESECTION 35(2) AUTHORIZATION OR WHETHERTHAT WILL BE DELEGATED TO ANOTHERAGENCY OR THE PROVINCE

3289

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2987

Wednesday, November 14, 2012

(8:30 a.m.)

THE CHAIRMAN: Good morning, everyone.

Mr. Lambrecht, I wonder if I could have you

come forward, sir.

MR. LAMBRECHT: Yes, sir.

THE CHAIRMAN: Mr. Lambrecht, media outlets

are advising of new or recent work by Environment

Canada, in particular, on studies of lakes in

Northern Alberta. I don't know if you've seen

those reports.

MR. LAMBRECHT: Yes, I did.

THE CHAIRMAN: I wonder if you could just

think about any plans you have for that

information. On the face of it, or at least what

you can glean from the media outlets, it may have

relevance to this proceeding. So I would just ask

you to think about that and perhaps get back to us

after we're finished with the Métis Nation of

Alberta panel.

MR. LAMBRECHT: Absolutely sir. Thank you.

THE CHAIRMAN: Thanks.

Is there any housekeeping? I take it not.

Ms. Bishop.

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MS. BISHOP: I do have actually one

housekeeping matter. Mr. Loutitt asked if he could

come back just to clarify some evidence that was on

the record at the close of the proceedings

yesterday. So Mr. Loutitt is here. He just has

maybe a minute or two of clarification, if that's

okay.

THE CHAIRMAN: Well, it's unusual, but let's

go ahead.

MÉTIS NATION OF ALBERTA - REGION 1 AND THE INDIVIDUALS

AND GROUPS NAMED TOGETHER WITH REGION 1 PANEL:

BILL LOUTITT (RECALLED AND REMINDED OF OATH)

CLARIFICATION EVIDENCE BY MR. LOUTITT:

Q. MS. BISHOP: Mr. Loutitt, you can confirm

that you are still under oath from yesterday?

A. MR. LOUTITT: Yes.

Q. So you wanted to clarify some comments about an

agreement with Shell?

A. Well, I'm not even sure there was an agreement, but

like I said, we -- this letter came out yesterday.

You know, it's the first time I had seen it. I was

the president of Métis Local 1935 at the time.

And, you know, we were working hard to try and get

the community involved and we felt a lot of these

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2989

leaders were individual signing agreements with

their businesses and that, so that's why I'm so

passionate about this. And we were told that, as a

community 1935 could not do a Statement of Concern

against Shell because they had an agreement. But

that was I believe on the Albian project. We've

never ever seen the agreement. But I just wanted

to make that clear.

Q. So it wasn't relating to this Project?

A. No.

Q. Or the Jackpine Mine?

A. No.

MS. BISHOP: Thank you. That's the

clarification. Thank you, sir.

THE CHAIRMAN: Anything arising?

Mr. Denstedt?

MR. DENSTEDT: Perhaps, sir, just give me a

moment perhaps to speak with Ms. Jefferson.

FURTHER CROSS-EXAMINATION OF MÉTIS NATION OF ALBERTA -

REGION 1 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER

WITH REGION 1 PANEL MEMBER (MR. LOUTITT), BY

MR. DENSTEDT:

Q. MR. DENSTEDT: Mr. Loutitt, who would have

told you that you couldn't file a Statement of

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2990

Concern, sir?

A. That was -- actually it was Rick Boucher, the

vice-president of the region at the time.

Q. Shell never indicated that ever to you, did they,

sir?

A. No, we never heard that from them.

MR. DENSTEDT: Great, thank you.

THE CHAIRMAN: Thank you.

MS. BISHOP: So we appreciate that

opportunity, Mr. Chair.

MÉTIS NATION OF ALBERTA - REGION 1 AND THE INDIVIDUALS

AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS

PANEL:

PETER FORTNA (AFFIRMED)

CLEM CHARTIER (AFFIRMED)

MS. BISHOP: I would like to introduce to

you our second panel of witnesses, Mr. Fortna and

Mr. Clem Chartier.

Mr. Fortna is speaking to his material filed

in the submissions, primarily under Tab 3,

Exhibit 010-006. And the tabs are numbered (a),

(b), (c), (d), in the exhibit list.

Mr. Fortna has prepared an Opening Statement

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2991

and within this Opening Statement he speaks of his

education and work experience in the area. If I

might pass that out, he's going to go through that.

Mr. Fortna, if you want to present your

opening statement.

PRESENTATION BY MR. FORTNA:

A. MR. FORTNA: Great. Thanks, Debbie. And

thanks, Panel, for having me here today to help

with this Project.

A little about myself. As I say, I completed

a BA in History with a Minor in Museum and Heritage

Studies from the University of Calgary. I also

completed a Master's of Arts and History from

Memorial University of Newfoundland. And I hold a

Ph.D., all but dissertation, in History and

Classics from the University of Alberta.

Based on my studies, I have an academic

expertise in Canadian history, Aboriginal history

and public history.

Since 2008, I have worked with a number of

Aboriginal groups in this region, in this region,

north-eastern Alberta, I should say, and on various

traditional land use projects as well as historical

research projects.

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2992

Some of the highlights of that include:

I spent two years coordinating the Mark of

the Métis Project, that book that was presented to

the Panel yesterday, I helped coordinate that;

I have completed or helped Conklin Métis

Local 193 with some of their work;

I've completed historical research for the

Reserve of Fort McMurray First Nation.

I've completed historical research for

Mikisew Cree First Nation in preparation for the

Total hearing.

I've completed historical research for Fort

McKay Local 63.

I'm in the process of completing Traditional

Land Use Studies with the Métis Nation of Alberta

Region 1 in partnership with the companies

including Altalink, CNRL and MEG Energy, and in

addition to that, we're also working on completing

a Territory Wide Study so that we can have a better

understanding of what's happening in the region.

Most recently, we've started working with

Métis Local 1909 who you saw a couple of panel

members yesterday. The Lakeland district down in

Lac La Biche area.

Besides my work with just the historical

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2993

research, I've also been involved in socioeconomic

evaluation and strategic planning initiatives with

groups including Athabasca University, Métis Nation

of Alberta Region 1, the Fort McKay Métis

community, the Fort McKay First Nation, and again

Métis Local 1909, and some other groups, too, I'm

sure, as my full CV I think is in the submissions

so if anybody wants full details they can check

that out. And people who don't want to, it's also

online. I'm fairly Googleable.

In addition to the work I've completed for

communities, I attempt where possible to engage

with the academic community, completing

peer-reviewed books and articles, and also museum

exhibits concerning Canadian and Aboriginal

history.

I've made presentations at academic

conferences regarding Métis Environmental

Knowledge, or MEK, as it is sometimes referred to,

Métis history, especially with regards to

traplines, and community-based research.

In the coming months I'm hoping to submit at

least one peer-reviewed article on Métis

Environmental Knowledge in Northeastern Alberta

based on the work I've completed with Métis Nation

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2994

Region 1, in addition to an evaluation of the

Athabasca University of Learning Community's

Program; me and my business partner are working on

that.

Now just moving into the material part of the

presentation, so moving past the credentials.

Unfortunately because the Métis Nation of

Alberta Region 1 was not provided funds to complete

an expert report like the other Aboriginal groups,

I'll try to provide as best as possible a

presentation that will respond to some of the

claims made in Shell's Cultural Assessments.

I'll also provide evidence of continued Métis

use in the region in both the Regional Study Area

and the Local Study Area.

The presentation is going to draw primarily

on material I provided to the Panel as part of the

Métis Nation of Alberta submission, but also to

material that's been provided by other Aboriginal

groups, and material provided by the Proponent, as

well as my experience working in the region with

Métis groups in Northeastern Alberta.

The presentation, I kind of see it, it's

going to be divided into three main sections,

roughly, and also I have to apologize, this was

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2995

written as sort of an oral presentation, so there

are a few spelling mistakes and grammar errors, but

that's neither here nor there. The presentation is

going to be divided into three main parts.

First, I'm going do a brief review of the

Shell Cultural Environmental Setting Report as well

as their Supplementary Information Request Cultural

Assessment that is related to material presented by

Shell. Pulling the key information from those

studies, that, I will argue, clearly demonstrate

Métis use in the LSA as well as the RSA.

I'm also going to speak about Métis

Environmental Knowledge and land use in the

regional project area that should have been, in the

least, further investigated by Shell to determine

the potential impacts that the proposed Project may

have on Métis use.

In particular, I'm going to look at some

historical sources that provide detailed

information on historical Métis land use that was

publicly available and not consulted by Shell.

I'm going provide background information

regarding Historic Trapline data, speaking to both

their usefulness as well as their limitations

demonstrating Métis historic land use.

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2996

And lastly, I'm going to speak a little about

Métis Environmental Knowledge and that we were able

to collect in our limited study and consider

potential differences in Métis land use and compare

that to First Nations.

And I have to be careful here because a lot

of this is still potential, because we were not

able to complete the studies necessary to do a

detailed review, I'm only really able to pull out

hints at what Métis land use and how it might be

different, but the sad reality is, because Métis

groups were not provided funding by Shell, we're

still, it's still somewhat nebulous. We're still

not sure. I think there is evidence that shows

difference, but I think further research really

needs to be done on this topic.

Yes, so I'm going to move into the first

section.

In their 2007 Environmental Cultural Settings

Report, as Exhibit 001-001J, produced by Golder for

Shell, the objectives, particularly with the LSA,

and it's listed in Section 3.2.2.1, PDF page 90.

The first point is to document historical and

current land use, as well as traditional knowledge

of the Project development areas in the surrounding

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2997

areas by local trappers.

Second, to document the traditional land use

and traditional knowledge of the Fort McMurray

First Nation, the Athabasca Chipewyan First Nation,

the Mikisew Cree First Nation, and the Fort

McMurray First Nation in relation to the Project

Development Areas.

And finally, to provide information to help

minimize the impacts of the Project on traditional

land uses.

In addition, the document at Section 3.1.1.2

argues that traplines are used for more than simply

trapping. And just quoting from the document:

"From the perspective of

evaluation of effects to

traditional land use for this

Environmental Setting Report,

RFMAs, or Registered Fur Management

Areas, provide the most appropriate

basis for defining a Local Study

Area since most traditional

activities are carried out on

traplines."

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2998

And then, finally, just in the Shell material

in their 2012 Response to SIR 30 in the report

Entitled "Appendix 5 - SIR 30, Cultural

Assessment". And the exhibit number on that is

Exhibit 001-051R, and it's on page 18 of the

report, 23 of the PDF. They state that:

"Members of the Fort McMurray

Métis Local 1935 have trapped,

hunted and fished in the larger

area, which includes the Jackpine

Mine Expansion...", and that "While

information regarding the Fort

Chipewyan Métis Local 125 was not

available, this assessment assumes

the patterns are similar to those

of the ACFN and MCFN."

And I think my evidence is going to show that

members of the Métis Local 1935 did more than trap

just in the Regional Study Area, they in fact

trapped within the Local Study Area, so that's a

misrepresentation.

And then I'm also going to show evidence that

members from the Fort Chipewyan Métis Local used

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2999

more than. There is the potential that their land

use is different and I think that potential in the

least warranted further study by Shell and by

Golder.

While I do agree with ACFN's experts,

specifically Dr. McCormack, that the approach taken

by Golder in these assessments was, in the least,

problematic, I don't think it's productive to

engage in a discussion of those deficiencies.

Instead, because I think she already did that, it's

on the record, I don't think I need to reiterate

that.

Instead, I want to focus my analysis on the

facts and facts grounded in the historical record

that I believe show Métis people used the land in

both the Local Study Area and the Regional Study

Area.

Additionally, I will draw upon evidence

provided in our limited traditional land use

research which shows, I think, Métis people

continue to use the land in the RSA and the LSA,

and that's Regional Study Area or Local Study Area,

and that they have specific concerns with the

development in the region that should have been

examined in more detail by the company.

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3000

First, when examining their first goal that

was stated earlier, which purports to document

historical and current land use, I think Golder, in

essence, reduces and compresses the history of the

landscape by removing traplines from their

historical context.

And I'm going to just, as an aside here,

speak a little bit to what I mean.

And it's funny, it came out actually when

Shell's counsel brought up this point in that the

Golder Report, it starts with the current trappers.

It doesn't look at the history of those traplines.

Therefore, in the report's eyes, as soon as a white

person buys a trapline, all that knowledge that

used to exist from the Métis community or even

First Nations community for that matter,

evaporates. It's not evaluated by Golder. And

there's lots of evidence that shows that Métis

people still have interests in those landscapes

even though Golder seems to reduce it to just a

white person owns that line.

Just going on, on that point, I would like to

say, on the record again, I found it somewhat

ironic that Shell's counsel would ask ACFN's

experts about the history of ownership of trapline

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3001

1714 without including such a history in either

their 2007 or 2012 Cultural Assessments.

Furthermore, I found it strange that they would

think that such an analysis is valuable in one

case, on trapline 1714, but not valuable in another

case of another trapline in the Local Study Area,

2331, which was identified in the 2007 Report,

Section 3.4.6, page 126, to be owned by Victor

Amiot, a non-Aboriginal trapper. Even though on

the same page, in Section 3.4.6.1, is explained

that the line was purchased in 1987. And further

down on the page, the report does not know whether

the previous owner was Métis, even though Shell's

counsel, through their questions of the ACFN

experts, seems to assert that such a lineage is

important when understanding traditional land use

history. Facts one would have thought should have

been included in either the 2007 or 2012 Reports.

And just to refresh the memory of the Panel,

if I can find my laser, this was the area that Barb

was of course, Barb Hermansen was talking about and

she was talking about her dad, Edmond Ducharme, who

used to own this trapline. So we're talking about

this trapline here.

Adding to the confusion is the fact that the

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3002

Golder Report in Section 3.4.6.1 explains that the

previous owner of the line was Edmond Ducharme, who

left a cabin full of old artefacts that the current

owner was not interested in fixing up. And this is

of course the cabin again that Barb was speaking to

when she -- that was the cabin that she was raised

in. That's an important place to her. And she was

not talked to about by Shell.

Had, for example, Shell, or Golder maybe more

accurately, completed the additional research, for

example had they visit the Provincial Archives and

looked at some of the evidence that I have provided

in my tabs, they would have come to understand that

that line was owned by Edmond Ducharme and that had

they gone and questioned anybody who is related to

Edmond Ducharme, they would have found that that,

in fact, was an important Métis area, and that many

Métis people, along the river, stopped there. It

was an important cultural place. And because of

the approach used by Golder and by Shell, that

history got erased. It was not presented to you as

the Panel to make a decision on. And I don't think

that's fair.

Like I said, had they, they would have found

out, they would have -- Mr. Ducharme's family and

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3003

they would have met Barb Hermansen, who spoke so

eloquently yesterday about how she was raised on

the trapline, and continued to have interests on

the land.

Specifically they might have learned that

Edmond Ducharme was born in Lac La Biche mission,

that the family made their living from trapping,

hunting and fishing, that it was a small family but

they got their work done, that her father was a

fiddler, that he was a true Métis, that his

grandfather was Antoine Ducharme, he was Michif,

which is of course an important cultural

distinction; those are people who actually spoke

the Métis language, and had a French and Cree

lineage who had originally come from Winnipeg.

They would have learned that he homesteaded on the

south shore of Lac La Biche, and later became known

as Plamondon. And that he even remembers the

covered wagons coming from Michigan over later

years.

You know, this is an important history that

should have been included in these reports.

Furthermore, had Shell chosen to interview

Ms. Hermansen about this trapline, and not just

Ms. Hermansen, but we'll say Johnny Grant, too, who

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3004

of course family -- we're not quite there, but he

had the trapline right here just above on there. I

don't know if we can scroll up. You know, directly

above the Project area, that's where he was raised.

He was raised with Barb, they were friends growing

up, and they knew each other. They would have

learned, had they interviewed members of the

MacDonald family, you know, this is the same

MacDonald family that this island that has been

reduced to MacIsland, that's where they were

raised. That's where they grew up, that's where

they had traplines.

Had they done more interviews, they would

have found out that the Oakley family directly

across from the Project area and where the Pierre

River is and where Barb currently has a trapline,

was an historic Métis family that has important

areas.

They would have found out that the

Desjarlais, another historic Métis name.

I mean, this is historic Métis territory.

And that is not included in the report. And it's

sad.

They would have also learned that areas

around McLennan Lake, Firebag River, and other

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3005

areas, even Kearl Lake, these are all important

areas to Métis people and they would have found --

like Barb was even telling me yesterday about grave

sites that she feels exists along the northern

shore of McLennan Lake. And these are things that

are not included in the report. And unfortunately,

because we didn't have the funds to complete a

project-specific Traditional Land Use Study, that

information is not going to be provided to you to

make your decision, determination. And potentially

we don't know what's going to happen to those

sites.

Additionally, Barb mentioned yesterday about

the pitcher plant. She was explaining how on

McLennan Lake is one of the few places in the

region that you can collect that plant. And it's a

very important plant for Cree medicines and stuff.

Again, as far as I know from reading the other

reports, that information wasn't collected.

And I think somebody from the ERCB or from

Canada was asking yesterday, "how is Métis land use

different." Well, I've just provided three

examples of how it might be different and why Métis

people should have been included in this Project,

besides Fort McKay.

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3006

In addition to the information not explored

by Golder in the Cultural Assessment regarding

trapline 2331, there's additional historical

information in the report that had it been

completed, would have come to the conclusion that

Métis people have specific concerns about the

impacts that are going to happen within the LSA.

Just moving along that point, I just want to

now speak to on page 88 of the Golder Report.

There's a cabin identified as:

"Castor's old cabin, a point of

significance on the southern shore."

And then I think again it's mentioned in the

Faichney section of the report. I don't think I

cited it here.

Unfortunately, the Golder Report does not

provide any explanation about this cabin or who the

Castor family was or their potential connection to

the Local Study Area.

So I guess it's going to be up to me to

provide a little bit of that background to the

Panel.

Had Shell chosen to complete a full review of

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3007

the material that is publicly available, and we'll

get into that, it's in a lot of my tabs, so I'll

touch on that in a few minutes, they would have

found out that the Castor family is in fact another

historic family from the Fort McMurray area who

used to use the area in question, with members

still alive to speak about that use. In fact, I'm

jumping ahead a little bit, but William Castor I

was able to talk to him over the weekend, and I

have old letters from the 1970s when he was the

president of the Métis Local in Fort McMurray,

writing to the Government of Alberta and writing to

the Métis Nation asking for the same rights that

First Nations have. So you can't say Métis people

from this area were not doing that, they've been

doing that for 40 years and they've been ignored

for 40 years as development's been happening. Ever

since the GCOSs. And this is your opportunity to

make sure that their voices become heard.

I think it's important for the record to

speak a little to the history of the panel about --

they would have found out is an historic Métis

family who used to use the area in question, with

members still alive to speak about that use.

I think it's important for the record.

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3008

The Métis folks do have interests in the area

that Shell and Golder should have taken seriously

and should have included in their EIA, and later,

SIR.

Further, I'll demonstrate, that both Golder

and Shell were, or at least should have been, aware

of Métis use in the area, and that I don't know if

it was a willing choice or just a -- I don't know.

That's for Golder to answer. But I don't know why

they didn't include this information in their

study.

Let's go back a little bit. 1996. The

Northern River Basin Study. One of the few

baseline studies completed that included

traditional knowledge in the region.

It's cited in the Golder Report in kind of

their annotated bibliography, Section 3.3.2.3,

pages 97 and 98. In that, Golder summarizes the

Northern River Basin Study as being:

"... less specific and

detailed than that generated by

other studies."

With:

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3009

"Fewer respondents actually

living from the land and lower

proportions of the respondents

reported participation in their

traditional practices, such as

hunting, trapping or use of the

land as a source of income."

Interestingly, as far as I can tell, Golder

did not look at any original transcripts from the

study in either of their reviews.

Had the company completed a more thorough

undertaking, reviewing the original transcripts,

which are on the public record, they would have

found a great deal of information, particularly

about William Castor and his family's use of the

area in and around the Project area.

And just to give a code so people can see

this interview, we'll get to it in my tabs, but

it's 010-006, page 662 is where page 2 starts.

Specifically, had that research been done,

they would have found out that Mr. Castor was born

75 miles north of Fort McMurray on what is Sled

Island. And if we can scroll down on the computer,

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3010

I'll show the Panel where Sled Island is.

I think it's the next map.

I'll just explain it. Sled Island is

directly across from the Project area. That's

where Mr. Castor was born. He's 85 now, so I guess

in the late 1930s (sic).

Unfortunately, it's really too bad. William

wanted to come, but he hasn't been well, he's been

in and out of the hospital, so he wasn't able to

come and provide his own information, but he asked

me to say, and if anybody has any concerns that I'm

not being truthful in that representation, he said

he's more than willing to sign an Affidavit saying

that what I'm speaking is the truth. And we can

show him the transcripts if anyone has any

concerns.

They would have learned that Mr. Castor's

family used the area throughout the 1930s, if not

before, actually. He was explaining to me how his

father used to have a farm in Plamondon and used to

travel north to trap over the winters. And then

until, they had a hired hand and that hired hand

did a poor job on the farm and then his animals

died over that one winter and then so they just

picked up everything and, you know, completed the

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3011

move north.

I think maybe it's one more down, Debbie, the

project-specific. Sorry. So furthermore, yeah,

this is it here. I do believe. So it's right

here. That's, see Sled Island, and it's directly

across from McLennan, well, not directly across,

but directly across from trapline 2331.

The Castors is also identified in the

Ducharme book as a key Métis family in the area.

And it's identified in the Golder Report by, I

guess it was identified by the Faichney family as

having a cabin on that line, the old Castor cabin.

Just going down, had they completed an

interview with Mr. Castor themselves as part of

this Project, they would have learned that

Mr. Castor's family used to trap in the area that

was to become the Faichney line and that Mr. Castor

continued to have contact with those families and

an interest in the area long after he left. And

the reason their family left was they wanted,

Mr. Castor, they wanted him to able to go to

school, so they moved to Fort McMurray and got a

trapline closer to Fort McMurray. But I mean they

still had strong connections throughout the area

and continued to travel the Athabasca River.

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3012

Actually, Mr. Castor worked in Fort McKay for many

years delivering water and continued to stay in

close contact with the Beaver family, the Felix

Beaver family for example. Even, he was telling me

a story about later on Mr. Beaver actually offered

to sell Mr. Castor back the trapline, but

Mr. Castor was working so he was unable to take

advantage of that.

Additionally, had Shell or Golder carefully

reviewed the Métis Local 1935 letter that was

submitted into evidence yesterday, I think it's

Exhibit 010-025, they would have learned that the

Castor family had concerns about these projects.

And those concerns are documented on a map about

the Project. Instead, I guess, because that

Statement of Concern was not accepted by the

Government of Alberta, Shell felt it didn't need to

follow up with Métis Local 1935 to complete a

project-specific review to understand how the

Castor concerns would be impacted by the Project.

In a map produced on that SoC letter,

Statement of Concern letter, as well as statements

in that letter, it is clear that Mr. Castor and his

family are members of the Metis Local in Fort

McMurray and have legitimate concerns located in

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3013

the LSA that, in the least, deserved further

research to better understand so they could have

potentially been mitigated or accommodated.

Upon discussion with Mr. Castor in

preparation for this hearing, he confirmed that

Shell did not speak to him about his use of the

Project area and that he's concerned about what's

going to be happening to his family's former home.

He also stated that he'd very much like to purchase

a trapline in the area, but he says he's talked to

people and it's just too expensive now, people want

too much money.

And it's funny, just the processes -- and

I'll get into that a little bit in my tabs -- the

way that it works now, people who do legitimately

want to go back to the land or whatever, and

because of the way the trapline system is

structured, once a trapline is sold, once a former,

whether it being Métis or First Nations line is

sold to a white person, the opportunities to buy

those lines back are virtually non-existent. I

think they were telling me, right now, traplines in

that area or other areas, when they do become

available, which is not often, sell for upwards of

$35,000. And it's just not feasible for Métis

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3014

families who have often been pushed. And like I

said, I'm jumping ahead a little bit.

As I mentioned earlier, it's unfortunate that

Mr. Castor is too ill to testify for himself, but

over the weekend, he asked me to confirm these

facts and he specifically asked me to ask Shell to

come speak to him before they initiate this Project

so that he can express his concerns to them

directly. And I think it's unfortunate that I have

to come here to speak to the Panel to ask Shell to

do the right thing and talk to Mr. Castor. That's

extraordinarily disappointing that this is what

it's come to. And I hope the Panel makes the

changes necessary so that Métis people don't feel

like they have to come through processes like this

to fully engage with the companies that are going

to be affecting their communities.

Finally, in preparation for the hearing,

myself and our team completed a number of

interviews with Métis people from throughout the

region, so they might have a chance to express

their concerns about the impacts of the potential

project. The majority of these people attended the

hearing and provided their evidence yesterday. And

I don't think it's for me to talk about that. I

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3015

think they did a darned good job yesterday showing

the evidence. And it's also in our submission and

available for review.

As you're aware, they talked about caribou in

the area, something that Shell says doesn't exist.

They talked about plants in the area, and special

plants in the area that, you know, weren't included

in Shell's Cultural Assessments.

Anyways, it's just frustrating.

The Métis, the panel was represented with

Métis people from throughout the region, including

Lac La Biche, Anzac, Fort McMurray and Fort

Chipewyan.

Through the interviews, it became clear that

Métis people had a number of concerns about the

proposed Project, including worries about water

issues, concerns about how the Project may impact

harvesting of animals, fish, plants, berries,

medicines, concerns about access to the areas,

needing keys to travel through the region, concerns

about historical resources, specifically the

potential destruction of historic cabins and grave

sites, and a general mistrust due to the lack of

meaningful contact between Shell and area

harvesters.

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3016

It was also clear that they didn't know about

some of the key elements of this Project, including

the Muskeg River diversion. They didn't know it.

And also the planned tailings ponds or the

end pit lakes, they didn't understand that Shell

was planning to put these major end pit lakes on

the land.

And this was even more concerning. It's not

even so much that these things were happening, it's

that they didn't know it was going to be happening

on their land. And it scared them. And because

I'm not an expert in the field, and because the

Métis were not able to hire experts to communicate

this to them, that just raised the issues, made the

issues all the more scary, made the issues all the

more frustrating. And made the Métis people feel

like they are totally -- they have no power in this

process. I think it was expressed best by one of

the community members when he said he feels

helpless. He feels like there's nothing he can do.

And there's no places for him to go because nobody

will listen to him. And I think that was expressed

yesterday, that feeling was expressed yesterday by

this panel on all levels from leadership to

harvesters.

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3017

And I think this point is I think the real

telling spot was when, I think it was you,

Mr. Cooke, who asked Ms. Jefferson, "Can you

express what the Métis concerns were?" And

Ms. Jefferson couldn't answer. She couldn't

provide any specific concerns that Métis people

had. And I find that very telling. I think what

it speaks to is the lack of meaningful engagement

that's existed between Shell and the Métis

communities in the region.

Further to this point, I think it speaks to

the fact that there isn't capacity in the region so

Métis people can express their concerns in a

meaningful way.

While I think it's great that Fort McKay was

able to partner with the First Nation, I think that

point's important to note the reason that Fort

McKay is included is because of that partnership

with the First Nation, and it's debatable how they

would have been included. But that's neither here

nor there, that's probably not for this Panel to

decide. But it is a partnership between Fort McKay

First Nation and Fort McKay Métis. And I think

it's great that they were included. But why wasn't

Fort Chipewyan included? Why wasn't Fort McMurray

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3018

included? Why wasn't Métis Nation Region 1

included? Those are just questions that continue

to ring in my head. I've been working on this file

for two years helping, and why haven't they been

included?

At best, all we can do now is point to the

historical facts. And I think in Golder's own

reports and in Shell's own reports, had they gone

beneath the surface, had they done even a little

bit of further research, had they even talked to

one Métis person from Fort Chipewyan or one Métis

person from Fort McMurray, many of these facts

would have come out. And it would have, I think it

would have changed the study and it would have

changed this whole process. But it's unfortunate.

And when I talk about talking to Métis people, I'm

not -- it's good that they talk to the political

representatives and it's good that they talk to

Jumbo and it's good that they talk to

administrators. But I think we need more than

that. We need to get to a place where these

communities can hire their own experts so they can

understand what the potential impacts of what these

projects are.

And to give a good poignant example. I've

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3019

been working for the Métis Nation of Region 1 for a

little while, primarily on project-specific items,

and I've been helping them where I can on some of

this regulatory, and this is fairly recent. I'm

doing that half time. I work for, I have other

clients as well, I work for a number of people.

I'm one-half-time employee and they have one

administrator who is there to primarily answer the

phones, trying to engage with industry throughout

the region.

Meanwhile, I also do work for Fort McKay.

There, I'm one consultant out of approximately 20.

And they also have an approximate staff of 10

people who represent both the First Nation and the

Métis.

And this is the difference that these Métis

communities -- and you heard it from Jumbo

yesterday, too, he's a volunteer. And

Mr. Plamondon is coming to him and dropping off CDs

and binders and saying, "Here, Jumbo, let us know

if you have any concerns. And, if you don't, you

know, that's it." Right. And that's just not

fair.

Anyway, that's it for my Opening Statement.

And I think what we're going to do now is go

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3020

through some of the evidence. I gave you guys lots

of light reading over the last couple of weekends,

so I think I should probably go through some of it

and explain why it was included.

Q. MS. BISHOP: So, Mr. Fortna, you've

included with your report a bibliography under

Tab 3 of our submissions, the submissions of the

Métis Nation Region 1 and all. And that is

Exhibit 010-006. Can I just turn you to that tab.

That's Tab 3.

A. Yes.

Q. Can you discuss the sources that you've cited and

that you've provided within.

A. Sure. Just generally, and I should say, too, this

is just with the lack of capacity and the inability

to perform a full literature review or even a full

study, these were sources that were close at hand

that I included. There are many, many other

sources that could have been drawn upon, but this

is just to give the Panel a sense of the material

that was available and that wasn't, by and large,

consulted by the Proponents when preparing their

work.

The first piece here in the secondary sources

is a report completed by Dawn Balazs, and it's

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3021

called:

"A Short Analysis of the

Transfer of Natural Resources to

Alberta in 1930 and a Preliminary

Study of the Registered Trapline

System."

And it's available at the University of

Alberta library.

And, actually, this would have been a really

good report last week when everybody was getting

into a debate about what traplines were and what

they weren't and whether they can show traditional

use or whether they can't show traditional use.

Because what Ms. Balazs does is she follows the

history of the trapline system and how it gets

registered. And one of her biggest points is that,

while the trapline system can be helpful to show

traditional land use, it's not the only way to show

traditional land use. What it also says is the

trapline system did restrict -- and this came out

in some of the ACFN evidence -- but it did restrict

Aboriginal people's ability to use the land because

what the Alberta Government's approach was was

taking what used to be communal areas -- and if we

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3022

bring the map back up, if we can go back to the

first one -- you can see all these different

families on multiple traplines. And that's a

better way to understand.

I mean, the Athabasca River was really -- if

you want to talk about Métis homeland, that's the

homeland is the river itself, and that's where

Métis people lived. And sure, there were

traplines, but everybody had cabins all up and down

and they visited each other and they trapped

together. And that's a better understanding of the

system. And the trapline system was quite

artificial in that it forced individuals to own

lines.

Family members, they continued to use it and

they continued to work together often and they

continued to travel together and use the land,

but -- so that's all in the report. And I think it

would be useful for everybody, particularly

everybody who has been -- seems like a lot of this

last two weeks have been focused on traplines, but

I think before anybody can have a meaningful

informed discussion about traplines, they should

really read that report.

The second item I have on there, and that is

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3023

Tab, it's on Tab (e). And this was a report

completed for the AOSERP project back in the late

'70s. And when I say AOSERP, it's Athabasca Oil

Sands Environmental Research Program. It was a

report completed. And the interesting thing, and I

just pulled out a couple of specific pages from it.

And it's Tab (d) if you have the hard binder. I'm

not sure which page it is on the PDF. The

interesting thing is it talks about the origins of

trappers in the region around 1978. And this is on

the first page. And it has 80 trappers based out

of Fort McMurray, 31 to 34 trappers based out of

Fort McKay, and 15 based out of Anzac. They were

completed for this study.

Then if you flip the page, it identifies 66

of those trappers as being Métis at the time of the

report, clearly demonstrating again a continued

land use in the region by Métis people.

And then some of the other pages continue

just to demonstrate that fact that Métis people

were key members of that trapping community and key

users of the land.

We have the 1935 Mark of the Métis. I think

we've gone through -- do we want to go through that

report again?

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3024

Q. Perhaps if you want to talk about your role in that

in the interviews.

A. Sure. Bill alluded to it last night. But how I

first came up to this region was Métis Local 1935

hired me to coordinate The Mark of the Métis

project. It was still a very green project at the

time. They weren't quite sure what they wanted.

They knew they wanted to document the history of

Métis people in the region.

So that's where I undertook to complete a lot

of this primary research reading a lot of these old

historical reports, finding those old historical

trapline maps, et cetera, that helped demonstrate

continued Métis use in the region.

Additionally, I completed the majority of the

interviews for that project as well. Sometimes

multiple interviews with people, which, again,

helped me to have a better understanding.

One thing that has become clear, and it's

clear, too, in the historical reports, that the

Métis commissioned by Mr. Anuik and Mr. Tough as

well as another report in my tabs, is that there is

in my mind an historic Métis community. And this

is a lot of what yesterday's testimony hinged upon.

And in my mind, that historic community extends

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3025

kind of from, well, this map doesn't show it very

well, but extends from Fort Chipewyan down to

Lac La Biche, in my mind. And further study needs

to be, further studies need to be completed to

verify that fact, but just simply following the

names of people and doing genealogy. And that's by

and large -- Clem could speak to this in a few

minutes -- but that's how these regional

communities that are part of a much larger

community have been defined, and it's often through

genealogical connections.

And even if, I've spent a bit of time, and we

spent a bit of time yesterday, talking about the

Ducharme family and Edmond Ducharme. Well,

originally he was from Lac La Biche of course, and

married a woman from Fort Chipewyan. And that's

just a prime example of the existence of that

community.

Now, in terms of consultation, that's not for

me to figure out. Maybe not even for Shell to

figure out. But it's my job as a historian to say

that that is what is, in my mind, what the historic

community is.

Additionally, I took some exerts from

Patricia McCormack, who you already met today, and

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3026

she kind of speaks to the existence of this

community. Her evidence, I mean, she -- it needs

to be understood her thesis is focused primarily on

Fort Chipewyan, so that's where her evidence comes

in. But what she does say, though, is that there

is a lot of Métis people moving up from Lac La

Biche, particularly in the 1930s, but those people

moving from Lac La Biche, it's not -- less of an

invasion and more of a chain migration, I would

call it. They are moving to talk to people or they

are meeting families that are already living in

Fort Chipewyan. And it's not to say, too, and we

have a report, the Wood Buffalo Report that also

speaks to this, many of those families also

connected in Fort McMurray. So it's the whole way

up, Conklin, everybody is interrelated going that

whole corridor.

Q. Mr. Fortna, if you could just note what Tab you

were referring to with respect to Patricia

McCormack's material.

A. Sorry, that was tab, I guess it's tab (e).

Q. I just want to correct for the record, the exhibit

that Mr. Fortna is referring to is 010-004 (sic)

(d), [should read 010-006], and within that tab

there are also tabs labelled with letters.

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3027

A. Oh, I'm sorry. I only have the one in front of me

that has the letters. I apologize. Where was I?

You should never give an historian a venue and a

captive audience.

Well, here is some stuff I haven't talked

about that's included. I have made mention to it,

and this is in tab (a) of my report. It's the

historic trapline maps.

Again, this was gone through a lot yesterday.

It was gone through in Ms. Hermansen's book,

talking about the different families and

particularly all the Métis families that have areas

of interest within the Project.

Talked about that report already.

Oh, another report or this was a debate --

Q. Sorry, Mr. Fortna, what tab are you referring to?

A. Tab (c). I apologize. I just get so excited.

Tab (c), it's the 1933 Session of the Alberta

Legislature of the Agricultural Committee,

April 1st, 1933. And they are having a specific

debate about traplines.

Interesting things in this is that they talk

specifically about "half breeds," and I put that in

quote because that's what Métis people were

referred to at the time, and how many are in the

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3028

north and how they are going to be impacted by such

changes to any legislation that's going to move

from the permit system to the trapline system.

In tab (g), that's where I include a number

of interviews from the Northern River Basin Study.

I made specific reference to the interview that was

completed with William Castor as part of this.

There are a number of other interviews, one with,

for example, Grant Golosky who was the president of

the Métis Local at the time. They all speak to

land use in the RSA, and that would have been very

valuable to have it included in the Project study.

Sorry, that was tab (g) and tab (f) has those

interviews. Well, has two of the interviews, one

with Grant Golosky and one with Real Martin.

I included an interview more just to show

that this information is available. This was an

interview completed as part of the Treaty and

Aboriginal Rights research. It was done

approximately through the early 1970s. And it was

done with primarily First Nations people but also

Métis people. And a number of those interviews

talk about land use and talk about Métis land use.

I've included an interview with Julian Gladue and

in this interview Julian speaks about using the

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3029

land I think down south all the way to the

Northwest Territories and just speaks a little bit

about the extent of Métis land use in the area.

We've got research findings again from the

Métis Archival project, and again Mr. Chartier is

going to speak a bit about that, because his

group's been involved with that as well. And in

this specific report, we look at who are the

historic families in the Wood Buffalo area. This

is another report that's referenced in the

Statement of Concern letter from earlier. And what

this report shows is that there's a number of Métis

families that historically used the region.

And that's tab (i) in my report.

Tab (k), it's another interview with a Métis

Elder. Ray Michael, who is also known as Ernie Ray

Michael, he's originally from Fort Chipewyan, lived

in Fort Chipewyan in 1994. He currently lives in

Fort McMurray. And is a member of the Métis Local

1935. He used the river and used the lake. He was

quite the fisherman. And, again, showing both

mobility and use of area in the Project-specific

area.

Similar story for Reggie McKay, he used to

live in Fort Chipewyan. And was interviewed by

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3030

Fred Fraser.

I have another report in here by James

Parker. This is, again, I think it was referenced

in the Golder Report, to be fair. This is one of

the better studies. It was done, again, for the

Athabasca Oil Sands Environmental Research Project.

And it's at Tab (l). This study, it does a good

job. There's also an accompanying oral history

study. And that's mentioned in Tereasa Maillie's

research. And again, another source that Shell

could have looked at for their Project Study is the

original interviews, and they were all held at the

University of Alberta archives, freely available.

And a specific one that would have been

extraordinarily valuable, and again, neither here

nor there, it's just important information, but

they interviewed a Shott who is the mother of Henry

Shott who was one of the key trapline holders in

the area. And in that would have been a great deal

of traditional land use information that could have

been included in the report that wasn't.

On tab (m), I've got some files from the

Provincial Archives of Alberta. And what it is is

it's files detailing one person's historical

trapline. Unfortunately, at the archives there are

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3031

only files from cancelled traplines so it somewhat

limits the ability. But these same files exist on

every trap report and a FOIP request would provide

all this information. So if, for example, Shell or

Golder wants to do a detailed study believing that

traplines are the key to understanding areas, what

should happen is they should do a FOIP request on

each of those reports, and had they done that, they

would have, a few pages in, you'll see a map, this

one is about the Steepbank and details a number of

cabins and details a great amount of traditional

land use information, this information would be

available. Had it been, unfortunately I would have

loved to do it, I would have loved to include it in

a Métis-specific study, but unfortunately we

weren't provided the funds, so that didn't happen.

More specifically, what this also shows, you

can see William Castor is one of the members. It

shows use in the Regional Study Area. Also by the

Shott family, who used to live over by where

Syncrude Towers are before they built the towers

and basically bulldozed him out of that area.

And lastly, but definitely not leastly, and I

encourage everybody to read this interview, one

completed with William Castor and his late wife

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3032

Gertie Castor, who I've already referenced.

And I think that's it for my historical

evidence.

Q. So in preparing the portions of the submission

filed in this matter, how many trappers did you

interview specifically?

A. Oh, I think it was approximately ten.

Q. And did you interview John Grant?

A. Yes.

Q. And do you know if he has a lease on the trapline?

A. Yes, that's what he told me.

Q. For his homestead?

A. Yes.

Q. And do you know, did you interview Mike Guertin?

A. Yes.

Q. Did he tell you anything about having a lease on

his trapline?

A. Yes, I think he said he has approximately a

two-acre lease. I think a lot of trappers in the

area, they have 99-year miscellaneous lease where

they can have a cabin and plant a garden, those

types of things. And the majority of the trappers

who I spoke to had such leases, if they were asked,

yes.

Q. Now, you mentioned Golder and you mentioned The

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3033

Mark of the Métis project, were you familiar with

Mr. Goodjohn who was a member of the Shell panel?

A. I've met him briefly I think at the launching of

The Mark of the Métis project. But besides that, I

haven't had much, if any, contact with him. I was

aware that Golder was working on the project. And

I have actually spoken to another researcher who

was involved, yes.

Q. So that information would have been available to

Mr. Goodjohn?

A. I would certainly hope so. I mean, Mr. Goodjohn

was the project manager of the book. I mean, if we

flip to the actual book to the acknowledgment page,

he is listed as a key author. And furthermore,

there's Shell employees who are editorial advisors.

So it's somewhat surprising that all that

information, particularly information around

McLennan Lake, didn't find its way into the Shell

study or that Shell didn't at least ask 1935, you

know, if they could use it.

Q. Thank you, Mr. Fortna.

I'll turn now to Mr. Chartier, who has

travelled here late into the evening last night

from Ottawa, after returning from a trip to Peru

only a few short days ago. So thank you,

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3034

Mr. Chartier, for travelling.

You are the president of the Métis National

Council?

A. MR. CHARTIER: Yes, that's correct.

Q. Can you explain to the Panel what that organization

does and who they represent?

A. Yes. Organization I suppose is one way to refer to

it. We tend to refer to ourselves as the

"Representative Government of the Métis Nation" and

the body that does represent the Métis Nation is

the Métis National Council.

The Métis National Council came into being in

1983 after being part of another organization

called the Native Council of Canada, now the

Congress of Aboriginal Peoples, which was formed in

1971 by the three western prairie Métis

organizations.

Why we formed the Métis National Council in

1983 was because of the repatriation of the

Constitution from Great Britain to Canada. And the

Canada Act coming into force in 1982. There was a

provision for a constitutional conference to be

called by the Prime Minister to identify and define

the rights of the Aboriginal peoples for further

entrenchment in Canada's Constitution.

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3035

So we felt at that time that, as a Métis

people, we needed to have our own voice, and so we

withdrew from an association of other Aboriginal

peoples to represent ourselves. And that's

important to note because the Métis are a distinct

people. We of course came into being several

hundred years ago after contact between the fur

traders in Western Canada and the First Nations

populations, particularly the Cree and the Dene,

the Obijbwe, and we formed our own distinct

society, if I can call it that, with a language,

our culture, customs, traditions, and the language,

Michif, which was referred to earlier. We had a

political consciousness. We formed governments.

The first provisional government in 1869/'70 when

Hudson's Bay Company was purporting to sell

Rupert's Land in Northwest Territories to Canada.

Second provisional government in 1885 in the

Batoche area of Saskatchewan. And we continue in

that mode to this day to represent our peoples'

interests.

And so the vehicle we have chosen, as I've

stated earlier, is the Métis National Council. So

that is our Métis Nation government.

Q. Now, in your role as president of that

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3036

organization, do you have knowledge of what other

provinces have done or recently have done in terms

of implementing consultation with Métis groups?

A. Yes. In my role as head of our Métis government,

yes, we do have interactions. And I should just

say that after 1870, and I don't have graphics, but

the original province of Manitoba was very small,

about 50 miles by 150 miles, so we call it the

"postage stamp province." So most of our homeland

up until that point was not dissected by any

provincial boundary. Some fell into a bit of

what's now or then Ontario. But primarily it was

outside of that then province. And in 1905, of

course, we had the Provinces of Alberta and

Saskatchewan created, artificial boundaries to our

nation. And over the years, our people became

organized by province, by provincial jurisdiction.

So in this province, you have the Métis Nation of

Alberta, and its governance structure. You have

the same in Ontario, the Métis Nation of Ontario.

The Manitoba Métis Federation, the Métis Nation of

Saskatchewan, the Métis Nation of British Columbia.

So those five bodies, we call them the

governing bodies of the Métis Nation, form the

Métis National Council. And the five presidents of

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3037

those governing members, along with the national

president, form the cabinet or the government, the

Board of Governors of the Métis Nation.

Now, the role of the Métis National Council

is to pursue a land base and self-government as a

people. And we do general policy development. And

it's our governing members such as the Métis Nation

of Alberta that do on-the-ground services, programs

and services, the Métis National Council doesn't do

that.

So in the case of Alberta, when we look at

the issue of consultation and accommodation, that's

on the ground within this jurisdiction. The Métis

Nation of Alberta has its own jurisdiction, similar

to the Province of Alberta within Canada, so within

the Métis Nation, the Métis Nation of Alberta has

its own jurisdiction. There's a bit of a division

of powers there.

At the national level, as I mentioned, we're

in the pursuit of a land base and self-Government.

We represent the Métis Nation nationally and

internationally, and we pursue broad policy

objectives with the Federal Government.

And when we're successful, for example in

employment and training, that is devolved directly

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3038

to the governing member, so there's an agreement

between the Federal Government and the Métis Nation

generally, and then specifically between the

Federal Government and the Métis Nation of Alberta

in this case, where they deliver programs and

services through what's now the Rupert's Land

Institute.

So that's how we operate.

So in terms of consultation and

accommodation, the role that the Métis Nation

Council played was more at the policy level with

the Federal Government and the policy that the

Federal Government came out with a couple years

ago.

And within the respective jurisdictions, the

Métis Nation of Alberta has the responsibility and

jurisdiction to look at accommodation and

consultation or conservation and accommodation

within the Province of Alberta, so that's their

jurisdiction. We will give advice. We do have a

Métis Rights Panel that examines this. We come

together collectively to look at these issues. But

in the final analysis, it's the Métis Nation of

Alberta Government that makes, you know, decisions

within the Province of Alberta.

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3039

Q. So I think in summary, you're telling me that, as

the president of the Métis National Council and

that governing body, you wouldn't directly

negotiate consultation policies with the Province;

that would be left to the bodies within the

provinces, but do you have a general knowledge of,

for example, recent negotiations in Manitoba?

A. Well, let me start with Ontario in terms of the

consultation and accommodation. The Métis Nation

of Ontario struck up a good working relationship

with the current government, particularly after the

success of the Powley case in 2003 in the Supreme

Court of Canada. They did negotiate a four-point

agreement in terms of harvesting within the

province, which has been upheld in the courts. And

they have a system of harvester cards, which was

agreed to.

But beyond that, the province has provided in

excess of I believe $2 million to the Métis Nation

of Ontario to develop consultation and

accommodation policy. And the Métis Nation of

Ontario itself is going to its regions and working

out agreements between the region and themselves to

try to formalize a process internally while they

are dealing with the Provincial Government.

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3040

And that's been very helpful because it also

signals to industry that, you know, the Métis do

have, you know, rights, do have to be dealt with.

And a prime example is Detour Gold in northern

Ontario where they have entered into an impact and

benefit agreement with the Métis Nation of Ontario.

So it's quite significant that, you know,

governments coming to the table acknowledging the

Métis, you know, it's significant, it's important.

In Manitoba, just recently, and I was there,

at the Manitoba Métis Federation General Assembly

at the end of September, the Premier of the

Province, Premier Selinger, and Manitoba Métis

Federation President David Chartrand, entered into

an agreement in terms of harvesting. And that's

based again on the Powley decision. But through

the Goodon case, which held that Métis had hunting

rights in basically southern Manitoba, well, from

Winnipeg down to the border and across to the

Saskatchewan border, so a relatively large area, so

they negotiated an agreement, taking up a good part

of the province, most of the populated area of the

province, where Métis people can engage in

harvesting, and not only wildlife and fish, but

also of timber or wood for domestic purposes.

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3041

And beyond that, it's based on the Métis Laws

of the Hunt, the Province will be engaged to help

enforce the rules, but the rules that are made by

the Manitoba Métis Federation itself. So quite a

significant step.

In Saskatchewan, I was part of two meetings

that the Premier initiated with the First Nations

and Métis leadership. And the Province has come up

with a policy on consultation and accommodation. I

don't remember the details of it now. It's been a

couple years ago. And they are still working on

making it applicable in this case to the Métis

community in Saskatchewan.

I'm not too clear as to what's happening in

British Columbia because there, the Courts haven't

been as -- well, there hasn't been today any

successful litigation in British Columbia that

would, you know, perhaps encourage the Province to

move forward. But I think, you know, they are in

discussions as well.

And in this province of course you have the

witnesses that were up. And I'm assuming they

spoke about this aspect of it already.

So there is some movement happening. And I

know that the Métis Nation of Alberta, the Métis

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3042

Nation of British Columbia, do have an interest in

major projects. We at the National Council entered

into a Métis Nation Protocol in September of 2008

with the Federal Government whereby we will engage

on a number of issues, including economic

development, dealing with the Residential Schools

issue, dealing with Métis veterans, dealing with

unfulfilled issues with respect to land and other

legal rights.

Now, to date, we've engaged in economic

development. We have a process whereby the Métis

Nation is engaged with the Federal Minister, in

this case Minister Duncan, and the five Aboriginal

Affairs Ministers from Ontario to B.C. It's called

the Métis Economic Development Symposium Process.

And we've had two meetings at the ministerial

level. And at our last meeting in January of last

year, we agreed that our officials would get

together and negotiate, or not negotiate, but draft

a national economic development strategy or policy

which would be brought back to principles in 2013.

And I just had a meeting with Minister Duncan

two weeks ago and we're going to work to ensure

that our officials continue this work and that in

fact we have, you know, this ec-dev policy brought

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3043

to us. And in all of these discussions we also

talk about the need to ensure that industry, you

know, comes to the table and deals with the Métis

in a meaningful way.

And in fact we've had not only national

meetings, we've had what we call "mini meds." We

had one in Grand Prairie in March of this year, a

joint meeting between the Métis Nation of Alberta,

Métis Nation of British Columbia, officials from

the Federal Government and the Provincial

Government, and industry, including Enbridge. So

we've been having these fairly good discussions.

And I believe, you know, we're starting to have

traction on this, this whole aspect of inclusion of

Métis.

But I just want to say one thing and I tell

this to the Minister and I tell it to others

wherever I have the opportunity: Métis are

discounted by industry and governments in all of

this. And why are we discounted? I think industry

views us as a people without rights. We don't have

reserves, except of course in Alberta there's eight

Métis settlements. But outside of that, we've been

dispossessed of our lands. Our harvesting rights

have been denied. And basically the Federal

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3044

Government takes the position that the Métis are a

provincial jurisdiction or a responsibility of the

province, and they say, no, the Métis are a Federal

jurisdiction. So we are in a political limbo.

And we say of course the Métis Nation, we are

responsible for ourselves, but it's the Federal

Government that has the jurisdiction to deal with

us on a nation-to-nation or

government-to-government basis.

And just on that, Minister Strahl, who

entered into the agreement with us in the House of

Commons and elsewhere, has said that this protocol

signed with us is signed and our relationship is a

government-to-government relationship. So that

recognition is beginning to come into place, but

it's not there yet, and so we need to continue

pushing, pushing that aspect.

Q. Now, you mentioned litigation in different

provinces. You are also a lawyer?

A. Well, I hate to admit it, but, yes.

Q. And I know you've read my submissions and there's

submissions of my clients and many of those cases

that are cited you were involved in?

A. Yes, as a lawyer.

Q. As a lawyer?

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3045

A. Yeah. I should also say, I didn't say this at the

start, but I am of course a Métis person. I am

from northwest Saskatchewan, a place called Buffalo

Narrows. And when the winter road is open, it's

only about a two-and-a-half or three-hour drive

from here. I know of course my community in

northwest Saskatchewan very well. I know a lot of

people in northeast Alberta as well. And so I'm

not unfamiliar with, you know, this area.

I just wanted to make that clear. And yes, I

was involved as a lawyer because -- and I'm not a

practising lawyer as such. I've mainly been

engaged as a legal consultant or in the research

aspects of things, and when we were doing our

Aboriginal Rights research in the late '70s in

terms of promoting our land rights.

But one of the Elders finally in 1993 came to

me and said, look, you're a lawyer, our people are

being charged, you should stand up and defend them.

So I did. Our Métis Local in Buffalo Narrows

agreed, and I am a member of the Local, and I said,

okay, I'll provide my services as long as the Local

and the community raises monies for witness travel

and for potential reports and so on and so forth.

And so we did that. And so throughout about the

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3046

next 15 years, we did about six cases in

Saskatchewan, all of which I would say were

successful.

Q. And the reason I bring that up is you mentioned

litigation defining the rights of the Métis people.

In fact, that is particularly that the rights have

been defined in the courts, would you agree with

that?

A. Well, they are beginning to be defined in the

Courts. Again, when we formed the Métis National

Council to represent ourselves once again, we took

the position that we would go into the

constitutional conferencing process as a people and

that we would go on the basis of the right of

self-determination to a land base and

self-government as a people. And that Section 35

would be a fall-back. Because when Section 35 was

put into the -- well, it wasn't Section 35 -- but

when that section found its way into the

Constitution in January 1981 through the

negotiations of Harry Daniels, the then leader of

the Native Council of Canada, we received a letter

shortly after that by the then Minister of Justice

who agreed to the clause going in and agreed to

defining Aboriginal peoples to include the Indian,

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3047

Inuit and Métis. He sent a letter to all of us,

the national body and the provincial bodies,

stating that the funding that we were receiving

from 1976 to make our claim was going to be

terminated, and that their Justice Department's

legal opinion is that any rights that we had to

lands or resources were extinguished, and so

therefore no need for anymore funding. So that's

after they agreed to put our rights in the

Constitution.

So they said, okay, it's in here and then two

months later they said but you ain't got none

anyway.

So again, we took the position that fine,

we'll go into the process. And there were four

constitutional conferences in the 1980s. And then

the Charlottetown round in 1992. So with the

failure of those four conferences and with the

success/failure of Charlottetown, and I say success

because we were able, the Métis Nation through the

Métis National Council, to negotiate a side deal.

It's called the Métis Nation Accord which is part

of the Charlottetown Accord, which would have seen

a land claim process for the Métis, would have seen

financing of self-government for the Métis, whereby

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3048

we would be getting part of taxes back to run our

government, and we would have seen an amendment to

Section 91-24 of the Constitution Act (1867) which

provides jurisdiction to the Federal Government to

deal with Indians and the lands reserved for the

Indians. That's where they have the authority to

pass the Indian Act. And we're not saying we're

Indians as per the Indian Act, we're saying that

Indians in 91-24 and 1867, basically is synonymous

with Aboriginal peoples. And in 1939 the Supreme

Court of Canada in a reference case on the Quebec

Government and Federal Government said, yes, Inuit

Eskimos at the time are Indians for the purpose of

91-24, because the Feds and Quebec government were

squabbling over who should assist the Inuit in

northern Quebec during the dirty '30s, or that

period of time during the Depression.

So the only question outstanding is for the

Métis. And that will be resolved sometime this

year again through the Daniels case in the Federal

Court Trial Division, a decision will be coming

down at any time.

So we were successful in getting that accord.

But in the referendum of October 1992, about

55 percent of Canadians voted down or voted against

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3049

the Charlottetown Accord, which would have

accommodated Quebec's distinct society, would have

accommodated Alberta's Triple E Senate. And you

know, Aboriginal Rights entrenchment in the

Constitution, plus the Métis Nation Accord.

So at that time, the Métis Nation leadership

said, okay, we failed in the political process,

there's no conceivable opportunity to get back to

the Constitutional table, for a long time, and in

fact we haven't yet, it's almost, well it's 20

years. So we said, okay, we'll take our fallback

position, which is Section 35. And so starting in

1993, we started defending our people in the courts

and we've had these ultimate victories, like I say,

in Powley in 2003 and these various cases in

Saskatchewan and Manitoba.

Q. Now, and that's where I was getting to. There was

some discussion here yesterday with the Panel and

our witnesses, the witnesses, my clients, and your

clients as well, or your --

A. Constituents.

Q. -- constituents, that's the word I was looking for.

Thank you. About how one would determine who the

governing body is that would need to be consulted.

And there was some questioning I think from the

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3050

Panel. And I'm just wondering if you could address

that and perhaps bring it back to how the courts

have determined that.

A. Well, how the Courts have determined that, your

last question, I'm not sure that the Courts have

determined that. But I do know that in the one

case, the Métis Nation of Labrador, which they no

longer call themselves Métis anymore, but anyway,

they did at the time, the Courts did say that their

organization was a proper body to be consulted. So

that took care of that aspect of it.

Q. And that was the government, the governing body?

A. Well, that was the -- well, I wouldn't say the

government. It was their organization.

Q. Okay.

A. We're a government, they're an organization.

Q. Okay.

A. Anyway, yes, so that -- but in terms of the Métis

specifically, I don't believe there's any court

decision. I don't follow all the cases as well. I

don't really have time to do that anymore. I don't

think I can point to a case that says this is the

proper Métis community or group of people to be

consulted.

What we do is, as I mentioned before, the

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3051

Métis Nation of Alberta in this province has the

jurisdiction to work out that particular issue

within this province. And I'm not sure if they

have actually come up with any kind of agreement.

I know they've had discussions in terms of

consultation and accommodation, but I don't know if

they have an actual agreement amongst themselves.

How we look at it, and I'll just use again

the 1980s as a prime example, when we were looking

at negotiating a land base and self-government, we

produced papers, the Métis Nation itself, and our

position is that our local communities, or

community's a tough word, too, because the Métis

Nation is one community. I mean, you can go to

regional community, you can go to local community.

So one has to be careful with that terminology.

However, we believe strongly that our

community-level governments have to be fully

engaged. We believe, at the next level, the

regional level, must be fully engaged, and we

believe the provincial level needs to be fully

engaged.

Our preference stated at the time, and I

don't think abandoned yet, is that we develop a

national policy which will give general guidance,

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3052

and within that, each governing member,

jurisdiction, will come up with what works best for

them within their jurisdiction and the governments

that they are dealing with. And they will have,

again, you know, some broad principles that would

be in place.

And at the regional level, they would also

have guidelines and policies that would flow from

the general policy. And at the community level,

you would have the same.

What we don't want to do or what we don't

want to see is what has happened in the past with

the scrip system. And I don't want to get into

that as well.

But basically our people, starting in 1870,

were dealt with as individuals, not as a

collective, okay. We have collective rights as a

people, but the government, the Federal Government

chose not to deal with us as a collective. They

individualized our nation and they provided land in

individual ownership, fee simple ownership, per

person. And in that way, they dispossessed us of

our lands. And we're challenging that. I won't

get into that, but that's another story.

So we don't want that to be repeated. We

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3053

don't want to see industry or anybody else coming

into our communities individually and saying, you

know, we'll settle with you on this. You know, we

don't want to be fragmented. We need to have a

cohesive approach. This is why we need a

provincial policy, a regional policy, and local

policies, which, you know, are complimentary.

And we went so far as to say as well back in

the '80s that on these negotiations that at least

at the local level you'd have regional, potential

regional representation or provincial

representation to ensure consistency. But these

things still need to be worked out.

One of the big problems we have is the lack

of capacity. I heard some, you know, somebody say,

CDs and stuff were dropped off. I was the

president of the Métis Nation of Saskatchewan from

1998, February, to basically January 2004 when I

moved up to the national level. And we'd get boxes

of stuff delivered to us. We wouldn't even open

them because we had no capacity to do so. We had

no money to hire anybody to look at this stuff.

So, you know, and it's really all I can say

on that.

And we'd get, you know, every month or every

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3054

few weeks, envelopes from the Province saying, you

know, "We're going to change these guidelines.

We'd like to consult with you on this." We had no

capacity to look at that either.

And I don't think that's changed at all. I

know at the national level, we get letters and we

have nobody in our office that can look at this

stuff.

So if that's happening at the national level,

and if that's happening in our provincial office,

at least when I was there in Saskatchewan, what

about the community level? I know people get

letters. I mean, they are volunteers. Some have

jobs, some don't, but they volunteer their time.

And they get all this material and, you know, what

can they do with it. I mean, often they don't even

understand what's in it because they don't have the

education to be able to read that or the technical

knowledge to read it if, you know, if they do have,

you know, high school or even some university

education, some of it is quite technical. So it's

a very big issue.

So we do need to ensure that, in this

province, the government of the Métis in this

province has an involvement in what takes place at

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3055

the community level, but the community certainly

has to be the ones that benefit, and have to be

involved, and engaged at every step of the way.

But not be left in isolation to, you know, perhaps

not do what's in the best interests of the

community as a whole.

Q. I think those are all the questions that I have for

you, Mr. Chartier. I really do appreciate you

flying in almost immediately from getting back from

Peru, so we do appreciate that.

A. Thank you.


Mr. Lambrecht, do you have any questions.

MR. LAMBRECHT: Thank you, sir. I have no

questions of this particular panel.


Shell? Mr. Duncanson?

MR. DUNCANSON: Thank you, Mr. Chairman. We

do have just a few questions.

CROSS-EXAMINATION OF MÉTIS NATION OF ALBERTA - REGION 1

AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH

REGION 1, SECOND WITNESS PANEL, BY SHELL CANADA,

BY MR. DUNCANSON:

Q. MR. DUNCANSON: I'll start with just a quick

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3056

question for Mr. Chartier.

Can you confirm for me, sir, whether you've

in fact reviewed the Application for this Project

and the Consultation Logs between Shell and the

various Métis communities?

A. MR. CHARTIER: All I can tell you is the

only thing I've seen is this pretty little pamphlet

or booklet.

Q. Thank you.

Mr. Fortna, a few questions for you and

perhaps it would be easiest if you pull up that map

that shows the various traplines that you were

referring to. I can talk about something else

first.

Mr. Fortna, you talked a fair bit about

consultation between Shell and Local 125 and Local

1935. And my understanding is that there were, in

fact, a number of meetings between Shell and each

of those Locals. And perhaps we could just run

through a list of some of those meetings and you

can confirm for me, sir, whether, first of all, you

were aware of the meeting and secondly, whether you

have reviewed the meeting notes from that meeting.

I'm simply just trying to understand what

information you used to develop the opinions that

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3057

you relied on.

So starting with Local 1935, are you aware,

sir, of the meeting --

MS. BISHOP: Which exhibit are you

referring to? We should provide it to the witness.

MR. DUNCANSON: I'm in fact just listing off

a series of meeting dates.

MS. BISHOP: From which exhibit number,

please?

MR. DUNCANSON: I'll pull that up.

Q. While we're locating that exhibit number, I see

that the map that I was referring to is up on the

screen, so maybe we'll start with where I was

planning on starting originally.

A. MR. FORTNA: Sure.

Q. You talked a lot in your Opening Statement about

McLennan Lake?

A. Yes.

Q. Can you just identify for me where that is, sir?

A. Sure.

Q. Okay, that's that lake there. Is that the same as

McLelland Lake, is that the same lake?

A. I would presume. Yeah, I think that's just a typo.

Q. Okay. And perhaps, Mr. Fortna, can you just

identify for me on the screen where your

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3058

understanding of the Local Study Area for the

Project is?

A. Roughly -- well, it's a little below.

Q. Okay, so the area including McLelland Lake?

A. M'mm-hmm.

Q. Okay. You mentioned a gentleman by the name of

William Castor; is that right?

A. That is correct.

Q. And you stated, I believe, that Shell did not speak

directly to Mr. Castor, but that's not quite

correct, is it, sir?

A. That's what William told me over the weekend.

Q. Okay, so you're presumably not aware of a meeting

between Shell and various local 1935 Elders on

December 8th, 2008?

A. Right.

Q. Including Mr Castor himself as well as his late

wife, Diane Hamelin, Elsie Yanik, Anne Michalko. I

hope I pronounced that right.

A. Ann Michalko.

Q. Ann Michalko, Dana Lacorde, Marlene Cardinal,

Walter Cardinal, Richard Grolosky?

A. Galosky.

Q. You're not aware of that meeting, sir?

A. No. And to be honest, I guess to be fair, neither

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3059

was William Castor, so clearly that meeting did not

leave an impression on him.

Q. So he didn't tell you, sir, that he actually raised

concerns about his trapline at that meeting and

there was direct dialogue between him and Shell,

you're not aware of that?

A. No, I didn't, but it would be nice to see the

minutes from that meeting so that I could confirm

that fact with Mr. Castor.

Q. Yes, we can certainly provide that in rebuttal.

A. Because I think what happens often is these

meetings happen and project-specific concerns are

not fairly addressed. And it's just not right.

Q. Okay, thank you for that. So I think we'll deal

with the details of these meetings in our rebuttal.

But we'll be able to provide the exhibit after the

break and we'll deal with that then.

So, Mr. Fortna, can you pull up the Métis

Nation of Alberta's October 1st Submission.

A. Just bear with me. I'm just having some technical

issues. All right, I'm there digitally and in

paper, so.

Q. So that's Exhibit 010-004A. And I'm looking

specifically at Adobe page 15, which shows map 3.

A. And what's the page number?

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3060

Q. Hard copy page 11.

A. And it starts 26 map 3, is that what you're looking

at?

Q. Yes, that's right.

So my understanding, sir, is that the various

numbers underneath this map, that provides a bit of

a summary of some of the various concerns that are

outlined in the response or in the submission?

A. M'mm-hmm.

Q. And there were just a few that I was a little bit

confused about, so I'm hoping you could clarify.

One is a statement that says (as read):

"The water quality of the

Athabasca River is a key concern of

Métis Nation of Alberta Region 1

and is at risk if the Jackpine Mine

Expansion is approved."

Do you see that?

A. Which number was it again, sorry?

Q. So that's under number 3 under the map.

A. Yes, I do see that.

Q. So, Mr. Fortna, can I take it you did not read

Shell's May 2012 Submission, Appendix 1,

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3061

Exhibit 001-051F?

A. I think the reality is I read a lot of material for

this Project. A second reality is Shell did not

provide capacity to the Métis Nation of Region 1 to

perform a technical review of the material.

Therefore, what we are recording here is largely

looking at the study area and what the Elders'

concerns were. I mean, this stuff should have been

done in 2007 with the communities' Elders so that

we could have had a meaningful dialogue and

collected that technical information. And to be

honest, I'm not a scientist either, so even my

reading of it is largely a layperson's reading of

it. I'm an historian by training, therefore I,

myself, and the Elders have concerns about that.

And about how this Project is going to impact the

Athabasca River.

Q. Okay, so would it be fair to say, then, sir, that

the statement in that submission that says that the

water quality will be at risk if the Project is

approved, that was not based on Shell's May 2012

Submission; is that fair?

A. That's fair.

Q. Okay. And another thing that I just found a little

bit confusing, and the map kind of shows this as

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3062

well, but it appears as though several of the

concerns in the submission are, in fact, related to

the Pierre River Mine project and not the Jackpine

Mine Expansion. And you see that specifically with

item five under that map. Is that fair to say?

A. I don't think that's totally fair. I think

community members are worried about how the Shell

Jackpine Project is going to impact both sides of

the river and the area more broadly. And because

we haven't had the capacity to complete technical

reviews to fully understand what the impacts are

from the Métis perspective, I think there's a lot

of concerns.

For example, Mr. Guertin yesterday spoke

about how odours are impacting flight patterns of

birds. We don't know how the odours that are going

to be produced by the Shell Jackpine Project are

going to travel and how they are going to impact

animals on the other side of the river. That's

just one example of how we're concerned about this

Jackpine Project.

And the reality is the community members

don't understand what those impacts are.

Q. So sir, maybe let's just look specifically at that

item 5 under the map, and you talk about:

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3063

"... blocking of access for

Métis harvesters to existing bush

trails into traditional

Gardiner-Namur Lakes, Hunting and

Fishing and Gathering Areas."

You see that?

A. That's Namur Lake, by the way.

Q. And you agree with me, sir, that that is a concern

that is not related to the Jackpine Mine Expansion,

that is only related to the Pierre River mine

project?

A. To be fair, I don't know. Because we don't --

Q. You don't know --

A. Because we haven't had the meaningful dialogue with

Shell to understand exactly what these impacts are.

Q. Okay, thank you, sir.

And the last question I'll have on this page,

it's actually item 1 under the map. And you say:

"If McLelland Lake is drained for the Jackpine Mine

Expansion," do you see that?

A. M'mm-hmm.

Q. Okay, so again, sir, presumably when that statement

was made, that was not made having familiarity with

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3064

Shell's May 2012 Submission --

A. No, no --

Q. -- which clearly states that "there will be no

cumulative effects of the Project on McLelland

Lake."

A. Again, Métis Nation Region 1 nor the majority of

the member Métis Locals had capacity to complete a

technical review of the Project, therefore their

concerns are largely lay concerns of the community

members and they have many concerns about McLennan

Lake, some of which were outlined in

Ms. Hermansen's testimony and other people's

testimony.

And it's sad that you're questioning me on

this material without providing the capacity to

perform a technical review of the material.

Q. So last issue, sir. I'm going to go through that

list of meeting dates, and we don't have an exhibit

number for that, we're going to address that in

rebuttal, but perhaps I could just run through a

list of meeting dates and you can confirm for me

whether you're aware of a meeting on that date.

A. I'd feel a lot more comfortable looking at this

with an exhibit number.

MR. DUNCANSON: So, Mr. Chairman, perhaps we

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3065

could take our break for the morning now and we'll

finish our questions after the break.

THE CHAIRMAN: Well, it's about the right

time. I have 10:16 and we'll be back in

20 minutes.

(The morning adjournment)

THE CHAIRMAN: Could you take your places,

please.

MS. BISHOP: Mr. Chair, if I may before my

friend finishes his cross-examination.

I was advised over the break that the

document that my friend wanted to cross on isn't on

the record.

And I was also advised that there's a

potential that Shell intends to introduce documents

relating to consultation in the rebuttal. And I

just want to put my concerns on the record early in

this matter, because I think it's pretty clear from

anyone that has read our submissions filed on

October 1st, prior to Shell's opportunity to

provide rebuttal evidence, that my clients, all of

them, including Métis Local 135 and Local 125 as

well as the region, had strong concerns about the

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3066

level of consultation in this process.

Now, my friend can clarify, but it seems to

me that their intention, that I've been advised of,

is to provide documents relating to logs and that

type of evidence in rebuttal. And I suggest that

that is not the time to be providing new evidence.

Especially when the issue was clearly identified in

our submissions and Shell had an opportunity to

reply to those submission and they chose not to at

that time.

So we haven't raised any specific meetings.

We haven't raised any concerns. I did

cross-examine Shell's panel extensively on the

level of consultation. And they did address it in

their cross and in their direct evidence and upon

questioning from me on behalf of my clients.

So I guess the other thing that I wanted to

raise as a concern is that I have asked my friends

to provide me with any documents if they intend to

produce, which I likely will object, but if they

intend to do so, I think I should have an

opportunity to review those well in advance.

THE CHAIRMAN: Any response to that,

Mr. Duncanson?

MR. DUNCANSON: Sure, Mr. Chairman. Just to

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3067

clarify, the information that we were referring to

that we were hoping to cross-examine on was simply

a compilation of material that's already on the

record in several different exhibits and we had

simply rolled it up internally into community by

community. And so that's information that we may

be presenting by way of rebuttal. It's not new

information. It's simply a different way of

presenting information that's already in the

Consultation Logs.

THE CHAIRMAN: Thank you. Go ahead, sir.

MR. DUNCANSON: So I guess on that note,

Mr. Chairman, given that the records that we were

hoping to refer to are in several places on the

record, I'm not going to take Mr. Fortna through

each of those this morning. And, rather, I think

what we'll do is we'll have Ms. Jefferson and

Mr. Plamondon speak to that by way of rebuttal

later this week.

Q. But, Mr. Fortna, just in fairness to you,

Ms. Jefferson and Mr. Plamondon are going to be

responding to your evidence that there has been no

meaningful consultation with the Métis Locals, and

in fairness to you, sir, if you have any comments

that you'd like to provide right now on that, feel

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3068

free to do so.

A. MR. FORTNA: I guess my meaningful comment

will be or my comment would be, I'm just thinking

back to our cross-examination of Shell by

Ms. Bishop, and when she asked Shell how much money

they provide to the different IRCs and Shell

explained that that was a confidential agreement.

But then under Shell's cross-examination of ACFN,

they talked about some of those funds that were

provided to ACFN. That was the first time that we

had a clear understanding of how much money was

provided for consultation. And, for example, I

think I'd have to go back to the record to get the

specific amounts of money, but ACFN was provided, I

think the number was $160,000, for capacity in

order to meaningfully consult with ACFN (sic), as

well as additional monies provided to complete

project-specific studies, et cetera.

While there are good neighbour agreements

with some Métis Locals, not all, and not with the

Métis Nation Region 1, those are more general

agreements and often tied to project-specific

issues, and they don't provide the capacity

necessary to meaningfully consult.

And, again, I go back to Ms. Jefferson's

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3069

response to Mr. Les Cooke when asked "What are the

concerns of the Métis?", and she could not produce

one substantive concern. And that worries me

working for the Métis Nation of Alberta and Region

1, and it should worry the Panel, because Métis

people do have concerns, they have substantive

concerns, and clearly Shell doesn't know what those

concerns are. And it worries me that this Project

potentially could get approved without knowing what

those concerns are.

And I guess what we're asking for is the

ability to come to a table at an equal playing

field so that we can have a meaningful discussion

about mitigation, impact benefits, et cetera,

potentially avoidance, find out what the Métis

concerns are, and potentially try to address those

concerns in a meaningful way. And that can only

happen if Métis people are provided the capacity

necessary to fully understand the impact of not

just Shell, all the projects in the region.

And I guess that would be my comment back.

Q. Just the last question for you, then, sir, have you

reviewed the Consultation Logs that Shell's put on

the record for this Project?

A. I only saw one brief one, I think. I've looked at

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3070

some, but, I mean, like, like you were saying

earlier, they are mismatched everywhere and it's

very difficult to get a concrete idea of the

consultation.

I mean, the best version that I was able to

review was that 48-page document talking about

Shell's consultation where they spend 46 pages of

that 48-page document talking about their

consultation with First Nations and exactly

one-and-a-half pages with Métis communities, all of

the Métis communities in the region. And it

worries me that Shell believes that that is the

same as their meetings with the First Nations, and

believe that their consultation with Métis equals

their consultation with First Nations.

Q. So specifically, Mr. Fortna, have you reviewed the

Consultation Logs in Exhibit 001-006A?

A. Just let me bring that up. I see 001-061, is that

what you're talking about?

Q. 001-006A.

A. Oh, sorry. I was looking at 61.

Q. I think that starts at PDF 92.

A. Just bear with me while it opens up. If it opens

up. Do we have a hard copy, Deb? I'm at

1 percent. It must be a big document.

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3071

Q. There were lots of meetings, sir.

A. Yes, we're still at 10 percent, so this is going to

take a while.

Q. Well, sir, perhaps I can just pass you a hard copy.

This is starting at PDF page 100. This is an

excerpt. So, Mr. Fortna, this is just one of a few

sets of Consultation Logs on the record covering

the years 2007 to 2009. Can you just confirm for

me, sir, that you've reviewed those?

A. I would say at some point I probably reviewed them.

Flipped through them. The reality is we weren't

provided the capacity to perform a technical review

or any other type of review for this Project, so

it's really hard to say that I reviewed them in

depth, if in any depth at all.

Q. Mr. Fortna, you're making, you're giving evidence

on the lack of meaningful consultation between

Shell and the local Métis communities. Don't you

think, sir, it would have been a good idea to

review the actual Consultation Logs to make that

opinion?

A. Can you please refer me to some specific pages and

or specific items in that document for which you're

referencing?

Q. Sure, so maybe flip to the fifth page of that

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3072

document, which I believe is Adobe page 105?

A. Perhaps you need it back so we can get the specific

reference.

Q. Hard copy, page 5-22, do you see that?

A. No, I don't. Okay.

Q. Do you see item 25 on that page, sir?

A. Yes, I do.

Q. And this is just one example --

A. Actually, I'd like to talk about this example, if

that's okay.

Q. Please do.

A. If I remember correctly, this was a meeting that

was referenced earlier by Bill Loutitt and I was

actually in attendance at this meeting. It was

when I think Shell, if I remember correctly, I

mean, there isn't, there wasn't a lot of

information on this, but it was an orientation.

And to the best of my knowledge, Shell came and

provided a document -- can you pass me that

document there, Clem -- not unlike this, describing

what the Project was. And just in really

non-technical terms and non-specific terms.

Furthermore, after that, I think, if I

remember correctly, Shell brought in a bunch of

tubs of bitumen and provided toys to Elders and

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3073

they played in the sand to build their own oil

sands plant. And I'm presuming this is what you're

speaking about when you talk about "meaningful

consultation with the Métis."

Q. Mr. Fortna, I was just trying to establish, sir,

that you've reviewed the consultation records for

this Project and that that was the basis for your

conclusion that there was a lack of meaningful

consultation. And I think I heard you say, sir,

that you had skimmed some of them and you had

reviewed some of them, but there were so many that

it was hard to keep track?

A. That's fair. But this was a meeting that I was

part of, so I can speak specifically to, so.

Q. Okay.

A. That's just, I thought that was important for the

record and important for the Panel to know what

happened at that specific meeting.

MR. DUNCANSON: Thank you, Mr. Fortna.

Thank you, Panel. No further questions.

THE CHAIRMAN: Thanks, Mr. Duncanson.

Mr. Perkins?

QUESTIONS OF MÉTIS NATION OF ALBERTA - REGION 1

AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH

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3074

REGION 1, SECOND WITNESS PANEL, BY THE ERCB BOARD STAFF,

BY MR. PERKINS:

Q. MR. PERKINS: Yes, just a couple questions,

panel. First probably for you, Mr. Fortna, we've

seen a number of maps and other material in the

presentation. One question we have is the maps or

the material that indicate the presence of cabins

on traplines or in trapping areas, does the

material distinguish between cabins that are

historical and cabins that are in active use?

A. MR. FORTNA: I think some of the Shell

material does. In terms of our material, no, we

don't make that distinguishing factor. Had we had

funds to complete a more thorough Traditional Land

Use Study, including ground-truthing, that would

have been, that we would have been able to provide

that information. But because we didn't have that

capacity, we were limited in what we could provide

to the Panel.

And I really would have liked to provide the

level of detail, say, that Mikisew Cree or ACFN or

Fort McMurray First Nation Métis provided, but the

reality is, I mean, I'm not even sure we're going

to get paid for the work we did. It was largely

over weekends and perhaps as a volunteer. I guess

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3075

we'll see at the end of the day, because I'm

working for completely under-capacity

organizations.

Q. Okay, so just to be clear, then, the MNA's material

doesn't make that distinction, and you didn't have

the ability to do that work, so you couldn't

provide it either?

A. That's correct.

Q. All right, thank you.

And, Mr. Chartier, I wanted to ask you a

question about Crown Consultation. I know you said

you're legally trained but you're not a practising

lawyer. And just to be clear, I'm not asking you

to give a legal opinion when we go down this road,

but just state from your own experience in your

leadership, I guess, whether you're comfortable

answering the question, okay?

So would you agree with me, sir, that Crown

Consultation is owed to the Aboriginal community as

a whole, it's owed to collectives?

A. MR. CHARTIER: What's the last part?

Q. It's owed to collectives?

A. Yes.

Q. It's not owed to individuals. Okay.

A. That's correct.

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3076

Q. And you understand, I assume, that Region 1

represents Métis from an area of Alberta that

ranges from as far south as about Lac La Biche all

the way up to the Northwest Territories border, you

understand that?

A. I do.

Q. Okay. Within that region, in your opinion, what is

the proper person or organization to assert the

rights afforded under Section 35 to a Métis

community?

A. That's a very broad question. I could answer it in

a number of ways. Let me start by saying this, I

mentioned earlier about the scrip system and that

there is a challenge to it. I'm from northwest

Saskatchewan. In 1994 we filed a Statement of

Claim in Court of Queen's Bench for the whole of

northwest Saskatchewan claiming unextinguished

Aboriginal title and rights to the lands and

resources. And I also mentioned that in 1906 there

was an artifical boundary created by the state.

And so our Statement of Claim currently only

extends to the Alberta border, but there's nothing

stopping us, and we've been discussing this, from

actually moving and taking in north-eastern Alberta

as part of our traditional homeland, because,

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3077

again, the provincial boundary does not change the

fact of our existence as a people on the land. So

that's something that needs to also be taken into

account.

And we also know that the people from

Lac La Biche, Île-à-la-Crosse, Saskatchewan, Green

Lake, are primarily part of a regional community,

which was established in one of the Court cases in

Saskatchewan, and that extends up to La Loche and

arguably takes in of course Fort McMurray, and

quite likely Fort Chipewyan.

So you're asking me to describe an area

that's even smaller than what I believe is the

community that is impacted by this particular

Project, if we take it as a community, and those

that have a mark on the land.

But certainly on a smaller regional basis, I

would say that, yes, Region 1 represents an

impacted community and they do have to be involved.

But at the same time, the villages or the local

communities also have a, you know, are being

impacted and also have to have a meaningful role

within this whole process. But I do not see that

it should be fragmented much beyond the regional

level but with significant input and involvement by

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3078

the people on the ground that are being, you know,

directly affected.

Q. So let me try this. And, sorry, thank you for the

answer. I just want to go one step further. I

don't know if there's a local in Lac La Biche, I

assume there's a local in Lac La Biche. Do you

think that their interests and their potential,

sorry, the way this Project could potentially

affect them would be materially different from the

way that it may affect a Local from Fort Chipewyan?

A. Well, and again, the term Local is one that

unfortunately I think we adopted from the labour

movement. And basically there are community, Métis

communities, and in some cases the Métis community

is the dominant community in some of these

villages. Now, I can't speak in terms of Alberta,

I'm not that familiar with it, but I know in

Saskatchewan, the villages there are Métis

villages, but we still say we have Locals within

them when the whole village is Métis. And I assume

Lac La Biche and Conklin and some of these others

are in the same situation.

I think there are degrees of being affected

but I don't know the history well enough to say

that people in Lac La Biche will not be impacted.

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3079

But certainly, if one uses common sense, if you're

right in the middle of a, you know, if you're right

in the middle of an expansion or of an activity,

you're more directly affected than those that are a

hundred miles away. But that doesn't mean that

those that are a hundred miles away are not also

affected because they also have, you know, the

traditional use to that particular area but not

possibly as concentrated a use.

And let me give you an example. In

Saskatchewan, we have the Primrose Lake Air Weapons

Range, which covers Saskatchewan and Alberta.

There's two small Métis villages beside the bombing

area on the Saskatchewan side, Jans Bay and Cole

Bay, and you have Métis villages of Île-à-la-Crosse

and Beauval. I would assume that those two Métis

villages that are right beside the range that had

part of their trapping fur block areas taken would

be more impacted and so perhaps they should be

dealt with in a way that compensates for their

direct losses. And, again, although the Métis in

Île-à-la-Crosse and Beauval also use the area for

trapping and fishing, they were not necessarily on

the ground all the time as were the nearby

villages. But in a sense, in a way, they would

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3080

still be affected.

So I guess there needs to be a graduation of

impacts and that's something again that, what I

mentioned earlier, the policy that needs to be

developed by the Métis Nation of Alberta,

provincially and regionally and locally, has to

take these into account. It's certainly something

that we all have a common interest in addressing.

Q. I know, Mr. Fortna, you want to respond. I just

wanted to follow one point up with Mr. Chartier.

A. MR. FORTNA: Sure.

Q. In your response, as I understood you, you

discounted the suggestion that the Local speaks for

the community. You said the community, that is the

discussion should be with the community. Who is

going to speak for the community?

A. MR. CHARTIER: Okay, again, the community is

described or can be defined very broadly. You have

the Nation. Then you have in this province the

Métis Nation of Alberta governance. Then you have

the regional community. And that doesn't determine

the rights either. These are administrative

boundaries, like Region 1 is an administrative

boundary. You know, the rights-bearing regional

community could be smaller or could be larger. And

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3081

I'm not going to make that determination now.

But then you have the on-the-ground village

peoples, like Fort Chipewyan, you say, or Fort

McKay. They also form a local community, Métis

community.

Now, they must be involved as well. They

have to of course speak for themselves. But they

speak for themselves within the context of the

regional community and the provincial community.

So there is a collective voice, but all voices

within that collective must be heard, and

accommodated. And this is why there is a need for

policies internally and policies externally with

governments, in this case the Provincial Government

of Alberta. Which I know does not yet have a

policy in place.

I do recall reading a paper several years ago

saying that they just came up with a policy for the

Treaty Indian community. And I asked the president

of Alberta, well, what's happening with the Métis,

and she said, well, they told us, you know, we're

next. And "we're next" still hasn't happened.

And that's the whole situation about the

Métis, we are always being marginalized or

discounted and not taken into account.

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3082

So, you know, it's been I think six years

since that policy has come into place and yet the

Métis are still waiting for that policy.

So just to sum up. Yes, the on-the-ground

village local community must have a significant

voice, but it can't be an isolated voice, it has to

be a voice that is in collaboration or in

conformity with the principles developed at the

regional and provincial levels.

Q. And those principles don't exist yet, is what I

understand you're saying?

A. I'm not sure. I know there's been discussions, but

I'm not sure what exactly has been adopted by the

Métis Nation of Alberta Government. And all I know

is in Ontario, as I mentioned earlier, they are in

the process of doing that. They have signed

several agreements between their regional level and

their local community councils and the provincial

body. But there again, as I mentioned, some two

years ago the Ontario government provided some

$2 million for them to carry out these processes.

Q. So, Mr. Fortna, where does consultation plug in

with the Métis?

A. MR. FORTNA: I think Clem covered it quite

well. And the reality is it's got to be a

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3083

negotiation between the Alberta Government and the

affected Métis communities, which is -- well,

National Council, I mean, you could arguably bring

in, but really focus on provincial, regional and

local. And we need that direction. And we need

the ability to meet with the government and have

that discussion and talk about how, like Clem said,

this is a complex issue and we're not denying that,

but it's much more complex when the affected

communities at the provincial, regional and local

bodies don't have the funds to meaningfully engage

with either government. And then that flows into

our engagements with Shell and companies. You

know, we need the ability to draft these types of

documents, to get working documents, to define

clearly these different relationships and we need

to do that in partnership with the Alberta

Government.

I mean, just go back to the harvesting policy

how it was just legislated on to Métis people. I

mean, that's -- the best way to do is to have

everybody in the tent talking about it and to

create a meaningful document that deals with many

of the issues that have come up over the last

number of days.

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3084

Q. So just a last question on this line, then. Let's

use the analogy of First Nations, there's a project

proposed, the SRD gets ahold of it under the

consultation guidelines and will tell the

Proponent, you've got to consult with these First

Nation groups. And my understanding is they'll

typically go to Chief and Council and that's where

consultation takes place.

There obviously is no equivalent of Chief and

Council in the Métis communities.

So, again, where do they go?

A. MR. CHARTIER: There is an equivalent. I

mean, we do have community councils, which we call

Locals, which have their own governments. The

difference, though, is band councils reside on that

identifiable piece of land. And there's Federal

jurisdiction which provides for the Indian Act and

the relationship. And of course they have the

treaties behind them, they have the Natural

Resources Transfer Agreement. So they have all of

these things in their back pocket and they're

easily identifiable.

Now, for the Métis, because of the

dispossession that took place in the late 1800s and

early 1900s, we've had to carve out a place of our

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3085

own. So we have our governing system, which works

I think quite well for us currently, and it's easy

enough.

So if in this case you want to do

consultation, I think notice must be given to the

local community councils, to the region, and to the

national or to the provincial body. And they will

work it out amongst themselves. And so it's not

that difficult. It's not difficult at all.

We have annual general meetings in each of

our provinces. There's representation from the

local level, the regional levels, and at the

provincial level. There's elections every three

years and now it will be every four years. The

Métis leadership, well, in all five governing

members is by the ballot-box system, one person one

vote, so it's very democratic.

So the trappings of government are there, and

it's simply a matter of goodwill on the parts of

governments and industry to move forward and

initiate that dialogue. You will find community

leaders, local community leaders, regional

community leaders, and the provincial leadership.

It's there. It's not hidden.

Q. Mr. Fortna, do you want to add anything as a last

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3086

word?

A. MR. FORTNA: No, I think Clem had it

covered there. It's not that hard. It's not

nearly as hard as different people are trying to

make it.

MR. PERKINS: All right, thank you,

gentlemen, those are my questions.

Thank you, Mr. Chairman.


Thank you, panel. We have no further

questions.

Any re-direct, Ms. Bishop?

MS. BISHOP: No, sir, I have no re-direct.

But I do have a few housekeeping issues. I

referred to some pages with Mr. Loutitt yesterday

on The Mark of the Métis. And I would like to

provide those pages, once I get home and I can scan

them properly, as separate exhibits, just because

they were three or four maps and I think there's

some difficulty getting that book on the record

electronically, so I just would like to take that

undertaking.

And I think I should do the same thing with

Ms. Hermansen's book because I'm not sure if that

will make its way onto the record, and I think it's

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3087

very important to my clients that it's on the

record.

THE CHAIRMAN: That will be fine.

MS. BISHOP: With respect to my other two

witnesses, I think given the fact that Shell do not

want to cross-examine on those reports and I

understood them to say they could just go in the

record as they stand, Mr. Fortna has referred to

them briefly in his submission, I think we'll just

leave it at that. So this will be the close of our

evidence.

THE CHAIRMAN: Thank you. So the panel is

excused.

(WITNESSES EXCUSED)

THE CHAIRMAN: Mr. Lambrecht, you'll need

some time to get your panel in place?

MS. BISHOP: Sorry, Mr. Chair, one last

thing. I didn't get an exhibit number for

Mr. Fortna's opening statement.

THE CHAIRMAN: 010-027.

EXHIBIT 010-027: OPENING STATEMENT OF MR. FORTNA

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3088

MR. LAMBRECHT: Yes, Mr. Dilay, five to

ten minutes to allow the witnesses to assemble and

to plug their computers into the table and just get

ready so that we can proceed expeditiously when we

reconvene.

THE CHAIRMAN: Sure, we'll take 10 minutes.

MR. LAMBRECHT: Thank you.

(A brief adjournment)

ATTORNEY GENERAL OF CANADA WITNESS PANEL, (SWORN AND/OR

AFFIRMED):

FISHERIES AND OCEANS CANADA (DFO):

BRIAN MAKOWECKI

MAREK JANOWICZ

COURT D. BERRYMAN

ENVIRONMENT CANADA (EC):

CHERYL BARANIECKI

RON BENNETT

BARRIE BONSAL

WILLIAM BOOTY

PATRICIA CHAMBERS

DAVE FOX

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3089

HEATHER MORRISON

SAMANTHA SONG

DOUG SPRY

STEPHEN VIRC

CORINNA WATT

RICHARD WIACEK

GREG BICKERTON

NATURAL RESOURCES CANADA (NRCAN):

SHELLEY BALL

KIM KASPERSKI

MIROSLAV NASTEV

BAOLIN WANG

TRANSPORT CANADA (TC):

DALE KIRKLAND

SHANNON VOLLEMA

THE CHAIRMAN: Go ahead, Mr. Lambrecht.

MR. LAMBRECHT: Mr. Chairman, I would like to

thank the court reporter for swearing or affirming

the witnesses that are assembled before you this

morning. And the staff of the counsel, Amanda

Black, for preparing the name tags. We should be

able to proceed expeditiously here from this point

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3090

forward.

MATTERS SPOKEN TO BY MR. LAMBRECHT:

MR. LAMBRECHT: On October 1st, the

Departments of Natural Resources Canada, Transport

Canada, the Department of Fisheries and Oceans and

Environment Canada, filed written evidence with the

Panel. These departments have expert or specialist

information or knowledge on scientific matters that

may be of assistance to the Panel. And these

witnesses are assembled here today to answer

questions about that evidence.

I am proposing to present them for

cross-examination and to abridge any direct

evidence except only to invite the leads of each of

the departments to introduce the witnesses that

they have assembled in their areas of expertise.

There are two preliminary matters that I

would like to address before turning the panel over

for cross-examination, however.

And the first one was the matter that you

raised with me this morning at the outset of our

proceedings.

The matter that you raised is that there are

certain media coverage that suggests that

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3091

information not included in the written evidence

filed on October 1st should come before the Panel.

And I've had a chance to inquire into the matter

and I'm about to give you some background and make

a proposal for how we could proceed in this regard.

I'd like to thank Karin Buss for making

available for me the abstract which I am about to

refer to.

So the media coverage that I have seen is a

front-page article in the Edmonton Journal. It

also exists on an online version. And it is in the

online version where Dr. Schindler is quoted as

saying that the information that is being presented

elsewhere should be presented to the Panel.

What that relates to, as I understand it, is

that there is an international meeting of the

Society of Environmental Toxicology and Chemistry,

or SETAC, occurring this week, November 11th to

15th, in Long Beach, California.

The Abstract Book associated with that

conference, lists the presentations that are made

there. I have a copy of the excerpts of the

abstract book provided to me by Ms. Buss who

indicated that she wanted to question on this. And

I would propose that we mark one of these as an

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3092

exhibit.

What it indicates is that there are a number

of presentations from Environment Canada scientists

that are listed in the abstract book as "platform

abstracts." What I understand platform abstracts

to be, and the witnesses that are here today can

explain this in more detail, are brief

presentations about fieldwork made to other

scientists for the purpose of peer review in the

scientific community in the course of the

development of scientific opinion on any given

matter.

So what this appears to be, there are a

number of these, some of which, but not all of

which, are mentioned in the newspaper coverage.

And the abstracts give a pretty good idea of the

presentation that is given. I understand that the

presentations themselves are preliminary in nature

given the fact that they really present the early

findings of initial fieldwork of studies that may

be ongoing.

What I propose, sir, is to mark the Abstract

Book as an exhibit and invite questions of the

witness panel here relating to these matters. It

seems to me that the witnesses will be able to

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3093

answer, so far as they can, about the nature of

this information and we'll see where this goes.

So that's how I propose that we proceed in

this way, sir. The Panel can receive the

information, hear from it, we can deal with issues

that may arise concerning the production of these

documents or any other witnesses as may need be as

we move forward so that the Panel can certainly

receive the information and we can assess how best

to proceed in this context, as it may arise.

THE CHAIRMAN: Sir, it sounds like a

reasonable procedure to try. So let's do that.

And should we mark the abstracts as a package?

MR. LAMBRECHT: Yes.

THE CHAIRMAN: You refer to it as a book.

Can we call it that?

MR. LAMBRECHT: It's an excerpt of what I

understand to be a more complete document, I think

it's over 100 pages in PDF format. I have four or

five of them here in paper format.

THE CHAIRMAN: Let's mark it 005-026.

EXHIBIT 005-026: EXCERPT OF A BOOK

MR. PERKINS: And, Mr. Chairman, the

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3094

Secretariat will do what it can to produce a few

copies of this and make that available, sir.

MR. LAMBRECHT: The second preliminary

matter, sir, relates to the composition of this

panel. We are producing scientists here to answer

questions about the scientific evidence that was

filed on October 1st. In e-mail communications

yesterday, I was informed that some of the counsel

representing some of the Aboriginal groups would

like to question other Federal witnesses, in

particular on issues relating to Crown

Consultation. Sir, the Crown is not going to

present these witnesses in the absence of a

direction from the Panel.

And I've invited my friends who wish to

advance these questions to raise this as a

preliminary issue, in part because one of the

witnesses identified as, one of the individuals

identified as a person of interest to be questioned

has had a family emergency in her family and will

be returning to Edmonton tomorrow.

So I have raised this with my friends. No

one's come forward by way of preliminary issue and

I clearly stated my position on the record, which

is that we are not intending to produce witnesses

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3095

to answer questions respecting Aboriginal

consultation. Firstly, we have not produced any

evidence in our written submissions in that regard.

And secondly, our position in that respect is

documented in the engagement that we had over the

Notices of Constitutional Question, which, in

short, is that the Panel is not going to assess the

adequacy of Crown Consultation here. And I do not

see how presenting a witness to answer questions on

this can go to any issue other than the assessment

of the adequacy of consultation, which the Panel

has indicated it will not engage upon.

Secondly, Aboriginal groups are able to

tender their own evidence, if they should wish,

regarding Aboriginal consultation, and I do not see

any prejudice to any of the Aboriginal parties, or

any limitation upon their ability to advance any

evidence that they may wish to this Panel at all,

from the position adopted by the Crown. So I just

wanted to state that for the record before we move

forward.

THE CHAIRMAN: Thank you, sir.

INTRODUCTION OF THE ATTORNEY GENERAL OF CANADA PANELS:

MR. LAMBRECHT: All right, now, by way of

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3096

introduction to this panel, there are four

departments, each of the departments has a lead.

And I'm going to invite each of the lead persons

from those departments to introduce themselves, the

other members of their witness group, and to

indicate that the information presented in the

evidence filed on October 1st was prepared under

their direction and control.

Perhaps I'll start with Cheryl Baraniecki

from Environment Canada.

A. MS. BARANIECKI: Good morning, Mr. Chairman,

Panel Members, Elders, Ladies and Gentlemen. My

name is Cheryl Baraniecki and I am the Regional

Director of the Environmental Protection Operations

Directorate for Environment Canada in Prairie and

Northern Region.

Our region consists of the three prairie

provinces, the Northwest Territories and Nunavit.

And for this hearing I am Environment Canada's team

leader. I am responsible for the overall

co-ordination of the Environment Canada expert

witnesses and will be able to speak to the broad

mandate roles and responsibilities of the

department. And I can confirm that this submission

was prepared under my direction.

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3097

We are here today to respond to questions

regarding Environment Canada's submission and to

provide information to the Panel to assist them in

their determination on the merits of this Project.

It is now my pleasure to introduce

Environment Canada's expert panel, and I will ask

each member to stand up and indicate themselves

during their introduction as I know we do have a

number of people here.

So to my far left is Dr. Samantha Song. She

is the head of the Population Assessment Unit from

Edmonton. And Dr. Song is here to answer questions

on non-game migratory birds with respect to the

wildlife section of our submission, and on the

terrestrial biodiversity and habitat disturbance

component of the Integrated Oilsands Biodiversity

Monitoring Program.

Seated to her right is Mr. Richard Wiacek,

Senior Environmental Assessment Officer from

Edmonton. Mr. Wiacek is here to answer technical

questions on species at risk and migratory birds

with respect to the wildlife section of our

submission.

And seated immediately to my left is

Mr. Stephen Virc, the Acting Manager of the

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3098

National Recovery Projects from Ottawa. And

Mr. Virc is here to answer questions on boreal

woodland caribou and recovery strategy.

I should mention that there was an additional

CV that was filed on the wildlife issues within our

package. And that's from Mr. Ron Bennett.

Unfortunately he is ill this week and not available

and is not appearing as a witness.

And seated to my right is Dr. Patricia

Chambers. She's a research scientist from

Burlington and Dr. Chambers is here to answer

questions on the technical aspects of the aquatic

component of the Joint Canada-Alberta Oil Sands

Monitoring Program, and on the overall surface

water quality particularly for inorganic

constituents with respect to the water quality

section of our submission.

And I guess moving to the rear, is

Dr. William Booty, Section Head of the Integrated

Modelling in the National Water Research Institute

from Burlington. And Dr. Booty is here to answer

questions on water quality modelling with respect

to the water quality section of our submission.

And immediately to his left is Dr. Barrie

Bonsal, research scientist at the National

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3099

Hydrology Research Centre from Saskatoon.

Dr. Bonsal is here to answer questions on the

climate change modelling aspects with respect to

the water quality section of our submission.

And immediately behind me is Dr. Doug Spry,

Manager of the National Guidelines and Standards

office from Ottawa. Dr. Spry is here to answer

questions on Chronic Effects Benchmarks, the

exceedances of Chronic Effects Benchmarks, the

mixtures of chemicals, and on aquatic toxicology in

general, with respect to the water quality section

of our submission.

And to his left is Mr. Greg Bickerton, Senior

Hydro Geologist with the National Water Research

Institute from Burlington. And Mr. Bickerton is

here to answer questions on groundwater aspects of

the Joint Canada-Alberta Oil Sands Monitoring

Program.

And with our air team, seated to the left of

Mr. Bickerton is Dr. Heather Morrison, Manager of

the Air Quality Research Division from Downsview.

And Dr. Morrison is here to answer questions with

respect to the air component of the Joint

Canada-Alberta Integrated Oilsands Monitoring Plan.

And seated to her left is Ms. Corrina Watt,

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3100

an air pollution analyst from Edmonton. Ms. Watt

is also here to answer technical air quality

questions with respect to our submission.

And finally, is Mr. David Fox. David Fox is

an air pollution management analyst from

Yellowknife. And Mr. Fox is here to answer

technical air quality questions with respect to our

submission.

Now, I should point out that while we do have

12 experts here today, our submission has benefited

from the experts from several of the other offices

and research facilities from across the country.

And Environment Canada provides again this evidence

and advice to the Panel regarding the potential

impacts of the Project. And I would like to thank

the Panel for providing Environment Canada with the

opportunity to speak to today's proceedings and we

will be very happy to address any questions you may

have on our submission.

Thank you.

MR. LAMBRECHT: Next is Shelley Ball from

Natural Resources Canada.

MR. BALL: Good morning, Mr. Chairman,

Members of the Panel, Chiefs, Elders, officials of

Shell Canada, Ladies and Gentlemen, my name is

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3101

Dr. Shelley Ball and I'm a Senior Environmental

Assessment Officer with Natural Resources Canada

from the Environmental Assessment Division with

Natural Resources Canada or NRCan for short.

For this Jackpine Mine Expansion Project

Review Panel Environmental Assessment, I was

responsible for coordinating and assembling NRCan's

review of the environmental impact application and

supplemental information as well as coordinating

NRCan's participation in the Panel hearing process.

So today we have three scientists here from

NRCan to answer questions regarding NRCan's written

evidence, and I'll ask each of our members to stand

up so they can be identified.

To my right here is Dr. Miroslav Nastev, he's

from the Geological Survey of Canada and is an

expert in hydrogeology. Dr. Nastev will be

available to speak to NRCan's evidence regarding

groundwater quantity.

Next is Dr. Wang behind me to my right.

Dr. Wang is also from the Geological Survey of

Canada and is a geotechnical research scientist.

He will be available to speak to evidence regarding

slope stability of mine pit and waste disposal

facilities.

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3102

And finally, behind me and to my left is

Dr. Kim Kasperski. Dr. Kasperski is from NRCan's

CanmetENERGY lab in Devon, Alberta. She's an

expert in the area of oil sands tailings management

and process water chemistry. Dr. Kasperski will be

available to speak to evidence regarding tailings

management, process water chemistry, and VOCs or

Volatile Organic Compounds estimates from tailings

ponds.

And that's the team from NRCan, thank you.

Next is Brian Makowecki from the Department

of Fisheries and Oceans.

A. MR. MAKOWECKI: Good morning, Panel, Elders,

Ladies and Gentlemen. My name is Brian Makowecki.

I'm a District Manager for Fisheries and Oceans

Canada in Northern Alberta. Fisheries and Oceans

Canada's submission was prepared under my direction

and supervision.

Seated to my right is Mr Marek Janowicz.

Mr. Janowicz is the Technical Lead for Fisheries

and Oceans Canada's review of this Project. He's a

senior environmental assessment analyst.

Seated behind me at the end of the second row

is Mr. Court Berryman. Mr. Berryman is a senior

environmental assessment analyst and assisted in

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3103

the review of this Project.

We are prepared to answer questions related

to DFO's submission on this file.

Thank you.

Q. And finally Dale Kirkland from Transport Canada.

A. MR. KIRKLAND: Good morning, Mr. Chairman,

Mr. Bolton, Mr. Cooke, Elders, Ladies and

Gentlemen.

My name is Dale Kirkland and I'm the Regional

Manager of Environmental Services for Transport

Canada in Prairie and Northern Region.

Seated to my immediate right is Shannon

Vollema, Regional Officer of the Navigable Waters

Protection Program in Transport Canada Prairie and

Northern Region as well.

I can further advise that Transport Canada's

submission to these proceedings was prepared under

my direction and supervision.

We will be happy to address any questions you

may have on our submission.

Thank you.

Q. Ms. Ball, was the Natural Resources Canada evidence

filed on October 1st prepared under your

supervision and control?

A. MS. BALL: Yes, it was.

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3104

Q. And Ms. Baraniecki, was the Environment Canada

evidence filed on October 1st prepared under your

supervision and control?

A. MS. BARANIECKI: That's correct.

MR. LAMBRECHT: Mr. Dilay, I'm prepared to

turn the panel over for questions now.

THE CHAIRMAN: Thank you, sir.

Ms. Buss?

MS. BUSS: I believe my colleague

will be questioning.

THE CHAIRMAN: Ms. Gorrie.

CROSS-EXAMINATION OF THE ATTORNEY GENERAL OF CANADA

PANEL, BY OSEC, BY MS. GORRIE:

MS. GORRIE: Good morning, Mr. Dilay. We would

just ask that we have a minute to get ready and

prepare here.

THE CHAIRMAN: Sure.

MS. GORRIE: Hi, Mr. Chairman. I'm just

cognizant of the time. It's a quarter to 12:00. I

was just wondering when would be an appropriate

time to break for lunch?

THE CHAIRMAN: Well, I think we have some

flexibility, so if you find a natural break in your

lines, 12:00 or 12:15, in that order of things,

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3105

that would be good.

MS. GORRIE: That sounds good, thank you.

Q. Good morning, panel. My name is Melissa Gorrie and

I'm with the Oil Sands Environmental Coalition

along with my co-counsel, Karin Buss. I will be

asking questions relating to terrestrial impacts

and climate change. And then she'll be asking on

the other areas that you raised in your October 1st

submission.

So first off, I'll ask a general question,

but have members of panel reviewed EIAs that have

been prepared for other oil sands projects on the

issue of wildlife?

A. MR. WIACEK: Yes, I have.

Q. And are you familiar with the Kearl EIA 2005?

A. Yes, I am, in a general sense. I was not involved

in the review of that project, though.

Q. I have with me just an excerpt from the Kearl oil

sands EIA, but it's not an exhibit at the moment,

but I would like to pass it out. Now, Mr. Wiacek,

am I pronouncing that correctly?

A. That's correct.

Q. Okay, good. I just had a quick question about this

EIA. If I could ask you to turn to page 5-71.

A. Okay.

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3106

Q. And you'll note here that it says, it's underneath

this nice little table, it says, "For Project Case

(2041)", and it just says there that:

"... a significant reduction

of 4,256 HUs", which is

"(25.5 percent), is predicted for

moose winter habitat, with the

majority of this reduction in

moderate quality habitat."

That's correct?

A. That's correct.

Q. That's what it says.

And then if I could ask you to turn to

page 5-74, which would be the next page in your

copy. And again under the table, is it correct

that it states there:

"For Project Case (2041), a

significant reduction of 2,612 HUs,

(-20.5 percent), is predicted for

black bear fall habitat, with the

majority of this reduction in

moderate- and low-quality habitat."

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3107

Is that correct?

A. That's correct.

Q. Thank you. And then just one last final question.

Page 5-77. And the paragraph above that table,

again, it starts:

"For Project Case (2041), a

significant reduction of 5,221 HUs,

(-25.8 percent) of snowshoe hare

winter habitat is predicted."

Correct?

A. Correct.

MS. GORRIE: Those are all my questions on

this document. I suggest that it be marked as an

exhibit.


EXHIBIT 017-039: DOCUMENT ENTITLED SECTION:

LAND OVERVIEW, SUBSECTION 1.0: INTRODUCTION

MR. LAMBRECHT: Sir, I'm not sure how this is

at all relevant. I'm not sure how this is at all

relevant to the proceedings. I've given my friend

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3108

some latitude, but I thought after reading what the

document says into the record, she might actually

ask some questions to show how this relates to the

Shell Jackpine Mine Expansion Project which this

Panel is considering, and I would invite her to do

so.

MS. GORRIE: I would submit that it is

relevant because we're talking about significant

impacts and I wanted to raise the issue of what has

been done in past EIAs in terms of assessing

significant impacts.

Q. And to follow up on that, my question would be: So

then your understanding is that in this case,

anything below 20 percent loss of habitat was

considered significant; would that be correct,

Mr. Wiacek?

A. It's very difficult for me to actually comment on

that, having not seen how significance was defined

in the Environmental Assessment, so I'm afraid I

can't make any comments.

Q. Well, it speaks of significant reduction in habitat

units, HUs, that's correct, is that what HU stands

for?

A. HUs is habitat units, so it's a measurement that

equates to the amount of habitat multiplied by the

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3109

quality of habitat, I believe, so it's a different

measure that was actually used in the Shell

Jackpine Project. So it's very difficult to

actually equate this information to what's being

done in the Shell Jackpine Project.

Q. And then I would just ask that you could confirm

that in this EIA, they considered impacts to

moderate and low quality habitat as part of their

assessment, correct, not just high quality?

A. Well, again, that's what they state in these

sentences, but having not reviewed their assessment

criteria, I can't comment on that any further.

Q. Okay. Fair enough.

THE CHAIRMAN: Ms. Gorrie, apparently the

number should be 039.

MS. GORRIE: 039.

Q. Now, Shell cites a couple of articles, in

particular Swift and Hannon 2010, and that's et al

2007, in support of the concept of critical

thresholds with that threshold being reached at 70

to 90 percent habitat loss.

Now, a critical threshold is a threshold that

if exceeded would likely lead to drastic declines

and potential extinction of a species; isn't that

correct?

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3110

MR. LAMBRECHT: I hate to interrupt my friend

in the flow of her questioning, but it might be

helpful if she at least pinpointed where this

information that she cites to Shell's EIA is

located.

MS. GORRIE: Sure. I can do that.

Q. They refer to Betts and Swift and Hannon in their

May 2012 SIR. And that's Exhibit 001-051E. And at

page 3-23 it's the second-last paragraph.

A. MS. BARANIECKI: I'll just take a moment to

pull that up.

Q. I have a copy with me if that would be more

efficient?

A. MR. WIACEK: That would be more helpful.

Q. So I won't read out the paragraph. Obviously you

can orientate yourself to what I'm referring to.

It's the paragraph that starts "While thresholds

have not been defined at this time...".

A. I'm familiar with this paragraph.

Q. Okay. And you're familiar with the studies that

are cited, the Betts and Swift and Hannon?

A. That's correct.

Q. So to get back to my original question about

critical thresholds. So is it correct that a

threshold that if exceeded would likely lead to

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3111

drastic declines and the potential extinction of a

species?

A. I'll start off answering this question and then

I'll pass it on to Dr. Samantha Song to add some of

her thoughts to it.

Critical threshold is essentially, in the

literature, is defined as a change in the

population in a population trajectory. For

example, you could have a population that's

decreasing and at some point of habitat loss, for

example we call it a break point, that rate of

decline will increase and the species may head

towards extirpation at a quicker rate.

Now, from EC's perspective, we need to be

extremely cautious in terms of how we use these

critical thresholds, and there's a number of

reasons for that.

One, these critical thresholds may not occur

in all species.

Two, critical thresholds may vary between

species. And they may vary actually within a

species, depending on the study area.

Three, critical thresholds can vary depending

on the scale of the study and also the landscape

that the study is done in.

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3112

And critical thresholds can also vary with

the type of analysis that's done. So physical

analysis that's done.

So there's a lot of uncertainty in terms of

what the actual critical thresholds are for species

and whether or not they do exist for some species.

And there's some studies that have shown

thresholds that are much higher, for example 20 to

40 percent habitat loss that may cause a change in

a population trajectory.

So there's a lot of uncertainty around

thresholds, so we would caution the Panel in terms

of how they use those thresholds.

Q. And you mentioned uncertainty with respect to the

issue of critical thresholds. Would you agree that

using such a threshold is not precautionary?

A. That's correct.

Q. Now, you'd agree that one of the goals of the

Canadian Environmental Assessment assessment

process is to ensure that renewable resources like

wildlife are secure for future generations, would

you not?

A. Yes, I would agree to that.

Q. And you'd agree that one of the purposes of CEAA's

assessment or, sorry, Canadian Environmental

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3113

Assessment Act assessments is to identify impacts

so that they can be avoided?

A. The purpose of CEAA is to identify the significance

of effects and to apply appropriate mitigation to

ensure there are not significant adverse effects.

Q. It's also -- part of its purpose is to protect the

environment from significant adverse effects, are

they not, is it not? And I can refer you to

Section 4 sub (a) of the Act.

MR. LAMBRECHT: Well, I am going to object.

I mean, the purposes of the statute set out in the

purposes section of the statute, are the purposes

of the statute stated therein. And you can read

the statute and everybody can see it. To ask a

witness to adopt those as fact is really not of any

value to the Panel. And I suggest to my friend

that she move to the point of the questioning

rather than get entangled in these preliminaries

which really won't give the Panel any additional

evidence of value.

MS. GORRIE: Well, my point simply is the

discussion of what is required in assessments,

which is the topic at hand here, is what is

involved in assessing a project. And as CEAA is

one of the governing pieces of legislation, it was

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3114

just a question about assessments under that Act.

And I thought it was a simple question.

Q. It's just whether assessments are intended to

protect the environment from significant adverse

effects? My simple question.

A. MS. BARANIECKI: So, yes, that is correct. It

is outlined under Section 4 of the Act. It states

the various purposes of the Act.

Q. Okay, thank you. So given that the assessments are

intended to protect the environment, including

wildlife, would it not be fair to say that it needs

to then protect wildlife from heading to the brink

of extirpation or extreme population declines?

A. We just need a moment to confer here, please.

So just to answer that, I mean, generally the

principles of purposes, they are outlined again

under Section 4 of the Canadian Environmental

Assessment Act. And it describes the various

purposes of the Act in a, you know, a general

high-level context.

It also, under Section 5, describes the

environmental effects that are assessed. And, for

instance, it does reference migratory birds and

species at risk. And I'm not going to go through

the Act here. I'm assuming that's satisfactory.

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3115

But also, there's other legislation such as

the Species at Risk Act that is very specific to

managing those issues and addressing those issues.

Q. You mentioned the Species at Risk Act and I would

like to touch on that a bit more later, but just to

follow up while we're on this question.

Would you agree that the Species at Risk Act

then would have an intent to protect wildlife from

the brink of extinction or extreme population

declines?

A. That is the Act's stated objective, yes.

Q. Thank you.

MS. GORRIE: Mr. Chairman, I have one

further line of questioning that I think should be

quite brief, so I'll go through that and then

suggest a break for lunch.

THE CHAIRMAN: Sure.

MS. GORRIE: Okay.

Q. I have a few questions for Dr. Song. You were a

panel witness at the Total Joslyn mine hearing;

correct?

A. MS. SONG: Yes, that's correct.

Q. Now, during that hearing you acknowledged that the

Terrestrial Ecological Management Framework or TEMF

was a valuable tool, did you not?

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3116

A. Yes.

Q. And you also stated that it is a sound framework

for moving forward?

A. I think it's a good starting point, yes.

Q. And during the Total hearing, you also indicated

that you had some concerns about setting the

management trigger at 10 percent below the Natural

Range of Variation, in particular that by setting

the bound 10 percent below, you were delaying the

management response; is that correct?

A. Yes. I mean, the Natural Range of Variation, using

that as a tool, the idea is when you don't know

exactly what the thresholds are for a population or

a series of populations, that we can look back in

the history of how those species have responded to

the various stressors in their environment. And so

we use those bounds as kind of our best guess at

what stresses, future stresses they can withstand.

So the idea is that you maintain that

population within that range and you maintain the

amplitude. And as soon as it gets down to the

bottom, you're like, okay, this population may be

in trouble. And there's a trigger and you start to

look at your actions. And in some cases before you

get to that point.

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3117

Q. So would you agree that it can be risky to delay

taking management actions until a species is below

it's 10 percent Natural Range of Variation?

A. Yes, that was the concern that we expressed in

response to the TEMF.

Q. And it would be risky in terms of preserving viable

population levels?

A. It's a risk, yes.

Q. And then back to your submissions at the Total

hearing. You stated that when dealing with species

at risk the risk tolerance is very, very low, did

you not? And I can take you to the piece if you

need.

A. Yes, I'm sorry, I don't recall whether that was my

colleague or myself, but it's quite possible I said

that. It sounds very logical.

Q. You already have the transcript excerpt. It's the

second-last page in the pamphlet. So it's

page 2207. It's the second page of that. It kind

of flows on to another. And it starts at line 20:

"Yes, I would agree that given these are dynamic

populations...".

A. Yes.

Q. Have you found that?

A. Yes.

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3118

Q. Okay. So it's just this paragraph here, it says:

"Yes, I would agree that

given these are dynamic

populations, but being reminded

there's a caveat related to species

at risk where our risk tolerance is

just very, very low."

A. Yes.

Q. Okay. And, Mr. Chairman, I have multiple copies of

this. I'm sorry I didn't pass it out beforehand.

I can pass out copies or I can just ask to mark

this as an exhibit.

MR. LAMBRECHT: The witness has adopted the

evidence. I'm not sure that I understand why the

document would be tendered as an exhibit. It was

used as an aide-memoire to remind the witness of

prior testimony in order to assist in eliciting an

opinion in respect of that matter on this Project.

I have no objection. But I don't see the utility

in it.

MS. GORRIE: Fair enough.

THE CHAIRMAN: We have been marking aids to

cross-examination for identification. So I'll mark

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3119

this one 017-040.

EXHIBIT 017-040: EXCERPT OF EVIDENCE FROM JOSLYN

NORTH MINE PROJECT, OCTOBER 7, 2010 TRANSCRIPT

Q. MS. GORRIE: So talking about the species

at risk, for those species, would you agree that

you need to be very conservative or precautionary

when assessing risk or determining impacts to them?

A. MR. WIACEK: That's correct.

Q. And for those species, even a small amount of

habitat loss could result in significant impacts;

is that correct?

A. The determination of significance is the Panel's

responsibility, so we can't comment on whether or

not it would be significant. What I'd like to

mention, though, is under SARA Section 79-2,

there's a requirement to avoid and lessen effects

on species at risk. And we have identified that in

our submission.

Q. You're actually getting ahead of me. I have some

questions on that later on. Thank you.

You mentioned it's the Panel's duty to

determine significance for this Project. In your

professional opinion, though, could even a small

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3120

amount of habitat loss result in significant

impacts?

A. Well, you'd have to be specific about the species,

so what species are you referring to?

Q. Species at risk in general. And I said not for all

species, but that it could result in significant

impacts for some species at risk, is that a fair?

A. Depending on the species, it could. Again, our

objective is to avoid and lessen effects on species

at risk.

Q. Okay, thank you.

MS. GORRIE: Mr. Chairman, I think it

probably makes sense, if it's all right with you,

to take a lunch break now.

THE CHAIRMAN: It would. And we'll resume

at 1:10 p.m.

(The Luncheon Adjournment)

(Proceedings adjourned at 12:10 p.m.)

(Proceedings reconvened at 1:10 p.m.)

SCHEDULING MATTERS SPOKEN TO:

THE CHAIRMAN: Good afternoon, everyone. I

just want to speak briefly to the schedule.

On Friday, we have a constraint such that we

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3121

can only sit until 1:00 p.m. and we'll do that

without a lunch break; we'll just carry on through

until 1:00 p.m. with suitable breaks for the

reporter.

And on our best estimates, and subject to

finishing the evidence, we plan to have final

argument commence on Wednesday of next week in

Edmonton. You recall in my opening remarks I

talked about the fact that we didn't have a venue

here in Fort McMurray and we have arranged for a

venue in Edmonton. And I don't know if I can add

to that detail. We'll take a reading later on this

afternoon about as to where we are with Canada's

panel and determine if we need to sit this evening.

And, of course, that would need to be with the

agreement of the parties.

So are there any questions about that?

MR. LAMBRECHT: Is there any flexibility in

the Wednesday date, sir, that it could be moved up

to Tuesday or Monday? I have another regulatory

hearing that I need to attend I believe beginning

on the Thursday or the Friday, the 22nd or 23rd.

And while I could do Wednesday, it would facilitate

my travel if we could hear final argument a day

earlier, even. If there's no flexibility, I

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3122

understand that there might be some constraint in

that.

THE CHAIRMAN: Well, there is flexibility,

sir. We thought of Wednesday because it would give

parties that much more time to prepare.

MR. LAMBRECHT: Indeed.

THE CHAIRMAN: The panel itself is prepared

to commence final argument on the Tuesday.

MR. LAMBRECHT: All right, I'll speak with my

friends and see if any accommodations can be

reached.


MR. DENSTEDT: Mr. Chairman, just for the

information for Panel, we will have a very small

rebuttal panel, it shouldn't be more than

60 minutes is my guess. And it's limited to a few

issues. And in respect of final argument, Tuesday

would be useful for us as well because we have a

dramatic loss of support starting Wednesday.

THE CHAIRMAN: That's helpful.

Mr. Perkins?

MR. PERKINS: Mr. Chairman, I know

Mr. Lambrecht indicated he would talk to other

counsel, and maybe in the discussion another matter

he could canvass is some time ago, so obviously on

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3123

a very preliminary basis, there was a suggestion

from the collective of counsel that argument may be

a two-day affair, and so if people have constraints

later in the week, I think that should probably be

addressed as well.

THE CHAIRMAN: And thanks for that,

Mr. Perkins. We were factoring into that the

earlier remarks from counsel that we're probably

looking at something in the range of two days.

Well, we'll leave it at that for now and

we'll see if there are other comments later.

Would you like to continue, Mr. Lambrecht?

Sorry, Ms. Gorrie. I beg your pardon.


PANEL, BY OSEC, BY MS. GORRIE (CONTINUING):

Q. MS. GORRIE: So continuing on from this

morning, I'm going to be making some references to

your October 1st submission which was the

Exhibit 005-020. In your October 1st submission,

you state that:

"... reclamation has several

limitations that reduce its

effectiveness in mitigating the

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3124

JPME Project effects on species at

risk and migratory bird habitat."

And my question to the panel is what are

those limitations?

A. MR. WIACEK: Those limitations are clearly

outlined in our submission. As acknowledged by

Shell, reclamation of peatlands is not currently

possible in the Oil Sands Region. So there may be

a permanent loss of habitat for peatland-dependent

species or species that use peatland habitats.

Another issue with reclamation is that for

upland habitats, it will take a considerable time

for old-growth habitats to reclaim and possibly be

functional for a number of species at risk and

migratory birds, so there's certainly a long time

lag for reclamation to occur for those species.

And there's also a great deal of uncertainty

regarding reclamation in terms of whether or not

certain species, including species at risk, will

recolonize some of those habitats in the long-term;

right now, we don't have any evidence to suggest

that that will occur.

There are some, there is some evidence that

reclaimed habitats are on a different trajectory,

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3125

particularly reclamation on tailings sand, that

they may move towards novel ecosystems or ecosite

phases which we have no information on yet.

So there's a great deal of uncertainty in

terms of how successful reclamation will be in the

long-term.

Now, we certainly do recognize that

reclamation is important in terms of maintaining or

creating some sort of habitat on the landscape, but

in terms of how functional it will be is still to

be determined.

Q. Now, in your submissions, you state that:

"Shell Canada predicts

continued negative and high

magnitude effects and subsequent

high environmental consequence,

within the LSA for a number of

species at risk, as well as the

Black-throated Green Warbler,

following reclamation."

And my question to the panel, and perhaps

Mr. Wiacek would be the one to answer this it

seems, but is your professional opinion that the

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3126

impacts on those species in the LSA are significant

even after mitigation is applied?

A. I certainly agree that the effects have a high

negative environmental consequence in the Local

Study Area in terms of whether they are

significant, that's up to the Panel to determine.

But the effects certainly are negative and of high

magnitude in the Local Study Area.

Q. And you'd agree that mining the LSA is incompatible

with preserving habitat for species at risk?

A. Mining the area will remove habitat for species at

risk and it is uncertain whether that habitat will

be reclaimed.

Q. Now, it's my understanding that one of the reasons

that the species are species at risk is that they

are already limited, their habitat is already

limited within Canada and particularly often within

north-eastern Alberta; is that fair to say?

A. In general, that would be fair to say. Species at

risk are affected by a number of threats across

their range, including on the breeding grounds as

well as the migration routes and on their wintering

grounds. So there's a variety of threats that are

affecting species at risk.

Q. And loss of habitat would be one of them?

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3127

A. Certainly loss of habitat would be one of them,

yes.

Q. And, again, from your submission, it's page 22,

I'll read it out. If you afterwards feel the need

to look at it, that's fine. But you just state:

"Because peatlands cannot be

reclaimed or will be limited in

extent, the reclaimed landscape

will shift from a lowland dominated

ecosystem prior to development to

an upland dominated ecosystem

following closure, resulting in a

shift in the wildlife community."

And my question is about that last part, what

do you mean by "a shift in the wildlife community"?

A. The wildlife community in the reclaimed landscape

will be dominated by species that use upland

habitats as opposed to lowland habitats, so you'll

have a shift in the community of species that occur

within the project footprint area.

Q. So does that mean that the reclaimed landscape

won't provide suitable habitat for species that it

once did?

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3128

A. That's correct, particularly for species that use

peatland habitats and wetland habitats in general.

There'll be considerably less wetland habitat on

the lease area following reclamation.

Q. In the same area there, you then go on to say that:

"In addition to this shift...", referring to the

wildlife community shift:

"... the upland vegetation

community..."

"... have relatively low

biodiversity potential and support

relatively few migratory bird

species."

Could I ask you just to elaborate on what you

mean by that in reference to the low biodiversity

potential?

A. That's in reference to some of the analysis that

Shell has done. They've evaluated biodiversity

potential for each of the ecosite phases. And the

dominant ecosite phases on the reclaimed landscape,

according to the tables and analysis that Shell has

provided, are black spruce and jackpine habitats.

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3129

And according to Shell's analysis, they have low

biodiversity potential and considerably much lower

than the wetland habitats that were there

previously.

Q. So would it be fair to say that the reclaimed

landscape will support a lower level of

biodiversity comparative to pre-development

landscape?

A. I think that's fair to say. The shift in the

landscape and the dominance of the black spruce and

jackpine habitats, which have generally a much

lower biodiversity.

Q. And Canada's a signatory to the 1992 United Nations

Convention on Biological Diversity; is that right?

A. I believe so. Unfortunately Ron Bennett, who was

to be answering those questions, isn't here today,

but to my knowledge, that's correct.

Q. So is there anyone else on the panel that's able to

speak to Canada's commitments?

A. MS. BARANIECKI: We may have to undertake,

but.

Q. Well, we'll see how it goes.

A. Okay.

Q. And so signatories to that convention affirmed that

States are responsible for conserving their

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3130

biological diversity and using their biological

resources in a sustainable manner. Is that

correct?

A. I think subject to check, we'd have to verify that

document.

Q. Okay, sure. Fair enough. And the federal species

at risk was enacted in part to satisfy Canada's

obligations under that convention, was it not?

MR. LAMBRECHT: Just before we go on, I would

like to adopt a technique that was used by

Mr. Denstedt during examination of the Shell panel,

and that is to make sure that I understand if an

undertaking has been given, before we move on in

the examination so that it's clear on the

transcript and the record, that this is so. I

heard a witness just a moment ago say "subject to

checking" and I didn't hear the word "undertaking,"

and so I didn't want to leave it vague or embark

upon this line of questioning without at least

seeking clarification as to whether it's my

friend's intent to request an undertaking or to

proceed on and request undertakings in future, if

need be.

MS. GORRIE: I think it was subject to

check. So I was happy to leave it at that.

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3131

MR. LAMBRECHT: Does that mean in your view

that there's an undertaking to check?

MS. GORRIE: My understanding is that

Ms. Baraniecki would accept that to be the answer,

except if she were to go back and check and find

that that is not in fact correct, then she could

come back.

MR. LAMBRECHT: So on re-examination, if it's

not already done, I'll just sweep up all of these

subject to checks to make sure that that loop is

closed. Thank you.


MS. GORRIE: Sorry, and I'll repeat my

last question for you.

Q. The Federal Species at Risk was enacted in part to

satisfy Canada's obligations under that convention,

was it not?

A. Sorry, I do not know the answer to that question.

Q. Okay. I guess -- could I ask for an undertaking,

then, to confirm whether that is, in fact, the

case?

A. Certainly. We can do that.

MR. LAMBRECHT: And for clarity, could you

just confirm what it is again that you would like

to have confirmed.

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3132

MS. GORRIE: To confirm that the Federal

Species at Risk Act was enacted in part to satisfy

Canada's obligations under the UN Convention on

Biological Diversity.

A. I think this will be a quick response, because we

actually did just verify with the text of the Act

here in front of you.

Q. So you can verify that's correct for me?

A. Yes, it's in the preamble of the Act.

Q. I guess we don't need that undertaking. Thank you

for that quick check.

So in fact the preamble to the Species at

Risk Act, you said you have it before you right

now, states that the Government of Canada is

committed to conserving biological diversity;

correct?

A. That's correct.

Q. Now, referring to your submissions, maybe it's best

if I actually take you to that page just so that

you're clear. It's page 23.

A. MR. WIACEK: Okay.

Q. It says:

"... additional measures are

required to mitigate the permanent

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3133

or long-term effects of the JPME

Project on habitat loss for species

at risk and migratory birds."

And so my question about this provision here

is, and it's probably again for Mr. Wiacek, is it

your professional opinion that the mitigation

proffered by Shell will be insufficient to mitigate

the permanent or long-term effects of the Project

on species at risk and migratory birds?

A. Those are our conclusions within our submission.

There's insufficient mitigation to avoid and lessen

effects on species at risk and therefore our

recommendation is for additional mitigation. That

follows a mitigation hierarchy. Our preference is

definitely avoidance of effects first, followed by

minimization of effects.

Q. Okay. Now, on the topic of mitigation measures to

mitigate loss of habitat. Now, Environment Canada

recently created an operational framework for the

use of conservation allowances; correct?

A. MS. BARANIECKI: Yes, that is correct.

Q. Could you explain what is meant by "conservation

allowance"?

A. MR. WIACEK: A conservation allowance is

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3134

it's similar to the term "conservation offset," so

it is, for example, it could be a parcel of land

that's identified that has equal or greater value

to the area that is disturbed and is put aside as a

conservation allowance or a conservation offset.

Q. And so you'd agree that offsets can be an important

part of mitigating terrestrial impacts?

A. Conservation allowances are a tool within the

mitigation hierarchy. Again, our preference is for

avoidance and minimization of effects. And

conservation allowances could be considered as a

last resort, but certainly our preference is for

avoidance and minimization of effects.

Q. So in terms of using allowances or offsets, I'll

use the term interchangeably, would you agree that

in terms -- so I understand you want to avoid or

minimize effects, but if it's known that a project

is going to cause effects would you agree that

offsets would be particularly relevant or important

when dealing with impacts that are long-term such

as loss of old-growth forest, or in cases where

it's irreversible loss such as the loss of

peatlands?

A. MS. BARANIECKI: So, yes, that's correct. The

conservation allowance is, as Mr. Wiacek had

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3135

stated, it is another tool in that toolbox, if you

will, for mitigation. So it is something that

could be considered to enable the mitigation for

any residual losses of habitat.

Q. It could be considered but would you agree that it

would be particularly important or relevant in

cases when you're dealing with long-term or

irreversible loss?

A. Again, these are the considerations you have to

look at each case by case, and determine whether or

not the allowance would be an appropriate tool or

an appropriate mechanism for that type of

mitigation. But it is one of the options that's

available.

Q. Okay, so, for example, if you're talking about loss

of peatlands, maybe Mr. Wiacek could answer me,

talking about loss of peatlands which is currently

irreversible loss we can't reclaim, would offsets

not be a particularly important aspect of

mitigation in that case?

A. They certainly could be considered. Of course

there's a number of criteria that would have to be

evaluated when looking at an offset in terms of

location, the equivalency, and so forth. So there

are definitely a number of criteria that have to be

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3136

considered. And again, in terms of, for example,

loss of peatlands, our preference is to look at

other options first, whether the effects can be

avoided. For example, the drawdown effects on the

lenticular fen, which is a very unique fen within

the Regional Study Area. Shell indicates that

that's the only example of that fen within their

Regional Study Area. It has high biodiversity

value. It may support a number of species at risk.

There's a number of rare plants that occur on that

site. And Shell has identified it as a special

plant community and it's been identified as a

special plant community in other environmental

assessments, in particularly the Kearl

Environmental Assessment.

So we would first prefer that other measures

be used to mitigate effects on important habitats.

Q. And I understand that. But in this particular

case, we know that there's going to be significant

loss of wetlands, peatlands, particularly in the

LSA, and also there'll be some loss within the RSA

of peatlands, that's the plan, that's what Shell

has put forward. So in this case where you know

there's going to be loss of peatlands, would you

not agree that using offsets would be a

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3137

particularly important or valuable tool for

mitigation?

A. MS. BARANIECKI: So, Mr. Chairman, just to

confirm. So I think what we're saying here, as

outlined within recommendation number 1, based on

our submission and based on the evidence provided

within the analysis, that there are a number of

tools that are available. So, again, the

conservation allowance is certainly one tool that

could be considered and could be suitable within

that suite.

Q. Okay. Now, would you agree that this is an

appropriate project for conservation offsets? I

know you said that there's a bunch of tools in the

toolbox, but is this Project, in particular, would

it be appropriate to use conservation offsets?

A. I would agree that's what we're saying within our

recommendation that that would be an appropriate

tool that could be considered.

Q. And in order for those offsets to be effective,

would you agree that they should be within the

Regional Municipality of Wood Buffalo?

A. I think at this point, that's where referring back

to the operational framework would then provide

that guidance. So If Shell were to consider the

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3138

use of a conservation allowance, the operational

framework then provides that guidance of those

elements that could be considered and obviously the

location is one of the items that's indicated. I

mean, for the effectiveness of a conservation

allowance, it needs to be, you know, relative to

the habitat that we're trying to look at.

Q. So would that be "yes," then?

A. Yes.

Q. And I also note, speaking about the document, the

Conservation Allowance Framework, on page 8, you

state that conservation allowance could:

"... be a condition within a

Decision Statement issued under

CEAA 2012."

Would you recommend as Environment Canada or

as the Government of Canada that this Project be a

case where a condition is placed within the

Decision Statement for the use of conservation

allowances?

A. So at this point in time, it would be very

premature to even speculate on that point. The

purpose of our evidence and our testimony here,

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3139

Panel Members, is to provide you with this

information. And at this point, it would be

premature to comment on and speculate what would be

in the Decision Statement issued by the Government

of Canada, as obviously we would first need to see

the report and recommendations from the Panel.

Q. But Environment Canada can make recommendations to

the Panel; correct?

A. Yes, Environment Canada has made a number of

recommendations throughout our submission.

Q. But you're saying it's premature to make a

recommendation in relation to offsets?

A. It's premature to make a recommend at this point in

time with respect to what may or may not be in the

Decision Statement, because that follows up after

the JRP has issued their report.

Q. Okay. Now turning to the issue of migratory birds.

And again this is a general question to the panel.

Would it be fair to say that Environment Canada is

concerned that the Project could cause impacts on

migratory bird species?

A. I think Dr. Song will be answering that.

A. MS. SONG: Yes.

Q. And there's currently no process available that you

are aware of that can completely prevent impacts to

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3140

migratory birds caused by tailings ponds or

process-affected water during severe weather, is

there?

A. MR. WIACEK: There have been a number of

incidents of migratory birds landing in tailings

ponds during adverse weather conditions. So there

are certainly deficiencies with, or limitations

with the deterrent systems at those times.

Q. So then I'll just ask again. So then you're not

aware of any process that can completely prevent

impacts in those cases to migratory birds?

A. That's correct.

Q. Okay, thank you. Now, I also note in your

submissions from October 1st that you state that

there has only been one year of standardized data

collection regarding mortality of birds that landed

on process affected ponds. So would it be accurate

to say that little is currently known about the

impacts of landing on tailings on birds?

A. That's correct. I believe one of the

recommendations out of Colleen Cassady St. Clair's

2011 Report was to do some additional research on

the actual mortality rate. It's unclear really how

many birds do perish on the ponds.

Q. Okay.

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3141

THE CHAIRMAN: Ms. Gorrie, sorry to

interrupt, could I ask you to try to speak a little

more slowly.

MS. GORRIE: Okay.

Q. And you also mention the off-site mortality. And

I'm just wondering, could you explain a little bit

more what you mean when you talk about "off-site

mortality"?

A. That refers to when birds may contact bitumen on a

tailings pond, but fly away. And because of that

contact, they may perish elsewhere. We have no

information on the rate or rate of mortality or how

much mortality there would be from that and whether

there would be any mortality from that.

Q. So it hasn't been investigated or looked into yet?

A. To my knowledge, no.

Q. Okay. And the Government of Canada has

international and federal commitments to protect

migratory birds, does it not?

A. That's correct. Under the Migratory Birds

Convention Act and regulations.

Q. And does Environment Canada have any concerns about

this Project frustrating the government's ability

to meet its commitments to protect migratory birds

and their habitat?

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3142

A. MS. BARANIECKI: Sorry, what would you mean by

"frustrating"?

Q. Making it difficult to meet the commitments, making

it impossible, potentially.

A. I think we're getting into a policy question.

That's not something that we can answer.

Q. Okay. Now, another piece of your submission,

page 32, you don't really need to look at it. I'll

read it out. You state that:

"... a number of studies and

analyses have demonstrated high

levels of existing and potential

future habitat loss and possible

adverse effects on species at risk

and migratory birds in this

region."

And then you say that these studies include

Shell's own analysis. And then you also mention

Teck Resources 2011.

So my question is could you explain what

evidence is included in the Teck 2011 Application

that you reference?

A. MR. WIACEK: Teck, in their analysis, they

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3143

looked at Natural Range of Variability in a number

of species at risk and other wildlife. And their

analysis shows that from the Pre-Industrial Case to

the Planned Development Case, so the cumulative

effects assessment, that a number of species were

being driven well below the lower boundary or the

lower level of their Natural Range of Variation.

And for some species, for example the olive eye

flycatcher, a threatened species under SARA, I

think it was in the magnitude of 40 to 50 percent

below the Natural Range of Variation. So that

certainly indicates that there's a substantial

amount of habitat loss within the Regional Study

Area that was analyzed for that project.

Q. Okay, thank you. And I just have some questions

about a document that's not on the record. I'm

guessing first I'll ask you. At page 20 of your

October 1st submission, you make a reference to a

SARA-CEAA document, 2010. And I'm guessing I know

which one that is, but I just want to confirm that.

A. The SARA-CEAA Guide, yes.

Q. Is it the Addressing Species at Risk Act

Considerations under the Canadian Environmental

Assessment Act for Species? I can pass you a copy

if it's easier. It's under the policy and

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3144

guideline series for Species at Risk Act.

A. So is it the Addressing Species at Risk Act


Assessment Act for Species under the Responsibility

of the Minister responsible for Environment Canada

and Parks Canada?

Q. So that document is Addressing Species at Risk Act


Assessment Act for Species under the Responsibility

of the Minister responsible for Environment Canada

and Parks Canada. So I'll just pass out some

copies. So this is where earlier you'd mentioned

Section 79(2) of SARA and I said I'd get back to

that. I just wanted to point to this document.

There's a couple of points of interest. In

particular, page 14 of the document.

And it's the second paragraph, starts,

"However...". let me know when you've located?

A. I'm there.

Q. Okay, great. And so it reads:

"However, Subsection 79(2) of

SARA establishes a requirement to

avoid or lessen all adverse effects

of a project on listed wildlife

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3145

species and critical habitat,

regardless of the significance of

those effects."

Correct?

A. That's correct. And that's how we framed our

submission or a portion of our submission.

Q. Right. And, yeah, I know it's in your submission

you were talking about -- so it's not just whether

it's significant effects, it's all adverse effects;

correct?

A. That's correct, yes. Under 79(2) there's the

obligation to avoid and lessen effects regardless

of their significance.

Q. Okay.

A. For species at risk.

Q. Thank you for that clarification. Now, if I could

just ask you to turn to page 34. And there's a

section entitled "Required Analysis."

A. Okay, I'm there.

Q. And it just reads:

"From a practical

perspective, the obligation under

subsection 79(2) of SARA, reinforce

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3146

the need for federal and

environmental assessments to pay

particular attention to listed

wildlife species and their critical

habitat."

Correct?

A. That's correct, yes.

Q. I would just like to shift gears quickly here.

Just a quick question about caribou. Mr. Virc, I

realize that you're involved with caribou and the

recovery strategy and the recovery planning

process.

Now, the Woodland Caribou Boreal Population

Recovery Strategy, in and of itself does not

provide protection for the caribou herds in

north-eastern Alberta; is that correct?

A. MR. VIRC: For north-eastern Alberta, it

does where there are boreal caribou ranges

identified.

Q. What protection does it provide?

A. Well, the protections that are afforded under the

Species at Risk Act. And so now that we have a

Recovery Strategy that has been completed, and

posted, the Species at Risk Act can now come into

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3147

force in terms of the Recovery Strategy. So

specifically, we have critical habitat that is

identified in the Recovery Strategy, and so where

there's Federal land, that would come into play.

Now, for the boreal caribou in north-eastern

Alberta, the ranges have been identified. So

that's how that would come into play.

Q. And you mentioned protection on federal land, but

the species in north-eastern Alberta are not on

federal land; correct?

A. That's correct. Well, there are some portions of

land that are federal land.

Q. Okay. So just to be clear, there are protections

provided to federal species on federal lands

automatically but not for species on provincial

land, which is what we're talking about here;

correct?

A. That's correct. And so primarily, the local

population ranges in the Recovery Strategy in

north-eastern Alberta are on provincial or

non-federal lands.

Q. Thank you.

Would you agree that the Government of

Alberta's efforts to date have been insufficient to

protect boreal caribou habitat in north-eastern

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3148

Alberta?

A. I'm not able to comment on the Government of

Alberta's efforts unfortunately.

Q. So in your experience in doing recovery planning

for the species, you haven't had any experience on

what has been done provincially and the impacts of

provincial action?

A. With regards to the Province of Alberta and

developing the Recovery Strategy, they've been very

helpful in providing information and working with

the Federal Government in completing the Recovery

Strategy. So I can say that we have worked very

closely with the Province of Alberta and their

staff in developing our Federal Recovery Strategy.

Q. Okay, so you've worked closely with them, but in

terms of the actual actions that they've taken to

protect habitat, what's your experience?

A. In the context of the Recovery Strategy, there are

actions that are identified there. And we state

very clearly in the Recovery Strategy that there

are roles and responsibilities that are those of

the Province of Alberta, and as well as those of

the Federal Government. So those are outlined.

And with regards to the Recovery Strategy, there

are additional steps to be taken when moving on

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3149

into the future, and Alberta again has been

supportive of those, so we are expecting that to

move forward very well.

Q. Just to get back for a second on the issue of

mitigation. We were talking about offsets or

conservation allowances. And the suite of tools in

the toolbox. In your opinion, are there any

mitigation measures that would be more effective

than offsets for mitigating loss to peatlands that

are permanently destroyed by the Project?

A. MR. WIACEK: As we indicated earlier, or

as I indicated earlier, avoidance would be our

preference and followed by minimization of effects.

Q. But in terms of mitigating effects that have

occurred?

A. MS. BARANIECKI: Sorry, we just need a moment

to clarify this.

Q. Certainly.

A. MR. WIACEK: Certainly monitoring would

come into play there, and adaptive management.

Q. Monitoring would mitigate the potential effects?

A. Well, it would provide information that would

assist in mitigating effects.

Q. But my question was if it was more effective than

offsets. So are you saying monitoring is more

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3150

effective than offsets?

A. We're not saying that, no.

Q. So again, my question is is there any mitigation

more effective than offsets, and recognizing that

you should avoid or minimize if you can, but?

A. Well, really, offsets are the last or conservation

allowances are the last step within the mitigation

hierarchy, so, again, we would want to go through

the hierarchy and avoid, as we've talked about, and

minimize those effects. So when you've done those,

the last step would be, would be a conservation

allowance.

Q. So is it fair to say that it would be the most

effective tool for mitigating in that circumstance?

A. Again, it would be the last tool that should be

considered. And the most effective tools would be

to avoid and minimize effects.

Q. So I understand that you want to avoid and

minimize, but what are you recommending be done if

and when the area is mined and peatlands are lost?

A. MS. BARANIECKI: So I think, Panel Members,

just to confirm, that basically that that

recommendation, Recommendation 1, each of those

bullets are not individual and exclusive of each

other, it's one complete recommendation that

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3151

outlines a series of mitigation options that could

be employed within this Project. It talks about

obviously avoidance and minimization, that we

talked about already. It talks about monitoring

and it talks about at the end there, the

consideration of conservation allowances. So

again, we need to look at these things as a

package. So it is one complete recommendation and

it outlines a number of opportunities for

mitigation.

Q. Yeah, I realize that and I read your

recommendation. I'm just asking, in the event, we

realize we want to minimize and avoid, but in the

event that that does not occur, and wetlands,

peatlands, are destroyed, would Environment Canada

recommend offsets?

A. At this point we are not recommending offsets. The

Proponent has not considered that as an option.

And so that option has not been evaluated. So we

are presenting this information here for the Panel

so that the Panel can consider the full suite of

mitigation that might be available.

Q. So, sorry, so you're saying because the Proponent

didn't raise it as an option, you didn't consider

it?

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3152

A. It wasn't evaluated because it wasn't part of the

review. And so therefore our recommendation

includes the full suite of mitigation, and it's

noted that the consideration of a conservation

allowance is one of the options.

MS. GORRIE: And just to get direction

from you, Mr. Chairman. I didn't pass out the

Operational Framework, and it's not an exhibit and

I don't intend to refer to it again, but I'm just

wondering if you'd like to have it marked for

identification purposes since it was referenced.

THE CHAIRMAN: Sorry, the --

MS. GORRIE: The Operational Framework for

Use of Conservation Allowances. It's an

Environment Canada document that they referenced in

their materials, but an actual copy is not on the

record.

THE CHAIRMAN: I would like to mark it for

identification. And I'm not sure what the order

should be, but we had the species at risk document.

This one that should be marked. Should we mark

that 041?

MS. GORRIE: Sure.

EXHIBIT 017-041: SPECIES AT RISK ACT POLICIES

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3153

AND GUIDELINE SERIES

THE CHAIRMAN: And the other will be 042.

MS. GORRIE: 042.

EXHIBIT 017-042: OPERATIONAL FRAMEWORK FOR USE

OF CONSERVATION ALLOWANCES

MS. GORRIE: Thank you.

A. MS. BARANIECKI: Sorry, Ms. Gorrie, if I may.

I just wanted to clarify, too, I know when we were

contacted earlier in October for this document, we

were in a period where this document was actually

being updated and translated. And so the copy you

did receive by e-mail was obviously the final

draft. I can say that that document is now

available, French and English, on the website. And

if it's useful to parties, we can also provide the

actual internet link. But that document is

available publicly as per the original intention.

Q. Okay, great, thank you. Shifting gears now, I want

to talk about some follow-up on past Panel

recommendations. And I have with me -- I guess

I'll back up.

OSEC submitted an Information Request in

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3154

respect to some previous recommendations that were

directed towards at least in part to Environment

Canada, and received a response from counsel. And

so I have with me the Response to Oil Sands

Environmental Coalition Information Request to

Federal Government Participant Departments. And

that's from October of this year. So I'll just

pass out some copies.

A. We've got copies, thanks.

Q. So just a few questions on this. In particular,

I'm curious about Information Request 12. And

that's also found on page 12. Let me know when

you've found the page, please.

A. MR. WIACEK: I'm there.

Q. Great. So this is in reference to the Albian Sands

Decision Report which is 2006. And in that report,

it states in the preamble here:

"The Panel recommended that:

Environment Canada collaborate with

AENV", which is Alberta

Environment, "in a review of the

cumulative impacts on the Yellow

Rail in the oil sands region using

appropriate regional nocturnal

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3155

surveys in areas of potentially

suitable habitat within the next

two years; the initiative should

also determine mitigation options

to minimize the impact on the

Yellow Rail."

So basically OSEC's request was for a

follow-up on that and to ask what had been done.

And I note that in your response you state that the

results of -- so you mention a project-specific

survey and regional surveys, and you also state

that (as read):

"The results of the surveys

should inform the determination of

mitigation measures and that EC is

working closely with AENV and mine

operators to develop mitigation

options."

So my question for the panel, I'm not sure

who the appropriate individual might be, but my

question is whether mitigation options have in fact

been developed?

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3156

A. My understanding is that mitigation options for the

mines have not yet been developed. The operators

have conducted surveys on their leases. And we are

working, Environment Canada is working with AENV to

fulfill the monitoring requirements and the

identification of mitigation measures on the leases

as per the provincial EPEA permit conditions. So

we are working closely with the Province on that.

Q. Okay, so just to be clear, so the panel requested

that the mitigation options be determined by 2008;

but that work is still in process?

A. That's correct.

Q. Do you have any idea of when that work will be

completed?

A. Well, the monitoring program would be ongoing, so

it is an ongoing process. So I don't think there

would be a definitive end date to that. Additional

surveys are required on the leases. And we are

providing this informing to the Province.

Q. But in terms of determining mitigation options,

when will those options be finalized?

A. That will depend in part on the results of the

surveys.

Q. Which will be completed?

A. Well, the plan is to have additional surveys this

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3157

coming -- or next summer. And I should clarify

that there have been surveys already. The Alberta

EPEA permit requires a monitoring program which

indicates repeated surveys on the sites to look at

changes in yellow rail populations. So, you know,

that monitoring is done over time. And as you

collect that information, that will inform the

mitigation in terms of whether you need to avoid

certain areas or apply certain mitigation in

particular areas. So it is a, it's a continuous

process.

Q. Right. Okay. So we're talking at least 2013,

maybe later, before we are going to see any

mitigation for the species at risk?

A. Correct.

Q. The next Information Request is number 15, which is

found at page 16. And I'm sorry I misled you, I

said I was just doing terrestrial and climate

change, but I have one question on naphthenic

acids. So have you found that spot?

A. MS. BARANIECKI: We have.

Q. So just to give some background. This request is

in relation to the 2011, January 2011 Joslyn North

Mine Decision Report. And in that report, the

Panel recommended that:

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3158

"The federal and provincial

governments work with the Canadian

Council of Ministers of the

Environment to develop specific

water quality objectives for

naphthenic acids."

So we basically, OSEC I mean, requested an

update on where that is at. And in the response,

you stated that, let me just check here, you state

that in September of this year, Environment Canada

completed a comparative study to assess the current

analytical methods for total naphthenic acids. Is

that correct?

A. That's correct, as stated in the response.

Q. But you then began testing the aquatic toxicity of

total naphthenic acids. When did this work begin?

A. I think I just have to confer with Dr. Spry.

We're not sure on the exact date, but we do

know it was within sometime within the past year.

Q. So within sometime in 2012?

A. 2011.

Q. Okay. Now, at the end of your response, you state

that (as read):

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3159

"Further substantial effort

will be required for EC to evaluate

total naphthenic acids to develop a

water quality objective for total

naphthenic acids."

So would it be fair to say that specific

water quality objectives for naphthenic acids are

still a ways away?

A. If I could just get you to repeat that phrase. It

doesn't line up with the text I have here.

Q. Sure. The last paragraph here, so it says "further

substantial effort...", do you see where I'm at,

page 16?

A. Yes, thank you.

Q. Do you need me to reread it?

A. Just what you were reading didn't line up with what

we had here.

Q. Did I skip some words?

A. Possibly. I just want to confirm that we are on

the same spot.

Q. Do you want to read in that paragraph just so we're

both clear on what it says?

A. Sure, that would be not a problem. So it says:

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3160

"Further substantial effort

will be required for Environment

Canada to evaluate total naphthenic

acids from a variety of oil sands

process waters and natural waters,

using a full range of bioassays to

develop a water quality objective

for total naphthenic acid."

Q. Great. So then my question again would be, is it

fair to say that the specific water quality

objectives for NAs or naphthenic acids is still a

ways away?

A. That's fair to say.

Q. And could you give me a ballpark estimate in terms

of when we can expect to see these objectives?

A. Not realistically we can't provide that ballpark

right now.

Q. Can you give me like 2013, 2014, 2015, 2016?

A. I think Dr. Spry can clarify some of the

complexities around this particular item.

A. MR. SPRY: Well, as it relates to the

development of a water quality guideline, there are

a number of complexities that we will have to deal

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3161

with. The, as you no doubt know, this is a very

complex group of chemicals. And so we're trying to

workout an approach, I guess it's basically a

two-pronged approach, looking at pure naphthenic

acids and testing those in bioassays.

We are also, the research scientists at

Environment Canada are working with extracts from

the tailings ponds and trying to characterize

those. We know that the toxicity within that group

is variable and so we're trying to work out an

approach, so that's going to take a while.

And the other, I guess the other sort of

bookkeeping part of the equation is moving it

through the Canadian Council of Ministers of the

Environment. And that is a 14-jurisdiction panel

that reaches agreement by consensus. And so that

process will add to the time that it takes to

develop this.

Q. Okay, it sounds like there's still a lot of work to

be done. So in terms of estimates, is it possible

that it could be decades before we see an

objective? Not trying to be funny, but honestly.

A. Well, I think since the goal of the Canadian Water

Quality Guidelines is to be protective, I think we

can perhaps find some model chemicals or some way

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3162

of working through that a little more

expeditiously. And I would think that five years

might not be unreasonable.

Q. Okay. I'm wondering, do you know if the Government

of Alberta is undertaking any work to advance this

Project?

A. I don't specifically, although we will be trying to

work with Alberta Environment as we go forward.

Q. Okay.

MS. GORRIE: Mr. Chairman, I would like to

ask that this document be marked as an exhibit, the

Response to Oil Sands Environmental Coalition

Information Request to Federal Government

Participant Departments.

THE CHAIRMAN: 043.

EXHIBIT 017-043: RESPONSE TO THE OILSANDS

ENVIRONMENTAL COALITION INFORMATION REQUEST TO

FEDERAL GOVERNMENT PARTICIPANT DEPARTMENTS

MS. GORRIE: Sounds right to me.

Q. So my final line of questioning is in relation to

climate change.

Now, it's been referenced a few times and

it's referenced in your submissions that Canada's

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3163

commitment to reduce greenhouse gas emissions by

17 percent below 2005 levels by 2020. So under

current Federal policies, Canada's failing to meet

that commitment; is that right?

A. MS. BARANIECKI: I disagree with that

statement. We are currently only in the year 2012

and that commitment was to meet that target by

2020.

Q. Okay, I'll rephrase that. You're not on track to

meet that commitment, are you?

A. I think as the Government of Canada has made

significant progress in this area, and we are

currently halfway to that target, and have already

started addressing some of the issues with two key

sectors, in particular transportation and

electricity, so I would say there has been

significant progress in this regard.

Q. But you're not actually on target to meet, like,

there has been evidence presented in this hearing,

Environment Canada documents presented showing the

trajectory in terms of how emissions are proceeding

in meeting the 2020 target. And so my question is

whether looking at the trajectory as it is right

now, are you headed towards meeting that target in

2020?

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3164

A. The Government of Canada is still committed to

meeting that target. It's certainly acknowledged

that there's still work to be done.

Q. Okay. So in terms of this Project, if it were to

proceed, you'd agree that it will further

contribute to Canada's potential inability to meet

the 2020 target; correct?

A. Again, I would state that we're on -- we're

committed to meeting that target, so it wouldn't be

that these emissions are contributing to that

inability, but certainly this Project would

contribute to the overall emissions?

Q. I said potential inability. So is it contributing

to the potential inability to meet the target?

A. I disagree with that statement again in the sense

that there is still work to be done and there's

still regulations that are being developed for this

sector.

Q. So you disagree with the statement but you also

just said it's going to increase emissions, this

project will increase emissions. Sorry, I'm

confused as to how those two reconcile.

A. I mean, the Project as proposed indicates a certain

amount of emissions that would be obviously emitted

with respect to greenhouse gases.

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3165

Q. Okay. So then if I rephrase it, it will make it

more difficult to meet the target if this Project

goes ahead?

A. I'm afraid we can't comment on that because we

don't have the draft regulations in hand.

Q. But you know what the target is and you know that

there's going to be increased emissions from this

Project; correct?

A. I think what's important here is that there's also

going to be further action with further regulation.

Q. But a project that is increasing emissions is not

going to help you meet your target, whatever the

target is; would you not agree with that?

A. I think we'd have to look at that in the context of

all the other actions being undertaken and the

other emissions within the sector.

Q. So you talk about your, about the federal

regulations. There currently are no federal

regulations in place, correct, in relation to

greenhouse gas emissions from the oil sands?

A. That's correct.

Q. Now, I note in your October 1st submission, you say

that you expect to release draft regulations next

year and those regulations will put limits on the

amount of greenhouse gas emissions from oil sands

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3166

operations. Is that the intent?

A. It's premature for us to comment on what the

content of those regulations would entail.

Q. So there's regulations that are going to be coming

out but you don't know whether they are going to

include limits in terms of greenhouse gas emissions

and oil sands?

A. I just might need a mic at the back here.

Q. Continue your huddle.

A. That's better, less awkward.

Q. Mr. Fox?

A. MR. FOX: Yes. It's our

understanding that the greenhouse gas regulations

for oil and gas will include emissions from the oil

sands projects.

Q. And is the intent that those regulations will put

limits on the amount of emissions?

A. We're actually not privy to what the regulations

will be, so it's premature for us to really discuss

that.

Q. Okay.

A. But we have been assured that the plan is to have

draft greenhouse gas regulations out next year.

Q. So it's not at the drafting stage yet, as far as

you know?

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3167

A. At this moment, it's still at the discussion

stages.

Q. Okay. And are you able to comment on when you

anticipate that there will actually be final

regulations in force? I realize you said a draft

next year, but in terms of seeing something on

paper that's in force.

A. No, I can't give you a date.

Q. Now, back in 2008, the Federal Government produced

a framework document entitled "Turning the Corner."

Are you familiar with that?

A. I'm familiar with the title, yes.

Q. And so you're familiar, then, in this document, the

Government of Canada committed to enacting

regulations limiting greenhouse gas emissions by

January 1st, 2010?

A. I'm sorry, I'm not that familiar with the document.

Q. Is anyone on the panel familiar with the

commitments that were made by the Government of

Canada in a Federal Government document?

A. MS. BARANIECKI: No, sorry.

Q. Okay. So turning back to your October 1st

submissions, at page 46, you state that:

"The activities listed by the

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3168

Proponent do not include sufficient

detail about the measures that

Shell Canada plans to use at each

stage of their operations to help

minimize or reduce greenhouse gas

emissions."

So my question to the panel is what further

information would Environment Canada require from

Shell?

A. MR. FOX: With that recommendation, we

acknowledge that Shell has presented a list of

general mitigation options. We're looking for more

detail in exactly what those mitigation options

would be and we would really like to see some

numbers attached with that of potential greenhouse

gas reductions. We feel that would help our review

and assessment of the potential mitigations in

greenhouse gas reductions.

Q. So do I understand you correctly that you mean you

want them to be able to tell you this mitigation

measure X will reduce emissions by this amount Y?

A. That is correct.

Q. So you'd agree then that as it's laid out right

now, it's impossible to know what the mitigation

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3169

options that they have laid out, are actually going

to be able to mitigate their emissions?

A. That is correct.

Q. So then would it be fair to say that Environment

Canada is not satisfied that Shell will be able to

sufficiently mitigate the effects of greenhouse gas

emissions from the Project?

A. Shell as well as the other oil sands facilities

will have to comply with the greenhouse gas

regulations when they are developed and

implemented.

Q. Right, but I'm not talking about regulations, I'm

talking about mitigating project-specific impacts.

So based on the information that Shell's presented

in all of their materials, would it be fair to say

that Environment Canada is not satisfied that it

will be able to sufficiently mitigate the effects

from this Project?

A. I think we'd be more satisfied if we had additional

details on what the mitigation involved.

Q. Now turning to my final aid for today. I'm sure

you'll all be happy about that. It's a PowerPoint

from Environment Canada entitled "Climate Change

Impacts in Canada" and it's from September 28th of

2012.

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3170

So you have that document?

A. MS. BARANIECKI: Yes.

Q. So my understanding is that this document talks

about, as the title suggests, impacts due to

climate change, and it talks about temperatures

increasing and leading to a wide range of impacts.

And so if I could ask you to turn to page 25 of

that PowerPoint, and unfortunately the page numbers

are really, really tiny.

A. MR. BONSAL: Yes, I have it.

Q. And Environment Canada produced this PowerPoint;

correct?

A. I do believe so. The first time I saw it was last

night and I'm not familiar with this PowerPoint,

exactly who within Environment Canada did produce

it.

Q. Okay.

A. But I see the Environment Canada logo on it.

Q. We didn't copy and paste that in. So, yes, if I

could ask you to turn to page 25. And you've got

it?

A. Yes, I do, thanks.

Q. Now I have to get it. So it states here that --

I'm looking at the first bullet -- maybe can you

read out the first bullet to me?

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3171

A.

"Forests stressed by

warmer, drier conditions and forest

pests can present highly flammable

conditions and lead to an increase

in area affected by wild fires."

Q. Right. And then you'd agree here that then it goes

on to talk about examples of where there's been an

increase in areas burned by fire in B.C. and the

Yukon; right?

A. Yes, I see that.

Q. So do you have any information regarding the

impacts of drier conditions in forests in Alberta

specifically?

A. I do not specifically have that, no.

Q. But you'd agree that warmer, drier conditions being

caused by climate change could lead to increase in

wildfires in Alberta?

A. Yes.

Q. And that would include the RSA, the Regional Study

Area?

A. Yes.

MS. GORRIE: Thank you, panel. Those are

all my questions. And I'll now hand it over to my

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3172

colleague, Ms. Buss.

THE CHAIRMAN: We'll mark the excerpt from

the Environment PowerPoint as 017-044.

MS. GORRIE: Thank you very much.

EXHIBIT 017-044: ENVIRONMENT CANADA, KEY CLIMATE

CHANGE IMPACTS TO CANADA


PANEL, BY OSEC, BY MS. BUSS:

Q. MS. BUSS: Good afternoon, panel.

My name is Karin Buss and I have a couple of

different areas to ask some questions about.

First I wanted to compliment you on your

submission. It helped to really elucidate some of

the issues, but I'm going to have some questions

with respect to clarifying it.

First I had a question arising out of your

brief comments this morning, Ms. Baraniecki.

You said that Environment Canada was here to

provide evidence on the merits of the Project. And

I'm wondering if you could clarify that. You're

not here to talk about whether the Project itself

is a good idea or not; is that correct?

A. MS. BARANIECKI: That's correct. We're here

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3173

to present evidence and advice to the Panel with,

specifically with respect to areas relevant to our

mandate.

Q. I'd like to put it another way. Is it also true

that you're here to provide information and opinion

in your fields of expertise? You talked about how

you have a technical and scientific panel?

A. Within the realm of, again, Environment Canada's

mandate, then we do have a number of experts here

that can speak to that advice and can offer

information in that regard.

Q. But you're here to give your advice as a specialist

department and as a body of, as individuals who

have expertise in a particular discipline; would

that be fair?

A. That's fair. Again with respect to the mandated

areas.

Q. And that's to assist the Board in understanding,

the Panel in understanding the environmental

impacts of the Project; is that correct?

A. Generally, yes, that's correct.

Q. And also what mitigation options are available and

how effective they might be?

A. That's correct. And in fact, within our

submission, actually just referring to page 5, we

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3174

outline basically the contribution of the

Environment Canada panel, witness panel here, to

provide a review of the Project to determine those

potential environmental effects and also to speak

to the mitigation that's proposed as well as

considerations for additional mitigation.

So it does outline that role quite clearly in

the front of our submission.

Q. And Mr. Makowecki, on behalf of DFO, or the

Department of Fisheries, your department, staff and

scientists are hear also to provide information and

opinion within the field of their expertise?

A. MR. MAKOWECKI: That's correct.

Q. Now, one thing I noticed, Ms. Baraniecki, is that

you said that your panel was here to speak with

respect to the "technical aspects" of the water,

the joint water monitoring initiative. Did I hear

that correctly?

A. MS. BARANIECKI: That's correct. And to

clarify, we actually have a number of panel members

obviously from the disciplines of air, water and

wildlife that are all involved or able to speak to

technical components with respect to the Joint

Canada-Alberta Integrated Oilsands Monitoring

Program.

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3175

Q. And are you permitted to speak about the funding or

lack of funding for the water monitoring program?

A. That's an area that's outside of the evidence that

we filed and we're not able to speak to that.

Q. Have you been specifically advised not to speak

about that issue?

A. No, it's just outside of the area that we can speak

to. We're, again, not the group of experts

involved in the program.

Q. And none of you are knowledgeable about the funding

commitments that have been made to the program?

A. I'm not knowledgeable to those funding commitments.

I do know that there's various discussions

underway, but no information on details, no.

Q. Well, that's helpful.

I'm going to change to go to the end of my

questions here, but I'll work backwards with your

assistance.

Mr. Fox, would you be the person who could

answer questions about oil sands emissions

submitted to the National Pollution Registry

Inventory, sorry, Release Inventory?

A. MR. FOX: No, I wouldn't be the right

person for that. I'm afraid we don't have anyone

here that could speak directly to the NPRI.

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3176

Q. Are you or Ms. Watt familiar with emissions from

the Oil Sands Region?

A. Familiar, yes.

Q. Are either of you able to confirm that mercury or

arsenic emissions have, sorry, mercury and arsenic

emissions have increased by 50 percent or greater

between 2009 and 2010? I'm speaking just of aerial

release.

A. No, Mr. Chair, I'm afraid we don't have information

on that with us. We're not able to speak to that.

Q. And is the NPRI a source of information that you

use regularly in your work?

A. Yes, it is. My field is more to deal with criteria

contaminants and not into the metals or toxics. So

my familiarity with the NPRI would be more in that

area.

Q. And how about you, Ms. Watt, are you more familiar

with the metals?

A. MS. WATT: I'm more familiar with the

criteria air contaminants as well.

Q. Do we have anybody here that's familiar with the

metals?

A. MS. MORRISON: I can't speak to an

assessment of the latest numbers for the metals in

NPRI.

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3177

But I can answer the question that in the

scientific area in which I work, which is in the

air quality research division, we frequently use

the information in the NPRI to do our modelling and

other scientific assessments of air quality and

emissions.

Q. Perhaps, Ms. Morrison, then you would be so kind as

to undertake to confirm that the airborne emissions

reported to the NPRI from the oil sands industry in

Canada increased by more than 50 percent for

mercury between 2008 and 2010, and the same for

arsenic.

A. Yes, we will undertake that.

UNDERTAKING 37: MS. MORRISON TO CONFIRM THAT THE

AIRBORNE EMISSIONS REPORTED TO THE NPRI FROM THE

OIL SANDS INDUSTRY IN CANADA INCREASED BY MORE

THAN 50 PERCENT FOR MERCURY BETWEEN 2008 AND

2010, AND THE SAME FOR ARSENIC AND LEAD

MS. BUSS: And can you also confirm the

amount of increase in lead from 2006? Maybe I

could put it to you this way. Could you just

confirm for me, I can assist you, I'll give you

Exhibit 017-037, in which there's a slide that has

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3178

three graphs of NPRI data, which I think came

from -- these charts actually came from Environment

Canada, but I couldn't find it. So if you could

just confirm for the record that they are accurate

and you can undertake to do that later.

UNDERTAKING 38: WITH RESPECT TO EXHIBIT 017-037

IN WHICH THERE'S A SLIDE THAT HAS THREE GRAPHS OF

NPRI DATA FROM ENVIRONMENT CANADA, TO CONFIRM FOR

THE RECORD THAT THEY ARE ACCURATE WITH RESPECT TO

MERCURY, ARSENIC AND LEAD

MR. LAMBRECHT: All right, so just to

confirm, the undertaking is to confirm that

information in Exhibit 017-037 is accurate?

MS. BUSS: Yes, with respect to the --

MR. LAMBRECHT: With respect to mercury,

arsenic and lead.

MS. BUSS: Yes.

MR. LAMBRECHT: And that's yes. Thank

you.

Q. MS. BUSS: Now I'm assuming that

Ms. Chambers might be the best person to ask, but

I'm not clear. We don't have any of the authors

of, I'm calling it the Kirk study here with us

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3179

today, as far as I can tell. Maybe I'll step back

for a moment.

MS. BUSS: Mr. Chairman, I'm now going

to ask some questions related to the SETAC abstract

that was marked earlier today, 005-026.

A. MS. BARANIECKI: If we could just obtain a

copy of that. I think our copy migrated over to

the other table.

MS. BUSS: Mr. Chairman, do each of the

Board Members have a copy?

THE CHAIRMAN: Yes.

MS. BUSS: Okay.

Q. It means that the panel needs to share fewer

copies.

The first study I want to ask you about is

abstract 424, which for brevity I'm referring to as

the Kirk study, but is it Janet Kirk?

A. MS. CHAMBERS: Jane Kirk.

Q. From Environment Canada, research scientist. And

as well as Muir, M-U-I-R?

A. Muir.

Q. As well as several other scientists from various

departments within Environment Canada.

Is the full paper available entitled "Trends

in Atmospheric Deposition of Inorganic Contaminants

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3180

to the Alberta Oil Sands Region Obtained from

Snowpack and Lake Sediment Core Measurements"?

A. No, this hasn't been produced as a publication yet.

The work that was done as part of this paper was

just done in the last, well, some of it was just

undertaken in March. And so the full publication

hasn't been written yet.

Q. All right. And the research was undertaken in 2011

and 2012?

A. That's correct.

Q. And what is your familiarity with it, Ms. Chambers?

Or is it Dr. Chambers?

A. MS. CHAMBERS: It's Dr. Chambers.

I'm not particularly familiar with it. I was

not an author on the study and I wasn't involved in

it, although I'm part of the larger oil sands

research program and monitoring program and

Environment Canada, so I have an awareness of it.

But I haven't seen the results of it other than

what is presented here.

Q. All right. So as far as you know, this is an

accurate representation of what the research

findings were?

A. I haven't seen any findings from the research at

all. So this is all that I know about it is what's

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3181

in the abstract. And I have no reason to

disbelieve it.

Q. Is it possible for Environment Canada to confirm

that this abstract is true to the study results?

A. I can confirm that. I don't see that there would

be any reason why they would put in something that

was incorrect. But I can confirm that.

Q. Okay.

A. I will have to say that because the work is very

recent, and this is presented then as an abstract,

it is at a preliminary stage. That's the nature of

a presentation of this sort. So that as the data,

as additional data come in, and not all the data

from a study come in within days or weeks, some of

it trickles in over the course of a year depending

upon the lab's availability to analyze the results,

the results can be modified as additional data come

in.

But I think to the best of my knowledge, this

represents the situation of the currently available

data.

Q. Okay, so it sounds to me like you have no concerns

about us relying upon it?

A. No, I think it's reasonable to take what's there,

given -- with the proviso that this is preliminary

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3182

results that have not yet been vetted by the

scientific community and have not been fully

analyzed.

Q. And it would be similar to much of the, well, maybe

not similar, but much of the information that's in

the Environmental Impact Assessment, for example,

hasn't been vetted by the scientific community?

A. That's probably fair enough, yeah, a fair

statement.

Q. And much of that might be preliminary as well?

A. I presume some of it probably is. I haven't read

the whole of the document.

Q. And this research that's being reported in this

abstract is based on samples, for example this one,

there were snow samples taken and they were

analyzed for contaminants, and those are basically

hard data that was reported; would that be a fair

summation?

A. This is based upon snow samples that were collected

in spring, I believe March 2011 and 2012. The

samples went to the laboratory for analysis, and it

would appear from the abstract that they are

reporting in this preliminary presentation on the

results of 13 metals, and it looks like, yes, I

think it's just the 13 metals that are being

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3183

presented.

Q. All right. And those include arsenic and mercury;

correct?

A. Yes.

Q. And they found that of these 13 priority

pollutants, which are mostly metals, were 1.5 to 3

times higher within 50 kilometres of upgraders in

the Oil Sands Region?

A. Actually, I think it's 1.5 to 13 times higher. I'm

having to hold it out a bit myself, too.

Q. I'll have to pull my glasses down. All right, so

that wouldn't be, that's not a surprising result,

though, would you agree?

A. Well, no, it's consistent with the paper by

Kelly/Schindler and others that was published I

believe in 2010.

Q. And it's not surprising that contaminant levels

were higher within 10 kilometres of the upgraders?

A. I think they just speak about within 50 kilometres

of the upgrader, if I'm not mistaken. Oh, no, they

do say "and were highest within 10 kilometres of

the upgraders".

Q. And I also notice that they found particulate-bound

methyl mercury increased exponentially with

proximity to upgraders, which they say is important

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3184

because methyl mercury is a neurotoxin that bio

accumulates. What does "particulate-bound" mean?

A. It usually means, and I'm not a mercury specialist

and I'm not sure -- oh, Heather, Dr. Morrison could

probably say a little bit more about mercury and

its nature.

A. MS. MORRISON: It means in the

atmosphere, it's found not in gaseous form, so as a

gas, it's either found in what we call an aerosol,

which is like a tiny droplet, or in particle form,

which means it's bound to another chemical that, I

mean, in layman's terms, it's like dust.

Q. So metals that are emitted from stacks and boilers

and that kind of equipment tends to be bound to

particulate, come out in dust-like form?

A. Usually when mercury is emitted, it's emitted from

a stack in two forms: The predominant form would

be the gaseous form; and then the other form would

be what we call either reactive gaseous or a

particulate form. The reactive gaseous form and

the elemental form can undergo very rapid chemical

reactions as the very hot gases leave the stack and

go into the cool atmosphere. And there's a lot of

other chemicals that come out with the mercury, so

you can get a lot of reactions. Those reactions

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3185

tend to form particulate mercury or more reactive

gaseous mercury, both of which tend to rapidly

deposit from the atmosphere onto the surface.

So what you tend to find when you have

emissions of mercury from a stack, is that you get

a lot of mercury depositing close to the stack.

And then the rest that's mostly in the elemental

form will then get transported with the air mass,

and it can go, gaseous elemental mercury can travel

around the globe. I mean it's a pollutant that is

subject to a long-range transport.

So that would be very typical pattern to see

close to a source of emission where you have a

higher concentration of deposition of particulate

mercury close to the source.

Q. I'm going to ask this question now because it seems

to be related. But I understand that from other

engines like combustion from mine fleet, for

example, that you will get, the primary source of

metals release or emissions from the mine fleet

will also be in particulate form. And what is that

process, is that similar?

A. All combustion sources, it would be the same. It

just depends on what chemistry happens with the

co-pollutants that are being emitted, and if

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3186

there's a lot of reaction that results in either

reactive gaseous mercury or particulate mercury,

then you get a lot of deposition, you know, near

the source of emission.

Q. Okay. Can you confirm that the Jackpine Mine

Expansion Project is within about 50 kilometres of

the upgraders that were studied in the Kirk report.

A. MS. MORRISON: I think the Kirk report

focused around what is referred to in a couple of

the other reports as AR6, which is a site in the

Athabasca, but I can't say offhand exactly where

that is.

Q. Is anybody able to say whether the Compensation

Lake that has been proposed to DFO is located

within 50 kilometres of an upgrader?

A. MR. MAKOWECKI: Subject to check, we believe

the Compensation Lake would be very close to

50 kilometres away from an upgrader.

Q. Now, Dr. Chambers, there's another study in the

SETAC report by a J.L. Parrott or Parot?

A. MS. CHAMBERS: Parrott.

Q. Also from Environment Canada from the National

Water Research Institute. And is that a he or a

she, I'm not sure?

A. She.

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3187

Q. She was working with a similar team and looked at

whether, and took some snow-melt samples within

this 50 kilometre radius of the upgraders, and then

put minnows or minnow eggs in it and found that the

snow melt was toxic to fish. Is that the upshot of

that study?

A. Well, it shows that the snow melt that was

collected within, and I'm just scanning that

abstract myself as a matter, but I think it was

within about 50 kilometres, were toxic to fish.

It's three snow samples from around the oil sands

mining and refining areas were toxic to larval

minnows at 25 to 100 percent.

Q. All right. Well, it would be really useful to

speak with Dr. Parrott, but I guess we can't.

Because that doesn't tell us whether she meant both

mining and refining areas or that those two were

combined.

Okay. And I notice that there was also

higher concentrations of Polycyclic Aromatic

Hydrocarbons in metals also in the snow melt

samples?

A. That's consistent with what was reported in the

previous abstract, the one that we just discussed

by Kirk. And I think that was number 424. That

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3188

some of these chemicals were higher closer to the

upgrader.

I should point out, too, and I think it's in

this abstract, that they did look at not only the

snow melt, but they had occasion to look at the

water that came, the water that was in the

Athabasca River in the spring as well. And they

observed no toxicity in that case.

Q. And that was in the spring of 2010?

A. Yes, that's right.

Q. And I suppose once you go into the river, then that

snow melt had been diluted by the spring water

levels?

A. Yes, that's right. So that the snow melt was

diluted and of course that's ...

Q. That was helpful to the fish?

A. Yes, very helpful to the fish. The fish aren't

occurring in the snow itself.

Q. I have a question. Going down to abstract 427. Is

it Dr. Muir?

A. Dr. Muir.

Q. Muir. Has an abstract which relates to taking

sediment samples from five lakes within 35

kilometres of bitumen upgrading facilities. And

this again is similar to the work of Kelly and

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3189

Schindler et al, where they looked at sediment

samples?

A. I think the Kelly/Schindler 2010 were primarily

looking at water samples.

Q. I think there is --

A. Or maybe it's the 2009 that had the cores.

Q. I think it could be.

A. Okay.

Q. Anyway, again, this is replicating the approach

that's been used before?

A. Yes. The paleo-limnology work where they take

sediment cores and then they slice them and they

know what year those slices come from has been a

well-established technique.

Q. And what was interesting is that they found that

with respect to PAHs, and I guess that's primarily

what they are looking at, I'm not sure what DBTs

are, could you maybe explain that?

A. Oh, dibenzothiophenes. I can't tell you what they

are other than they are organic contaminant. If

somebody else can speak to that better than I. I

don't see anyone stepping up, I'm sorry.

Q. Okay, what about C1-C4-alkylated PAHs. That's just

a type of PAH?

A. Yes, that's just a type of PAH.

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3190

Q. What was found by doing this work was that there

was an increase in PAHs since I believe the late

'70s, or since the early 1970s?

A. Yes.

Q. And what they noticed was that the total PAH flux,

do you know what a total PAH flux is?

A. Well, they've estimated the total amount based upon

analyzing the slices that have come from the cores

from the bottom of the lakes, they can calculate or

determine the total amount of PAH and look at the

total quantity that's been deposited in that

particular year or several years.

Q. So the total rise, it looks like went from 2.5 to

23 times greater than pre-1960 levels?

A. M'mm-hmm.

Q. Did I read that right?

A. Yes.

Q. And then the most -- sorry?

A. Yes, I was just going to repeat that sentence, yes.

Q. And the maximum concentrations were interestingly

in 2009 and 2010, so at the top of the sediment

strata. It says in four of the five near field

(phonetic) lakes.

A. Yes, maximum concentrations were observed from the

most recent, approximately 2009 to 2010 sediments.

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3191

Q. All right. All right. So these, would you agree

that the effect of that study appears to be to

confirm that there is some effect on lakes or lakes

in the area are receiving contaminant loading of

some degree?

A. Well, the results indicate that there are PAHs

present in the sediments of the lakes, and that

they have increased in the last I think they say 20

years or so.

Q. Are any of these three, we talked about the first

one, but is there actually a full paper that's

available that's been submitted for publication or

submitted and circulated around Environment Canada

for example of papers of abstract 427 or 425?

A. Not to my knowledge. These are being presented as

preliminary, as early results.

Q. Is it possible to check?

A. Yes.

Q. Because I think if there's more information that

could be obtained on these studies, that might be

useful to the Panel. If there's a more fuller

description of the research in the form of a paper

or a fuller research report.

MR. LAMBRECHT: And is that a request by way

of undertaking?

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3192

MS. BUSS: Yes, just to check if that's

available and if it's possible, to produce that.

A. So to check for a publication for 424, 425, and

427?

Q. If there's a full paper written or a more fulsome

research report written by the authors that would

be available to supplement the abstract.

MR. LAMBRECHT: Madam Reporter, I think

that's clear. Thank you.

UNDERTAKING 39: TO CHECK FOR A PUBLICATION FOR

424, 425, AND 427, AND IF THERE'S A FULL PAPER

WRITTEN OR A MORE FULSOME RESEARCH REPORT WRITTEN

BY THE AUTHORS THAT WOULD BE AVAILABLE TO

SUPPLEMENT THE ABSTRACT, TO PRODUCE SAME

MS. BUSS: I've had a request for a

break. I'm wondering if that would be convenient

to the Panel.

THE CHAIRMAN: It's a little early, but we

could do that. Are you thinking of the regular

break?

MS. BUSS: Yes. That would be fine.

THE CHAIRMAN: I have 2:51. We'll take

20 minutes.

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3193

MS. BUSS: Thank you.

(The afternoon adjournment)

THE CHAIRMAN: Ladies and Gentlemen, we've

had some further input respecting next week. And

what we're going to do is commence argument on

Tuesday at 8:30 a.m. And the venue is the Sheridan

South on Argyll Road in Edmonton.

Would you like to continue, Ms. Buss.

MS. BUSS: Yes, thank you.

Q. I have another follow-up question for Environment

Canada. I'm assuming that the results of the three

research studies that we just looked at, would it

be correct that these results did not inform

Environment Canada's submission that's at

Exhibit 005-002?

A. MS. BARANIECKI: Yes, that's correct.

Q. And I take it that you weren't aware of this, the

panel wasn't aware of this research when they

arrived to give evidence this week?

A. MS. CHAMBERS: I was aware that the

fieldwork had been conducted but I wasn't aware

that the research was in a state that it was going

to be presented.

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3194

Q. Prior to preparing your submission and preparing to

give evidence today, did you make inquiries as to

what research Environment Canada or Fisheries was

undertaking that might be relevant to oil sands in

particular, the issue before this Panel?

A. MR. BARANIECKI: Perhaps I could clarify a

little bit of our process that we undertake when we

do an Environmental Assessment particularly within

our department within Environment Canada.

So my group, the Environmental Protection

Operations Directorate in Prairie Northern Region,

we're responsible for the overall co-ordination of

the project review. And then we have a number of

team leads, lead coordinators on the various

subject matters who then network out within the

department in a very specified way to connect in

with various experts. And it will really largely

depend on what's contained within the project

proposal within that EIS review. So within that,

we look at the project as it's proposed, we analyze

that information, and then proceed with an analysis

with various experts. So that's how that's

performed.

So I guess to answer your question, Ms. Buss,

it wouldn't have been a general, I guess, survey,

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3195

but the people that are working on this file are

the ones that are obviously knowledgeable about the

issues in this area and are linking in with our, I

guess: Our science generalists and our experts do

link in together as we complete our review.

Q. Well, judging by the CVs of some of the parties and

the fact that I've seen some of you at a number of

these similar occasions, is that you have people

who are tasked with reviewing environmental impact

assessments and commenting on them?

A. That's correct.

Q. But did you undertake prior to your submission any

kind of systematic search to determine if important

new research was being undertaken that might be

helpful for Panel to know?

A. Yes, so to clarify, within each of the science

teams, they would have conducted their review and

determined the information that was relevant as

part of that review in the formulation of questions

through the Supplementary Information Request

process, as well as through the development of the

submission, so we would have actually looked at the

information we had at hand within our body of

expertise. And again, our submission reflects sort

of those outstanding concerns and recommendations

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3196

with respect to the project.

Q. From your team of people whose job it is to review

Environmental Impact Assessments; would that be

fair?

A. Partially fair. Some of the members of that team,

that's their primary function. But we do have a

number of members that are tasked as part of the

Environmental Assessment review team that are

primary researchers, for instance, but then they

come in on a specified component of the project

review.

Q. I guess what I'm trying to figure out is is there

other important work that might be going on that

isn't being presented? Because it was just

fortuitous that we were able to discover this,

these three papers.

A. MS. CHAMBERS: Well, I guess I could say

that there's certainly other research going on

because we've got a mandate to conduct research,

but the research that would have informed the

Environment Canada's position would largely have

been research that was already published, and so it

had been scientifically vetted, approved and

published and had been reviewed by the scientific

community in order to be able to meet the

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3197

publication demands, the scientific publication

demands.

There's continuously other research that's

underway such as the studies that we discussed that

are being presented at SETAC. But it depends on

what comes up in a particular timeframe because

these are still preliminary results and, in fact, I

think there's some of them I think I could quite

safely say the data haven't all come in from the

2012, 2012 field trip. And so to then begin to

even think of speculating about what those data

mean and to interpret them in light of a submission

is a little premature.

Q. Maybe it would be for the Panel to interpret?

A. Fair enough.

Q. What about for Department of Fisheries and Oceans,

did you have a systematic way of ascertaining

whether there's relevant research going on in the

science division of Fisheries?

A. MR. MAKOWECKI: We have a process by which

our program requests information from science and

specifically lays out our priorities in any given

year for science to be done. And so by way of that

process, we're aware of the science that would help

inform us in our regulatory decisions. And we had

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3198

made further inquiries on some of the issues

related to, specifically to mercury, actually,

prior to us attending here.

So we did inquire as to the status of some of

the research that's going on.

Q. What did you find out is there other research that

might shed some light on the potential impacts of

another oil sands mine?

A. We, at this stage, don't have any additional

information in our research division that would

help inform this Panel.

Q. And how about for Environment Canada, is there any

other research that might be potentially relevant

that you haven't told us about?

A. MS. CHAMBERS: There's research going on.

I'm not even sure whether the data -- I know in my

own case I have research going on in this general

area, but I haven't got the results back from the

laboratory yet. So it's underway, but I don't

think it's at a point where it can inform the

Panel.

Q. And what is the nature of that work?

A. I conduct water sampling in some of the tributaries

in the Oil Sands Region.

Q. Like the Muskeg River, for example?

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3199

A. Yes.

Q. And when will that be available?

A. Well, I'm hoping -- I'm still waiting on results

from some of the analysis, in fact we're still

sampling, to the best of my knowledge. We've had

folks out in the last few days. The lab results

I'm hoping from this year will be completed by the

end of March. And I'm hoping to be able to have at

that time an inventory of the data that have been

collected available and probably, if the data all

come in by the end of March, within a month or so.

Some preliminary statistics from on that data.

Q. All right. Thank you.

Now, I do have a question about another

Environment Canada National Wildlife Research

Centre paper from Craig Hebert, which I provided to

your counsel yesterday. I think Ms. Baraniecki has

it. There's a hot demand for research reports so

I'm losing my copies here.

All right, so this paper on Metals and

Polycyclic Aromatic Hydrocarbons in Colonial Water

Bird Eggs from Lake Athabasca and Peace-Athabasca

Delta was just published in February of 2011.

Would Dr. Chambers be familiar with this?

A. No, I don't know that work.

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3200

Q. Does anybody on the panel know this work?

A. MS. BARANIECKI: So this paper specifically

would have been conducted with our scientists

involved in the wildlife toxicology group within

our department. On this panel, we actually do not

have an expert to speak to this specific issue from

the wildlife toxicology group. And the reason for

that, Panel Members, is that this was not an issue

that we really addressed within our submission.

So, therefore, we didn't obviously provide experts

here. However, we can certainly --

Q. Were you familiar with this paper before today?

A. So just --

Q. Or before yesterday?

A. Sorry, to just conclude my last statement there.

So we don't have the experts available here on this

panel to speak to it. However, in anticipation

that this is -- wildlife toxicology concerns are

important concerns to various Aboriginal members

and other folks in this region, we do have people

who might be able to undertake if you have a

specific question about this research.

Q. I guess what I was wanting to do is confirm that

the research documented in this study shows that

there are increasing levels of mercury and PAHs in

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3201

bird eggs in the Athabasca delta, and that these

increases in concentrations are greatest at sites

that are receiving waters from the Athabasca River.

And I want that confirmed. Maybe I could put it

this way. Would it be safe for the Panel to rely

on this research report given it's from Environment

Canada and it has been published a peer-reviewed

journal?

A. Absolutely.

MS. BUSS: I'm wondering if we could

mark this as an exhibit, Mr. Chairman.


EXHIBIT 017-045: SETAC PRESS, "METALS AND

POLYCYCLIC AROMATIC HYDROCARBONS IN COLONIAL

WATERBIRD EGGS FROM LAKE ATHABASCA AND THE

PEACE-ATHABASCA DELTA, CANADA"

MR. DENSTEDT: Mr. Chairman, I just have a

question of clarification on this paper. Who am I

going to be able to cross-examine on it? No one?

A. MS. BARANIECKI: Sorry, as stated, we do not

have someone able to speak to this specific paper.

However we do have somebody available by

undertaking if there's a specific question related

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3202

to this research.

MR. DENSTEDT: Thank you.

Q. MS. BUSS: My question, where I was

going with that paper, is that it would indicate

that there's potential for -- it would appear that

the oil sands development could be an important

source of mercury uptake by birds down river from

the Athabasca, and that Hebert Study essentially

points to the need for further monitoring. Is that

something that's going to be done and, if so, by

whom?

A. I believe Dr. Morrison has some additional

information to add.

A. MS. MORRISON: So I will just confirm

that the paper does state that further monitoring

is required and I can confirm that further

monitoring is taking place.

Q. Is that a follow up to this study or is that a

separate monitoring plan?

A. It's a follow-up to the study.

Q. And do you know when those results might be

available?

A. No, that would have to be confirmed with the lead

researcher, which is Craig Hebert.

Q. All right. Now I have some questions for the

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3203

Department of Fisheries and Oceans as the primary

regulator of fish habitat in Canada; is that

correct?

A. MR. MAKOWECKI: Yes, that's correct.

Q. And I have a question about Recommendation 1. And

I'm turning now, Mr. Chair, Panel members, to

Exhibit 005-020. And page 7, PDF page 10. There's

a recommendation at the bottom of page 7 that:

"... the Joint Review Panel

include a recommendation to Shell

Canada Energy that cumulative

effects on downstream fish habitats

be assessed, including but not

limited to, middle reaches of the

Muskeg River, Shell Canada Energy's

Jackpine Mine and Imperial Oil's

Kearl Mine fish habitat offsets,

Kearl Lake, the lower reaches of

the Muskeg River and the Athabasca

River including the Athabasca River

delta. DFO believes that it is

possible for an individual oil

sands operator to undertake this

assessment."

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3204

Now, my question is, I take it from this

recommendation is that you don't believe that there

is sufficient understanding of what the cumulative

impacts are, A, to the Muskeg River Basin, and B,

to the downstream on the Athabasca River?

A. We looked at this recommendation and what we were

trying to convey here is what we believe would be a

worthwhile follow-up program. The information that

Shell's provided we believe is adequate for us to

understand what the effects are. It's the

uncertainty that's associated with these

developments that remains. And so from our

perspective, a follow-up program related to the

cumulative effects would be appropriate.

Q. And how significant are those uncertainties? Let

me put it this way. You must think that there are

significant uncertainties because this looks like a

big follow-up project?

A. I think that there are uncertainties that are

multifaceted here. There are uncertainties

associated with changes in flow. There are

uncertainties associated with how existing habitats

function to maintain productivity of the Athabasca

River and how the man-made habitats, the

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3205

compensation habitats will be able to do the same,

and how additional projects in the watershed may

impact attempts at compensating that are already in

place.

So there's just a multifaceted range of

uncertainty that we would like some follow-up to.

Q. Do you think it's important to do this follow-up

work in order to avoid significant adverse effects?

A. The follow-up work would be important to understand

whether the predictions in the Environmental

Assessment were accurate.

Q. And why is that important?

A. So that we can make better regulatory decisions in

the future and adaptively manage this Project if

it's necessary.

Q. And why do you want to adaptively manage, what's

the purpose?

A. Well, our purpose is to maintain the productivity

of fisheries in Canada, so if there were impacts

greater than what had been anticipated by the

environmental assessment, we would be looking to

Shell to offset those impacts attributed to their

Project.

Q. And you wouldn't be making a recommendation like

this unless you thought it was important, right?

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3206

A. I think all recommendations that we made, we did so

believing that they are important.

Q. Okay. And my question is, with DFO as the

regulator and having the primary jurisdiction to

protect fish habitat, could you not make this

condition, this recommendation a condition of the

HADD approval for this Project?

A. Yeah, I believe we could.

Q. Okay. And do you intend to do that?

A. It would be something that we would talk with

stakeholders about, talk with Alberta about, talk

with Shell about, and see what the most appropriate

way of getting at the information required is. I

think, you know, when you stopped just before the

last sentence of that recommendation. And the

alternative there is that there could be other ways

of approaching this other than just Shell doing it

by themselves. And so, you know, we believe it's

important to do. Exactly how it gets done is

something to be determined.

Q. All right. You've already formed the opinion,

though, that it's possible for an individual oil

sands operator to do this assessment?

A. Well, in this particular case, our view is that

Shell is a major contributor to potential for

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3207

cumulative effects in the Muskeg River. And so in

this particular case, it wouldn't be without at

least some merit to consider Shell play at least a

major role in that work.

Q. It's because they have three mines in the Muskeg

River Delta, would that be fair?

A. In the Muskeg River drainage?

Q. Yes.

A. Three presently and one proposed.

Q. Right. Okay, thank you for that clarification.

I have a question about, at page 12 of your

submission, which would be PDF 15, with respect to

indirect habitat loss. I'm questioning my

reference. Sorry, it's the next page, bottom of

the third paragraph, sorry, page 12. The very last

sentence, the third full paragraph, on page 12, PDF

15 says, you're dealing with the issue of changes

to the stream flow in the Muskeg River, and you say

that as a result of the Project, there will be

variations in the flow which will also cause

habitat loss. Would you agree that that's a

general summary?

A. Yes.

Q. And, as a result of that, you calculate that

there'll be 51,244 cubic (sic) metres of alteration

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3208

to or loss of fish habitat, that's the last

sentence?

A. Yes.

Q. Would that be fair to say this is called indirect

loss, habitat loss?

A. What this is is the estimate of losses when the

greatest impact to the Muskeg River would occur in

the Project's life.

Q. Okay. And are these, is this loss of habitat

included in or compensated for in your compensation

plan or in Shell's compensation plan?

A. Yes.

Q. Okay. Now, if I look at page 20, or could you turn

to page 20, you deal with cumulative effects of

water withdrawals in this section. That's PDF 23,

Section 7.1. And in the third paragraph under 7.1,

speaks to the additional water:

"The additional water

withdrawals will result in

reductions in flow in the Athabasca

River that could affect habitat

availability and fish habitat

conditions."

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3209

Do you mean that it could result in loss of

fish habitat?

A. Yes. We believe that water withdrawals may affect

fish habitat.

Q. But my question was, is your concern here that you

could lose fish habitat?

A. Well, water withdrawals, are, you know, an

interesting topic because, you know, the moment you

stop withdrawing the water, the fish habitat comes

back, there's some residual effects of that

occurring. But we believe that withdrawing water

can affect the productivity of the fish habitat.

Q. Now, is that loss of productivity quantified and

included in any compensation plan for any operators

or for the region?

A. No, it's not.

Q. Is it something that could potentially require a

HADD approval?

A. Yes.

Q. Sorry, by HADD, I mean harmful alteration and

destruction of -- I'm missing a D, damage to fish

habitat?

A. Yeah, it's possible that water withdrawals could

impact fish habitat in a way that would require a

Fisheries Act authorization.

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3210

Q. And how would you deal with that when the impacts

are cumulative?

A. Well, there are a few ways. I mean, you could

approach industry to see whether or not regional

compensation or offset could be done. Or you could

invoke a technique that would evaluate what the

overall cumulative effect is and divide it up by

company, depending on their rate of production or

percentage of water withdrawal overall.

Q. Has that been done in other areas in Canada?

A. Not to my knowledge.

Q. Now, I see that Shell's position is that their

water withdrawals will have no detectable effect.

Is the issue here really a cumulative one?

A. Yeah, I believe that water withdrawals on the

Athabasca River are a cumulative issue. Not as

much project-specific. And Shell has committed to

following Phase II of the Water Management

Framework. And in particular, you know, we looked

at low flows being the period where increased

stress to the aquatic environment might occur,

Shell had committed already that they would be

willing to go to 0.2 cubic metres a second water

withdrawal, again reducing the overall impact of

their Project on the aquatic environment.

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3211

Q. And that 0.2 is for all of their mines?

A. Yes.

Q. Okay. Now, with respect to page, turning back to

page 21, you talk about the Water Management

Framework in the second full paragraph. That's PDF

page 24. Now, the second sentence, you say:

"The science suggests that

cumulative water withdrawals, even

when water withdrawals are

restricted, may result in negative

effects on fish habitat."

What restrictions are you talking about?

A. Well, it's basically saying that there are times

when the water withdrawal can affect fish habitat

even when they are withdrawing less than what their

normal demand would be.

Q. Okay. I was just wondering if you're talking about

the levels of restriction that are under Phase I of

the Water Management Framework or what was

considered for the potential Phase II?

A. I think it's just more of a general statement.

Q. Well, under the Phase I Management Framework, would

this sentence still be true, if there was

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3212

restrictions in accordance with that framework, is

there still a risk that there will be negative

effects on fish habitat?

A. Well, our science review of Phase I determined that

there are risks, that there's uncertainty. But

that considering the length of time that we likely

implemented, the risks are not overwhelming and

that it's a sound basis for the time being.

Q. That's what was determined back in 2007; correct?

A. That's right.

Q. And that was before this Project; correct?

A. Yes. But it's based on a system that would include

this Project, so the low-flow water withdrawal

restriction on Phase I, I believe is eight cubic

metres a second that would be in place regardless

of whether this Project was operating or not.

Q. All right. I want to jump over now to a climate

change issue, but this is raised in Environment

Canada's submission at page 39, which would be PDF

page 81. Issue 5.1. Would this be Mr. Bonsal who

wrote this section?

A. MR. BONSAL: Yes.

Q. Good afternoon.

Is it a fair summation here to say that

Shell's -- Environment Canada took several -- did

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3213

not agree with Shell's approach to assessing the

impacts of climate change on the Athabasca River?

A. On the Athabasca River itself? There was a couple

of different areas. There was tributaries to the

Athabasca and the Athabasca.

Q. And you took issue that they took two different

approaches?

A. To both of those, yes.

Q. All right. And maybe I'll just cut to the chase

here. As a result, you concluded that (as read):

"The Environmental Impact

Assessment by Golder underestimated

the range in contaminant

concentrations and predicted

biological effects of the Project."

That's the last sentence on page 39 of the

hard copy.

A. Since the inputs from the climate change

assumptions, the temperature and precipitation are

the driver of the water quality models, yes, that's

the conclusion that we did come to.

Q. I just wanted to understand it. So your conclusion

is that the concentrations of contaminants in the

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3214

rivers could be higher than predicted as a result

of the way the modelling was done by Golder in this

case?

A. Yes, we would agree with that.

Q. Sorry, who is sitting next to you? He seems to be

answering more of the question than you are.

A. MR. BOOTY: Dr. Bill Booty. I'm the

modelling expert who reviewed all the surface

quality modelling work done by Shell.

Q. All right. Thank you. I'll have some questions

for you in a moment, then.

And, as a result, does that apply both to the

Athabasca River and the Muskeg that the approach

that Golder took to modelling climate change could

mean that contaminants in those both rivers were

underestimated?

A. MR. BONSAL: Yes.

Q. Your friend is saying "yes"?

A. MR. BOOTY: Two different models but the

same inputs.

A. MR. BONSAL: I should clarify that I was

looking at the climate model inputs, that type of

modelling. And Bill was looking at the water

quality modelling. So kind of a tandem here.

Q. All right. Thank you.

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3215

And this also means as a result that

predictions regarding the biological impact, and by

that I understand to mean impacts to fish and

benthic invertebrates, could also be underestimated

in the Environmental Impact Assessment; is that

correct?

A. MR. BOOTY: Correct.

Q. Thank you. And does this conclusion at all relate

to the contaminants that are contained in the end

pit lakes that are proposed for this Project, is it

the same modelling and conclusion?

A. No.

Q. Now, that takes me to flow levels in the Athabasca

River. Does Environment Canada agree that flows in

the Athabasca River have been decreasing over time?

A. MR. BONSAL: It depends on what time

period you're referring to.

Q. 1958 to 2009, I believe?

A. The linear trend would show, yes, that they are

decreasing over that time period.

Q. Now, is that the assumption that you think is

reasonable for the purpose of modelling the effect

of climate change or assessing the impact of

climate change?

A. Just to clarify, you mean -what do you mean by

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3216

assumption? Like going into the future?

Q. Well, I guess, let me ask it this other way. Do

you agree that the data indicates that flow, the

flow levels in the river have been decreasing over

a 50-year period?

A. Yes, that's what the data show.

Q. And do you agree that that's associated with

climate change?

A. No, I would not go as far to say that that's

associated with climate change.

Q. What would you say that the cause of that is?

A. There could be a few different causes. If you look

at the actual time series, it's made up of a lot of

different cycles. So there'll be high-flow

periods, low-flow periods, which is just the

natural variability of the region. So that's

within the time series. And then depending on

where you look at the linear trend within that

series, depending on which part of the cycles

you're in, you can get very different answers as to

whether you're having an increasing or decreasing

trend depending on where exactly that time period

is. Does that make sense?

Q. Yes, it does. So in your opinion, the 50 years of

data, does that tell us anything about climate

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3217

change?

A. It may be an indication, but I think, depending on

how far you're going into the future, it might not

be the whole story.

Q. And what would the whole story need to take into

account?

A. In my opinion, you need to take into account global

climate models or climate modelling to see the

future projections of the inputs to flow,

particularly temperature and precipitation, show

for the future period.

Q. Are the models indicating that the effects of

climate change are going to, like, speed up in time

going into the future or become more intense?

A. For certain variables, especially for temperature,

I would agree with you that some of the scenarios

are showing a ramping up of the temperature, not a

linear trend.

Q. Okay. So is it fair, then, fair summary to say

that what we should be most concerned about then is

looking at projected trends into the future rather

than looking at what's happened with flow levels

historically?

A. To properly do a climate change assessment into the

future, I would -- could you repeat that again so I

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3218

got that 100 percent straight.

Q. I'm trying to figure out what the Panel should be

concerned about. Should they be focusing on the

modelling and the inputs into the model in terms of

impacts of climate change on the Project going

forward, as opposed to looking for evidence of

climate change in historical flow levels?

A. Yes, I would say the former is more important in a

climate change assessment. Yes. And that is our

recommendation within our evidence filed.

Q. Now, Mr. Makowecki, I think you were at the first

Jackpine Mine hearing, does my memory serve me

correctly?

A. Yes, that's right.

Q. And 2005?

A. 2003, I think.

Q. Sorry, 2003. And at that time, DFO said it would

make every effort to get an in-stream flow needs

framework in place by 2005?

A. I remember the year, I can't remember exactly the

commitment.

Q. Okay. Well, I think I can short-circuit this by

asking you some questions about a particular

document. I'm going to show you a report from the

Office of the Auditor General of Canada, which is

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3219

dated August, it's about a petition that somebody

named Matt Price submitted to the Auditor General,

August 6th, 2008, about the status of various

recommendations in the oil sands. It includes an

official reply by the Department of Fisheries. And

that's what I'm going to be providing.

Now, at page 12 of that document, using the

page numbers at the top of the page, it starts

actually the bottom of page 11.

A. Mine goes from page 7 to 18.

Q. Okay. Have you got page 11, then?

A. Sorry, it stops at page 7 and then goes all the way

to page 18. So I do not.

Q. My apologies. We have a few pages missing from the

copy. I just gave you my copy.

Now, DFO's response to the petition back in

2008 was twofold: One, that DFO said it would make

every effort to get an IFN in place by 2005; and

secondly, that it was critically important to

mitigate against the cumulative environmental

effects associated with water withdrawals from the

Athabasca River. Is that correct?

A. Yes.

Q. And you agree with me that was the official

position of DFO as of 2008?

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3220

A. Yeah, I think that's what we believe, that is what

we believe today. Having said that, we've learned

a lot about the impacts of this industry by itself

on the Athabasca River in recent times.

Q. I hope so because you've been studying it for a

long time.

A. I know.

Q. So as a result of following up on a first Jackpine

Mine hearing in 2006, the Interim Framework was put

in place; is that correct?

A. Phase I of the Water Management Framework?

Q. Yes.

A. Yes.

Q. And work on Phase II began in 2007?

A. Yes, I think that's right.

Q. And then when we were at the Joint Review Panel

hearings for the Imperial Oil Kearl Project, you

were there as well; correct?

A. I was.

Q. And at that time the Panel recommended that DFO,

Alberta Environment, industry and stakeholders

devote the resources, staff and funding to ensure

Phase II would be implemented by January of 2011.

Is that a fair representation of the Panel's

recommendation?

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3221

A. Yes, I think so.

Q. All right. And at page 18 of the document I gave

you, DFO's response to Matt Price's petition, DFO

said it was working to implement the Phase II

Framework by 2011. Sorry, that was on page 19. It

doesn't matter if it's in that document. If you

remember, that that was DFO's plan at one time?

A. Yes, I believe that was our plan.

Q. There was a consultation process with stakeholders

that was undertaken to develop the Phase II, and

that consultation process was completed in

February of 2010; is that correct?

A. Yeah, I wouldn't characterize it as a "consultation

process," although it included a wide range of

stakeholders. It was really the science work that

went into understanding how water withdrawals might

affect fish and fish habitat as well as the

economics of the impacts that might occur as well

as impacts on the socio-economics.

Q. There was tables of stakeholders who tried to come

up with a consensus recommendation on the Phase II;

is that correct?

A. That's right.

MS. BUSS: I'm wondering before I move

on, Mr. Chairman, if we could mark the excerpts

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3222

from the DFO's Response to Matt Price's Petition of

2008 to the Auditor General.

THE CHAIRMAN: And you'll get us corrected

copies?

MS. BUSS: Sorry?

THE CHAIRMAN: You said there are pages

missing.

MS. BUSS: Yes, and I'll provide you a

full copy for the record.

THE CHAIRMAN: We'll reserve 017-046.

EXHIBIT 017-046: OFFICE OF THE AUDITOR GENERAL

OF CANADA, PETITION

Q. MS. BUSS: All right.

I have as well, for you, Mr. Makowecki, a

copy of the, a summary of the Science Advisory

Report that was undertaken by DFO in response to

one of the proposals in the Phase 2 Framework.

You're probably intimately familiar with it, but I

will give you a copy.

This is a summary, is it not, Mr. Makowecki,

of the Scientific Evaluation of Environmental Flows

that DFO undertook in 2010?

A. It appears to be.

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3223

Q. And is it accurate that although uncertainty still

remained around what constitutes an EBF, which I

understand to be an Ecological Base Flow, there was

concurrence that a flow should be established for

the Lower Athabasca River below which there would

be no water withdrawals. Is that a fair statement

from the conclusion of the Scientific Advisory

Evaluation?

A. I think the group agreed that continued work should

happen to further attempt to define that number,

yes.

Q. But there was general agreement that a flow should

be established below which no water withdrawals

would be permitted?

A. I think the general agreement was that there

probably is a number somewhere that would represent

a flow below which no water withdrawals should take

place.

Q. And this was the participants in the Scientific

Review; correct?

A. That's correct.

Q. And the Scientific Review participants also agreed

that the flow should be established on a

precautionary approach?

A. Yes, that's true.

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3224

Q. And the participants in this Scientific Evaluation

would have been scientists; correct?

A. For the most part. Yeah, for the most part.

Q. All right. And now here we are in November of 2012

and there's still no Ecological Base Flow for the

river; is that correct?

A. That's right. Today we don't have an EBF in place.

So one of the things, though, that is probably

worth elaborating on is that the work that was

done, put some I guess readjusted our, the concern

we had with requiring one. I think when we look at

some of our responses, even what you had provided

earlier in response to the Office of the Auditor

General, and the way Panel had looked at the

evidence provided in 2006, there was some concern

that the industry, as we had it then and was likely

to come very shortly, would and could withdraw

water to a point where we would -- or basically

there'd be an impact to the river that would be

irreversible.

I think we did a lot of work, a lot of good

work with a broad range of people with some very

good skills and expertise, a lot of good science,

and we determined that with a growth scenario that

we were evaluating, which is an oil sands industry

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3225

that's larger than the Project that we have in

front of us today would contribute to, that there

would be, that there's time to figure that out.

And even still, we had, although we couldn't

come to a specifically science-based number, that

we would specifically ramp down water withdrawals,

we got to a point where, for all intents and

purposes, that recommendation would include an

Ecosystem Base Flow for all new operators.

Q. Okay. And this was the second Scientific Review of

the In-Stream Flow Needs for the Athabasca River;

correct?

A. Yes.

Q. There was one prior to release of Phase I; correct?

A. That's correct. I'm referring to the one I believe

you gave me the summary for.

Q. Yes, the second one in 2010.

And both Scientific Reviews recommended a

minimum flow level be established; correct?

A. Yeah, both recommended that work be undertaken to

determine where an EBF might need to be placed.

Q. Well, in fact, if I recall correctly, your Science

Review Panel back in 2006 recommended that

particular number; is that correct?

A. I'd have to double-check that. I don't recall

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3226

that.

MS. BUSS: All right. Well, I would be

happy to take that as an undertaking; to confirm

that, back in 2006, the Scientific Review or

evaluation undertaken by DFO, recommended an EBF

number.

UNDERTAKING 40: TO CONFIRM THAT, BACK IN 2006,

THE SCIENTIFIC REVIEW OR EVALUATION UNDERTAKEN BY

DFO, RECOMMENDED AN EBF NUMBER

Q. MS. BUSS: Mr. Makowecki, do you agree

that it would be precautionary to have such a

number?

MR. LAMBRECHT: I just want to make sure that

the witnesses are content with the undertaking as

it was framed.

A. MR. MAKOWECKI: I think so.

MR. LAMBRECHT: All right, thank you.

A. It would be precautionary to have a number.

Q. MS. BUSS: Thank you. At page 17 of

your submission, there's a discussion regarding the

Compensation Lake. And it's at PDF page 20. And

there's a discussion about in the third paragraph,

it says:

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3227

"DFO is aware of methyl

mercury issues associated with

constructed waterbodies."

And then in the next paragraph you say:

"Based on the literature

about boreal forest reservoirs,

elevated mercury in fish tissue

lasts a maximum of 20 to 30 years

without the implementation of

mitigation measures."

And then you go on to talk about the

mitigation measures which include: Removing large

bodied fish from the lake; removal of terrestrial

vegetation; and the temporary isolation of fish

until mercury levels subside.

What do you mean by the "temporary isolation

of fish"?

A. Well, what we meant, I guess, was that the fish

could be contained within the no net loss lake, so

they wouldn't be moving downstream into other

environments where people might be fishing them.

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3228

Q. Okay. And fishing them would be prohibited in the

lake?

A. Well, we don't set the rules around that. I think

that what would happen is people would be aware of

what mercury levels would be. So it would be our

intention, if we could, advise those that would

actually be able to restrict access is to actually

restrict access not only for this potential issue,

but for our ability to assess the productivity of

the lake prior to unmeasured harvest.

Q. Is it true that removing the terrestrial vegetation

would not have a significant effect on the mercury

levels?

A. I'm certainly not an expert in mercury, and so

we've taken information from Shell and, you know,

this is their proposal and we have no reason to

believe that the information they've provided us

isn't accurate.

Q. Well, Mr. Berryman, do you know something about

whether the removal of vegetation from a

Compensation Lake would have any significant impact

over the mercury levels?

A. MR. BERRYMAN: I'm not a mercury expert,

but I would imagine removing -- well, Shell

proposes removing this vegetation to help decrease

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3229

the amount of mercury that would be uptaken into

fish throughout time. And I'm not sure if there's

a timeline associated with that.

Q. Would it be fair to say, then, that mercury would

continue to be an issue for 20 to 30 years

regardless?

A. MR. MAKOWECKI: The literature that we've

looked at and I think that Shell's looked at

suggests that that would be 20 to 30 years without

the implementation of any mitigation measures. So

there were things proposed. I'm not sure that we

can comment on the effectiveness of those

mitigation measures specifically, but as far as we

understand, Shell's proposal to remove vegetation

as well as remove large-bodied fish would

contribute potentially to shorter periods of time

of maximum elevated mercury levels.

Q. Okay. So the jury's out, would that be fair to

say, we don't know what effect these mitigation

measures would have, or you don't know, apparently?

A. I think it's fair to say that we don't have

specific expertise. There seems to be some body of

work on the subject, though, that would suggest

that there's some knowledge that would conclude

that there are in fact some mitigation measures

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3230

that would minimize or reduce the longevity of

methyl mercury in the lake.

Q. Well, before approving this proposed lake as

compensation, is this something that DFO is going

to find out?

A. Well, it's a Draft No Net Loss Plan, and we would

continue to work with stakeholders in the region

and continue to ask questions. I think there's,

you know, new information all the time, as we have

been discussing here today, and so some of that

information might generate new questions from our

perspective.

But what we understood as the potential for

mercury in this lake is that it's manageable and

that the amount of time we'd expect mercury to be

elevated is within a range of time that we would

likely expect there to be ongoing work and study to

determine the actual productivity of the lake prior

to it being open for public consumption of fish.

Q. I'm just surprised that you don't have the

expertise, though, to opine on that, you've told us

already that nobody has that information in DFO?

A. There are some scientists that we can access. And

inside DFO, outside DFO, academics, as well as

folks in Environment Canada. So we would look at

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3231

employing all those options to gather information.

Q. Is it true, then, that we don't know whether the

fish habitat loss from this Project will be

compensated yet?

A. Well, we believe that it will be compensated for as

long as monitoring is undertaken to demonstrate

what the effectiveness of compensation ends up

being and that Shell commits to following up if

impacts are greater than first anticipated.

Q. But I thought you said you were going to consult

with stakeholders first about this plan?

A. I don't believe my answer precluded that.

Q. Okay. So you're going to consult with them. And

what if the end of the consultation is that a

Compensation Lake isn't a good idea because of

mercury or whatever reason?

A. Then we would look for other options to compensate.

Q. What are those?

A. Well, there's a hierarchy of preferences, including

stocking. So we could move the compensation

outside of this area to -- there are other options

to compensate in this area. This isn't the first

compensation proposal. So there are -- so

there's -- there are options.

Q. Like putting more fish in existing lakes, is that

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3232

what you mean by stocking?

A. Yeah, putting more fish into the Athabasca River,

into existing waterbodies, that is one option.

Q. That's an option for how many, 18,000, how many

square kilometres of fish habitat do you need to

replace?

A. Well, it's not, strictly, simply just a number. We

determine the value of that habitat based on the

species that are present through habitat

suitability models. But it...

Q. It's a large amount of habitat replacement?

A. It is a large amount.

Q. And is it conceivable that that could be replaced

by fish stocking?

A. You know, I think they stock fish on the Pacific

Coast for fishing in the ocean, so I suppose, yes.

Q. The ocean's a bit bigger than the Athabasca River,

right?

A. Exactly.

Q. Okay, so those other options haven't been

evaluated?

A. The other options haven't been evaluated.

Q. Okay. And the period of time that mercury may be

elevated in the lake, assuming one is built, over

the next 20 to 30 years, during that time, does

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3233

that lake count as habitat compensation?

A. If it's not able to contribute downstream, in that

we have to isolate fish to ensure that they are

maintained, then that would go against the value of

it at that time. Which is why compensation ratios

aren't, you know, specifically 1:1, there's lots of

uncertainty.

Q. But does it become fish habitat when the fish are

fit for consumption?

A. Yes.

Q. Okay. So there's a period of time, maybe 20-30

years when the habitat and fish that are lost by

this Project won't be compensated for in making

another fishery available?

A. Well, it would depend on the monitoring results and

whether or not the fish have to be isolated.

Q. But for so long as their mercury levels are

elevated?

A. That's right.

Q. Okay. Now, I want to turn to some questions about

RAMP. I understand that DFO is a member of the

Steering Committee of RAMP; is that right?

A. We are, yes.

Q. Who particularly is on it?

A. Marek Janowicz, yes.

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3234

Q. I'm sorry if I'm mispronouncing your name. Good

afternoon.

A. MR. JANOWICZ: Good afternoon.

Q. Now, one of the objectives of RAMP is to monitor

the aquatic environment in the Athabasca Oil Sands

Region to detect and assess cumulative effects and

regional trends; is that correct?

A. I think that's what it states in the terms of

reference for this group.

Q. And have you reviewed Shell's Environmental Impact

Assessment for this Application?

A. Within my area of expertise, yes.

Q. And is it true that RAMP data informs a lot of the

predictions with respect to aquatic impacts in

Shell's EIA?

A. I think it informs the predictions, but to

quantify, I'm not really sure I can do that.

Q. Okay. Now, I would like you to turn to page 22 of

DFO's submission, PDF 25, Section 7.2.

A. MR. MAKOWECKI: Just on this pause, I just

wanted to make sure I answered the question that

you asked me just before you moved on to RAMP

properly. And I think I heard the word "elevated"

or "isolated", sorry, when you said the word

"elevated".

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3235

Q. Yes.

A. So your question as to whether or not it would

count as far as compensation goes, if the fish were

isolated and unable to contribute to the natural

ecosystem, then that wouldn't be considered very

effective compensation. There's no doubt about

that.

If the fish were elevated in some way but

still able to contribute to the productivity of the

natural ecosystem, then we would consider that

compensation.

The fish in the natural ecosystem today have

elevated levels of mercury.

Q. Okay. So these fish would be considered

compensation in the Compensation Lake provided they

don't have higher mercury levels than what would be

found in fish in comparable lakes; would that be

fair?

A. Well, what we would look at is we would request

advice on human consumption guidelines and

advisories and we would make decisions around that.

Q. Okay. So unless they are fit to eat, they are

going to have reduced value as compensation; is

that correct?

A. That's fair.

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3236

Q. Okay.

A. But it is related to the ability to provide

productivity to the natural ecosystem.

Q. Okay. I'm turning to page 22 of your submissions,

subsection 7.2, fourth paragraph. Have you found

that?

A. Yes.

Q. Okay. It says that:

"Assessing the influence of

oil sands development on the status

of commercial, recreational and

Aboriginal fisheries and the fish

and fish habitat that support them

is challenging. The review of the

monitoring information to date

indicates there is limited spatial

coverage within the fish population

dataset, a lack of reference areas

and sites, a limited number of

years of information gathered and

the complication of alterations to

the sampling design between years.

These factors make it difficult to

establish the level of natural

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3237

variability of fish populations at

the regional level."

Now, when you're speaking about in this

paragraph "the monitoring data to date," are you

referring to RAMP data?

A. MR. JANOWICZ: That includes RAMP data.

Q. And Alberta Environment data?

A. Yes.

Q. Now, are you familiar with the Auditor General's

Report 2001, he had a chapter where he audited the

assessment of cumulative environmental impacts on

oil sands projects between 1997 and 2007?

A. You're talking about 2001 report or 2011?

Q. No, I believe I misstated the date. No, it's dated

October 2011.

A. Okay.

A. MR. MAKOWECKI: We're familiar with that.

MS. BUSS: Mr. Chairman, I failed to

make a note as to whether I had marked the DFO

Scientific Evaluation of Phase 2 Water Management

Framework summary page as an exhibit.


EXHIBIT 017-047: SCIENCE ADVISORY REPORT

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3238

2010/055, SCIENCE EVALUATION OF INSTREAM FLOW

NEEDS (IFN) FOR THE LOWER ATHABASCA RIVER

MS. BUSS: And before I forget, I'm

wondering if we can mark the next exhibit right

away, which is October 2011 Report of the

Commissioner of Environment and Sustainable

Development. Sorry, I misdescribed this report to

the witness. And it's Chapter 2, Assessing

Cumulative Environmental Effects of Oil Sands

Projects: Published by the Office of the Auditor

General of Canada.


EXHIBIT 017-048: CHAPTER 2, ASSESSING CUMULATIVE

ENVIRONMENTAL EFFECTS OF OIL SANDS PROJECTS

Q. MS. BUSS: Now, Mr. Janowicz, would

you be so kind to confirm that this was a review of

the effectiveness of the Department of Fisheries

and Oceans and Environments Canada's assessment of

major Oil Sands Projects from 1999 to 2007, in

other words, from Suncor Millennium Mine to the

Kearl Project?

A. Well, I am not that familiar with this report to

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3239

confirm that. Definitely we've participated in the

audit and we responded to questions that were

posted by the Office of the Auditor General.

Q. Okay. I'll find that reference. It's stated in

the documents.

Anyway, you don't have any reason to believe

that's not what it's about?

A. No.

Q. Sorry, page 81 of the document, the last page I

handed you. There's a section it says "period

covered."

A. Okay.

Q. And I take it, then, that you participated,

Mr. Janowicz in this audit?

A. Yes.

Q. Now at page 62, there's a statement under a heading

"Why it's important". Would you mind reading that

paragraph out for us.

A. Okay.

"Considering cumulative

environmental effects as part of

the environmental assessment

process is important to protect the

environment in areas where multiple

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3240

large-scale projects operate or are

planned. Assessing cumulative

effects requires information on

potentially affected ecosystems,

including baseline information and

the carrying capacity of given

terrestrial and aquatic ecosystems,

so that federal authorities can

appropriately analyze the

environmental effects of a project

in relation to other projects.

Failure to predict cumulative

environmental effects and

incorporate appropriate mitigation

measures into the design and

implementation of a project before

the project is constructed can lead

to a significant environmental

degradation as well as increased

costs."

Q. And when it refers to "carrying capacity of given

terrestrial and aquatic ecosystems," what does that

refer to?

A. I guess in general terms, how much the ecosystem

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3241

can withstand changes until they are irreversible,

or significant.

Q. All right. And that's one of the reasons that

baseline information is gathered; is that correct?

A. In the real world, yes.

Q. Now, the conclusion of the report or the Auditor's

Report is in the next paragraph. And what he found

was, or she found:

"Incomplete environmental

baselines and environmental data

monitoring systems needed to

understand changing environmental

conditions in northern Alberta have

hindered the ability of Fisheries

and Oceans Canada and Environment

Canada to consider in a thorough

and systematic manner the

cumulative environmental effects of

oil sands projects in that area."

Did DFO agree with that assessment?

A. MR. MAKOWECKI: I think in a general sense we

agree with that.

Q. I believe that your department accepted all of the

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3242

Commissioner's recommendations?

A. I believe so.

Q. And did this problem of incomplete baseline and

environmental data monitoring systems, did that

also affect your submission for this Project?

A. What do you mean "affect"?

Q. Well, the incomplete environmental baselines and

the environmental data monitoring systems needed to

understand the changing environmental conditions in

northern Alberta, that gap still exists as of

today; correct?

A. There are components that we don't fully

understand. For example, the Muskeg River in the

'80s seemed to have significantly more grayling

going up than it does today. And it's not fully

understood as to why. We don't know that we have a

good understanding of what the baseline was in the

'80s. However, we do have good information today

to understand the fisheries resources that

currently exist in the Muskeg River. And so as a

baseline condition of using that as today's case,

we believe we understand how this Project is likely

to impact the fishery's resources in the area that

will be disturbed.

Q. But this paragraph, the finding of the commission

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3243

related to the cumulative environmental impacts of

oil sands projects?

A. Right. And so I'd go back to arctic grayling and

say that, you know, the cumulative effect of oil

sands projects has the potential to impact arctic

grayling in a way that we don't fully understand,

because I don't believe we fully have a good

baseline set for the distribution of arctic

grayling in north-eastern Alberta, for instance.

Q. Okay, so that's one example. But you agree with me

that not only this report, but several others,

have, around the same time period, identified

pretty significant deficiencies in baseline

environmental data monitoring that's informed the

environmental assessment work in the oil sands up

to date? We can look at the next one if you want.

For example, the Oil Sands Advisory Panel to the

Federal Minister of the Environment came to a

similar conclusion, did it not?

A. I'd let Environment Canada comment on that.

Q. Okay. So you haven't reviewed it?

A. That panel report?

Q. Yes.

A. I've looked at it briefly. I wouldn't say that --

if you ask me a question about it and turn me to a

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3244

page, I may have an answer. But there are better

people here.

Q. I will ask Environment Canada. I was just

surprised, because being on the Steering Committee

of RAMP -- I'm sorry, Mr. Janowicz. That report

would have been read by the Steering Committee, I

would assume; is that right, Mr. Janowicz?

A. MR. JANOWICZ: I can't speak for the other

members of the Steering Committee, but definitely

we looked at this report. And you know what, at

the same time there were like two or three

different reports, I don't remember which one is

which, sorry. But it's very hard to disagree with

Advisory Panel. It was basically people that were

on the panel were, like, very respected scientists,

so I'm not going to disagree.

Q. Okay. Now, did Environment Canada accept the

findings and conclusions of the report of the

Commissioner of Environmental and Sustainable

Development in this Report of October 2011?

A. MS. BARANIECKI: I believe we did.

Q. Now, I understand that some measures have been put

in place to fix these deficiencies identified. And

one of them might be this joint, new joint

monitoring program. Now, is there any others?

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3245

A. I guess maybe this might be a good point in time,

Mr. Chairman and Panel Members, to just I guess

confirm that I think the monitoring plan is a very

comprehensive program that's being established and

implemented right now, meant to address obviously

these recommendations that came out of a number of

reports pointing to the need for increased baseline

data in order to understand the impacts and

understand what's going on on the landscape within

a cumulative and a regional scale. So I would say

that, yes, in fact, in response to a number of

these reports, Environment Canada and obviously

working with Alberta as a joint plan, have been

working very hard to implement this program in --

Q. Can I just stop you a minute. My question was was

there any other response? Are you going to get to

that question, other than any other action taken

other than this joint, new joint monitoring plan?

A. I'm not sure --

Q. To respond to this report and the others like it.

A. I think that question, it's a bit difficult to

answer in the sense that, what I was about to get

to, as that joint monitoring plan, there's a number

of components. So it would be I guess not accurate

to say that that's the only thing because in fact

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3246

it's a large comprehensive plan with a number of

facets.

Q. So it's the only thing but it's a big thing?

A. I guess that would be a fair characterization.

Q. Okay. And that is a plan at this stage that's in

the process of being operationalized over the next

few years?

A. MS. CHAMBERS: It is operational at the

moment. The joint plan between Canada and Alberta

was approved I believe it was in February of 2012.

And we began implementing that plan, bits and

pieces had already been started before then under

other research auspices, and of course there'd been

some monitoring on behalf of Environment Canada

that had been going on for decades.

The plan was really needed to bring all these

disparate bits together and to join them and to

thread them together into a unit so that we could

make cumulative effects assessment.

And so in that regard, the plan has started

being implemented in the last, well, in this past

spring, and continues to be rolled out over the

next couple of years.

Q. Has the on-the-ground monitoring changed yet?

A. Oh, yes. I mean, our Minister, Minister Kent was

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3247

out -- I met with his counterpart from Alberta in

July and went to a number of the sites where we had

implemented new monitoring, installed new devices,

and had new work going on.

Q. And those were installed in 2012?

A. Yes.

Q. Okay. And so the results of that work has not been

incorporated in the Project Review for the JPME

Expansion?

A. Came at too late a point.

Q. Okay. So I just handed you the report submitted to

the Minister of Environment. I believe at that

time it was Minister Prentice who commissioned this

report; is that correct?

A. I can't say for sure.

Q. He appointed the Oil Sands Advisory Panel chaired

by Liz Dowdeswell?

A. Dowdeswell.

Q. And they produced a report entitled "The Foundation

for the Future: Building an Environmental

Monitoring System for the Oil Sands"?

A. MS. BARANIECKI: Just one quick point of

clarification, it was Minister Baird who actually

accepted the report, but.

Q. Okay, because Prentice had left by that point?

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3248

A. Yes.

Q. This was his last act. Maybe end of a chapter

anyway.

MS. BUSS: So may we mark this as an

exhibit, I think we're on 049, Mr. Chairman.

THE CHAIRMAN: That's right.

EXHIBIT 017-049: OILSANDS ADVISORY PANEL, "A

FOUNDATION FOR THE FUTURE: BUILDING AN

ENVIRONMENTAL MONITORING SYSTEM FOR THE OIL SANDS"

Q. MS. BUSS: Now, it sounds like

Dr. Chambers might be the most informed with

respect to this report. Could you turn to page 33.

A. M'mm-hmm.

Q. Okay.

A. MS. CHAMBERS: Okay.

Q. And the first paragraph, it starts with the

sentence:

"We observed that while on

the surface the multi-stakeholder

approaches often appear equitable

and balanced, they lack clearly

defined and recognized and accepted

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3249

leadership. An holistic and

systemic perspective, a clearly

focused set of objectives, and a

statistically sound decision-making

process that can allow for adaptive

management in a rapidly changing

oil sands environment does not

exist."

Now, does Environment Canada agree that that

last sentence sets out the criteria that must be in

place in order for adaptive management to work?

A. So you're asking, then, does adaptive management in

order to be successful require a holistic and

systemic perspective, clear set of objectives,

statistically sound decision-making process?

Q. Yes.

A. I would say that's a good portion of what adaptive

management requires.

Q. And what's the other portion?

A. It doesn't talk about the data and data collection

and those actual on-the-ground parts.

Q. That getting those done systematically and getting

it done right --

A. Holistically, yes, is very important.

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3250

Q. And those are all prerequisites to adaptive

management?

A. You mean the data acquisition, yes, it's imperative

for adaptive management.

Q. And then skipping to the third paragraph, it says:

"While some of the elements

of an integrated, coordinated

system can be seen working in WBEA,

and to some extent in CEMA, they

were most noticeably lacking in

RAMP."

And then it goes on to say that:

"... it was not designed to

be systemic, holistic or adaptive",

and there was "little integration

across media or with other

organizations..."

And it has in that paragraph a whole series

of deficiencies, including that:

"The program suffers from a

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3251

lack of scientific leadership, it

is not focused on hypothesis

testing (i.e., the sampling program

design is not effects based). It

is not producing world-class

scientific output in a transparent,

peer-reviewed format and it is not

adequately communicating its

results to the scientific community

or the public."

Now, that would indicate that adaptive

management capability is hampered if one just

relied on the RAMP program; correct?

A. Yes, that's correct.

Q. And if we turn over to page 34, the first full

paragraph, that says:

"In addition to the

established monitoring programs,

there are significant

academic-based environmental

research activities concerning

water quality in the oil sands

region. Several of these studies

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3252

have produced important results

that challenge some of the

assertions made by some of the

ongoing monitoring efforts. The

inability of the institutional

monitoring programs to explain the

water quality issues raised in the

research is of concern."

Now, it would appear that the Scientific

Review Panel who wrote this report thought that the

scientific research was important to take into

account. And would you, Environment, agree that

it's important for this Panel to be informed about

and consider the scientific research that is being

conducted and is being published related to oil

sands?

A. This report says that it's "significant

academic-based environmental research," and I would

certainly agree with that.

Q. And would you agree that it would be wise for the

Panel to rely not just solely on consultants'

reports?

A. I think we've got to make best use of all the

knowledge that's available to us in the region and

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3253

applicable knowledge from outside the region.

Q. Now, both Environment Canada and DFO are

participants in CEMA; is that correct?

A. That's correct.

A. MS. BARANIECKI: Yes, that's correct.

Q. Now, there was a recent letter from the Canadian

Association of Petroleum Producers that was sent to

Minister McQueen for Alberta and to Minister Kent

for the Federal Ministry of Environment. I believe

you've seen this letter?

A. No.

Q. Sorry, I meant to provide a copy yesterday. Can

you confirm if anybody on your panel has seen this

letter before?

A. No.

Q. You might have to answer this by undertaking, then.

If you look at page 2 --

A. MR. MAKOWECKI: I didn't have a look at the

letter.

Q. Again, I seem to have run out of copies.

A. So I'm familiar with that letter. I think it was

reported on in the media at the time of its

release.

Q. Besides your personal familiarity, has it been

considered by Department of Fisheries and Oceans?

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3254

A. If my perspective is that the letter generally

expressed concern about the role of RAMP in the

region, then we have considered that concern. And

DFO believes that -- sorry not RAMP, CEMA. DFO

believes that a regional group made up of

multi-stakeholders is important. Whether it should

be CEMA, you know, forever, it is to be debated, I

suppose. But the idea that a multi-stakeholder

group be available to government to work on

developing solutions is something we support.

Q. Okay, well, in this letter at page 2, second

paragraph from the bottom, it says, referring to

CAPP:

"However, we do not see the

merit in continuing roles for both

CEMA and RAMP and we encourage

Alberta to wind down these

particular entities as

expeditiously as possible. This is

important to assure appropriate

oversight, as well as cost

management and efficiency."

So does DFO have a position on that

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3255

recommendation to wind down CEMA and RAMP?

A. We just have a position related to the importance

of having a multi-stakeholder group in the region

which we can consult with and discuss issues and

develop solutions.

So as it relates specifically to the

recommendation on those two groups, we haven't

considered whether or not in particular that that

should or shouldn't happen, but we believe that

there needs, if it were to be contemplated by

Alberta, we do believe a substitution of some kind,

another forum for that type of discussion, should

be --

Q. With respect to cumulative effects, you mean, or

anything else in particular?

A. Specifically related to environmental effects. I

mean, specifically from our perspective, effects

related to impacts on commercial, recreation or

Aboriginal fisheries.

Q. Now, this letter was specifically addressed to

Environment. Can you undertake to advise us,

Ms. Baraniecki, whether Environment Canada agrees

with this request?

A. MS. BARANIECKI: So just to confirm, this is

the statement there with respect to winding down

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3256

RAMP and CEMA. We could certainly confirm the

position on that, but I mean, we do participate in

CEMA right now, and our position on that is, while

there continues to be value and if Alberta

continues to feel that that's an appropriate

mechanism, we're prepared to continue to

participate in CEMA to the best of our ability

related to our scientific expertise and advice that

we can provide.

But we could certainly undertake to determine

what our departmental view is with respect to this

comment in the letter.

UNDERTAKING 41: WITH RESPECT TO THE LETTER FROM

THE CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS

THAT WAS SENT TO MINISTER MCQUEEN FOR ALBERTA AND

TO MINISTER KENT FOR THE FEDERAL MINISTRY OF

ENVIRONMENT, THIS LETTER WAS SPECIFICALLY

ADDRESSED TO "ENVIRONMENT"; THEREFORE, TO ADVISE

WHETHER ENVIRONMENT CANADA AGREES WITH THE

LETTER'S REQUEST

Q. And it would be useful to know firmly from DFO what

their position is. Because I believe it's a

condition, isn't it, of a number of permits from

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3257

your department, that proponents participate in

RAMP?

A. MR. MAKOWECKI: Regional initiatives, I

believe. You know, I think we were careful to not

specify one particular program or another because

it's, you know, times change, titles change. But

we believe it's important, as stated before, that

opportunities to discuss issues with regional

stakeholders be available.

Q. Thank you. I think I understand your position. So

there's no undertaking with respect to DFO, then.

The other thing that I wanted to ask about is

on page 1 of that letter, second paragraph from the

end that begins with:

"A second and important

rationale for the monitoring

program is to provide public

assurance that the oil sands are

being developed in an

environmentally responsible

manner."

And then the third sentence, it says:

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3258

"It is extremely important to

provide authoritative perspective

on the meaning of the monitoring

data, as it would be extremely

unhelpful if this analysis is left

to misinterpretation and

speculation."

Now, my understanding is that the new

monitoring program is intended to be transparent

and the data publicly and readily available to

anyone?

A. MS. CHAMBERS: That's true.

Q. And so can you give us some assurance that the data

will not be "authoritatively interpreted" before

it's released?

A. Well, I can say two things: The data will be

released in the, if you will, the raw data, the

validated raw data, so there'll be various chemical

measurements that are released, flows of rivers,

whatever data we have of that nature, will come out

and be available to anyone who wishes to download

the information and do their own analysis of the

data; at the same time, the data, well, not

necessarily at the same time, let me correct

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3259

myself. At some point once the data are validated

and released, they'll also be analyzed by

Environment Canada scientists and interpretive

reports produced as well. So there'll be at least

two different ways in which the data will be

provided. In both, it's uninterpreted form, if you

want to call it that, versus an interpreted form in

terms of reports and papers.

Q. Now, one of the things I read in your submission,

Environment Canada, was that this joint, new joint

monitoring plan does not include compliance

monitoring for individual project operators. Is

that a final decision by Canada?

A. Yes, compliance monitoring is undertaken generally

to respond to monitoring that's laid out in

permits. And so the industry undertakes to do the

monitoring that's part of its permit is generally

the way this works.

Q. It's not part of your joint monitoring plan?

A. MS. BARANIECKI: Just had one kind of point to

add to that. However, like, we do make a number of

recommendations regarding the site-specific

monitoring and that data would be integrated within

the data, I guess the realm of data that 's being

collected under this monitoring plan. So I guess

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3260

we'll just -- I think Dr. Morrison has something

else to add.

A. MS. MORRISON: I would say that we are

not doing compliance monitoring under the joint

plan. Compliance monitoring, our interpretation of

it, is that would be facility-specific monitoring

to address facility-specific concern. And the

monitoring that we are doing is trying to assess

the cumulative environmental impact of the

development that's going on in that region in

general, so it is more sector-specific rather than

facility-specific.

Q. Because in this letter from CAPP, they are

requesting to have all their approvals amended for

the operators to remove their requirement to do

compliance monitoring. So I'm wondering if there's

potential then for the scope of the new joint

monitoring plan to change, or is that carved in

stone that it won't be doing compliance monitoring

for the oil sands industry?

A. We'll have to do an undertaking on that, I think.

Q. All right. So Dr. Morrison has undertaken to

advise whether this is a firm feature of the

monitoring program, joint Federal/Provincial

monitoring program, not to include compliance

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3261

monitoring. And that CAPP's request that it do so

is not currently being entertained.

UNDERTAKING 42: DR. MORRISON HAS UNDERTAKEN TO

ADVISE WHETHER IT IS A FIRM FEATURE OF THE

MONITORING PROGRAM, JOINT FEDERAL/PROVINCIAL

MONITORING PROGRAM, NOT TO INCLUDE COMPLIANCE

MONITORING AND THAT CAPP'S REQUEST THAT IT DO SO

IS NOT CURRENTLY BEING ENTERTAINED

A. MS. BARANIECKI: So Ms. Buss, so just to

confirm, obviously that was one question. And I

believe we're still -- you're still interested in

the other question with respect to CEMA? That we

had discussed earlier? I think so we've got kind

of two together with respect to this letter. Is

that my understanding?

Q. Oh, yes, and then there was an earlier question as

to what Environment Canada's position was on,

whether they support or approve or take no position

on the request to wind down CEMA and RAMP.

A. Okay.

MS. BUSS: Might we mark the CAPP letter

as the next exhibit, Mr. Chairman?


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3262

EXHIBIT 017-050: CANADIAN ASSOCIATION OF

PETROLEUM PRODUCERS, LETTER DATED SEPTEMBER 7,

2012 TO MINISTER MCQUEEN AND MINISTER KENT

THE CHAIRMAN: Ms. Buss, how much more do

you have?

MS. BUSS: Not very much, fortunately.

I probably have 20 minutes to half an hour. I

would be really grateful if we could have a

five-minute break, though.

THE CHAIRMAN: Well, we need to take a break

for dinner. So if we could do that.

MS. BUSS: Certainly, so we will be

sitting into the evening, then?

THE CHAIRMAN: I think we need to.

Mr. Lambrecht, is your panel prepared to

continue on?

MR. LAMBRECHT: Yes, sir.

THE CHAIRMAN: Thank you very much.

And Mr. Murphy, you would be next for

questions.

MR. MURPHY: Yes, that's correct,

Mr. Chairman. My colleague, Jenny Biem, and I are

going to try and divide the questions up.

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3263

Depending on how long Ms. Buss takes, we can

certainly get started with that this evening.

THE CHAIRMAN: Thank you. All right, so

we'll be back at 6:00 p.m.

(The Dinner Adjournment)

(The Hearing Adjourned at 5:08 p.m.)

(The Hearing Reconvened at 6:00 p.m.)

THE CHAIRMAN: Good evening. So our plan

was to go to about 8:00 p.m. So would you like to

continue, Ms. Buss.

MS. BUSS: Yes, and before I start, I

wanted to address a housekeeping matter before I

forget. With respect to Dr. Schindler's departure

before his questioning was concluded, I had

addressed this with Shell. And his only

availability is for next Monday. And in the event

that the hearing concluded by Friday, which appears

likely at this stage, Shell was content to put in

rebuttal evidence to address Dr. Schindler's

evidence without the need to call him back.

But I raise this in the event that the Panel

wanted to ask questions in which case we'd have to

address that. So I will just leave that with you

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3264

at this stage.

THE CHAIRMAN: One possibility would be, if

we have any questions, to do that in writing.

MS. BUSS: Yes, that would be another

possibility.

THE CHAIRMAN: We'll let you know.

MS. BUSS: Thank you, sir.

Q. Now I'm turning to the question of hydraulic

modelling uncertainties at page 35, which is PDF

page 77 of Canada's submission, Exhibit 005-020.

And would that be you, is it Dr. Bonsal?

A. MR. BONSAL: Just looking for a copy of

it, just a moment.

Q. At page 35 of your submission, you identify four

major uncertainties with respect to the hydraulic

modelling:

One, is that Shell Canada had assumed a zero

discharge of contaminated waters, whereas you've

identified that there'll be numerous additional

pathways for mine-related contaminants to be

released.

Secondly, that there was a sequence of models

used and that the coupling between the models may

propagate the uncertainties.

Thirdly, that each model uses simplified

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3265

assumptions.

And fourth, that the models are a

simplification of a complex system of

climate-surface water-groundwater interactions.

Now, my question is with respect to those

uncertainties, is there a way to quantify the

uncertainties?

A. Yes. We've been doing that for about 25 years in

our group.

Q. Perfect. And what are those methods?

A. You have to fully link the models together so that

they are not running independently, and in theory

they're running in parallel and so then you know

what the overall uncertainty is when you run the

models that way rather than independently, and

determining the uncertainties independently because

there has to be feedback between the models as

well. So there's a number of different techniques,

there's software you can buy that can do this

actually, now. So it's possible.

Q. Okay. And have you undertaken that?

A. With these particular models?

Q. Yes, have you run these models concurrently to

assess the degree of uncertainty?

A. No, Environment Canada has not run these models.

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3266

We discussed that early on with Shell. We had a

meeting September 28th and 29th last year with

Shell and their consultants to discuss all the

details of the modelling. So we decided at that

time that Environment Canada would not re-run all

these models. It was a major undertaking for us to

do that. And we just made recommendations to

Shell's consultants as to how we thought they could

go forward.

Q. All right. And you make some recommendations here

that once sufficient data is collected and the

model is calibrated and validated, more confidence

can be placed in the long-term predictions?

A. Yes.

Q. Now, what my question is is can we get a sense of

what degree of uncertainty we're talking about as a

result of these four factors you identified?

A. Well, what our attempt to do was was to reduce the

uncertainty by improving the data that they were

using and to reduce uncertainty by -- there's

different types of uncertainty, of course. There's

the non-reducible uncertainty in the models, and

that's the probablistic uncertainty. There's also

the knowledge-based uncertainty that's reducible by

increased knowledge of the systems that you're

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3267

modelling. So you assume that we could at least

reduce that component of the uncertainty by having

the models use better data and possibly improve

some of the process functions in the models.

Q. Well, let me put it this way, is the degree of

uncertainty such that the Environmental Assessment

conclusion that the Project will only have

negligible effects, would it be prudent to treat

that as a hypothesis subject to further testing and

calibration of models and collecting data?

A. Well, that's why we recommended that as new

information came along, that the models be re-run

to see if there were changes in those results.

Q. So at best the conclusion that the Project will

only have negligible effects is a hypothesis at

this stage?

A. That's Shell's consultants' conclusion based on the

modelling that they've been able to do so far with

the data that's been available.

Q. What I want to try and get at is what degree of

confidence do you have in that conclusion, or can

we all take from that modelling?

A. It's up to I believe the Panel to decide what level

of confidence in the model results they are willing

to find acceptable. So.

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3268

Q. Right, they can determine what's acceptable. I'm

trying to get your assistance as to determining

what the degree of uncertainty is?

A. Well, they've carried out uncertainty analyses on

the individual model. So you can look at those.

But that's not the total.

Q. Total level of uncertainty?

A. Right.

Q. So are we talking about a lot of uncertainty, could

we go that far?

A. Well, I mean, we calibrate and validate these

models to certain levels of confidence. And you

hope to attain that. You can only, you know, try

to improve it with better data. So we typically

look at a 95 percent confidence interval or

something like that and use different metrics for

looking at the accuracy of the model. So, you

know, you can always strive to improve it. But you

get what you get with the data that you use to

calibrate it and to validate the model. And that's

why they had to go to a stochastic approach in

running their models because they didn't have what

they felt to be good data at the time to be able to

run it in an ordinary deterministic method.

So basically what they used is a resampling

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3269

of the available data to generate distributions,

probability of distributions of the different

parameters as input. So compared to a normal

deterministic, one input and one output, they had a

probabilistic, you know, range of data and they get

the same type of thing out. So it's what they had

to do. And I've run stochastic models myself, and

those stochastic models give you good numbers on

the uncertainty because that's basically what

you're doing. So there's nothing wrong with the

approach, it's just it's always better to have as

much data as you can get to do the job as well as

you can. So we're always limited by data. Us

modellers, that's our curse.

Q. Well, would you wager your house on the outcome?

A. Yeah, well, I mean, definitely, the modelling

results I guess -- we pointed out some problems

with the drivers, with the climate change, I'm not

really sure what those differences are because they

haven't been re-run with the new climate change

bounds. And there's some assumptions in there that

I'm not sure are the most conservative, but I'd say

that the modelling results are -- I don't see major

problems with the results, so I can afford to lose

my house, I guess.

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3270

A. MS. CHAMBERS: I think one aspect, too, is

the temporal aspect as well, because the modelling

starts in the very, you know, almost in the present

and goes well into the future, and as we move

further and further along in time, the problems

become compounded so that we have less certainty as

we move further into the future than where we are

now.

Q. So we're less likely, would you be less likely to

bet your house on the reliability of the model in

terms of predicting 50 years hence, for example?

A. Versus three years hence.

A. MR. BOOTY: Fifty years out is pushing

things in most modelling, you know, work, and some

of this is going further than that, so that's

definitely where things start to get --

Q. Shaky?

A. Yes.

Q. All right. Let me turn now to the subject of air

emissions, which starts at page 44, chapter 6, and

it's PDF 86 of Canada's submission.

And who would I ask questions about mine

fleet emissions, would that be you, Ms. Watt, or

you, Mr. Fox?

A. MR. FOX: I'll take those questions.

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3271

Q. All right. Now, the current estimate or prediction

of emissions from the mine fleet for this Project,

those are based on emission factors; is that

correct?

A. That's correct.

Q. And those emission factors have a number of

assumptions, they are based on manufacturers'

specifications associated with the tier level of

the vehicle; correct?

A. Correct.

Q. And then I take it you make assumptions about the

load factor?

A. Correct.

Q. And then you make assumptions about the

deterioration of the vehicle?

A. Correct.

Q. And is there other assumptions that are taken into

account?

A. Those are the main assumptions in the estimates.

Q. Okay. And the mine fleet emissions include

Polycyclic Aromatic Compounds and trace metals; is

that correct?

A. That's correct.

Q. And also includes trace metals that are mostly

emitted as particulate matter?

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3272

A. That's correct as well.

Q. And the emissions are, for mine fleets, are not

measured, they are just estimated based on these

assumptions?

A. In this assessment, yes.

Q. Is there measurements of mine fleet emissions that

are undertaken regularly in the region?

A. I wouldn't say regularly. I think there's been

some one-offs that WBEA has contracted with the

Desert Research Institute. But it's not a regular

occurrence.

Q. All right. And the WBEA Emission Study, is that

available?

A. I believe a draft version is. I'm not sure if the

final paper.

Q. So that's pioneering work that WBEA has done?

A. It would be, yes. At least for this region.

Q. And at page 46 of Environment Canada's submission,

you say that, you conclude that the mine fleet

emissions may be understated.

A. That's correct.

Q. And that was based on, you had some doubts,

Mr. Fox, that the mine would transition into

TIER-IV trucks by 2025; correct?

A. That's our reason, yes.

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3273

Q. And were you aware that Shell testified that it

could not commit to rolling over all of their stock

to TIER-IV trucks by 2025?

A. Yes, I'm aware of that.

Q. And so, therefore, is your conclusion confirmed

that the predicted emissions for the mine fleet are

underestimated?

A. I don't think we can say definitively one way or

the other, because it is a Future Case scenario,

and Future Case scenarios are often -- they are

speculative. And I think, although we disagree

with some of the assumptions that they made, namely

on the mine-fleet lifetime, as well as the

availability of the TIER-IV, what Shell proposed is

a possible scenario. We would have liked to have

seen a little more conservatism thrown into it, but

it is a possible scenario.

Q. And we'll only be able to tell, confirm this in the

future if some sort of monitoring is done with

respect to what's actually emitted from the mine

fleet, correct, in order to confirm the prediction?

A. I'm sorry, do you mean emissions monitoring or

ambient monitoring?

Q. I think I mean emissions monitoring. We'd have to

somehow, you'd have to measure what was actually

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3274

coming out of the pipe. And I don't know if that

can be, that information can be obtained from

ambient monitoring or if you'd have to somehow

measure what's actually emitted per vehicle.

A. That would definitely benefit and inform the

decisions for Future Cases for sure, if we did have

onboard emissions monitors.

Q. And are we able to determine mine-fleet emissions

from ambient monitoring, depending on where the

monitors are located?

A. We could estimate, but it would be hard to

dissociate the mine fleet emissions from other

sources.

Q. Okay. So the prediction is possibly correct and it

also may, the NOx emission estimates also may be

overestimated, that's your final opinion?

A. Sorry, maybe I --

Q. I asked you a double-barrel.

A. May be overestimated or underestimated?

Q. As of today is your opinion that the NOx emissions

may be underestimated?

A. It may be. Or it may be possible, as I said, it's

a possible scenario, but we would have liked to err

it on the conservative side, so it may be

underestimated.

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3275

Q. Okay. And then I have a question with respect to

NRCan's submission at page 8. And I believe it's

for Dr. Kasperski, because it deals with VOCs. And

that's page, I think it's PDF page 121, and it's

page 8 of the NRCan's submission.

A. MS. KASPERSKI: I'm there.

Q. Now, your opinion is that the VOC emissions from

the tailings ponds are underestimated to a

significant degree in the Environmental Impact

Assessment; correct?

A. That was my initial conclusion here.

Q. Is there any data being collected that could be

used to validate the predictions in Shell's EIA

with respect to VOC emissions?

A. I don't know if you would classify it as being in

their EIA, but there was a response from Shell to

our points here that they did reply. I don't know

if that's in evidence or not.

Q. Can you tell us whether there's monitoring going on

of VOC emissions from the tailings ponds?

A. They did in their statement say that they based

their conclusion, first, on a monitoring of a

Syncrude pond, which they then developed a model,

which they applied to one of their muskeg, I think

Muskeg River Mine pond, and showed that their

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3276

model, based on the Syncrude data, matched this

quiescent MRM pond. I had a couple of issues with

their conclusions, but.

Q. And what are they?

A. They said their model did match the data from that

one pond.

Q. And what were your issues?

A. Well, when I first read their response, they said

they based it on the Syncrude data. Syncrude uses

naptha in their froth treatment as a solvent, which

has a huge range of compound -- hydrocarbons in it,

most of which are less volatility than the

paraffinic solvents that Shell uses. So the

solvents that Shell uses in their froth treatment,

which is the solvent that creates the VOCs once

they reach the pond, are much more volatile and

less soluble in water.

So that was my first caveat, the fact that

they based their model on a naptha pond, or a pond

that had naptha solvent in it.

The second thing I questioned was when they

said a quiescent pond. In some of the work we've

done in-house, we created two mini-ponds, one was

definitely not quiescent, there was a lot of

bacterial activity, and showed 100 percent loss of

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3277

VOCs in a period of about a year. When we --

from -- we had doped the pond with solvent.

In another pond, which was not as active, it

showed a steady decrease in solvents but it hasn't

reached a 100 percent yet. It's maybe 70 percent

loss.

Q. What does "quiescent" mean?

A. I'm not sure if that's the exact word that Shell

used in their response, meaning it's not -- it's

like it's not disturbed. The material in it is

left undisturbed, not moving. So a lot of the

issues with solvent release, I think, in my

opinion, is to do with the mass transfer of the

solvent, how does the solvent make its way through

the material, how easily does it make its way

through the material. So if there's gas bubbles

being created in the pond, that provides pathways

for the solvent to move through the material more

easily. So if it's a quiet pond, there's no

bacterial activity, no gas channels, if they are

not pumping the MFT out, then, yeah, that would be

a quiet pond.

MS. BUSS: Okay. Well, thank you very

much, panel. That's all of my questions answered.

Thank you so much.

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3278

THE CHAIRMAN: Thanks, Ms. Buss.

Mr. Murphy?

CROSS-EXAMINATION OF ATTORNEY GENERAL OF CANADA PANEL, BY

ATHABASCA CHIPEWYAN FIRST NATION, BY MR. MURPHY:

MR. MURPHY: If I could just have a moment

to move my materials up here.

Q. Yes, thank you, Mr. Chairman.

Good evening, panel, thanks for coming out.

My name is Eamon Murphy and I'm one of the lawyers

for Athabasca Chipewyan First Nation and I'm going

to be asking you some questions, and then my

colleague, Jenny Biem, is going to ask you

questions.

Good news, bad news, good news is Ms. Buss

took care of a number of the questions that I was

going to ask you. The bad news is I'm not sure

we're going to finish tonight.

Mr. Makowecki, I think these first questions

are for you in DFO. The first question we had is

about pit lakes. Does DFO consider pit lakes to be

compensatory for habitat loss?

A. MR. MAKOWECKI: We haven't reviewed a

proposal for a pit lake to be a compensation lake.

Q. So certainly not in this proposal before the Panel?

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3279

A. No.

Q. Okay. Ms. Buss asked you some questions about

DFO's submissions and I'll just refer to Canada's

submissions and these are again at Exhibit 005-020.

I'm looking at PDF page 20. That's page 17 of

DFO's submissions. I just have a few questions

about compensation lakes.

DFO is aware of ACFN concerns about the

diversion of the Muskeg River; is that right?

A. Yes.

Q. I understand DFO is also aware of the concerns that

ACFN has raised about access to the fishing and

hunting areas as a result of low water levels; is

that right?

A. Yes.

Q. The discussion that you have about compensation

lakes, I'm just curious, what does DFO suggest

might be compensation or mitigation, I suppose is

the better way to put it, in respect of the

concerns that ACFN is raising?

A. With respect to access to hunting grounds?

Q. Well, let's start with diversion of the Muskeg

River.

A. Maybe you could frame that question a different

way. I'm not sure I understand your question.

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3280

Q. Sure. Has DFO proposed for example that the

Compensation Lake that's part of this Project would

be adequate mitigation in respect of ACFN's

concerns about the diversion of the Muskeg River?

A. Well, as it relates to opportunities in the future

to fish, I believe it would form part of that

mitigation. ACFN's concerns related to diversion

of the Muskeg River I think go beyond fishing,

though. So that would be my answer related to our

mandate.

Q. Right, and right now I'm just asking you in

relation to DFO's mandate.

And what about in respect, then, of concerns

about access to fishing and hunting areas, is the

Compensation Lake what you'd view as an

accommodation of those concerns as well?

A. I guess I'd probably ask ACFN their view on that.

If there's a Compensation Lake in the future that's

accessible and available for harvesting fish, it

would seem to me that that would at least partly

mitigate some concerns about lost access to areas

to fish. Your question was broader than that,

though. I wouldn't be able to answer the other

part.

Q. Well, no, I'm specifically wondering what DFO's

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3281

response is in respect of what they would say is

mitigation to concerns ACFN has raised with you.

A. Well, in particular, related to ability to fish, I

would say that this would possibly add some

opportunity in the future for them to carry on

those pursuits. And ensure that the habitats that

are remaining remain functional to afford them that

opportunity as well.

Q. And what do you mean by that, by making sure that

habitats remain functional that are in existence?

A. Well, DFO's view of compensation isn't just to

offset the physical footprint of what's being lost,

it's also to ensure to the extent we can that the

habitats that remain untouched also continue to

function in the future and provide opportunity. So

by creating productivity in the watershed, where

productivity has been lost, you, you know, that

integration of that productivity is essential to

keep the rest of the watershed healthy.

Q. And so in respect of ACFN's concerns, what do you

suggest is something DFO is doing or would do to

maintain productivity?

A. Well, with respect to fishing, the Compensation

Lake would be one mitigation that would ensure that

the Athabasca River remains productive and that

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3282

there's another, an opportunity created that might

offset any opportunity lost in the Muskeg River.

Q. And, sorry, were those two different things,

there's the Compensation Lake and that the

Athabasca River remains productive?

A. Yeah, they are connected obviously. It's one

aquatic ecosystem. But there's two goals in the

Compensation Lake. One of them is to actually, in

the nature of itself, actually be a location where

someone could go and fish, but also because it

would be connected to the natural environment, that

it would make sure that remaining habitats are

viable and productive.

Q. And are there other forms of compensation that you

are aware of in respect of this Project that DFO

would endorse as being that ACFN could utilize?

A. Other forms of fish habitat compensation?

Q. That's correct, yes.

A. There were other options proposed by Shell. I

think there were six or so. And there was some

evaluation of those. This was the one that came

out on top as far as that evaluation went.

Q. Are there other mitigation options, I just want to

make sure, I think you had addressed this in part

with Ms. Buss, are there other mitigation options

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3283

that are being considered by DFO to address some of

the ACFN concerns?

A. The concerns related to fishing?

Q. Well, you know, one of the things -- yeah, sorry,

go ahead.

A. Well, the concerns related to access and hunting,

DFO doesn't have any particular mitigation measures

proposed, or Shell I don't believe. We are not

reviewing those mitigation measures if Shell has

proposed them.

Q. No, and I'm not speaking about those. What I'm

speaking about is access to fishing sites,

diversion of the Muskeg River. Are there other

mitigation options that DFO in particular is

considering?

A. None that I can think of.

Q. Okay. And I just want to clarify that because

you'd mentioned something about stocking, for

example, stocking existing waterbodies, and I just

wanted to see if there were other options that

you'd been looking at in respect of this Project

for ACFN's concerns?

A. No, that response to earlier questioning was

related to other options that might exist to

maintain productivity of the Lower Athabasca River.

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3284

So there are other options and, like I said, I

think there were six proposed different options

proposed by Shell over, you know, it's over the

course of a number of years now. And as far as

we're concerned, the proposed Redclay Lake has a

good potential to offset impacts to fish and fish

habitat.

Q. And Ms. Buss had asked you some questions about the

mercury that's present in those lakes. And I don't

propose to go over those questions, but there are a

couple that I had that arose from that. One of the

things that comes out of your report is that, (as

read):

"... mitigation measures to

ensure that mercury levels drop or

include removal of large bodied

fish, removal of terrestrial

vegetation, and the temporary

isolation of fish until mercury

levels subside."

Without doing that, your report says it's 20

to 30 years before the elevated mercury levels

drop. With those measures, what's the timeframe

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3285

we're looking at?

A. Well, like I said to Ms. Buss, we're not mercury

experts. Some of the literature I think suggests

that it can be reduced by to approximately eight to

twelve years.

Q. And I take it ACFN has expressed the concern to you

that the lake is not actually going to be usable to

them for some time. And have you responded with

the answer you just gave now?

A. The reason we have compensation ratios that are

greater than 1:1 is we acknowledge and proponents

usually acknowledge that there will be some delay,

depending on when the lake is constructed. So, I

mean, in theory, Shell might be able to develop a

compensation lake before, or any proponent, before

any impacts occur and that lag time could be not

experienced in the same way. But typically, they

start concurrently with losses and so there is some

period of productivity that's lost and it forms

part of the reason why our compensation ratios are

usually or have been typically 2:1.

Q. And what I'm curious about is what's the timeframe

that you've suggested, if you have, what's the

timeframe that you've suggested to ACFN that they

would be able to actually go in and fish in that

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3286

lake after it's been constructed?

A. We've told them that, you know, depending on the

mitigation measures that are put in place, like if

one of the options if it ends up being the

large-bodied fish are being removed and

smaller-bodied fish or younger fish are edible,

then timing might change as to when they would be

able to access it. But regardless of the issues

around mercury, it's typical in these projects that

we would expect, you know, 10, 12 years of

monitoring and baseline information of the lake's

productivity before unmeasurable harvest is

occurring so that we understand actually how this

lake contributes to the productivity of the rest of

the ecosystem.

Q. So at 10 to 12 years you'd hope that the lake would

be fishable, but it's not guaranteed, I guess?

A. It's not guaranteed. I think that our expectation

is that it would, that the literature suggests with

mitigation, that it might be around 12 years. But

maybe the time might actually be extended more

around our ability to be sure that it's functioning

correctly.

Q. And what do you mean by that?

A. Well, the lake would have some period of filling.

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3287

It would have a period of, you know, trophic

development. And so depending on how it was

stocked or how fish colonized the lake, it would

take some time to come to some equilibrium so we

would be able to assess its productivity and its

ability to produce any particular species.

Q. So 10 to 12 years until it could be utilized, good

chance it could be longer than that?

A. I'd say it would be 10 years minimum. And I don't

expect it to be 20, but we'll have to see.

Q. And what are the fish species that you've suggested

to ACFN that they would be able to harvest?

A. Mr. Janowicz will answer that.

A. MR. JANOWICZ: Our approach, general

approach is that we expect fish species that are

already there to colonize the lake. So for the

west side of Athabasca, that would be pike for

sure, possibly walleye, burbot.

We've had some talks with Aboriginal groups,

they would really like to see whitefish in the

lake, but that's kind of like we think about it as

a bonus at this point.

Possibly perch, and then several forage

species. And suckers.

Q. Thank you. I understand there's a section of the

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3288

new, the revised Fisheries Act, in Section 6, which

provides that there can be agreements between DFO

and the provinces regarding such things as habitat

management. Have any agreements been reached with

Alberta about habitat management in the

Peace-Athabasca Delta under Section 6?

A. MR. MAKOWECKI: I wouldn't be able to comment

on that. We're not briefed on that level of

discussion, if there is or isn't any.

Q. Are you aware of whether there's any similar

provision for agreements such as that with First

Nations through the Fisheries Act?

A. I'm not.

Q. Not that you know of?

A. Not that I know of.

Q. No. The Fisheries Act doesn't actually provide for

agreements between DFO and First Nations with

respect to things like habitat management, does it?

A. I'm not aware if it does.

Q. If a Section 35(2) authorization is provided here,

is that going to be done by DFO or is that going to

be done through a delegated authority, like through

the Province or another agency?

A. My expectation is it will be through DFO.

Q. DFO isn't delegating that decision to somebody

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3289

else, is it?

A. I'm not aware of discussions that could confirm or

deny that. I'm just not briefed on that.

Q. Could you undertake to provide that information?

A. So what's your question exactly? It's whether or

not there's discussions under way to --

Q. No. Whether or not DFO is going to provide the

Section 35(2) authorization or whether that will be

delegated to another agency or the Province?

A. I can inquire.

Q. Thank you. I'll take that as an undertaking.

UNDERTAKING 43: ADVISE WHETHER OR NOT DFO IS

GOING TO PROVIDE THE SECTION 35(2) AUTHORIZATION

OR WHETHER THAT WILL BE DELEGATED TO ANOTHER

AGENCY OR THE PROVINCE

Q. I think this is a couple questions for NRCan. I

saw that in the news yesterday there was a report

that the International Energy Agency had come out

with its World Energy Outlook. Can anybody confirm

that that's the case?

A. MS. KASPERSKI: I remember seeing it in the

news, but that's all I know about it. Or hearing

it, sorry, on the morning news report.

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3290

Q. I understand that Canada's a member country of the

International Energy Agency, so I take it it would

be privy to the report, at least?

A. That's way outside my area of expertise. I would

not know.

MR. LAMBRECHT: I rise because my friend has

courteously provided me with a copy of a newspaper

article from the Globe and Mail yesterday that he

would propose to tender to the witnesses I think as

an aide-memoire and then propose to mark it as an

exhibit. It is the news media report that I think

he references. He does not have the report itself.

And I really think this is going a little bit too

far afield in presenting our witnesses, who are

here to testify about subject matters within their

evidence. So I rise to indicate that I think I'm

going to object to this particular document and its

use.

THE CHAIRMAN: Mr. Murphy.

MR. MURPHY: Yes, thank you. The purpose

in putting before the Panel was twofold. One is

that the Minister of Natural Resources Mr. Oliver

has commented publicly on it. But I wanted to ask

how it, if at all, factors into the ultimate

decision that's made under CEAA, and it's Section

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3291

52 of CEAA, the decision made to approve this

Project or not.

THE CHAIRMAN: What I'm hearing, sir, is

there is no witness on the panel who could deal

with that. Have I misunderstood, Mr. Lambrecht?

MR. LAMBRECHT: No, sir, and indeed that is a

future, you have not misunderstood, that is a

future event. I'm not sure how a witness could

swear today how a future event might take account

of information that is referenced tangentially in a

newspaper article from yesterday.

THE CHAIRMAN: Sir, I think we ought to move

on to something else.

MR. MURPHY: Thank you.

Q. My next set of questions are for Environment

Canada. And I'd like you to turn to Chapter 8 of

the Environment Canada submission. And I'm looking

at the recommendations and they start at PDF 94.

And it's Environment Canada page 52.

A. MS. BARANIECKI: Yes.

Q. Ms. Baraniecki, earlier you'd mentioned that you

referenced page 5 of the report and I think one of

the things you said is part of Environment Canada's

role is to provide some recommendations to this

Panel; is that right?

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3292

A. That's correct.

Q. And so the recommendations that are set out in

Chapter 8, I mean there's a summary of all the

recommendations through the report, are these

recommendations that are considered to be in

overall mitigations related to this Project?

A. So I think again I'd actually like to refer you

back to the introduction of our submission. And

specifically back to page 6 within the summary

that, really, what the suite of recommendations

encompasses is what Environment Canada feels would

be the types of recommendations that should this

Project proceed and should those recommendations be

implemented, the suite of recommendations that

would improve the overall environmental performance

of this Project.

Q. So are they mitigations? I've characterized them

that way, would that be a fair characterization?

A. Mitigations for certain impacts for sure.

Q. Okay. Are these things that Environment Canada

would like to see as conditions, then, on any

approval of the Project?

A. That's premature at this point. Really, at this

point we're providing our review of the Project to

the Panel. And at that point when we have the

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3293

Panel Report in hand, that is when, during the

process, that we would be looking at that report

and evaluating that information at that time. So

it's really hard to say that, you know, this

specific clause could be. We can't speculate at

this time because it really all depends on the

recommendations coming back from the Panel.

Q. No, I'm not asking you to speculate. I guess I'm

going back to where it says on page 5 that you

provide a review of the proposed mitigation and

then considerations for additional mitigation

measures. And I'm just trying to understand the

recommendations, whether they fall into that latter

category. And I'll go through some specific ones

for you, but I'm just trying to understand, is that

what you're get getting at with these

recommendations?

A. I think what we're at, it's a combination of both,

actually. So in some cases, we've reviewed

mitigation as proposed by the proponent. And in

other cases we are looking at some additional

measures. And have made those recommendations

based on our review. So it is a combination that

you see combined there within the Chapter 8.

Q. Right. And so a number of these would, I would

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3294

think, become conditions of any approval or at

least they would be Environment Canada's hope that

they would be, a number of these recommendations?

A. Not necessarily. This doesn't preclude that they

could be.

Q. Okay.

A. But that's not a foregone conclusion.

Q. Are there things that are not in there, then, that

you would want to see attached as conditions of

this Project?

A. No, this submission represents the suite of

recommendations that we have.

Q. And I want to take you to some of your

recommendations specifically, but it looks like a

lot of the detail on how to is left to Shell's

discretion. And I want to take you to for example

to Recommendation 1.

A. Okay.

Q. If you look at Recommendation 1 (a), it says,

"Identify and implement measures":

"Environment Canada requests

the Panel recommend that Shell

Canada: Identify and implement

measures that avoid direct loss of

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3295

species at risk and migratory bird

habitat."

I'm wondering what Environment Canada

recommends, what measures would Environment Canada

recommend?

A. Okay, so I believe Mr. Wiacek will be able to speak

to that. Or at least start off.

A. MR. WIACEK: Well, there are a number of

measures that may be available to Shell to avoid

direct loss of habitat. For example, some of their

facilities may not be underlain by bitumen, so they

maybe have some flexibility in terms of where they

may be able to put them. Really, so it's up to

Shell to identify those. But we feel that there

may be some options for them there.

Q. But I'm just curious why Environment Canada doesn't

actually recommend those measures. Like, I'm just

looking for some specificity I guess from

Environment Canada about what it would suggest.

And I guess it goes back to Ms. Buss's question to

you about, you know, you all bring some expertise

here that I think could benefit everybody and,

quite frankly, the Panel, and so I'm just wondering

where those recommendations are?

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3296

A. We certainly bring expertise in terms of wildlife

and wildlife habitat use. However, we are not the

engineers of the Project, so we do not understand

all the technicalities about building an oil sands

project, so we may not be able to provide the best

options for Shell. I think it's up to them to

evaluate that and provide us with options.

Q. So you would leave it up to Shell, then, for

example in 1 (a), to:

"Identify and implement

measures that avoid a direct loss

of species at risk and migratory

bird and habitat".

A. We would leave it up to Shell, yes, to identify

measures to avoid as well as lessen effects.

Q. And I take it the same is true, then, when you get

to sub (b) and sub (c) where it says identify and

implement measures, Environment Canada's not

suggesting any measures, they are saying Shell has

to come up with those measures?

A. Well, the technical aspects of avoiding the effects

of drawdown, we would certainly look at Shell to

provide those details. We certainly aren't

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3297

engineers in oil sands mine development.

Q. But fair enough. But surely you've considered what

possible measures might do the things that you're

suggesting be done, isn't that true?

A. Well, in this case, it's to avoid the effects of

drawdown on the lenticular fen, so that's a

particular location on their lease.

Q. Well, were there any measures that Environment

Canada would suggest that would protect the fen,

for example?

A. You're referring to technical measures? Or could

you be more specific there, please.

Q. Well, I'm just trying to understand, I guess, what

it is Environment Canada is getting at when it says

"Shell should implement measures as necessary to

maintain the condition and function of the fen."

A. Sorry, would you mind repeating that question.

Q. Sure, and I'm looking specifically at

Recommendation 1 (d)(2) now. And it talks about

first of all it talks about monitoring the

condition of the lenticular fen, but then it goes

on to say that Shell Canada should:

"Implement measures, as

necessary, to maintain the

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3298

condition and function of the fen."

And I guess the question that I have that

comes out of that is what measures could protect

the fen? Has Environment Canada turned its

collective mind to that?

A. We have not provided any specific recommendations

to Shell on that. We are aware that measures are

being explored for the Suncor Fort Hills Project to

maintain the integrity of the McClelland Lake fen,

and certainly measures that are being considered

and proposed for that project could be applied for

this Project.

Q. Are you aware of any measures that Shell has

proposed to maintain the condition of the end

function of the fen?

A. I am not aware of any measures they've proposed.

In Shell's Environmental Assessment, they indicate

I believe about 16 percent of the fen will be

directly impacted by mine development and the

remainder would be affected by drawdown. I believe

they indicated they would monitor it, but I don't

believe they are offering any mitigation for loss

of the fen.

Q. Okay. And just to wrap that up, I mean, is there

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3299

anything that you're aware of that might actually

either mitigate the drawdown of the fen or the

actual removal of the fen?

A. Are you referring from again a technical aspect?

Q. Well, from your own experiences as an Environment

Canada scientist.

A. Again, I would refer to the work that's being done

on the McClelland Lake fen. I think that's very

relevant for this situation.

Q. And is that information that Environment Canada has

submitted before this Panel?

A. No. I have had discussions with the Province. I

don't sit on the -- I believe there's a McClelland

Lake Wetland Complex Working Group. I do not sit

on that group, so I do not have the information

from that, but I have spoken to the Province and

they've indicated that when the information becomes

available, they will be able to provide it to us.

Q. Okay. So getting back to this Project, then, there

aren't any measures proposed at this point, then,

to maintain the condition and function of the fen

with respect to this Project?

A. Again, in terms of technical measures, we would

leave that up to Shell to determine.

Q. But I believe you've said there aren't any that you

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3300

know of.

A. Again, there are measures that are being considered

for the McClelland Lake fen that could be applied

to this Project.

Q. Right, but I'm asking you whether Shell has

proposed those. And think your answer is no.

A. No, Shell has not proposed yet.

Q. And those certainly aren't incorporated into your

recommendations?

A. Sorry, could you repeat that?

Q. The reference to McClelland Lake and the work

that's been done there, those aren't incorporated

into your recommendations here, are they?

A. No, they are not.

Q. The Recommendation 1 (e), it says:

"Consider, in the event that

proposed measures cannot mitigate

direct and indirect habitat loss

for species at risk and migratory

birds, the use of conservation

allowances."

Are Treaty Rights for First Nations like

Athabasca Chipewyan First Nation, are those

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3301

factored into conservation allowances?

A. MS. BARANIECKI: They could be, actually,

within the operational framework. There is a

reference to the fact that within the -- if there

is a decision that a conservation allowance is an

appropriate mitigation tool, that it could be used

as part of that, I guess, those considerations as

well.

Q. Okay. And has Environment Canada considered doing

that in respect of this Project?

A. Again to clarify, our recommendation is that it is

one of the options that Shell could consider for

the mitigation, so we have not specifically

considered that, no.

THE CHAIRMAN: Mr. Murphy, were you moving

on to something else, another area? It's just that

at this time of day, we need to give the reporter a

break more frequently than we normally would. So

could we take 10 minutes now.

MR. MURPHY: Oh, sure.

THE CHAIRMAN: Back in 10 minutes.

(Brief Break)

THE CHAIRMAN: Could we resume, please.

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3302

Mr. Murphy, could you take us to about

eight o'clock?

MR. MURPHY: Yes, thank you. I'd start

but I think the people that I'm wanting to question

are not quite here yet.

Thank you, Panel.

Q. Just a couple more questions about the

recommendations. If you look at Recommendation

2(j). And it says:

"Environment Canada requests

the Panel recommend that Shell

Canada: Design the Kearl Lake

levee to avoid impacts to aquatic

habitats used by migratory birds."

And again, I'm just wondering whether

Environment Canada has any suggestions about how a

levee might be designed to avoid impacts to aquatic

habitats for migratory birds?

A. MS. BARANIECKI: Again, I think not being

technical experts or engineers, definitely the

design of a levee would be very much outside of our

area of expertise.

Collectively, these recommendations are made

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3303

with respect to those ecosystem components or those

species that are of interest or with respect to

trying to mitigate specific environmental impacts.

So while we may not have had the technical

knowledge on how that could be implemented, what

we're recommending there is that obviously if there

are some mitigation options, why that

recommendation is important is to avoid those

impacts to those aquatic habitats used by those

migratory birds.

So again, it's the objective we were getting

at, not necessarily the specifics and technical

aspects of those recommendations.

Q. Okay, thanks for that. So how do you know, then,

that a levee would actually be a suitable

mitigation, then, in that case?

A. I don't think this is so much the design, whether

the levee is there or not. It's the design of the

levee so that it's - that's taken into

consideration in order to avoid those impacts,

because I do believe with the current design, I

believe

Mr. Wiacek is just verifying, that with that

current design there would be impacts. So whether

or not there's other design considerations that

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3304

could mitigate those impacts, that's what we were

getting at with that recommendation.

A. MR. WIACEK: I guess one point we made in

our submission is that the extent and the use of

the lake by migrating and nesting birds that may

decrease is unknown, and it will depend obviously

on the design of that levee. So our recommendation

is to design it in such a way that minimizes

effects on the migrating nesting birds, then to

monitor the use of the levee and then apply

adaptive management to address any effects that may

be identified on the use of the lake.

Q. So just so I understand what you're saying, has

Environment Canada then reached a conclusion that

the present levee is not suitable?

A. It is uncertain whether it is suitable, so we are

requesting some monitoring be done. And adaptive

management.

Q. And the reason I ask that is it says "design the

Kearl Lake levee", so I don't know if you're

suggesting that it needs to be re-designed or the

present levee is just not suitable and there needs

to be work on that. I'm just trying to understand

what that recommendation is getting at.

A. Well, we are concerned that there'll be a change in

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3305

the littoral habitat and the use of the lake by

migrating birds, but we're uncertain what that

change will be, so we're proposing an adaptive

management approach where Shell evaluates the use

of that lake and applies appropriate mitigation if

effects are identified.

Q. Okay, so you're leaving that to Shell, then, to do

that evaluation and apply other mitigations if

Shell deems it suitable?

A. That's correct. Well, the mitigation is the

responsibility of Shell.

Q. Does Environment Canada monitor that mitigation?

A. MS. BARANIECKI: Sorry, we're just confirming

here.

A. So I think it would be a little bit difficult at

this point to speculate on the type of monitoring

for effectiveness. That could be something that

the proponent might do as part of their onsite

monitoring with respect to the Project. So, again,

depends on what type of mitigation was being

proposed, then that would determine the type of

appropriate mitigation and then from there the

determination of who and how.

Q. And I'm not asking you to speculate. I'm sorry if

I came across that way. I'm just trying to get a

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3306

sense of when Environment Canada says, okay, Shell,

we want you to design the levee to avoid impacts to

bird habitat, for example, I mean, does Environment

Canada play a role, then, in following up to make

sure this is done?

A. MR. WIACEK: Under CEAA, there's the

requirement of a follow-up program, so we would be

involved in that program.

Q. So that's yes?

A. That's a yes.

Q. Okay. And is Environment Canada responsible for

enforcing the Migratory Birds Convention Act?

A. Yes, we are.

Q. Okay. Turning your attention to page 26 of your

report, it's PDF 68. And the paragraph under "EC's

Conclusions:", I wonder if you could have a look at

that.

A. Okay, I'm there.

Q. And so my question about that is in reaching the

conclusions that you set out there in that

paragraph, did Environment Canada consider the

consequences of avian mortality on traditional use

in the exercise of Treaty Rights?

A. We certainly are aware of ACFN's concerns.

Q. And I'm just wondering if Environment Canada looks

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3307

at when it's considering the consequences of avian

mortality, does it consider the consequences of

avian mortality on the traditional use and ACFN's

Treaty Rights?

A. We focus on the legislative requirements and the

science.

Q. And when you say "the legislative requirements,"

what are you referring to?

A. Requirements under the Migratory Birds Convention

Act.

Q. Okay. You're now referring to the Constitution Act

Section 35, I take it?

A. No.

Q. Okay. At the middle of the following pages, PDF

69, page 27 of the Environment Canada Report, in

the middle of the page, it says:

"Environment Canada also

recommends that Shell Canada

implement additional measures to

minimize the surface distribution

of oils on process-affected ponds,

to reduce the potential risk of

mortality should birds land."

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3308

Again, what does Environment Canada do to

ensure that Shell is subject to binding conditions

that take into account those additional measures?

A. MS. BARANIECKI: So in this case, the

Migratory Birds Convention Act obviously is a law.

And compliance with a law, irrespective of whatever

decisions are taken on a specific project or those

specific conditions that might come out, compliance

with the law is mandatory. So we do have an

enforcement program that does enforce that law.

Q. And I'm thinking more in respect of recommendations

that might come out of this process, how does

Environment Canada then ensure that those

recommendations are being complied with? And I'm

wondering specifically in relation to that

recommendation that I just read to you.

A. Depends what happens with this recommendation

through this process. Again, I'm not being able to

speculate on where this might land, post-Panel

report, but you know, that's going to depend.

Regardless, the Migratory Birds Convention Act

would still apply, so that would still be

enforceable. With respect to the specific

recommendation, again, the Canadian Environmental

Assessment Act does require a follow-up program, so

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3309

presumably there would at least be that aspect, but

whether or not there'd be an enforceable aspect, we

can't say.

Q. And you mentioned a moment ago, you said

"regardless the Act would apply." And how so in

respect of the recommendation there that I just

read to you?

A. Sorry, could you repeat that question, please.

Q. Yes, you had mentioned, you said "regardless the

Act would apply." And I was asking, you know, in

respect of recommendations that would come out of

this process, one of your comments was "regardless

the Act would apply." And I'm just wondering, is

that the case with respect to that recommendation

that you're referring to?

A. It's actually with respect to any recommendation.

So, for instance, provisions under the Canadian

Environmental Protection Act, the Species at Risk

Act, the Migratory Birds Convention Act and the

Fisheries Act, as described in our submission are

sort of the four cornerstone pieces of legislation.

Regardless of whatever conditions might be applied

to a proponent on a project, they don't supersede

the law, obviously the law would still apply.

Q. Right. And maybe I'm being misunderstood. I'm

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3310

just curious about the actual recommendations. I

mean, I understand that you've got the Act, the Act

applies and if there are violations of that Act,

then presumably there could be enforcement action.

But in respect of recommendations that come out of

this process, I mean, I don't think you're

suggesting that all of the recommendations that

come out of this process would get the force of law

which could then be enforced under the Migratory

Birds Convention Act, are you?

A. No.

Q. No. So that's what I was just referring to is how

then do you ensure those recommendations, like the

one I just mentioned, is adhered to?

A. So in general, there's the follow-up monitoring

programs. There is the opportunity under the new

legislation under the Canadian Environmental

Assessment Act for enforceable conditions. But

we're certainly not there yet.

Q. Okay. And are you asking that all of the

recommendations that you're making here be part of

a follow-up monitoring program?

A. It's a requirement under the Canadian Environmental

Assessment Act for follow-up, so, in a sense, they

would be captured that way.

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3311

Q. Thank you. At page 17 of the Environment Canada

Report, it's PDF 59.

A. Yes.

Q. In the summary, it says:

"Developing integrated

management frameworks, monitoring

cumulative effects of multiple

stressors through an integrated

monitoring program, and

implementing coordinated mitigation

measures are necessary to manage

the oil sands region from an

economic, social and environmental

perspective."

Where in that suite of perspectives,

economic, social and environmental, would you say

that the First Nation Rights are considered, or are

they?

A. I think they would be considered throughout those

three categories.

Q. And can you say that they have been?

A. With respect to any of those three?

Q. Yes, I'm just wondering where in there is the, you

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3312

know, the Aboriginal perspective, the Aboriginal

Rights perspective considered. I mean, it

explicitly says "economic, social and environmental

perspective," and I'm just wondering where the

Aboriginal Rights perspective fits in. And perhaps

it doesn't, but I'm just trying to understand.

A. I think it does. And in fact throughout our

submission and our text, and leading into our

recommendations, and even throughout this process,

we have taken in the information that we've

obtained through information that's been filed

through this process, various letters, various

dialogue that we've had, and that is taken into

consideration that we've had discussions with

Aboriginal peoples as we've formulated our own

specific recommendations, so those are actively

taken into consideration. So we've heard, for

instance, where there's an Aboriginal concern with

respect to, you know, air quality, and we've looked

at that and we've considered that information while

we've been doing our own assessment and formulating

our recommendations.

Q. So does, if I can step it one step further, does

Environment Canada acknowledge that protecting

First Nation and Aboriginal Treaty Rights is a

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3313

priority in terms of the work that you're doing

here?

A. I think that's really important.

Q. And so I guess I'm just trying to understand where

in the balancing act here, when you're looking at

managing the oil sands region from an economic,

social and environmental perspective, where in the

balance do Aboriginal Rights fit versus say Shell's

economic interests, can you say? I mean, you said

"I think so," and I'm just trying to understand.

A. That's getting into a policy-level discussion that,

you know, really is outside of what we can

certainly speak to here.

What's really important in this section to

appreciate is this section is really actually

speaking to cumulative effects and specifically the

regional initiatives that are at play, so it wasn't

meant to be an all-encompassing description of all

of the factors that might be considered.

Really, within our submission, we've done two

things: We focussed a lot on some very specific

project-specific recommendations for mitigation,

and then at the same time what we are acknowledging

here is the cumulative effects issue, at the large

scale. And within that, what we're describing

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3314

within this section, and in what's summarized

there, is that there's a number of initiatives at

play. And we all know about these things. The

Joint Canada/Alberta Implementation Plan for Oil

Sands Monitoring is a huge piece for us to that.

Obviously we have participated in the development

of LARP. And we have been an active member of

CEMA.

And so we are just acknowledging that there's

a number of these things at play that collectively

are being used to manage cumulative effects to

implement the various monitoring to enable

decision-making and ultimately that's to enable the

adaptive management framework going forward.

So it's not exclusive of Aboriginal

considerations, because any one of these things,

for instance the Joint Canada-Alberta

Implementation Plan does include considerations for

Aboriginal interests within that. So, again, it's

not necessarily explicitly written into this text

here because this text was for a different

summation, I guess you could say.

Q. And that was going to be my question. I didn't see

a lot of reference to Aboriginal and Treaty Rights

and considerations and so I'm just trying to

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3315

understand whether in fact that was an explicit

part of this, and I think your answer is, no, it's

not?

A. It's not explicit in this part of the text.

However, throughout our submission we have

acknowledged where we had heard Aboriginal concerns

as we were considering that information in the

formulation of our recommendations. So we've

certainly taken a very concerted effort to listen

and understand with respect to those issues, as

we've formulated these recommendations.

Q. Thank you. The summary goes on to say:

"In addition, the important

role of oil sands developers to

utilize best available technology

in an environment of continuous

improvement over the life-time of

these projects also work towards

the management of cumulative

effects by enabling adaptive

management."

And is it fair to say effectiveness of

Environment Canada's recommendations here relies

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3316

upon oil sands developers utilizing best available

technology?

A. That's a very broad statement. And I think that's

a key component of a number of mitigation options.

Obviously better environmental performance, you

would see with better technologies that are being

used. So I think that's one of the key factors

that's important to underline.

Q. And I'm just referring to the text there. I'm

sorry if it was a broad question. I'm just pulling

the text out of the actual summary there.

A. For sure. I understand. It's a very broad

summary.

Q. And I guess one of the assumptions in that summary

is that the technology will continuously improve;

right?

A. Absolutely.

Q. And you're also assuming that adaptive management

plans will be successful; correct?

A. Well, adaptive management in and of itself allows

for change over time, so if things aren't working,

there's that mechanism to go back and improve upon

or make those adjustments in order to achieve the

successful outcome that people are trying to

achieve.

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3317

Q. Now, we've heard in this hearing that the adaptive

management plans that Shell has are a little more

than a twinkle in their eye. Does that give you

much comfort in terms of the conclusions that

you're reaching here?

A. Well, this isn't with respect to Shell's adaptive

management plans necessarily. That's one

component. As we've noted here, obviously the

proponents have a key role in ensuring proper

environmental performance, but there's a number of

other mechanisms that would enable adaptive

management besides just the proponent's plans.

Q. But in fairness in respect of that paragraph, the

reference to adaptive management is in the sentence

where you talk about the important role of oil

sands developers, so I'm just trying to tie it back

to what the sentence says.

A. That's fair. That's attached within that sentence.

We do have other places within our submission where

we do talk about adaptive management more

generally. And that's not tied to any specific

proponent.

Q. Okay. And I don't think I asked this specifically,

but obviously you're assuming that the developer is

going to use the best available technology as they

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3318

move through the life of the project?

A. That would be the hope.

Q. Yes. Now, there's no real way, though, of knowing

at this stage whether the best available technology

in say 10 years is going to be able to manage

environmental effects to any significant level,

like, we just don't know that right now, do we?

A. No, I don't think we can say for certain what the

technology will look like in 10 years.

Q. I guess that's part of the struggle and it's one of

the things that this Panel is to determine, is we

don't actually have an accurate picture of what the

cumulative effects are now, never mind 20 years

from now; would that be fair?

A. I guess just to clarify. The Proponent had

modelled with respect to this particular Project, I

guess the cumulative impacts at the regional study

level, so there is some information available.

Q. So some information at the regional level. Let me

just then turn your mind to the Kirk Muir report

that Ms. Buss took you to. Because I think this is

perhaps helpful in the context of the discussion on

cumulative effects. And I just can't find the

exhibit number. Do you have that abstract before

you?

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3319

A. We do, thank you.

Q. I just don't have the exhibit number here. And

from what I understand, and I appreciate that it's

just an abstract, but the results are only the

initial phases of a monitoring program; is that

right?

A. MS. CHAMBERS: Yes, it is.

Q. I take it more data is required from this

particular study that's going on by Kirk and Muir

before any sort of informed decision can be made

about the significance of cumulative impacts from

some of these contaminants showing up in the bottom

of these lakes; is that fair?

A. Yes, it is. I think the contaminants in the lakes,

though, refers to the abstract by Muir at 427. The

abstract by Kirk is 424 and it doesn't talk about

the lakes, it's the snow one.

Q. Thank you. So certainly further data with respect

to the study you just mentioned would be I guess

very helpful to try and assess cumulative impacts?

A. The lake study?

Q. Yes.

A. Yes. I think as it says here, it's data from five

lakes, yes, five lakes and one reference lake.

Q. Okay.

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3320

A. And I should point out, too, it's data in it's very

early stage of interpretation.

Q. And I guess we don't really know when we're going

to have enough data to make some more informed

decisions about what's happening?

A. Well, one certainly hopes as time goes on, but on

the basis of what's shown in the abstracts here,

this is still in the early stage.

Q. Right. Is Environment Canada able to make at this

juncture, given what you've just said, is

Environment Canada able to make any assessment of

whether these deposits that are showing up in the

lakes, are these deleterious substances with

respect to fish-bearing waters, are you able to

make that kind of assessment at this juncture?

A. Well, the abstract, and I can only speak to the

abstract because I'm not the specialist who

conducted this work, but I think one of the

abstracts says that the concentrations were below

guidelines or limits. Actually I think that might

be -- I have to check and see which one of these

abstracts it is. But of the three that we

discussed earlier in the day, certainly one of them

says that it was below guidelines. I think it was

the Muir abstract which is number 427.

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3321

Q. Okay. And that's below guidelines in respect of

whether there's deleterious substances?

A. Yes, yes. And you'll just have to let me confirm

which one it was, but I think it was the Muir one.

But when I'm saying guidelines, I'm referring to

CCME, the Canadian Council for Ministers of the

Environment.

Q. Is that something, I understand from the report,

the submissions of Environment Canada, that

Environment Canada administers Subsections 36(3) of

the Fisheries Act which prohibits the deposit of a

deleterious substance. So that's why I'm asking

you if that's something that you're able to tell

from this abstract. And is that something that

Environment Canada then keeps its eye on, I mean,

thus far given the findings?

A. MS. BARANIECKI: So absolutely. The

enforcement component of our department obviously

does follow up and do -- well, they do inspections

with respect to the Fisheries Act. So if they have

a suspicion or basically any operating facility

that might potentially fall under that Act could in

fact be inspected. They do follow up with

complaints. And this is all in accordance with

their compliance and enforcement policy, which I

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3322

can provide that reference if anyone is interested.

But there is a very specific policy within

our department that guides our enforcement officers

as they discharge those duties with respect to the

Fisheries Act. So if there was the potential or

the deposit of a deleterious substance, that is

something that they could go and inspect to

determine if in fact there was a violation.

Q. And I guess the question is, given these abstracts

that we now have before us, is that something then

that Environment Canada will be keeping its eye on?

A. Our enforcement officers are certainly aware of the

work to some extent that's going on within the

department. At this point, though, I think there's

a difference between let's say a facility that

might discharge directly into the river during an

accident as an example, versus this is preliminary

scientific data, it's not necessarily tied to any

particular source. So it would be very, I would

assume, not being an enforcement officer, but it

would be very difficult to tie this back at this

point, being that it's such preliminary data.

Q. And that was going to be my next question is how do

you actually tie it back to any specific operation?

I guess there's no real way to do that?

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3323

A. Not to my knowledge. But we do have enforcement

officers that are on the ground. They do come up

to Fort McMurray. We do have an office here and

they go out and do inspections in the area.

Q. I'm just trying to understand how if there is a

substance which ends up violating Section 36 of the

Fisheries Act, how do you actually, how are you

able to tie that back to an operator? Is there any

way you can do that, that you know of?

A. I think at this point we're getting into a very

legal type of discussion that an enforcement

officer would need to do through their inspections

and investigations. We're getting into the type of

evidence that they might need to collect and

whether or not that could be proven in a court of

law. So that's really outside of what we can speak

to. But in general, those are all the kinds of

steps that are involved.

Q. Going to the submissions again at page 32. This is

PDF page 74. In the second paragraph, do you have

that there?

A. Yes.

Q. Sort of partway through:

"Limited information is

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3324

available on population trends of

most species at risk and migratory

birds in the oil sands region..."

Is that statement still true?

A. MR. WIACEK: For most, that's correct.

Q. And it goes on to say: "... and the cumulative

effects of industrial development." Is that still

true?

A. In terms of population trajectories, that's

correct.

Q. Okay. And:

"Thresholds of habitat loss

that trigger changes in population

persistence (sustainability) or

resilience are also largely

unknown."

Is that still correct?

A. That's correct. We have no information on

thresholds for most species, whether they actually

occur for species.

Q. And is that why it goes on to say that you've

initiated an integrated monitoring program, and is

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3325

that why you've done that is to try and gather that

information for terrestrial biodiversity in the oil

sands area?

A. MS. SONG: Yes, that's part of the

reason is to fill in some of those gaps.

Q. And when is that program set to begin, do you know?

A. It has begun.

Q. Oh, okay. When is it going to be fully

implemented, do you know?

A. Our goal is in three years, so by 2015. But we've

said it's an adaptive management approach, and I

certainly anticipate that we'll be learning and

changing the program in the response to the

information we gain.

Q. All right. So you're still learning as you go and

you're going to presumably make some modifications

or changes as you go along?

A. Yes.

Q. Yes.

MR. MURPHY: I believe I'm just about done,

Mr. Chair. I'll just have one moment. Thanks. I

think I'm going to turn things over to my

colleague, Jenny Biem.

I note the time and I wonder if we should

just resume in the morning.

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3326

THE CHAIRMAN: That's probably a good plan,

sir.

MR. MURPHY: Thank you, Panel.

THE CHAIRMAN: Thank you, panel. See you at

8:30.

(The Proceeding Adjourned at 7:46 p.m.)

(The hearing to resume on Thursday,

November 15th, 2012 at 8:30 a.m.)

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3327

REPORTER'S CERTIFICATION

I, Nancy Nielsen, RCR, RPR, CSR(A), Official

Realtime Reporter in the Provinces of British Columbia

and Alberta, Canada, do hereby certify:

That the proceedings were taken down by me in

shorthand at the time and place herein set forth and

thereafter transcribed, and the same is a true and

correct and complete transcript of said proceedings to

the best of my skill and ability.

IN WITNESS WHEREOF, I have hereunto subscribed

my name this 13th day of November, 2012.

_____________________________________

Nancy Nielsen, RCR, RPR, CSR(A)

Official Realtime Reporter

#

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Realtime Connection - the Realtime EXPERTS - [email protected]

Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

1

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9; 3232:25; 3262:9;

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2003 [4] - 3039:12; 3049:15;

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2007 [11] - 2996:19; 3001:2,

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2008 [12] - 2985:6; 2991:21;

3042:3; 3058:15; 3156:10;

3167:9; 3177:11, 18;

3219:3, 17, 25; 3222:2

2009 [6] - 3071:8; 3176:7;

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2010 [17] - 2983:9; 2985:6;

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19; 3183:16; 3188:9;

3189:3; 3190:21, 25;

3221:12; 3222:24; 3225:17

2010/055 [2] - 2983:22;

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2011 [15] - 3140:22; 3142:21,

23; 3157:23; 3158:23;

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16; 3238:6; 3244:20

2012 [28] - 2976:10, 16;

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18; 3060:25; 3061:21;

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2013 [3] - 3042:21; 3157:12;

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2014 [1] - 3160:20

2015 [2] - 3160:20; 3325:10

2016 [1] - 3160:20

2020 [5] - 3163:2, 8, 22, 25;

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22nd [1] - 3121:22

23 [4] - 2998:6; 3132:20;

3190:14; 3208:15

2331 [3] - 3001:7; 3006:3;

3011:7

23rd [1] - 3121:22

24 [1] - 3211:6

25 [6] - 3072:6; 3170:7, 20;

3187:13; 3234:19; 3265:8

25.5 [1] - 3106:7

25.8 [1] - 3107:10

26 [2] - 3060:2; 3306:14

27 [1] - 3307:15

28th [2] - 3169:24; 3266:2

2976 [1] - 2976:18

2986 [1] - 2980:3

2988 [2] - 2980:5, 8

2989 [1] - 2980:9

2990 [1] - 2980:12

2991 [1] - 2980:16

29th [1] - 3266:2

2:1 [1] - 3285:21

2:51 [1] - 3192:24

3

3 [7] - 2990:22; 3020:7, 10;

3059:24; 3060:2, 22;

3183:6

3-23 [1] - 3110:9

3.1.1.2 [1] - 2997:11

3.2.2.1 [1] - 2996:22

3.3.2.3 [1] - 3008:17

3.4.6 [1] - 3001:8

3.4.6.1 [2] - 3001:10; 3002:1

30 [7] - 2998:2; 3227:11;

3229:5, 9; 3232:25;

3284:24

3055 [1] - 2980:17

3065 [1] - 2980:20

3073 [2] - 2980:21; 2981:2

3087 [2] - 2981:5; 2983:3

3088 [2] - 2981:6

3090 [1] - 2981:23

3093 [1] - 2983:5

3095 [1] - 2981:24

31 [1] - 3023:12

3104 [1] - 2982:2

3107 [1] - 2983:6

3119 [1] - 2983:8

3120 [2] - 2982:4, 6

3123 [1] - 2982:7

3152 [1] - 2983:10

3153 [1] - 2983:11

3162 [1] - 2983:13

3172 [2] - 2982:9; 2983:15

3177 [1] - 2985:4

3178 [1] - 2985:8

3192 [1] - 2985:12

3193 [1] - 2982:11

32 [2] - 3142:8; 3323:19

3201 [1] - 2983:17

3222 [1] - 2983:20

3226 [1] - 2985:16

3237 [1] - 2983:21

3238 [1] - 2984:3

3248 [1] - 2984:5

3256 [1] - 2985:18

3261 [1] - 2986:3

3262 [1] - 2984:8

3263 [1] - 2982:14

3278 [1] - 2982:17

3289 [1] - 2986:7

33 [1] - 3248:14

3326 [1] - 2982:19

34 [3] - 3023:12; 3145:18;

3251:16

35 [9] - 3046:16-18; 3049:12;

3076:9; 3188:23; 3264:9,

14; 3307:12

35(2 [4] - 2986:8; 3288:20;

3289:8, 14

36 [1] - 3323:6

36(3 [1] - 3321:10

37 [2] - 2985:4; 3177:15

38 [2] - 2985:8; 3178:7

39 [4] - 2985:12; 3192:11;

3212:19; 3213:18

4

4 [3] - 3113:9; 3114:7, 17

4,256 [1] - 3106:6

40 [6] - 2985:16; 3007:16;

3112:9; 3143:10; 3226:8

41 [2] - 2985:18; 3256:14

42 [2] - 2986:3; 3261:4

424 [6] - 2985:12; 3179:16;

3187:25; 3192:3, 12;

3319:16

425 [4] - 2985:12; 3191:14;

3192:3, 12

427 [7] - 2985:12; 3188:19;

3191:14; 3192:4, 12;

3319:15; 3320:25

43 [2] - 2986:7; 3289:13

44 [1] - 3270:20

46 [3] - 3070:7; 3167:23;

3272:18

48-page [2] - 3070:6, 8

5

5 [6] - 2998:3; 3062:25;

3114:21; 3173:25;

3291:22; 3293:9

5,221 [1] - 3107:9

5-22 [1] - 3072:4

5-71 [1] - 3105:24

5-74 [1] - 3106:16

5-77 [1] - 3107:5

5.1 [1] - 3212:20

50 [15] - 2985:6; 3036:8;

3143:10; 3176:6; 3177:10,

18; 3183:7, 19; 3186:6, 15,

18; 3187:3, 10; 3216:24;

3270:11

50-year [1] - 3216:5

51,244 [1] - 3207:25

52 [3] - 2976:10; 3291:1, 19

55 [1] - 3048:25

59 [1] - 3311:2

59540 [1] - 2976:5

5:08 [2] - 2982:15; 3263:7

5C5 [1] - 2976:25

6

6 [4] - 3270:20; 3288:1, 6;

3292:9

60 [1] - 3122:16

61 [1] - 3070:21

62 [1] - 3239:16

63 [1] - 2992:13

66 [1] - 3023:15

662 [1] - 3009:21

68 [1] - 3306:15

69 [1] - 3307:15

6:00 [3] - 2982:16; 3263:4, 8

6th [1] - 3219:3

7

7 [8] - 2983:9; 2984:9;



2

3119:4; 3203:7; 3219:10,

12; 3262:3

7.1 [2] - 3208:16

7.2 [2] - 3234:19; 3236:5

70 [2] - 3109:20; 3277:5

74 [1] - 3323:20

75 [1] - 3009:24

77 [1] - 3264:10

79(2 [4] - 3144:13, 22;

3145:12, 25

79-2 [1] - 3119:17

7:46 [2] - 2982:19; 3326:7

8

8 [6] - 3138:11; 3275:2, 5;

3291:16; 3292:3; 3293:24

80 [1] - 3023:11

81 [2] - 3212:20; 3239:9

85 [1] - 3010:5

86 [1] - 3270:21

88 [1] - 3006:9

8:00 [1] - 3263:11

8:30 [6] - 2980:4; 2982:20;

2987:2; 3193:8; 3326:5, 9

8th [1] - 3058:15

9

90 [2] - 2996:22; 3109:21

91-24 [3] - 3048:3, 9, 14

92 [1] - 3070:22

94 [1] - 3291:18

95 [1] - 3268:15

97 [1] - 3008:18

98 [1] - 3008:18

99-year [1] - 3032:20

A

A.M [2] - 2980:4; 2982:20

a.m [3] - 2987:2; 3193:8;

3326:9

abandoned [1] - 3051:24

ability [16] - 3021:23; 3031:2;

3069:12; 3075:6; 3083:6,

14; 3095:17; 3141:23;

3228:9; 3236:2; 3241:15;

3256:7; 3281:3; 3286:22;

3287:6; 3327:11

able [61] - 2996:2, 8-9;

3007:9; 3010:9; 3011:21;

3016:13; 3017:16;

3047:20; 3054:18;

3059:16; 3070:5; 3074:16;

3089:25; 3092:25;

3095:13; 3096:22;

3129:18; 3148:2; 3167:3;

3168:21; 3169:2, 5, 17;

3174:22; 3175:4; 3176:4,

10; 3186:13; 3196:15, 25;

3199:8; 3200:21; 3201:21,

23; 3205:1; 3228:7;

3233:2; 3235:9; 3267:18;

3268:23; 3273:18; 3274:8;

3280:23; 3285:14, 25;

3286:8; 3287:5, 12;

3288:7; 3295:7, 14;

3296:5; 3299:18; 3308:18;

3318:5; 3320:9, 11, 14;

3321:13; 3323:8

Aboriginal [38] - 2991:19,

22; 2993:15; 2994:9, 19;

3001:9; 3021:23; 3028:19;

3034:15, 24; 3035:3;

3042:13; 3045:15;

3046:25; 3048:10; 3049:4;

3075:19; 3076:18; 3094:9;

3095:1, 13, 15-16;

3200:19; 3236:13;

3255:19; 3287:19; 3312:1,

5, 15, 18, 25; 3313:8;

3314:15, 19, 24; 3315:6

abridge [1] - 3090:14

absence [1] - 3094:13

absolutely [4] - 2987:22;

3201:9; 3316:17; 3321:17

ABSTRACT [2] - 2985:14;

3192:15

Abstract [2] - 3091:20;

3092:22

abstract [25] - 3091:7, 23;

3092:4; 3179:4, 16;

3181:1, 4, 10; 3182:14, 22;

3187:9, 24; 3188:4, 19, 22;

3191:14; 3192:7; 3318:24;

3319:4, 15-16; 3320:16,

25; 3321:14

abstracts [8] - 3092:5, 16;

3093:13; 3320:7, 19, 22;

3322:9

academic [5] - 2991:18;

2993:13, 17; 3251:22;

3252:19

academic-based [2] -

3251:22; 3252:19

academics [1] - 3230:24

accept [2] - 3131:4; 3244:17

acceptable [2] - 3267:25;

3268:1

accepted [4] - 3012:16;

3241:25; 3247:24; 3248:25

access [12] - 3015:19;

3063:2; 3228:7; 3230:23;

3279:12, 21; 3280:14, 21;

3283:6, 12; 3286:8

accessible [1] - 3280:19

accident [1] - 3322:17

accommodated [4] - 3013:3;

3049:2; 3081:12

accommodation [9] -

3037:12; 3038:10, 17-18;

3039:9, 21; 3041:9;

3051:6; 3280:16

accommodations [1] -

3122:10

accompanying [1] - 3030:8

accord [1] - 3048:23

Accord [4] - 3047:22;

3049:1, 5

accordance [2] - 3212:1;

3321:24

according [2] - 3128:24;

3129:1

account [9] - 3077:4; 3080:7;

3081:25; 3217:6; 3252:13;

3271:18; 3291:9; 3308:3

accumulates [1] - 3184:2

accuracy [1] - 3268:17

ACCURATE [2] - 2985:10;

3178:10

accurate [9] - 3140:17;

3178:4, 15; 3180:22;

3205:11; 3223:1; 3228:18;

3245:24; 3318:12

accurately [1] - 3002:10

ACFN [18] - 2998:17;

3001:14; 3021:22; 3068:8,

10, 14, 16; 3074:21;

3279:8, 12, 20; 3280:17;

3281:2; 3282:16; 3283:2;

3285:6, 24; 3287:12

ACFN's [8] - 2999:5;

3000:24; 3280:3, 7;

3281:20; 3283:22;

3306:24; 3307:3

achieve [2] - 3316:23, 25

acid [1] - 3160:9

acids [10] - 3157:20; 3158:7,

14, 18; 3159:4, 6, 9;

3160:5, 13; 3161:5

acknowledge [4] - 3168:12;

3285:11; 3312:24

acknowledged [4] - 3115:23;

3124:7; 3164:2; 3315:6

acknowledging [3] - 3040:8;

3313:23; 3314:9

acknowledgment [1] -

3033:13

acquisition [1] - 3250:3

acre [1] - 3032:19

Act [58] - 3034:21; 3048:3,

7-8; 3084:17; 3113:1, 9;

3114:1, 7-8, 18-19, 25;

3115:2, 4, 7; 3132:2, 6, 9,

13; 3141:21; 3143:22, 24;

3144:1, 4, 7, 9; 3146:23,

25; 3209:25; 3288:1, 12,

16; 3306:12; 3307:10;

3308:5, 21, 25; 3309:5, 10,

13, 18-20; 3310:2, 10, 18,

24; 3321:11, 20, 22;

3322:5; 3323:7

act [2] - 3248:2; 3313:5

ACT [5] - 2976:7, 10;

2983:10; 3152:25

Act's [1] - 3115:11

Acting [1] - 3097:25

action [4] - 3148:7; 3165:10;

3245:17; 3310:4

actions [5] - 3116:24;

3117:2; 3148:16, 19;

3165:15

active [3] - 3074:10; 3277:3;

3314:7

actively [1] - 3312:16

activities [3] - 2997:23;

3167:25; 3251:23

activity [3] - 3079:3;

3276:25; 3277:20

actual [14] - 3033:13; 3051:7;

3071:20; 3112:5; 3140:23;

3148:16; 3152:16;

3153:19; 3216:13;

3230:18; 3249:22; 3299:3;

3310:1; 3316:11

Adams [1] - 2977:7

adaptive [22] - 3149:20;

3249:5, 12-13, 18; 3250:1,

4, 17; 3251:12; 3304:11,

17; 3305:3; 3314:14;

3315:21; 3316:18, 20;

3317:1, 6, 11, 14, 20;

3325:11

adaptively [2] - 3205:14, 16

add [8] - 3085:25; 3111:4;

3121:11; 3161:17;

3202:13; 3259:21; 3260:2;

3281:4

adding [1] - 3001:25

addition [8] - 2992:18;

2993:11; 2994:1; 2997:11;

3006:1; 3128:6; 3251:19;

3315:14

additional [25] - 3002:10;

3006:3; 3068:17; 3098:4;

3113:19; 3132:24;

3133:14; 3140:22;

3148:25; 3156:17, 25;

3169:19; 3174:6; 3181:13,

17; 3198:9; 3202:12;

3205:2; 3208:17, 19;

3264:19; 3293:11, 21;

3307:20; 3308:3

additionally [5] - 2999:18;

3005:13; 3012:9; 3024:15;

3025:24

address [14] - 3050:1;



3

3064:19; 3066:14;

3069:16; 3090:19;

3100:18; 3103:19; 3245:5;

3260:7; 3263:14, 21, 25;

3283:1; 3304:11

ADDRESSED [2] - 2985:21;

3256:19

addressed [6] - 3059:13;

3123:5; 3200:9; 3255:20;

3263:17; 3282:24

Addressing [3] - 3143:22;

3144:2, 7

addressing [3] - 3080:8;

3115:3; 3163:14

adequacy [2] - 3095:8, 11

adequate [2] - 3204:10;

3280:3

adequately [1] - 3251:8

adhered [1] - 3310:14

adjourned [3] - 3120:19;

3263:7; 3326:7

ADJOURNED [3] - 2982:5,

15, 19

adjournment [5] - 3065:7;

3088:9; 3120:18; 3193:3;

3263:6

ADJOURNMENT [5] -

2980:20; 2981:6; 2982:4,

11, 14

adjustments [1] - 3316:23

administers [1] - 3321:10

administrative [2] - 3080:22

administrator [1] - 3019:8

administrators [1] - 3018:20

admit [1] - 3044:20

Adobe [2] - 3059:24; 3072:1

adopt [2] - 3113:15; 3130:10

adopted [4] - 3078:12;

3082:13; 3095:19; 3118:15

advance [4] - 3066:22;

3094:16; 3095:17; 3162:5

advantage [1] - 3012:8

adverse [8] - 3113:5, 7;

3114:4; 3140:6; 3142:15;

3144:24; 3145:10; 3205:8

advice [7] - 3038:20;

3100:14; 3173:1, 10, 12;

3235:20; 3256:8

ADVISE [6] - 2985:22;

2986:3, 7; 3256:19;

3261:5; 3289:13

advise [4] - 3103:16; 3228:6;

3255:21; 3260:23

advised [4] - 3065:13, 16;

3066:3; 3175:5

advising [1] - 2987:9

advisories [1] - 3235:21

advisors [1] - 3033:15

ADVISORY [4] - 2983:21;

2984:5; 3237:25; 3248:8

Advisory [5] - 3222:17;

3223:7; 3243:17; 3244:14;

3247:16

AENV [3] - 3154:21; 3155:18;

3156:4

aerial [1] - 3176:7

aerosol [1] - 3184:9

affair [1] - 3123:3

Affairs [1] - 3042:14

affect [9] - 3078:9; 3208:22;

3209:3, 12; 3211:16;

3221:17; 3242:5

affected [14] - 3078:2, 23;

3079:4, 7; 3080:1; 3083:2,

9; 3126:20; 3140:2, 17;

3171:6; 3240:4; 3298:21;

3307:22

affecting [2] - 3014:17;

3126:24

Affidavit [1] - 3010:13

AFFIRMED [6] - 2980:14;

2981:7; 2990:15; 3088:12

affirmed [1] - 3129:24

affirming [1] - 3089:21

afford [2] - 3269:24; 3281:7

afforded [2] - 3076:9;

3146:22

afield [1] - 3290:14

afraid [4] - 3108:19; 3165:4;

3175:24; 3176:9

Afshan [1] - 2977:19

AFTERNOON [1] - 2982:11

afternoon [7] - 3120:23;

3121:13; 3172:11; 3193:3;

3212:23; 3234:2

afterwards [1] - 3127:4

agency [2] - 3288:23; 3289:9

AGENCY [5] - 2976:5;

2977:6; 2986:9; 3289:16

Agency [2] - 3289:20; 3290:2

ago [10] - 3033:25; 3035:7;

3038:14; 3041:11;

3042:23; 3081:17;

3082:20; 3122:25;

3130:16; 3309:4

agree [47] - 2999:5; 3046:7;

3063:10; 3075:18;

3112:15, 18, 23-24;

3115:7; 3117:1, 21;

3118:3; 3119:7; 3126:3, 9;

3134:6, 15, 18; 3135:5;

3136:25; 3137:12, 17, 21;

3147:23; 3164:5; 3165:13;

3168:24; 3171:8, 17;

3183:13; 3191:1; 3207:21;

3213:1; 3214:4; 3215:14;

3216:3, 7; 3217:16;

3219:24; 3226:12;

3241:22, 24; 3243:10;

3249:10; 3252:13, 20

agreed [8] - 3039:17;

3042:18; 3045:21;

3046:24; 3047:9; 3223:9,

22

agreement [17] - 2988:19;

2989:5, 7; 3038:1;

3039:14; 3040:6, 15, 21;

3044:11; 3051:4, 7;

3068:7; 3121:16; 3161:16;

3223:12, 15

Agreement [1] - 3084:20

agreements [9] - 2989:1;

3039:23; 3068:19, 22;

3082:17; 3288:2, 4, 11, 17

agrees [1] - 3255:22

AGREES [2] - 2985:22;

3256:20

Agricultural [1] - 3027:19

Aguas [1] - 2977:14

ahead [8] - 2988:9; 3007:8;

3014:2; 3067:11; 3089:19;

3119:21; 3165:3; 3283:5

ahold [1] - 3084:3

aid [1] - 3169:21

aide [2] - 3118:18; 3290:10

aide-memoire [2] - 3118:18;

3290:10

aids [1] - 3118:24

ain't [1] - 3047:12

air [13] - 3099:19, 23; 3100:1,

5, 7; 3174:21; 3176:20;

3177:3, 5; 3185:8;

3270:19; 3312:19

Air [2] - 3079:11; 3099:21

airborne [1] - 3177:8

AIRBORNE [2] - 2985:4;

3177:16

al [2] - 3109:18; 3189:1

Alberta [92] - 2976:24;

2978:18, 24; 2987:11, 21;

2991:17, 23; 2992:15;

2993:4, 24; 2994:8, 18, 22;

3007:12; 3012:17; 3021:4,

9, 24; 3027:18; 3030:13,

23; 3036:14, 19; 3037:8,

11, 14-16; 3038:4, 16, 19,

24-25; 3041:25; 3043:8,

22; 3045:8; 3051:1;

3060:16; 3069:4; 3076:2,

22, 24; 3078:16; 3079:12;

3080:5, 20; 3081:15, 20;

3082:14; 3083:1, 17;

3098:13; 3099:17, 24;

3102:3, 16; 3126:18;

3146:17; 3147:6, 9, 20;

3148:1, 8, 13, 22; 3149:1;

3154:21; 3157:2; 3162:5,

8; 3171:14, 19; 3174:24;

3180:1; 3206:11; 3220:21;

3237:8; 3241:14; 3242:10;

3243:9; 3245:13; 3246:9;

3247:1; 3253:8; 3254:18;

3255:11; 3256:4; 3288:5;

3314:17; 3327:5

ALBERTA [16] - 2976:2, 11;

2980:5, 9, 12, 17, 21;

2981:2; 2985:20; 2988:11;

2989:20; 2990:12;

3055:21; 3073:24; 3256:16

Alberta's [4] - 3049:3;

3059:19; 3147:24; 3148:3

Albian [2] - 2989:6; 3154:15

Alex [1] - 2977:4

alive [2] - 3007:7, 24

all-encompassing [1] -

3313:18

allow [2] - 3088:2; 3249:5

allowance [12] - 3133:24;

3134:5, 25; 3135:11;

3137:9; 3138:1, 6, 12;

3150:12; 3152:5; 3301:5

Allowance [1] - 3138:11

Allowances [1] - 3152:14

allowances [10] - 3133:21;

3134:8, 11, 14; 3138:22;

3149:6; 3150:7; 3151:6;

3300:22; 3301:1

ALLOWANCES [2] -

2983:12; 3153:7

allows [1] - 3316:20

alluded [1] - 3024:3

almost [3] - 3049:10; 3055:9;

3270:3

alphabetical [1] - 2978:5

Altalink [1] - 2992:17

alteration [2] - 3207:25;

3209:20

alterations [1] - 3236:22

alternative [1] - 3206:16

Amanda [2] - 2977:12;

3089:23

ambient [3] - 3273:23;

3274:3, 9

amended [1] - 3260:14

amendment [1] - 3048:2

Amiot [1] - 3001:9

amount [16] - 3031:11;

3108:25; 3119:11; 3120:1;

3143:13; 3164:24;

3165:25; 3166:17;

3168:22; 3177:22; 3190:7,

10; 3229:1; 3230:15;

3232:11

amounts [1] - 3068:14

amplitude [1] - 3116:21

AN [4] - 2984:6; 2985:17;

3226:10; 3248:9

analogy [1] - 3084:2

analyses [2] - 3142:12;

3268:4



4

Analysis [2] - 3021:2;

3145:19

analysis [17] - 2999:13;

3001:4; 3038:23; 3112:2;

3128:20, 24; 3129:1;

3137:7; 3142:20, 25;

3143:3; 3182:21; 3194:21;

3199:4; 3258:5, 23

analyst [4] - 3100:1, 5;

3102:22, 25

analytical [1] - 3158:14

analyze [3] - 3181:16;

3194:20; 3240:9

analyzed [4] - 3143:14;

3182:3, 16; 3259:2

analyzing [1] - 3190:8

AND [56] - 2976:3, 5-6, 8-9,

11; 2980:5, 9-10, 12,

17-18, 22; 2981:3, 8;

2983:10, 17-18; 2984:9;

2985:6, 11-12, 20; 2986:5;

2988:11-13; 2989:21;

2990:12; 3055:22;

3073:25; 3088:14; 3153:1;

3177:18; 3178:11;

3192:12; 3201:14, 16;

3256:16; 3261:8; 3262:4

AND/OR [2] - 2981:7;

3088:11

animals [3] - 3010:23;

3015:18; 3062:19

Ann [1] - 3058:20

ann [1] - 3058:21

Anna [2] - 2978:15; 2979:11

Anne [1] - 3058:18

annotated [1] - 3008:17

annual [1] - 3085:10

ANOTHER [2] - 2986:9;

3289:15

answer [42] - 3008:9; 3017:5;

3019:8; 3076:11; 3078:4;

3090:11; 3093:1; 3094:5;

3095:1, 9; 3097:12, 20;

3098:2, 11, 21; 3099:2, 7,

16, 22; 3100:2, 6; 3101:12;

3103:2; 3114:15; 3125:24;

3131:4, 18; 3135:16;

3142:6; 3175:20; 3177:1;

3194:24; 3231:12; 3244:1;

3245:22; 3253:16; 3280:9,

23; 3285:9; 3287:13;

3300:6; 3315:2

answered [2] - 3234:21;

3277:24

answering [5] - 3075:17;

3111:3; 3129:16; 3139:22;

3214:6

answers [1] - 3216:20

anticipate [2] - 3167:4;

3325:12

anticipated [2] - 3205:20;

3231:9

anticipation [1] - 3200:17

Antoine [1] - 3003:11

Anuik [1] - 3024:21

anyway [7] - 3019:24;

3047:13; 3050:8, 18;

3189:9; 3239:6; 3248:3

anyways [1] - 3015:9

Anzac [2] - 3015:12; 3023:13

AOSERP [2] - 3023:2

apologies [1] - 3219:14

apologize [3] - 2994:25;

3027:2, 17

appear [4] - 3182:22; 3202:5;

3248:23; 3252:10

APPEARANCES [1] - 2977:1

appearing [1] - 3098:8

Appendix [2] - 2998:3;

3060:25

applicable [2] - 3041:12;

3253:1

APPLICANT [1] - 2978:1

application [1] - 3101:8

Application [3] - 3056:3;

3142:23; 3234:11

APPLICATION [1] - 2976:4

applied [5] - 3126:2;

3275:24; 3298:12; 3300:3;

3309:22

applies [2] - 3305:5; 3310:3

apply [10] - 3113:4; 3157:9;

3214:12; 3304:10; 3305:8;

3308:22; 3309:5, 10, 13,

24

appointed [1] - 3247:16

appreciate [5] - 2990:9;

3055:8, 10; 3313:15;

3319:3

approach [18] - 2999:6;

3002:20; 3021:24; 3053:5;

3161:3, 11; 3189:9;

3210:4; 3213:1; 3214:13;

3223:24; 3268:21;

3269:11; 3287:14; 3305:4;

3325:11

approaches [2] - 3213:7;

3248:23

approaching [1] - 3206:17

appropriate [18] - 2997:20;

3104:21; 3113:4; 3135:11;

3137:13, 16, 18; 3154:25;

3155:23; 3204:15;

3206:12; 3240:14;

3254:21; 3256:5; 3301:6;

3305:5, 22

appropriately [1] - 3240:9

approval [4] - 3206:7;

3209:18; 3292:22; 3294:1

approvals [1] - 3260:14

approve [2] - 3261:20;

3291:1

approved [5] - 3060:18;

3061:21; 3069:9; 3196:23;

3246:10

approving [1] - 3230:3

approximate [1] - 3019:13

April [1] - 3027:20

aquatic [13] - 3098:12;

3099:10; 3158:17;

3210:21, 25; 3234:5, 14;

3240:7, 23; 3282:7;

3302:14, 19; 3303:9

AR6 [1] - 3186:10

Archival [1] - 3029:5

Archives [2] - 3002:11;

3030:23

archives [2] - 3030:13, 25

arctic [3] - 3243:3, 5, 8

ARE [2] - 2985:10; 3178:10

area [75] - 2991:2; 2992:24;

2995:14; 2998:11;

3001:20; 3002:17; 3004:4,

15; 3007:5, 15, 23; 3008:1,

7; 3009:18; 3010:4, 18;

3011:9, 16, 19, 24; 3013:7,

10, 23; 3015:5-7, 24;

3029:3, 9, 22-23; 3030:19;

3031:22; 3032:20;

3035:19; 3040:20, 22;

3045:9; 3058:4; 3061:7;

3062:9; 3076:2; 3077:12;

3079:8, 14, 22; 3102:4;

3111:22; 3126:11;

3127:22; 3128:4; 3134:4;

3150:20; 3163:12; 3171:6;

3175:3, 7; 3176:16;

3177:2; 3191:4; 3195:3;

3198:18; 3231:21;

3234:12; 3241:20;

3242:23; 3290:4; 3301:16;

3302:24; 3323:4; 3325:3

Area [19] - 2994:14; 2997:22;

2998:21; 2999:16, 22;

3001:6; 3006:21; 3031:19;

3058:1; 3126:5, 8; 3136:6,

8; 3143:14; 3171:22

areas [31] - 2996:25; 2997:1;

3004:18, 24; 3005:1;

3013:23; 3015:19;

3021:25; 3027:12; 3031:6;

3074:8; 3079:18; 3090:17;

3105:8; 3155:1; 3157:9;

3171:10; 3172:13; 3173:2,

17; 3187:12, 17; 3210:10;

3213:4; 3236:19; 3239:25;

3279:13; 3280:14, 21

Areas [3] - 2997:7, 20;

3063:6

arguably [2] - 3077:10;

3083:3

argue [1] - 2995:10

argues [1] - 2997:12

argument [6] - 3121:7, 24;

3122:8, 17; 3123:2; 3193:7

Argyll [1] - 3193:9

arise [2] - 3093:6, 10

arising [2] - 2989:15;

3172:18

AROMATIC [2] - 2983:17;

3201:15

Aromatic [3] - 3187:20;

3199:21; 3271:21

arose [1] - 3284:11

arranged [1] - 3121:10

arrived [1] - 3193:21

ARSENIC [4] - 2985:6, 11;

3177:19; 3178:11

arsenic [5] - 3176:5;

3177:12; 3178:18; 3183:2

artefacts [1] - 3002:3

article [4] - 2993:23;

3091:10; 3290:8; 3291:11

articles [2] - 2993:14;

3109:17

artifical [1] - 3076:20

artificial [2] - 3022:13;

3036:15

Arts [1] - 2991:14

ascertaining [1] - 3197:17

aside [2] - 3000:7; 3134:4

aspect [10] - 3041:23;

3043:14; 3044:17;

3050:11; 3135:19; 3270:1;

3299:4; 3309:1

aspects [7] - 3045:14;

3098:12; 3099:3, 16;

3174:16; 3296:23; 3303:13

assemble [1] - 3088:2

assembled [3] - 3089:22;

3090:11, 17

assembling [1] - 3101:7

Assembly [1] - 3040:11

assert [2] - 3001:15; 3076:8

assertions [1] - 3252:3

assess [9] - 3093:9; 3095:7;

3158:13; 3228:9; 3234:6;

3260:8; 3265:24; 3287:5;

3319:20

assessed [2] - 3114:22;

3203:14

assessing [7] - 3108:10;

3113:24; 3119:9; 3213:1;

3215:23; 3236:10; 3240:2

Assessing [1] - 3238:9

ASSESSING [2] - 2984:3;

3238:15

assessment [26] - 2998:15;

3095:10; 3102:22, 25;

3109:9, 11; 3112:19, 25;



5

3143:5; 3168:18; 3176:24;

3203:25; 3205:21;

3206:23; 3217:24; 3218:9;

3237:12; 3238:21;

3239:23; 3241:22;

3243:15; 3246:19; 3272:5;

3312:21; 3320:11, 15

ASSESSMENT [3] - 2976:5,

10; 2977:6

Assessment [28] - 2995:8;

3006:2; 3097:11, 19;

3101:2, 6; 3108:19;

3112:19; 3113:1; 3114:18;

3136:15; 3143:24; 3144:4,

9; 3182:6; 3194:8; 3196:8;

3205:11; 3213:13; 3215:5;

3234:11; 3267:6; 3275:10;

3298:18; 3308:25;

3310:18, 24

Assessment" [1] - 2998:4

Assessments [4] - 2994:12;

3001:2; 3015:8; 3196:3

assessments [10] - 2999:7;

3113:1, 22; 3114:1, 3, 9;

3136:14; 3146:2; 3177:5;

3195:10

assist [6] - 3048:15; 3097:3;

3118:19; 3149:23;

3173:18; 3177:24

assistance [3] - 3090:10;

3175:18; 3268:2

assisted [1] - 3102:25

associated [10] - 3091:20;

3204:12, 22-23; 3216:7,

10; 3219:21; 3227:3;

3229:3; 3271:8

Association [2] - 2978:12;

3253:7

association [1] - 3035:3

ASSOCIATION [4] - 2984:8;

2985:19; 3256:15; 3262:2

assume [7] - 3076:1; 3078:6,

20; 3079:16; 3244:7;

3267:1; 3322:20

assumed [1] - 3264:17

assumes [1] - 2998:15

assuming [7] - 3041:22;

3114:25; 3178:22;

3193:13; 3232:24;

3316:18; 3317:24

assumption [2] - 3215:21;

3216:1

assumptions [11] - 3213:21;

3265:1; 3269:21; 3271:7,

11, 14, 17, 19; 3272:4;

3273:12; 3316:14

assurance [2] - 3257:19;

3258:14

assure [1] - 3254:21

assured [1] - 3166:22

AT [9] - 2976:15; 2982:5,

15-16, 19-20; 2983:10;

3152:25

Athabasca [44] - 2978:7;

2993:3; 2994:2; 2997:4;

3011:25; 3022:5; 3023:3;

3030:6; 3060:15; 3061:17;

3186:11; 3188:7; 3199:22;

3201:1, 3; 3202:8;

3203:20; 3204:6, 24;

3208:21; 3210:16; 3213:2,

5; 3214:13; 3215:13, 15;

3219:22; 3220:4; 3223:5;

3225:11; 3232:2, 17;

3234:5; 3278:11; 3281:25;

3282:5; 3283:25; 3287:17;

3288:6; 3300:25

ATHABASCA [8] - 2982:17;

2983:18, 23; 3201:16;

3238:2; 3278:5

atmosphere [3] - 3184:8, 23;

3185:3

Atmospheric [1] - 3179:25

attached [3] - 3168:16;

3294:9; 3317:18

attain [1] - 3268:13

attempt [3] - 2993:12;

3223:10; 3266:18

attempts [1] - 3205:3

attend [1] - 3121:21

attendance [1] - 3072:14

attended [1] - 3014:23

attending [1] - 3198:3

attention [2] - 3146:3;

3306:14

ATTORNEY [13] - 2981:7, 24;

2982:2, 7, 9, 12, 17;

3088:11; 3095:24;

3104:13; 3123:15; 3172:9;

3278:4

Attorney [2] - 2978:8, 23

attributed [1] - 3205:22

audience [1] - 3027:4

audit [2] - 3239:2, 14

audited [1] - 3237:11

AUDITOR [2] - 2983:20;

3222:12

Auditor [7] - 3218:25;

3219:2; 3222:2; 3224:13;

3237:10; 3238:11; 3239:3

Auditor's [1] - 3241:6

August [2] - 3219:1, 3

auspices [1] - 3246:13

Austin [1] - 2977:21

author [2] - 3033:14;

3180:15

authoritative [1] - 3258:2

authoritatively [1] - 3258:15

authorities [1] - 3240:8

authority [2] - 3048:6;

3288:22

authorization [3] - 3209:25;

3288:20; 3289:8

AUTHORIZATION [2] -

2986:8; 3289:14

authors [2] - 3178:24;

3192:6

AUTHORS [2] - 2985:14;

3192:14

automatically [1] - 3147:15

availability [4] - 3181:16;

3208:23; 3263:18; 3273:14

available [52] - 2995:21;

2998:15; 3007:1; 3013:24;

3015:3; 3020:21; 3021:8;

3028:17; 3030:13;

3031:13; 3033:9; 3091:7;

3094:2; 3098:7; 3101:18,

23; 3102:6; 3135:14;

3137:8; 3139:24; 3151:22;

3153:17, 20; 3173:22;

3179:24; 3181:20;

3191:12; 3192:2, 7;

3199:2, 10; 3200:16;

3201:24; 3202:22;

3233:14; 3252:25; 3254:9;

3257:9; 3258:11, 22;

3267:19; 3269:1; 3272:13;

3280:19; 3295:10;

3299:18; 3315:16; 3316:1;

3317:25; 3318:4, 18;

3324:1

AVAILABLE [2] - 2985:14;

3192:14

avian [3] - 3306:22; 3307:1, 3

avoid [23] - 3119:18; 3120:9;

3133:12; 3134:16;

3144:24; 3145:13; 3150:5,

9, 17-18; 3151:13; 3157:8;

3205:8; 3294:25; 3295:10;

3296:12, 17; 3297:5;

3302:14, 19; 3303:8, 20;

3306:2

avoidance [6] - 3069:15;

3133:16; 3134:10, 13;

3149:12; 3151:3

avoided [2] - 3113:2; 3136:4

avoiding [1] - 3296:23

aware [32] - 3008:6; 3015:4;

3033:6; 3056:22; 3057:2;

3058:13, 24; 3059:6;

3064:22; 3139:25;

3140:10; 3193:19, 22-23;

3197:24; 3227:2; 3228:4;

3273:1, 4; 3279:8, 11;

3282:15; 3288:10, 19;

3289:2; 3298:8, 14, 17;

3299:1; 3306:24; 3322:12

awareness [1] - 3180:18

awkward [1] - 3166:10

B

B.C [2] - 3042:14; 3171:10

BA [1] - 2991:12

BACK [2] - 2985:16; 3226:8

background [4] - 2995:22;

3006:23; 3091:4; 3157:22

backwards [1] - 3175:17

bacterial [2] - 3276:25;

3277:20

bad [3] - 3010:7; 3278:15, 17

Baird [1] - 3247:23

balance [1] - 3313:8

balanced [1] - 3248:24

balancing [1] - 3313:5

Balazs [2] - 3020:25;

3021:15

Ball [2] - 3100:21; 3101:1

BALL [4] - 2981:19; 3089:10;

3100:23; 3103:25

ball [1] - 3103:22

ballot [1] - 3085:16

ballot-box [1] - 3085:16

ballpark [2] - 3160:16, 18

band [1] - 3084:15

Band [1] - 2978:17

BAOLIN [2] - 2981:20;

3089:13

Baraniecki [9] - 3096:9, 13;

3104:1; 3131:4; 3172:19;

3174:14; 3199:17;

3255:22; 3291:21

BARANIECKI [37] - 2981:11;

3088:20; 3096:11; 3104:4;

3110:10; 3114:6; 3129:20;

3133:22; 3134:24; 3137:3;

3142:1; 3149:16; 3150:21;

3153:10; 3157:21; 3163:5;

3167:21; 3170:2; 3172:25;

3174:19; 3179:6; 3193:18;

3194:6; 3200:2; 3201:22;

3244:21; 3247:22; 3253:5;

3255:24; 3259:20;

3261:11; 3291:20; 3301:2;

3302:21; 3305:13; 3308:4;

3321:17

Barb [8] - 3001:20; 3002:5;

3003:1; 3004:5, 16;

3005:3, 13

barrel [1] - 3274:18

Barrie [1] - 3098:24

BARRIE [2] - 2981:12;

3088:22

Barter [1] - 2977:13

base [4] - 3037:5, 20;

3046:15; 3051:10

Base [3] - 3223:3; 3224:5;

3225:9

based [32] - 2991:18;



6

2993:21, 25; 3023:11-13;

3040:16; 3041:1; 3061:21;

3137:5; 3169:14; 3182:14,

19; 3190:7; 3212:12;

3225:5; 3227:8; 3232:8;

3251:22; 3252:19;

3266:24; 3267:17; 3271:3,

7; 3272:3, 22; 3275:21;

3276:1, 9, 19; 3293:23

based) [1] - 3251:4

baseline [10] - 3008:14;

3240:5; 3241:4; 3242:3,

17, 21; 3243:8, 13; 3245:7;

3286:11

baselines [2] - 3241:11;

3242:7

Basin [4] - 3008:13, 19;

3028:5; 3204:5

basis [8] - 2997:21; 3044:9;

3046:14; 3073:7; 3077:17;

3123:1; 3212:8; 3320:7

Batoche [1] - 3035:19

Bay [3] - 3035:16; 3079:14

BE [4] - 2985:14; 2986:9;

3192:14; 3289:15

Beach [1] - 3091:19

bear [3] - 3059:20; 3070:23;

3106:23

bearing [2] - 3080:24;

3320:14

Beauval [2] - 3079:16, 22

Beaver [2] - 3012:3

beaver [1] - 3012:5

became [3] - 3003:17;

3015:14; 3036:16

become [8] - 3007:19;

3011:17; 3013:23;

3024:19; 3217:14; 3233:8;

3270:6; 3294:1

becomes [1] - 3299:17

beforehand [1] - 3118:12

beg [1] - 3123:13

began [3] - 3158:17;

3220:14; 3246:11

begin [3] - 3158:18; 3197:10;

3325:6

beginning [3] - 3044:15;

3046:9; 3121:21

begins [1] - 3257:14

begun [1] - 3325:7

behalf [7] - 2979:5, 10-11;

3066:16; 3174:9; 3246:14

behind [5] - 3084:19; 3099:5;

3101:20; 3102:1, 23

BEING [2] - 2986:6; 3261:9

believes [4] - 3070:12;

3203:22; 3254:4

below [14] - 3058:3; 3108:14;

3116:7, 9; 3117:2; 3143:6,

11; 3163:2; 3223:5, 13, 17;

3320:19, 24; 3321:1

Bench [1] - 3076:16

Benchmarks [2] - 3099:8

beneath [1] - 3018:9

benefit [4] - 3040:6; 3055:2;

3274:5; 3295:23

benefited [1] - 3100:10

benefits [1] - 3069:14

BENNETT [2] - 2981:12;

3088:21

Bennett [2] - 3098:6;

3129:15

benthic [1] - 3215:4

berries [1] - 3015:18

Berryman [2] - 3102:24;

3228:19

BERRYMAN [3] - 2981:10;

3088:17; 3228:23

berryman [1] - 3102:24

Bertolin [1] - 2978:18

beside [2] - 3079:13, 17

best [24] - 2994:10; 3016:18;

3018:6; 3052:2; 3055:5;

3070:5; 3072:18; 3083:21;

3093:9; 3116:17; 3121:5;

3132:18; 3178:23;

3181:19; 3199:5; 3252:24;

3256:7; 3267:14; 3296:5;

3315:16; 3316:1; 3317:25;

3318:4; 3327:11

bet [1] - 3270:10

better [16] - 2992:19; 3013:2;

3022:4, 11; 3024:18;

3030:5; 3166:10; 3189:21;

3205:13; 3244:1; 3267:3;

3268:14; 3269:11;

3279:19; 3316:5

Betts [2] - 3110:7, 21

between [28] - 3015:24;

3017:9, 22; 3035:7;

3038:2; 3039:23; 3043:8;

3056:4, 16, 18; 3058:14;

3059:5; 3071:17; 3074:9;

3082:17; 3083:1; 3111:20;

3176:7; 3177:11; 3236:23;

3237:13; 3246:9; 3264:23;

3265:17; 3288:2, 17;

3322:15

BETWEEN [2] - 2985:6;

3177:18

Bevan [1] - 2977:18

beyond [4] - 3039:18;

3041:1; 3077:24; 3280:8

bibliography [2] - 3008:17;

3020:6

Biche [14] - 2992:24; 3003:6,

17; 3015:12; 3025:3, 15;

3026:7; 3076:3; 3077:6;

3078:5, 21, 25

Bickerton [3] - 3099:13, 15,

20

BICKERTON [2] - 2981:17;

3089:7

Biem [4] - 2978:7; 3262:24;

3278:13; 3325:23

big [5] - 3053:14; 3054:22;

3070:25; 3204:19; 3246:3

bigger [1] - 3232:17

biggest [1] - 3021:17

bill [2] - 3024:3; 3214:7

Bill [2] - 3072:13; 3214:23

BILL [2] - 2980:6; 2988:13

binder [1] - 3023:7

binders [1] - 3019:20

binding [1] - 3308:2

bio [1] - 3184:1

bioassays [2] - 3160:7;

3161:5

biodiversity [9] - 3097:15;

3128:13, 18, 21; 3129:2, 7,

12; 3136:8; 3325:2

Biodiversity [1] - 3097:16

Biological [2] - 3129:14;

3132:4

biological [5] - 3130:1;

3132:15; 3213:16; 3215:2

Birchall [1] - 2977:7

Bird [1] - 3199:22

bird [7] - 3124:2; 3128:14;

3139:21; 3201:1; 3295:1;

3296:14; 3306:3

birds [28] - 3062:16;

3097:13, 21; 3114:23;

3124:16; 3133:3, 10;

3139:17; 3140:1, 5, 11, 16,

19, 24; 3141:9, 19, 24;

3142:16; 3202:7; 3300:21;

3302:15, 20; 3303:10;

3304:5, 9; 3305:2;

3307:24; 3324:3

Birds [7] - 3141:20; 3306:12;

3307:9; 3308:5, 21;

3309:19; 3310:10

Bishop [4] - 2978:19;

2987:25; 3068:5; 3086:12

BISHOP [12] - 2988:1, 15;

2989:13; 2990:9, 18;

3020:5; 3057:4, 8;

3065:11; 3086:13; 3087:4,

19

bit [26] - 3000:8; 3006:23;

3007:8; 3008:12; 3013:14;

3014:2; 3018:10; 3025:12;

3029:2, 6; 3036:11;

3037:17; 3056:15; 3060:6,

10; 3061:25; 3115:5;

3141:6; 3183:10; 3184:5;

3194:7; 3232:17; 3245:21;

3290:13; 3305:15

bits [2] - 3246:11, 17

bitumen [4] - 3072:25;

3141:9; 3188:24; 3295:12

black [3] - 3106:23; 3128:25;

3129:10

Black [3] - 2977:12; 3089:24;

3125:20

Black-throated [1] - 3125:20

block [1] - 3079:18

blocking [1] - 3063:2

BOARD [6] - 2976:4, 11;

2977:9; 2980:23; 2981:4;

3074:1

Board [6] - 2977:10; 3037:3;

3173:18; 3179:10

bodied [5] - 3227:17;

3229:15; 3284:17; 3286:5

bodies [5] - 3036:23; 3039:5;

3047:2; 3083:11

body [11] - 3034:10; 3039:3;

3047:2; 3049:24; 3050:10,

12; 3082:19; 3085:7;

3173:13; 3195:23; 3229:22

boilers [1] - 3184:13

Bolton [2] - 2977:4; 3103:7

bombing [1] - 3079:13

BONSAL [8] - 2981:12;

3088:22; 3170:10;

3212:22; 3214:17, 21;

3215:16; 3264:12

Bonsal [4] - 3098:25; 3099:2;

3212:20; 3264:11

bonus [1] - 3287:22

Book [2] - 3091:20; 3092:23

BOOK [2] - 2983:5; 3093:23

book [10] - 2992:3; 3011:9;

3027:10; 3033:12;

3086:20, 24; 3091:23;

3092:4; 3093:15

bookkeeping [1] - 3161:13

booklet [1] - 3056:8

books [1] - 2993:14

Booty [3] - 3098:19, 21;

3214:7

BOOTY [6] - 2981:13;

3088:23; 3214:7, 19;

3215:7; 3270:13

border [4] - 3040:19; 3076:4,

22

Boreal [1] - 3146:14

boreal [5] - 3098:2; 3146:19;

3147:5, 25; 3227:9

born [3] - 3003:6; 3009:23;

3010:5

bottom [7] - 3116:22;

3190:9; 3203:8; 3207:14;

3219:9; 3254:12; 3319:12

Boucher [1] - 2990:2

bound [5] - 3116:9; 3183:23;

3184:2, 11, 14

boundaries [2] - 3036:15;



7

3080:23

boundary [5] - 3036:11;

3076:20; 3077:1; 3080:24;

3143:6

bounds [2] - 3116:17;

3269:21

box [1] - 3085:16

boxes [1] - 3053:19

Boychuk [1] - 2977:16

Break [1] - 3301:23

break [15] - 3059:17; 3065:1,

13; 3104:22, 24; 3111:11;

3115:16; 3120:14; 3121:2;

3192:18, 22; 3262:11;

3301:18

breaks [1] - 3121:3

breeding [1] - 3126:21

breeds [1] - 3027:23

brevity [1] - 3179:16

Brian [2] - 3102:11, 14

BRIAN [2] - 2981:9; 3088:15

brief [6] - 2995:5; 3069:25;

3088:9; 3092:7; 3115:15;

3172:19

Brief [1] - 3301:23

BRIEF [1] - 2981:6

briefed [2] - 3288:8; 3289:3

briefly [4] - 3033:3; 3087:9;

3120:24; 3243:24

bring [8] - 3022:1; 3046:4;

3050:2; 3070:18; 3083:3;

3246:16; 3295:22; 3296:1

brink [2] - 3114:12; 3115:9

Britain [1] - 3034:20

British [6] - 3036:22;

3041:15, 17; 3042:1;

3043:9; 3327:4

broad [8] - 3037:22; 3052:5;

3076:11; 3096:22;

3224:22; 3316:3, 10, 12

broader [1] - 3280:22

broadly [2] - 3062:9; 3080:18

brought [4] - 3000:10;

3042:21, 25; 3072:24

bubbles [1] - 3277:16

Buffalo [6] - 2979:3;

3026:13; 3029:9; 3045:3,

20; 3137:22

build [1] - 3073:1

BUILDING [2] - 2984:6;

3248:9

building [2] - 3247:20;

3296:4

built [2] - 3031:21; 3232:24

bulldozed [1] - 3031:22

bullet [2] - 3170:24

bullets [1] - 3150:24

bunch [2] - 3072:24; 3137:14

burbot [1] - 3287:18

Burlington [3] - 3098:11, 21;

3099:15

burned [1] - 3171:10

bush [1] - 3063:3

business [1] - 2994:3

businesses [1] - 2989:2

BUSS [38] - 2982:10, 13;

3104:9; 3172:10; 3177:21;

3178:16, 19, 22; 3179:3, 9,

12; 3192:1, 17, 23; 3193:1,

11; 3201:10; 3202:3;

3221:24; 3222:5, 8, 15;

3226:2, 12, 21; 3237:19;

3238:4, 18; 3248:4, 12;

3261:23; 3262:8, 14;

3263:13; 3264:4, 7;

3277:23

Buss [21] - 2978:11; 2979:1;

3091:6, 23; 3104:8;

3105:5; 3172:1, 12;

3193:10; 3194:24;

3261:11; 3262:6; 3263:1,

12; 3278:1, 15; 3279:2;

3282:25; 3284:8; 3285:2;

3318:21

Buss's [1] - 3295:21

buy [2] - 3013:20; 3265:19

buys [1] - 3000:14

BY [44] - 2976:2, 11; 2980:8,

11, 16, 18-19, 23; 2981:4,

23; 2982:3, 8, 10, 13,

17-18; 2985:5, 13, 17;

2988:14; 2989:22; 2991:7;

3055:23; 3074:1; 3090:3;

3104:14; 3123:16;

3172:10; 3177:17;

3192:14; 3226:9; 3278:4

C

c) [1] - 3027:17

C.0-7 [1] - 2976:8

C1-C4-alkylated [1] -

3189:23

cabin [9] - 3002:3, 5-6;

3006:10, 12, 19; 3011:12;

3032:21

cabinet [1] - 3037:2

cabins [6] - 3015:22; 3022:9;

3031:11; 3074:7, 9

calculate [2] - 3190:9;

3207:24

Calgary [1] - 2991:13

calibrate [2] - 3268:11, 20

calibrated [1] - 3266:12

calibration [1] - 3267:10

California [1] - 3091:19

CANADA [39] - 2976:2, 12;

2980:19; 2981:7, 11, 18,

21, 25; 2982:3, 8, 10, 13,

17; 2983:15, 19-20;

2985:5, 9, 22; 3055:23;

3088:11, 14, 19; 3089:9,

15; 3095:24; 3104:13;

3123:15; 3172:6, 9;

3177:17; 3178:9; 3201:17;

3222:13; 3256:20; 3278:4

Canada [164] - 2978:2, 9;

2979:7; 2987:10; 3005:21;

3034:14, 20-21; 3035:8,

17; 3037:15; 3039:13;

3046:22; 3048:11;

3090:5-7; 3092:3; 3096:10,

15, 21; 3098:13; 3099:17,

24; 3100:13, 16, 22, 25;

3101:2, 4, 16, 22; 3102:16;

3103:5, 11, 14, 22; 3104:1;

3125:14; 3126:17;

3132:14; 3133:19;

3138:18; 3139:5, 7, 9, 19;

3141:17, 22; 3144:5,

10-11; 3151:15; 3152:15;

3154:3, 20; 3156:4;

3158:12; 3160:4; 3161:7;

3163:11, 20; 3164:1;

3167:14, 20; 3168:3, 9;

3169:5, 16, 23-24;

3170:11, 15, 18; 3172:20;

3174:2, 24; 3177:10;

3178:3; 3179:19, 23;

3180:18; 3181:3; 3186:22;

3191:13; 3193:13; 3194:3,

9; 3198:12; 3199:15;

3201:7; 3203:2, 12, 16;

3205:19; 3210:10;

3212:25; 3215:14;

3218:25; 3230:25;

3238:12; 3241:16;

3243:20; 3244:3, 17;

3245:12; 3246:9, 14;

3249:10; 3253:2; 3255:22;

3259:3, 10, 13; 3264:17;

3265:25; 3266:5; 3291:16,

19; 3292:11, 20; 3294:22,

24; 3295:4, 17, 20; 3297:9,

14, 22; 3298:5; 3299:6, 10;

3301:9; 3302:11, 13, 18;

3304:14; 3305:12; 3306:1,

4, 11, 21, 25; 3307:15,

18-19; 3308:1, 13; 3311:1;

3312:24; 3314:17; 3320:9,

11; 3321:9, 15; 3322:11;

3327:5

Canada's [31] - 3034:25;

3096:19; 3097:2, 6;

3102:17, 21; 3103:16;

3121:13; 3129:13, 19;

3130:7; 3131:16; 3132:3;

3162:25; 3163:3; 3164:6;

3173:8; 3193:16; 3196:21;

3212:19; 3238:21;

3261:19; 3264:10;

3270:21; 3272:18; 3279:3;

3290:1; 3291:23; 3294:2;

3296:20; 3315:25

Canada-Alberta [5] -

3098:13; 3099:17, 24;

3174:24; 3314:17

Canada/Alberta [1] - 3314:4

Canadian [17] - 2991:19;

2993:15; 3112:19, 25;

3114:17; 3143:23; 3144:3,

8; 3158:3; 3161:14, 23;

3253:6; 3308:24; 3309:17;

3310:17, 23; 3321:6

CANADIAN [7] - 2976:5, 9;

2977:6; 2984:8; 2985:19;

3256:15; 3262:2

Canadians [1] - 3048:25

cancelled [1] - 3031:1

CanmetENERGY [1] -

3102:3

cannot [2] - 3127:7; 3300:18

canvass [1] - 3122:25

capability [1] - 3251:13

capacity [17] - 3017:12;

3020:15; 3053:15, 21;

3054:4; 3061:4; 3062:10;

3064:7, 15; 3068:15, 23;

3069:18; 3071:12;

3074:18; 3075:2; 3240:6,

22

CAPP [3] - 3254:13; 3260:13;

3261:23

CAPP's [1] - 3261:1

CAPP'S [2] - 2986:5; 3261:8

captive [1] - 3027:4

captured [1] - 3310:25

Cardinal [2] - 3058:21

cards [1] - 3039:16

care [2] - 3050:11; 3278:16

careful [3] - 2996:6; 3051:16;

3257:4

carefully [1] - 3012:9

caribou [8] - 3015:4; 3098:3;

3146:10, 16, 19; 3147:5,

25

Caribou [1] - 3146:14

carried [2] - 2997:23; 3268:4

carry [3] - 3082:21; 3121:2;

3281:5

carrying [2] - 3240:6, 22

carve [1] - 3084:25

carved [1] - 3260:18

case [34] - 3001:5; 3037:11;

3038:5; 3039:12; 3040:17;

3041:12; 3042:13;

3048:11, 20; 3050:7, 22;

3081:14; 3085:4; 3108:13;

3131:21; 3135:10, 20;

3136:19, 23; 3138:20;



8

3188:8; 3198:17; 3206:24;

3207:2; 3214:3; 3242:21;

3263:24; 3289:22; 3297:5;

3303:16; 3308:4; 3309:14

Case [7] - 3106:2, 20;

3107:8; 3143:3; 3273:9

Cases [1] - 3274:6

cases [12] - 3044:22; 3046:1;

3049:15; 3050:20; 3077:8;

3078:14; 3116:24;

3134:21; 3135:7; 3140:11;

3293:19, 21

Cassady [1] - 3140:21

castor [4] - 3009:23;

3011:14, 21; 3012:1

Castor [24] - 3006:20;

3007:4, 8; 3009:17;

3010:5; 3011:12, 17;

3012:6, 13, 20, 23; 3013:4;

3014:4, 11; 3028:7;

3031:18, 25; 3032:1;

3058:7, 10, 17; 3059:1, 9

Castor's [3] - 3006:12;

3010:17; 3011:16

Castors [1] - 3011:8

categories [1] - 3311:22

category [1] - 3293:14

caused [2] - 3140:1; 3171:18

causes [1] - 3216:12

caution [1] - 3112:12

cautious [1] - 3111:15

caveat [2] - 3118:6; 3276:18

CCME [1] - 3321:6

CDs [2] - 3019:19; 3053:16

CEAA [10] - 2977:6; 3113:3,

24; 3138:16; 3143:19, 21;

3290:25; 3291:1; 3306:6

CEAA's [1] - 3112:24

CEAR [1] - 2976:5

CEMA [12] - 3250:10; 3253:3;

3254:4, 7, 17; 3255:1;

3256:1, 3, 7; 3261:14, 21;

3314:8

Centre [2] - 3099:1; 3199:16

certain [9] - 3090:25;

3124:20; 3157:9; 3164:23;

3217:15; 3268:12;

3292:19; 3318:8

certainly [45] - 3033:11;

3055:1; 3059:10; 3077:17;

3079:1; 3080:7; 3093:8;

3124:16; 3125:7; 3126:3,

7; 3127:1; 3131:22;

3134:12; 3135:21; 3137:9;

3140:7; 3143:12; 3149:18;

3164:2, 11; 3196:18;

3200:11; 3228:14;

3252:20; 3256:1, 10;

3262:14; 3263:2; 3278:25;

3296:1, 24-25; 3298:11;

3300:8; 3306:24; 3310:19;

3313:13; 3315:9; 3319:18;

3320:6, 23; 3322:12;

3325:12

certainty [1] - 3270:6

CERTIFICATION [1] - 3327:1

certify [1] - 3327:5

cetera [3] - 3024:13;

3068:18; 3069:14

chain [1] - 3026:9

Chair [7] - 2977:3; 2990:10;

3065:11; 3087:19; 3176:9;

3203:6; 3325:21

chaired [1] - 3247:16

Chairman [29] - 3055:18;

3064:25; 3066:25;

3067:13; 3086:8; 3089:20;

3093:25; 3096:11;

3100:23; 3103:6; 3104:19;

3115:13; 3118:11;

3120:12; 3122:13, 22;

3137:3; 3152:7; 3179:3, 9;

3201:11, 19; 3221:25;

3237:19; 3245:2; 3248:5;

3261:24; 3262:24; 3278:8

chairman [1] - 3162:10

CHAIRMAN [76] - 2987:4, 8,

14, 23; 2988:8; 2989:15;

2990:8; 3055:12, 16;

3065:3, 9; 3066:23;

3067:11; 3073:21; 3086:9;

3087:3, 12, 17, 22; 3088:6;

3089:19; 3093:11, 15, 21;

3095:22; 3104:7, 11, 18,

23; 3107:18; 3109:14;

3115:17; 3118:24;

3120:15, 23; 3122:3, 7, 12,

20; 3123:6; 3131:12;

3141:1; 3152:12, 18;

3153:3; 3162:15; 3172:2;

3179:11; 3192:20, 24;

3193:5; 3201:12; 3222:3,

6, 10; 3237:23; 3238:13;

3248:6; 3261:25; 3262:6,

12, 16, 20; 3263:3, 10;

3264:2, 6; 3278:1;

3290:19; 3291:3, 12;

3301:15, 21, 25; 3326:1, 4

challenge [2] - 3076:14;

3252:2

challenging [2] - 3052:23;

3236:15

Chambers [9] - 3098:10;

3178:23; 3180:11-13;

3186:19; 3199:24; 3248:13

CHAMBERS [13] - 2981:13;

3088:24; 3179:18;

3180:13; 3186:21;

3193:22; 3196:17;

3198:15; 3246:8; 3248:17;

3258:13; 3270:1; 3319:7

chance [3] - 3014:21;

3091:3; 3287:8

Change [1] - 3169:23

change [34] - 3054:2; 3077:1;

3099:3; 3105:7; 3111:7;

3112:9; 3157:19; 3162:23;

3170:5; 3171:18; 3175:16;

3212:18; 3213:2, 20;

3214:14; 3215:23; 3216:8,

10; 3217:1, 13, 24; 3218:5,

7, 9; 3257:6; 3260:18;

3269:18, 20; 3286:7;

3304:25; 3305:3; 3316:21

CHANGE [2] - 2983:16;

3172:7

changed [4] - 3018:14;

3054:5; 3246:24

changes [9] - 3014:14;

3028:2; 3157:5; 3204:22;

3207:17; 3241:1; 3267:13;

3324:15; 3325:17

changing [4] - 3241:13;

3242:9; 3249:6; 3325:13

channels [1] - 3277:20

CHAPTER [2] - 2984:3;

3238:15

chapter [3] - 3237:11;

3248:2; 3270:20

Chapter [4] - 3238:9;

3291:16; 3292:3; 3293:24

characterization [2] -

3246:4; 3292:18

characterize [2] - 3161:8;

3221:13

characterized [1] - 3292:17

charged [1] - 3045:19

Charles [1] - 2977:7

Charlottetown [4] - 3047:17,

19, 23; 3049:1

CHARTIER [7] - 2980:15;

2990:16; 3034:4; 3056:6;

3075:21; 3080:17; 3084:12

Chartier [7] - 2990:20;

3029:5; 3033:22; 3034:1;

3056:1; 3075:10; 3080:10

chartier [1] - 3055:8

Chartrand [1] - 3040:14

charts [1] - 3178:2

chase [1] - 3213:9

check [13] - 2993:8; 3130:4,

25; 3131:2, 5; 3132:11;

3158:11; 3186:16;

3191:17; 3192:1, 3;

3225:25; 3320:21

CHECK [2] - 2985:12;

3192:11

checking [1] - 3130:17

checks [1] - 3131:10

Chelsea [1] - 2979:4

chemical [3] - 3184:11, 21;

3258:19

chemicals [5] - 3099:10;

3161:2, 25; 3184:24;

3188:1

chemistry [3] - 3102:5, 7;

3185:24

Chemistry [1] - 3091:17

CHERYL [2] - 2981:11;

3088:20

Cheryl [2] - 3096:9, 13

Chief [2] - 3084:7, 9

Chiefs [1] - 3100:24

Chipewyan [19] - 2978:7;

2997:4; 2998:14, 25;

3015:13; 3017:25;

3018:11; 3025:2, 16;

3026:4, 12; 3029:17, 25;

3077:11; 3078:10; 3081:3;

3278:11; 3300:25

CHIPEWYAN [2] - 2982:17;

3278:5

choice [1] - 3008:8

chose [2] - 3052:19; 3066:9

chosen [3] - 3003:23;

3006:25; 3035:22

Chronic [2] - 3099:8

circuit [1] - 3218:22

circulated [1] - 3191:13

circumstance [1] - 3150:14

cited [5] - 3006:17; 3008:16;

3020:12; 3044:23; 3110:21

cites [2] - 3109:17; 3110:4

Claim [2] - 3076:16, 21

claim [2] - 3047:4, 24

claiming [1] - 3076:17

claims [1] - 2994:12

Clair's [1] - 3140:21

CLARIFICATION [2] -

2980:8; 2988:14

clarification [7] - 2988:6;

2989:14; 3130:20;

3145:17; 3201:20;

3207:10; 3247:23

clarify [18] - 2988:3, 18;

3060:11; 3066:2; 3067:1;

3149:17; 3153:11; 3157:1;

3160:21; 3172:22;

3174:20; 3194:6; 3195:16;

3214:21; 3215:25;

3283:17; 3301:11; 3318:15

clarifying [1] - 3172:17

clarity [1] - 3131:23

class [1] - 3251:5

Classics [1] - 2991:17

classify [1] - 3275:15

clause [2] - 3046:24; 3293:5

clear [20] - 2989:8; 3012:23;

3015:14; 3016:1; 3024:19;

3041:14; 3045:10;



9

3065:20; 3068:11; 3075:4,

13; 3130:14; 3132:20;

3147:13; 3156:9; 3159:24;

3178:24; 3192:9; 3249:15

clearly [13] - 2995:10;

3023:17; 3059:1; 3064:3;

3066:7; 3069:7; 3083:16;

3094:24; 3124:6; 3148:20;

3174:7; 3248:24; 3249:2

Clearwater [1] - 2978:17

CLEM [2] - 2980:15; 2990:16

Clem [6] - 2990:20; 3025:7;

3072:20; 3082:24; 3083:7;

3086:2

clients [7] - 3019:6; 3044:22;

3049:19; 3065:23;

3066:16; 3087:1

climate [26] - 3099:3; 3105:7;

3157:18; 3162:23; 3170:5;

3171:18; 3212:17; 3213:2,

20; 3214:14, 22; 3215:23;

3216:8, 10, 25; 3217:8, 13,

24; 3218:5, 7, 9; 3265:4;

3269:18, 20

CLIMATE [2] - 2983:16;

3172:6

Climate [1] - 3169:23

climate-surface [1] - 3265:4

Clinton [1] - 2979:9

close [8] - 2988:4; 3012:3;

3020:17; 3087:10; 3185:6,

13, 15; 3186:17

closed [1] - 3131:11

closely [4] - 3148:13, 15;

3155:18; 3156:8

closer [2] - 3011:23; 3188:1

closure [1] - 3127:13

Club [1] - 2979:4

CNRL [1] - 2992:17

co [4] - 3096:21; 3105:5;

3185:25; 3194:12

co-counsel [1] - 3105:5

co-ordination [2] - 3096:21;

3194:12

co-pollutants [1] - 3185:25

COALITION [2] - 2983:13;

3162:18

Coalition [4] - 2979:1;

3105:4; 3154:5; 3162:12

Coast [1] - 3232:16

code [1] - 3009:19

cognizant [1] - 3104:20

cohesive [1] - 3053:5

Cole [1] - 3079:14

collaborate [1] - 3154:20

collaboration [1] - 3082:7

colleague [6] - 3104:9;

3117:15; 3172:1; 3262:24;

3278:13; 3325:23

collect [4] - 2996:3; 3005:16;

3157:7; 3323:14

collected [8] - 3005:19;

3061:11; 3182:19; 3187:8;

3199:10; 3259:25;

3266:11; 3275:12

collecting [1] - 3267:10

collection [2] - 3140:16;

3249:21

collective [7] - 3052:17, 19;

3081:10; 3123:2; 3298:6

collectively [3] - 3038:22;

3302:25; 3314:10

collectives [2] - 3075:20, 22

Colleen [1] - 3140:21

COLONIAL [2] - 2983:18;

3201:15

Colonial [1] - 3199:21

colonize [1] - 3287:16

colonized [1] - 3287:3

Columbia [6] - 3036:22;

3041:15, 17; 3042:1;

3043:9; 3327:4

combination [2] - 3293:18,

23

combined [2] - 3187:18;

3293:24

combustion [2] - 3185:18,

23

comfort [1] - 3317:4

comfortable [2] - 3064:23;

3075:16

coming [12] - 2993:22;

3003:19; 3019:19;

3034:21; 3040:8; 3048:21;

3053:1; 3157:1; 3166:4;

3274:1; 3278:9; 3293:7

commence [3] - 3121:7;

3122:8; 3193:7

comment [15] - 3068:2;

3069:21; 3108:17;

3109:12; 3119:15; 3139:3;

3148:2; 3165:4; 3166:2;

3167:3; 3229:12; 3243:20;

3256:12; 3288:7

commented [1] - 3290:23

commenting [1] - 3195:10

comments [6] - 2988:18;

3067:24; 3108:20;

3123:11; 3172:19; 3309:12

commercial [2] - 3236:12;

3255:18

commission [1] - 3242:25

commissioned [2] -

3024:21; 3247:13

Commissioner [2] - 3238:7;

3244:19

Commissioner's [1] - 3242:1

commit [1] - 3273:2

commitment [5] - 3163:1, 4,

7, 10; 3218:21

commitments [7] - 3129:19;

3141:18, 24; 3142:3;

3167:19; 3175:11

commits [1] - 3231:8

committed [6] - 3132:15;

3164:1, 9; 3167:14;

3210:17, 22

Committee [5] - 3027:19;

3233:22; 3244:4, 6, 9

common [2] - 3079:1; 3080:8

Commons [1] - 3044:12

communal [1] - 3021:25

communicate [1] - 3016:13

communicating [1] - 3251:8

Communication [1] -

2977:13

communications [1] -

3094:7

Communications [1] -

2977:8

communities [17] - 2993:12;

3014:17; 3017:10;

3018:22; 3019:17; 3025:9;

3051:12; 3053:2; 3056:5;

3070:10; 3071:18;

3077:21; 3078:14; 3083:2,

10; 3084:10

communities' [1] - 3061:9

community [73] - 2988:25;

2989:4; 2993:5, 13, 21;

3000:15; 3016:19;

3023:21; 3024:23, 25;

3025:10, 18, 23; 3026:2;

3041:13; 3045:6, 23;

3050:23; 3051:14, 18;

3052:9; 3054:12; 3055:1,

6; 3062:7, 22; 3064:9;

3067:5; 3075:19; 3076:10;

3077:7, 14-15, 19;

3078:13-15; 3080:14-17,

21, 25; 3081:4, 9, 19;

3082:5, 18; 3084:13;

3085:6, 21-23; 3092:10;

3127:14, 17-18, 21;

3128:7; 3136:12; 3182:2,

7; 3196:25; 3251:9

Community [1] - 2978:12

community's [1] - 3051:13

Community's [1] - 2994:2

community-based [1] -

2993:21

community-level [1] -

3051:18

community.. [1] - 3128:10

companies [3] - 2992:16;

3014:16; 3083:13

company [3] - 2999:25;

3009:13; 3210:8

Company [1] - 3035:16

comparable [1] - 3235:17

comparative [2] - 3129:7;

3158:13

compare [1] - 2996:4

compared [1] - 3269:3

compensate [2] - 3231:17,

22

compensated [4] - 3208:10;

3231:4; 3233:13

compensates [1] - 3079:20

compensating [1] - 3205:3

Compensation [12] -

3186:13, 17; 3226:23;

3228:21; 3231:15;

3235:15; 3280:2, 15, 18;

3281:23; 3282:4, 8

compensation [26] - 3205:1;

3208:10; 3209:14; 3210:5;

3230:4; 3231:7, 20, 23;

3233:1, 5; 3235:3, 6, 11,

15, 23; 3278:24; 3279:7,

16, 18; 3281:11; 3282:14,

17; 3285:10, 15, 20

compensatory [1] - 3278:22

compilation [1] - 3067:3

complaints [1] - 3321:24

complete [15] - 2994:8;

2996:8; 3005:7; 3006:25;

3012:18; 3024:10;

3062:10; 3064:7; 3068:17;

3074:14; 3093:18;

3150:25; 3151:8; 3195:5;

3327:10

completed [30] - 2991:11,

14; 2992:5, 7, 9, 12;

2993:11, 25; 3002:10;

3006:5; 3008:14; 3009:13;

3010:25; 3011:13;

3014:19; 3020:25; 3023:2,

5, 14; 3024:15; 3025:4;

3028:7, 18; 3031:25;

3146:24; 3156:14, 24;

3158:13; 3199:7; 3221:11

completely [3] - 3075:2;

3139:25; 3140:10

completing [4] - 2992:14,

18; 2993:13; 3148:11

Complex [1] - 3299:14

complex [4] - 3083:8;

3161:2; 3265:3

complexities [2] - 3160:22,

25

compliance [10] - 3259:11,

14; 3260:4, 16, 19, 25;

3308:6, 8; 3321:25

COMPLIANCE [2] - 2986:5;

3261:7

complication [1] - 3236:22

complied [1] - 3308:14

compliment [1] - 3172:14

complimentary [1] - 3053:7



10

comply [1] - 3169:9

component [8] - 3097:16;

3098:13; 3099:23;

3196:10; 3267:2; 3316:4;

3317:8; 3321:18

components [4] - 3174:23;

3242:12; 3245:24; 3303:1

composition [1] - 3094:4

compound [1] - 3276:11

compounded [1] - 3270:6

Compounds [2] - 3102:8;

3271:21

comprehensive [2] - 3245:4;

3246:1

compresses [1] - 3000:4

computer [1] - 3009:25

computers [1] - 3088:3

conceivable [2] - 3049:8;

3232:13

concentrated [1] - 3079:9

concentration [1] - 3185:14

concentrations [7] -

3187:20; 3190:20, 24;

3201:2; 3213:15, 25;

3320:19

concept [1] - 3109:19

Concern [5] - 2989:4;

2990:1; 3012:16, 22;

3029:11

concern [14] - 3060:15;

3063:10; 3066:18; 3069:3;

3117:4; 3209:5; 3224:10,

15; 3252:8; 3254:2;

3260:7; 3285:6; 3312:18

concerned [7] - 3013:7;

3062:20; 3139:20;

3217:20; 3218:3; 3284:5;

3304:25

concerning [4] - 2993:15;

3016:8; 3093:6; 3251:23

concerns [60] - 2999:23;

3006:6; 3010:11, 16;

3012:13, 20, 25; 3014:8,

22; 3015:15, 17, 19-20;

3017:4, 6, 13; 3019:21;

3059:4, 12; 3060:7;

3061:8, 15; 3062:2, 13;

3064:9; 3065:19, 25;

3066:12; 3069:2, 6-8, 10,

16-17; 3116:6; 3141:22;

3181:22; 3195:25;

3200:18; 3279:8, 11, 20;

3280:4, 7, 13, 16, 21;

3281:2, 20; 3283:2, 6, 22;

3306:24; 3315:6

concerted [1] - 3315:9

conclude [3] - 3200:15;

3229:24; 3272:19

concluded [3] - 3213:10;

3263:16, 19

conclusion [18] - 3006:5;

3073:8; 3213:23; 3215:8,

11; 3223:7; 3241:6;

3243:19; 3267:7, 14, 17,

21; 3273:5; 3275:11, 22;

3294:7; 3304:14

conclusions [5] - 3133:11;

3244:18; 3276:3; 3306:20;

3317:4

Conclusions [1] - 3306:16

concrete [1] - 3070:3

concurrence [1] - 3223:4

concurrently [2] - 3265:23;

3285:18

condition [11] - 3138:14, 20;

3206:6; 3242:21; 3256:25;

3297:16, 21; 3298:1, 15;

3299:21

conditions [16] - 3140:6;

3156:7; 3171:3, 5, 14, 17;

3208:24; 3241:14; 3242:9;

3292:21; 3294:1, 9;

3308:2, 8; 3309:22;

3310:18

conduct [2] - 3196:19;

3198:23

conducted [6] - 3156:3;

3193:23; 3195:17; 3200:3;

3252:16; 3320:18

confer [2] - 3114:14; 3158:19

conference [2] - 3034:22;

3091:21

conferences [3] - 2993:18;

3047:16, 18

conferencing [1] - 3046:13

confidence [5] - 3266:12;

3267:21, 24; 3268:12, 15

confidential [1] - 3068:7

confirm [44] - 2988:15;

3014:5; 3056:2, 21;

3059:8; 3064:21; 3071:8;

3096:24; 3109:6; 3131:20,

24; 3132:1; 3137:4;

3143:20; 3150:22;

3159:21; 3176:4; 3177:8,

21, 24; 3178:4, 14; 3181:3,

5, 7; 3186:5; 3191:3;

3200:23; 3202:14, 16;

3226:3; 3238:19; 3239:1;

3245:3; 3253:13; 3255:24;

3256:1; 3261:12; 3273:18,

21; 3289:2, 21; 3321:3

CONFIRM [6] - 2985:4, 10,

16; 3177:15; 3178:9;

3226:8

confirmed [5] - 3013:5;

3131:25; 3201:4; 3202:23;

3273:5

confirming [1] - 3305:13

conformity [1] - 3082:8

confused [2] - 3060:11;

3164:22

confusing [1] - 3061:25

confusion [1] - 3001:25

Congress [1] - 3034:15

Conklin [3] - 2992:5;

3026:16; 3078:21

connect [1] - 3194:16

connected [3] - 3026:15;

3282:6, 11

connection [1] - 3006:20

Connection [1] - 2979:15

connections [2] - 3011:24;

3025:11

consciousness [1] - 3035:14

consensus [2] - 3161:16;

3221:21

consequence [2] - 3125:17;

3126:4

consequences [3] - 3306:22;

3307:1

conservation [25] - 3038:18;

3133:21, 23, 25; 3134:1, 5,

8, 11, 25; 3137:9, 13, 16;

3138:1, 5, 12, 21; 3149:6;

3150:6, 11; 3151:6;

3152:4; 3300:21; 3301:1, 5

CONSERVATION [7] -

2976:4, 6, 8, 11; 2977:9;

2983:12; 3153:7

Conservation [2] - 3138:11;

3152:14

conservatism [1] - 3273:16

conservative [3] - 3119:8;

3269:22; 3274:24

conserving [2] - 3129:25;

3132:15

consider [13] - 2996:3;

3137:25; 3151:21, 24;

3207:3; 3235:10; 3241:17;

3252:15; 3278:21;

3300:17; 3301:12;

3306:21; 3307:2

considerable [1] - 3124:13

considerably [2] - 3128:3;

3129:2

consideration [5] - 3151:6;

3152:4; 3303:20; 3312:14,

17

considerations [8] - 3135:9;

3174:6; 3293:11; 3301:7;

3303:25; 3314:16, 18, 25

Considerations [3] -

3143:23; 3144:3, 8

considered [30] - 3108:15;

3109:7; 3134:11; 3135:3,

5, 21; 3136:1; 3137:10, 19;

3138:3; 3150:16; 3151:18;

3211:22; 3235:5, 14;

3253:25; 3254:3; 3255:8;

3283:1; 3292:5; 3297:2;

3298:11; 3300:2; 3301:9,

14; 3311:19, 21; 3312:2,

20; 3313:19

considering [6] - 3108:5;

3212:6; 3239:21; 3283:15;

3307:1; 3315:7

consistency [1] - 3053:12

consistent [2] - 3183:14;

3187:23

consists [1] - 3096:17

constituents [3] - 3049:21;

3098:16

constitutes [1] - 3223:2

Constitution [7] - 3034:20,

25; 3046:20; 3047:10;

3048:3; 3049:5; 3307:11

Constitutional [2] - 3049:9;

3095:6

constitutional [3] - 3034:22;

3046:13; 3047:16

constraint [2] - 3120:25;

3122:1

constraints [1] - 3123:3

constructed [4] - 3227:4;

3240:17; 3285:13; 3286:1

consult [7] - 3054:3;

3068:16, 24; 3084:5;

3231:10, 13; 3255:4

consultant [2] - 3019:12;

3045:13

consultants [2] - 3266:3, 8

consultants' [2] - 3252:22;

3267:17

consultation [36] - 3025:19;

3036:3; 3037:12; 3038:9,

18; 3039:4, 9, 20; 3041:9;

3051:6; 3056:16; 3065:18;

3066:1, 14; 3067:23;

3068:12; 3070:4, 7, 9,

14-15; 3071:17; 3073:4, 6,

9; 3082:22; 3084:4, 8;

3085:5; 3095:2, 11, 15;

3221:9, 11, 13; 3231:14

Consultation [10] - 3056:4;

3067:10; 3069:23;

3070:17; 3071:7, 20;

3075:11, 19; 3094:12;

3095:8

consulted [5] - 2995:21;

3020:22; 3049:24;

3050:10, 24

consumption [3] - 3230:19;

3233:9; 3235:20

CONT'D [3] - 2981:1; 2982:1;

2986:1

contact [7] - 3011:18;

3012:3; 3015:24; 3033:5;

3035:7; 3141:9, 11

contacted [1] - 3153:12



11

contained [3] - 3194:18;

3215:9; 3227:23

contaminant [4] - 3183:17;

3189:20; 3191:4; 3213:14

contaminants [9] - 3176:14,

20; 3182:16; 3213:25;

3214:15; 3215:9; 3264:20;

3319:12, 14

Contaminants [1] - 3179:25

contaminated [1] - 3264:18

contemplated [1] - 3255:10

content [3] - 3166:3;

3226:16; 3263:20

context [7] - 3000:6; 3081:8;

3093:10; 3114:20;

3148:18; 3165:14; 3318:22

continue [16] - 2999:21;

3018:2; 3023:19; 3035:19;

3042:24; 3044:16;

3123:12; 3166:9; 3193:10;

3229:5; 3230:7; 3256:6;

3262:18; 3263:12; 3281:14

CONTINUED [1] - 2984:1

continued [12] - 2994:13;

3003:3; 3011:18, 25;

3012:2; 3022:15-17;

3023:17; 3024:14;

3125:15; 3223:9

continues [3] - 3246:22;

3256:4

continuing [2] - 3123:17;

3254:16

CONTINUING [3] - 2982:8,

13; 3123:16

continuous [2] - 3157:10;

3315:17

continuously [2] - 3197:3;

3316:15

contracted [1] - 3272:9

contribute [7] - 3164:6, 12;

3225:2; 3229:16; 3233:2;

3235:4, 9

contributes [1] - 3286:14

contributing [2] - 3164:10,

13

contribution [1] - 3174:1

contributor [1] - 3206:25

control [3] - 3096:8;

3103:24; 3104:3

convenient [1] - 3192:18

Convention [9] - 3129:14;

3132:3; 3141:21; 3306:12;

3307:9; 3308:5, 21;

3309:19; 3310:10

convention [3] - 3129:24;

3130:8; 3131:16

convey [1] - 3204:8

Cooke [4] - 2977:4; 3017:3;

3069:1; 3103:7

cool [1] - 3184:23

coordinate [2] - 2992:4;

3024:5

coordinated [2] - 3250:8;

3311:11

coordinating [3] - 2992:2;

3101:7, 9

Coordinator [1] - 2977:12

coordinators [1] - 3194:14

copies [10] - 3094:2;

3118:11, 13; 3144:12;

3154:8; 3179:14; 3199:19;

3222:4; 3253:20

copy [23] - 3060:1; 3070:24;

3071:4; 3072:4; 3091:22;

3106:17; 3110:12;

3143:24; 3152:16;

3153:14; 3170:19; 3179:7,

10; 3213:19; 3219:15;

3222:9, 17, 21; 3253:12;

3264:12; 3290:7

Core [1] - 3180:2

cores [3] - 3189:6, 12;

3190:8

CORINNA [2] - 2981:16;

3089:5

Corner [1] - 3167:10

cornerstone [1] - 3309:21

correct [131] - 3026:22;

3034:4; 3058:8, 11;

3075:8, 25; 3104:4;

3105:22; 3106:12, 17;

3107:2, 13-14; 3108:15,

22; 3109:9, 25; 3110:22,

24; 3112:17; 3114:6;

3115:21; 3116:10;

3119:10, 13; 3128:1;

3129:17; 3130:3; 3131:6;

3132:8, 16-17; 3133:21;

3134:24; 3139:8; 3140:12,

20; 3141:20; 3145:5,

11-12; 3146:7, 17;

3147:10, 17-18; 3156:12;

3157:15; 3158:15; 3164:7;

3165:8, 19, 21; 3168:23;

3169:3; 3170:12; 3172:24;

3173:20, 24; 3174:13, 19;

3180:10; 3183:3; 3193:15,

18; 3195:11; 3203:3;

3212:9, 11; 3215:6;

3219:22; 3220:10, 18;

3221:12, 22; 3223:20;

3224:2, 6; 3225:12, 14-15,

19, 24; 3234:7; 3235:24;

3241:4; 3242:11; 3247:14;

3251:14; 3253:3-5;

3258:25; 3262:23; 3271:4,

9-10, 13, 16, 22-23;

3272:1, 21, 24; 3273:21;

3274:14; 3275:10;

3282:18; 3292:1; 3305:10;

3316:19; 3324:6, 11,

20-21; 3327:10

corrected [1] - 3222:3

correctly [9] - 3072:12, 15,

24; 3105:21; 3168:20;

3174:18; 3218:13;

3225:22; 3286:23

corridor [1] - 3026:17

Corrina [1] - 3099:25

cost [1] - 3254:22

costs [1] - 3240:20

Council [21] - 3034:3, 11-12,

14, 18; 3035:23; 3036:25;

3037:4, 9; 3038:11;

3039:2; 3042:2; 3046:11,

22; 3047:21; 3083:3;

3084:7, 10; 3158:4;

3161:14; 3321:6

councils [4] - 3082:18;

3084:13, 15; 3085:6

counsel [11] - 3000:10, 24;

3001:14; 3089:23; 3094:8;

3105:5; 3122:24; 3123:2,

8; 3154:3; 3199:17

Counsel [4] - 2977:7, 10

count [2] - 3233:1; 3235:3

counterpart [1] - 3247:1

country [2] - 3100:12; 3290:1

couple [16] - 2992:22;

3020:2; 3023:6; 3038:13;

3041:11; 3074:3; 3109:17;

3144:15; 3172:12; 3186:9;

3213:3; 3246:23; 3276:2;

3284:11; 3289:18; 3302:7

coupling [1] - 3264:23

course [23] - 3001:21;

3002:5; 3003:12; 3004:1;

3025:15; 3035:6; 3036:14;

3041:21; 3043:22; 3044:5;

3045:2, 6; 3077:10;

3081:7; 3084:18; 3092:10;

3121:15; 3135:21;

3181:15; 3188:15;

3246:13; 3266:21; 3284:4

Court [5] - 3039:13; 3048:11,

21; 3076:16; 3077:8

COURT [3] - 2979:14;

2981:10; 3088:17

court [4] - 3050:19; 3089:21;

3102:24; 3323:15

courteously [1] - 3290:7

Courtney [1] - 2977:20

courts [4] - 3039:15; 3046:7;

3049:13; 3050:2

Courts [5] - 3041:15;

3046:10; 3050:4, 9

coverage [4] - 3090:25;

3091:9; 3092:15; 3236:18

covered [4] - 3003:19;

3082:24; 3086:3; 3239:11

covering [1] - 3071:7

covers [1] - 3079:12

Craig [2] - 3199:16; 3202:24

create [1] - 3083:23

created [6] - 3036:15;

3076:20; 3133:20;

3276:23; 3277:17; 3282:1

creates [1] - 3276:15

creating [2] - 3125:9;

3281:16

credentials [1] - 2994:6

Cree [8] - 2978:17, 21;

2992:10; 2997:5; 3003:14;

3005:17; 3035:9; 3074:21

criteria [6] - 3109:12;

3135:22, 25; 3176:13, 20;

3249:11

critical [14] - 3109:19, 22;

3110:24; 3111:6, 16, 18,

20, 23; 3112:1, 5, 15;

3145:1; 3146:4; 3147:2

critically [1] - 3219:19

cross [12] - 3065:12, 14;

3066:13, 15; 3067:2;

3068:4, 8; 3087:6;

3090:14, 20; 3118:25;

3201:21

CROSS [13] - 2980:9, 17;

2982:2, 7, 9, 12, 17;

2989:20; 3055:21;

3104:13; 3123:15; 3172:9;

3278:4

cross-examination [6] -

3065:12; 3068:4, 8;

3090:14, 20; 3118:25

CROSS-EXAMINATION [13]

- 2980:9, 17; 2982:2, 7, 9,

12, 17; 2989:20; 3055:21;

3104:13; 3123:15; 3172:9;

3278:4

cross-examine [4] - 3066:13;

3067:2; 3087:6; 3201:21

Crown [6] - 3075:11, 18;

3094:11; 3095:8, 19

CSR(A [3] - 2979:15; 3327:3,

19

cubic [3] - 3207:25; 3210:23;

3212:14

cultural [2] - 3002:19;

3003:12

Cultural [8] - 2994:12;

2995:6; 2996:19; 2998:3;

3001:2; 3006:2; 3015:8

culture [1] - 3035:12

Cumulative [1] - 3238:10

cumulative [37] - 3064:4;

3143:4; 3154:23; 3203:12;

3204:4, 15; 3207:1;

3208:14; 3210:2, 7, 14, 16;

3211:9; 3219:20; 3234:6;



12

3237:12; 3239:21; 3240:2,

12; 3241:19; 3243:1, 4;

3245:10; 3246:19;

3255:14; 3260:9; 3311:8;

3313:16, 24; 3314:11;

3315:20; 3318:13, 17, 23;

3319:11, 20; 3324:7

CUMULATIVE [2] - 2984:4;

3238:15

curious [5] - 3154:11;

3279:17; 3285:22;

3295:17; 3310:1

current [10] - 2996:24;

3000:3, 11; 3002:3;

3039:11; 3158:13; 3163:3;

3271:1; 3303:21, 24

CURRENTLY [2] - 2986:6;

3261:9

curse [1] - 3269:14

customs [1] - 3035:12

cut [1] - 3213:9

CV [2] - 2993:7; 3098:5

CVs [1] - 3195:6

cycles [2] - 3216:14, 19

Cynthia [1] - 2978:18

D

d)(2 [1] - 3297:19

dad [1] - 3001:22

DALE [2] - 2981:22; 3089:16

Dale [2] - 3103:5, 9

damage [1] - 3209:21

Dan [1] - 2978:3

Dana [1] - 3058:21

Daniel [1] - 2977:19

Daniela [1] - 2978:22

Daniels [2] - 3046:21;

3048:20

Darin [1] - 2977:13

darned [1] - 3015:1

data [68] - 2995:23; 3140:15;

3178:1; 3181:12, 17, 21;

3182:17; 3197:9, 11;

3198:16; 3199:9, 12;

3216:3, 6, 25; 3234:13;

3237:5-8; 3241:11; 3242:4,

8; 3243:14; 3245:8;

3249:21; 3250:3; 3258:4,

11, 14, 17-19, 21, 24;

3259:1, 5, 23-24; 3266:11,

19; 3267:3, 10, 19;

3268:14, 19, 23; 3269:1, 5,

12-13; 3275:12; 3276:1, 5,

9; 3319:8, 18, 23; 3320:1,

4; 3322:18, 22

DATA [2] - 2985:9; 3178:9

dataset [1] - 3236:19

date [11] - 3042:10; 3064:22;

3121:19; 3147:24;

3156:17; 3158:20; 3167:8;

3236:16; 3237:5, 15;

3243:16

dated [2] - 3219:1; 3237:15

DATED [2] - 2984:8; 3262:3

dates [3] - 3057:7; 3064:18,

21

DAVE [2] - 2981:14; 3088:25

David [3] - 3040:14; 3100:4

Dawn [1] - 3020:25

days [5] - 3033:25; 3083:25;

3123:9; 3181:14; 3199:6

DBTs [1] - 3189:17

deal [16] - 3009:16; 3030:19;

3044:7; 3047:21; 3048:5;

3052:19; 3059:14, 17;

3093:5; 3124:18; 3125:4;

3160:25; 3176:13;

3208:14; 3210:1; 3291:4

dealing [9] - 3039:25;

3042:6; 3052:4; 3117:10;

3134:20; 3135:7; 3207:17

deals [3] - 3043:3; 3083:23;

3275:3

dealt [3] - 3040:3; 3052:16;

3079:20

Deb [1] - 3070:24

debatable [1] - 3017:19

debate [3] - 3021:12;

3027:15, 21

debated [1] - 3254:7

Debbie [3] - 2978:19; 2991:8;

3011:2

Deborah [1] - 2977:21

decades [2] - 3161:21;

3246:15

December [1] - 3058:15

decide [2] - 3017:22;

3267:23

decided [1] - 3266:4

decision [14] - 3002:22;

3005:10; 3040:16;

3048:21; 3050:20; 3249:4,

16; 3259:13; 3288:25;

3290:25; 3291:1; 3301:5;

3314:13; 3319:10

Decision [6] - 3138:15, 21;

3139:4, 15; 3154:16;

3157:24

decision-making [3] -

3249:4, 16; 3314:13

decisions [7] - 3038:24;

3197:25; 3205:13;

3235:21; 3274:6; 3308:7;

3320:5

decline [1] - 3111:12

declines [4] - 3109:23;

3111:1; 3114:13; 3115:10

decrease [3] - 3228:25;

3277:4; 3304:6

decreasing [5] - 3111:10;

3215:15, 20; 3216:4, 21

deems [1] - 3305:9

defend [1] - 3045:19

defending [1] - 3049:13

deficiencies [5] - 2999:9;

3140:7; 3243:13; 3244:23;

3250:23

define [3] - 3034:23;

3083:15; 3223:10

defined [8] - 3025:10;

3046:7, 9; 3080:18;

3108:18; 3110:18; 3111:7;

3248:25

defining [3] - 2997:21;

3046:5, 25

definitely [10] - 3031:23;

3133:16; 3135:25; 3239:1;

3244:9; 3269:16; 3270:16;

3274:5; 3276:24; 3302:22

definitive [1] - 3156:17

definitively [1] - 3273:8

degradation [1] - 3240:19

degree [7] - 3191:5; 3265:24;

3266:16; 3267:5, 20;

3268:3; 3275:9

degrees [1] - 3078:23

delay [2] - 3117:1; 3285:12

delaying [1] - 3116:9

DELEGATED [2] - 2986:9;

3289:15

delegated [2] - 3288:22;

3289:9

delegating [1] - 3288:25

deleterious [4] - 3320:13;

3321:2, 12; 3322:6

deliver [1] - 3038:5

delivered [1] - 3053:20

delivering [1] - 3012:2

DELTA [2] - 2983:19;

3201:17

Delta [3] - 3199:23; 3207:6;

3288:6

delta [2] - 3201:1; 3203:22

demand [2] - 3199:18;

3211:18

demands [2] - 3197:1

democratic [1] - 3085:17

demonstrate [5] - 2995:10;

3008:5; 3023:20; 3024:13;

3231:6

demonstrated [1] - 3142:12

demonstrating [2] - 2995:25;

3023:17

Dene [1] - 3035:9

denied [1] - 3043:25

Denstedt [3] - 2978:2;

2989:16; 3130:11

DENSTEDT [8] - 2980:11;

2989:17, 23-24; 2990:7;

3122:13; 3201:19; 3202:2

deny [1] - 3289:3

denying [1] - 3083:8

Department [8] - 3090:6;

3102:11; 3174:10;

3197:16; 3203:1; 3219:5;

3238:20; 3253:25

department [11] - 3096:24;

3173:13; 3174:10; 3194:9,

16; 3200:5; 3241:25;

3257:1; 3321:18; 3322:3,

14

Department's [1] - 3047:5

departmental [1] - 3256:11

DEPARTMENTS [2] -

2983:14; 3162:19

Departments [3] - 3090:5;

3154:6; 3162:14

departments [6] - 3090:8,

16; 3096:2, 4; 3179:23

departure [1] - 3263:15

dependent [1] - 3124:10

deposit [3] - 3185:3;

3321:11; 3322:6

deposited [1] - 3190:11

depositing [1] - 3185:6

Deposition [1] - 3179:25

deposition [2] - 3185:14;

3186:3

deposits [1] - 3320:12

Depression [1] - 3048:17

depth [2] - 3071:15

Deranger [2] - 2978:10

describe [1] - 3077:12

described [2] - 3080:18;

3309:20

describes [2] - 3114:18, 21

describing [2] - 3072:20;

3313:25

description [2] - 3191:22;

3313:18

DESCRIPTION [3] - 2980:2;

2983:2; 2985:2

Desert [1] - 3272:10

deserved [1] - 3013:1

design [14] - 3236:23;

3240:15; 3251:4; 3302:13,

23; 3303:17, 21, 24-25;

3304:7, 19; 3306:2

designed [3] - 3250:16;

3302:19; 3304:21

Desjarlais [1] - 3004:20

destroyed [2] - 3149:10;

3151:15

destruction [2] - 3015:22;

3209:21

detail [7] - 2999:25; 3074:21;

3092:7; 3121:12; 3168:2,

14; 3294:15



13

detailed [4] - 2995:19;

2996:9; 3008:22; 3031:5

detailing [1] - 3030:24

details [9] - 2993:8; 3031:10;

3041:10; 3059:15;

3169:20; 3175:14; 3266:4;

3296:25

detect [1] - 3234:6

detectable [1] - 3210:13

deterioration [1] - 3271:15

determination [7] - 3005:10;

3046:15; 3081:1; 3097:4;

3119:14; 3155:16; 3305:23

determine [21] - 2995:15;

3049:23; 3080:21;

3119:24; 3121:14; 3126:6;

3135:10; 3155:4; 3174:3;

3190:10; 3195:13;

3225:21; 3230:18; 3232:8;

3256:10; 3268:1; 3274:8;

3299:24; 3305:21;

3318:11; 3322:8

determined [10] - 3050:3, 6;

3125:11; 3156:10;

3195:18; 3206:20; 3212:4,

9; 3224:24

determining [4] - 3119:9;

3156:20; 3265:16; 3268:2

deterministic [2] - 3268:24;

3269:4

deterrent [1] - 3140:8

Detour [1] - 3040:4

dev [1] - 3042:25

develop [11] - 3039:20;

3051:24; 3056:25;

3155:19; 3158:5; 3159:4;

3160:8; 3161:18; 3221:10;

3255:5; 3285:14

developed [8] - 3080:5;

3082:8; 3155:25; 3156:2;

3164:17; 3169:10;

3257:20; 3275:23

developer [1] - 3317:24

developers [3] - 3315:15;

3316:1; 3317:16

developing [4] - 3148:9, 14;

3254:10; 3311:6

development [19] - 2996:25;

2999:24; 3037:6; 3042:6,

11, 20; 3092:11; 3127:11;

3129:7; 3160:24; 3195:21;

3202:6; 3236:11; 3260:10;

3287:2; 3297:1; 3298:20;

3314:6; 3324:8

Development [5] - 2997:7;

3042:15; 3143:4; 3238:8;

3244:20

development's [1] - 3007:17

developments [1] - 3204:13

devices [1] - 3247:3

devolved [1] - 3037:25

Devon [1] - 3102:3

devote [1] - 3220:22

DFO [49] - 2981:8; 2985:17;

2986:8; 3088:14; 3174:9;

3186:14; 3203:22; 3206:3;

3218:17; 3219:17, 25;

3220:20; 3221:3; 3222:18,

24; 3226:5, 10; 3227:2;

3230:4, 22, 24; 3233:21;

3237:20; 3241:22; 3253:2;

3254:4, 25; 3256:23;

3257:11; 3278:20; 3279:8,

11, 17; 3280:1; 3281:21;

3282:15; 3283:1, 7, 14;

3288:2, 17, 21, 24-25;

3289:7, 13

DFO's [11] - 3103:3; 3219:16;

3221:3, 7; 3222:1;

3234:19; 3279:3, 6;

3280:12, 25; 3281:11

dialogue [5] - 3059:5;

3061:10; 3063:16;

3085:21; 3312:13

Diane [1] - 3058:18

dibenzothiophenes [1] -

3189:19

died [1] - 3010:24

difference [4] - 2996:15;

3019:16; 3084:15; 3322:15

differences [2] - 2996:4;

3269:19

different [32] - 2996:11;

2999:2; 3005:22; 3022:2;

3027:11; 3044:18; 3067:4,

8; 3068:6; 3078:9;

3083:16; 3086:4; 3109:1;

3124:25; 3172:13; 3213:4,

6; 3214:19; 3216:12, 14,

20; 3244:12; 3259:5;

3265:18; 3266:21;

3268:16; 3269:2; 3279:24;

3282:3; 3284:2; 3314:21

difficult [11] - 3070:3;

3085:9; 3108:17; 3109:3;

3142:3; 3165:2; 3236:24;

3245:21; 3305:15; 3322:21

difficulty [1] - 3086:20

digitally [1] - 3059:21

Dilay [4] - 2977:3; 3088:1;

3104:5, 15

diluted [2] - 3188:12, 15

DINNER [1] - 2982:14

dinner [2] - 3262:13; 3263:6

direct [10] - 3059:5; 3066:15;

3079:21; 3086:12;

3090:14; 3294:25;

3295:11; 3296:12; 3300:19

directed [1] - 3154:2

direction [7] - 3083:5;

3094:14; 3096:8, 25;

3102:17; 3103:18; 3152:6

directly [15] - 3004:3, 14;

3010:4; 3011:5-7; 3014:9;

3037:25; 3039:3; 3058:10;

3078:2; 3079:4; 3175:25;

3298:20; 3322:16

Director [1] - 3096:14

Directorate [2] - 3096:15;

3194:11

dirty [1] - 3048:16

disagree [6] - 3163:5;

3164:15, 19; 3244:13, 16;

3273:11

disappointing [1] - 3014:12

disbelieve [1] - 3181:2

discharge [3] - 3264:18;

3322:4, 16

discipline [1] - 3173:14

disciplines [1] - 3174:21

discounted [4] - 3043:19;

3080:13; 3081:25

discover [1] - 3196:15

discretion [1] - 3294:16

discuss [5] - 3020:12;

3166:19; 3255:4; 3257:8;

3266:3

discussed [5] - 3187:24;

3197:4; 3261:15; 3266:1;

3320:23

discussing [2] - 3076:23;

3230:10

discussion [18] - 2999:9;

3013:4; 3022:23; 3049:18;

3069:13; 3080:15; 3083:7;

3113:22; 3122:24; 3167:1;

3226:22, 24; 3255:12;

3279:16; 3288:9; 3313:11;

3318:22; 3323:11

discussions [10] - 3041:20;

3043:1, 12; 3051:5;

3082:12; 3175:13; 3289:2,

6; 3299:12; 3312:14

disparate [1] - 3246:17

disposal [1] - 3101:24

dispossessed [2] - 3043:24;

3052:22

dispossession [1] - 3084:24

dissected [1] - 3036:10

dissertation [1] - 2991:16

dissociate [1] - 3274:12

distinct [3] - 3035:5, 10;

3049:2

distinction [2] - 3003:13;

3075:5

distinguish [1] - 3074:9

distinguishing [1] - 3074:13

distribution [2] - 3243:8;

3307:21

distributions [2] - 3269:1

district [1] - 2992:23

District [1] - 3102:15

disturbance [1] - 3097:15

disturbed [3] - 3134:4;

3242:24; 3277:10

diversion [6] - 3016:3;

3279:9, 22; 3280:4, 7;

3283:13

Diversity [2] - 3129:14;

3132:4

diversity [2] - 3130:1;

3132:15

divide [2] - 3210:7; 3262:25

divided [2] - 2994:24; 2995:4

Division [3] - 3048:21;

3099:21; 3101:3

division [4] - 3037:17;

3177:3; 3197:19; 3198:10

DO [2] - 2986:6; 3261:8

DOCUMENT [2] - 2983:6;

3107:20

document [46] - 2996:23;

2997:2, 11, 13; 3000:2;

3024:8; 3065:14; 3070:6,

8, 25; 3071:23; 3072:1,

19-20; 3083:23; 3093:18;

3107:16; 3108:2; 3118:17;

3130:5; 3138:10; 3143:16,

19; 3144:7, 14, 16;

3152:15, 20; 3153:12, 16,

19; 3162:11; 3167:10, 13,

17, 20; 3170:1, 3; 3182:12;

3218:24; 3219:7; 3221:2,

6; 3239:9; 3290:17

documented [3] - 3012:14;

3095:5; 3200:24

documents [8] - 3065:17;

3066:4, 19; 3083:15;

3093:7; 3163:20; 3239:5

domestic [1] - 3040:25

dominance [1] - 3129:10

dominant [2] - 3078:15;

3128:23

dominated [3] - 3127:10, 12,

19

Don [2] - 2977:18; 2978:21

done [52] - 2996:16; 3003:9;

3004:13; 3009:22; 3018:9;

3028:19, 21; 3030:5;

3031:8; 3036:2; 3061:9;

3108:10; 3109:5; 3111:25;

3112:2; 3128:21; 3131:9;

3148:6; 3150:10, 19;

3155:9; 3157:6; 3161:20;

3164:3, 16; 3180:4;

3197:23; 3202:10;

3206:19; 3210:5, 10;

3214:2, 9; 3224:10;

3249:23; 3272:16;

3273:19; 3276:23;



14

3288:21; 3297:4; 3299:7;

3300:12; 3304:17; 3306:5;

3313:20; 3325:1, 20

Donna [2] - 2978:10

doped [1] - 3277:2

double [2] - 3225:25;

3274:18

double-barrel [1] - 3274:18

double-check [1] - 3225:25

doubt [2] - 3161:1; 3235:6

doubts [1] - 3272:22

DOUG [2] - 2981:15; 3089:3

Doug [1] - 3099:5

Dowdeswell [2] - 3247:17

down [22] - 2992:23;

3001:12; 3009:25; 3011:2,

13; 3022:9; 3025:2;

3029:1; 3040:19; 3048:22,

25; 3075:14; 3116:21;

3183:11; 3188:19; 3202:7;

3225:6; 3254:18; 3255:1,

25; 3261:21; 3327:7

download [1] - 3258:22

downstream [4] - 3203:13;

3204:6; 3227:24; 3233:2

Downsview [1] - 3099:21

DR [2] - 2986:3; 3261:4

Dr [44] - 2999:6; 3091:12;

3097:10, 12; 3098:9, 11,

19, 21, 24; 3099:2, 5, 7,

20, 22; 3101:1, 15, 17,

20-21; 3102:2, 5; 3111:4;

3115:19; 3139:22;

3158:19; 3160:21;

3180:12; 3184:4; 3186:19;

3187:15; 3188:20;

3199:24; 3202:12; 3214:7;

3248:13; 3260:1, 22;

3263:15, 21; 3264:11;

3275:3

Draft [1] - 3230:6

draft [8] - 3042:19; 3083:14;

3153:16; 3165:5, 23;

3166:23; 3167:5; 3272:14

drafting [1] - 3166:24

drainage [1] - 3207:7

drained [1] - 3063:21

dramatic [1] - 3122:19

drastic [2] - 3109:23; 3111:1

draw [2] - 2994:16; 2999:18

drawdown [5] - 3136:4;

3296:24; 3297:6; 3298:21;

3299:2

drawn [1] - 3020:19

drier [3] - 3171:3, 14, 17

drive [1] - 3045:5

Drive [1] - 2976:24

driven [1] - 3143:6

driver [1] - 3213:22

drivers [1] - 3269:18

drop [2] - 3284:16, 25

droplet [1] - 3184:10

dropped [1] - 3053:16

dropping [1] - 3019:19

Ducharme [9] - 3001:22;

3002:2, 14, 16; 3003:6, 11;

3011:9; 3025:14

Ducharme's [1] - 3002:25

due [2] - 3015:23; 3170:4

Duncan [2] - 3042:13, 22

Duncanson [4] - 2978:2;

3055:17; 3066:24; 3073:21

DUNCANSON [10] - 2980:19;

3055:18, 24-25; 3057:6,

10; 3064:25; 3066:25;

3067:12; 3073:19

during [11] - 3048:16;

3097:8; 3115:23; 3116:5;

3130:11; 3140:2, 6;

3232:25; 3293:1; 3322:16

dust [2] - 3184:12, 15

dust-like [1] - 3184:15

duties [1] - 3322:4

duty [1] - 3119:23

dynamic [2] - 3117:21;

3118:4

E

E&P [1] - 2979:8

e) [2] - 3023:1; 3026:21

E-10 [1] - 2976:7

e-mail [2] - 3094:7; 3153:15

Eamon [2] - 2978:7; 3278:10

early [10] - 3028:20; 3065:19;

3084:25; 3092:19; 3190:3;

3191:16; 3192:20; 3266:1;

3320:2, 8

easier [1] - 3143:25

easiest [1] - 3056:11

easily [3] - 3084:22; 3277:15,

19

eastern [10] - 2991:23;

3076:24; 3126:18;

3146:17; 3147:5, 9, 20, 25;

3243:9

easy [1] - 3085:2

eat [1] - 3235:22

EBF [6] - 2985:17; 3223:2;

3224:7; 3225:21; 3226:5,

10

ec [1] - 3042:25

EC [4] - 2981:11; 3088:19;

3155:17; 3159:3

EC's [2] - 3111:14; 3306:15

ec-dev [1] - 3042:25

Ecological [3] - 3115:24;

3223:3; 3224:5

economic [8] - 3042:5, 10,

20; 3311:14, 18; 3312:3;

3313:6, 9

Economic [1] - 3042:15

economics [2] - 3221:18

ecosite [3] - 3125:2; 3128:22

ecosystem [10] - 3127:11;

3235:5, 10, 12; 3236:3;

3240:25; 3282:7; 3286:15;

3303:1

Ecosystem [1] - 3225:9

ecosystems [4] - 3125:2;

3240:4, 7, 23

edible [1] - 3286:6

editorial [1] - 3033:15

Edmond [6] - 3001:22;

3002:2, 14, 16; 3003:6;

3025:14

Edmonton [8] - 3091:10;

3094:21; 3097:12, 20;

3100:1; 3121:8, 11; 3193:9

education [3] - 2991:2;

3054:18, 21

effect [8] - 3191:2; 3210:7,

13; 3215:22; 3228:12;

3229:19; 3243:4

effective [9] - 3137:20;

3149:8, 24; 3150:1, 4, 14,

16; 3173:23; 3235:6

effectiveness [7] - 3123:25;

3138:5; 3229:12; 3231:7;

3238:20; 3305:17; 3315:24

Effects [3] - 3099:8; 3238:10

effects [81] - 2997:16;

3064:4; 3113:4, 7; 3114:5,

22; 3119:18; 3120:9;

3124:1; 3125:16; 3126:3,

7; 3133:1, 9, 13, 16-17;

3134:10, 13, 17-18;

3136:3, 17; 3142:15;

3143:5; 3144:24; 3145:3,

10, 13; 3149:13, 21, 23;

3150:10, 17; 3169:6, 17;

3174:4; 3203:13; 3204:11,

15; 3205:8; 3207:1;

3208:14; 3209:10;

3211:12; 3212:3; 3213:16;

3217:12; 3219:21; 3234:6;

3239:22; 3240:3, 10, 13;

3241:19; 3246:19; 3251:4;

3255:14, 16-17; 3267:8,

15; 3296:17, 23; 3297:5;

3304:9, 11; 3305:6;

3311:8; 3313:16, 24;

3314:11; 3315:21; 3318:6,

13, 23; 3324:8

EFFECTS [2] - 2984:4;

3238:16

efficiency [1] - 3254:23

efficient [1] - 3110:13

effort [5] - 3159:2; 3160:2;

3218:18; 3219:18; 3315:9

effort.. [1] - 3159:14

efforts [3] - 3147:24; 3148:3;

3252:4

eggs [2] - 3187:4; 3201:1

EGGS [2] - 2983:18; 3201:16

Eggs [1] - 3199:22

EIA [9] - 3008:3; 3105:15, 19,

24; 3109:7; 3110:4;

3234:15; 3275:13, 16

EIAs [2] - 3105:11; 3108:10

eight [4] - 3043:22; 3212:14;

3285:4; 3302:2

EIS [1] - 3194:19

either [13] - 3001:1, 18;

3009:12; 3054:4; 3061:12;

3075:7; 3080:22; 3083:12;

3176:4; 3184:9, 19;

3186:1; 3299:2

elaborate [1] - 3128:17

elaborating [1] - 3224:9

Elder [1] - 3029:16

Elders [9] - 3045:17;

3058:14; 3061:9, 15;

3072:25; 3096:12;

3100:24; 3102:13; 3103:7

Elders' [1] - 3061:7

elections [1] - 3085:13

electricity [1] - 3163:16

electronically [1] - 3086:21

elemental [3] - 3184:21;

3185:7, 9

elements [3] - 3016:2;

3138:3; 3250:7

elevated [9] - 3227:10;

3229:17; 3230:16;

3232:24; 3233:18;

3234:23; 3235:8, 13;

3284:24

elevated" [1] - 3234:25

Elford [1] - 2978:9

eliciting [1] - 3118:19

eloquently [1] - 3003:2

elsewhere [3] - 3044:12;

3091:14; 3141:11

Elsie [1] - 3058:18

elucidate [1] - 3172:15

embark [1] - 3130:18

emergency [1] - 3094:20

Emission [1] - 3272:12

emission [5] - 3185:13;

3186:4; 3271:3, 6; 3274:15

EMISSIONS [2] - 2985:4;

3177:16

emissions [45] - 3163:1, 21;

3164:10, 12, 20-21, 24;

3165:7, 11, 16, 20, 25;

3166:6, 14, 17; 3167:15;

3168:6, 22; 3169:2, 7;

3175:20; 3176:1, 5-6;



15

3177:6, 8; 3185:5, 20;

3270:20, 23; 3271:2, 20;

3272:2, 6, 20; 3273:6, 22,

24; 3274:7, 12, 20; 3275:7,

14, 20

emitted [8] - 3164:24;

3184:13, 16; 3185:25;

3271:25; 3273:20; 3274:4

employed [1] - 3151:2

employee [1] - 3019:7

employees [1] - 3033:15

employing [1] - 3231:1

employment [1] - 3037:25

enable [4] - 3135:3; 3314:12;

3317:11

enabling [1] - 3315:21

enacted [3] - 3130:7;

3131:15; 3132:2

enacting [1] - 3167:14

Enbridge [1] - 3043:11

encompasses [1] - 3292:11

encompassing [1] - 3313:18

encourage [3] - 3031:24;

3041:18; 3254:17

end [16] - 3016:5; 3040:12;

3075:1; 3102:23; 3151:5;

3156:17; 3158:24;

3175:16; 3199:8, 11;

3215:9; 3231:14; 3248:2;

3257:14; 3298:15

endorse [1] - 3282:16

ends [3] - 3231:7; 3286:4;

3323:6

ENERGY [4] - 2976:3, 6, 11;

2977:9

Energy [5] - 2992:17;

3203:12; 3289:20; 3290:2

Energy's [1] - 3203:16

enforce [2] - 3041:3; 3308:10

enforceable [3] - 3308:23;

3309:2; 3310:18

enforced [1] - 3310:9

enforcement [9] - 3308:10;

3310:4; 3321:18, 25;

3322:3, 12, 20; 3323:1, 11

enforcing [1] - 3306:12

engage [8] - 2993:12;

2999:9; 3014:16; 3019:9;

3040:23; 3042:4; 3083:11;

3095:12

engaged [8] - 3041:2;

3042:10, 12; 3045:13;

3051:19, 22; 3055:3

engagement [2] - 3017:8;

3095:5

engagements [1] - 3083:13

engineers [3] - 3296:3;

3297:1; 3302:22

engines [1] - 3185:18

English [1] - 3153:17

ensure [15] - 3042:23;

3043:2; 3053:12; 3054:23;

3112:20; 3113:5; 3220:22;

3233:3; 3281:6, 13, 24;

3284:16; 3308:2, 13;

3310:13

ensuring [1] - 3317:9

entail [1] - 3166:3

entangled [1] - 3113:18

entered [4] - 3040:5, 14;

3042:2; 3044:11

ENTERTAINED [2] - 2986:6;

3261:9

entertained [1] - 3261:2

entities [1] - 3254:19

entitled [5] - 3145:19;

3167:10; 3169:23;

3179:24; 3247:19

Entitled [1] - 2998:3

ENTITLED [2] - 2983:6;

3107:20

entrenchment [2] - 3034:25;

3049:4

envelopes [1] - 3054:1

ENVIRONMENT [12] -

2981:11; 2983:15; 2985:9,

21-22; 3088:19; 3172:6;

3178:9; 3256:18

environment [11] - 3113:7;

3114:4, 10; 3116:16;

3210:21, 25; 3234:5;

3239:25; 3249:7; 3282:11;

3315:17

Environment [128] - 2987:9;

3090:7; 3092:3; 3096:10,

15, 19, 21; 3097:2, 6;

3100:13, 16; 3104:1;

3133:19; 3138:18; 3139:7,

9, 19; 3141:22; 3144:5, 10;

3151:15; 3152:15; 3154:2,

20, 22; 3156:4; 3158:5, 12;

3160:3; 3161:7, 15;

3162:8; 3163:20; 3168:9;

3169:4, 16, 23; 3170:11,

15, 18; 3172:3, 20; 3173:8;

3174:2; 3178:2; 3179:19,

23; 3180:18; 3181:3;

3186:22; 3191:13;

3193:12, 16; 3194:3, 9;

3196:21; 3198:12;

3199:15; 3201:6; 3212:18,

25; 3215:14; 3220:21;

3230:25; 3237:8; 3238:7;

3241:16; 3243:18, 20;

3244:3, 17; 3245:12;

3246:14; 3247:12;

3249:10; 3252:13; 3253:2,

9; 3255:21; 3259:3, 10;

3261:19; 3265:25; 3266:5;

3272:18; 3291:15, 17, 19,

23; 3292:11, 20; 3294:2,

22; 3295:4, 17, 20;

3296:20; 3297:8, 14;

3298:5; 3299:5, 10;

3301:9; 3302:11, 18;

3304:14; 3305:12; 3306:1,

3, 11, 21, 25; 3307:15, 18;

3308:1, 13; 3311:1;

3312:24; 3315:25; 3320:9,

11; 3321:7, 9-10, 15;

3322:11

environmental [43] - 3101:8;

3102:22, 25; 3114:22;

3125:17; 3126:4; 3136:13;

3146:2; 3173:19; 3174:4;

3195:9; 3205:21; 3219:20;

3237:12; 3239:22;

3240:10, 13, 18; 3241:10,

13, 19; 3242:4, 7-9;

3243:1, 14-15; 3251:22;

3252:19; 3255:16; 3260:9;

3292:15; 3303:3; 3311:14,

18; 3312:3; 3313:7;

3316:5; 3317:10; 3318:6

Environmental [48] - 2979:1;

2993:18, 24; 2995:6, 13;

2996:2, 19; 2997:18;

3023:4; 3030:6; 3091:17;

3096:14; 3097:19; 3101:1,

3, 6; 3103:10; 3105:4;

3108:19; 3112:19, 25;

3114:17; 3136:15;

3143:23; 3144:3, 8;

3154:5; 3162:12; 3182:6;

3194:8, 10; 3196:3, 8;

3205:10; 3213:12; 3215:5;

3222:23; 3234:10;

3238:10; 3244:19;

3247:20; 3267:6; 3275:9;

3298:18; 3308:24;

3309:18; 3310:17, 23

ENVIRONMENTAL [9] -

2976:5, 9; 2977:6;

2983:13; 2984:4, 6;

3162:18; 3238:16; 3248:10

environmentally [1] -

3257:21

environments [1] - 3227:25

Environments [1] - 3238:21

EPEA [2] - 3156:7; 3157:3

equal [2] - 3069:12; 3134:3

equals [1] - 3070:14

equate [1] - 3109:4

equates [1] - 3108:25

equation [1] - 3161:13

equilibrium [1] - 3287:4

equipment [1] - 3184:14

equitable [1] - 3248:23

equivalency [1] - 3135:24

equivalent [2] - 3084:9, 12

erased [1] - 3002:21

ERCB [7] - 2976:4; 2977:9,

13; 2980:23; 2981:4;

3005:20; 3074:1

Erin [1] - 2977:17

Ernie [1] - 3029:16

err [1] - 3274:23

errors [1] - 2995:2

Eskimos [1] - 3048:13

especially [3] - 2993:20;

3066:7; 3217:15

Esq [9] - 2977:7, 10; 2978:2,

7, 9, 13, 23; 2979:3

essence [1] - 3000:4

essential [1] - 3281:18

essentially [2] - 3111:6;

3202:8

establish [2] - 3073:5;

3236:25

ESTABLISHED [1] - 2976:1

established [8] - 3077:8;

3189:14; 3223:4, 13, 23;

3225:19; 3245:4; 3251:20

establishes [1] - 3144:23

estimate [4] - 3160:16;

3208:6; 3271:1; 3274:11

estimated [2] - 3190:7;

3272:3

estimates [5] - 3102:8;

3121:5; 3161:20; 3271:19;

3274:15

et [5] - 3024:13; 3068:18;

3069:14; 3109:18; 3189:1

evaluate [4] - 3159:3;

3160:4; 3210:6; 3296:7

evaluated [7] - 3000:17;

3128:21; 3135:23;

3151:19; 3152:1; 3232:21

evaluates [1] - 3305:4

evaluating [2] - 3224:25;

3293:3

evaluation [7] - 2993:2;

2994:1; 2997:16; 3226:5;

3282:21; 3305:8

EVALUATION [4] - 2983:22;

2985:17; 3226:9; 3238:1

Evaluation [4] - 3222:23;

3223:8; 3224:1; 3237:21

evaporates [1] - 3000:17

evening [6] - 3033:23;

3121:14; 3262:15; 3263:2,

10; 3278:9

event [7] - 3151:12, 14;

3263:18, 23; 3291:8;

3300:17

everywhere [1] - 3070:2

evidence [61] - 2988:3;

2994:13; 2996:14;

2998:19, 24; 2999:18;

3000:18; 3002:12;



16

3012:11; 3014:24; 3015:2;

3020:1; 3021:22; 3026:2,

4; 3032:3; 3065:23;

3066:5, 15; 3067:22;

3071:16; 3087:11; 3090:7,

12, 15; 3091:1; 3094:6;

3095:3, 14, 18; 3096:7;

3100:13; 3101:13, 18, 23;

3102:6; 3103:22; 3104:2;

3113:20; 3118:16; 3121:6;

3124:22, 24; 3137:6;

3138:25; 3142:23;

3163:19; 3172:21; 3173:1;

3175:3; 3193:21; 3194:2;

3218:6, 10; 3224:15;

3263:21; 3275:18;

3290:16; 3323:14

EVIDENCE [4] - 2980:8;

2983:8; 2988:14; 3119:3

exact [2] - 3158:20; 3277:8

exactly [12] - 3063:17;

3070:9; 3082:13; 3116:13;

3168:14; 3170:15;

3186:11; 3206:19;

3216:22; 3218:20;

3232:19; 3289:5

EXAMINATION [13] - 2980:9,

17; 2982:2, 7, 9, 12, 17;

2989:20; 3055:21;

3104:13; 3123:15; 3172:9;

3278:4

examination [9] - 3065:12;

3068:4, 8; 3090:14, 20;

3118:25; 3130:11, 14;

3131:8

examine [4] - 3066:13;

3067:2; 3087:6; 3201:21

examined [1] - 2999:25

examines [1] - 3038:21

examining [1] - 3000:1

example [43] - 3002:9, 11;

3012:4; 3018:25; 3025:17;

3028:9; 3031:4; 3037:24;

3039:7; 3040:4; 3051:9;

3062:14, 20; 3068:12;

3072:8; 3079:10; 3111:9,

11; 3112:8; 3134:2;

3135:15; 3136:1, 4, 7;

3143:8; 3182:6, 14;

3185:19; 3191:14;

3198:25; 3242:13;

3243:10, 17; 3270:11;

3280:1; 3283:19; 3294:16;

3295:11; 3296:9; 3297:10;

3306:3; 3322:17

examples [2] - 3005:23;

3171:9

exceedances [1] - 3099:9

exceeded [2] - 3109:23;

3110:25

except [3] - 3043:22;

3090:15; 3131:5

excerpt [5] - 3071:6;

3093:17; 3105:18;

3117:17; 3172:2

EXCERPT [4] - 2983:5, 8;

3093:23; 3119:3

excerpts [2] - 3091:22;

3221:25

excess [1] - 3039:19

excited [1] - 3027:17

exclusive [2] - 3150:24;

3314:15

EXCUSED [2] - 2981:5;

3087:15

excused [1] - 3087:13

exercise [1] - 3306:23

exerts [1] - 3025:24

Exhibit [16] - 2990:23;

2996:20; 2998:5; 3012:12;

3020:9; 3059:23; 3061:1;

3070:17; 3110:8; 3123:20;

3177:25; 3178:15;

3193:17; 3203:7; 3264:10;

3279:4

EXHIBIT [30] - 2983:3, 5-6, 8,

10-11, 13, 15, 17, 20-21;

2984:3, 5, 8; 2985:8;

3087:24; 3093:23;

3107:20; 3119:3; 3152:25;

3153:6; 3162:17; 3172:6;

3178:7; 3201:14; 3222:12;

3237:25; 3238:15; 3248:8;

3262:2

exhibit [26] - 2990:24;

2998:4; 3026:22; 3057:4,

8, 11; 3059:16; 3064:18,

24; 3087:20; 3092:1, 23;

3105:19; 3107:17;

3118:14, 17; 3152:8;

3162:11; 3201:11;

3237:22; 3238:5; 3248:5;

3261:24; 3290:11;

3318:24; 3319:2

exhibits [3] - 2993:15;

3067:4; 3086:18

EXHIBITS [2] - 2983:1;

2984:1

exist [8] - 3000:15; 3015:5;

3031:2; 3082:10; 3112:6;

3242:20; 3249:8; 3283:24

existed [1] - 3017:9

existence [4] - 3025:17;

3026:1; 3077:2; 3281:10

existent [1] - 3013:21

existing [6] - 3063:3;

3142:13; 3204:23;

3231:25; 3232:3; 3283:19

exists [3] - 3005:4; 3091:11;

3242:10

Expansion [8] - 3060:18;

3062:4; 3063:11, 22;

3101:5; 3108:4; 3186:6;

3247:9

EXPANSION [1] - 2976:1

expansion [1] - 3079:3

Expansion.. [1] - 2998:12

expect [7] - 3160:17;

3165:23; 3230:15, 17;

3286:10; 3287:10, 15

expectation [2] - 3286:18;

3288:24

expecting [1] - 3149:2

expeditiously [4] - 3088:4;

3089:25; 3162:2; 3254:20

expensive [1] - 3013:11

experience [6] - 2991:2;

2994:21; 3075:15; 3148:4,

17

experienced [1] - 3285:17

experiences [1] - 3299:5

expert [11] - 2994:9;

3016:12; 3090:8; 3096:21;

3097:6; 3101:17; 3102:4;

3200:6; 3214:8; 3228:14,

23

expertise [15] - 2991:19;

3090:17; 3173:6, 14;

3174:12; 3195:24;

3224:23; 3229:22;

3230:21; 3234:12; 3256:8;

3290:4; 3295:22; 3296:1;

3302:24

experts [16] - 2999:5;

3000:25; 3001:15;

3016:13; 3018:22;

3100:10; 3173:9; 3175:8;

3194:17, 22; 3195:4;

3200:10, 16; 3285:3;

3302:22

explain [9] - 3010:3; 3020:4;

3034:5; 3092:7; 3133:23;

3141:6; 3142:22; 3189:18;

3252:6

explained [2] - 3001:10;

3068:7

explaining [2] - 3005:14;

3010:19

explains [1] - 3002:1

explanation [1] - 3006:19

explicit [2] - 3315:1, 4

explicitly [2] - 3312:3;

3314:20

explored [2] - 3006:1; 3298:9

exponentially [1] - 3183:24

express [4] - 3014:8, 21;

3017:4, 13

expressed [6] - 3016:18,

22-23; 3117:4; 3254:2;

3285:6

extended [1] - 3286:21

extends [4] - 3024:25;

3025:2; 3076:22; 3077:9

extensively [1] - 3066:13

extent [6] - 3029:3; 3127:9;

3250:10; 3281:13; 3304:4;

3322:13

externally [1] - 3081:13

extinction [3] - 3109:24;

3111:1; 3115:9

extinguished [1] - 3047:7

extirpation [2] - 3111:13;

3114:13

extracts [1] - 3161:7

extraordinarily [2] - 3014:12;

3030:15

extreme [2] - 3114:13;

3115:9

extremely [3] - 3111:15;

3258:1, 4

eye [4] - 3143:8; 3317:3;

3321:15; 3322:11

eyes [1] - 3000:13

F

face [1] - 2987:16

facets [1] - 3246:2

facilitate [1] - 3121:23

facilities [5] - 3100:12;

3101:25; 3169:8; 3188:24;

3295:12

facility [5] - 3260:6, 12;

3321:21; 3322:15

facility-specific [3] - 3260:6,

12

fact [40] - 2998:21; 3001:25;

3002:17; 3007:4, 7;

3017:12; 3023:20; 3025:5;

3042:25; 3043:5; 3046:6;

3049:10; 3056:3, 18;

3057:6; 3059:9; 3062:2;

3077:2; 3087:5; 3092:19;

3113:15; 3121:9; 3131:6,

20; 3132:12; 3155:24;

3173:24; 3195:7; 3197:7;

3199:4; 3225:22; 3229:25;

3245:11, 25; 3276:18;

3301:4; 3312:7; 3315:1;

3321:23; 3322:8

factor [2] - 3074:13; 3271:12

factored [1] - 3301:1

factoring [1] - 3123:7

factors [7] - 3236:24;

3266:17; 3271:3, 6;

3290:24; 3313:19; 3316:7

facts [6] - 2999:14; 3001:17;

3014:6; 3018:7, 12

Faichney [3] - 3006:16;



17

3011:11, 17

failed [2] - 3049:7; 3237:19

failing [1] - 3163:3

failure [2] - 3047:18; 3240:12

fair [55] - 3002:23; 3019:23;

3030:4; 3056:15; 3058:25;

3061:18, 22-23; 3062:5;

3063:14; 3073:13;

3109:13; 3114:11;

3118:23; 3120:7; 3126:18;

3129:5, 9; 3130:6;

3139:19; 3150:13; 3159:8;

3160:12, 15; 3169:4, 15;

3173:15; 3182:8, 17;

3196:4; 3197:15; 3207:6;

3208:4; 3212:24; 3217:19;

3220:24; 3223:6; 3229:4,

18, 21; 3235:18, 25;

3246:4; 3292:18; 3297:2;

3315:24; 3317:18;

3318:14; 3319:13

fairly [4] - 2993:10; 3019:4;

3043:12; 3059:13

fairness [3] - 3067:20, 24;

3317:13

fall [4] - 3046:17; 3106:23;

3293:13; 3321:22

fall-back [1] - 3046:17

fallback [1] - 3049:11

familiar [24] - 3033:1;

3078:17; 3105:15;

3110:19; 3167:11-13,

17-18; 3170:14; 3176:1, 3,

17, 19, 21; 3180:14;

3199:24; 3200:12;

3222:20; 3237:10, 18;

3238:25; 3253:21

familiarity [4] - 3063:25;

3176:15; 3180:11; 3253:24

families [9] - 3011:18;

3014:1; 3022:3; 3026:11,

14; 3027:11; 3029:9, 13

family [26] - 3002:25; 3003:7;

3004:1, 8-9, 14, 17;

3006:20; 3007:4, 23;

3010:18; 3011:9, 11, 16,

20; 3012:3, 13, 24;

3022:15; 3025:14;

3031:20; 3094:20

family's [2] - 3009:17; 3013:8

far [19] - 3005:18; 3009:10;

3053:8; 3076:3; 3093:1;

3097:10; 3166:24; 3179:1;

3180:21; 3216:9; 3217:3;

3229:13; 3235:3; 3267:18;

3268:10; 3282:22; 3284:4;

3290:14; 3321:16

farm [2] - 3010:20, 23

father [2] - 3003:9; 3010:20

feasible [1] - 3013:25

feature [1] - 3260:23

FEATURE [2] - 2986:4;

3261:5

February [4] - 3053:18;

3199:23; 3221:12; 3246:10

Federal [30] - 3037:23;

3038:2, 4, 12-13; 3042:4,

12; 3043:10, 25; 3044:3, 6;

3048:4, 12, 20; 3052:18;

3084:16; 3094:10;

3131:15; 3132:1; 3147:4;

3148:11, 14, 23; 3154:6;

3162:13; 3163:3; 3167:9,

20; 3243:18; 3253:9

federal [13] - 3130:6;

3141:18; 3146:1; 3147:8,

10, 12, 14, 21; 3158:2;

3165:17; 3240:8

FEDERAL [4] - 2983:14;

2985:20; 3162:19; 3256:17

Federal/Provincial [1] -

3260:24

FEDERAL/PROVINCIAL [2] -

2986:4; 3261:6

Federation [4] - 3036:21;

3040:11, 14; 3041:4

Feds [1] - 3048:14

fee [1] - 3052:21

feedback [1] - 3265:17

Felix [1] - 3012:3

fell [1] - 3036:11

felt [4] - 2988:25; 3012:17;

3035:1; 3268:23

fen [18] - 3136:5, 7; 3297:6,

9, 16, 21; 3298:1, 5, 10,

16, 19, 24; 3299:2, 8, 21;

3300:3

few [25] - 2995:2; 3005:15;

3007:3; 3008:13; 3025:7;

3031:9; 3033:25; 3054:1;

3055:19; 3056:10;

3060:10; 3071:6; 3086:14;

3094:1; 3115:19; 3122:16;

3128:14; 3154:10;

3162:24; 3199:6; 3210:3;

3216:12; 3219:14; 3246:7;

3279:6

fewer [2] - 3009:2; 3179:13

fiddler [1] - 3003:10

field [6] - 3016:12; 3069:13;

3174:12; 3176:13;

3190:22; 3197:10

fields [1] - 3173:6

fieldwork [3] - 3092:8, 20;

3193:23

fifth [1] - 3071:25

fifty [1] - 3270:13

figure [5] - 3025:20; 3196:12;

3218:2; 3225:3

file [4] - 2989:25; 3018:3;

3103:3; 3195:1

filed [14] - 2990:21; 3032:5;

3065:21; 3076:15; 3090:7;

3091:2; 3094:7; 3096:7;

3098:5; 3103:23; 3104:2;

3175:4; 3218:10; 3312:11

files [4] - 3030:22, 24;

3031:1

fill [1] - 3325:5

filling [1] - 3286:25

final [13] - 3038:23; 3107:4;

3121:6, 24; 3122:8, 17;

3153:15; 3162:22; 3167:4;

3169:21; 3259:13;

3272:15; 3274:16

finalized [1] - 3156:21

finally [7] - 2997:8; 2998:1;

3014:18; 3045:17; 3100:4;

3102:1; 3103:5

financing [1] - 3047:25

findings [6] - 3029:4;

3092:20; 3180:23;

3244:18; 3321:16

fine [4] - 3047:14; 3087:3;

3127:5; 3192:23

finish [2] - 3065:2; 3278:18

finished [1] - 2987:20

finishes [1] - 3065:12

finishing [1] - 3121:6

fire [1] - 3171:10

Firebag [1] - 3004:25

fires [1] - 3171:6

FIRM [2] - 2986:4; 3261:5

firm [1] - 3260:23

firmly [1] - 3256:23

first [42] - 2988:22; 2995:5;

2996:17, 23; 3000:1;

3020:24; 3022:2; 3023:11;

3024:4; 3035:15; 3056:14,

21; 3068:10; 3074:4;

3090:21; 3105:10;

3133:16; 3136:3, 16;

3139:5; 3143:17; 3170:13,

24-25; 3172:14, 18;

3179:15; 3191:10;

3218:11; 3220:8; 3231:9,

11, 22; 3248:18; 3251:16;

3275:22; 3276:8, 18;

3278:19; 3297:20

FIRST [2] - 2982:18; 3278:5

First [36] - 2978:7, 11, 13,

16, 22; 2992:8, 10; 2993:5;

2996:5; 2997:4-6; 3000:16;

3007:14; 3013:19;

3017:16, 19, 23; 3019:14;

3028:21; 3035:8; 3041:7;

3070:9, 13, 15; 3074:22;

3084:2, 5; 3278:11;

3288:11, 17; 3300:24;

3311:19; 3312:25

firstly [1] - 3095:2

fish [72] - 3015:18; 3040:24;

3187:5, 10; 3188:16;

3203:2, 13, 18; 3206:5;

3208:1, 23; 3209:2, 4, 6, 9,

12, 21, 24; 3211:12, 16;

3212:3; 3215:3; 3221:17;

3227:10, 17-18, 21-22;

3229:2, 15; 3230:19;

3231:3, 25; 3232:2, 5,

14-15; 3233:3, 8, 12, 16;

3235:3, 8, 12, 14, 17;

3236:13, 18; 3237:1;

3280:6, 19, 22; 3281:3;

3282:10, 17; 3284:6, 18,

20; 3285:25; 3286:5;

3287:3, 11, 15; 3320:14

fish-bearing [1] - 3320:14

fishable [1] - 3286:17

fished [1] - 2998:10

fisheries [4] - 3205:19;

3236:13; 3242:19; 3255:19

Fisheries [23] - 3090:6;

3102:12, 15-16, 20;

3174:10; 3194:3; 3197:16,

19; 3203:1; 3209:25;

3219:5; 3238:20; 3241:15;

3253:25; 3288:1, 12, 16;

3309:20; 3321:11, 20;

3322:5; 3323:7

FISHERIES [2] - 2981:8;

3088:14

fisherman [1] - 3029:21

fishery [1] - 3233:14

fishery's [1] - 3242:23

fishing [11] - 3003:8;

3079:23; 3227:25; 3228:1;

3232:16; 3279:12; 3280:8,

14; 3281:23; 3283:3, 12

Fishing [1] - 3063:6

fit [3] - 3233:9; 3235:22;

3313:8

fits [1] - 3312:5

five [13] - 3036:23, 25;

3042:13; 3062:5; 3085:15;

3088:1; 3093:20; 3162:2;

3188:23; 3190:22;

3262:11; 3319:23

five-minute [1] - 3262:11

fix [1] - 3244:23

fixing [1] - 3002:4

flammable [1] - 3171:4

fleet [12] - 3185:18, 20;

3270:23; 3271:2, 20;

3272:6, 19; 3273:6, 13, 21;

3274:8, 12

fleets [1] - 3272:2

flexibility [5] - 3104:24;

3121:18, 25; 3122:3;

3295:13



18

flight [1] - 3062:15

flip [3] - 3023:15; 3033:13;

3071:25

flipped [1] - 3071:11

Flook [1] - 2979:4

FLOW [2] - 2983:22; 3238:1

Flow [4] - 3223:3; 3224:5;

3225:9, 11

flow [21] - 3052:8; 3110:2;

3204:22; 3207:18, 20;

3208:21; 3212:13;

3215:13; 3216:3, 14-15;

3217:9, 22; 3218:7, 18;

3223:4, 12, 17, 23;

3225:19

Flows [1] - 3222:23

flows [5] - 3083:12; 3117:20;

3210:20; 3215:14; 3258:20

flux [2] - 3190:5

fly [1] - 3141:10

flycatcher [1] - 3143:9

flying [1] - 3055:9

focus [3] - 2999:13; 3083:4;

3307:5

focused [5] - 3022:21;

3026:3; 3186:9; 3249:3;

3251:2

focusing [1] - 3218:3

focussed [1] - 3313:21

FOIP [2] - 3031:3, 7

folks [4] - 3008:1; 3199:6;

3200:20; 3230:25

follow [23] - 3012:18;

3050:20; 3080:10;

3108:12; 3115:6; 3153:22;

3155:9; 3193:12; 3202:18,

20; 3204:9, 14, 19; 3205:6,

9; 3306:7; 3308:25;

3310:15, 22, 24; 3321:19,

23

follow-up [15] - 3153:22;

3155:9; 3193:12; 3202:20;

3204:9, 14, 19; 3205:6, 9;

3306:7; 3308:25; 3310:15,

22, 24

followed [2] - 3133:16;

3149:13

following [9] - 3025:5;

3125:21; 3127:13; 3128:4;

3210:18; 3220:8; 3231:8;

3306:4; 3307:14

follows [3] - 3021:15;

3133:15; 3139:15

footprint [2] - 3127:22;

3281:12

FOR [22] - 2983:12, 22;

2984:6; 2985:6, 10, 12, 20;

3153:6; 3177:18; 3178:9;

3192:11; 3238:2; 3248:9;

3256:16

forage [1] - 3287:23

force [5] - 3034:21; 3147:1;

3167:5, 7; 3310:8

forced [1] - 3022:13

foregone [1] - 3294:7

forest [3] - 3134:21; 3171:3;

3227:9

forests [2] - 3171:2, 14

forever [1] - 3254:7

forget [2] - 3238:4; 3263:15

form [19] - 3036:24; 3037:2;

3081:4; 3184:8, 10, 15,

17-18, 20-21; 3185:1, 8,

21; 3191:22; 3259:6;

3280:6

formalize [1] - 3039:24

format [3] - 3093:19; 3251:7

formed [6] - 3034:15, 18;

3035:10, 14; 3046:10;

3206:21

former [3] - 3013:8, 18;

3218:8

forms [4] - 3184:17; 3282:14,

17; 3285:19

formulated [2] - 3312:15;

3315:11

formulating [1] - 3312:21

formulation [2] - 3195:19;

3315:8

FORT [1] - 2976:2

Fort [53] - 2976:24;

2978:11-13, 15; 2992:8,

12; 2993:4; 2997:3, 5;

2998:8, 13, 25; 3005:25;

3007:5, 11; 3009:24;

3011:22; 3012:1, 24;

3015:12; 3017:15, 17,

22-23, 25; 3018:11;

3019:11; 3023:12; 3025:2,

16; 3026:4, 12, 15;

3029:17-19, 25; 3074:22;

3077:10; 3078:10; 3081:3;

3121:10; 3298:9; 3323:3

forth [3] - 3045:24; 3135:24;

3327:8

Fortna [26] - 2990:19, 21, 25;

2991:4; 3020:5; 3026:18,

23; 3027:16; 3033:21;

3056:10, 15; 3057:24;

3059:18; 3060:24;

3067:15, 20; 3070:16;

3071:6, 16; 3073:5, 19;

3074:4; 3080:9; 3082:22;

3085:25; 3087:8

FORTNA [13] - 2980:14, 16;

2983:4; 2990:15; 2991:7;

3057:15; 3068:2; 3074:11;

3080:11; 3082:24; 3086:2;

3087:24

Fortna's [1] - 3087:21

fortuitous [1] - 3196:15

fortunately [1] - 3262:8

forum [1] - 3255:12

forward [14] - 2987:6;

3041:19; 3085:20; 3090:1;

3093:8; 3094:23; 3095:21;

3116:3; 3136:23; 3149:3;

3162:8; 3218:6; 3266:9;

3314:14

Foundation [1] - 3247:19

FOUNDATION [2] - 2984:6;

3248:9

four [11] - 3039:13; 3047:15,

18; 3085:14; 3086:19;

3093:19; 3096:1; 3190:22;

3264:14; 3266:17; 3309:21

four-point [1] - 3039:13

fourth [2] - 3236:5; 3265:2

FOX [6] - 2981:14; 3088:25;

3166:12; 3168:11;

3175:23; 3270:25

fox [1] - 3166:11

Fox [6] - 3100:4, 6; 3175:19;

3270:24; 3272:23

fragmented [2] - 3053:4;

3077:24

frame [1] - 3279:24

framed [2] - 3145:6; 3226:17

Framework [13] - 3115:24;

3138:11; 3152:8, 13;

3210:19; 3211:5, 21, 24;

3220:9, 11; 3221:5;

3222:19; 3237:22

FRAMEWORK [2] - 2983:11;

3153:6

framework [9] - 3116:2;

3133:20; 3137:24; 3138:2;

3167:10; 3212:1; 3218:19;

3301:3; 3314:14

frameworks [1] - 3311:7

frankly [1] - 3295:24

Fraser [1] - 3030:1

Fred [1] - 3030:1

free [1] - 3068:1

freely [1] - 3030:13

French [2] - 3003:14;

3153:17

frequently [2] - 3177:3;

3301:18

Friday [3] - 3120:25;

3121:22; 3263:19

friend [8] - 3065:12, 14;

3066:2; 3107:25; 3110:1;

3113:16; 3214:18; 3290:6

friend's [1] - 3130:21

friends [5] - 3004:5; 3066:18;

3094:15, 22; 3122:10

FROM [10] - 2983:8, 18;

2985:5, 9, 19; 3119:3;

3177:16; 3178:9; 3201:16;

3256:14

front [5] - 3027:1; 3091:10;

3132:7; 3174:8; 3225:2

front-page [1] - 3091:10

froth [2] - 3276:10, 14

frustrating [4] - 3015:9;

3016:16; 3141:23; 3142:2

fulfill [1] - 3156:5

FULL [2] - 2985:13; 3192:12

full [17] - 2993:7; 3002:3;

3006:25; 3020:16;

3151:21; 3152:3; 3160:7;

3179:24; 3180:6; 3191:11;

3192:5; 3207:16; 3211:5;

3222:9; 3251:16

fuller [2] - 3191:21, 23

fully [13] - 3014:16; 3051:18,

20-21; 3062:11; 3069:19;

3182:2; 3242:12, 15;

3243:6; 3265:11; 3325:8

fulsome [1] - 3192:5

FULSOME [2] - 2985:13;

3192:13

function [7] - 3196:6;

3204:24; 3281:15;

3297:16; 3298:1, 16;

3299:21

functional [4] - 3124:15;

3125:10; 3281:7, 10

functioning [1] - 3286:22

functions [1] - 3267:4

funding [8] - 2996:12;

3047:3, 8; 3175:1, 10, 12;

3220:22

funds [6] - 2994:8; 3005:7;

3031:16; 3068:9; 3074:14;

3083:11

funny [3] - 3000:9; 3013:13;

3161:22

Fur [1] - 2997:19

fur [2] - 3035:7; 3079:18

FURTHER [2] - 2980:9;

2989:20

furthermore [5] - 3001:3;

3003:23; 3011:3; 3033:14;

3072:23

future [23] - 3112:21;

3116:18; 3130:22;

3142:14; 3149:1; 3205:14;

3216:1; 3217:3, 9, 11, 14,

21, 25; 3270:4, 7; 3273:19;

3280:5, 18; 3281:5, 15;

3291:7

Future [4] - 3247:20; 3273:9;

3274:6

FUTURE [2] - 2984:6; 3248:9



19

G

gain [1] - 3325:14

Galosky [1] - 3058:23

game [1] - 3097:13

gap [1] - 3242:10

gaps [1] - 3325:5

garden [1] - 3032:21

Gardiner [1] - 3063:5

Gardiner-Namur [1] - 3063:5

Gary [1] - 2977:10

gas [16] - 3163:1; 3165:20,

25; 3166:6, 13-14, 23;

3167:15; 3168:5, 17, 19;

3169:6, 9; 3184:9;

3277:16, 20

gaseous [7] - 3184:8, 18-20;

3185:2, 9; 3186:2

gases [2] - 3164:25; 3184:22

gather [2] - 3231:1; 3325:1

gathered [2] - 3236:21;

3241:4

Gathering [1] - 3063:6

GCOSs [1] - 3007:18

gears [2] - 3146:9; 3153:21

genealogical [1] - 3025:11

genealogy [1] - 3025:6

GENERAL [15] - 2981:7, 24;

2982:3, 8, 10, 13, 17;

2983:20; 3088:11;

3095:24; 3104:13;

3123:15; 3172:9; 3222:12;

3278:4

general [28] - 3015:23;

3037:6; 3039:6; 3051:25;

3052:9; 3068:21; 3085:10;

3099:11; 3105:10, 16;

3114:19; 3120:5; 3126:19;

3128:2; 3139:18; 3168:13;

3194:25; 3198:17;

3207:22; 3211:23;

3223:12, 15; 3240:25;

3241:23; 3260:11;

3287:14; 3310:15; 3323:17

General [9] - 2978:8, 23;

3040:11; 3218:25; 3219:2;

3222:2; 3224:14; 3238:12;

3239:3

General's [1] - 3237:10

generalists [1] - 3195:4

generally [9] - 3020:14;

3038:3; 3114:15; 3129:11;

3173:21; 3254:1; 3259:14,

17; 3317:21

generate [2] - 3230:11;

3269:1

generated [1] - 3008:22

generations [1] - 3112:21

gentleman [1] - 3058:6

gentlemen [1] - 3086:7

Gentlemen [5] - 3096:12;

3100:25; 3102:14; 3103:8;

3193:5

Geological [2] - 3101:16, 21

Geologist [1] - 3099:14

geotechnical [1] - 3101:22

Gertie [1] - 3032:1

Gill [1] - 2979:16

given [19] - 3067:13; 3085:5;

3087:5; 3092:11, 17, 19;

3107:25; 3114:9; 3117:21;

3118:4; 3130:13; 3181:25;

3197:22; 3201:6; 3240:6,

22; 3320:10; 3321:16;

3322:9

Gladue [1] - 3028:24

Gladys [1] - 2977:15

glasses [1] - 3183:11

glean [1] - 2987:17

global [1] - 3217:7

globe [1] - 3185:10

Globe [1] - 3290:8

goal [3] - 3000:1; 3161:23;

3325:10

goals [2] - 3112:18; 3282:7

GOING [2] - 2986:8; 3289:14

Gold [1] - 3040:4

Golder [28] - 2996:20;

2999:4, 7; 3000:3, 11, 17,

20; 3002:1, 9, 20; 3006:2,

9, 18; 3008:2, 5, 9, 16, 18;

3009:10; 3011:10; 3012:9;

3030:4; 3031:5; 3032:25;

3033:6; 3213:13; 3214:2,

14

Golder's [1] - 3018:7

Golosky [2] - 3028:9, 15

Goodjohn [3] - 3033:2, 10

Goodon [1] - 3040:17

goodwill [1] - 3085:19

Googleable [1] - 2993:10

GORRIE [32] - 2982:3, 8;

3104:14, 19; 3105:2;

3107:15; 3108:7; 3109:16;

3110:6; 3113:21; 3115:13,

18; 3118:23; 3119:6;

3120:12; 3123:16;

3130:24; 3131:3, 13;

3132:1; 3141:4; 3152:6,

13, 23; 3153:4, 9; 3162:10,

21; 3171:24; 3172:4

Gorrie [10] - 2979:1, 6, 9, 11;

3104:11; 3105:3; 3109:14;

3123:13; 3141:1; 3153:10

governance [2] - 3036:19;

3080:20

governing [11] - 3036:24;

3037:1, 7; 3038:1; 3039:3;

3049:24; 3050:12; 3052:1;

3085:1, 15; 3113:25

government [26] - 3035:15,

18, 24; 3036:4; 3037:2, 5;

3039:11; 3044:9, 14;

3046:16; 3047:25; 3048:2,

14; 3050:12, 14, 16;

3051:10; 3052:18;

3054:24; 3082:20; 3083:6,

12; 3085:18; 3254:9

GOVERNMENT [3] -

2976:12; 2983:14; 3162:19

Government [41] - 3007:12;

3012:17; 3034:9; 3037:20,

23; 3038:2, 4, 12-13, 24;

3039:25; 3042:4; 3043:10;

3044:1, 7; 3048:4, 12;

3052:18; 3081:14;

3082:14; 3083:1, 18;

3132:14; 3138:19; 3139:4;

3141:17; 3147:23; 3148:2,

11, 23; 3154:6; 3162:4, 13;

3163:11; 3164:1; 3167:9,

14, 19

Government's [1] - 3021:24

government's [1] - 3141:23

government-to-

government [2] - 3044:9,

14

governments [9] - 3035:14;

3040:8; 3043:19; 3051:18;

3052:3; 3081:14; 3084:14;

3085:20; 3158:3

Governors [1] - 3037:3

graduation [1] - 3080:2

grammar [1] - 2995:2

Grand [1] - 3043:7

grandfather [1] - 3003:11

Grant [4] - 3003:25; 3028:9,

15; 3032:8

graphics [1] - 3036:6

GRAPHS [2] - 2985:9;

3178:8

graphs [1] - 3178:1

grateful [1] - 3262:10

grave [2] - 3005:3; 3015:22

grayling [4] - 3242:14;

3243:3, 6, 9

Great [1] - 3034:20

great [13] - 2990:7; 2991:8;

3009:16; 3017:15, 24;

3030:19; 3031:11;

3124:18; 3125:4; 3144:20;

3153:21; 3154:15; 3160:11

greater [6] - 3134:3; 3176:6;

3190:14; 3205:20; 3231:9;

3285:11

greatest [2] - 3201:2; 3208:7

Green [2] - 3077:6; 3125:20

green [1] - 3024:6

greenhouse [13] - 3163:1;

3164:25; 3165:20, 25;

3166:6, 13, 23; 3167:15;

3168:5, 16, 19; 3169:6, 9

GREG [2] - 2981:17; 3089:7

Greg [1] - 3099:13

grew [1] - 3004:11

Grolosky [1] - 3058:22

ground [10] - 3037:8, 13;

3074:15; 3078:1; 3079:24;

3081:2; 3082:4; 3246:24;

3249:22; 3323:2

ground-truthing [1] -

3074:15

grounded [1] - 2999:14

grounds [3] - 3126:21, 23;

3279:21

groundwater [3] - 3099:16;

3101:19; 3265:4

group [15] - 3050:23; 3096:5;

3161:2, 9; 3175:8;

3194:10; 3200:4, 7;

3223:9; 3234:9; 3254:5, 9;

3255:3; 3265:9; 3299:15

Group [1] - 3299:14

group's [1] - 3029:7

groups [14] - 2978:19;

2991:22; 2993:3, 6;

2994:9, 20, 22; 2996:12;

3036:3; 3084:6; 3094:9;

3095:13; 3255:7; 3287:19

GROUPS [11] - 2980:5, 10,

12, 18, 22; 2981:3;

2988:12; 2989:21;

2990:13; 3055:22; 3073:25

growing [1] - 3004:5

growth [3] - 3124:14;

3134:21; 3224:24

guaranteed [2] - 3286:17

Guertin [2] - 3032:14;

3062:14

guess [61] - 3006:22; 3010:5;

3011:11; 3012:15;

3026:21; 3058:25;

3066:17; 3067:12; 3068:2;

3069:11, 21; 3074:25;

3075:16; 3080:2; 3098:18;

3116:17; 3122:16;

3131:19; 3132:10;

3153:23; 3161:3, 12;

3187:15; 3189:16;

3194:24; 3195:4; 3196:12,

17; 3200:23; 3216:2;

3224:10; 3227:22;

3240:25; 3245:1, 24;

3246:4; 3259:24; 3269:17,

25; 3280:17; 3286:17;

3293:8; 3295:19, 21;

3297:13; 3298:3; 3301:7;

3304:3; 3313:4; 3314:22;

3316:14; 3318:10, 15, 17;



20

3319:19; 3320:3; 3322:9,

25

guessing [2] - 3143:17, 19

guidance [3] - 3051:25;

3137:25; 3138:2

Guide [1] - 3143:21

GUIDELINE [2] - 2983:10;

3153:1

guideline [2] - 3144:1;

3160:24

Guidelines [2] - 3099:6;

3161:24

guidelines [8] - 3052:8;

3054:2; 3084:4; 3235:20;

3320:20, 24; 3321:1, 5

guides [1] - 3322:3

guys [1] - 3020:1

H

habitat [84] - 3097:15;

3106:8, 10, 23, 25;

3107:11; 3108:14, 21,

24-25; 3109:1, 8, 21;

3111:10; 3112:9; 3119:12;

3120:1; 3124:2, 10;

3125:9; 3126:10-12, 16,

25; 3127:1, 24; 3128:3;

3133:2, 19; 3135:4;

3138:7; 3141:25; 3142:14;

3143:13; 3145:1; 3146:5;

3147:2, 25; 3148:17;

3155:2; 3203:2, 18;

3206:5; 3207:13, 21;

3208:1, 5, 9, 22-23;

3209:2, 4, 6, 9, 12, 22, 24;

3211:12, 16; 3212:3;

3221:17; 3231:3; 3232:5,

8-9, 11; 3233:1, 8, 12;

3236:14; 3278:22;

3282:17; 3284:7; 3288:3,

5, 18; 3295:2, 11; 3296:2;

3300:19; 3305:1; 3306:3;

3324:14

habitat" [1] - 3296:14

habitats [24] - 3124:11,

13-14, 21, 25; 3127:20;

3128:2, 25; 3129:3, 11;

3136:17; 3203:13;

3204:23, 25; 3205:1;

3281:6, 10, 14; 3282:12;

3302:15, 20; 3303:9

HADD [3] - 3206:7; 3209:18,

20

half [6] - 3019:5, 7; 3027:23;

3045:5; 3070:10; 3262:9

halfway [1] - 3163:13

Hamelin [1] - 3058:18

hampered [1] - 3251:13

hand [8] - 3010:22; 3020:17;

3113:23; 3165:5; 3171:25;

3195:23; 3293:1

handed [2] - 3239:10;

3247:11

Hannon [3] - 3109:18;

3110:7, 21

happy [5] - 3100:18;

3103:19; 3130:25;

3169:22; 3226:3

hard [16] - 2988:24; 3023:7;

3060:1; 3070:24; 3071:4,

14; 3072:4; 3073:12;

3086:3; 3182:17; 3213:19;

3244:13; 3245:14;

3274:11; 3293:4

hare [1] - 3107:10

harmful [1] - 3209:20

Harry [1] - 3046:21

harvest [3] - 3228:10;

3286:12; 3287:12

harvester [1] - 3039:16

harvesters [3] - 3015:25;

3016:25; 3063:3

harvesting [7] - 3015:18;

3039:14; 3040:15, 24;

3043:24; 3083:19; 3280:19

HAS [4] - 2985:9; 2986:3;

3178:8; 3261:4

hate [2] - 3044:20; 3110:1

Head [1] - 3098:19

head [4] - 3018:3; 3036:4;

3097:11; 3111:12

headed [1] - 3163:24

heading [2] - 3114:12;

3239:16

healthy [1] - 3281:19

hear [5] - 3093:5; 3121:24;

3130:17; 3174:11, 17

heard [11] - 2990:6; 3007:19;

3019:17; 3053:15; 3073:9;

3081:11; 3130:16;

3234:23; 3312:17; 3315:6;

3317:1

hearing [21] - 2992:11;

3013:5; 3014:18, 24;

3096:19; 3101:10;

3115:20, 23; 3116:5;

3117:10; 3121:21;

3163:19; 3218:12; 3220:9;

3263:7, 19; 3289:24;

3291:3; 3317:1; 3326:8

Hearing [1] - 2977:12

HEARING [4] - 2976:15;

2982:15, 19

hearings [1] - 3220:17

HEATHER [2] - 2981:14;

3089:1

Heather [2] - 3099:20;

3184:4

Hebert [3] - 3199:16; 3202:8,

24

held [2] - 3030:12; 3040:17

Held [1] - 2976:23

help [9] - 2991:9; 2997:8;

3041:2; 3165:12; 3168:4,

17; 3197:24; 3198:11;

3228:25

helped [5] - 2992:4; 3024:13,

18; 3172:15

helpful [12] - 3021:18;

3040:1; 3110:3, 14;

3122:20; 3148:10;

3175:15; 3188:16;

3195:15; 3318:22; 3319:20

helping [2] - 3018:4; 3019:3

helpless [1] - 3016:20

hence [2] - 3270:11

Henry [1] - 3030:17

herds [1] - 3146:16

hereby [1] - 3327:5

herein [1] - 3327:8

hereunto [1] - 3327:13

Heritage [1] - 2991:12

Hermansen [4] - 3001:21;

3003:1, 24

Hermansen's [3] - 3027:10;

3064:12; 3086:24

hi [1] - 3104:19

hidden [1] - 3085:24

hierarchy [5] - 3133:15;

3134:9; 3150:8; 3231:19

high [10] - 3054:20; 3109:9;

3114:20; 3125:15, 17;

3126:3, 7; 3136:8;

3142:12; 3216:14

high-flow [1] - 3216:14

high-level [1] - 3114:20

higher [9] - 3112:8; 3183:7,

9, 18; 3185:14; 3187:20;

3188:1; 3214:1; 3235:16

highest [1] - 3183:21

highlights [1] - 2992:1

highly [1] - 3171:4

Hills [1] - 3298:9

himself [2] - 3014:4; 3058:17

hindered [1] - 3241:15

hinged [1] - 3024:24

hints [1] - 2996:10

hire [3] - 3016:13; 3018:22;

3053:22

hired [3] - 3010:22; 3024:5

historian [3] - 3025:21;

3027:3; 3061:14

historic [12] - 2995:25;

3004:17, 20-21; 3007:5,

22; 3015:22; 3024:23, 25;

3025:22; 3027:8; 3029:9

Historic [1] - 2995:23

historical [21] - 2991:24;

2992:7, 9, 12, 25; 2995:19;

2996:23; 2999:14; 3000:3,

6; 3006:3; 3015:21;

3018:7; 3024:12, 20;

3030:24; 3032:2; 3074:10;

3218:7

historically [2] - 3029:13;

3217:23

History [3] - 2991:12, 14, 16

history [18] - 2991:19;

2993:16, 20; 3000:4, 12,

25; 3001:1, 17; 3002:21;

3003:21; 3007:21;

3021:16; 3024:8; 3030:8;

3078:24; 3116:15

hmm [5] - 3058:5; 3060:9;

3063:23; 3190:15; 3248:15

hold [2] - 2991:15; 3183:10

holders [1] - 3030:18

holistic [3] - 3249:1, 14;

3250:17

holistically [1] - 3249:25

home [2] - 3013:8; 3086:17

homeland [4] - 3022:6;

3036:9; 3076:25

homestead [1] - 3032:12

homesteaded [1] - 3003:16

honest [2] - 3058:25;

3061:12

honestly [1] - 3161:22

hope [8] - 3014:13; 3033:11;

3058:19; 3220:5; 3268:13;

3286:16; 3294:2; 3318:2

hopes [1] - 3320:6

hoping [7] - 2993:22;

3060:11; 3067:2, 14;

3199:3, 7

hospital [1] - 3010:9

hot [2] - 3184:22; 3199:18

hour [2] - 3045:5; 3262:9

House [1] - 3044:11

house [4] - 3269:15, 25;

3270:10; 3276:23

housekeeping [4] - 2987:24;

2988:2; 3086:14; 3263:14

However..." [1] - 3144:18

HU [1] - 3108:22

huddle [1] - 3166:9

Hudson's [1] - 3035:16

huge [2] - 3276:11; 3314:5

human [1] - 3235:20

hundred [3] - 3035:7; 3079:5

Hunt [1] - 3041:2

hunted [1] - 2998:10

Hunting [1] - 3063:5

hunting [7] - 3003:8; 3009:7;

3040:17; 3279:13, 21;

3280:14; 3283:6

HUs [5] - 3106:6, 21; 3107:9;

3108:22, 24



21

hydraulic [2] - 3264:8, 15

Hydro [1] - 3099:14

hydrocarbons [1] - 3276:11

Hydrocarbons [2] - 3187:21;

3199:21

HYDROCARBONS [2] -

2983:17; 3201:15

hydrogeology [1] - 3101:17

Hydrology [1] - 3099:1

hypothesis [3] - 3251:2;

3267:9, 15

I

i.e [1] - 3251:3

idea [9] - 3070:3; 3071:19;

3092:16; 3116:12, 19;

3156:13; 3172:24;

3231:15; 3254:8

identifiable [2] - 3084:16, 22

identification [4] - 3118:25;

3152:11, 19; 3156:6

identified [23] - 3001:7;

3006:10; 3011:8, 10-11;

3066:7; 3094:18; 3101:14;

3119:19; 3134:3; 3136:11;

3146:20; 3147:3, 6;

3148:19; 3243:12;

3244:23; 3264:19;

3266:17; 3304:12; 3305:6

identifies [1] - 3023:15

Identify [1] - 3294:20

identify [11] - 3034:23;

3057:19, 25; 3113:1, 3;

3264:14; 3294:24;

3295:15; 3296:11, 16, 19

IF [2] - 2985:13; 3192:12

IFN [3] - 2983:22; 3219:18;

3238:2

ignored [1] - 3007:16

II [7] - 3210:18; 3211:22;

3220:14, 23; 3221:4, 10,

21

ill [2] - 3014:4; 3098:7

imagine [1] - 3228:24

immediate [1] - 3103:12

immediately [4] - 3055:9;

3097:24; 3098:24; 3099:5

Impact [6] - 3182:6; 3196:3;

3213:12; 3215:5; 3234:10;

3275:9

impact [21] - 3015:17;

3040:5; 3061:16; 3062:8,

18; 3069:14, 19; 3101:8;

3155:5; 3195:9; 3205:3;

3208:7; 3209:24; 3210:24;

3215:2, 23; 3224:19;

3228:21; 3242:23; 3243:5;

3260:9

impacted [8] - 3012:20;

3028:1; 3077:14, 19, 22;

3078:25; 3079:19; 3298:20

impacting [1] - 3062:15

impacts [64] - 2995:16;

2997:9; 3006:7; 3014:22;

3018:23; 3062:11, 23;

3063:17; 3080:3; 3100:15;

3105:6; 3108:9, 11;

3109:7; 3113:1; 3119:9,

12; 3120:2, 7; 3126:1;

3134:7, 20; 3139:20, 25;

3140:11, 19; 3148:6;

3154:23; 3169:13; 3170:4,

6; 3171:14; 3173:20;

3198:7; 3204:5; 3205:19,

22; 3210:1; 3213:2;

3215:3; 3218:5; 3220:3;

3221:18; 3231:9; 3234:14;

3237:12; 3243:1; 3245:8;

3255:18; 3284:6; 3285:16;

3292:19; 3302:14, 19;

3303:3, 9, 20, 24; 3304:1;

3306:2; 3318:17; 3319:11,

20

Impacts [1] - 3169:24

IMPACTS [2] - 2983:16;

3172:7

imperative [1] - 3250:3

Imperial [2] - 3203:17;

3220:17

implement [10] - 3221:4;

3245:14; 3294:20, 24;

3296:11, 20; 3297:15, 24;

3307:20; 3314:12

Implementation [2] - 3314:4,

18

implementation [3] -

3227:12; 3229:10; 3240:16

implemented [9] - 3169:11;

3212:7; 3220:23; 3245:5;

3246:21; 3247:3; 3292:14;

3303:5; 3325:9

implementing [3] - 3036:3;

3246:11; 3311:11

importance [1] - 3255:2

important [55] - 3001:16;

3002:7, 17, 19; 3003:12,

21; 3004:17; 3005:1, 17;

3007:20, 25; 3017:17;

3030:16; 3035:5; 3040:9;

3073:16; 3087:1; 3125:8;

3134:6, 19; 3135:6, 19;

3136:17; 3137:1; 3165:9;

3183:25; 3195:13;

3196:13; 3200:19; 3202:6;

3205:7, 9, 12, 25; 3206:2,

19; 3218:8; 3219:19;

3239:24; 3249:25; 3252:1,

12, 14; 3254:6, 21; 3257:7,

16; 3258:1; 3303:8;

3313:3, 14; 3315:14;

3316:8; 3317:15

important" [1] - 3239:17

impossible [2] - 3142:4;

3168:25

impression [1] - 3059:2

improve [6] - 3267:3;

3268:14, 18; 3292:15;

3316:15, 22

improvement [1] - 3315:18

improving [1] - 3266:19

IN [15] - 2976:1, 3, 5-6, 8-9;

2983:17; 2985:5, 8, 16;

3177:17; 3178:8; 3201:15;

3226:8; 3327:13

in-house [1] - 3276:23

in-stream [1] - 3218:18

In-Stream [1] - 3225:11

inability [6] - 3020:15;

3164:6, 11, 13-14; 3252:5

Inc [1] - 2979:15

incidents [1] - 3140:5

INCLUDE [2] - 2986:5;

3261:7

include [20] - 2992:1;

3008:10; 3028:4; 3031:14;

3046:25; 3142:19; 3166:6,

14; 3168:1; 3171:21;

3183:2; 3203:11; 3212:12;

3225:8; 3227:16; 3259:11;

3260:25; 3271:20;

3284:17; 3314:18

included [28] - 3001:18;

3003:22; 3004:22; 3005:6,

24; 3008:3, 14; 3015:7;

3017:18, 20, 24-25;

3018:1, 5; 3020:4, 6, 18;

3027:6; 3028:12, 16, 24;

3030:21; 3091:1; 3142:23;

3208:10; 3209:14; 3221:14

includes [5] - 2998:11;

3152:3; 3219:4; 3237:7;

3271:24

including [20] - 2992:17;

2993:3; 3001:1; 3015:11,

16; 3016:2; 3042:5;

3043:11; 3058:4, 17;

3065:24; 3074:15;

3114:10; 3124:20;

3126:21; 3203:14, 21;

3231:19; 3240:5; 3250:23

inclusion [1] - 3043:14

income [1] - 3009:8

incompatible [1] - 3126:9

incomplete [3] - 3241:10;

3242:3, 7

incorporate [1] - 3240:14

incorporated [3] - 3247:8;

3300:8, 12

incorrect [1] - 3181:7

increase [8] - 3111:12;

3164:20; 3171:5, 10, 18;

3177:22; 3190:2

INCREASED [2] - 2985:5;

3177:17

increased [9] - 3165:7;

3176:6; 3177:10; 3183:24;

3191:8; 3210:20; 3240:19;

3245:7; 3266:25

increases [1] - 3201:2

increasing [4] - 3165:11;

3170:6; 3200:25; 3216:21

indeed [2] - 3122:6; 3291:6

independently [3] - 3265:12,

15

INDEX [7] - 2980:1; 2981:1;

2982:1; 2983:1; 2984:1;

2985:1; 2986:1

Indian [5] - 3046:25; 3048:7;

3081:19; 3084:17

Indians [5] - 3048:5, 8-9, 13

indicate [8] - 3074:7; 3096:6;

3097:7; 3191:6; 3202:4;

3251:12; 3290:16; 3298:18

indicated [10] - 2990:4;

3091:24; 3095:12; 3116:5;

3122:23; 3138:4; 3149:11;

3298:22; 3299:17

indicates [7] - 3092:2;

3136:6; 3143:12; 3157:4;

3164:23; 3216:3; 3236:17

indicating [1] - 3217:12

indication [1] - 3217:2

indirect [3] - 3207:13;

3208:4; 3300:19

individual [8] - 2989:1;

3052:21; 3150:24;

3155:23; 3203:23;

3206:22; 3259:12; 3268:5

individualized [1] - 3052:20

individually [1] - 3053:2

INDIVIDUALS [11] - 2980:5,

10, 12, 17, 22; 2981:3;

2988:11; 2989:21;

2990:12; 3055:22; 3073:25

individuals [6] - 2978:19;

3022:13; 3052:16;

3075:24; 3094:18; 3173:13

Industrial [1] - 3143:3

industrial [1] - 3324:8

INDUSTRY [2] - 2985:5;

3177:17

industry [16] - 3019:9;

3040:2; 3043:2, 11, 19-20;

3053:1; 3085:20; 3177:9;

3210:4; 3220:3, 21;

3224:16, 25; 3259:16;

3260:20

influence [1] - 3236:10



22

inform [7] - 3155:16; 3157:7;

3193:15; 3197:25;

3198:11, 20; 3274:5

information [102] - 2987:16;

2995:9, 20, 22; 2997:8;

2998:13; 3005:9, 19;

3006:1, 4; 3008:10;

3009:16; 3010:10;

3028:17; 3030:16, 20;

3031:4, 12; 3033:9, 17;

3056:25; 3061:11; 3067:1,

6, 8-9; 3072:17; 3074:17;

3090:9; 3091:1, 13;

3093:2, 5, 9; 3096:6;

3097:3; 3101:9; 3109:4;

3110:4; 3122:14; 3125:3;

3139:2; 3141:12; 3148:10;

3149:22; 3151:20; 3157:7;

3168:9; 3169:14; 3171:13;

3173:5, 11; 3174:11;

3175:14; 3176:9, 11;

3177:4; 3178:15; 3182:5;

3191:19; 3194:21;

3195:18, 23; 3197:21;

3198:10; 3202:13; 3204:9;

3206:13; 3228:15, 17;

3230:9, 11, 22; 3231:1;

3236:16, 21; 3240:3, 5;

3241:4; 3242:18; 3258:23;

3267:12; 3274:2; 3286:11;

3289:4; 3291:10; 3293:3;

3299:10, 15, 17; 3312:10,

20; 3315:7; 3318:18;

3323:25; 3324:21; 3325:2,

14

INFORMATION [2] -

2983:14; 3162:18

Information [7] - 2995:7;

3153:25; 3154:5, 11;

3157:16; 3162:13; 3195:20

informed [8] - 3022:23;

3094:8; 3196:20; 3243:14;

3248:13; 3252:14;

3319:10; 3320:4

informing [1] - 3156:19

informs [2] - 3234:13, 16

initial [3] - 3092:20; 3275:11;

3319:5

initiate [2] - 3014:7; 3085:21

initiated [2] - 3041:7;

3324:25

initiative [2] - 3155:3;

3174:17

initiatives [4] - 2993:2;

3257:3; 3313:17; 3314:2

inorganic [1] - 3098:15

Inorganic [1] - 3179:25

input [4] - 3077:25; 3193:6;

3269:3

inputs [5] - 3213:20;

3214:20, 22; 3217:9;

3218:4

inquire [3] - 3091:3; 3198:4;

3289:10

inquiries [2] - 3194:2; 3198:1

inside [1] - 3230:24

inspect [1] - 3322:7

inspected [1] - 3321:23

inspections [3] - 3321:19;

3323:4, 12

installed [2] - 3247:3, 5

instance [6] - 3114:23;

3196:9; 3243:9; 3309:17;

3312:18; 3314:17

instead [3] - 2999:10, 13;

3012:15

Institute [5] - 3038:7;

3098:20; 3099:15;

3186:23; 3272:10

institutional [1] - 3252:5

INSTREAM [2] - 2983:22;

3238:1

insufficient [3] - 3133:8, 12;

3147:24

Integrated [4] - 3097:16;

3098:19; 3099:24; 3174:24

integrated [5] - 3250:8;

3259:23; 3311:6, 9;

3324:25

integration [2] - 3250:18;

3281:18

integrity [1] - 3298:10

intend [4] - 3066:19, 21;

3152:9; 3206:9

intended [3] - 3114:3, 10;

3258:10

intending [1] - 3094:25

intends [1] - 3065:17

intense [1] - 3217:14

intent [4] - 3115:8; 3130:21;

3166:1, 16

intention [3] - 3066:3;

3153:20; 3228:6

intents [1] - 3225:7

interactions [2] - 3036:5;

3265:4

interchangeably [1] -

3134:15

interest [7] - 3011:19;

3027:13; 3042:1; 3080:8;

3094:19; 3144:15; 3303:2

interested [3] - 3002:4;

3261:13; 3322:1

interesting [5] - 3023:5, 9;

3027:22; 3189:15; 3209:8

interestingly [2] - 3009:10;

3190:20

interests [8] - 3000:19;

3003:3; 3008:1; 3035:21;

3055:5; 3078:7; 3313:9;

3314:19

Interim [1] - 3220:9

internally [3] - 3039:24;

3067:5; 3081:13

international [2] - 3091:16;

3141:18

International [2] - 3289:20;

3290:2

internationally [1] - 3037:22

internet [1] - 3153:19

interpret [2] - 3197:12, 14

interpretation [2] - 3260:5;

3320:2

interpreted [2] - 3258:15;

3259:7

interpretive [1] - 3259:3

interrelated [1] - 3026:16

interrupt [2] - 3110:1; 3141:2

interval [1] - 3268:15

INTERVENERS [1] - 2978:5

interview [13] - 3003:23;

3009:20; 3011:14; 3028:6,

16, 18, 24-25; 3029:15;

3031:24; 3032:6, 8, 14

interviewed [3] - 3004:7;

3029:25; 3030:17

interviews [12] - 3004:13;

3014:20; 3015:14; 3024:2,

16-17; 3028:5, 8, 14, 22;

3030:12

intimately [1] - 3222:20

introduce [5] - 2990:18;

3065:17; 3090:16; 3096:4;

3097:5

introduction [3] - 3096:1;

3097:8; 3292:8

INTRODUCTION [4] -

2981:24; 2983:7; 3095:24;

3107:21

Inuit [3] - 3047:1; 3048:12,

15

invasion [1] - 3026:9

inventory [1] - 3199:9

Inventory [2] - 3175:22

invertebrates [1] - 3215:4

investigated [2] - 2995:15;

3141:15

investigations [1] - 3323:13

invite [4] - 3090:15; 3092:23;

3096:3; 3108:5

invited [1] - 3094:15

invoke [1] - 3210:6

involved [19] - 2988:25;

2993:1; 3029:7; 3033:8;

3044:23; 3045:11; 3055:3;

3077:19; 3081:6; 3105:16;

3113:24; 3146:11;

3169:20; 3174:22; 3175:9;

3180:15; 3200:4; 3306:8;

3323:18

involvement [2] - 3054:25;

3077:25

IRCs [1] - 3068:6

ironic [1] - 3000:24

irrespective [1] - 3308:6

irreversible [5] - 3134:22;

3135:8, 18; 3224:20;

3241:1

IS [6] - 2986:3, 6, 8; 3261:5,

9; 3289:13

island [1] - 3004:9

Island [5] - 2976:23;

3009:25; 3010:1, 3; 3011:5

isolate [1] - 3233:3

isolated [4] - 3082:6;

3233:16; 3234:24; 3235:4

isolation [4] - 3055:4;

3227:18, 20; 3284:20

issue [29] - 3037:12; 3042:7;

3051:2; 3054:22; 3064:17;

3066:7; 3083:8; 3094:17,

23; 3095:10; 3105:13;

3108:9; 3112:15; 3124:12;

3139:17; 3149:4; 3175:6;

3194:5; 3200:6, 8;

3207:17; 3210:14, 16;

3212:18, 20; 3213:6;

3228:8; 3229:5; 3313:24

issued [3] - 3138:15; 3139:4,

16

issues [30] - 3015:17;

3016:14; 3038:22; 3042:5,

8; 3059:21; 3068:23;

3083:24; 3086:14; 3093:5;

3094:11; 3098:5; 3115:3;

3122:17; 3163:14;

3172:16; 3195:3; 3198:1;

3227:3; 3252:7; 3255:4;

3257:8; 3276:2, 7;

3277:12; 3286:8; 3315:10

IT [4] - 2986:3, 6; 3261:5, 8

it.. [1] - 3232:10

item [6] - 3022:25; 3062:5,

25; 3063:20; 3072:6;

3160:22

items [3] - 3019:2; 3071:23;

3138:4

itself [13] - 3022:7; 3039:22;

3041:4; 3051:11; 3122:7;

3146:15; 3172:23;

3188:18; 3213:3; 3220:3;

3282:9; 3290:12; 3316:20

IV [3] - 3272:24; 3273:3, 14

J

J.L [1] - 3186:20

Jackpine [17] - 2989:11;

2998:11; 3060:17; 3062:3,



23

8, 17, 21; 3063:11, 21;

3101:5; 3108:4; 3109:3, 5;

3186:5; 3203:17; 3218:12;

3220:8

jackpine [2] - 3128:25;

3129:11

JACKPINE [1] - 2976:1

Jamault [1] - 2977:8

James [2] - 2978:9; 3030:2

Jane [1] - 3179:18

Janet [1] - 3179:17

JANOWICZ [6] - 2981:9;

3088:16; 3234:3; 3237:7;

3244:8; 3287:14

Janowicz [8] - 3102:19;

3233:25; 3238:18;

3239:14; 3244:5, 7;

3287:13

Jans [1] - 3079:14

January [6] - 3042:17;

3046:20; 3053:18;

3157:23; 3167:16; 3220:23

Jean [1] - 2977:20

Jean-Pierre [1] - 2977:20

Jeerakathil [1] - 2978:13

Jefferson [5] - 2989:18;

3017:3, 5; 3067:17, 21

Jefferson's [1] - 3068:25

Jenny [4] - 2978:7; 3262:24;

3278:13; 3325:23

Jill [1] - 2977:7

Jim [1] - 2977:3

job [6] - 3010:23; 3015:1;

3025:21; 3030:8; 3196:2;

3269:12

jobs [1] - 3054:14

John [2] - 2978:15; 3032:8

Johnny [1] - 3003:25

Johnston [2] - 2978:15;

2979:8

join [1] - 3246:17

Joint [9] - 2977:7; 3098:13;

3099:17, 23; 3174:23;

3203:10; 3220:16; 3314:4,

17

JOINT [5] - 2976:1; 2977:2;

2986:4; 3261:6

joint [15] - 3043:8; 3174:17;

3244:24; 3245:13, 18, 23;

3246:9; 3259:10, 19;

3260:4, 17, 24

JOSLYN [2] - 2983:8; 3119:3

Joslyn [2] - 3115:20;

3157:23

journal [1] - 3201:8

Journal [1] - 3091:10

JPME [3] - 3124:1; 3133:1;

3247:8

JRP [1] - 3139:16

judging [1] - 3195:6

Julian [2] - 3028:24

July [1] - 3247:2

Jumbo [3] - 3018:19;

3019:17, 20

jump [1] - 3212:17

jumping [2] - 3007:8; 3014:2

juncture [2] - 3320:10, 15

jurisdiction [15] - 3036:17;

3037:13, 17; 3038:17, 20;

3044:2, 4, 7; 3048:4;

3051:2; 3052:2; 3084:17;

3206:4

jurisdictions [1] - 3038:15

jury's [1] - 3229:18

Justice [3] - 2978:23;

3046:23; 3047:5

K

Karin [5] - 2978:11; 2979:1;

3091:6; 3105:5; 3172:12

Kasperski [4] - 3102:2, 5;

3275:3

KASPERSKI [4] - 2981:19;

3089:11; 3275:6; 3289:23

Katherine [1] - 2979:3

Kearl [10] - 3005:1; 3105:15,

18; 3136:14; 3203:18;

3220:17; 3238:24;

3302:13; 3304:20

keep [2] - 3073:12; 3281:19

keeping [1] - 3322:11

keeps [1] - 3321:15

Keith [1] - 2979:6

Kellie [1] - 2979:8

Kelly [1] - 3188:25

Kelly/Schindler [2] -

3183:15; 3189:3

Kent [2] - 3246:25; 3253:8

KENT [4] - 2984:9; 2985:20;

3256:17; 3262:4

KEY [2] - 2983:16; 3172:6

key [13] - 2995:9; 3011:9;

3016:2; 3023:21; 3030:18;

3031:6; 3033:14; 3060:15;

3163:14; 3316:4, 7; 3317:9

keys [1] - 3015:20

kilometre [1] - 3187:3

kilometres [10] - 3183:7,

18-19, 21; 3186:6, 15, 18;

3187:10; 3188:24; 3232:5

Kim [1] - 3102:2

KIM [2] - 2981:19; 3089:11

kind [18] - 2994:23; 3008:16;

3025:1; 3026:1; 3051:4;

3061:25; 3116:17;

3117:19; 3177:7; 3184:14;

3195:13; 3214:24;

3238:19; 3255:11;

3259:20; 3261:15;

3287:21; 3320:15

kinds [1] - 3323:17

Kirk [11] - 2978:8; 3178:25;

3179:17; 3186:7; 3187:25;

3318:20; 3319:9, 16

Kirkland [2] - 3103:5, 9

KIRKLAND [3] - 2981:22;

3089:16; 3103:6

knowing [2] - 3069:9; 3318:3

Knowledge [4] - 2993:19,

24; 2995:13; 2996:2

knowledge [22] - 2996:24;

2997:3; 3000:14; 3008:15;

3036:1; 3039:6; 3054:19;

3072:18; 3090:9; 3129:17;

3141:16; 3181:19;

3191:15; 3199:5; 3210:11;

3229:24; 3252:25; 3253:1;

3266:24; 3303:5; 3323:1

knowledge-based [1] -

3266:24

knowledgeable [3] -

3175:10, 12; 3195:2

known [4] - 3003:17;

3029:16; 3134:17; 3140:18

Kolenick [1] - 2978:3

Krista [1] - 2977:16

L

l) [1] - 3030:7

lab [2] - 3102:3; 3199:6

lab's [1] - 3181:16

labelled [1] - 3026:25

laboratory [2] - 3182:21;

3198:19

labour [1] - 3078:12

Labrador [1] - 3050:7

Lac [14] - 2992:24; 3003:6,

17; 3015:12; 3025:3, 15;

3026:6, 8; 3076:3; 3077:6;

3078:5, 21, 25

LaCasse [1] - 2977:11

lack [10] - 3015:23; 3017:8;

3020:15; 3053:14;

3071:17; 3073:8; 3175:2;

3236:19; 3248:24; 3251:1

lacking [1] - 3250:11

Lacorde [1] - 3058:21

Ladha [1] - 2979:7

Ladies [5] - 3096:12;

3100:25; 3102:14; 3103:7;

3193:5

lag [2] - 3124:17; 3285:16

laid [3] - 3168:24; 3169:1;

3259:15

lake [31] - 3029:20; 3057:21;

3227:17, 23; 3228:2, 10;

3230:2, 14, 18; 3232:24;

3233:1; 3278:24; 3285:7,

13, 15; 3286:1, 14, 16, 25;

3287:3, 16, 21; 3304:5, 12;

3305:1, 5; 3319:21, 24

LAKE [2] - 2983:18; 3201:16

Lake [37] - 3004:25; 3005:1,

5, 15; 3033:18; 3057:17,

22; 3058:4; 3063:9, 21;

3064:5, 11; 3077:7;

3079:11; 3180:2; 3186:14,

17; 3199:22; 3203:19;

3226:23; 3228:21;

3231:15; 3235:15; 3280:2,

15, 18; 3281:24; 3282:4, 8;

3284:5; 3298:10; 3299:8,

14; 3300:3, 11; 3302:13;

3304:20

lake's [1] - 3286:11

Lakeland [1] - 2992:23

lakes [23] - 2987:10; 3016:5;

3188:23; 3190:9, 23;

3191:3, 7; 3215:10;

3231:25; 3235:17;

3278:21; 3279:7, 17;

3284:9; 3319:13, 17, 24;

3320:13

Lakes [1] - 3063:5

Lambrecht [10] - 2978:8;

2987:5, 8; 3055:13;

3087:17; 3089:19;

3122:23; 3123:12;

3262:17; 3291:5

LAMBRECHT [37] - 2981:23;

2987:7, 13, 22; 3055:14;

3088:1, 7; 3089:20;

3090:3; 3093:14, 17;

3094:3; 3095:25; 3100:21;

3104:5; 3107:23; 3110:1;

3113:10; 3118:15;

3121:18; 3122:6, 9;

3130:9; 3131:1, 8, 23;

3178:13, 17, 20; 3191:24;

3192:8; 3226:15, 19;

3262:19; 3290:6; 3291:6

land [56] - 2991:24; 2995:13,

20, 25; 2996:4, 10, 24;

2997:2, 10, 17; 2999:1, 15,

19, 21; 3000:3; 3001:16;

3003:4; 3005:21; 3009:3,

8; 3013:16; 3016:7, 11;

3021:19, 23; 3022:17;

3023:18, 22; 3028:11, 23;

3029:1, 3; 3030:20;

3031:12; 3037:5, 20;

3042:8; 3045:16; 3046:15;

3047:24; 3051:10;

3052:20; 3077:2, 16;

3084:16; 3134:2; 3147:4,

8, 10, 12, 16; 3307:24;



24

3308:19

LAND [2] - 2983:6; 3107:21

Land [5] - 2992:15; 3005:8;

3035:17; 3038:6; 3074:14

landed [1] - 3140:16

landing [2] - 3140:5, 19

lands [7] - 3043:24; 3047:7;

3048:5; 3052:23; 3076:18;

3147:14, 21

landscape [11] - 3000:5;

3111:24; 3125:9; 3127:9,

18, 23; 3128:23; 3129:6, 8,

10; 3245:9

landscapes [1] - 3000:19

language [3] - 3003:14;

3035:11

large [12] - 3020:21; 3025:7;

3040:20; 3227:16;

3229:15; 3232:11; 3240:1;

3246:1; 3284:17; 3286:5;

3313:24

large-bodied [2] - 3229:15;

3286:5

large-scale [1] - 3240:1

largely [7] - 3061:6, 13;

3064:9; 3074:24; 3194:17;

3196:21; 3324:17

larger [5] - 2998:10; 3025:9;

3080:25; 3180:16; 3225:1

LARP [1] - 3314:7

larval [1] - 3187:12

laser [1] - 3001:20

last [41] - 3020:2; 3021:11;

3022:21; 3024:3; 3033:23;

3042:17; 3050:5; 3063:19;

3064:17; 3069:22;

3075:21; 3083:24; 3084:1;

3085:25; 3087:19; 3107:4;

3110:9; 3117:18; 3127:16;

3131:14; 3134:12; 3150:6,

11, 15; 3159:13; 3170:13;

3180:5; 3191:8; 3199:6;

3200:15; 3206:15;

3207:15; 3208:1; 3213:18;

3239:9; 3246:21; 3248:2;

3249:11; 3266:2

lastly [2] - 2996:1; 3031:23

lasts [1] - 3227:11

late [9] - 3010:6; 3023:2;

3031:25; 3033:23;

3045:15; 3058:17;

3084:24; 3190:2; 3247:10

latest [1] - 3176:24

latitude [1] - 3108:1

latter [1] - 3293:13

launching [1] - 3033:3

law [8] - 3308:5, 9-10;

3309:24; 3310:8; 3323:16

Laws [1] - 3041:1

lawyer [7] - 3044:19, 24-25;

3045:11, 18; 3075:13

lawyers [1] - 3278:10

lay [1] - 3064:9

layman's [1] - 3184:12

layperson's [1] - 3061:13

lays [1] - 3197:22

lead [11] - 3096:2; 3109:23;

3110:25; 3171:5, 18;

3177:22; 3178:18;

3194:14; 3202:23; 3240:17

LEAD [4] - 2985:7, 11;

3177:19; 3178:11

Lead [1] - 3102:20

leader [2] - 3046:21; 3096:20

leaders [4] - 2989:1; 3085:22

leadership [8] - 3016:24;

3041:8; 3049:6; 3075:16;

3085:15, 23; 3249:1;

3251:1

leading [2] - 3170:6; 3312:8

leads [2] - 3090:15; 3194:14

learned [8] - 3003:5, 16;

3004:7, 24; 3010:17;

3011:15; 3012:12; 3220:2

learning [2] - 3325:12, 15

Learning [1] - 2994:2

lease [6] - 3032:10, 16,

19-20; 3128:4; 3297:7

leases [4] - 3032:23; 3156:3,

6, 18

least [24] - 2987:16; 2993:23;

2995:15; 2999:3, 7;

3008:6; 3013:1; 3033:19;

3053:9; 3054:11; 3110:3;

3130:19; 3154:2; 3157:12;

3207:3; 3259:4; 3267:1;

3272:17; 3280:20; 3290:3;

3294:2; 3295:8; 3309:1

leastly [1] - 3031:23

leave [10] - 3059:2; 3087:10;

3123:10; 3130:18, 25;

3184:22; 3263:25; 3296:8,

16; 3299:24

leaving [1] - 3305:7

left [16] - 3002:3; 3011:19;

3039:5; 3055:4; 3097:10,

24; 3098:24; 3099:13, 19,

25; 3102:1; 3247:25;

3258:5; 3277:11; 3294:15

legal [5] - 3042:9; 3045:13;

3047:6; 3075:14; 3323:11

legally [1] - 3075:12

legislated [1] - 3083:20

legislation [5] - 3028:2;

3113:25; 3115:1; 3309:21;

3310:17

legislative [2] - 3307:5, 7

Legislature [1] - 3027:19

legitimate [1] - 3012:25

legitimately [1] - 3013:15

length [1] - 3212:6

lenticular [3] - 3136:5;

3297:6, 21

Les [2] - 2977:4; 3069:1

less [10] - 3008:21; 3026:8;

3128:3; 3166:10; 3211:17;

3270:6, 9; 3276:12, 17

lessen [6] - 3119:18; 3120:9;

3133:12; 3144:24;

3145:13; 3296:17

LETTER [6] - 2984:8;

2985:19, 21; 3256:14, 18;

3262:3

letter [21] - 2988:21;

3012:10, 21-23; 3029:11;

3046:22; 3047:1; 3253:6,

10, 14, 19, 21; 3254:1, 11;

3255:20; 3256:12;

3257:13; 3260:13;

3261:16, 23

LETTER'S [2] - 2985:23;

3256:21

letters [6] - 3007:10;

3026:25; 3027:2; 3054:6,

13; 3312:12

levee [12] - 3302:14, 19, 23;

3303:15, 18-19; 3304:7,

10, 15, 20, 22; 3306:2

level [36] - 3037:19; 3038:11;

3042:17; 3051:18-21;

3052:7, 9; 3053:10, 19;

3054:6, 9, 12; 3055:1;

3066:1, 14; 3074:21;

3077:25; 3082:17;

3085:12; 3114:20; 3129:6;

3143:7; 3225:19; 3236:25;

3237:2; 3267:23; 3268:7;

3271:8; 3288:8; 3313:11;

3318:6, 18

levels [28] - 3016:24; 3082:9;

3085:12; 3117:7; 3142:13;

3163:2; 3183:17; 3188:13;

3190:14; 3200:25;

3211:20; 3215:13; 3216:4;

3217:22; 3218:7; 3227:19;

3228:5, 13, 22; 3229:17;

3233:17; 3235:13, 16;

3268:12; 3279:13;

3284:16, 21, 24

library [1] - 3021:9

life [3] - 3208:8; 3315:18;

3318:1

life-time [1] - 3315:18

lifetime [1] - 3273:13

light [3] - 3020:2; 3197:12;

3198:7

likely [11] - 3066:20;

3077:11; 3109:23;

3110:25; 3212:6; 3224:16;

3230:17; 3242:22;

3263:20; 3270:9

limbo [1] - 3044:4

limitation [1] - 3095:17

limitations [5] - 2995:24;

3123:24; 3124:5; 3140:7

LIMITED [1] - 2976:2

limited [12] - 2996:3;

2999:19; 3074:18;

3122:16; 3126:16; 3127:8;

3203:15; 3236:17, 20;

3269:13; 3323:25

limiting [1] - 3167:15

limits [5] - 3031:2; 3165:24;

3166:6, 17; 3320:20

limnology [1] - 3189:11

line [14] - 3000:21; 3001:11;

3002:2, 14; 3011:12, 17;

3013:19; 3084:1; 3115:14;

3117:20; 3130:19;

3159:12, 18; 3162:22

lineage [2] - 3001:15;

3003:15

linear [3] - 3215:19; 3216:18;

3217:18

lines [3] - 3013:21; 3022:14;

3104:25

Lingen [1] - 2977:17

link [3] - 3153:19; 3195:5;

3265:11

linking [1] - 3195:3

list [5] - 2990:24; 3056:20;

3064:18, 21; 3168:12

listed [6] - 2996:22; 3033:14;

3092:4; 3144:25; 3146:3;

3167:25

listen [2] - 3016:22; 3315:9

listing [1] - 3057:6

lists [1] - 3091:21

literature [6] - 3020:16;

3111:7; 3227:8; 3229:7;

3285:3; 3286:19

litigation [3] - 3041:17;

3044:18; 3046:5

littoral [1] - 3305:1

live [2] - 3029:25; 3031:20

lived [2] - 3022:8; 3029:17

lives [1] - 3029:18

living [3] - 3003:7; 3009:3;

3026:11

Liz [1] - 3247:17

load [1] - 3271:12

loading [1] - 3191:4

Local [37] - 2988:23; 2992:6,

13, 22; 2993:6; 2994:15;

2997:21; 2998:9, 14, 20,

22, 25; 2999:16, 22;

3001:6; 3006:21; 3007:11;

3012:10, 18, 24; 3024:4;

3028:10; 3029:19;

3045:20-22; 3056:16;



25

3057:2; 3058:1; 3065:24;

3078:10; 3080:13; 3126:4,

8

local [19] - 2997:1; 3051:12,

15; 3053:6, 10; 3058:14;

3071:18; 3077:20; 3078:5;

3081:4; 3082:5, 18;

3083:5, 10; 3085:6, 12, 22;

3147:18

locally [1] - 3080:6

Locals [6] - 3056:19; 3064:7;

3067:23; 3068:20;

3078:19; 3084:14

located [5] - 3012:25;

3110:5; 3144:18; 3186:14;

3274:10

locating [1] - 3057:11

location [4] - 3135:24;

3138:4; 3282:9; 3297:7

Loche [1] - 3077:9

logical [1] - 3117:16

logo [1] - 3170:18

Logs [6] - 3056:4; 3067:10;

3069:23; 3070:17; 3071:7,

20

logs [1] - 3066:4

long-range [1] - 3185:11

long-term [7] - 3124:21;

3125:6; 3133:1, 9;

3134:20; 3135:7; 3266:13

longevity [1] - 3230:1

look [44] - 2995:18; 3000:12;

3009:11; 3029:8; 3037:11;

3038:17, 22; 3045:18;

3051:8; 3053:22; 3054:4,

7; 3062:24; 3116:14, 24;

3127:5; 3135:10; 3136:2;

3138:7; 3142:8; 3151:7;

3157:4; 3165:14; 3188:4;

3190:10; 3194:20;

3208:13; 3216:12, 18;

3224:11; 3230:25;

3231:17; 3235:19;

3243:16; 3253:17; 3268:5,

15; 3294:19; 3296:24;

3302:8; 3306:16; 3318:9

looked [17] - 3002:12;

3030:11; 3069:25;

3141:15; 3143:1; 3187:1;

3189:1; 3193:14; 3195:22;

3204:7; 3210:19; 3224:14;

3229:8; 3243:24; 3244:10;

3312:19

looking [32] - 3049:22;

3051:9; 3059:23; 3060:2;

3061:7; 3064:23; 3070:21;

3123:9; 3135:23; 3161:4;

3163:23; 3168:13;

3170:24; 3189:4, 17;

3205:21; 3214:22;

3217:21; 3218:6; 3264:12;

3268:17; 3279:5; 3283:21;

3285:1; 3291:17; 3293:2,

21; 3295:19; 3297:18;

3313:5

looks [5] - 3182:24; 3190:13;

3204:18; 3294:14; 3306:25

loop [1] - 3131:10

lose [2] - 3209:6; 3269:24

losing [1] - 3199:19

loss [45] - 3108:14; 3109:21;

3111:10; 3112:9; 3119:12;

3120:1; 3122:19; 3124:10;

3126:25; 3127:1; 3133:2,

19; 3134:21; 3135:8, 15,

17-18; 3136:2, 20-21, 24;

3142:14; 3143:13; 3149:9;

3207:13, 21; 3208:1, 5, 9;

3209:1, 13; 3227:23;

3231:3; 3276:25; 3277:6;

3278:22; 3294:25;

3295:11; 3296:12;

3298:23; 3300:19; 3324:14

Loss [1] - 3230:6

losses [4] - 3079:21; 3135:4;

3208:6; 3285:18

lost [7] - 3150:20; 3233:12;

3280:21; 3281:12, 17;

3282:2; 3285:19

Loutitt [6] - 2988:2, 5, 15;

2989:24; 3072:13; 3086:15

LOUTITT [7] - 2980:6, 8, 11;

2988:13, 17; 2989:22

loved [2] - 3031:14

low [11] - 3106:25; 3109:8;

3117:11; 3118:8; 3128:12,

18; 3129:1; 3210:20;

3212:13; 3216:15; 3279:13

low-flow [2] - 3212:13;

3216:15

low-quality [1] - 3106:25

lower [7] - 3009:3; 3129:2, 6,

12; 3143:6; 3203:19

Lower [2] - 3223:5; 3283:25

LOWER [2] - 2983:22;

3238:2

lowland [2] - 3127:10, 20

LSA [9] - 2995:11; 2996:21;

2999:21; 3006:7; 3013:1;

3125:18; 3126:1, 9;

3136:21

Ltd [3] - 2978:2; 2979:7

Lucille [1] - 2977:8

lunch [4] - 3104:22; 3115:16;

3120:14; 3121:2

luncheon [1] - 3120:18

LUNCHEON [1] - 2982:4

M

m'mm [5] - 3058:5; 3060:9;

3063:23; 3190:15; 3248:15

m'mm-hmm [5] - 3058:5;

3060:9; 3063:23; 3190:15;

3248:15

MacDonald [4] - 2976:23;

3004:8

Macisland [1] - 3004:10

Madam [1] - 3192:8

magnitude [3] - 3125:16;

3126:8; 3143:10

Mahmood [1] - 2977:19

mail [2] - 3094:7; 3153:15

Mail [1] - 3290:8

Maillie's [1] - 3030:9

main [3] - 2994:24; 2995:4;

3271:19

maintain [11] - 3116:19;

3204:24; 3205:18;

3281:22; 3283:25;

3297:16, 25; 3298:10, 15;

3299:21

maintained [1] - 3233:4

maintaining [1] - 3125:8

major [8] - 3016:6; 3042:2;

3206:25; 3207:4; 3238:22;

3264:15; 3266:6; 3269:23

majority [6] - 3014:23;

3024:15; 3032:22; 3064:6;

3106:9, 24

Makowecki [8] - 3102:11, 14;

3174:9; 3218:11; 3222:16,

22; 3226:12; 3278:19

MAKOWECKI [16] - 2981:9;

3088:15; 3102:13;

3174:13; 3186:16;

3197:20; 3203:4; 3226:18;

3229:7; 3234:20; 3237:18;

3241:23; 3253:18; 3257:3;

3278:23; 3288:7

Malcolm [1] - 2978:15

Mallon [1] - 2978:21

man [1] - 3204:25

man-made [1] - 3204:25

manage [5] - 3205:14, 16;

3311:12; 3314:11; 3318:5

manageable [1] - 3230:14

Management [8] - 2997:19;

3115:24; 3210:18; 3211:4,

21, 24; 3220:11; 3237:21

management [33] - 3100:5;

3102:4, 7; 3116:7, 10;

3117:2; 3149:20; 3249:6,

12-13, 19; 3250:2, 4;

3251:13; 3254:23; 3288:4,

18; 3304:11, 18; 3305:4;

3311:7; 3314:14; 3315:20,

22; 3316:18, 20; 3317:2, 7,

12, 14, 20; 3325:11

manager [1] - 3033:12

Manager [7] - 2977:7;

3097:25; 3099:6, 20;

3102:15; 3103:10

managing [2] - 3115:3;

3313:6

mandate [6] - 3096:23;

3173:3, 9; 3196:19;

3280:10, 12

mandated [1] - 3173:16

mandatory [1] - 3308:9

Manitoba [9] - 3036:7, 21;

3039:7; 3040:10, 13, 18;

3041:4; 3049:16

manner [3] - 3130:2;

3241:18; 3257:22

manufacturers' [1] - 3271:7

map [16] - 3010:2; 3012:14,

21; 3022:1; 3025:1;

3031:9; 3056:11; 3057:12;

3059:24; 3060:2, 6, 22;

3061:25; 3062:5, 25;

3063:20

maps [5] - 3024:13; 3027:8;

3074:5; 3086:19

March [5] - 3043:7; 3180:6;

3182:20; 3199:8, 11

MAREK [2] - 2981:9; 3088:16

Marek [2] - 3102:19; 3233:25

marginalized [1] - 3081:24

Mark [6] - 2992:2; 3023:23;

3024:5; 3033:1, 4; 3086:16

mark [16] - 3077:16; 3091:25;

3092:22; 3093:13, 21;

3118:13, 25; 3152:18, 21;

3172:2; 3201:11; 3221:25;

3238:5; 3248:4; 3261:23;

3290:10

marked [6] - 3107:16;

3152:10, 21; 3162:11;

3179:5; 3237:20

marking [1] - 3118:24

Marlene [1] - 3058:21

married [1] - 3025:16

Martin [1] - 3028:15

Martineau [1] - 2977:19

mass [2] - 3185:8; 3277:13

Master's [1] - 2991:14

match [1] - 3276:5

matched [1] - 3276:1

material [26] - 2990:21;

2994:5, 17, 19-20; 2995:8;

2998:1; 3007:1; 3020:20;

3026:20; 3054:15; 3061:2,

5; 3064:15; 3067:3;

3074:5, 7, 9, 12; 3075:4;

3277:10, 15-16, 18

materially [1] - 3078:9



26

materials [3] - 3152:16;

3169:15; 3278:7

Matt [3] - 3219:2; 3221:3;

3222:1

MATTER [6] - 2976:1, 3, 5-6,

8

matter [16] - 2988:2;

3000:16; 3032:5; 3065:20;

3085:19; 3090:21, 24;

3091:3; 3092:12; 3094:4;

3118:20; 3122:24; 3187:9;

3221:6; 3263:14; 3271:25

MATTERS [4] - 2981:23;

2982:6; 3090:3; 3120:22

matters [5] - 3090:9, 18;

3092:24; 3194:15; 3290:15

maximum [4] - 3190:20, 24;

3227:11; 3229:17

McClelland [5] - 3298:10;

3299:8, 13; 3300:3, 11

McCormack [2] - 2999:6;

3025:25

McCormack's [1] - 3026:20

MCFN [1] - 2998:17

McKay [16] - 2978:11, 16;

2992:13; 2993:4; 3005:25;

3012:1; 3017:15, 18,

22-23; 3019:11; 3023:13;

3029:24; 3081:4

MCKAY [1] - 2976:2

McLelland [4] - 3057:22;

3058:4; 3063:21; 3064:4

McLennan [7] - 3004:25;

3005:5, 15; 3011:6;

3033:18; 3057:17; 3064:10

McMurray [22] - 2976:24;

2978:13; 2992:8; 2997:3,

6; 2998:8; 3007:5, 11;

3009:24; 3011:22;

3012:25; 3015:12;

3017:25; 3018:12;

3023:12; 3026:15;

3029:19; 3074:22;

3077:10; 3121:10; 3323:3

McMurray/Fort [1] - 2978:16

MCQUEEN [4] - 2984:9;

2985:20; 3256:16; 3262:4

McQueen [1] - 3253:8

mean [68] - 3000:8; 3004:21;

3011:23; 3022:5; 3026:2;

3033:11; 3051:14;

3054:13, 16; 3061:8;

3070:1, 5; 3072:16;

3074:23; 3079:5; 3083:3,

19, 21; 3084:13; 3113:11;

3114:15; 3116:11;

3127:17, 23; 3128:18;

3131:1; 3138:5; 3141:7;

3142:1; 3158:9; 3164:23;

3168:20; 3184:2, 12;

3185:10; 3197:12; 3209:1,

20; 3210:3; 3214:15;

3215:3, 25; 3227:20;

3232:1; 3242:6; 3246:25;

3250:3; 3255:14, 17;

3256:2; 3268:11; 3269:16;

3273:22, 24; 3277:7;

3281:9; 3285:14; 3286:24;

3292:3; 3298:25; 3306:3;

3310:2, 6; 3312:2; 3313:9;

3321:15

meaning [2] - 3258:3; 3277:9

meaningful [16] - 3015:24;

3017:8, 14; 3022:22;

3043:4; 3061:10; 3063:16;

3067:23; 3068:2; 3069:13,

17; 3071:17; 3073:3, 8;

3077:22; 3083:23

meaningfully [3] - 3068:16,

24; 3083:11

means [5] - 3179:13; 3184:3,

7, 11; 3215:1

meant [6] - 3133:23;

3187:16; 3227:22; 3245:5;

3253:12; 3313:18

meanwhile [1] - 3019:11

measure [4] - 3109:2;

3168:22; 3273:25; 3274:4

measured [1] - 3272:3

measurement [1] - 3108:24

measurements [2] -

3258:20; 3272:6

Measurements [1] - 3180:2

measures [49] - 3132:24;

3133:18; 3136:16; 3149:8;

3155:17; 3156:6; 3168:2;

3227:13, 16; 3229:10, 13,

20, 25; 3240:15; 3244:22;

3283:7, 9; 3284:15, 25;

3286:3; 3293:12, 22;

3294:20, 25; 3295:5, 10,

18; 3296:12, 17, 20-22;

3297:3, 8, 11, 15, 24;

3298:4, 8, 11, 14, 17;

3299:20, 23; 3300:2, 18;

3307:20; 3308:3; 3311:12

mechanism [3] - 3135:12;

3256:6; 3316:22

mechanisms [1] - 3317:11

media [7] - 2987:8, 17;

3090:25; 3091:9; 3250:19;

3253:22; 3290:11

medicines [2] - 3005:17;

3015:19

meds [1] - 3043:6

meet [12] - 3083:6; 3141:24;

3142:3; 3163:3, 7, 10, 18;

3164:6, 14; 3165:2, 12;

3196:25

meeting [27] - 3026:11;

3042:17, 22; 3043:8;

3056:22; 3057:3, 7;

3058:13, 24; 3059:1, 4, 8;

3064:18, 21-22; 3072:12,

14; 3073:13, 18; 3091:16;

3163:22, 24; 3164:2, 9;

3266:2

meetings [11] - 3041:6;

3042:16; 3043:6; 3056:18,

20; 3059:12, 15; 3066:11;

3070:13; 3071:1; 3085:10

MEG [1] - 2992:17

Meighan [1] - 2977:11

MEK [1] - 2993:19

Melissa [5] - 2979:1, 6, 9, 11;

3105:3

melt [7] - 3187:2, 5, 7, 21;

3188:5, 12, 14

MEMBER [2] - 2980:10;

2989:22

Member [2] - 2977:4

member [10] - 3029:19;

3033:2; 3038:1; 3045:21;

3052:1; 3064:7; 3097:7;

3233:21; 3290:1; 3314:7

Members [7] - 3096:12;

3100:24; 3139:1; 3150:21;

3179:10; 3200:8; 3245:2

members [27] - 2992:23;

2998:8, 20, 25; 3004:7;

3007:6, 24; 3012:24;

3016:19; 3022:15;

3023:21; 3031:18; 3037:1,

7; 3062:7, 22; 3064:10;

3085:16; 3096:5; 3101:13;

3105:11; 3174:20; 3196:5,

7; 3200:19; 3203:6; 3244:9

memoire [2] - 3118:18;

3290:10

Memorial [1] - 2991:15

memory [2] - 3001:19;

3218:12

mention [6] - 3027:6; 3098:4;

3119:17; 3141:5; 3142:20;

3155:11

mentioned [28] - 3005:13;

3006:15; 3014:3; 3030:9;

3032:25; 3037:19;

3044:18; 3046:4; 3050:25;

3058:6; 3076:13, 19;

3080:4; 3082:15, 19;

3092:15; 3112:14; 3115:4;

3119:23; 3144:12; 3147:8;

3283:18; 3291:21; 3309:4,

9; 3310:14; 3319:19

MERCURY [4] - 2985:6, 10;

3177:18; 3178:11

mercury [47] - 3176:4;

3177:11; 3178:17; 3183:2,

24; 3184:1, 3, 5, 16, 24;

3185:1, 5-6, 9, 15; 3186:2;

3198:2; 3200:25; 3202:7;

3227:3, 10, 19; 3228:5, 12,

14, 22-23; 3229:1, 4, 17;

3230:2, 14-15; 3231:16;

3232:23; 3233:17;

3235:13, 16; 3284:9, 16,

20, 24; 3285:2; 3286:9

merit [2] - 3207:3; 3254:16

merits [2] - 3097:4; 3172:21

met [4] - 3003:1; 3025:25;

3033:3; 3247:1

metals [12] - 3176:14, 18, 22,

24; 3182:24; 3183:6;

3184:13; 3185:20;

3187:21; 3271:21, 24

METALS [2] - 2983:17;

3201:14

Metals [1] - 3199:20

method [1] - 3268:24

methods [2] - 3158:14;

3265:10

methyl [4] - 3183:24; 3184:1;

3227:2; 3230:2

Metis [1] - 3012:24

metres [3] - 3207:25;

3210:23; 3212:15

metrics [1] - 3268:16

MFT [1] - 3277:21

mic [1] - 3166:8

Michael [3] - 2977:18;

3029:16

Michalko [3] - 3058:18, 20

Michif [2] - 3003:11; 3035:13

Michigan [1] - 3003:19

middle [5] - 3079:2; 3203:15;

3307:14, 16

might [56] - 2991:3; 2996:10;

3003:5; 3005:23; 3014:21;

3108:2; 3110:2; 3122:1;

3151:22; 3155:23; 3162:3;

3166:8; 3173:23; 3178:23;

3182:10; 3191:20; 3194:4;

3195:14; 3196:13; 3198:7,

13; 3200:21; 3202:21;

3210:21; 3217:3; 3221:16,

18; 3225:21; 3227:25;

3230:11; 3244:24; 3245:1;

3248:13; 3253:16;

3261:23; 3279:18; 3282:1;

3283:24; 3285:14; 3286:7,

20-21; 3291:9; 3297:3;

3299:1; 3302:19; 3305:18;

3308:8, 12, 19; 3309:22;

3313:19; 3320:20;

3321:22; 3322:16; 3323:14

migrated [1] - 3179:7

migrating [3] - 3304:5, 9;

3305:2

migration [2] - 3026:9;



27

3126:22

migratory [23] - 3097:13, 21;

3114:23; 3124:2, 16;

3128:14; 3133:3, 10;

3139:17, 21; 3140:1, 5, 11;

3141:19, 24; 3142:16;

3295:1; 3296:13; 3300:20;

3302:15, 20; 3303:10;

3324:2

Migratory [7] - 3141:20;

3306:12; 3307:9; 3308:5,

21; 3309:19; 3310:9

Mihiretu [1] - 2977:15

Mike [1] - 3032:14

Mikisew [4] - 2978:21;

2992:10; 2997:5; 3074:21

miles [5] - 3009:24; 3036:8;

3079:5

Millennium [1] - 3238:23

million [2] - 3039:19;

3082:21

mind [9] - 3024:23, 25;

3025:3, 22; 3239:17;

3297:17; 3298:6; 3318:13,

20

mine [23] - 3063:12; 3101:24;

3115:20; 3155:18;

3185:18, 20; 3198:8;

3219:10; 3264:20;

3270:22; 3271:2, 20;

3272:2, 6, 19, 23; 3273:6,

13, 20; 3274:8, 12; 3297:1;

3298:20

Mine [17] - 2989:11; 2998:12;

3060:17; 3062:3; 3063:11,

21; 3101:5; 3108:4;

3157:24; 3186:5; 3203:17;

3218:12; 3220:9; 3238:23;

3275:25

MINE [3] - 2976:1; 2983:8;

3119:4

mine-fleet [2] - 3273:13;

3274:8

mine-related [1] - 3264:20

mined [1] - 3150:20

mines [3] - 3156:2; 3207:5;

3211:1

mini [2] - 3043:6; 3276:23

mini-ponds [1] - 3276:23

minimization [5] - 3133:17;

3134:10, 13; 3149:13;

3151:3

minimize [11] - 2997:9;

3134:17; 3150:5, 10, 17,

19; 3151:13; 3155:5;

3168:5; 3230:1; 3307:21

minimizes [1] - 3304:8

minimum [2] - 3225:19;

3287:9

mining [4] - 3126:9, 11;

3187:12, 17

Minister [19] - 2978:23;

3034:23; 3042:12, 22;

3043:17; 3044:10;

3046:23; 3144:5, 10;

3243:18; 3246:25;

3247:12, 23; 3253:8;

3290:22

MINISTER [8] - 2984:9;

2985:20; 3256:16; 3262:4

ministerial [1] - 3042:16

Ministers [4] - 3042:14;

3158:4; 3161:14; 3321:6

MINISTRY [2] - 2985:20;

3256:17

Ministry [1] - 3253:9

minnow [1] - 3187:4

minnows [2] - 3187:4, 13

Minor [1] - 2991:12

minute [4] - 2988:6; 3104:16;

3245:15; 3262:11

minutes [11] - 3007:3;

3025:8; 3059:8; 3065:5;

3088:2, 6; 3122:16;

3192:25; 3262:9; 3301:19,

21

Miroslav [1] - 3101:15

MIROSLAV [2] - 2981:20;

3089:12

miscellaneous [1] - 3032:20

misdescribed [1] - 3238:8

misinterpretation [1] -

3258:6

misled [1] - 3157:17

mismatched [1] - 3070:2

mispronouncing [1] -

3234:1

misrepresentation [1] -

2998:23

missing [3] - 3209:21;

3219:14; 3222:7

mission [1] - 3003:6

misstated [1] - 3237:15

mistaken [1] - 3183:20

mistakes [1] - 2995:2

mistrust [1] - 3015:23

misunderstood [3] - 3291:5,

7; 3309:25

mitigate [14] - 3132:25;

3133:8, 19; 3136:17;

3149:21; 3169:2, 6, 17;

3219:20; 3280:21; 3299:2;

3300:18; 3303:3; 3304:1

mitigated [1] - 3013:3

mitigating [7] - 3123:25;

3134:7; 3149:9, 14, 23;

3150:14; 3169:13

mitigation [77] - 3069:14;

3113:4; 3126:2; 3133:7,

12, 14-15, 18; 3134:9;

3135:2, 13, 20; 3137:2;

3149:5, 8; 3150:3, 7;

3151:1, 10, 22; 3152:3;

3155:4, 17, 19, 24; 3156:1,

6, 10, 20; 3157:8, 14;

3168:13, 21, 25; 3169:20;

3173:22; 3174:5; 3227:13,

16; 3229:10, 13, 19, 25;

3240:14; 3279:18; 3280:3,

7; 3281:2, 24; 3282:23, 25;

3283:7, 9, 14; 3284:15;

3286:3, 20; 3293:10, 20;

3298:23; 3301:6, 13;

3303:7, 16; 3305:5, 10, 12,

20, 22; 3311:11; 3313:22;

3316:4

mitigations [5] - 3168:18;

3292:6, 17, 19; 3305:8

mixtures [1] - 3099:10

MNA's [1] - 3075:4

mobility [1] - 3029:22

mode [1] - 3035:20

model [14] - 3161:25;

3214:22; 3218:4; 3264:25;

3266:12; 3267:24; 3268:5,

17, 20; 3270:10; 3275:23;

3276:1, 5, 19

modelled [1] - 3318:16

modellers [1] - 3269:14

Modelling [1] - 3098:20

modelling [23] - 3098:22;

3099:3; 3177:4; 3214:2,

8-9, 14, 23-24; 3215:11,

22; 3217:8; 3218:4;

3264:9, 16; 3266:4;

3267:1, 18, 22; 3269:16,

23; 3270:2, 14

models [24] - 3213:22;

3214:19; 3217:8, 12;

3232:10; 3264:22; 3265:2,

11, 15, 17, 22-23, 25;

3266:6, 22; 3267:3, 10, 12;

3268:12, 22; 3269:7

moderate [3] - 3106:10, 25;

3109:8

modifications [1] - 3325:16

modified [1] - 3181:17

moment [15] - 2989:18;

3105:19; 3110:10;

3114:14; 3130:16;

3149:16; 3167:1; 3179:2;

3209:8; 3214:11; 3246:9;

3264:13; 3278:6; 3309:4;

3325:21

Monday [2] - 3121:20;

3263:18

money [5] - 3013:12;

3053:22; 3068:5, 11, 14

monies [2] - 3045:23;

3068:17

monitor [4] - 3234:4;

3298:22; 3304:10; 3305:12

monitoring [74] - 3149:19,

21, 25; 3151:4; 3156:5, 15;

3157:3, 6; 3174:17;

3175:2; 3180:17; 3202:9,

15, 17, 19; 3231:6;

3233:15; 3236:16; 3237:5;

3241:12; 3242:4, 8;

3243:14; 3244:25; 3245:3,

18, 23; 3246:14, 24;

3247:3; 3251:20; 3252:4,

6; 3257:17; 3258:3, 10;

3259:11, 14-15, 17, 19, 23,

25; 3260:4-6, 8, 16, 18-19,

24-25; 3261:1; 3273:19,

22-24; 3274:3, 9; 3275:19,

22; 3286:11; 3297:20;

3304:17; 3305:16, 19;

3310:15, 22; 3311:7, 10;

3314:12; 3319:5; 3324:25

MONITORING [8] - 2984:6;

2986:4; 3248:10; 3261:6

Monitoring [7] - 3097:17;

3098:14; 3099:17, 24;

3174:24; 3247:21; 3314:5

monitors [2] - 3274:7, 10

month [2] - 3053:25; 3199:11

months [2] - 2993:22;

3047:12

moose [1] - 3106:8

MORE [4] - 2985:5, 13;

3177:17; 3192:13

Morianos [1] - 2979:3

morning [16] - 2987:4;

3065:1, 7; 3067:16;

3089:23; 3090:22;

3096:11; 3100:23;

3102:13; 3103:6; 3104:15;

3105:3; 3123:18; 3172:19;

3289:25; 3325:25

MORNING [1] - 2980:20

Morrison [7] - 3099:20, 22;

3177:7; 3184:4; 3202:12;

3260:1, 22

MORRISON [11] - 2981:14;

2985:4; 2986:3; 3089:1;

3176:23; 3177:15; 3184:7;

3186:8; 3202:14; 3260:3;

3261:4

mortality [11] - 3140:16, 23;

3141:5, 8, 12-14; 3306:22;

3307:2, 24

most [21] - 2992:21; 2997:20,

22; 3036:9; 3040:22;

3150:13, 16; 3190:18, 25;

3206:12; 3217:20; 3224:3;

3248:13; 3250:11;

3269:22; 3270:14;

3276:12; 3324:2, 6, 22



28

mostly [3] - 3183:6; 3185:7;

3271:24

mother [1] - 3030:17

move [19] - 2996:17; 3011:1;

3028:2; 3041:19; 3085:20;

3093:8; 3095:20; 3113:17;

3125:2; 3130:13; 3149:3;

3221:24; 3231:20; 3270:4,

7; 3277:18; 3278:7;

3291:12; 3318:1

moved [4] - 3011:22;

3053:19; 3121:19; 3234:22

movement [2] - 3041:24;

3078:13

moving [14] - 2994:5;

3006:8; 3026:6, 8, 10;

3076:24; 3098:18; 3116:3;

3148:25; 3161:13;

3227:24; 3277:11; 3301:15

MR [145] - 2980:8, 11, 16, 19,

23; 2981:4, 23; 2982:18;

2983:4; 2987:7, 13, 22;

2988:14, 17; 2989:17,

22-24; 2990:7; 2991:7;

3034:4; 3055:14, 18,

24-25; 3056:6; 3057:6, 10,

15; 3064:25; 3066:25;

3067:12; 3068:2; 3073:19;

3074:2, 11; 3075:21;

3080:11, 17; 3082:24;

3084:12; 3086:2, 6;

3087:24; 3088:1, 7;

3089:20; 3090:3; 3093:14,

17, 25; 3094:3; 3095:25;

3100:21, 23; 3102:13;

3103:6; 3104:5; 3105:14;

3107:23; 3110:1, 14;

3113:10; 3118:15;

3119:10; 3121:18; 3122:6,

9, 13, 22; 3124:6; 3130:9;

3131:1, 8, 23; 3132:21;

3133:25; 3140:4; 3142:25;

3146:18; 3149:11, 19;

3154:14; 3160:23;

3166:12; 3168:11;

3170:10; 3174:13;

3175:23; 3178:13, 17, 20;

3186:16; 3191:24; 3192:8;

3194:6; 3197:20; 3201:19;

3202:2; 3203:4; 3212:22;

3214:7, 17, 19, 21; 3215:7,

16; 3226:15, 18-19;

3228:23; 3229:7; 3234:3,

20; 3237:7, 18; 3241:23;

3244:8; 3253:18; 3257:3;

3262:19, 23; 3264:12;

3270:13, 25; 3278:5, 23;

3287:14; 3288:7; 3290:6,

20; 3291:6, 14; 3295:9;

3301:20; 3302:3; 3304:3;

3306:6; 3324:6; 3325:20;

3326:3

MRM [1] - 3276:2

MS [140] - 2982:3, 8, 10, 13;

2985:4; 2988:1, 15;

2989:13; 2990:9, 18;

3020:5; 3057:4, 8;

3065:11; 3086:13; 3087:4,

19; 3096:11; 3104:4, 9,

14-15, 19; 3105:2;

3107:15; 3108:7; 3109:16;

3110:6, 10; 3113:21;

3114:6; 3115:13, 18, 22;

3118:23; 3119:6; 3120:12;

3123:16; 3129:20;

3130:24; 3131:3, 13;

3132:1; 3133:22; 3134:24;

3137:3; 3139:23; 3141:4;

3142:1; 3149:16; 3150:21;

3152:6, 13, 23; 3153:4,

9-10; 3157:21; 3162:10,

21; 3163:5; 3167:21;

3170:2; 3171:24; 3172:4,

10-11, 25; 3174:19;

3176:19, 23; 3177:15, 21;

3178:16, 19, 22; 3179:3, 6,

9, 12, 18; 3180:13; 3184:7;

3186:8, 21; 3192:1, 17, 23;

3193:1, 11, 18, 22;

3196:17; 3198:15; 3200:2;

3201:10, 22; 3202:3, 14;

3221:24; 3222:5, 8, 15;

3226:2, 12, 21; 3237:19;

3238:4, 18; 3244:21;

3246:8; 3247:22; 3248:4,

12, 17; 3253:5; 3255:24;

3258:13; 3259:20; 3260:3;

3261:11, 23; 3262:8, 14;

3263:13; 3264:4, 7;

3270:1; 3275:6; 3277:23;

3289:23; 3291:20; 3301:2;

3302:21; 3305:13; 3308:4;

3319:7; 3321:17; 3325:4

Mueller [1] - 2977:11

Muir [10] - 3179:20;

3188:20-22; 3318:20;

3319:9, 15; 3320:25;

3321:4

MUIR [1] - 3179:20

multi [4] - 3248:22; 3254:6,

8; 3255:3

multi-stakeholder [3] -

3248:22; 3254:8; 3255:3

multi-stakeholders [1] -

3254:6

multifaceted [2] - 3204:21;

3205:5

multiple [5] - 3022:3;

3024:17; 3118:11;

3239:25; 3311:8

multiplied [1] - 3108:25

Municipality [2] - 2979:2;

3137:22

Murphy [7] - 2978:7;

3262:21; 3278:2, 10;

3290:19; 3301:15; 3302:1

MURPHY [10] - 2982:18;

3262:23; 3278:5; 3290:20;

3291:14; 3301:20; 3302:3;

3325:20; 3326:3

Museum [1] - 2991:12

museum [1] - 2993:14

muskeg [1] - 3275:24

Muskeg [20] - 3016:3;

3198:25; 3203:16, 20;

3204:5; 3207:1, 5, 7, 18;

3208:7; 3214:13; 3242:13,

20; 3275:25; 3279:9, 22;

3280:4, 8; 3282:2; 3283:13

must [8] - 3051:20; 3070:25;

3081:6, 11; 3082:5;

3085:5; 3204:17; 3249:11

MÉTIS [11] - 2980:5, 9, 12,

17, 21; 2981:2; 2988:11;

2989:20; 2990:12;

3055:21; 3073:24

Métis [238] - 2978:12, 18;

2987:20; 2988:23; 2992:3,

5, 15, 22; 2993:3, 6, 18,

20, 23, 25; 2994:7, 13, 18,

22; 2995:11, 17, 20, 25;

2996:2, 4, 10-11; 2998:9,

14, 20, 25; 2999:15, 20;

3000:15, 18; 3001:13;

3002:17; 3003:10, 14;

3004:17, 20-21; 3005:2,

21, 23; 3006:6; 3007:11,

13-14, 22; 3008:1, 7;

3011:9; 3012:10, 18;

3013:19, 25; 3014:14, 20;

3015:10, 15; 3016:13, 16;

3017:4, 6, 9, 13, 23;

3018:1, 11, 16; 3019:1,

15-16; 3020:8; 3022:6, 8;

3023:16, 18, 20, 23;

3024:4, 9, 14, 21, 23;

3026:6; 3027:12, 24;

3028:10, 22-23; 3029:3, 5,

12, 15, 19; 3031:15;

3033:1, 4; 3034:2, 9-12,

16, 18; 3035:1, 5, 23-24;

3036:3, 18, 20-22, 24-25;

3037:3, 7, 9, 13, 16, 21;

3038:2, 4, 10, 16, 21, 23;

3039:2, 9, 19, 21; 3040:2,

6, 9, 11, 13, 17, 23;

3041:1, 4, 8, 12, 25;

3042:3, 7, 11, 15; 3043:3,

8-9, 15, 18, 23; 3044:1, 3,

5; 3045:2, 20; 3046:5, 10;

3047:1, 20-22, 24-25;

3048:19; 3049:5; 3050:7,

18, 23; 3051:1, 11, 13;

3053:17; 3054:24; 3056:5;

3059:18; 3060:16; 3061:4;

3062:12; 3063:3; 3064:6;

3065:24; 3067:23;

3068:20; 3069:2, 4-5, 15,

18; 3070:10, 14; 3071:18;

3073:4; 3074:22; 3076:2,

9; 3078:13, 18, 20;

3079:13, 15-16, 21;

3080:5, 20; 3081:4, 20, 24;

3082:3, 14, 23; 3083:2, 20;

3084:10, 23; 3085:15;

3086:16

Métis-specific [1] - 3031:15

N

name [12] - 3004:20; 3058:6;

3089:24; 3096:13;

3100:25; 3102:14; 3103:9;

3105:3; 3172:12; 3234:1;

3278:10; 3327:14

named [2] - 2978:20; 3219:2

NAMED [11] - 2980:5, 10, 12,

18, 22; 2981:3; 2988:12;

2989:21; 2990:13;

3055:22; 3073:25

namely [1] - 3273:12

names [1] - 3025:6

Namur [2] - 3063:5, 9

Nancy [3] - 2979:15; 3327:3,

19

naphthenic [11] - 3157:19;

3158:7, 14, 18; 3159:4, 6,

9; 3160:4, 9, 13; 3161:4

naptha [3] - 3276:10, 19

Narrows [2] - 3045:4, 20

NAs [1] - 3160:13

Nastev [2] - 3101:15, 17

NASTEV [2] - 2981:20;

3089:12

nation [4] - 3036:16; 3044:8;

3052:20

Nation [82] - 2978:7, 11, 14,

16, 18, 22; 2987:20;

2992:8, 10, 15; 2993:3, 5,

25; 2994:7, 18; 2997:4-6;

3007:13; 3017:16, 19, 23;

3018:1; 3019:1, 14;

3020:8; 3034:9; 3035:24;

3036:18, 20-22, 24;

3037:3, 7, 14, 16, 21;

3038:2, 4, 10, 16, 23;

3039:9, 19, 21; 3040:6;

3041:25; 3042:1, 3, 12;

3043:8; 3044:5; 3047:20,

22; 3049:5; 3050:7;



29

3051:1, 11, 14; 3053:17;

3059:19; 3060:16; 3061:4;

3064:6; 3068:21; 3069:4;

3074:22; 3080:5, 19-20;

3082:14; 3084:6; 3278:11;

3300:25; 3311:19; 3312:25

NATION [13] - 2980:5, 9, 12,

17, 21; 2981:2; 2982:18;

2988:11; 2989:20;

2990:12; 3055:21;

3073:24; 3278:5

nation-to-nation [1] - 3044:8

National [21] - 3034:2, 11-12,

18; 3035:23; 3036:25;

3037:4, 9; 3039:2; 3042:2;

3046:10; 3047:21; 3083:3;

3098:1, 20, 25; 3099:6, 14;

3175:21; 3186:22; 3199:15

national [10] - 3037:1, 19;

3042:20; 3043:5; 3047:2;

3051:25; 3053:19; 3054:6,

9; 3085:7

nationally [1] - 3037:21

Nations [15] - 2996:5;

3000:16; 3007:14;

3013:19; 3028:21; 3035:8;

3041:7; 3070:9, 13, 15;

3084:2; 3129:13; 3288:12,

17; 3300:24

Native [2] - 3034:14; 3046:22

NATURAL [2] - 2981:18;

3089:9

Natural [14] - 3021:3;

3084:19; 3090:5; 3100:22;

3101:2, 4; 3103:22;

3116:7, 11; 3117:3;

3143:1, 7, 11; 3290:22

natural [9] - 3104:24; 3160:6;

3216:16; 3235:4, 10, 12;

3236:3, 25; 3282:11

nature [7] - 3092:18; 3093:1;

3181:11; 3184:6; 3198:22;

3258:21; 3282:9

Navigable [1] - 3103:13

near [2] - 3186:3; 3190:22

nearby [1] - 3079:24

nearly [1] - 3086:4

nebulous [1] - 2996:13

necessarily [7] - 3079:23;

3258:25; 3294:4; 3303:12;

3314:20; 3317:7; 3322:18

necessary [8] - 2996:8;

3014:14; 3068:24;

3069:19; 3205:15;

3297:15, 25; 3311:12

need [51] - 2999:11; 3012:17;

3018:20; 3025:4; 3043:2;

3044:16; 3047:8; 3049:24;

3053:4, 13; 3054:23;

3072:2; 3081:12; 3083:5,

14, 16; 3087:17; 3093:7;

3111:14; 3114:14;

3117:13; 3119:8; 3121:14,

21; 3127:4; 3130:23;

3132:10; 3139:5; 3142:8;

3146:1; 3149:16; 3151:7;

3157:8; 3159:17; 3166:8;

3202:9; 3217:5, 7;

3225:21; 3232:5; 3245:7;

3262:12, 16; 3263:22;

3301:17; 3323:12, 14

needed [4] - 3035:2;

3241:12; 3242:8; 3246:16

needing [1] - 3015:20

Needs [1] - 3225:11

needs [14] - 2996:16; 3025:3;

3026:2; 3051:21; 3077:3;

3080:2, 4; 3114:11;

3138:6; 3179:13; 3218:18;

3255:10; 3304:21

NEEDS [2] - 2983:22; 3238:2

negative [5] - 3125:15;

3126:4, 7; 3211:11; 3212:2

negligible [2] - 3267:8, 15

negotiate [5] - 3039:4, 13;

3042:19; 3047:21

negotiated [1] - 3040:21

negotiating [1] - 3051:10

negotiation [1] - 3083:1

negotiations [3] - 3039:7;

3046:21; 3053:9

neighbour [1] - 3068:19

nesting [2] - 3304:5, 9

net [1] - 3227:23

Net [1] - 3230:6

network [1] - 3194:15

neurotoxin [1] - 3184:1

never [5] - 2989:7; 2990:4, 6;

3027:3; 3318:13

new [19] - 2987:9; 3066:6;

3067:7; 3195:14; 3225:9;

3230:9, 11; 3244:24;

3245:18; 3247:3; 3258:9;

3259:10; 3260:17;

3267:11; 3269:20; 3288:1;

3310:16

Newfoundland [1] - 2991:15

news [8] - 3278:15, 17;

3289:19, 24-25; 3290:11

newspaper [3] - 3092:15;

3290:7; 3291:11

next [31] - 3010:2; 3046:1;

3051:19; 3081:22;

3100:21; 3101:20;

3102:11; 3106:16; 3121:7;

3155:2; 3157:1, 16;

3165:23; 3166:23; 3167:6;

3193:6; 3207:14; 3214:5;

3227:6; 3232:25; 3238:5;

3241:7; 3243:16; 3246:6,

23; 3261:24; 3262:21;

3263:18; 3291:15; 3322:23

nice [2] - 3059:7; 3106:2

Nielsen [3] - 2979:15;

3327:3, 19

night [3] - 3024:3; 3033:23;

3170:14

NO [5] - 2976:4; 2980:2;

2983:2; 2985:2

nobody [3] - 3016:21;

3054:7; 3230:22

nocturnal [1] - 3154:25

non [7] - 3001:9; 3013:21;

3072:22; 3097:13;

3147:21; 3266:22

Non [1] - 2978:15

non-Aboriginal [1] - 3001:9

non-existent [1] - 3013:21

non-federal [1] - 3147:21

non-game [1] - 3097:13

non-reducible [1] - 3266:22

non-specific [1] - 3072:22

Non-Status [1] - 2978:15

non-technical [1] - 3072:22

none [3] - 3047:12; 3175:10;

3283:16

normal [2] - 3211:18; 3269:3

normally [1] - 3301:18

north [14] - 2991:23;

3009:24; 3010:21; 3011:1;

3028:1; 3076:24; 3126:18;

3146:17; 3147:5, 9, 20, 25;

3243:9

NORTH [2] - 2983:8; 3119:4

North [1] - 3157:23

north-eastern [10] - 2991:23;

3076:24; 3126:18;

3146:17; 3147:5, 9, 20, 25;

3243:9

northeast [1] - 3045:8

Northeastern [2] - 2993:24;

2994:22

Northern [9] - 2987:11;

3008:13, 19; 3028:5;

3096:16; 3102:16;

3103:11, 15; 3194:11

northern [5] - 3005:4;

3040:4; 3048:16; 3241:14;

3242:10

Northwest [4] - 3029:2;

3035:17; 3076:4; 3096:18

northwest [4] - 3045:3, 7;

3076:14, 17

NOT [6] - 2986:5-7; 3261:7,

9; 3289:13

note [11] - 3017:17; 3026:18;

3035:5; 3067:12; 3106:1;

3138:10; 3140:13;

3155:10; 3165:22;

3237:20; 3325:24

noted [2] - 3152:4; 3317:8

notes [1] - 3056:23

nothing [3] - 3016:20;

3076:22; 3269:10

notice [3] - 3085:5; 3183:23;

3187:19

noticeably [1] - 3250:11

noticed [2] - 3174:14; 3190:5

Notices [1] - 3095:6

novel [1] - 3125:2

NOVEMBER [3] - 2976:16;

2980:3; 2982:20

November [5] - 2987:1;

3091:18; 3224:4; 3326:9;

3327:14

NOx [2] - 3274:15, 20

NPRI [11] - 2985:5, 9;

3175:25; 3176:11, 15, 25;

3177:4, 9, 16; 3178:1, 9

NRCAN [2] - 2981:18; 3089:9

NRCan [4] - 3101:4, 12;

3102:10; 3289:18

NRCan's [7] - 3101:7, 10, 12,

18; 3102:2; 3275:2, 5

NUMBER [2] - 2985:17;

3226:10

number [82] - 2991:21;

2998:4; 3014:19; 3015:15;

3019:6; 3028:4, 8, 22;

3029:12; 3031:10; 3042:5;

3056:18; 3057:8, 11;

3059:25; 3060:21;

3064:19, 24; 3068:15;

3074:5; 3076:12; 3083:25;

3087:20; 3092:2, 14;

3097:9; 3109:15; 3111:16;

3124:15; 3125:18;

3126:20; 3135:22, 25;

3136:9; 3137:5, 7; 3139:9;

3140:4; 3142:11; 3143:1,

5; 3151:9; 3157:16;

3160:25; 3173:9; 3174:20;

3187:25; 3194:13; 3195:7;

3196:7; 3223:10, 16;

3225:5, 24; 3226:6, 14, 20;

3232:7; 3236:20; 3245:6,

11, 23; 3246:1; 3247:2;

3256:25; 3259:21;

3265:18; 3271:6; 3278:16;

3284:4; 3293:25; 3294:3;

3295:9; 3314:2, 10;

3316:4; 3317:10; 3318:24;

3319:2; 3320:25

numbered [1] - 2990:23

numbers [6] - 3060:6;

3168:16; 3170:8; 3176:24;

3219:8; 3269:8

numerous [1] - 3264:19

Nunavit [1] - 3096:18



30

O

O'Callaghan [1] - 2978:22

o'clock [1] - 3302:2

Oakley [1] - 3004:14

OATH [2] - 2980:7; 2988:13

oath [1] - 2988:16

Obijbwe [1] - 3035:10

object [3] - 3066:20;

3113:10; 3290:17

objection [1] - 3118:21

objective [6] - 3115:11;

3120:9; 3159:5; 3160:8;

3161:22; 3303:11

objectives [9] - 2996:21;

3037:23; 3158:6; 3159:9;

3160:13, 17; 3234:4;

3249:3, 15

obligation [2] - 3145:13, 24

obligations [3] - 3130:8;

3131:16; 3132:3

observed [3] - 3188:8;

3190:24; 3248:21

obtain [1] - 3179:6

obtained [3] - 3191:20;

3274:2; 3312:11

Obtained [1] - 3180:1

obviously [24] - 3084:9;

3110:15; 3122:25; 3138:3;

3139:5; 3151:3; 3153:15;

3164:24; 3174:21; 3195:2;

3200:10; 3245:5, 12;

3261:12; 3282:6; 3303:6;

3304:6; 3308:5; 3309:24;

3314:6; 3316:5; 3317:8,

24; 3321:18

occasion [1] - 3188:5

occasions [1] - 3195:8

occur [11] - 3111:18;

3124:17, 23; 3127:21;

3136:10; 3151:14; 3208:7;

3210:21; 3221:18;

3285:16; 3324:23

occurred [1] - 3149:15

occurrence [1] - 3272:11

occurring [4] - 3091:18;

3188:18; 3209:11; 3286:13

ocean [1] - 3232:16

ocean's [1] - 3232:17

Oceans [10] - 3090:6;

3102:12, 15-16, 21;

3197:16; 3203:1; 3238:21;

3241:16; 3253:25

OCEANS [2] - 2981:8;

3088:14

OCR [1] - 2979:16

October [21] - 3048:24;

3059:19; 3065:22; 3090:4;

3091:2; 3094:7; 3096:7;

3103:23; 3104:2; 3105:8;

3123:19; 3140:14;

3143:18; 3153:12; 3154:7;

3165:22; 3167:22;

3237:16; 3238:6; 3244:20

OCTOBER [2] - 2983:8;

3119:4

odours [2] - 3062:15

OF [83] - 2976:1, 3, 5-6, 8-9,

12; 2980:1, 5-6, 9, 12, 17,

21; 2981:1, 7, 24;

2982:1-3, 7-10, 12-13, 17;

2983:1, 3, 5, 8, 12, 20, 22;

2984:1, 4, 8; 2985:1, 9, 19,

21; 2986:1, 4; 2988:11, 13;

2989:20; 2990:12;

3055:21; 3073:24;

3087:24; 3088:11;

3093:23; 3095:24;

3104:13; 3119:3; 3123:15;

3153:7; 3172:9; 3178:8;

3222:12; 3238:1, 16;

3256:15, 17; 3261:5;

3262:2; 3278:4

off-site [2] - 3141:5, 7

offer [1] - 3173:10

offered [1] - 3012:5

offering [1] - 3298:23

offhand [1] - 3186:11

OFFICE [2] - 2983:20;

3222:12

office [4] - 3054:7, 10;

3099:7; 3323:3

Office [4] - 3218:25;

3224:13; 3238:11; 3239:3

officer [2] - 3322:20; 3323:12

Officer [3] - 3097:19; 3101:2;

3103:13

officers [3] - 3322:3, 12;

3323:2

offices [1] - 3100:11

Official [2] - 3327:3, 20

official [2] - 3219:5, 24

officials [4] - 3042:18, 24;

3043:9; 3100:24

offs [1] - 3272:9

offset [8] - 3134:1, 5;

3135:23; 3205:22; 3210:5;

3281:12; 3282:2; 3284:6

offsets [18] - 3134:6, 14, 19;

3135:18; 3136:25;

3137:13, 16, 20; 3139:12;

3149:5, 9, 25; 3150:1, 4, 6;

3151:16; 3203:18

often [10] - 3013:24; 3014:1;

3022:16; 3025:10;

3054:16; 3059:11;

3068:22; 3126:17;

3248:23; 3273:10

OIL [7] - 2976:8; 2984:4, 7;

2985:5; 3177:17; 3238:16;

3248:10

oil [43] - 3073:1; 3102:4;

3105:12, 18; 3154:24;

3160:5; 3165:20, 25;

3166:7, 14; 3169:8;

3175:20; 3177:9; 3180:16;

3187:11; 3194:4; 3198:8;

3202:6; 3203:23; 3206:22;

3219:4; 3224:25; 3236:11;

3237:13; 3241:20; 3243:2,

4, 15; 3249:7; 3251:24;

3252:16; 3257:19;

3260:20; 3296:4; 3297:1;

3311:13; 3313:6; 3315:15;

3316:1; 3317:15; 3324:3;

3325:2

Oil [21] - 2979:1; 3023:3;

3030:6; 3098:13; 3099:17;

3105:4; 3124:9; 3154:4;

3162:12; 3176:2; 3180:1;

3183:8; 3198:24; 3220:17;

3234:5; 3238:10, 22;

3243:17; 3247:16, 21;

3314:4

Oil's [1] - 3203:17

oils [1] - 3307:22

OILSANDS [4] - 2983:13;

2984:5; 3162:17; 3248:8

Oilsands [3] - 3097:16;

3099:24; 3174:24

old [8] - 3002:3; 3006:12;

3007:10; 3011:12;

3024:11; 3124:14; 3134:21

old-growth [2] - 3124:14;

3134:21

olive [1] - 3143:8

Oliver [1] - 3290:22

ON [1] - 2982:19

on-the-ground [5] - 3037:8;

3081:2; 3082:4; 3246:24;

3249:22

onboard [1] - 3274:7

once [9] - 3013:18; 3046:11;

3086:17; 3127:25;

3188:11; 3259:1; 3266:11;

3276:15

one [148] - 2988:1; 2993:23;

3001:4, 17; 3005:15;

3008:13; 3010:24; 3011:2;

3016:18; 3018:11; 3019:7,

12; 3021:17; 3022:2;

3024:19; 3027:1; 3028:8,

14-15; 3030:4, 14, 18, 24;

3031:10, 18, 24; 3034:7;

3043:7, 16; 3045:17;

3049:23; 3050:6; 3051:14,

16; 3053:14; 3060:12;

3062:20; 3069:3, 25;

3070:10; 3071:6; 3072:8;

3074:6; 3077:8; 3078:4,

11; 3079:1; 3080:10;

3085:16; 3087:19;

3090:21; 3091:25;

3094:17; 3107:4; 3111:18;

3112:18, 24; 3113:25;

3115:13; 3119:1; 3125:24;

3126:14, 25; 3127:1;

3135:13; 3137:9; 3138:4;

3140:15, 20; 3143:20;

3150:25; 3151:8; 3152:5,

21; 3157:19; 3174:14;

3182:14; 3187:24;

3191:11; 3201:21; 3207:9;

3210:14; 3219:17; 3221:7;

3222:19; 3224:8, 11;

3225:14, 17; 3232:3, 24;

3234:4; 3241:3; 3243:10,

16; 3244:12, 24; 3247:22;

3251:13; 3257:5; 3259:9,

20; 3261:12; 3264:2, 17;

3269:4; 3270:1; 3272:9;

3273:8; 3275:24; 3276:6,

23; 3278:10; 3281:24;

3282:6, 8, 21; 3283:4;

3284:11; 3286:4; 3290:21;

3291:22; 3301:12; 3304:3;

3309:12; 3310:14;

3312:23; 3314:16; 3316:7,

14; 3317:7; 3318:10;

3319:17, 24; 3320:6, 18,

21, 23; 3321:4; 3325:21

one's [1] - 3094:23

one-and-a-half [1] - 3070:10

one-half-time [1] - 3019:7

one-offs [1] - 3272:9

ones [3] - 3055:2; 3195:2;

3293:14

ongoing [5] - 3092:21;

3156:15; 3230:17; 3252:4

online [3] - 2993:10; 3091:11

Onovwiona [1] - 2977:15

onsite [1] - 3305:18

Ontario [12] - 3036:12, 20;

3039:8, 10, 20, 22; 3040:5;

3042:14; 3082:15, 20

open [3] - 3045:4; 3053:20;

3230:19

OPENING [2] - 2983:3;

3087:24

Opening [4] - 2990:25;

2991:1; 3019:24; 3057:16

opening [3] - 2991:5;

3087:21; 3121:8

opens [2] - 3070:23

operate [2] - 3038:8; 3240:1

operating [2] - 3212:16;

3321:21

operation [1] - 3322:24

operational [5] - 3133:20;



31

3137:24; 3138:1; 3246:8;

3301:3

Operational [2] - 3152:8, 13

OPERATIONAL [2] -

2983:11; 3153:6

operationalized [1] - 3246:6

Operations [2] - 3096:14;

3194:11

operations [2] - 3166:1;

3168:4

operator [3] - 3203:24;

3206:23; 3323:8

operators [6] - 3155:19;

3156:2; 3209:14; 3225:9;

3259:12; 3260:15

opine [1] - 3230:21

opinion [19] - 3047:6;

3071:21; 3075:14; 3076:7;

3092:11; 3118:20;

3119:25; 3125:25; 3133:7;

3149:7; 3173:5; 3174:12;

3206:21; 3216:24; 3217:7;

3274:16, 20; 3275:7;

3277:13

opinions [1] - 3056:25

opportunities [4] - 3013:20;

3151:9; 3257:8; 3280:5

opportunity [14] - 2990:10;

3007:18; 3043:18; 3049:8;

3065:22; 3066:8, 22;

3100:17; 3281:5, 8, 15;

3282:1; 3310:16

opposed [2] - 3127:20;

3218:6

option [5] - 3151:18, 24;

3232:3

options [36] - 3135:13;

3136:3; 3151:1; 3152:5;

3155:4, 20, 24; 3156:1, 10,

20-21; 3168:13; 3169:1;

3173:22; 3231:1, 17, 21,

24; 3232:20, 22; 3282:19,

23, 25; 3283:14, 20, 24;

3284:1; 3286:4; 3295:16;

3296:6; 3301:12; 3303:7;

3316:4

OR [10] - 2985:13, 16;

2986:7-9; 3192:13; 3226:9;

3289:13, 15

oral [2] - 2995:1; 3030:8

order [14] - 2978:5; 3068:16;

3104:25; 3118:19;

3137:20; 3152:19;

3196:25; 3205:8; 3245:8;

3249:12, 14; 3273:21;

3303:20; 3316:23

ordinary [1] - 3268:24

ordination [2] - 3096:21;

3194:12

organic [1] - 3189:20

Organic [1] - 3102:8

organization [8] - 3034:5, 7,

13; 3036:1; 3050:10, 14,

16; 3076:8

organizations [2] - 3034:17;

3075:3

organizations.. [1] - 3250:20

organized [1] - 3036:17

orientate [1] - 3110:16

orientation [1] - 3072:17

original [6] - 3009:11, 14;

3030:12; 3036:7; 3110:23;

3153:20

originally [4] - 3003:15;

3025:15; 3029:17; 3057:14

origins [1] - 3023:9

OSEC [9] - 2982:3, 8, 10, 13;

3104:14; 3123:16;

3153:25; 3158:9; 3172:10

OSEC's [1] - 3155:8

Osume [1] - 2979:11

Osuoka [1] - 2979:11

Ottawa [3] - 3033:24; 3098:1;

3099:7

ought [1] - 3291:12

ourselves [4] - 3034:8;

3035:4; 3044:6; 3046:11

outcome [2] - 3269:15;

3316:24

outlets [2] - 2987:8, 17

outline [2] - 3174:1, 7

outlined [7] - 3060:8;

3064:11; 3114:7, 16;

3124:7; 3137:5; 3148:23

outlines [2] - 3151:1, 9

Outlook [1] - 3289:21

output [2] - 3251:6; 3269:4

outset [1] - 3090:22

outside [11] - 3036:13;

3043:23; 3175:3, 7;

3230:24; 3231:21; 3253:1;

3290:4; 3302:23; 3313:12;

3323:16

outstanding [2] - 3048:18;

3195:25

overall [10] - 3096:20;

3098:14; 3164:12;

3194:12; 3210:7, 9, 24;

3265:14; 3292:6, 15

overestimated [2] - 3274:16,

19

oversight [1] - 3254:22

OVERVIEW [2] - 2983:6;

3107:21

overwhelming [1] - 3212:7

owed [4] - 3075:19, 22, 24

own [21] - 3001:23; 3010:10;

3018:7, 22; 3022:13;

3035:2, 10; 3037:14, 17;

3073:1; 3075:15; 3084:14;

3085:1; 3095:14; 3142:20;

3198:17; 3258:23; 3299:5;

3312:15, 21

owned [2] - 3001:8; 3002:14

owner [3] - 3001:13; 3002:2,

4

ownership [3] - 3000:25;

3052:21

owns [1] - 3000:21

P

P.M [5] - 2982:5, 15-16, 19

p.m [10] - 3120:16, 19-20;

3121:1, 3; 3263:4, 7-8, 11;

3326:7

Pacific [1] - 3232:15

package [3] - 3093:13;

3098:6; 3151:8

PAGE [3] - 2980:2; 2983:2;

2985:2

page [107] - 2996:22; 2998:5;

3001:8, 10, 12; 3006:9;

3009:21; 3023:8, 11, 15;

3033:13; 3059:24; 3060:1;

3063:19; 3071:5, 25;

3072:1, 4, 6; 3091:10;

3105:24; 3106:16; 3107:5;

3110:9; 3117:18; 3127:3;

3132:19; 3138:11; 3142:8;

3143:17; 3144:16;

3145:18; 3154:12;

3157:17; 3159:15;

3167:23; 3170:7, 20;

3173:25; 3203:7; 3207:11,

14-16; 3208:13; 3211:3, 6;

3212:19; 3213:18;

3219:7-13; 3221:2, 5;

3226:21, 23; 3234:18;

3236:4; 3237:22; 3239:9,

16; 3244:1; 3248:14;

3251:16; 3253:17;

3254:11; 3257:13; 3264:9,

14; 3270:20; 3272:18;

3275:2, 4-5; 3279:5;

3291:19, 22; 3292:9;

3293:9; 3306:14; 3307:15;

3311:1; 3323:19

PAGES [1] - 2976:18

pages [13] - 3008:18; 3023:6,

19; 3031:9; 3070:7, 10;

3071:22; 3086:15, 17;

3093:19; 3219:14; 3222:6;

3307:14

PAH [5] - 3189:24; 3190:5,

10

PAHs [5] - 3189:16, 23;

3190:2; 3191:6; 3200:25

paid [1] - 3074:24

paleo [1] - 3189:11

paleo-limnology [1] -

3189:11

pamphlet [2] - 3056:7;

3117:18

Panel [97] - 2977:3, 7;

2991:9; 2992:4; 2994:17;

3001:19; 3002:22;

3006:24; 3010:1; 3014:10,

13; 3017:21; 3020:20;

3034:5; 3038:21; 3049:18;

3050:1; 3069:5; 3073:17,

20; 3074:19; 3090:8, 10;

3091:2, 14; 3093:4, 8;

3094:14; 3095:7, 11, 18;

3096:12; 3097:3; 3100:14,

16, 24; 3101:6, 10;

3102:13; 3108:5; 3112:12;

3113:16, 19; 3122:14;

3126:6; 3139:1, 6, 8;

3150:21; 3151:20;

3153:22; 3154:19;

3157:25; 3173:1, 19;

3191:21; 3192:19; 3194:5;

3195:15; 3197:14;

3198:11, 21; 3200:8;

3201:5; 3203:6, 10;

3218:2; 3220:16, 20;

3224:14; 3225:23;

3243:17; 3244:14; 3245:2;

3247:16; 3252:11, 14, 22;

3263:23; 3267:23;

3278:25; 3290:21;

3291:25; 3292:25; 3293:1,

7; 3294:23; 3295:24;

3299:11; 3302:6, 12;

3308:19; 3318:11; 3326:3

panel [55] - 2987:21;

2990:19; 2992:22;

3007:21; 3015:10;

3016:24; 3033:2; 3055:15;

3066:13; 3074:4; 3086:10;

3087:12, 18; 3090:19;

3092:24; 3094:5; 3096:1;

3097:6; 3104:6; 3105:3,

11; 3115:20; 3121:14;

3122:7, 15; 3124:4;

3125:23; 3129:18;

3130:11; 3139:18;

3155:22; 3156:9; 3161:15;

3167:18; 3168:8; 3171:24;

3172:11; 3173:7; 3174:2,

15, 20; 3179:13; 3193:20;

3200:1, 5, 17; 3243:22;

3244:15; 3253:13;

3262:17; 3277:24; 3278:9;

3291:4; 3326:4

PANEL [28] - 2976:1; 2977:2,

14; 2980:6, 10, 13, 18, 23;

2981:4, 7; 2982:3, 8, 10,

13, 17; 2984:6; 2988:12;



32

2989:22; 2990:14;

3055:23; 3074:1; 3088:11;

3104:14; 3123:16;

3172:10; 3248:8; 3278:4

Panel's [3] - 3119:14, 23;

3220:24

PANELS [2] - 2981:25;

3095:24

PAPER [2] - 2985:13;

3192:12

paper [19] - 3059:22;

3081:17; 3093:20; 3167:7;

3179:24; 3180:4; 3183:14;

3191:11, 22; 3192:5;

3199:16, 20; 3200:2, 12;

3201:20, 23; 3202:4, 15;

3272:15

papers [4] - 3051:11;

3191:14; 3196:16; 3259:8

paraffinic [1] - 3276:13

paragraph [30] - 3107:5;

3110:9, 15, 17, 19; 3118:1;

3144:17; 3159:13, 23;

3207:15; 3208:16; 3211:5;

3226:24; 3227:6; 3236:5;

3237:5; 3239:18; 3241:7;

3242:25; 3248:18; 3250:5,

22; 3251:17; 3254:12;

3257:13; 3306:15, 21;

3317:13; 3323:20

parallel [1] - 3265:13

parameters [1] - 3269:3

parcel [1] - 3134:2

pardon [1] - 3123:13

Park [1] - 2976:23

Parker [1] - 3030:3

Parks [2] - 3144:6, 11

Parot [1] - 3186:20

Parrott [2] - 3186:20;

3187:15

parrott [1] - 3186:21

part [51] - 2994:5, 17;

3011:14; 3025:9; 3028:7,

18; 3034:13; 3040:21;

3041:6; 3047:22; 3048:1;

3073:14; 3075:21;

3076:25; 3077:7; 3079:18;

3094:17; 3109:8; 3113:6;

3127:16; 3130:7; 3131:15;

3132:2; 3134:7; 3152:1;

3154:2; 3156:22; 3161:13;

3180:4, 16; 3195:19;

3196:7; 3216:19; 3224:3;

3239:22; 3259:17, 19;

3280:2, 6, 24; 3282:24;

3285:20; 3291:23; 3301:7;

3305:18; 3310:21; 3315:2,

4; 3318:10; 3325:4

partially [1] - 3196:5

Participant [2] - 3154:6;

3162:14

PARTICIPANT [2] - 2983:14;

3162:19

participants [4] - 3223:19,

22; 3224:1; 3253:3

participate [3] - 3256:2, 7;

3257:1

participated [3] - 3239:1, 13;

3314:6

participation [3] - 2978:25;

3009:5; 3101:10

particle [1] - 3184:10

particular [40] - 2987:10;

2995:18; 3051:2; 3055:15;

3077:14; 3079:8; 3094:11;

3109:18; 3116:8; 3136:18;

3137:15; 3144:16; 3146:3;

3154:10; 3157:10;

3160:22; 3163:15;

3173:14; 3190:12; 3194:5;

3197:6; 3206:24; 3207:2;

3210:19; 3218:23;

3225:24; 3254:19; 3255:8,

15; 3257:5; 3265:22;

3281:3; 3283:7, 14;

3287:6; 3290:17; 3297:7;

3318:16; 3319:9; 3322:19

particularly [23] - 2996:21;

3009:16; 3022:19; 3026:7;

3027:12; 3033:17; 3035:9;

3039:11; 3046:6; 3098:15;

3125:1; 3126:17; 3128:1;

3134:19; 3135:6, 19;

3136:14, 20; 3137:1;

3180:14; 3194:8; 3217:10;

3233:24

particulate [9] - 3183:23;

3184:2, 15, 20; 3185:1, 14,

21; 3186:2; 3271:25

particulate-bound [2] -

3183:23; 3184:2

parties [5] - 3095:16;

3121:16; 3122:5; 3153:18;

3195:6

partly [1] - 3280:20

partner [2] - 2994:3; 3017:16

partnership [4] - 2992:16;

3017:18, 22; 3083:17

parts [3] - 2995:4; 3085:19;

3249:22

partway [1] - 3323:23

pass [12] - 2991:3; 3048:7;

3071:4; 3072:19; 3105:20;

3111:4; 3118:12; 3143:24;

3144:11; 3152:7; 3154:8

passionate [1] - 2989:3

past [6] - 2994:6; 3052:12;

3108:10; 3153:22;

3158:21; 3246:21

paste [1] - 3170:19

pathways [2] - 3264:20;

3277:17

Patricia [3] - 3025:25;

3026:19; 3098:9

PATRICIA [2] - 2981:13;

3088:24

pattern [1] - 3185:12

patterns [2] - 2998:16;

3062:15

Paul [2] - 2977:14; 2978:17

pause [1] - 3234:20

pay [1] - 3146:2

PDF [23] - 2996:22; 2998:6;

3023:8; 3070:22; 3071:5;

3093:19; 3203:7; 3207:12,

16; 3208:15; 3211:5;

3212:19; 3226:23;

3234:19; 3264:9; 3270:21;

3275:4; 3279:5; 3291:18;

3306:15; 3307:14; 3311:2;

3323:20

Peace [2] - 3199:22; 3288:6

PEACE [2] - 2983:18;

3201:17

Peace-Athabasca [2] -

3199:22; 3288:6

PEACE-ATHABASCA [2] -

2983:18; 3201:17

peatland [3] - 3124:10;

3128:2

peatland-dependent [1] -

3124:10

peatlands [12] - 3124:8;

3127:7; 3134:23; 3135:16;

3136:2, 20, 22, 24; 3149:9;

3150:20; 3151:15

peer [5] - 2993:14, 23;

3092:9; 3201:7; 3251:7

peer-reviewed [4] - 2993:14,

23; 3201:7; 3251:7

people [74] - 2993:9;

2999:15, 20; 3000:19;

3002:18; 3003:13; 3005:2,

24; 3006:6; 3007:14;

3009:19; 3013:11, 15;

3014:14, 20, 23; 3015:11,

15; 3016:16; 3017:6, 13;

3018:16; 3019:6, 14;

3022:8; 3023:18, 20;

3024:9, 17; 3025:6;

3026:6, 10; 3027:24;

3028:21; 3035:2, 6;

3036:16; 3037:6; 3040:23;

3043:21; 3045:8, 18;

3046:5, 13, 16; 3049:13;

3050:23; 3052:15, 18;

3054:12; 3069:6, 18;

3077:2, 5; 3078:1, 25;

3083:20; 3086:4; 3097:9;

3123:3; 3195:1, 8; 3196:2;

3200:20; 3224:22;

3227:25; 3228:4; 3244:2,

14; 3302:4; 3316:24

people's [2] - 3021:23;

3064:12

Peoples [1] - 3034:15

peoples [6] - 3034:24;

3035:4; 3046:25; 3048:10;

3081:3; 3312:15

peoples' [1] - 3035:20

per [5] - 3048:8; 3052:21;

3153:20; 3156:7; 3274:4

PERCENT [2] - 2985:6;

3177:18

percent [23] - 3048:25;

3070:25; 3071:2; 3106:7,

22; 3107:10; 3108:14;

3109:21; 3112:9; 3116:7,

9; 3117:3; 3143:10;

3163:2; 3176:6; 3177:10;

3187:13; 3218:1; 3268:15;

3276:25; 3277:5; 3298:19

percentage [1] - 3210:9

perch [1] - 3287:23

perfect [1] - 3265:10

perform [4] - 3020:16;

3061:5; 3064:16; 3071:12

performance [3] - 3292:15;

3316:5; 3317:10

performed [1] - 3194:23

perhaps [23] - 2987:19;

2989:17; 3024:1; 3041:18;

3050:2; 3055:4; 3056:11,

19; 3057:24; 3064:20, 25;

3071:4; 3072:2; 3074:25;

3079:19; 3096:9; 3125:23;

3161:25; 3177:7; 3194:6;

3312:5; 3318:22

period [16] - 3048:17;

3153:13; 3210:20;

3215:17, 20; 3216:5, 22;

3217:11; 3232:23;

3233:11; 3239:10;

3243:12; 3277:1; 3285:19;

3286:25; 3287:1

periods [3] - 3216:15;

3229:16

perish [2] - 3140:24; 3141:11

Perkins [4] - 2977:10;

3073:22; 3122:21; 3123:7

PERKINS [7] - 2980:23;

2981:4; 3074:2; 3086:6;

3093:25; 3122:22

permanent [3] - 3124:10;

3132:25; 3133:9

permanently [1] - 3149:10

permit [4] - 3028:3; 3156:7;

3157:3; 3259:17

permits [2] - 3256:25;

3259:16



33

permitted [2] - 3175:1;

3223:14

persistence [1] - 3324:16

person [13] - 3000:14, 21;

3013:20; 3018:11; 3045:2;

3052:22; 3076:8; 3085:16;

3094:19; 3175:19, 24;

3178:23

person's [1] - 3030:24

personal [1] - 3253:24

persons [1] - 3096:3

perspective [17] - 2997:15;

3062:12; 3111:14;

3145:24; 3204:14;

3230:12; 3249:2, 15;

3254:1; 3255:17; 3258:2;

3311:15; 3312:1, 4-5;

3313:7

perspectives [1] - 3311:17

Peru [2] - 3033:24; 3055:10

pests [1] - 3171:4

PETER [2] - 2980:14;

2990:15

PETITION [2] - 2983:20;

3222:13

petition [3] - 3219:1, 16;

3221:3

Petition [1] - 3222:1

PETROLEUM [4] - 2984:8;

2985:19; 3256:15; 3262:3

petroleum [1] - 3253:7

Ph.D [1] - 2991:16

Phase [15] - 3210:18;

3211:20, 22, 24; 3212:4,

14; 3220:11, 14, 23;

3221:4, 10, 21; 3222:19;

3225:14; 3237:21

phases [4] - 3125:3;

3128:22; 3319:5

phones [1] - 3019:9

phonetic [1] - 3190:23

phrase [1] - 3159:11

physical [2] - 3112:2;

3281:12

picked [1] - 3010:25

picture [1] - 3318:12

piece [5] - 3020:24; 3084:16;

3117:12; 3142:7; 3314:5

pieces [3] - 3113:25;

3246:12; 3309:21

Pierre [4] - 2977:20; 3004:15;

3062:3; 3063:12

pike [1] - 3287:17

pinpointed [1] - 3110:3

pioneering [1] - 3272:16

pipe [1] - 3274:1

pit [7] - 3016:5; 3101:24;

3215:10; 3278:21, 24

pitcher [1] - 3005:14

place [26] - 3002:7, 19;

3018:21; 3044:15; 3045:3;

3052:6; 3054:25; 3081:16;

3082:2; 3084:8, 24-25;

3087:18; 3165:19;

3202:17; 3205:4; 3212:15;

3218:19; 3219:18;

3220:10; 3223:18; 3224:7;

3244:23; 3249:12; 3286:3;

3327:8

placed [3] - 3138:20;

3225:21; 3266:13

places [5] - 3005:15;

3016:21; 3065:9; 3067:14;

3317:19

Plamondon [5] - 3003:18;

3010:20; 3019:19;

3067:18, 21

plan [28] - 3121:6; 3136:22;

3156:25; 3166:22;

3202:19; 3208:11;

3209:14; 3221:7; 3231:11;

3245:3, 13, 18, 23; 3246:1,

5, 9, 11, 16, 20; 3259:11,

19, 25; 3260:5, 18;

3263:10; 3326:1

Plan [4] - 3099:24; 3230:6;

3314:4, 18

planned [2] - 3016:4; 3240:2

Planned [1] - 3143:4

planning [5] - 2993:2;

3016:6; 3057:14; 3146:12;

3148:4

plans [6] - 2987:15; 3168:3;

3316:19; 3317:2, 7, 12

plant [7] - 3005:14, 16-17;

3032:21; 3073:2; 3136:12

plants [4] - 3015:6, 18;

3136:10

platform [2] - 3092:4

play [8] - 3147:4, 7; 3149:20;

3207:3; 3306:4; 3313:17;

3314:3, 10

played [2] - 3038:11; 3073:1

playing [1] - 3069:12

pleasure [1] - 3097:5

plug [2] - 3082:22; 3088:3

plus [1] - 3049:5

pocket [1] - 3084:21

poignant [1] - 3018:25

point [49] - 2996:23;

3000:10, 22; 3006:8, 12;

3017:1, 11; 3018:6;

3036:10; 3039:13;

3050:22; 3071:10;

3080:10; 3089:25; 3100:9;

3111:10; 3113:17, 21;

3116:4, 25; 3137:23;

3138:23; 3139:2, 13;

3144:14; 3151:17; 3188:3;

3198:20; 3224:18; 3225:7;

3245:1; 3247:10, 22, 25;

3259:1, 20; 3287:22;

3292:23-25; 3299:20;

3304:3; 3305:16; 3320:1;

3322:14, 22; 3323:10

point's [1] - 3017:17

pointed [1] - 3269:17

pointing [1] - 3245:7

points [4] - 3021:17;

3144:15; 3202:9; 3275:17

POLICIES [2] - 2983:10;

3152:25

policies [6] - 3039:4; 3052:8;

3053:7; 3081:13; 3163:3

policy [23] - 3037:6, 22;

3038:11; 3039:21; 3041:9;

3042:20, 25; 3051:25;

3052:9; 3053:6; 3080:4;

3081:16, 18; 3082:2;

3083:19; 3142:5; 3143:25;

3313:11; 3321:25; 3322:2

policy-level [1] - 3313:11

political [4] - 3018:17;

3035:14; 3044:4; 3049:7

pollutant [1] - 3185:10

pollutants [2] - 3183:6;

3185:25

pollution [2] - 3100:1, 5

Pollution [1] - 3175:21

Polycyclic [3] - 3187:20;

3199:21; 3271:21

POLYCYCLIC [2] - 2983:17;

3201:15

pond [14] - 3141:10;

3275:23, 25; 3276:2, 6, 16,

19, 22; 3277:2, 17, 19, 22

ponds [11] - 3016:4; 3102:9;

3140:1, 6, 17, 24; 3161:8;

3275:8, 20; 3276:23;

3307:22

poor [1] - 3010:23

populated [1] - 3040:22

population [15] - 3111:8;

3112:10; 3114:13; 3115:9;

3116:13, 20, 22; 3117:7;

3147:19; 3236:18; 3324:1,

10, 15

Population [2] - 3097:11;

3146:14

populations [5] - 3035:9;

3116:14; 3118:5; 3157:5;

3237:1

populations..." [1] - 3117:22

portion [3] - 3145:7;

3249:18, 20

portions [2] - 3032:4;

3147:11

position [19] - 3044:1;

3046:12; 3047:14;

3049:12; 3051:12;

3094:24; 3095:4, 19;

3196:21; 3210:12;

3219:25; 3254:25; 3255:2;

3256:2, 24; 3257:10;

3261:19

possibility [2] - 3264:2, 5

possible [19] - 2993:12;

2994:10; 3117:15; 3124:9;

3142:14; 3161:20; 3181:3;

3191:17; 3192:2; 3203:23;

3206:22; 3209:23;

3254:20; 3265:20;

3273:15, 17; 3274:22;

3297:3

possibly [8] - 3079:9;

3124:14; 3159:21; 3267:3;

3274:14; 3281:4; 3287:18,

23

post [1] - 3308:19

post-Panel [1] - 3308:19

postage [1] - 3036:9

posted [2] - 3146:25; 3239:3

potential [39] - 2995:16;

2996:4, 7; 2999:1;

3006:20; 3014:22;

3015:22; 3018:23;

3045:24; 3053:10;

3065:17; 3078:7; 3100:14;

3109:24; 3111:1; 3128:13,

19, 22; 3129:2; 3142:13;

3149:21; 3164:6, 13-14;

3168:16, 18; 3174:4;

3198:7; 3202:5; 3206:25;

3211:22; 3228:8; 3230:13;

3243:5; 3260:17; 3284:6;

3307:23; 3322:5

potentially [13] - 3005:10;

3013:3; 3069:9, 15-16;

3078:8; 3142:4; 3155:1;

3198:13; 3209:17;

3229:16; 3240:4; 3321:22

power [1] - 3016:17

PowerPoint [5] - 3169:22;

3170:8, 11, 14; 3172:3

powers [1] - 3037:18

Powley [3] - 3039:12;

3040:16; 3049:15

practical [1] - 3145:23

practices [1] - 3009:6

practising [2] - 3045:12;

3075:12

prairie [2] - 3034:16; 3096:17

Prairie [6] - 2979:4; 3043:7;

3096:15; 3103:11, 14;

3194:11

pre [1] - 3129:7

Pre [1] - 3143:3

pre-1960 [1] - 3190:14

pre-development [1] -

3129:7



34

Pre-Industrial [1] - 3143:3

preamble [3] - 3132:9, 12;

3154:17

precautionary [5] - 3112:16;

3119:8; 3223:24; 3226:13,

20

precipitation [2] - 3213:21;

3217:10

preclude [1] - 3294:4

precluded [1] - 3231:12

predict [1] - 3240:12

predicted [6] - 3106:7, 22;

3107:11; 3213:15; 3214:1;

3273:6

predicting [1] - 3270:11

prediction [3] - 3271:1;

3273:21; 3274:14

predictions [6] - 3205:10;

3215:2; 3234:14, 16;

3266:13; 3275:13

predicts [1] - 3125:14

predominant [1] - 3184:17

prefer [1] - 3136:16

preference [6] - 3051:23;

3133:15; 3134:9, 12;

3136:2; 3149:13

preferences [1] - 3231:19

prejudice [1] - 3095:16

preliminaries [1] - 3113:18

Preliminary [1] - 3021:4

preliminary [15] - 3090:18;

3092:18; 3094:3, 17, 23;

3123:1; 3181:11, 25;

3182:10, 23; 3191:16;

3197:7; 3199:12; 3322:17,

22

premature [8] - 3138:24;

3139:3, 11, 13; 3166:2, 19;

3197:13; 3292:23

Premier [3] - 3040:12;

3041:7

Prentice [2] - 3247:13, 25

preparation [3] - 2992:10;

3013:5; 3014:18

prepare [2] - 3104:17; 3122:5

prepared [13] - 2990:25;

3096:7, 25; 3102:17;

3103:2, 17, 23; 3104:2, 5;

3105:12; 3122:7; 3256:6;

3262:17

preparing [5] - 3020:22;

3032:4; 3089:24; 3194:1

prerequisites [1] - 3250:1

presence [1] - 3074:7

present [12] - 2991:4;

3090:13; 3092:19;

3094:13; 3171:4; 3173:1;

3191:7; 3232:9; 3270:3;

3284:9; 3304:15, 22

PRESENTATION [2] -

2980:16; 2991:7

presentation [10] - 2994:6,

11, 16, 23; 2995:1, 3;

3074:6; 3092:17; 3181:12;

3182:23

presentations [5] - 2993:17;

3091:21; 3092:3, 8, 18

presented [17] - 2992:3;

2995:8; 3002:21; 3091:13;

3096:6; 3163:19; 3168:12;

3169:14; 3180:20;

3181:10; 3183:1; 3191:15;

3193:25; 3196:14; 3197:5

presenting [5] - 3067:7, 9;

3095:9; 3151:20; 3290:14

presently [1] - 3207:9

preserving [2] - 3117:6;

3126:10

President [1] - 3040:14

president [10] - 2988:23;

2990:3; 3007:11; 3028:9;

3034:2; 3035:25; 3037:2;

3039:2; 3053:17; 3081:19

presidents [1] - 3036:25

PRESS [2] - 2983:17;

3201:14

presumably [5] - 3058:13;

3063:24; 3309:1; 3310:4;

3325:16

presume [2] - 3057:23;

3182:11

presuming [1] - 3073:2

pretty [4] - 3056:7; 3065:20;

3092:16; 3243:13

prevent [2] - 3139:25;

3140:10

previous [4] - 3001:13;

3002:2; 3154:1; 3187:24

previously [1] - 3129:4

Price [1] - 3219:2

Price's [2] - 3221:3; 3222:1

primarily [11] - 2990:22;

2994:16; 3019:2, 8;

3026:3; 3028:21; 3036:12;

3077:7; 3147:18; 3189:3,

16

primary [6] - 3024:11;

3185:19; 3196:6, 9;

3203:1; 3206:4

Prime [1] - 3034:23

prime [3] - 3025:17; 3040:4;

3051:9

Primrose [1] - 3079:11

principles [5] - 3042:21;

3052:5; 3082:8, 10;

3114:16

priorities [1] - 3197:22

priority [2] - 3183:5; 3313:1

privy [2] - 3166:18; 3290:3

probabilistic [1] - 3269:5

probability [1] - 3269:2

probablistic [1] - 3266:23

problem [2] - 3159:25;

3242:3

problematic [1] - 2999:8

problems [4] - 3053:14;

3269:17, 24; 3270:5

procedure [1] - 3093:12

proceed [9] - 3088:4;

3089:25; 3091:5; 3093:3,

10; 3130:22; 3164:5;

3194:21; 3292:13

PROCEEDING [1] - 2982:19

proceeding [3] - 2987:18;

3163:21; 3326:7

PROCEEDINGS [6] -

2976:15; 2980:1; 2981:1;

2982:1, 5

proceedings [9] - 2988:4;

3090:23; 3100:17;

3103:17; 3107:25;

3120:19; 3327:7, 10

Process [1] - 3042:15

process [48] - 2992:14;

3016:18; 3018:15;

3039:24; 3042:11;

3046:13; 3047:15, 24;

3049:7; 3066:1; 3077:23;

3082:16; 3101:10; 3102:5,

7; 3112:20; 3139:24;

3140:2, 10, 17; 3146:13;

3156:11, 16; 3157:11;

3160:6; 3161:17; 3185:22;

3194:7; 3195:21; 3197:20,

24; 3221:9, 11, 14;

3239:24; 3246:6; 3249:5,

16; 3267:4; 3293:2;

3307:22; 3308:12, 18;

3309:12; 3310:6, 8;

3312:9, 12

process-affected [2] -

3140:2; 3307:22

processes [3] - 3013:13;

3014:15; 3082:21

produce [7] - 3066:20;

3069:2; 3094:1, 25;

3170:15; 3192:2; 3287:6

PRODUCE [2] - 2985:14;

3192:15

produced [11] - 2996:20;

3012:21; 3051:11;

3062:17; 3095:2; 3167:9;

3170:11; 3180:3; 3247:19;

3252:1; 3259:4

PRODUCERS [4] - 2984:8;

2985:19; 3256:15; 3262:3

Producers [1] - 3253:7

producing [2] - 3094:5;

3251:5

production [2] - 3093:6;

3210:8

productive [4] - 2999:8;

3281:25; 3282:5, 13

productivity [17] - 3204:24;

3205:18; 3209:12; 3228:9;

3230:18; 3235:9; 3236:3;

3281:16-18, 22; 3283:25;

3285:19; 3286:12, 14;

3287:5

professional [3] - 3119:25;

3125:25; 3133:7

proffered [1] - 3133:8

Program [7] - 2994:3;

3023:4; 3097:17; 3098:14;

3099:18; 3103:14; 3174:25

PROGRAM [4] - 2986:4;

3261:6

program [31] - 3156:15;

3157:3; 3175:2, 9, 11;

3180:17; 3197:21; 3204:9,

14; 3244:25; 3245:4, 14;

3250:25; 3251:3, 14;

3257:5, 18; 3258:10;

3260:24; 3306:7; 3308:10,

25; 3310:22; 3311:10;

3319:5; 3324:25; 3325:6,

13

programs [5] - 3037:8;

3038:5; 3251:20; 3252:6;

3310:16

progress [2] - 3163:12, 17

prohibited [1] - 3228:1

prohibits [1] - 3321:11

PROJECT [3] - 2976:2;

2983:8; 3119:4

project [50] - 2989:6;

2995:14; 3005:8; 3011:3;

3012:19; 3014:23; 3019:2;

3023:2; 3024:6, 16;

3029:5; 3033:1, 4, 6, 12;

3059:12; 3062:3; 3063:13;

3068:18, 22; 3084:2;

3105:17; 3113:24;

3127:22; 3134:17;

3137:13; 3143:14;

3144:25; 3155:11;

3164:21; 3165:11;

3169:13; 3194:13, 18, 20;

3196:1, 10; 3204:19;

3210:17; 3240:10, 16-17;

3259:12; 3296:5; 3298:12;

3308:7; 3309:23; 3313:22;

3318:1

Project [118] - 2989:9;

2991:10; 2992:3; 2995:16;

2996:25; 2997:6, 9;

3004:4, 15; 3005:24;

3009:18; 3010:4; 3011:15;

3012:15, 20; 3013:7;

3014:7; 3015:16; 3016:2;



35

3027:13; 3028:12;

3029:22; 3030:6, 11;

3056:3; 3058:2; 3061:3,

16, 20; 3062:8, 17, 21;

3064:4, 8; 3069:8, 24;

3071:13; 3072:21; 3073:7;

3077:15; 3078:8; 3097:4;

3100:15; 3101:5; 3102:21;

3103:1; 3106:2, 20;

3107:8; 3108:4; 3109:3, 5;

3118:20; 3119:24; 3124:1;

3133:2, 9; 3137:15;

3138:19; 3139:20;

3141:23; 3149:10; 3151:2;

3162:6; 3164:4, 11, 23;

3165:2, 8; 3169:7, 18;

3172:21, 23; 3173:20;

3174:3; 3186:6; 3205:14,

23; 3206:7; 3207:19;

3210:25; 3212:11, 13, 16;

3213:16; 3215:10; 3218:5;

3220:17; 3225:1; 3231:3;

3233:13; 3238:24; 3242:5,

22; 3247:8; 3267:7, 14;

3271:2; 3280:2; 3282:15;

3283:21; 3291:2; 3292:6,

13, 16, 22, 24; 3294:10;

3296:3; 3298:9, 13;

3299:19, 22; 3300:4;

3301:10; 3305:19; 3318:16

Project's [1] - 3208:8

Project-specific [1] -

3029:22

project-specific [11] -

3005:8; 3011:3; 3012:19;

3019:2; 3059:12; 3068:18,

22; 3155:11; 3169:13;

3210:17; 3313:22

projected [1] - 3217:21

projections [1] - 3217:9

projects [17] - 2991:24;

3012:13; 3018:24; 3042:2;

3069:20; 3105:12;

3166:15; 3205:2; 3237:13;

3240:1, 11; 3241:20;

3243:2, 5; 3286:9; 3315:19

Projects [3] - 3098:1;

3238:11, 22

PROJECTS [2] - 2984:4;

3238:16

promoting [1] - 3045:16

pronged [1] - 3161:4

pronounced [1] - 3058:19

pronouncing [1] - 3105:21

propagate [1] - 3264:24

proper [4] - 3050:10, 23;

3076:8; 3317:9

properly [3] - 3086:18;

3217:24; 3234:23

proponent [5] - 3285:15;

3293:20; 3305:18;

3309:23; 3317:22

Proponent [6] - 2994:20;

3084:5; 3151:18, 23;

3168:1; 3318:15

proponent's [1] - 3317:12

proponents [3] - 3257:1;

3285:11; 3317:9

Proponents [1] - 3020:22

proportions [1] - 3009:4

proposal [7] - 3091:5;

3194:19; 3228:16;

3229:14; 3231:23; 3278:24

proposals [1] - 3222:19

propose [6] - 3091:25;

3092:22; 3093:3; 3284:10;

3290:9

PROPOSED [1] - 2976:2

proposed [29] - 2995:16;

3015:16; 3084:3; 3164:23;

3174:5; 3186:14; 3194:20;

3207:9; 3215:10; 3229:11;

3230:3; 3273:14; 3280:1;

3282:19; 3283:8, 10;

3284:2, 5; 3293:10, 20;

3298:12, 15, 17; 3299:20;

3300:6, 18; 3305:21

proposes [1] - 3228:25

proposing [2] - 3090:13;

3305:3

protect [13] - 3113:6; 3114:4,

10, 12; 3115:8; 3141:18,

24; 3147:25; 3148:17;

3206:5; 3239:24; 3297:9;

3298:4

protecting [1] - 3312:24

protection [3] - 3146:16, 21;

3147:8

Protection [4] - 3096:14;

3103:14; 3194:10; 3309:18

protections [2] - 3146:22;

3147:13

protective [1] - 3161:24

Protocol [1] - 3042:3

protocol [1] - 3044:12

proven [1] - 3323:15

PROVIDE [2] - 2986:8;

3289:14

provide [58] - 2994:10, 13;

2995:19, 22; 2997:8, 20;

3006:19, 23; 3010:10;

3017:6; 3031:3; 3045:22;

3057:5; 3059:10, 16;

3061:4; 3065:23; 3066:4,

19; 3067:25; 3068:6, 23;

3074:16, 18, 20; 3075:7;

3086:17; 3097:3; 3127:24;

3137:24; 3139:1; 3146:16,

21; 3149:22; 3153:18;

3160:18; 3172:21; 3173:5;

3174:3, 11; 3200:10;

3222:8; 3236:2; 3253:12;

3256:9; 3257:18; 3258:2;

3281:15; 3288:16; 3289:4,

7; 3291:24; 3293:10;

3296:5, 7, 25; 3299:18;

3322:1

provided [38] - 2994:8, 17,

19-20; 2996:12; 2999:19;

3002:12; 3005:9, 22;

3014:24; 3020:13;

3031:16; 3039:18;

3052:20; 3068:10, 12, 14,

17; 3069:18; 3071:12;

3072:19, 25; 3074:22;

3082:20; 3091:23;

3128:25; 3137:6; 3147:14;

3199:16; 3204:10;

3224:12, 15; 3228:17;

3235:15; 3259:6; 3288:20;

3290:7; 3298:7

provides [7] - 3048:4;

3060:6; 3084:17; 3100:13;

3138:2; 3277:17; 3288:2

providing [7] - 3064:15;

3066:6; 3100:16; 3148:10;

3156:19; 3219:6; 3292:24

Province [18] - 3037:15;

3038:19, 25; 3039:4;

3040:13; 3041:2, 8, 18;

3054:1; 3148:8, 13, 22;

3156:8, 19; 3288:23;

3289:9; 3299:12, 16

province [16] - 3036:7, 9, 13,

17-18; 3039:15, 18;

3040:22; 3041:21; 3044:3;

3051:1, 3; 3054:24;

3080:19

PROVINCE [2] - 2986:9;

3289:16

Provinces [2] - 3036:14;

3327:4

provinces [6] - 3036:2;

3039:6; 3044:19; 3085:11;

3096:18; 3288:3

Provincial [5] - 3002:11;

3030:23; 3039:25;

3043:10; 3081:14

provincial [22] - 3036:11, 17;

3044:2; 3047:2; 3051:21;

3053:6, 11; 3054:10;

3077:1; 3081:9; 3082:9,

18; 3083:4, 10; 3085:7, 13,

23; 3147:15, 20; 3148:7;

3156:7; 3158:2

provincially [2] - 3080:6;

3148:6

provision [3] - 3034:22;

3133:5; 3288:11

provisional [2] - 3035:15, 18

provisions [1] - 3309:17

proviso [1] - 3181:25

proximity [1] - 3183:25

prudent [1] - 3267:8

public [5] - 2991:20;

3009:15; 3230:19;

3251:10; 3257:18

PUBLICATION [2] - 2985:12;

3192:11

publication [6] - 3180:3, 6;

3191:12; 3192:3; 3197:1

publicly [5] - 2995:21;

3007:1; 3153:20; 3258:11;

3290:23

published [7] - 3183:15;

3196:22, 24; 3199:23;

3201:7; 3238:11; 3252:16

pull [6] - 2996:9; 3056:11;

3057:10; 3059:18;

3110:11; 3183:11

pulled [1] - 3023:6

pulling [2] - 2995:9; 3316:10

pumping [1] - 3277:21

purchase [1] - 3013:9

purchased [1] - 3001:11

Purdy [2] - 2979:2

pure [1] - 3161:4

purporting [1] - 3035:16

purports [1] - 3000:2

purpose [9] - 3048:13;

3092:9; 3113:3, 6;

3138:25; 3205:17;

3215:22; 3290:20

purposes [10] - 3040:25;

3112:24; 3113:11; 3114:8,

16, 19; 3152:11; 3225:8

pursue [2] - 3037:5, 22

pursuit [1] - 3037:20

pursuits [1] - 3281:6

pushed [1] - 3014:1

pushing [3] - 3044:17;

3270:13

put [24] - 3016:6; 3027:23;

3046:18; 3047:9; 3065:19;

3069:23; 3134:4; 3136:23;

3165:24; 3166:16; 3173:4;

3177:23; 3181:6; 3187:4;

3201:4; 3204:17; 3220:9;

3224:10; 3244:22;

3263:20; 3267:5; 3279:19;

3286:3; 3295:14

putting [3] - 3231:25;

3232:2; 3290:21

Q

Q.C [4] - 2978:2, 8, 21;

2979:2

quality [29] - 3060:14;



36

3061:20; 3098:15, 22-23;

3099:4, 11; 3100:2, 7;

3106:10, 25; 3109:1, 8-9;

3158:6; 3159:5, 9; 3160:8,

12, 24; 3177:3, 5; 3213:22;

3214:9, 24; 3251:24;

3252:7; 3312:19

Quality [2] - 3099:21;

3161:24

quantified [1] - 3209:13

quantify [2] - 3234:17;

3265:6

quantity [2] - 3101:19;

3190:11

quarter [1] - 3104:20

Quebec [3] - 3048:11, 14, 16

Quebec's [1] - 3049:2

Queen's [1] - 3076:16

questioned [3] - 3002:15;

3094:19; 3276:21

questioning [12] - 3049:25;

3064:14; 3066:16;

3104:10; 3110:2; 3113:17;

3115:14; 3130:19;

3162:22; 3207:13;

3263:16; 3283:23

questions [76] - 3001:14;

3018:2; 3055:7, 13, 15, 19;

3056:10; 3065:2; 3073:20;

3074:3; 3086:7, 11;

3090:12; 3092:23; 3094:6,

16; 3095:1, 9; 3097:1, 12,

21; 3098:2, 12, 22; 3099:2,

8, 16, 22; 3100:3, 7, 18;

3101:12; 3103:2, 19;

3104:6; 3105:6; 3107:15;

3108:3; 3115:19; 3119:22;

3121:17; 3129:16;

3143:15; 3154:10;

3171:25; 3172:13, 16;

3175:17, 20; 3179:4;

3195:19; 3202:25;

3214:10; 3218:23; 3230:8,

11; 3233:20; 3239:2;

3262:22, 25; 3263:24;

3264:3; 3270:22, 25;

3277:24; 3278:12, 14, 16,

19; 3279:2, 6; 3284:8, 10;

3289:18; 3291:15; 3302:7

QUESTIONS [2] - 2980:21;

3073:24

quick [6] - 3055:25; 3105:23;

3132:5, 11; 3146:10;

3247:22

quicker [1] - 3111:13

quickly [1] - 3146:9

quiescent [4] - 3276:2, 22,

24; 3277:7

quiet [2] - 3277:19, 22

quite [17] - 3004:1; 3022:12;

3024:7; 3029:21; 3040:7;

3041:4; 3054:21; 3058:10;

3077:11; 3082:24; 3085:2;

3115:15; 3117:15; 3174:7;

3197:8; 3295:24; 3302:5

quote [1] - 3027:24

quoted [1] - 3091:12

quoting [1] - 2997:13

R

R.S.A [2] - 2976:7

radius [1] - 3187:3

Rail [1] - 3154:24

rail [2] - 3155:6; 3157:5

raise [5] - 3066:18; 3094:16;

3108:9; 3151:24; 3263:23

raised [17] - 3002:6; 3003:2;

3004:4, 11; 3016:14;

3059:3; 3066:11; 3090:22,

24; 3094:22; 3105:8;

3212:18; 3252:7; 3279:12;

3281:2

raises [1] - 3045:23

raising [1] - 3279:20

RAMP [17] - 3233:21; 3234:4,

13, 22; 3237:6; 3244:5;

3250:12; 3251:14; 3254:2,

4, 17; 3255:1; 3256:1;

3257:2; 3261:21

ramp [1] - 3225:6

ramping [1] - 3217:17

Range [7] - 3079:12; 3116:8,

11; 3117:3; 3143:1, 7, 11

range [14] - 3079:17;

3116:20; 3123:9; 3126:21;

3160:7; 3170:6; 3185:11;

3205:5; 3213:14; 3221:14;

3224:22; 3230:16; 3269:5;

3276:11

ranges [4] - 3076:3; 3146:19;

3147:6, 19

Rangi [1] - 2978:13

rapid [1] - 3184:21

rapidly [2] - 3185:2; 3249:6

rare [1] - 3136:10

rate [6] - 3111:11, 13;

3140:23; 3141:12; 3210:8

rather [5] - 3067:16; 3113:18;

3217:21; 3260:11; 3265:15

rationale [1] - 3257:17

ratios [3] - 3233:5; 3285:10,

20

raw [2] - 3258:18

Ray [3] - 2979:2; 3029:16

RCR [3] - 2979:15; 3327:3,

19

re [7] - 3086:12; 3131:8;

3266:5; 3267:12; 3269:20;

3304:21

re-designed [1] - 3304:21

re-direct [2] - 3086:12

re-examination [1] - 3131:8

re-run [3] - 3266:5; 3267:12;

3269:20

reach [1] - 3276:16

reached [5] - 3109:20;

3122:11; 3277:5; 3288:4;

3304:14

reaches [3] - 3161:16;

3203:15, 19

reaching [2] - 3306:19;

3317:5

reaction [1] - 3186:1

reactions [3] - 3184:22, 25

reactive [4] - 3184:19;

3185:1; 3186:2

read [28] - 3022:24; 3026:24;

3031:24; 3044:21;

3054:18; 3060:12, 24;

3061:2; 3065:21; 3110:15;

3113:13; 3127:4; 3142:9;

3151:11; 3155:13;

3158:25; 3159:23;

3170:25; 3182:11;

3190:16; 3213:10; 3244:6;

3259:9; 3276:8; 3284:13;

3308:16; 3309:7

readily [1] - 3258:11

reading [10] - 3005:18;

3020:2; 3024:11; 3061:13;

3081:17; 3108:1; 3121:12;

3159:18; 3239:17

readjusted [1] - 3224:10

reads [2] - 3144:20; 3145:21

ready [2] - 3088:4; 3104:16

Real [1] - 3028:15

real [4] - 3017:1; 3241:5;

3318:3; 3322:25

realistically [1] - 3160:18

reality [7] - 2996:11; 3061:2;

3062:22; 3071:11;

3074:23; 3082:25

realize [4] - 3146:11;

3151:11, 13; 3167:5

really [47] - 2996:9, 15;

3010:7; 3021:10; 3022:5,

24; 3050:21; 3053:23;

3055:8; 3071:14; 3072:21;

3074:20; 3083:4; 3092:19;

3113:15, 19; 3140:23;

3142:8; 3150:6; 3166:19;

3168:15; 3170:9; 3172:15;

3187:14; 3194:17; 3200:9;

3210:14; 3221:15;

3234:17; 3246:16;

3262:10; 3269:19;

3287:20; 3290:13;

3292:10, 23; 3293:4, 6;

3295:14; 3313:3, 12,

14-15, 20; 3320:3; 3323:16

realm [2] - 3173:8; 3259:24

REALTIME [1] - 2979:14

Realtime [2] - 3327:4, 20

realtime [1] - 2979:15

rear [1] - 3098:18

reason [14] - 3011:20;

3017:17; 3046:4; 3181:1,

6; 3200:7; 3228:16;

3231:16; 3239:6; 3272:25;

3285:10, 20; 3304:19;

3325:5

reasonable [3] - 3093:12;

3181:24; 3215:22

reasons [3] - 3111:17;

3126:14; 3241:3

rebuttal [10] - 3059:10, 15;

3064:20; 3065:18, 23;

3066:5; 3067:7, 18;

3122:15; 3263:21

RECALLED [2] - 2980:6;

2988:13

receive [3] - 3093:4, 9;

3153:15

received [2] - 3046:22;

3154:3

receiving [3] - 3047:3;

3191:4; 3201:3

recent [7] - 2987:9; 3019:4;

3039:7; 3181:10; 3190:25;

3220:4; 3253:6

recently [4] - 2992:21;

3036:2; 3040:10; 3133:20

reclaim [2] - 3124:14;

3135:18

reclaimed [8] - 3124:25;

3126:13; 3127:8, 18, 23;

3128:23; 3129:5

reclamation [10] - 3123:23;

3124:8, 12, 17, 19; 3125:1,

5, 8, 21; 3128:4

recognition [1] - 3044:15

recognize [1] - 3125:7

recognized [1] - 3248:25

recognizing [1] - 3150:4

recolonize [1] - 3124:21

recommend [7] - 3138:18;

3139:13; 3151:16;

3294:23; 3295:6, 18;

3302:12

Recommendation [7] -

3150:23; 3203:5; 3294:17,

19; 3297:19; 3300:15;

3302:8

recommendation [34] -

3133:14; 3137:5, 18;

3139:12; 3150:23, 25;

3151:8, 12; 3152:2;

3168:11; 3203:8, 11;



37

3204:3, 7; 3205:24;

3206:6, 15; 3218:10;

3220:25; 3221:21; 3225:8;

3255:1, 7; 3301:11;

3303:8; 3304:2, 7, 24;

3308:16, 24; 3309:6, 14,

16

recommendations [52] -

3139:6, 10; 3140:21;

3153:23; 3154:1; 3195:25;

3206:1; 3219:4; 3242:1;

3245:6; 3259:22; 3266:7,

10; 3291:18, 24; 3292:2,

4-5, 10, 12-14; 3293:7, 13,

17, 22; 3294:3, 12, 14;

3295:25; 3298:7; 3300:9,

13; 3302:8, 25; 3303:13;

3308:11, 14; 3309:11;

3310:1, 5, 7, 13, 21;

3312:9, 16, 22; 3313:22;

3315:8, 11, 25

recommended [8] - 3154:19;

3157:25; 3220:20;

3225:18, 20, 23; 3226:5;

3267:11

RECOMMENDED [2] -

2985:17; 3226:10

recommending [3] -

3150:19; 3151:17; 3303:6

recommends [2] - 3295:5;

3307:19

reconcile [1] - 3164:22

reconvene [1] - 3088:5

RECONVENED [2] - 2982:5,

16

reconvened [2] - 3120:20;

3263:8

record [28] - 2988:4;

2999:11, 14; 3000:23;

3007:20, 25; 3009:15;

3026:22; 3065:15, 19;

3067:4, 15; 3068:13;

3069:24; 3071:7; 3073:17;

3086:20, 25; 3087:2, 8;

3094:24; 3095:20; 3108:2;

3130:15; 3143:16;

3152:17; 3178:4; 3222:9

RECORD [2] - 2985:10;

3178:10

recording [1] - 3061:6

records [2] - 3067:13; 3073:6

Recovery [12] - 3098:1;

3146:15, 24; 3147:1, 3, 19;

3148:9, 11, 14, 18, 20, 24

recovery [4] - 3098:3;

3146:12; 3148:4

recreation [1] - 3255:18

recreational [1] - 3236:12

Redclay [1] - 3284:5

reduce [10] - 3000:20;

3123:24; 3163:1; 3168:5,

22; 3230:1; 3266:18, 20;

3267:2; 3307:23

reduced [3] - 3004:10;

3235:23; 3285:4

reduces [1] - 3000:4

reducible [2] - 3266:22, 24

reducing [1] - 3210:24

reduction [6] - 3106:5, 9, 21,

24; 3107:9; 3108:21

reductions [3] - 3168:17, 19;

3208:21

refer [13] - 3034:7; 3067:14;

3071:22; 3091:8; 3093:15;

3110:7; 3113:8; 3152:9;

3240:24; 3279:3; 3292:7;

3299:7

reference [19] - 3028:6;

3048:11; 3072:3; 3114:23;

3128:18, 20; 3142:24;

3143:18; 3154:15;

3207:14; 3234:9; 3236:19;

3239:4; 3300:11; 3301:4;

3314:24; 3317:14;

3319:24; 3322:1

referenced [10] - 3029:10;

3030:3; 3032:1; 3072:13;

3152:11, 15; 3162:24;

3291:10, 22

references [2] - 3123:18;

3290:12

referencing [1] - 3071:24

referendum [1] - 3048:24

referred [6] - 2993:19;

3027:25; 3035:13;

3086:15; 3087:8; 3186:9

referring [26] - 3026:19, 23;

3027:16; 3056:13; 3057:5,

12; 3067:1; 3110:16;

3120:4; 3128:6; 3132:18;

3137:23; 3173:25;

3179:16; 3215:17;

3225:15; 3237:6; 3254:12;

3297:11; 3299:4; 3307:8,

11; 3309:15; 3310:12;

3316:9; 3321:5

refers [3] - 3141:9; 3240:22;

3319:15

refining [2] - 3187:12, 17

reflects [1] - 3195:24

refresh [1] - 3001:19

regard [5] - 3091:5; 3095:3;

3163:17; 3173:11; 3246:20

regarding [18] - 2993:18;

2995:23; 2998:13; 3006:2;

3095:15; 3097:2; 3100:14;

3101:12, 18, 23; 3102:6;

3124:19; 3140:16;

3171:13; 3215:2; 3226:22;

3259:22; 3288:3

regardless [10] - 3145:2, 13;

3212:15; 3229:6; 3286:8;

3308:21; 3309:5, 9, 12, 22

regards [3] - 2993:20;

3148:8, 24

Reggie [1] - 3029:24

region [44] - 2990:3;

2991:22; 2992:20;

2994:14, 21; 2999:24;

3005:16; 3008:15;

3014:21; 3015:11, 20;

3017:10, 12; 3019:10;

3023:10, 18; 3024:4, 9, 14;

3029:13; 3039:23;

3065:25; 3069:20;

3070:11; 3076:7; 3085:6;

3096:17; 3142:17;

3154:24; 3200:20;

3209:15; 3216:16; 3230:7;

3251:25; 3252:25; 3253:1;

3254:3; 3255:3; 3260:10;

3272:7, 17; 3311:13;

3313:6

REGION [22] - 2980:5, 9-10,

12-13, 17-18, 22; 2981:2;

2988:11; 2989:21;

2990:12; 3055:21, 23;

3073:24; 3074:1

Region [27] - 2978:19;

2992:16; 2993:4; 2994:1,

8; 3018:1; 3019:1; 3020:8;

3060:16; 3061:4; 3064:6;

3068:21; 3069:4; 3076:1;

3077:18; 3080:23;

3096:16; 3103:11, 15;

3124:9; 3176:2; 3180:1;

3183:8; 3194:11; 3198:24;

3234:6

region.. [1] - 3324:3

regional [32] - 2995:14;

3025:8; 3051:15, 20;

3052:7; 3053:6, 10-11;

3077:7, 17, 24; 3080:21,

24; 3081:9; 3082:9, 17;

3083:4, 10; 3085:12, 22;

3154:25; 3155:12; 3210:4;

3234:7; 3237:2; 3245:10;

3254:5; 3257:3, 8;

3313:17; 3318:17, 19

Regional [14] - 2979:2;

2994:14; 2998:21;

2999:16, 22; 3031:19;

3096:13; 3103:9, 13;

3136:6, 8; 3137:22;

3143:13; 3171:21

regionally [1] - 3080:6

regions [1] - 3039:22

Registered [2] - 2997:19;

3021:5

registered [1] - 3021:17

registering [4] - 2979:5, 10

Registry [1] - 3175:21

regular [2] - 3192:21;

3272:10

regularly [3] - 3176:12;

3272:7

regulation [1] - 3165:10

regulations [17] - 3141:21;

3164:17; 3165:5, 18-19,

23-24; 3166:3, 13, 16, 18,

23; 3167:5, 15; 3169:10,

12

regulator [2] - 3203:2;

3206:4

regulatory [4] - 3019:4;

3121:20; 3197:25; 3205:13

reinforce [1] - 3145:25

reiterate [1] - 2999:11

relate [1] - 3215:8

related [27] - 2995:8;

3002:15; 3062:2; 3063:11;

3103:2; 3118:6; 3179:4;

3185:17; 3198:2; 3201:25;

3204:14; 3236:2; 3243:1;

3252:16; 3255:2, 16, 18;

3256:8; 3264:20; 3280:7,

9; 3281:3; 3283:3, 6, 24;

3292:6

relates [7] - 3091:15; 3094:4;

3108:3; 3160:23; 3188:22;

3255:6; 3280:5

relating [6] - 2989:9;

3065:18; 3066:4; 3092:24;

3094:11; 3105:6

relation [8] - 2997:6;

3139:12; 3157:23;

3162:22; 3165:19;

3240:11; 3280:12; 3308:15

relationship [4] - 3039:10;

3044:13; 3084:18

relationships [1] - 3083:16

relative [1] - 3138:6

relatively [3] - 3040:20;

3128:12, 14

Release [1] - 3175:22

release [6] - 3165:23;

3176:8; 3185:20; 3225:14;

3253:23; 3277:12

released [5] - 3258:16, 18,

20; 3259:2; 3264:21

relevance [1] - 2987:18

relevant [11] - 3107:24;

3108:8; 3134:19; 3135:6;

3173:2; 3194:4; 3195:18;

3197:18; 3198:13; 3299:9

reliability [1] - 3270:10

relied [2] - 3057:1; 3251:14

relies [1] - 3315:25

rely [2] - 3201:5; 3252:22

relying [1] - 3181:23



38

remain [3] - 3281:7, 10, 14

remainder [1] - 3298:21

remained [1] - 3223:2

remaining [2] - 3281:7;

3282:12

remains [3] - 3204:13;

3281:25; 3282:5

remarks [2] - 3121:8; 3123:8

remember [9] - 3041:10;

3072:12, 15, 24; 3218:20;

3221:7; 3244:12; 3289:23

remembers [1] - 3003:18

remind [1] - 3118:18

REMINDED [2] - 2980:6;

2988:13

reminded [1] - 3118:5

removal [5] - 3227:17;

3228:20; 3284:17; 3299:3

remove [4] - 3126:11;

3229:14; 3260:15

removed [1] - 3286:5

removing [5] - 3000:5;

3227:16; 3228:11, 24

renewable [1] - 3112:20

repatriation [1] - 3034:19

repeat [6] - 3131:13;

3159:11; 3190:19;

3217:25; 3300:10; 3309:8

repeated [2] - 3052:25;

3157:4

repeating [1] - 3297:17

rephrase [2] - 3163:9; 3165:1

replace [1] - 3232:6

replaced [1] - 3232:13

replacement [1] - 3232:11

replicating [1] - 3189:9

reply [3] - 3066:9; 3219:5;

3275:17

REPORT [4] - 2983:22;

2985:13; 3192:13; 3237:25

report [71] - 2994:9; 2998:2,

6; 3001:12; 3004:22;

3005:6; 3006:4, 16;

3020:6, 25; 3021:11;

3022:18, 24; 3023:1, 5, 17,

25; 3024:22; 3026:13;

3027:7, 14-15; 3029:8, 10,

12, 14; 3030:2, 21; 3031:3;

3139:6, 16; 3154:16;

3157:24; 3186:7, 20;

3191:23; 3192:6; 3201:6;

3218:24; 3237:14; 3238:8,

25; 3241:6; 3243:11, 22;

3244:5, 10, 18; 3245:20;

3247:11, 14, 19, 24;

3248:14; 3252:11, 18;

3284:12, 23; 3289:19, 25;

3290:3, 11-12; 3291:22;

3292:4; 3293:2; 3306:15;

3308:20; 3318:20; 3321:8

Report [23] - 2995:6;

2996:20; 2997:18;

3000:11; 3001:7; 3002:1;

3006:9, 18; 3008:16;

3011:10; 3026:13; 3030:4;

3140:22; 3154:16;

3157:24; 3222:18;

3237:11; 3238:6; 3241:7;

3244:20; 3293:1; 3307:15;

3311:2

report's [1] - 3000:13

reported [6] - 3009:5;

3177:9; 3182:13, 17;

3187:23; 3253:22

REPORTED [2] - 2985:5;

3177:16

Reporter [3] - 3192:8;

3327:4, 20

reporter [3] - 3089:21;

3121:4; 3301:17

REPORTER'S [1] - 3327:1

REPORTING [1] - 2979:14

reporting [1] - 3182:23

Reports [1] - 3001:18

reports [18] - 2987:12;

3003:22; 3005:19; 3018:8;

3024:12, 20; 3031:8;

3045:24; 3087:6; 3186:10;

3199:18; 3244:12; 3245:7,

12; 3252:23; 3259:4, 8

represent [8] - 3019:14;

3034:6, 10; 3035:4, 20;

3037:21; 3046:11; 3223:16

representation [6] - 3010:12;

3053:11; 3085:11;

3180:22; 3220:24

Representative [1] - 3034:9

representatives [1] -

3018:18

represented [2] - 2978:10;

3015:10

representing [1] - 3094:9

represents [4] - 3076:2;

3077:18; 3181:20; 3294:11

request [12] - 3031:3, 7;

3130:21; 3155:8; 3157:22;

3191:24; 3192:17;

3235:19; 3255:23; 3261:1,

21

REQUEST [6] - 2983:14;

2985:23; 2986:5; 3162:18;

3256:21; 3261:8

Request [7] - 2995:7;

3153:25; 3154:5, 11;

3157:16; 3162:13; 3195:20

requested [2] - 3156:9;

3158:9

requesting [2] - 3260:14;

3304:17

requests [3] - 3197:21;

3294:22; 3302:11

require [5] - 3168:9;

3209:17, 24; 3249:14;

3308:25

required [8] - 3113:22;

3132:25; 3156:18; 3159:3;

3160:3; 3202:16; 3206:13;

3319:8

Required [1] - 3145:19

requirement [5] - 3119:18;

3144:23; 3260:15; 3306:7;

3310:23

requirements [4] - 3156:5;

3307:5, 7, 9

requires [3] - 3157:3;

3240:3; 3249:19

requiring [1] - 3224:11

reread [1] - 3159:17

resampling [1] - 3268:25

Research [9] - 3023:4;

3030:6; 3098:20; 3099:1,

14, 21; 3186:23; 3199:15;

3272:10

research [62] - 2991:25;

2992:7, 9, 12; 2993:1, 21;

2996:15; 2999:20;

3002:10; 3009:22; 3013:2;

3018:10; 3024:11;

3028:19; 3029:4; 3030:10;

3045:13, 15; 3098:10, 25;

3100:12; 3101:22;

3140:22; 3161:6; 3177:3;

3179:19; 3180:8, 17, 22,

24; 3182:13; 3191:22;

3192:6; 3193:14, 20, 24;

3194:3; 3195:14;

3196:18-20, 22; 3197:3,

18; 3198:5, 10, 13, 15, 17;

3199:18; 3200:22, 24;

3201:6; 3202:1; 3246:13;

3251:23; 3252:8, 12, 15,

19

RESEARCH [2] - 2985:13;

3192:13

researcher [2] - 3033:7;

3202:24

researchers [1] - 3196:9

reserve [1] - 3222:10

Reserve [1] - 2992:8

reserved [1] - 3048:5

reserves [1] - 3043:22

reservoirs [1] - 3227:9

reside [1] - 3084:15

Residential [1] - 3042:6

residual [2] - 3135:4;

3209:10

resilience [1] - 3324:17

resolved [1] - 3048:19

resort [1] - 3134:12

resources [8] - 3015:21;

3047:7; 3076:19; 3112:20;

3130:2; 3220:22; 3242:19,

23

RESOURCES [6] - 2976:3, 6,

11; 2977:9; 2981:18;

3089:9

Resources [9] - 3021:3;

3084:20; 3090:5; 3100:22;

3101:2, 4; 3103:22;

3142:21; 3290:22

respect [77] - 3026:19;

3042:8; 3087:4; 3095:4;

3097:13, 22; 3098:16, 22;

3099:3, 11, 23; 3100:3, 7;

3112:14; 3118:20;

3122:17; 3139:14; 3154:1;

3164:25; 3172:17; 3173:2,

16; 3174:16, 23; 3178:16;

3189:16; 3196:1; 3207:12;

3211:3; 3234:14; 3248:14;

3255:14, 25; 3256:11;

3257:11; 3261:14, 16;

3263:15; 3264:15; 3265:5;

3273:20; 3275:1, 14;

3279:19, 21; 3280:3, 13;

3281:1, 20, 23; 3282:15;

3283:21; 3288:18;

3299:22; 3301:10; 3303:1;

3305:19; 3308:11, 23;

3309:6, 11, 14, 16; 3310:5;

3311:24; 3312:19;

3315:10; 3317:6, 13;

3318:16; 3319:18;

3320:14; 3321:1, 20;

3322:4

RESPECT [6] - 2985:8, 10,

18; 3178:7, 10; 3256:14

respected [1] - 3244:15

respecting [2] - 3095:1;

3193:6

respective [1] - 3038:15

respond [5] - 2994:11;

3080:9; 3097:1; 3245:20;

3259:15

responded [3] - 3116:15;

3239:2; 3285:8

respondents [2] - 3009:2, 4

responding [1] - 3067:22

response [24] - 3060:8;

3066:23; 3069:1; 3080:12;

3116:10; 3117:5; 3132:5;

3154:3; 3155:10; 3158:10,

16, 24; 3219:16; 3221:3;

3222:18; 3224:13;

3245:11, 16; 3275:16;

3276:8; 3277:9; 3281:1;

3283:23; 3325:13

Response [4] - 2998:2;

3154:4; 3162:12; 3222:1

RESPONSE [2] - 2983:13;



39

3162:17

responses [1] - 3224:12

responsibilities [2] -

3096:23; 3148:21

responsibility [4] - 3038:16;

3044:2; 3119:15; 3305:11

Responsibility [2] - 3144:4,

9

responsible [9] - 3044:6;

3096:20; 3101:7; 3129:25;

3144:5, 10; 3194:12;

3257:21; 3306:11

rest [3] - 3185:7; 3281:19;

3286:14

restrict [4] - 3021:21; 3228:7

restricted [1] - 3211:11

restriction [2] - 3211:20;

3212:14

restrictions [2] - 3211:14;

3212:1

result [16] - 3119:12; 3120:1,

6; 3183:12; 3207:19, 24;

3208:20; 3209:1; 3211:11;

3213:10; 3214:1, 12;

3215:1; 3220:8; 3266:17;

3279:13

resulting [1] - 3127:13

results [29] - 3155:11, 15;

3156:22; 3180:19; 3181:4,

16-17; 3182:1, 24; 3186:1;

3191:6, 16; 3193:13, 15;

3197:7; 3198:18; 3199:3,

6; 3202:21; 3233:15;

3247:7; 3251:9; 3252:1;

3267:13, 24; 3269:17,

23-24; 3319:4

RESUME [1] - 2982:19

resume [4] - 3120:15;

3301:25; 3325:25; 3326:8

returning [2] - 3033:24;

3094:21

REVIEW [4] - 2976:1;

2985:16; 3226:9

Review [11] - 2977:7; 3101:6;

3203:10; 3220:16;

3223:20, 22; 3225:10, 23;

3226:4; 3247:8; 3252:11

review [37] - 2995:5; 2996:9;

3006:25; 3012:19; 3015:3;

3020:16; 3061:5; 3064:8,

16; 3066:22; 3070:6;

3071:12, 20; 3092:9;

3101:8; 3102:21; 3103:1;

3105:17; 3152:2; 3154:22;

3168:17; 3174:3; 3194:13,

19; 3195:5, 17, 19; 3196:2,

8, 11; 3212:4; 3236:15;

3238:19; 3292:24;

3293:10, 23

reviewed [22] - 2993:14, 23;

3012:10; 3056:3, 23;

3069:23; 3070:16; 3071:9,

14; 3073:6, 11; 3105:11;

3109:11; 3196:24; 3201:7;

3214:8; 3234:10; 3243:21;

3251:7; 3278:23; 3293:19

reviewing [3] - 3009:14;

3195:9; 3283:9

Reviews [1] - 3225:18

reviews [2] - 3009:12;

3062:11

revised [1] - 3288:1

RFMAs [1] - 2997:19

RICHARD [2] - 2981:17;

3089:6

Richard [2] - 3058:22;

3097:18

Rick [1] - 2990:2

Rights [13] - 3028:19;

3038:21; 3045:15; 3049:4;

3300:24; 3306:23; 3307:4;

3311:19; 3312:2, 5, 25;

3313:8; 3314:24

rights [17] - 3007:13;

3034:24; 3040:3, 18;

3042:9; 3043:21, 24;

3045:16; 3046:5; 3047:6,

9; 3052:17; 3076:9, 18;

3080:22, 24

rights-bearing [1] - 3080:24

ring [1] - 3018:3

rise [3] - 3190:13; 3290:6, 16

Risk [13] - 3115:2, 4, 7;

3131:15; 3132:2, 13;

3143:22; 3144:1, 7;

3146:23, 25; 3309:18

RISK [2] - 2983:10; 3152:25

risk [40] - 3060:17; 3061:20;

3097:21; 3114:24; 3117:8,

11; 3118:7; 3119:7, 9, 19;

3120:5, 7, 10; 3124:2, 15,

20; 3125:19; 3126:10, 12,

15, 20, 24; 3130:7; 3133:3,

10, 13; 3136:9; 3142:15;

3143:2; 3145:16; 3152:20;

3157:14; 3212:2; 3295:1;

3296:13; 3300:20;

3307:23; 3324:2

risks [2] - 3212:5, 7

risky [2] - 3117:1, 6

river [11] - 3002:18; 3022:7;

3029:20; 3062:9, 19;

3188:11; 3202:7; 3216:4;

3224:6, 19; 3322:16

River [53] - 2978:17;

3004:16, 25; 3008:13, 19;

3011:25; 3016:3; 3022:5;

3028:5; 3060:15; 3061:17;

3062:3; 3063:12; 3188:7;

3198:25; 3201:3; 3203:16,

20-21; 3204:5, 25; 3207:1,

6-7, 18; 3208:7, 22;

3210:16; 3213:2; 3214:13;

3215:14; 3219:22; 3220:4;

3223:5; 3225:11; 3232:2,

17; 3242:13, 20; 3275:25;

3279:9, 23; 3280:4, 8;

3281:25; 3282:2, 5;

3283:13, 25

RIVER [2] - 2983:23; 3238:2

rivers [3] - 3214:1, 15;

3258:20

road [2] - 3045:4; 3075:14

Road [1] - 3193:9

Robert [1] - 2977:11

role [14] - 3024:1; 3035:25;

3036:4; 3037:4; 3038:10;

3077:22; 3174:7; 3207:4;

3254:2; 3291:24; 3306:4;

3315:15; 3317:9, 15

roles [3] - 3096:23; 3148:21;

3254:16

rolled [2] - 3067:5; 3246:22

rolling [1] - 3273:2

Ron [2] - 3098:6; 3129:15

RON [2] - 2981:12; 3088:21

Rothwell [1] - 2978:23

roughly [2] - 2994:25; 3058:3

round [1] - 3047:17

routes [1] - 3126:22

row [1] - 3102:23

RPR [3] - 2979:15; 3327:3,

19

RSA [5] - 2995:11; 2999:21;

3028:11; 3136:21; 3171:21

rules [3] - 3041:3; 3228:3

run [12] - 3048:1; 3056:19;

3064:20; 3253:20;

3265:14, 23, 25; 3266:5;

3267:12; 3268:24; 3269:7,

20

running [3] - 3265:12;

3268:22

Rupert's [2] - 3035:17;

3038:6

S

S.C [1] - 2976:10

sad [3] - 2996:11; 3004:23;

3064:14

safe [1] - 3201:5

safely [1] - 3197:9

Samantha [2] - 3097:10;

3111:4

SAMANTHA [2] - 2981:15;

3089:2

SAME [4] - 2985:6, 15;

3177:19; 3192:15

samples [10] - 3182:14, 19,

21; 3187:2, 11, 22;

3188:23; 3189:2, 4

sampling [4] - 3198:23;

3199:5; 3236:23; 3251:3

sand [2] - 3073:1; 3125:1

Sander [1] - 2978:2

Sands [21] - 2979:1; 3023:4;

3030:6; 3098:13; 3099:17;

3105:4; 3124:9; 3154:4,

15; 3162:12; 3176:2;

3180:1; 3183:8; 3198:24;

3234:5; 3238:10, 22;

3243:17; 3247:16, 21;

3314:5

SANDS [7] - 2976:8; 2984:4,

7; 2985:5; 3177:17;

3238:16; 3248:10

sands [42] - 3073:2; 3102:4;

3105:12, 19; 3154:24;

3160:5; 3165:20, 25;

3166:7, 15; 3169:8;

3175:20; 3177:9; 3180:16;

3187:11; 3194:4; 3198:8;

3202:6; 3203:24; 3206:23;

3219:4; 3224:25; 3236:11;

3237:13; 3241:20; 3243:2,

5, 15; 3249:7; 3251:24;

3252:17; 3257:19;

3260:20; 3296:4; 3297:1;

3311:13; 3313:6; 3315:15;

3316:1; 3317:16; 3324:3;

3325:3

SARA [7] - 3119:17; 3143:9,

19, 21; 3144:13, 23;

3145:25

SARA-CEAA [2] - 3143:19,

21

Saskatchewan [20] -

3035:19; 3036:15, 22;

3040:20; 3041:6, 13;

3045:3, 7; 3046:2;

3049:16; 3053:17;

3054:11; 3076:15, 17;

3077:6, 9; 3078:18;

3079:11, 14

Saskatoon [1] - 3099:1

satisfactory [1] - 3114:25

satisfied [3] - 3169:5, 16, 19

satisfy [3] - 3130:7; 3131:16;

3132:2

saw [4] - 2992:22; 3069:25;

3170:13; 3289:19

scale [4] - 3111:24; 3240:1;

3245:10; 3313:25

scan [1] - 3086:17

scanning [1] - 3187:8

scared [1] - 3016:11

scary [1] - 3016:15

scenario [5] - 3224:24;



40

3273:9, 15, 17; 3274:23

scenarios [2] - 3217:16;

3273:10

schedule [1] - 3120:24

SCHEDULING [2] - 2982:6;

3120:22

Schindler [2] - 3091:12;

3189:1

Schindler's [2] - 3263:15, 21

school [2] - 3011:22;

3054:20

Schools [1] - 3042:6

SCIENCE [4] - 2983:21;

3237:25; 3238:1

Science [2] - 3222:17;

3225:22

science [12] - 3195:4, 16;

3197:19, 21, 23-24;

3211:8; 3212:4; 3221:15;

3224:23; 3225:5; 3307:6

science-based [1] - 3225:5

scientific [18] - 3090:9;

3092:10; 3094:6; 3173:7;

3177:2, 5; 3182:2, 7;

3196:24; 3197:1; 3251:1,

6, 9; 3252:12, 15; 3256:8;

3322:18

SCIENTIFIC [2] - 2985:16;

3226:9

Scientific [10] - 3222:23;

3223:7, 19, 22; 3224:1;

3225:10, 18; 3226:4;

3237:21; 3252:10

scientifically [1] - 3196:23

scientist [6] - 3061:12;

3098:10, 25; 3101:22;

3179:19; 3299:6

scientists [12] - 3092:3, 9;

3094:5; 3101:11; 3161:6;

3174:11; 3179:22; 3200:3;

3224:2; 3230:23; 3244:15;

3259:3

scope [1] - 3260:17

screen [2] - 3057:13, 25

scrip [2] - 3052:13; 3076:13

scroll [2] - 3004:3; 3009:25

search [1] - 3195:13

seated [8] - 3097:18, 24;

3098:9; 3099:19, 25;

3102:19, 23; 3103:12

second [23] - 2990:19;

2997:2; 3022:25; 3035:18;

3061:3; 3094:3; 3102:23;

3110:9; 3117:18; 3144:17;

3149:4; 3210:23; 3211:5;

3212:15; 3225:10, 17;

3254:11; 3257:13, 16;

3276:21; 3323:20

SECOND [7] - 2980:13, 18,

22; 2981:3; 2990:13;

3055:23; 3074:1

second-last [2] - 3110:9;

3117:18

secondary [1] - 3020:24

secondly [5] - 3056:22;

3095:4, 13; 3219:19;

3264:22

SECRETARIAT [1] - 2977:14

Secretariat [1] - 3094:1

SECTION [4] - 2983:6;

2986:8; 3107:20; 3289:14

section [18] - 2996:18;

3006:16; 3046:19;

3097:14, 22; 3098:17, 23;

3099:4, 11; 3113:12;

3145:19; 3208:15;

3212:21; 3239:10;

3287:25; 3313:14; 3314:1

Section [28] - 2996:22;

2997:11; 3001:8, 10;

3002:1; 3008:17;

3046:16-18; 3048:3;

3049:12; 3076:9; 3098:19;

3113:9; 3114:7, 17, 21;

3119:17; 3144:13;

3208:16; 3234:19; 3288:1,

6, 20; 3289:8; 3290:25;

3307:12; 3323:6

sections [1] - 2994:24

sector [3] - 3164:18;

3165:16; 3260:11

sector-specific [1] - 3260:11

sectors [1] - 3163:15

secure [1] - 3112:21

sediment [4] - 3188:23;

3189:1, 12; 3190:21

Sediment [1] - 3180:2

sediments [2] - 3190:25;

3191:7

see [56] - 2994:23; 3009:19;

3011:5; 3022:2; 3031:9,

18; 3052:12; 3053:1;

3057:11; 3059:7; 3060:20,

23; 3062:4; 3063:8, 22;

3070:18; 3072:4, 6;

3075:1; 3077:23; 3093:2;

3095:9, 15; 3113:14;

3118:21; 3122:10;

3123:11; 3129:22; 3139:5;

3157:13; 3159:14;

3160:17; 3161:21;

3168:15; 3170:18;

3171:12; 3181:5; 3185:12;

3189:22; 3206:12; 3210:4,

12; 3217:8; 3254:15;

3267:13; 3269:23;

3283:20; 3287:10, 20;

3292:21; 3293:24; 3294:9;

3314:23; 3316:6; 3320:21;

3326:4

seeing [2] - 3167:6; 3289:23

seeking [1] - 3130:20

seem [2] - 3253:20; 3280:20

self [6] - 3037:5, 20;

3046:15; 3047:25; 3051:10

Self [1] - 2978:10

self-determination [1] -

3046:15

self-government [5] -

3037:5, 20; 3046:16;

3047:25; 3051:10

Self-represented [1] -

2978:10

Selinger [1] - 3040:13

sell [3] - 3012:6; 3013:24;

3035:16

Senate [1] - 3049:3

Senior [3] - 3097:19;

3099:13; 3101:1

senior [2] - 3102:22, 24

sense [12] - 3020:20; 3079:1,

25; 3105:16; 3120:13;

3164:15; 3216:23;

3241:23; 3245:22;

3266:15; 3306:1; 3310:24

sent [2] - 3047:1; 3253:7

SENT [2] - 2985:19; 3256:16

sentence [13] - 3190:19;

3206:15; 3207:16; 3208:2;

3211:6, 25; 3213:18;

3248:19; 3249:11;

3257:24; 3317:14, 17

sentences [1] - 3109:11

separate [2] - 3086:18;

3202:19

SEPTEMBER [2] - 2984:9;

3262:3

September [5] - 3040:12;

3042:3; 3158:12; 3169:24;

3266:2

sequence [1] - 3264:22

SERIES [2] - 2983:10;

3153:1

series [8] - 3057:7; 3116:14;

3144:1; 3151:1; 3216:13,

17, 19; 3250:22

seriously [1] - 3008:2

serve [1] - 3218:12

Services [1] - 3103:10

services [4] - 3037:8;

3038:6; 3045:22

Session [1] - 3027:18

set [10] - 3113:11; 3228:3;

3243:8; 3249:3, 15;

3291:15; 3292:2; 3306:20;

3325:6; 3327:8

SETAC [6] - 2983:17;

3091:18; 3179:4; 3186:20;

3197:5; 3201:14

sets [2] - 3071:7; 3249:11

setting [2] - 3116:6, 8

Setting [2] - 2995:6; 2997:18

Settings [1] - 2996:19

settle [1] - 3053:3

settlements [1] - 3043:23

several [14] - 3035:6; 3062:1;

3067:4, 14; 3081:17;

3082:17; 3100:11;

3123:23; 3179:22;

3190:12; 3212:25;

3243:11; 3251:25; 3287:23

severe [1] - 3140:2

shaky [1] - 3270:17

SHANNON [2] - 2981:22;

3089:17

Shannon [1] - 3103:12

share [1] - 3179:13

Shawn [1] - 2978:2

shed [1] - 3198:7

Sheliza [1] - 2979:7

SHELL [4] - 2976:2; 2980:19;

3055:23

Shell [135] - 2978:2; 2988:19;

2989:5; 2990:4; 2995:6, 9,

15, 21; 2996:12, 21;

2998:1; 2999:3; 3002:8,

20; 3003:23; 3006:25;

3008:2, 6; 3012:9, 17;

3013:6; 3014:6, 10;

3015:5, 24; 3016:5;

3017:9; 3025:20; 3030:10;

3031:4; 3033:2, 15, 18-19;

3055:17; 3056:4, 16, 18;

3058:9, 14; 3059:5;

3061:3; 3062:7, 17;

3063:17; 3065:17; 3066:8;

3068:4-6; 3069:7, 20;

3070:12; 3071:18;

3072:15, 18, 24; 3074:11;

3083:13; 3087:5; 3100:25;

3108:4; 3109:2, 5, 17;

3124:8; 3125:14; 3128:21,

24; 3130:11; 3133:8;

3136:6, 11, 22; 3137:25;

3168:3, 10, 12; 3169:5, 8;

3203:11, 16; 3205:22;

3206:12, 17, 25; 3207:3;

3210:17, 22; 3214:9;

3228:15, 24; 3231:8;

3263:17, 20; 3264:17;

3266:1, 3; 3273:1, 14;

3275:16; 3276:13; 3277:8;

3282:19; 3283:8; 3284:3;

3285:14; 3294:23;

3295:10, 15; 3296:6, 8, 16,

21, 24; 3297:15, 22;

3298:8, 14; 3299:24;

3300:5, 7; 3301:12;

3302:12; 3305:4, 7, 9, 11;

3306:1; 3307:19; 3308:2;



41

3317:2

Shell's [34] - 2994:12;

3000:10, 24; 3001:13;

3015:8; 3018:8; 3060:25;

3061:21; 3064:1; 3065:22;

3066:13; 3068:8; 3069:23;

3070:7; 3110:4; 3129:1;

3142:20; 3169:14;

3204:10; 3208:11;

3210:12; 3212:25; 3213:1;

3229:8, 14; 3234:10, 15;

3266:8; 3267:17; 3275:13;

3294:15; 3298:18; 3313:8;

3317:6

Shelley [2] - 3100:21; 3101:1

SHELLEY [2] - 2981:19;

3089:10

Sheridan [1] - 3193:8

shift [7] - 3127:10, 14, 17,

21; 3128:7; 3129:9; 3146:9

shift.. [1] - 3128:6

shifting [1] - 3153:21

shore [3] - 3003:17; 3005:5;

3006:13

short [4] - 3033:25; 3095:7;

3101:4; 3218:22

Short [1] - 3021:2

short-circuit [1] - 3218:22

shorter [1] - 3229:16

shorthand [1] - 3327:8

shortly [2] - 3046:23;

3224:17

Shott [3] - 3030:17; 3031:20

show [16] - 2998:19, 24;

2999:15; 3010:1, 15;

3021:13, 18-19; 3025:1;

3028:16; 3108:3; 3215:19;

3216:6; 3217:10; 3218:24

showed [3] - 3275:25;

3276:25; 3277:4

showing [6] - 3015:1;

3029:21; 3163:20;

3217:17; 3319:12; 3320:12

shown [2] - 3112:7; 3320:7

shows [12] - 2996:14;

2999:20; 3000:18;

3029:12; 3031:17, 19;

3056:12; 3059:24;

3061:25; 3143:3; 3187:7;

3200:24

sic [3] - 3026:23; 3068:16;

3207:25

sic) [1] - 3010:6

side [5] - 3047:21; 3062:19;

3079:14; 3274:24; 3287:17

sides [1] - 3062:8

Sierra [1] - 2979:4

sign [1] - 3010:13

signals [1] - 3040:2

signatories [1] - 3129:24

signatory [1] - 3129:13

signed [3] - 3044:13;

3082:16

significance [8] - 3006:13;

3108:18; 3113:3; 3119:14,

24; 3145:2, 14; 3319:11

significant [37] - 3040:7, 9;

3041:5; 3077:25; 3082:5;

3106:5, 21; 3107:9;

3108:8, 11, 15, 21; 3113:5,

7; 3114:4; 3119:12, 16;

3120:1, 6; 3126:1, 6;

3136:19; 3145:10;

3163:12, 17; 3204:16, 18;

3205:8; 3228:12, 21;

3240:18; 3241:2; 3243:13;

3251:21; 3252:18; 3275:9;

3318:6

significantly [1] - 3242:14

signing [1] - 2989:1

similar [12] - 2998:16;

3029:24; 3037:14; 3134:1;

3182:4; 3185:22; 3187:1;

3188:25; 3195:8; 3243:19;

3288:10

simple [3] - 3052:21; 3114:2,

5

simplification [1] - 3265:3

simplified [1] - 3264:25

simply [9] - 2997:12; 3025:5;

3056:24; 3067:2, 5, 8;

3085:19; 3113:21; 3232:7

SIR [4] - 2998:2; 3008:4;

3110:8

sit [4] - 3121:1, 14; 3299:13

site [5] - 3136:11; 3141:5, 7;

3186:10; 3259:22

site-specific [1] - 3259:22

sites [8] - 3005:4, 12;

3015:23; 3157:4; 3201:2;

3236:20; 3247:2; 3283:12

sitting [2] - 3214:5; 3262:15

situation [4] - 3078:22;

3081:23; 3181:20; 3299:9

six [4] - 3046:1; 3082:1;

3282:20; 3284:2

skill [1] - 3327:11

skills [1] - 3224:23

skimmed [1] - 3073:10

skip [1] - 3159:20

skipping [1] - 3250:5

Sled [4] - 3009:24; 3010:1, 3;

3011:5

slice [1] - 3189:12

slices [2] - 3189:13; 3190:8

slide [1] - 3177:25

SLIDE [2] - 2985:9; 3178:8

slope [1] - 3101:24

slowly [1] - 3141:3

small [6] - 3003:8; 3036:7;

3079:13; 3119:11, 25;

3122:14

smaller [4] - 3077:13, 17;

3080:25; 3286:6

smaller-bodied [1] - 3286:6

snow [12] - 3182:15, 19;

3187:2, 5, 7, 11, 21;

3188:5, 12, 14, 18;

3319:17

snow-melt [1] - 3187:2

Snowpack [1] - 3180:2

snowshoe [1] - 3107:10

SO [2] - 2986:6; 3261:8

SoC [1] - 3012:21

social [4] - 3311:14, 18;

3312:3; 3313:7

society [2] - 3035:11; 3049:2

Society [1] - 3091:17

socio [1] - 3221:19

socio-economics [1] -

3221:19

socioeconomic [1] - 2993:1

software [1] - 3265:19

sold [2] - 3013:18, 20

solely [1] - 3252:22

soluble [1] - 3276:17

solutions [2] - 3254:10;

3255:5

solvent [8] - 3276:10, 15, 20;

3277:2, 12, 14, 18

solvents [3] - 3276:13;

3277:4

someone [2] - 3201:23;

3282:10

sometime [3] - 3048:19;

3158:21

sometimes [2] - 2993:19;

3024:16

somewhat [4] - 2996:13;

3000:23; 3031:1; 3033:16

somewhere [1] - 3223:16

SONG [5] - 2981:15; 3089:2;

3115:22; 3139:23; 3325:4

Song [5] - 3097:10, 12;

3111:4; 3115:19; 3139:22

soon [2] - 3000:13; 3116:21

sorry [59] - 3011:3; 3026:21;

3027:1, 16; 3028:13;

3060:21; 3070:21; 3078:3,

8; 3087:19; 3112:25;

3117:14; 3118:12;

3123:13; 3131:13, 18;

3141:1; 3142:1; 3149:16;

3151:23; 3152:12;

3153:10; 3157:17;

3164:21; 3167:17, 21;

3175:22; 3176:5; 3189:22;

3190:18; 3200:15;

3201:22; 3207:14;

3209:20; 3214:5; 3218:17;

3219:12; 3221:5; 3222:5;

3234:1, 24; 3238:8;

3239:9; 3244:5, 13;

3253:12; 3254:4; 3273:22;

3274:17; 3282:3; 3283:4;

3289:25; 3297:17;

3300:10; 3305:13, 24;

3309:8; 3316:10

sort [9] - 2995:1; 3125:9;

3161:12; 3181:12;

3195:24; 3273:19;

3309:21; 3319:10; 3323:23

sound [4] - 3116:2; 3212:8;

3249:4, 16

sounds [7] - 3093:11;

3105:2; 3117:16; 3161:19;

3162:21; 3181:22; 3248:12

source [9] - 3009:8; 3030:10;

3176:11; 3185:13, 15, 19;

3186:4; 3202:7; 3322:19

sources [7] - 2995:19;

3020:12, 17, 19, 24;

3185:23; 3274:13

South [2] - 2977:18; 3193:9

south [3] - 3003:17; 3029:1;

3076:3

southern [2] - 3006:13;

3040:18

spatial [1] - 3236:17

speaking [11] - 2990:21;

2995:23; 3002:5; 3010:14;

3073:3; 3138:10; 3176:7;

3237:4; 3283:11; 3313:16

speaks [10] - 2991:1; 3017:8,

11; 3026:1, 14; 3028:25;

3029:2; 3080:13; 3108:21;

3208:17

special [3] - 3015:6;

3136:11, 13

specialist [4] - 3090:8;

3173:12; 3184:3; 3320:17

Species [16] - 3115:2, 4, 7;

3131:15; 3132:2, 12;

3143:22, 24; 3144:1, 4, 7,

9; 3146:23, 25; 3309:18

species [77] - 3097:21;

3109:24; 3111:2, 12, 19,

21-22; 3112:5; 3114:24;

3116:15; 3117:2, 10;

3118:6; 3119:6, 11, 19;

3120:3-9; 3124:1, 11, 15,

17, 20; 3125:19; 3126:1,

10-11, 15, 19, 24; 3127:19,

21, 24; 3128:1, 15; 3130:6;

3133:2, 10, 13; 3136:9;

3139:21; 3142:15; 3143:2,

5, 8-9; 3145:1, 16; 3146:4;

3147:9, 14-15; 3148:5;

3152:20; 3157:14; 3232:9;

3287:6, 11, 15, 24; 3295:1;



42

3296:13; 3300:20; 3303:2;

3324:2, 22

SPECIES [2] - 2983:10;

3152:25

specific [57] - 2999:23;

3005:8; 3006:6; 3008:21;

3011:3; 3012:19; 3017:6;

3019:2; 3023:6; 3027:20;

3028:6; 3029:8, 22;

3030:14; 3031:15;

3059:12; 3066:11;

3068:14, 18, 22; 3071:22;

3072:2, 22; 3073:18;

3115:2; 3120:3; 3155:11;

3158:5; 3159:8; 3160:12;

3169:13; 3200:6, 22;

3201:23, 25; 3210:17;

3229:22; 3259:22; 3260:6,

11-12; 3293:5, 14;

3297:12; 3298:7; 3303:3;

3308:7, 23; 3312:16;

3313:21; 3317:21; 3322:2,

24

SPECIFICALLY [2] -

2985:21; 3256:18

specifically [40] - 2999:6;

3003:5; 3009:22; 3014:6;

3015:21; 3027:23;

3031:17; 3032:6; 3038:3;

3050:19; 3059:24; 3062:4,

24; 3070:16; 3073:14;

3147:2; 3162:7; 3171:15;

3173:2; 3175:5; 3197:22;

3198:2; 3200:2; 3225:5;

3229:13; 3233:6; 3255:6,

16-17, 20; 3280:25;

3292:9; 3294:14; 3297:18;

3301:13; 3308:15;

3313:16; 3317:23

specifications [1] - 3271:8

specificity [1] - 3295:19

specifics [1] - 3303:12

specified [2] - 3194:16;

3196:10

specify [1] - 3257:5

speculate [7] - 3138:24;

3139:3; 3293:5, 8;

3305:16, 24; 3308:19

speculating [1] - 3197:11

speculation [1] - 3258:7

speculative [1] - 3273:11

speed [1] - 3217:13

spelling [1] - 2995:2

spend [1] - 3070:7

spent [3] - 2992:2; 3025:12

spoken [2] - 3033:7; 3299:16

SPOKEN [4] - 2981:23;

2982:6; 3090:3; 3120:22

spot [3] - 3017:2; 3157:20;

3159:22

spring [5] - 3182:20; 3188:7,

9, 12; 3246:22

spruce [2] - 3128:25;

3129:10

SPRY [3] - 2981:15; 3089:3;

3160:23

Spry [4] - 3099:5, 7; 3158:19;

3160:21

squabbling [1] - 3048:15

square [1] - 3232:5

SRD [1] - 3084:3

St [1] - 3140:21

stability [1] - 3101:24

stack [4] - 3184:17, 22;

3185:5

stacks [1] - 3184:13

STAFF [3] - 2980:23; 2981:4;

3074:1

staff [5] - 3019:13; 3089:23;

3148:14; 3174:10; 3220:22

stage [11] - 3166:24; 3168:4;

3181:11; 3198:9; 3246:5;

3263:20; 3264:1; 3267:16;

3318:4; 3320:2, 8

stages [1] - 3167:2

stakeholder [3] - 3248:22;

3254:8; 3255:3

stakeholders [9] - 3206:11;

3220:21; 3221:9, 15, 20;

3230:7; 3231:11; 3254:6;

3257:9

stamp [1] - 3036:9

stand [4] - 3045:19; 3087:8;

3097:7; 3101:13

standardized [1] - 3140:15

Standards [1] - 3099:6

stands [1] - 3108:22

start [15] - 3039:8; 3045:2;

3055:25; 3057:13;

3076:12; 3096:9; 3111:3;

3116:23; 3263:13;

3270:16; 3279:22;

3285:18; 3291:18; 3295:8;

3302:3

started [6] - 2992:21;

3049:13; 3163:14;

3246:12, 20; 3263:2

starting [8] - 3043:13;

3049:12; 3052:15; 3057:2,

14; 3071:5; 3116:4;

3122:19

starts [12] - 3000:11;

3009:21; 3060:2; 3070:22;

3107:6; 3110:17; 3117:20;

3144:17; 3219:8; 3248:18;

3270:3, 20

state [20] - 2998:6; 3075:15;

3076:20; 3095:20;

3109:10; 3123:21;

3125:12; 3127:5; 3138:12;

3140:14; 3142:9; 3148:19;

3155:10, 12; 3158:11, 24;

3164:8; 3167:23; 3193:24;

3202:15

Statement [15] - 2989:4, 25;

2990:25; 2991:1; 3012:16,

22; 3019:24; 3029:11;

3057:16; 3076:15, 21;

3138:15, 21; 3139:4, 15

STATEMENT [2] - 2983:3;

3087:24

statement [17] - 2991:5;

3060:12; 3061:19;

3063:24; 3087:21; 3163:6;

3164:15, 19; 3182:9;

3200:15; 3211:23; 3223:6;

3239:16; 3255:25;

3275:21; 3316:3; 3324:5

statements [1] - 3012:22

States [1] - 3129:25

states [7] - 3064:3; 3106:18;

3114:7; 3132:14; 3154:17;

3170:23; 3234:8

stating [1] - 3047:3

statistically [2] - 3249:4, 16

statistics [1] - 3199:12

Status [1] - 2978:15

status [3] - 3198:4; 3219:3;

3236:11

statute [4] - 3113:11

stay [1] - 3012:2

steady [1] - 3277:4

Steepbank [1] - 3031:10

Steering [4] - 3233:22;

3244:4, 6, 9

step [8] - 3041:5; 3055:3;

3078:4; 3150:7, 11;

3179:1; 3312:23

STEPHEN [2] - 2981:16;

3089:4

Stephen [2] - 2979:16;

3097:25

stepping [1] - 3189:22

steps [2] - 3148:25; 3323:18

Steven [1] - 2977:17

Stewart [1] - 2979:6

still [47] - 2988:16; 2996:7,

13; 3000:19; 3007:7, 24;

3011:24; 3024:6; 3041:11;

3053:13; 3071:2; 3078:19;

3080:1; 3081:22; 3082:3;

3125:10; 3156:11;

3159:10; 3160:13;

3161:19; 3164:1, 3, 16-17;

3167:1; 3197:7; 3199:3;

3211:25; 3212:2; 3223:1;

3224:5; 3225:4; 3235:9;

3242:10; 3261:13;

3308:22; 3309:24; 3320:8;

3324:5, 8, 20; 3325:15

stochastic [3] - 3268:21;

3269:7

stock [2] - 3232:15; 3273:2

stocked [1] - 3287:3

stocking [5] - 3231:20;

3232:1, 14; 3283:18

stone [1] - 3260:19

stop [2] - 3209:9; 3245:15

stopped [2] - 3002:18;

3206:14

stopping [1] - 3076:23

stops [1] - 3219:12

story [5] - 3012:5; 3029:24;

3052:24; 3217:4

Strahl [1] - 3044:10

straight [1] - 3218:1

strange [1] - 3001:3

strata [1] - 3190:22

strategic [1] - 2993:2

strategy [3] - 3042:20;

3098:3; 3146:12

Strategy [11] - 3146:15, 24;

3147:1, 3, 19; 3148:9, 12,

14, 18, 20, 24

stream [2] - 3207:18;

3218:18

Stream [1] - 3225:11

stress [1] - 3210:21

stressed [1] - 3171:2

stresses [2] - 3116:18

stressors [2] - 3116:16;

3311:9

strictly [1] - 3232:7

strive [1] - 3268:18

strong [2] - 3011:24;

3065:25

strongly [1] - 3051:17

struck [1] - 3039:10

structure [1] - 3036:19

structured [1] - 3013:18

struggle [1] - 3318:10

studied [1] - 3186:7

studies [18] - 2987:10;

2991:18; 2995:10; 2996:8;

3008:14, 23; 3025:4;

3030:5; 3068:18; 3092:20;

3110:20; 3112:7; 3142:11,

19; 3191:20; 3193:14;

3197:4; 3251:25

Studies [2] - 2991:13;

2992:15

Study [29] - 2992:19;

2994:14; 2997:21;

2998:21; 2999:16, 22;

3001:6; 3005:8; 3006:21;

3008:13, 19; 3021:5;

3028:5; 3030:11; 3031:19;

3058:1; 3074:15; 3126:5,

8; 3136:6, 8; 3143:13;

3171:21; 3202:8; 3272:12



43

study [36] - 2996:3; 2999:3;

3008:11; 3009:12;

3018:14; 3020:17;

3023:14; 3025:3; 3028:12;

3030:7, 9; 3031:5, 15;

3033:19; 3061:7; 3111:22,

24-25; 3158:13; 3178:25;

3179:15, 17; 3180:15;

3181:4, 14; 3186:19;

3187:6; 3191:2; 3200:24;

3202:18, 20; 3230:17;

3318:17; 3319:9, 19, 21

studying [1] - 3220:5

stuff [7] - 3005:17; 3027:5;

3053:16, 20, 22; 3054:8;

3061:8

sub [3] - 3113:9; 3296:19

subject [13] - 3121:5; 3130:4,

16, 24; 3131:10; 3185:11;

3186:16; 3194:15;

3229:23; 3267:9; 3270:19;

3290:15; 3308:2

submission [70] - 2994:18;

3015:2; 3032:4; 3060:8;

3061:19; 3062:2; 3066:9;

3087:9; 3096:24; 3097:2,

14, 23; 3098:17, 23;

3099:4, 12; 3100:3, 8, 10,

19; 3102:17; 3103:3, 17,

20; 3105:9; 3119:20;

3123:19; 3124:7; 3127:3;

3133:11; 3137:6; 3139:10;

3142:7; 3143:18; 3145:7;

3165:22; 3172:15;

3173:25; 3174:8; 3193:16;

3194:1; 3195:12, 22, 24;

3197:12; 3200:9; 3207:12;

3212:19; 3226:22;

3234:19; 3242:5; 3259:9;

3264:10, 14; 3270:21;

3272:18; 3275:2, 5;

3291:17; 3292:8; 3294:11;

3304:4; 3309:20; 3312:8;

3313:20; 3315:5; 3317:19

Submission [4] - 3059:19;

3060:25; 3061:22; 3064:1

submissions [21] - 2990:22;

2993:7; 3020:7; 3044:21;

3065:21; 3066:8; 3095:3;

3117:9; 3125:12; 3132:18;

3140:14; 3162:25;

3167:23; 3236:4; 3279:3,

6; 3321:9; 3323:19

submit [2] - 2993:22; 3108:7

submitted [8] - 3012:11;

3153:25; 3175:21;

3191:12; 3219:2; 3247:11;

3299:11

subscribed [1] - 3327:13

Subsection [1] - 3144:22

SUBSECTION [2] - 2983:6;

3107:21

subsection [2] - 3145:25;

3236:5

Subsections [1] - 3321:10

subsequent [1] - 3125:16

subside [2] - 3227:19;

3284:21

substance [3] - 3321:12;

3322:6; 3323:6

substances [2] - 3320:13;

3321:2

substantial [4] - 3143:12;

3159:2, 14; 3160:2

substantive [2] - 3069:3, 6

substitution [1] - 3255:11

success [2] - 3039:12;

3047:19

success/failure [1] - 3047:19

successful [8] - 3037:24;

3041:17; 3046:3; 3048:23;

3125:5; 3249:14; 3316:19,

24

suckers [1] - 3287:24

suffers [1] - 3250:25

sufficient [3] - 3168:1;

3204:4; 3266:11

sufficiently [2] - 3169:6, 17

suggest [10] - 3066:5;

3107:16; 3113:16;

3115:16; 3124:22;

3229:23; 3279:17;

3281:21; 3295:20; 3297:9

suggested [3] - 3285:23;

3287:11

suggesting [4] - 3296:21;

3297:4; 3304:21; 3310:7

suggestion [2] - 3080:13;

3123:1

suggestions [1] - 3302:18

suggests [6] - 3090:25;

3170:4; 3211:8; 3229:9;

3285:3; 3286:19

suitability [1] - 3232:10

suitable [9] - 3121:3;

3127:24; 3137:10; 3155:2;

3303:15; 3304:15, 22;

3305:9

suite [8] - 3137:11; 3149:6;

3151:21; 3152:3; 3292:10,

14; 3294:11; 3311:17

sum [1] - 3082:4

summarized [1] - 3314:1

summarizes [1] - 3008:18

summary [15] - 3039:1;

3060:7; 3207:22; 3217:19;

3222:17, 22; 3225:16;

3237:22; 3292:3, 9;

3311:4; 3315:12; 3316:11,

13

summation [3] - 3182:18;

3212:24; 3314:22

summer [1] - 3157:1

Suncor [2] - 3238:23; 3298:9

supersede [1] - 3309:23

supervision [4] - 3102:18;

3103:18, 24; 3104:3

SUPPLEMENT [2] - 2985:14;

3192:15

supplement [1] - 3192:7

supplemental [1] - 3101:9

Supplementary [2] - 2995:7;

3195:20

support [8] - 3109:19;

3122:19; 3128:13; 3129:6;

3136:9; 3236:14; 3254:10;

3261:20

supportive [1] - 3149:2

suppose [5] - 3034:7;

3188:11; 3232:16; 3254:8;

3279:18

Supreme [2] - 3039:12;

3048:10

surely [1] - 3297:2

surface [7] - 3018:9;

3098:14; 3185:3; 3214:8;

3248:22; 3265:4; 3307:21

surprised [2] - 3230:20;

3244:4

surprising [3] - 3033:16;

3183:12, 17

surrounding [1] - 2996:25

survey [2] - 3155:12;

3194:25

Survey [2] - 3101:16, 21

surveys [9] - 3155:1, 12, 15;

3156:3, 18, 23, 25; 3157:2,

4

suspicion [1] - 3321:21

sustainability [1] - 3324:16

Sustainable [2] - 3238:7;

3244:19

sustainable [1] - 3130:2

swear [1] - 3291:9

swearing [1] - 3089:21

sweep [1] - 3131:9

Swift [3] - 3109:18; 3110:7,

21

SWORN [2] - 2981:7;

3088:11

Symposium [1] - 3042:15

Syncrude [6] - 2979:7;

3031:21; 3275:23; 3276:1,

9

synonymous [1] - 3048:9

System [2] - 3021:6; 3247:21

system [16] - 3013:17;

3021:16, 18, 21; 3022:12;

3028:3; 3039:16; 3052:13;

3076:13; 3085:1, 16;

3212:12; 3250:9; 3265:3

SYSTEM [2] - 2984:7;

3248:10

systematic [3] - 3195:13;

3197:17; 3241:18

systematically [1] - 3249:23

systemic [3] - 3249:2, 15;

3250:17

systems [5] - 3140:8;

3241:12; 3242:4, 8;

3266:25

T

T9H [1] - 2976:25

tab [14] - 3020:9; 3026:21,

24; 3027:7, 16-18; 3028:4,

13; 3029:14; 3030:22

Tab [8] - 2990:22; 3020:7,

10; 3023:1, 7; 3026:18;

3030:7

table [9] - 3040:8; 3043:3;

3049:9; 3069:12; 3088:3;

3106:2, 17; 3107:5; 3179:8

tables [2] - 3128:24; 3221:20

tabs [7] - 2990:23; 3002:13;

3007:2; 3009:20; 3013:14;

3024:22; 3026:25

tags [1] - 3089:24

tailings [12] - 3016:4; 3102:4,

6, 8; 3125:1; 3140:1, 5, 19;

3141:10; 3161:8; 3275:8,

20

talks [9] - 3023:9; 3151:2,

4-5; 3170:3, 5; 3287:19;

3297:19

tandem [1] - 3214:24

tangentially [1] - 3291:10

Tara [1] - 2977:16

target [13] - 3163:7, 13, 18,

22, 24; 3164:2, 7, 9, 14;

3165:2, 6, 12

tasked [2] - 3195:9; 3196:7

taxes [1] - 3048:1

TC [2] - 2981:21; 3089:15

team [9] - 3014:19; 3096:19;

3099:19; 3102:10; 3187:1;

3194:14; 3196:2, 5, 8

teams [1] - 3195:17

technical [24] - 3054:18, 21;

3059:20; 3061:5, 11;

3062:10; 3064:8, 16;

3071:12; 3072:22;

3097:20; 3098:12; 3100:2,

7; 3173:7; 3174:16, 23;

3296:23; 3297:11; 3299:4,

23; 3302:22; 3303:4, 12

Technical [1] - 3102:20

technicalities [1] - 3296:4



44

technique [3] - 3130:10;

3189:14; 3210:6

techniques [1] - 3265:18

technologies [1] - 3316:6

technology [6] - 3315:16;

3316:2, 15; 3317:25;

3318:4, 9

Teck [3] - 3142:21, 23, 25

TEMF [2] - 3115:24; 3117:5

temperature [4] - 3213:21;

3217:10, 15, 17

temperatures [1] - 3170:5

temporal [1] - 3270:2

temporary [3] - 3227:18, 20;

3284:19

ten [2] - 3032:7; 3088:2

tend [4] - 3034:8; 3185:1, 4

tender [2] - 3095:14; 3290:9

tendered [1] - 3118:17

tends [1] - 3184:14

tent [1] - 3083:22

Tereasa [1] - 3030:9

term [10] - 3078:11; 3124:21;

3125:6; 3133:1, 9; 3134:1,

15, 20; 3135:7; 3266:13

terminated [1] - 3047:5

terminology [1] - 3051:16

terms [50] - 3025:19; 3036:2;

3038:9; 3039:8, 14;

3040:15; 3045:16;

3050:18; 3051:5; 3072:22;

3074:12; 3078:16;

3108:10; 3111:15; 3112:4,

12; 3117:6; 3124:19;

3125:5, 8, 10; 3126:5;

3134:14, 16; 3135:23;

3136:1; 3147:1; 3148:16;

3149:14; 3156:20; 3157:8;

3160:16; 3161:20;

3163:21; 3164:4; 3166:6;

3167:6; 3184:12; 3218:4;

3234:8; 3240:25; 3259:8;

3270:11; 3295:13; 3296:1;

3299:23; 3313:1; 3317:4;

3324:10

Terrestrial [1] - 3115:24

terrestrial [10] - 3097:15;

3105:6; 3134:7; 3157:18;

3227:17; 3228:11; 3240:7,

23; 3284:18; 3325:2

Territories [4] - 3029:2;

3035:17; 3076:4; 3096:18

territory [1] - 3004:21

Territory [1] - 2992:19

testified [1] - 3273:1

testify [2] - 3014:4; 3290:15

testimony [5] - 3024:24;

3064:12; 3118:19; 3138:25

testing [4] - 3158:17; 3161:5;

3251:3; 3267:9

text [8] - 3132:6; 3159:12;

3312:8; 3314:20; 3315:4;

3316:9, 11

THAN [2] - 2985:6; 3177:18

THAT [18] - 2985:4, 9-10, 14,

16, 19; 2986:5, 9; 3177:15;

3178:8, 10; 3192:14;

3226:8; 3256:16; 3261:8;

3289:15

THE [162] - 2976:1, 3, 5-6,

8-9, 11; 2980:5, 9, 12, 17,

20, 22-23; 2981:3, 24;

2982:2, 4, 7, 9, 11-12,

14-16, 19; 2983:13, 18, 20,

22; 2984:6; 2985:4-6, 10,

14, 16, 18-20, 23; 2986:4,

8-9; 2987:4, 8, 14, 23;

2988:8, 11; 2989:15, 21;

2990:8, 12; 3055:12, 16,

22; 3065:3, 9; 3066:23;

3067:11; 3073:21, 25;

3074:1; 3086:9; 3087:3,

12, 17, 22; 3088:6;

3089:19; 3093:11, 15, 21;

3095:22, 24; 3104:7, 11,

13, 18, 23; 3107:18;

3109:14; 3115:17;

3118:24; 3120:15, 23;

3122:3, 7, 12, 20; 3123:6,

15; 3131:12; 3141:1;

3152:12, 18; 3153:3;

3162:15, 17; 3172:2, 9;

3177:15, 19; 3178:10;

3179:11; 3192:14, 20, 24;

3193:5; 3201:12, 16;

3222:3, 6, 10, 12; 3226:9;

3237:23; 3238:2, 13;

3248:6, 9-10; 3256:14, 17,

20; 3261:5, 25; 3262:6, 12,

16, 20; 3263:3, 10; 3264:2,

6; 3278:1; 3289:14, 16;

3290:19; 3291:3, 12;

3301:15, 21, 25; 3326:1, 4

themselves [11] - 3011:14;

3039:23; 3050:8; 3051:7;

3081:7; 3085:8; 3092:18;

3096:4; 3097:7; 3206:18

theory [2] - 3265:12; 3285:14

there'd [3] - 3224:19;

3246:13; 3309:2

there'll [8] - 3128:3; 3136:21;

3207:25; 3216:14;

3258:19; 3259:4; 3264:19;

3304:25

THERE'S [4] - 2985:8, 13;

3178:8; 3192:12

thereafter [1] - 3327:9

THEREFORE [2] - 2985:22;

3256:19

therefore [9] - 3000:13;

3047:8; 3061:6, 14;

3064:8; 3133:13; 3152:2;

3200:10; 3273:5

therein [1] - 3113:13

thesis [1] - 3026:3

THEY [2] - 2985:10; 3178:10

they've [12] - 3007:15;

3051:5; 3128:21; 3148:9,

16; 3190:7; 3228:17;

3267:18; 3268:4; 3298:17;

3299:17

thinking [3] - 3068:3;

3192:21; 3308:11

third [6] - 3207:15; 3208:16;

3226:24; 3250:5; 3257:24

thirdly [1] - 3264:25

THIS [2] - 2985:21; 3256:18

Thomas [1] - 2978:23

Thonney [1] - 2977:20

thorough [3] - 3009:13;

3074:14; 3241:17

thoughts [1] - 3111:5

thread [1] - 3246:18

threatened [1] - 3143:9

threats [2] - 3126:20, 23

three [23] - 2994:24; 2995:4;

3005:22; 3034:16; 3045:5;

3085:13; 3086:19;

3096:17; 3101:11;

3111:23; 3178:1; 3187:11;

3191:10; 3193:13;

3196:16; 3207:5, 9;

3244:11; 3270:12;

3311:22, 24; 3320:22;

3325:10

THREE [2] - 2985:9; 3178:8

three-hour [1] - 3045:5

threshold [6] - 3109:20, 22;

3110:25; 3111:6; 3112:16

thresholds [16] - 3109:20;

3110:17, 24; 3111:16, 18,

20, 23; 3112:1, 5, 8, 12-13,

15; 3116:13; 3324:14, 22

throated [1] - 3125:20

throughout [12] - 3010:18;

3011:24; 3014:20;

3015:11; 3019:9; 3045:25;

3139:10; 3229:2; 3311:21;

3312:7, 9; 3315:5

thrown [1] - 3273:16

Thursday [2] - 3121:22;

3326:8

THURSDAY [1] - 2982:19

tie [4] - 3317:16; 3322:21,

24; 3323:8

tied [3] - 3068:22; 3317:21;

3322:18

tier [1] - 3271:8

TIER [3] - 3272:24; 3273:3,

14

TIER-IV [3] - 3272:24;

3273:3, 14

timber [1] - 3040:25

time..." [1] - 3110:18

timeframe [4] - 3197:6;

3284:25; 3285:22, 24

timeline [1] - 3229:3

timing [1] - 3286:7

tiny [2] - 3170:9; 3184:10

tissue [1] - 3227:10

title [3] - 3076:18; 3167:12;

3170:4

titles [1] - 3257:6

TO [51] - 2976:1, 18;

2981:23; 2982:6, 19;

2983:13, 16; 2984:9;

2985:4, 8-10, 12, 14, 16,

18-22; 2986:3, 5, 8-9;

3090:3; 3120:22; 3162:17;

3172:7; 3177:15; 3178:7,

9-10; 3192:11, 14-15;

3226:8; 3256:14, 16-17,

19; 3261:4, 7; 3262:4;

3289:14

today [24] - 2991:9; 3025:25;

3041:16; 3090:11; 3092:6;

3097:1; 3100:10; 3101:11;

3129:16; 3169:21; 3179:1,

5; 3194:2; 3200:12;

3220:2; 3224:7; 3225:2;

3230:10; 3235:12;

3242:11, 15, 18; 3274:20;

3291:9

today's [2] - 3100:17;

3242:21

together [11] - 2978:20;

3022:11, 16-17; 3038:22;

3042:19; 3195:5; 3246:17;

3261:16; 3265:11

TOGETHER [11] - 2980:6,

10, 13, 18, 22; 2981:3;

2988:12; 2989:21;

2990:13; 3055:22; 3073:25

tolerance [2] - 3117:11;

3118:7

tomorrow [1] - 3094:21

tonight [1] - 3278:18

took [12] - 3025:24; 3046:11;

3047:14; 3050:11;

3084:24; 3187:2; 3212:25;

3213:6; 3214:14; 3278:16;

3318:21

tool [11] - 3115:25; 3116:12;

3134:8; 3135:1, 11;

3137:1, 9, 19; 3150:14;

3301:6

toolbox [3] - 3135:1;

3137:15; 3149:7

tools [4] - 3137:8, 14;

3149:6; 3150:16



45

top [3] - 3190:21; 3219:8;

3282:22

topic [4] - 2996:16; 3113:23;

3133:18; 3209:8

Tore [1] - 2979:3

total [14] - 3158:14, 18;

3159:4; 3160:4, 9;

3190:5-7, 10-11, 13;

3268:6

TOTAL [1] - 2979:8

Total [4] - 2992:11; 3115:20;

3116:5; 3117:9

totally [2] - 3016:17; 3062:6

touch [2] - 3007:3; 3115:5

Tough [2] - 2977:17; 3024:21

tough [1] - 3051:13

towards [5] - 3111:13;

3125:2; 3154:2; 3163:24;

3315:19

Towers [1] - 3031:21

towers [1] - 3031:21

toxic [3] - 3187:5, 10, 12

toxicity [3] - 3158:17;

3161:9; 3188:8

toxicology [4] - 3099:10;

3200:4, 7, 18

Toxicology [1] - 3091:17

toxics [1] - 3176:14

toys [1] - 3072:25

trace [2] - 3271:21, 24

track [2] - 3073:12; 3163:9

traction [1] - 3043:14

traders [1] - 3035:8

traditional [22] - 2991:24;

2996:24; 2997:2, 9, 17, 22;

2999:19; 3001:16;

3008:15; 3009:6; 3021:13,

19-20; 3030:20; 3031:11;

3063:4; 3076:25; 3079:8;

3306:22; 3307:3

Traditional [3] - 2992:14;

3005:8; 3074:14

traditions [1] - 3035:12

trails [1] - 3063:4

trained [1] - 3075:12

training [2] - 3037:25;

3061:14

trajectories [1] - 3324:10

trajectory [5] - 3111:8;

3112:10; 3124:25;

3163:21, 23

transcribed [1] - 3327:9

transcript [3] - 3117:17;

3130:15; 3327:10

TRANSCRIPT [2] - 2983:9;

3119:4

transcripts [3] - 3009:11, 14;

3010:15

Transfer [2] - 3021:3;

3084:20

transfer [1] - 3277:13

transition [1] - 3272:23

translated [1] - 3153:14

transparent [2] - 3251:6;

3258:10

transport [1] - 3185:11

Transport [5] - 3090:5;

3103:5, 10, 14, 16

TRANSPORT [2] - 2981:21;

3089:15

transportation [1] - 3163:15

transported [1] - 3185:8

trap [4] - 2998:20; 3010:21;

3011:16; 3031:3

Trapline [2] - 2995:23;

3021:5

trapline [29] - 3000:14, 25;

3001:5, 23-24; 3003:3, 24;

3004:2, 16; 3006:3;

3011:7, 23; 3012:6;

3013:10, 17-18; 3021:16,

18, 21; 3022:12; 3024:13;

3027:8; 3028:3; 3030:18,

25; 3032:10, 17; 3059:4

traplines [17] - 2993:21;

2997:12, 24; 3000:5, 12;

3004:12; 3013:22;

3021:12; 3022:3, 9, 21, 23;

3027:21; 3031:1, 6;

3056:12; 3074:8

trapped [3] - 2998:9, 22;

3022:10

trapper [1] - 3001:9

trappers [9] - 2997:1;

3000:11; 3023:10-12, 16;

3032:5, 19, 22

trapping [7] - 2997:13;

3003:7; 3009:7; 3023:21;

3074:8; 3079:18, 23

trappings [1] - 3085:18

travel [8] - 3010:21; 3011:25;

3015:20; 3022:17;

3045:23; 3062:18;

3121:24; 3185:9

travelled [1] - 3033:23

travelling [1] - 3034:1

treat [1] - 3267:8

treaties [1] - 3084:19

treatment [2] - 3276:10, 14

Treaty [7] - 3028:18;

3081:19; 3300:24;

3306:23; 3307:4; 3312:25;

3314:24

trend [4] - 3215:19; 3216:18,

22; 3217:18

Trends [1] - 3179:24

trends [3] - 3217:21; 3234:7;

3324:1

Trevis [1] - 2977:20

Trial [1] - 3048:21

tributaries [2] - 3198:23;

3213:4

trickles [1] - 3181:15

tried [1] - 3221:20

trigger [3] - 3116:7, 23;

3324:15

trip [2] - 3033:24; 3197:10

Triple [1] - 3049:3

trophic [1] - 3287:1

trouble [1] - 3116:23

trucks [2] - 3272:24; 3273:3

true [14] - 3003:10; 3173:4;

3181:4; 3211:25; 3223:25;

3228:11; 3231:2; 3234:13;

3258:13; 3296:18; 3297:4;

3324:5, 9; 3327:9

truth [1] - 3010:14

truthful [1] - 3010:12

truthing [1] - 3074:15

try [12] - 2988:24; 2994:10;

3039:24; 3069:16; 3078:3;

3093:12; 3141:2; 3262:25;

3267:20; 3268:13;

3319:20; 3325:1

trying [28] - 3019:9; 3056:24;

3073:5; 3086:4; 3138:7;

3161:2, 8, 10, 22; 3162:7;

3196:12; 3204:8; 3218:2;

3260:8; 3268:2; 3293:12,

15; 3297:13; 3303:3;

3304:23; 3305:25; 3312:6;

3313:4, 10; 3314:25;

3316:24; 3317:16; 3323:5

tubs [1] - 3072:25

Tuesday [4] - 3121:20;

3122:8, 17; 3193:8

turn [18] - 3020:9; 3033:22;

3104:6; 3105:24; 3106:15;

3145:18; 3170:7, 20;

3208:13; 3233:20;

3234:18; 3243:25;

3248:14; 3251:16;

3270:19; 3291:16;

3318:20; 3325:22

turned [1] - 3298:5

turning [9] - 3090:19;

3139:17; 3167:22;

3169:21; 3203:6; 3211:3;

3236:4; 3264:8; 3306:14

Turning [1] - 3167:10

twelve [1] - 3285:5

twinkle [1] - 3317:3

two [36] - 2988:6; 2992:2;

3018:4; 3022:21; 3028:14;

3032:19; 3041:6; 3042:16,

23; 3045:5; 3047:11;

3079:13, 16; 3082:19;

3087:4; 3090:18; 3111:20;

3123:3, 9; 3155:3; 3161:4;

3163:14; 3164:22;

3184:17; 3187:17; 3213:6;

3214:19; 3244:11; 3255:7;

3258:17; 3259:5; 3261:16;

3276:23; 3282:3, 7;

3313:20

two-acre [1] - 3032:19

two-and-a-half [1] - 3045:5

two-day [1] - 3123:3

two-pronged [1] - 3161:4

twofold [2] - 3219:17;

3290:21

type [14] - 3066:5; 3071:13;

3112:2; 3135:12; 3189:24;

3214:22; 3255:12; 3269:6;

3305:16, 20-21; 3323:11,

13

types [4] - 3032:22; 3083:14;

3266:21; 3292:12

typical [2] - 3185:12; 3286:9

typically [4] - 3084:7;

3268:14; 3285:17, 21

typo [1] - 3057:23

U

ultimate [2] - 3049:14;

3290:24

ultimately [1] - 3314:13

UN [1] - 3132:3

unable [2] - 3012:7; 3235:4

uncertain [3] - 3126:12;

3304:16; 3305:2

uncertainties [11] - 3204:16,

18, 20-21, 23; 3264:9, 15,

24; 3265:6, 16

uncertainty [26] - 3112:4, 11,

14; 3124:18; 3125:4;

3204:12; 3205:6; 3212:5;

3223:1; 3233:7; 3265:14,

24; 3266:16, 19-24;

3267:2, 6; 3268:3, 7, 9;

3269:9

unclear [1] - 3140:23

under [59] - 2988:16;

2990:22; 3020:6; 3060:22;

3062:5, 25; 3063:20;

3068:8; 3075:2; 3076:9;

3084:3; 3096:7, 25;

3102:17; 3103:17, 23;

3104:2; 3106:17; 3114:1,

7, 17, 21; 3119:17; 3130:8;

3131:16; 3132:3; 3138:15;

3141:20; 3143:9, 23, 25;

3144:3, 8-9; 3145:12, 24;

3146:22; 3163:2; 3208:16;

3211:20, 24; 3239:16;

3246:12; 3259:25; 3260:4;

3288:6; 3289:6; 3290:25;

3306:6, 15; 3307:9;



46

3309:17; 3310:9, 16-17,

23; 3321:22

under-capacity [1] - 3075:2

underestimated [8] -

3213:13; 3214:16; 3215:4;

3273:7; 3274:19, 21, 25;

3275:8

undergo [1] - 3184:21

underlain [1] - 3295:12

underline [1] - 3316:8

underneath [2] - 3060:6;

3106:1

understated [1] - 3272:20

understood [5] - 3026:3;

3080:12; 3087:7; 3230:13;

3242:16

undertake [11] - 3129:20;

3177:8, 13; 3178:5;

3194:7; 3195:12; 3200:21;

3203:24; 3255:21;

3256:10; 3289:4

undertaken [13] - 3165:15;

3180:6, 8; 3195:14;

3221:10; 3222:18;

3225:20; 3226:5; 3231:6;

3259:14; 3260:22;

3265:21; 3272:7

UNDERTAKEN [4] - 2985:17;

2986:3; 3226:9; 3261:4

undertakes [1] - 3259:16

UNDERTAKING [14] -

2985:4, 8, 12, 16, 18;

2986:3, 7; 3177:15;

3178:7; 3192:11; 3226:8;

3256:14; 3261:4; 3289:13

undertaking [20] - 3009:14;

3086:22; 3130:13, 17, 21;

3131:2, 19; 3132:10;

3162:5; 3178:14; 3191:25;

3194:4; 3201:25; 3226:3,

16; 3253:16; 3257:11;

3260:21; 3266:6; 3289:11

undertakings [1] - 3130:22

UNDERTAKINGS [2] -

2985:1; 2986:1

undertook [2] - 3024:10;

3222:24

underway [3] - 3175:14;

3197:4; 3198:19

undisturbed [1] - 3277:11

unextinguished [1] -

3076:17

unfamiliar [1] - 3045:9

unfortunate [3] - 3014:3, 9;

3018:15

unfortunately [12] - 2994:7;

3005:6; 3006:18; 3010:7;

3030:25; 3031:13, 15;

3078:12; 3098:7; 3129:15;

3148:3; 3170:8

unfulfilled [1] - 3042:8

unhelpful [1] - 3258:5

uninterpreted [1] - 3259:6

unique [1] - 3136:5

unit [1] - 3246:18

Unit [1] - 3097:11

United [1] - 3129:13

units [2] - 3108:22, 24

university [1] - 3054:20

University [7] - 2991:13, 15,

17; 2993:3; 2994:2;

3021:8; 3030:13

unknown [2] - 3304:6;

3324:18

unless [2] - 3205:25;

3235:22

unlike [1] - 3072:20

unmeasurable [1] - 3286:12

unmeasured [1] - 3228:10

unreasonable [1] - 3162:3

untouched [1] - 3281:14

unusual [1] - 2988:8

up [96] - 3000:10; 3002:4;

3004:3, 6, 11; 3006:22;

3010:25; 3012:18; 3022:1,

9; 3024:4; 3026:6, 16;

3036:10; 3039:10;

3040:21; 3041:8, 22;

3045:19; 3046:4; 3051:4;

3052:2; 3053:19; 3056:11;

3057:10, 12; 3059:18;

3067:5; 3070:18, 23-24;

3076:4; 3077:9; 3080:10;

3081:18; 3082:4; 3083:24;

3097:7; 3101:14; 3108:12;

3110:11; 3115:6; 3121:19;

3126:6; 3131:9; 3139:15;

3153:22, 24; 3155:9;

3159:12, 18; 3189:22;

3193:12; 3197:6; 3202:18,

20; 3204:9, 14, 19; 3205:6,

9; 3210:7; 3216:13;

3217:13, 17; 3220:8;

3221:21; 3231:7; 3242:15;

3243:15; 3254:5; 3262:25;

3267:23; 3278:7; 3286:4;

3295:14; 3296:6, 8, 16, 22;

3298:25; 3299:24; 3306:4,

7; 3308:25; 3310:15, 22,

24; 3319:12; 3320:12;

3321:19, 23; 3323:2, 6

update [1] - 3158:10

updated [1] - 3153:14

upgrader [4] - 3183:20;

3186:15, 18; 3188:2

upgraders [5] - 3183:7, 18,

25; 3186:7; 3187:3

upgraders" [1] - 3183:22

upgrading [1] - 3188:24

upheld [1] - 3039:15

upland [4] - 3124:13;

3127:12, 19; 3128:9

upshot [1] - 3187:5

uptake [1] - 3202:7

uptaken [1] - 3229:1

upwards [1] - 3013:24

usable [1] - 3285:7

USE [2] - 2983:12; 3153:6

useful [6] - 3022:19;

3122:18; 3153:18;

3187:14; 3191:21; 3256:23

usefulness [1] - 2995:24

users [1] - 3023:22

uses [6] - 2997:10; 3079:1;

3264:25; 3276:9, 13

utility [1] - 3118:21

utilize [2] - 3282:16; 3315:16

utilized [1] - 3287:7

utilizing [1] - 3316:1

V

vague [1] - 3130:18

validate [3] - 3268:11, 20;

3275:13

validated [3] - 3258:19;

3259:1; 3266:12

valuable [6] - 3001:4;

3028:12; 3030:15;

3115:25; 3137:1

value [8] - 3113:16, 20;

3134:3; 3136:9; 3232:8;

3233:4; 3235:23; 3256:4

van [1] - 2977:17

Variability [1] - 3143:1

variability [2] - 3216:16;

3237:1

variable [1] - 3161:10

variables [1] - 3217:15

Variation [5] - 3116:8, 11;

3117:3; 3143:7, 11

variations [1] - 3207:20

variety [2] - 3126:23; 3160:5

various [21] - 2991:23;

3049:15; 3056:5, 12;

3058:14; 3060:5, 7;

3114:8, 18; 3116:16;

3175:13; 3179:22;

3194:14, 17, 22; 3200:19;

3219:3; 3258:19; 3312:12;

3314:12

vary [4] - 3111:20, 23;

3112:1

vegetation [7] - 3128:9;

3227:18; 3228:11, 20, 25;

3229:14; 3284:19

vehicle [4] - 3035:22; 3271:9,

15; 3274:4

venue [4] - 3027:3; 3121:9,

11; 3193:8

verify [4] - 3025:5; 3130:4;

3132:6, 8

verifying [1] - 3303:23

version [4] - 3070:5;

3091:11; 3272:14

versus [4] - 3259:7; 3270:12;

3313:8; 3322:17

veterans [1] - 3042:7

vetted [3] - 3182:1, 7;

3196:23

viable [2] - 3117:6; 3282:13

vice [1] - 2990:3

vice-president [1] - 2990:3

Victor [1] - 3001:8

victories [1] - 3049:14

view [6] - 3131:1; 3206:24;

3256:11; 3280:15, 17;

3281:11

views [1] - 3043:21

village [3] - 3078:20; 3081:2;

3082:5

villages [8] - 3077:20;

3078:16, 18-19; 3079:13,

15, 17, 25

violating [1] - 3323:6

violation [1] - 3322:8

violations [1] - 3310:3

VIRC [3] - 2981:16; 3089:4;

3146:18

Virc [3] - 3097:25; 3098:2;

3146:10

virtually [1] - 3013:21

visit [1] - 3002:11

visited [1] - 3022:10

VOC [3] - 3275:7, 14, 20

VOCs [4] - 3102:7; 3275:3;

3276:15; 3277:1

voice [5] - 3035:2; 3081:10;

3082:6

voices [2] - 3007:19; 3081:10

volatile [1] - 3276:16

Volatile [1] - 3102:8

volatility [1] - 3276:12

Vollema [1] - 3103:13

VOLLEMA [2] - 2981:22;

3089:17

VOLUME [1] - 2976:17

volunteer [3] - 3019:18;

3054:14; 3074:25

volunteers [1] - 3054:13

vote [1] - 3085:17

voted [2] - 3048:25

W

wager [1] - 3269:15

wagons [1] - 3003:19

waiting [2] - 3082:3; 3199:3



47

walleye [1] - 3287:18

Walter [1] - 3058:22

Wang [3] - 2977:16; 3101:20

WANG [2] - 2981:20;

3089:13

wants [2] - 2993:8; 3031:5

Warbler [1] - 3125:20

warmer [2] - 3171:3, 17

warranted [1] - 2999:3

WAS [4] - 2985:19, 21;

3256:16, 18

waste [1] - 3101:24

water [58] - 3012:2; 3015:16;

3060:14; 3061:20;

3098:15, 22-23; 3099:4,

11; 3102:5, 7; 3140:2;

3158:6; 3159:5, 9; 3160:8,

12, 24; 3174:16, 21;

3175:2; 3188:6, 12;

3189:4; 3198:23; 3208:15,

17, 19; 3209:3, 7, 9, 11,

23; 3210:9, 13, 15, 23;

3211:9, 16; 3212:13;

3213:22; 3214:23;

3219:21; 3221:16; 3223:6,

13, 17; 3224:18; 3225:6;

3251:24; 3252:7; 3265:4;

3276:17; 3279:13

Water [10] - 3098:20;

3099:14; 3161:23;

3186:23; 3199:21;

3210:18; 3211:4, 21;

3220:11; 3237:21

water-groundwater [1] -

3265:4

WATERBIRD [2] - 2983:18;

3201:16

waterbodies [3] - 3227:4;

3232:3; 3283:19

Waters [1] - 3103:13

waters [5] - 3160:6; 3201:3;

3264:18; 3320:14

watershed [3] - 3205:2;

3281:16, 19

watt [1] - 3176:17

Watt [4] - 3099:25; 3100:1;

3176:1; 3270:23

WATT [3] - 2981:16; 3089:5;

3176:19

ways [6] - 3076:12; 3159:10;

3160:14; 3206:16; 3210:3;

3259:5

WBEA [4] - 3250:9; 3272:9,

12, 16

Weapons [1] - 3079:11

weather [2] - 3140:2, 6

website [1] - 3153:17

Wednesday [6] - 2987:1;

3121:7, 19, 23; 3122:4, 19

WEDNESDAY [1] - 2980:3

week [8] - 3021:11; 3067:19;

3091:18; 3098:7; 3121:7;

3123:4; 3193:6, 21

weekend [3] - 3007:9;

3014:5; 3058:12

weekends [2] - 3020:2;

3074:25

weeks [4] - 3022:21;

3042:23; 3054:1; 3181:14

well-established [1] -

3189:14

west [1] - 3287:17

western [1] - 3034:16

Western [1] - 3035:8

Westman [1] - 2979:9

wetland [3] - 3128:2; 3129:3

Wetland [1] - 3299:14

wetlands [2] - 3136:20;

3151:14

whereas [1] - 3264:18

whereby [3] - 3042:4, 11;

3047:25

WHEREOF [1] - 3327:13

WHETHER [8] - 2985:22;

2986:3, 7-8; 3256:20;

3261:5; 3289:13, 15

WHICH [2] - 2985:8; 3178:8

white [3] - 3000:13, 21;

3013:20

whitefish [1] - 3287:20

whole [14] - 3018:15;

3026:15, 17; 3043:14;

3055:6; 3075:20; 3076:16;

3077:23; 3078:20;

3081:23; 3182:12; 3217:4;

3250:22

WIACEK [17] - 2981:17;

3089:6; 3105:14; 3110:14;

3119:10; 3124:6; 3132:21;

3133:25; 3140:4; 3142:25;

3149:11, 19; 3154:14;

3295:9; 3304:3; 3306:6;

3324:6

Wiacek [10] - 3097:18, 20;

3105:20; 3108:16;

3125:24; 3133:6; 3134:25;

3135:16; 3295:7; 3303:23

wide [2] - 3170:6; 3221:14

Wide [1] - 2992:19

wife [2] - 3031:25; 3058:18

wild [1] - 3171:6

wildfires [1] - 3171:19

wildlife [22] - 3040:24;

3097:14, 22; 3098:5;

3105:13; 3112:21;

3114:11; 3115:8; 3127:14,

17-18; 3128:7; 3143:2;

3144:25; 3146:4; 3174:22;

3200:4, 7, 18; 3296:1

Wildlife [1] - 3199:15

WILL [2] - 2986:9; 3289:15

WILLIAM [2] - 2981:13;

3088:23

William [10] - 3007:8;

3009:17; 3010:7; 3028:7;

3031:18, 25; 3058:7, 12;

3059:1; 3098:19

willing [4] - 3008:8; 3010:13;

3210:23; 3267:24

wind [3] - 3254:18; 3255:1;

3261:21

winding [1] - 3255:25

Winnipeg [2] - 3003:15;

3040:19

winter [4] - 3010:24; 3045:4;

3106:8; 3107:11

wintering [1] - 3126:22

winters [1] - 3010:21

wise [1] - 3252:21

wish [3] - 3094:15; 3095:14,

18

wishes [1] - 3258:22

WITH [19] - 2980:6, 10, 13,

18, 22; 2981:3; 2985:8, 10,

18, 22; 2988:12; 2989:22;

2990:13; 3055:22;

3073:25; 3178:7, 10;

3256:14, 20

withdraw [1] - 3224:17

withdrawal [4] - 3210:9, 24;

3211:16; 3212:13

withdrawals [15] - 3208:15,

20; 3209:3, 7, 23; 3210:13,

15; 3211:9; 3219:21;

3221:16; 3223:6, 13, 17;

3225:6

withdrawing [3] - 3209:9,

11; 3211:17

withdrew [1] - 3035:3

withstand [2] - 3116:18;

3241:1

witness [15] - 3045:23;

3057:5; 3092:24; 3095:9;

3096:5; 3098:8; 3113:15;

3115:20; 3118:15, 18;

3130:16; 3174:2; 3238:9;

3291:4, 8

WITNESS [10] - 2980:13, 18,

23; 2981:3, 7; 2990:13;

3055:23; 3074:1; 3088:11;

3327:13

witnesses [20] - 2990:19;

3041:22; 3049:19; 3087:5;

3088:2; 3089:22; 3090:11,

16; 3092:6, 25; 3093:7;

3094:10, 13, 18, 25;

3096:22; 3226:16; 3290:9,

14

WITNESSES [2] - 2981:5;

3087:15

woman [1] - 3025:16

wonder [4] - 2987:5, 14;

3306:16; 3325:24

wondering [21] - 3050:1;

3104:21; 3141:6; 3152:10;

3162:4; 3172:22; 3192:18;

3201:10; 3211:19;

3221:24; 3238:5; 3260:16;

3280:25; 3295:4, 24;

3302:17; 3306:25;

3308:15; 3309:13;

3311:25; 3312:4

Wood [4] - 2979:3; 3026:13;

3029:9; 3137:22

wood [1] - 3040:25

woodland [1] - 3098:3

Woodland [1] - 3146:14

word [7] - 3049:22; 3051:13;

3086:1; 3130:17; 3234:23;

3277:8

words [2] - 3159:20; 3238:23

workout [1] - 3161:3

works [4] - 3013:15; 3052:2;

3085:1; 3259:18

world [2] - 3241:5; 3251:5

World [1] - 3289:21

world-class [1] - 3251:5

worried [1] - 3062:7

worries [4] - 3015:16;

3069:3, 8; 3070:12

worry [1] - 3069:5

worth [1] - 3224:9

worthwhile [1] - 3204:9

WOULD [2] - 2985:14;

3192:14

wrap [1] - 3298:25

writing [3] - 3007:12; 3264:3

WRITTEN [4] - 2985:13;

3192:13

written [9] - 2995:1; 3090:7;

3091:1; 3095:3; 3101:12;

3180:7; 3192:5; 3314:20

wrote [2] - 3212:21; 3252:11

Y

Yanik [1] - 3058:18

year [19] - 3042:18; 3043:7;

3048:20; 3140:15; 3154:7;

3158:12, 21; 3163:6;

3165:24; 3166:23; 3167:6;

3181:15; 3189:13;

3190:12; 3197:23; 3199:7;

3218:20; 3266:2; 3277:1

years [48] - 2992:2; 3003:20;

3007:16; 3012:2; 3018:4;

3035:7; 3036:16; 3038:13;

3041:11; 3046:1; 3049:11;

3071:8; 3081:17; 3082:1,



48

20; 3085:14; 3155:3;

3162:2; 3190:12; 3191:9;

3216:24; 3227:11; 3229:5,

9; 3232:25; 3233:12;

3236:21, 23; 3246:7, 23;

3265:8; 3270:11-13;

3284:4, 24; 3285:5;

3286:10, 16, 20; 3287:7, 9;

3318:5, 9, 13; 3325:10

Yellow [1] - 3154:23

yellow [2] - 3155:6; 3157:5

Yellowknife [1] - 3100:6

yesterday [27] - 2988:5, 16,

21; 2992:4, 23; 3003:2;

3005:3, 13, 21; 3012:11;

3014:24; 3015:1; 3016:23;

3019:18; 3025:13; 3027:9;

3049:18; 3062:14;

3086:15; 3094:8; 3199:17;

3200:14; 3253:12;

3289:19; 3290:8; 3291:11

yesterday's [1] - 3024:24

Yetimgeta [1] - 2977:15

younger [1] - 3286:6

yourself [1] - 3110:16

Yukon [1] - 3171:11

Z

Zalik [1] - 2979:11

zero [1] - 3264:17

Î

Île-à-la-Crosse [3] - 3077:6;

3079:15, 22

in the matter of the joint review panel (joint panel ... · robert j. mueller, board counsel ms....

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