20190611 CNA RBT2 Panel Submission Final

Roberts Bank Terminal 2 Panel Submission

Cowichan Tribes, Halalt First Nation, Stz’uminus First Nation

Cowichan Nation Alliance

ROBERTS BANK TERMINAL 2 PANEL SUBMISSION

June 6, 2019

Dear Chair Beaudet, Dr. Levy, and Dr. Steyn

Cowichan Tribes, Halalt First Nation, Stz'uminus First Nation

On behalf of Cowichan Tribes, Stz'uminus First Nation, and Halalt First Nation, please accept our submission to your Panel regarding the potential impacts of the Roberts Bank Terminal 2 (RBT2) project on the culture and livelihood of our communities.

As member communities of the Cowichan Nation, and active representatives of the Cowichan Nation Alliance (CNA), our submission to you - the Panel - is part of a sustained effort on our part to ensure and reinforce our asserted Aboriginal Rights and Title, which extend into and beyond the RBT2 project area. How decisions are reached on projects such as these reflect the process and progress of reconciliation, including how the principles of the United Declaration on the Rights of Indigenous Peoples (UNDRIP),

Section 35 of Canada's own Constitution Act 1982, and first and foremost our indigenous laws and protocols are upheld.

The proposed Roberts Bank Terminal 2 project and the associated vessel traffic have potential to impact the ability of our communities to exercise their Aboriginal Rights to fish and harvest and threatens to further alienate our cultural connection with the land, water, and all living things in the Salish Sea, including the threatened Southern Resident Killer Whales.

This submission contains further detail on the impacts this project could bring to our communities and concerns around the methodology of the Environmental Impact Statement used to assess those impacts. We are greatly concerned with both the scientific approach to the assessment as well as the understanding of Indigenous values; assessing a project's impacts is a subjective, value-laden process that requires a deep understanding of what our Aboriginal practices mean to the sustainability of our communities and our culture, and how critical that is to our wellbeing.

We ask that you review this submission with an open mind and an open heart, and consider it's impacts

in the context of all industrial and vessel activity in the Salish Sea that is impeding our ability to practice

our culture.

Huy tseep q'u

Chief John Elliot

Stz'uminus First Nation

Chief William Seymour Chief James Thomas

Cowichan Tribes Halalt First Nation

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ROBERTS BANK TERMINAL 2 PANEL SUBMISSION Cowichan Tribes, Halalt First Nation, Stz’uminus First Nation

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Table of Contents 1. Background ........................................................................................................................................... 4

1.1. The Cowichan Nation .................................................................................................................... 4

1.2. Marine Territory ............................................................................................................................ 6

1.3. Community Profiles ....................................................................................................................... 6

1.3.1. Halalt First Nation ................................................................................................................. 6

1.3.2. Cowichan Tribes .................................................................................................................... 7

1.4. Stz’uminus First Nation ................................................................................................................. 7

2. Impacts to Cowichan Nation Aboriginal Rights, Cultural Values, and Traditional Use ......................... 8

2.1. Fishing and the Impacts of Vessel Traffic ...................................................................................... 9

2.1. Q’ullhanumutsun (Southern Resident Killer Whales) and the Impacts of Vessel Traffic ............ 14

2.1. Other Marine Mammals ............................................................................................................. 16

2.2. Marine Harvesting and the Impacts of Vessel Wake Erosion ..................................................... 16

2.3. Shore Birds and the Impacts of the Project Footprint ................................................................ 19

2.4. Ecosystem Integrity and the Impacts of Invasive Species ........................................................... 19

3. Concerns regarding Vessel Incidents, Malfunctions, and Spills .......................................................... 20

3.1. Container Vessel Casualty Measures .......................................................................................... 20

3.2. Spill Response to Heavy Bunker Fuel Oil ..................................................................................... 21

3.3. Shoreline Cleanup for Oil, Hazardous Materials, and Container Debris ..................................... 21

3.4. Financial Risk and Compensation ............................................................................................... 22

4. Concerns Regarding the Assessment Process ..................................................................................... 23

4.1. Project-related marine shipping geographic scope .................................................................... 23

4.2. Cumulative Effects ...................................................................................................................... 23

4.3. Number of Vessels vs. Size of Vessels ......................................................................................... 24

5. Conclusion ........................................................................................................................................... 26

5.1. Governance ................................................................................................................................. 26

5.2. Studies and Monitoring............................................................................................................... 26

5.3. Accommodation .......................................................................................................................... 26

6. References .......................................................................................................................................... 27


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Appendices

Appendix A: Cowichan Nation Alliance Declaration for Reconciliation

Appendix B: Port Metro Vancouver: Roberts Bank Terminal 2: Cowichan Occupation and Use


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1. Background

1.1. The Cowichan Nation

The Cowichan Nation is comprised of the modern-day Hul’qumi’num speaking Indian Bands of Cowichan Tribes, Stz’uminus First Nation, Halalt First Nation, Penelakut Tribe, and Lyackson First Nation. Given the historic cultural and familial ties between the modern-day bands mentioned above, it is common practice for our communities to work together in a variety of combinations on different issues relating to our Aboriginal Rights and Title. As such, this Panel Submission is on behalf of the communities of Cowichan Tribes, Halalt First Nation, and Stz’uminus First Nation as the Cowichan Nation Alliance, while our neighbours Lyackson and Penelakut will be engaging in the Robert’s Bank Terminal 2 process independently, but with our full support. This approach does not detract from our strong history and our strong relationships currently.

The historic Cowichan Nation was an aboriginal people, nation or group before at and after the assertion of Crown sovereignty over British Columbia in 1846 (the relevant date for aboriginal title) and European contact in the early 1790s (the relevant date for aboriginal rights). Throughout all of these times, the Cowichan Nation exclusively occupied the permanent village and fishing station of Tl’uqtinus, located on Lulu Island. Our dominant presence at Tl’uqtinus permitted us to engage in extensive and year-round fishing activities, as well as in the full suite of other land-based and water-based activities throughout the surrounding areas, such as hunting for sea mammals, bird hunting, and aquatic and terrestrial plant harvesting. The historic permanent village site of Tl’uqtinus is extensively documented in both oral history and European records. To this end, Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, and Halalt First Nation are currently litigating their Title Claim to the village site location, on behalf of the Cowichan Nation and with support from Lyackson First Nation. The Cowichan Nation Alliance has issued a Declaration for Reconciliation for the Tl’uqtinus village site, outlining the intent to recover Crown-owned Tl’uqtinus lands in order to re-establish a permanent residence on the historic village lands and the associated re-establishment of cultural practices and economic participation (see Appendix A for full Declaration).

As a consequence, we have an exceptionally strong and demonstrable aboriginal right to fish, harvest, and hunt the waters at the proposed Roberts Bank Terminal 2 project, specifically in the Local Assessment Area (LAA) and a significant portion of the Regional Assessment Area (RAA), as well as nearby (e.g. the south arm of the Fraser River).

For a number of years, Vancouver Fraser Port Authority (VFPA) has been in the possession of cogent Cowichan Nation evidence that demonstrates this and establishes beyond doubt the presence of our traditional Cowichan Nation fishing grounds prior to the early 1790s and continuing into the 20th century. Indeed, the current aboriginal communal fishing licenses issued annually by Fisheries and Oceans Canada to Cowichan Nation communities continue to authorize use of the proposed RBT2 area for multiple present-day Cowichan Nation fisheries (e.g. all salmon, herring, crabs).


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The Cowichan Nation has been actively engaged in, and is on the verge of achieving, recovery of both title and rights (Cowichan Tribes et al v Canada et al, SCBC Action No 14-1027, trial scheduled to commence September 9, 2019). We have every reason to expect that our future use of the RBT2 areas for fishing, harvesting, sea mammal and bird hunting, will be even greater than it is today.

Figure 1: Detail from Great Britain, Chart #1922 'North America West Coast Gulf of Georgia - Fraser River' from a Drawing by Cpt. Emilius Simpson in H.B.C. Schooner Cadboro, 1827.

Figure 2: Detail from United States Coast Survey Chart, 'Reconnaisance of Canal De Haro & Strait of Rosario and Approaches' Geographical Positions & Triangulation by G. Dvidson Assist. Hydrography by the Party under the command of Lieut. J. Alden U.S.N. Assist., 1854.


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1.2. Marine Territory

The marine territory of the Cowichan Nation is extensive. The core marine territory, which will be used for the purposes of this submission, ranges from Gabriola Island to the north and down to the top of the Saanich Peninsula to the south, and then extends to the confluence of the South and North Arms of the Fraser River to the east, encompassing the Roberts Bank Terminal 2 Project Area as well as the associated shipping lanes. The Core Territory is shown by the thick black boundary in the Hul’qumi’num Treaty Group Statement of Intent Map in Figure 3: Core and Extended Territory, Hul'qumi'num Treaty Group Statement of Intent Map

Figure 3: Core and Extended Territory, Hul'qumi'num Treaty Group Statement of Intent Map

1.3. Community Profiles

While all three communities in this submission are part of the Cowichan Nation, Canada’s history of colonialism through the Indian Act has impacted their modern-day operations. As such, Halalt First Nation, Stz’uminus First Nation, and Cowichan Tribes have separate reserves, populations, and administrations. Further contemporary detail on each of these communities is provided in the following sections.

1.3.1. Halalt First Nation

The Xeláltxw Mustimuxw of Halalt First Nation are a Coast Salish community currently residing in the Westholme area of southeast Vancouver Island. The majority of community members live on the 109.2 hectare Halalt IR2, located to the west of Crofton, BC. Halalt IR1 is located on Willy’s Island and consists of an additional uninhabited 56.6 hectares. Further, Halalt is in the process of a Specific Claims case for the Shoal Islands next to Willy’s Island and are part of the Title Claim for the historic Tl’uqtinus village site on the South Arm of the Fraser River.


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1.3.2. Cowichan Tribes

Cowichan Tribes is the largest Indian Act Band in the province of British Columbia, with over 5,000 registered members and nine (9) reserves. The reserve land base is roughly 2400 hectares. Cowichan Tribes is made up of seven (7) traditional villages: Kw’amutsun, Qwum’yiqun’, Hwulqwselu, S’amuna, L’uml’umuluts, Hinupsum, and Tl’ulpalus.

Cowichan Tribes has a long history of allotting land parcels to individual families which persists to this day in the form of Certificate of Possession (CP) allocations and has, by comparison, one of the largest percentages of CP lands among modern-day Indian Act bands.

Cowichan Tribes is responsible for many member services, including Health, Education, Child and Family Services, Elder care, Lands, Fisheries, and Self Governance, Membership, Social Development, Treaty, Housing and Capital Projects, and overall Band Administration. Cowichan Tribes also has a limited partnership with Khowutzun Forest Services (KFS), which falls under the ownership and operation of Khowutzun Development Corporation (KDC).

Day-to-day operations deal with both on- and off-reserve issues, interests, and the un-extinguished rights central to both Cowichan Tribes and the larger Cowichan Nation.

1.4. Stz’uminus First Nation

Stz’uminus First Nation is a Coast Salish Indigenous group whose ancestors have lived around the Salish Sea for thousands of years. The Stz’uminus First Nation and its ancestors have traditionally lived in permanent villages including those of what is known today as Kulleet Bay, Sibell Bay, the lower Chemainus River and the South Arm of the lower Fraser River. The current population of Stz’uminus First Nation membership is over 1,350 members with approximately half living on Stz’uminus Reserve lands. Stz’uminus First Nation has four Reserves (1,270 Hectares) with two located in the area of Ladysmith, BC , and two located in the area of Chemainus, BC.


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2. Impacts to Cowichan Nation Aboriginal Rights, Cultural Values, and Traditional Use

Cowichan Tribes, Halalt First Nation, and Stz’uminus First Nation have used the proposed RBT2 project area and associated shipping lanes extensively, both historically and currently, for fishing and other harvesting activities. Our Aboriginal Rights in the project area have been affirmed by the Crown’s assessment of consultation with our communities on the deep end of the Haida spectrum in relations to this project.

Since time immemorial, Stz’uminus First Nation, Halalt First Nation, and Cowichan Tribes have used and relied on the ocean and its marine resources to sustain our people and culture. Within the core marine territory being used for this submission, the Cowichan Nation has recorded and asserted named places, dwellings, canoe travel routes, stories, camping sites, fishing sites, hunting sites, and gathering sites.

Community members traditionally fished for snapper, cod, flounder, shellfish, and all species of salmon, and collected salmon and herring eggs. Our communities also harvested seaweed and plants and medicines which grow near the ocean and depend on a healthy marine environment. Many of these traditional foods and medicines are still gathered today. These marine resources are important for food, social, and ceremonial purposes. They are shared throughout the community at cultural events and celebrations all year round. Fishing and harvesting are also critical avenues through which we educate younger generations about our culture and way of life.

Figure 4: Grandchildren helping with the net, photo courtesy Ray Harris


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Our communities have long shared stories about the creation of our territory and of the fish, birds, and mammals which populate them. Our culture is passed down not only through the particular practices of harvesting marine resources, but also through celebrating the water, lands and animals with songs and prayers. Overall ecosystem health, biodiversity, and integrity meant our communities had abundant resources, the ability to share amongst and between our communities, and had a sustainable economy.

The following sections provide a summary outline traditional and contemporary uses and/or cultural values of fishing, marine harvesting of shellfish, plants, and medicines, Southern Resident Killer Whales and other marine mammals, and shore birds, with further details provided in the Traditional Use Studies completed by Cowichan Tribes and Halalt in Appendix B.

2.1. Fishing and the Impacts of Vessel Traffic

Cowichan Tribes, Halalt First Nation, and Stz’uminus First Nation hold aboriginal rights to fish to an area that includes the proposed Project and shipping routes. The proposed Project footprint is in the exact area of our communities’ communal fishing licences for conducting fishing for food, social, and ceremonial purposes.

Figure 5: Fish for the winter, photo courtesy of Ray Harris


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Oral history and ethnographic sources demonstrate that our communities travelled to the mainland to fish for sockeye salmon on the Lower Fraser River and Point Roberts (Rozen 1985, p. 126). Jenness (n.d.) stated that the Chemainus people from Westholme netted humpback salmon of the mouth of the Fraser River in July and August and they “owned the fishing rights at [Tsawwassen]… for time immemorial. He also recorded a rather lengthy “First Salmon Ceremony” that the Westholme people performed over the first Sockeye salmon caught in the fishing season (Jenness in Rozen, 1985, p.126).

Further, the area around the present Tsawwassen Reserve … was used by the Island Halkomelem during the summer months. Fishing for humpback salmon, sockeye salmon, and several species of ground fish was done by a variety of methods. Some of the extended families in the Westholme area… may have had other more specific rights to fish adjacent to Tsawwassen (Rozen 1985, p. 249).

In addition to the different types of salmon, our communities also fished for sturgeon in the Canoe Pass area and nearby (Rozen, 1985, p.248) and halibut in deep areas in the Strait.

Figure 6: Sturgeon catch, photo courtesy of Ray Harris


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Figure 7: Select Important Fishing Locations highlighted in the Halalt First Nation Traditional Marine Use Study and the Cowichan Tribes Cultural Heritage Database.

Further to the traditional use found in the oral history of our communities, the members of the Cowichan Nation continue to use these areas to access Food, Social, and Ceremonial (FSC) fisheries under Aboriginal Communal Fishing Licences. These licences include areas 29-3, 29-4, 29-5, and 29-6, which are highlighted in red in Figure 8: Modified Map from Stz'uminus First Nation Aboriginal Communal Fishing Licence, licenced fishery PFMAs highlighted in red This Communal Licence is for fishing Sockeye, Chinook, Chum, Coho, and Pink Salmon in the highlighted locations, as well as additional fish species in Area 29-5.


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Figure 8: Modified Map from Stz'uminus First Nation Aboriginal Communal Fishing Licence, licenced fishery PFMAs highlighted in red

The current state of the salmon fisheries are such that our communities are no longer guaranteed food, social, and ceremonial fish every season. However, due to poor returns, our communities did not receive any food fish - so critical for our health, wellbeing and cultures – in 2015, 2016, or 2017. Community members have pointed out that they have been asked to move while fishing, and that the area appears to be designed to accommodate larger commercial vessels without consideration for fishing vessels in the area.


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Figure 9: Proposed Vessel Traffic Lanes for the Proposed Project

Given the increase in number and/or size of vessels operating directly in traditional and current use areas of the Cowichan Nation communities of Cowichan Tribes, Stz’uminus First Nation, and Halalt First Nation, we strongly disagree with the Port of Vancouver’s assessment that the potential effects to current use and Aboriginal Rights are not expected to be measurable (Marine Shipping Addendum, p 9.5-150). As shown in this section, the increase in vessel traffic will result in vessels from the proposed project operating directly in our fishing areas.


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2.1. Q’ullhanumutsun (Southern Resident Killer Whales) and the Impacts of Vessel Traffic

Killer whales (Hul’q’umi’num’: q’ullhanumutsun) and, in particular, the Southern Resident Killer Whale population hold a special place in our culture. Visual art, stories and songs are replete with depictions of and references to killer whales. Killer whales are represented in the landscape, such as with the Sea Wolf petroglyph, which protects Stz’uminus people and their territory against pollution, bad storms and raiders, and evokes teachings about the importance of maintaining kin relations. The killer whales that inhabit the Salish Sea are considered to connect both to those who have passed on and to the spirit world. Killer whales are known to assist fishermen, help in times of trouble and to provide our communities with a bountiful marine harvest. The loss of a single killer whale is devastating, and the possibility of their extirpation is unthinkable.

Figure 10: Sea Wolf Petroglyph in Q'ul'its' (left) and Depiction of Sea Wolf and the Stz’uminus Mustimuxw with the Whale (Right). Wolf transformed to “Sea Wolf” carries the reminder of the Wolf’s great gift and sacrifice to the Stz’uminus people


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There is evidence that increased marine traffic would impact the southern resident orcas. The increased noise will put even further pressure on this already endangered population. Our Elders tell us the killer whales are our cousins. Killer Whales play a very important role in the ecosystem of the Salish Sea and the life we hunt, harvest and fish within it. Beyond this, their cultural importance to our people cannot be overstated. There is no plan in place to mitigate these acknowledged impacts on the killer whales, and thus on our constitutionally protected Aboriginal rights.

Figure 11: Cultural depictions of the Killer Whale from Stz'uminus First Nation (left to right): Killer Whale and Medicine Man by Dion Daniels, Killer Whale Carving by Alfred Crocker, Raven and Killer Whale by Dion Daniels.

Stz’uminus First Nation, Halalt First Nation, and Cowichan Tribes vehemently object to recently developed initiatives aimed at addressing the impacts of marine traffic on the southern resident killer whale being dubbed as a “mitigation measure” in the absence of having experienced positive results from the initiative. Prior to an approval of yet another project known to negatively impact the southern resident killer whale, we request that initiatives be monitored for both effectiveness and for timeliness to ensure proposed initiatives are not 1)too little too late, 2)ineffective, nor 3)even more harmful than current practice.


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2.1. Other Marine Mammals

While the Southern Resident Killer Whales hold particular cultural meaning to our communities, this does not abate concerns for other marine mammals, particularly grey whales and other baleen whales, who are less able to manoeuvre around oncoming ship traffic than toothed whales.

There is traditional knowledge regarding usage and cultural significance of all whales, including grey whales which until recently were thought to be gone from the Strait of Georgia. Current community knowledge tells us that, in fact, grey whales (and humpbacks) have been returning to the inner waters of the Strait, including a sighting in Mill Bay and the discovery of a beached whale on the Saanich Peninsula. The cultural significance of such a return cannot be understated and must be considered by the proponent and CEAA in their assessment(s) of this project. The return of these whales also provides renewed opportunities to educate our younger generations and share knowledge more meaningfully, which is integral to our cultural health and wellbeing.

2.2. Marine Harvesting and the Impacts of Vessel Wake Erosion

Along with fishing, marine harvesting of shellfish, roe, plants, medicines, and other marine resources from intertidal areas is a critical subsistence and cultural component of the Cowichan Nation way of life. Shellfish and intertidal gathering occur all year round but most intensive during low tide in the summer months. Historically, various species of clams were available such as butters, littlenecks, razor, and horse clams. Other bivalves include cockles, chitons, oysters, and mussels. Dungeness crabs were also harvested in large numbers and feasted in summer get-togethers. Sea urchin was also speared in shallow waters along the shoreline. Many of these intertidal resources are either no longer available, in decline, or located in contamination closures; further damage to these resources will have major impact on both the quantity and quality of the marine harvest.

Halalt First Nation, Stz’uminus First Nation, and Cowichan Tribes hold significant concerns regarding the project-specific and cumulative impact of erosion of intertidal and foreshore areas from vessel wake and the impacts erosion might have on the critical foreshore and intertidal habitats that support our communities. Traditional and current ecological knowledge shows us that wake and the associated energy transference and material movement can be a marked detriment to eelgrass growth, forage fish availability (which in turn affects salmon health), and how, where, and how successfully shellfish populations establish and maintain themselves. Estuarine environments worldwide are among the most threatened habitats due to increased disturbances, and “boating activity is a primary disturbance, as it induces biological stress and morphological changes along the coastline …. ultimately leading to shoreline and habitat erosion” (Herbert et al., 2017)

While the Marine Shipping Addendum does provide theoretical analysis on this issue, the proponent notes that no field measurements specific to Zones 1, 2, or 3 were conducted as part of this assessment, and further that “wake generated by a moving ship was not measured as part of this assessment” (p.7.2-3). To this end, the Cowichan Nation Alliance considers the assessment of impacts from vessel wake to be incomplete.


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The Marine Shipping Addendum bases its assessment on the incorrect assertion that the energy from ship wake dissipates and is negligible when wind-generated waves are 10cm or higher. This is a massive oversimplification of assessing wave dynamics. This assumption neglects to address wave period, cumulative effects, and shoreline topography, all of which are critical factors in assessing the potential erosion impacts of vessel wake. Please note the following excerpt from Gorlay’s 2011 paper titled Notes on shoreline erosion due to boat wakes and wind waves :

“Wave period has the following effects relevant to shoreline erosion:

1. For the same wave height, water particle movement due to long-period waves is felt deeper, and water particle velocities at the seabed are larger.

2. Increasing wave period shifts the type of breaking wave from spilling, to plunging, to surging (USACE 2002), with the transitions depending on wave height and seabed slope. Therefore for gentle seabed slopes, longer wave period may shift the breaker type from spilling to powerful plunging; however for steep slopes, longer period may shift the breaker type from plunging to surging, in which much of the wave energy is reflected.

3. River bank vegetation is naturally adapted to the short period of wind waves, but not to the long periods which may be present in boat wakes. The introduction of long-period waves brings a new erosion mechanism to which riverbank vegetation may be susceptible (Macfarlane & Cox 2004).

A large 0.3m wind wave in sheltered waters will typically have a period of around 2 seconds. At this wave period, the dimensionless relative stress at 2.0m depth is very small, and no sediment movement would be expected to occur for this example situation. However, a similar size boat wave with period 3-6 seconds is seen to produce a much higher seabed stress, which exceeds the erosion threshold. Sediment concentration boat wave trials described in Macfarlane et al. (2008) showed a correlation with wave period squared, which agrees with the equation of Komar & Miller (1973) at small wave periods. At very long wave periods, as shown in Figure 2, the shear stress starts to fall back towards the erosion threshold. Therefore it might be expected that the correlation between shoreline erosion and wave period squared may lose applicability at very long wave periods (e.g. greater than 6 seconds).

[…] Due to the site-specific nature of boat waves and associated erosion, full-scale measurements remain the method of choice for assessing the erosion potential of boat waves as compared to natural processes. The basic properties of boat wakes and wind waves have been reviewed in terms of erosion potential. It appears that wave period is at least as important as wave height, due to the increased seabed particle velocities and often plunging breakers associated with long wave periods, as well as the fact that riverbanks are not naturally adapted to long wave periods.”


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In addition to wave period, the cumulative impacts of wake from multiple vessels are complex as the energy produced from multiple wakes can merge; this merging can be “constructive (resulting in higher wave heights) or destructive (resulting in decreased wave heights) depending on whether they merge crest to crest, or crest to trough. In most cases, the interaction of waves from a variety of sources results in a water surface that appears highly disordered” (Bilkovic et al., 2017). Beyond the dynamics of the waves themselves, “Shoreline geometry further influences wave energy as headlands are impacted by wave energy from a variety of directions while embayed shorelines may experience greater influences from refracted wave energy (Priestas et al. 2015 in Bilkvovic, 2017).

Even with the oversimplified assessment of vessel wake in the Marine Shipping Supplemental materials, the Proponent puts forward that wake waves larger than 10 centimetres would reach shorelines adjacent to the shipping lanes near Tumbo and Saturna Islands (40% of the time), at the western end of Stuart Island (46% of the time), and in the vicinity of Victoria, including Discovery Island (26% of the time). The Proponent has framed these numbers as ‘no more than’ a certain percentage of time, but it ought be noted that vessel wake reaching the shoreline nearly half the time in Zones 1 and 2 is not insignificant. These locations are shellfish harvesting locations for our communities; Halalt First Nation has oral history of shellfish harvesting on both Pender Island and Saturna Island, Cowichan Tribes cultural heritage database shows harvesting activities in the Chatham Islands, Discovery Island, Saturna Island, Tumbo Island (specifically Tumbo point) and Stz’uminus First Nation has oral history of shellfish harvesting on South Pender Island, Tumbo Island, and Saturna Island.

Figure 12: Segment B, Zone 1, where vessel wake will reach the shores of Saturna and Tumbo Island 40% of the time (modified from Marine Shipping Supplemental Report Figure 7.2-1)


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Saturna and Tumbo Islands, in particular, are mentioned often with regards to multiple cultural, fishing, hunting, and harvesting uses. Further, the reefs that border Tumbo Island are of particular importance for fishing and for refuge, and have not been discussed in the assessment.

Foreshore and intertidal areas are of critical importance to the communities of the Cowichan Nation; these areas have been used historically and are still currently used for subsistence harvesting of shellfish and herring roe, and the reef areas by Tumbo Island are noted as being of particular importance as an area to fish or find refuge in the event of bad weather. In addition to the critical importance of intertidal and foreshore areas for subsistence and knowledge transmission, waterfront areas are also areas of high archaeological potential, with burials being unearthed on shorelines due to erosion, further alienating Indigenous communities from their cultural places.

2.3. Shore Birds and the Impacts of the Project Footprint

Every species inevitably may have and may still serve some purpose within our communities depending on individual family histories – and, every species inevitably plays a role in overall ecosystem health which in turn supports cultural and spiritual health. The threat of this project to the Western Sandpiper and the newly found importance of the biofilm as an important component of the ecosystem is a pointed example of this issue.

In addition to the threat to the Western Sandpiper, the Roberts Bank area is a place where our communities historically hunted ducks for subsistence.

2.4. Ecosystem Integrity and the Impacts of Invasive Species

As should be made clear by the numerous factors listed in this submission, the integrity and health of all aspects of the Salish Sea are critical in maintaining cultural values and subsistence resources. All of these resources are at risk when the balance of the ecosystem is impacted by invasive species transported by project vessels.

Understanding the rigorous vessel inspection process implemented by Transport Canada, one of the major failings is the control of invasive species. Not every vessel is inspected every time it comes to port, and further, no vessel is inspected until it comes to port, leaving any invasive species issues undetected for any period of time while the ship is at anchor.

Potential for spread of invasive species which would have unknown yet likely devastating impacts on native species/ecosystems which would not only be expensive to contain/eradicate but would also lead to further loss of access and loss of opportunity that are integral to indigenous rights and how they are exercised.

The potential for impacts of invasive species that travel on ships and make it past our current inspection system should not be underestimated.


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3. Concerns regarding Vessel Incidents, Malfunctions, and Spills

Section 2 of this Submission highlights potential impacts of varying magnitude and frequency associated with project construction and daily operations. However, our communities also hold major concerns regarding the potential of spills from project vessels; either of fuel or of container contents. Recent issues with a container ship in the Atlantic only underlines the possibility of issues with containers, and Transport Canada’s Cumulative Effects process has highlighted that while it is impossible to know which ship from which project will be the point source of a spill, the occurrence of a spill with the current amount of vessel traffic is inevitable. Therefore, we must assume that said spill may originate from a vessel associated with the proposed Roberts Bank Terminal 2 project. A spill in the Salish Sea has the potential to be catastrophic to our way of life and our Aboriginal Rights.

The following subsections highlight unanswered questions from our communities regarding vessel incidents, malfunctions and spills. In absence of detailed and meaningful response to these questions, our communities consider the project assessment to be incomplete. As such, the proposed Roberts Bank Terminal 2 Project and its marine shipping supplemental report submitted by Port Metro Vancouver raise the following salient questions that have not been adequately addressed:

3.1. Container Vessel Casualty Measures

Emergency Tug Rescue: In offshore conditions, will there be timely and adequate rescue and tow of a disabled container vessel that is undertaken by a tug of adequate seaworthiness and power? If yes, will these be commercial tugs of opportunity or a dedicated response tug operated by trained and experienced crew for high seas rescue?

Salvage: Will timely and adequate salvage capability be provided for a container vessel threatened or stricken with structural failure and needing hull patching and/or container cargo removal? If yes, will the salvage services and equipment be from a company sourced internationally, or will services be provided by a salvor representative whose office resides in BC and has pre-positioned equipment strategically located for rapid deployment? What will the timelines be for each salvage service (stability analysis, fire fighting, hull patching, towing, cargo/fuel removal, shore cleanup) within the marine study area?

Potential Places of Refuge Planning and Collaboration: Will there be planning and collaboration by Transport Canada with the Cowichan Nation Alliance (CNA) on potential places of refuge within our Traditional Territory? If yes, what are Transport Canada's intentions and approaches?

Sea Conditions and Response Gaps: Are there regions and periods whereby sea conditions for daylight oil spill and/or container-debris response are not safe or ineffective within our Traditional Territory? If yes, what would be the frequency of limiting factors such as: waves, wind, fog, currents, etc. within the marine study area?


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Worst-case Vessel Casualty Assessments: As a precautionary approach are current and future environmental impact assessments for vessel casualty scenarios and associated means for mitigation to be based on worst-case analysis rather than relying on statistical analysis to render consequences and preparedness lower as "credible" or "plausible" worst-case scenarios? For risk determination and emergency preparedness purposes, what direction does Transport Canada provide to the shipping industry and for federal impact assessments in defining the nature, scale and scope of major vessel casualty's consequences?

3.2. Spill Response to Heavy Bunker Fuel Oil

Fate of Heavy Bunker Oils: Will heavy fuel oils (bunker) used by the project’s container vessels - if spilled in BC's marine temperate waters - submerge (overwash) and/or sink anywhere within the marine study area? If yes, then what is the current capability within industry and government with regards to having specialized equipment and trained personnel to realistically track and recover such oil? How is this specialized equipment and operations evaluated by regulatory agencies?

Extra Measures to Manage Stranded, Weathered Bunker Oil: Will there be a requirement to heat recovered heavy bunker fuels in BC's temperate waters in order to facilitate its transfer from recovery vessels to transport barges then to land for disposal? If yes, then what is the current capability in industry and government with regards to having specialized equipment and trained personnel to heat and transfer highly viscous, weathered bunker oil? If present, how is this specialized equipment and operations evaluated by regulatory agencies?

3.3. Shoreline Cleanup for Oil, Hazardous Materials, and Container Debris

Shoreline Cleanup Measures - Bunker Oil and Container-debris: Will ambient-temperature water flushing and deluge systems commonly used for sediment-type shore treatment be singularly effective for weathered heavy fuel oil (bunker) stranded on shore? If not effective, will these water-systems require augmenting by heated water or shore-washing agents? For container-debris is there a systematic process to field assess shoreline impacts and then to identify mitigation measures (i.e., cleanup tactics) - such as modeled after the well-established Shoreline Cleanup Assessment Techniques (SCAT) for stranded oil? If yes, where is this guideline and who has been trained?

Shoreline Response to Hazardous Noxious Substances (HNS): As a container-debris generally results in a wide-range of types and amounts of HNS (e.g., hazardous materials/dangerous goods), who will provide this specialized services for both on-shore and on-water recovery, and who will manage this mitigation measure?

Shoreline Cleanup Workforce - Bunker Oil and Container-debris: Will there be adequate number and willing shoreline workers to undertake a major cleanup of a wide-spread bunker oil spill and/or container debris field? Who is prepared to source, register, train, equip, supervise and pay for a workforce that could be in the order of several hundred to a thousand people? Has a regional or


Page 22

provincial survey been done to determine public availability, receptiveness, and composition for oil and for container debris cleanup?

Logistics: For bunker oil and/or container debris cleanup will there be adequate logistical support such as vehicles, vessels, planes, camps to transport a large shoreline workforce to remote areas within the marine study area? If yes, who will provide and manage these logistical services for a container vessel? Does provision of such services depend on if there is an oil spill?

Waste Management: Are there waste management solutions for final disposal of oily wastes, container debris of both from a container vessel casualty? If yes, what waste volumes have been considered in oil and in debris, and where are the facilities located for each of these waste streams?

Container Vessel Exercises and Planning: Has there been any provincial or national exercises and plans for managing a major loss of containers and resulting debris-field from a container vessel casualty that entails: salvage services, waste management, logistics, incident management, workforce establishment, hazardous material management, etc? If yes, when, where, and by who?

3.4. Financial Risk and Compensation

Financial Risk: Will there be financial risks for participants in Unified Command (agencies and First Nations) once a shipowner (the Responsible Party) reaches its legal limit of financial responsibility that results in the incident's management and further expenditures being transferred to government? If yes, what are these risks?

Compensation for Container Vessel Non-oil Impacts: Will Canada's compensation regime for impacts from a major container vessel casualty from its containers, debris, and/or wreckage fully compensate for natural resource damages, as well as, to CNA subsistence (non-commercial) and traditional fisheries? If yes, what are these compensation avenues?

Compensation for Container Vessel Bunker Oil Impacts: Will Canada's compensation regime for impacts from a major container vessel casualty from its bunker oil fully compensate for natural resource damages, as well as to CNA subsistence (non-commercial) and traditional fisheries? If yes, what are these compensation avenues?


Page 23

4. Concerns Regarding the Assessment Process

In addition to the concerns raised regarding specific impacts to rights via construction, operations, and potential spills and malfunctions, Halalt First Nation, Stz’uminus First Nation, and Cowichn Tribes also have concerns with the assessment process for this project, and as such we do not agree that it adequately explores the potential impacts of this project. The following subsections highlight some of these assessment methodology concerns

4.1. Project-related marine shipping geographic scope

Stz’uminus First Nation, Halalt First Nation, and Cowichan Tribes object to the Minister’s decision to limit the Project-related marine shipping to the 12 nautical mile limit of Canada’s territorial sea. Stz’uminus First Nation requests the Project-related shipping include the Exclusive Economic Zone in addition to the Territorial Sea zone. In the absence of including impacts of the proposed Project for the Exclusive Economic Zone, we will not be considered to be consulted and accommodated on the full scope of the proposed Roberts Bank Terminal 2 project.

4.2. Cumulative Effects

Will the cumulative effect of a 6% increase in Container Vessel traffic become the tipping-point that results in measurable and undesirable impacts when all project-based vessel traffic increases are taken into consideration located within both BC and the State of Washington. Only southern resident killer whales were deemed to be near such a threshold.

Cowichan Tribes’ recommendations to the NEB concerning Cumulative Effects and how they are assessed will also be relevant to Roberts Bank Terminal 2 and in fact all future projects. Effective and adequate cumulative effects assessment methodology are severely lacking across the board. As per those recommendations, Halalt First Nation, Stz’uminus First Nation, and Cowichan Tribes also submit to the panel that:

Assessment should consider all the impacts on the Salish Sea, including contamination from point and diffuse land-based sources, the multiple impacts on salmon and other fish stocks, and the impacts from all vessel traffic;

Assessment will require better incorporation of and alignment with existing and proposed federal initiatives;

Proper co-development of “short-, medium-, and long-term targets for addressing cumulative effects, including consideration of the feasibility of reducing total underwater noise, strike/collision risk of vessels with marine species, and key contaminant levels over time” is necessary;

Development of a comprehensive monitoring plan to help assess cumulative effects, determine the success of measures to manage such effects, and progress towards meeting objectives; and


Page 24

Any assessment of cumulative effects and development of management objectives will require in-depth Indigenous participation and incorporation of reconciliation and self-determination principles.

Lastly, we would like to note that no cumulative impact assessment was done for current use; this approach is unacceptable to our communities given the magnitude of the cumulative impacts felt by our communities with regards to exercising their Aboriginal Rights in the Salish Sea.

4.3. Number of Vessels vs. Size of Vessels

Throughout the assessment process, the proponent has been inconsistent with their predictions and assessment regarding vessel traffic and vessel size.

In August 2017, the Proponent outlined in IR4-01 that “Vessels greater than 15,000 twenty-foot equivalent units (TEUs) are not expected to call on RBT2 by 2030 based on the trend in fleet changes and current vessel orders, as outlined in Undertaking #1 of Orientation Session #2. The reason that the three-berth wharf for RBT2 has been designed to accept ultra-large container ships1 and assessments have been undertaken on vessels larger than 15,000 TEUs is that ultra-large vessels could reasonably be anticipated to call during the greater than 50 year life of the Project.” Further, the Marine Shipping Supplemental Report assesses marine shipping impacts based on the same assumption.

However, in 2019 the Proponent put forward an additional report, called the Mercator Study, that posited no increase in number of container vessels in the Port of Vancouver area due to an increase in vessel size. The Proponent has since relied on this projection to underscore that there would be no increase in total number of vessels in the Port area as a result proposed project – however, they are unwilling to commit to no increase in total number of container vessels. Further, in the Mercator Report, the Proponent emphasizes that the projected increase in vessels calling on the proposed project would decrease the number of vessels calling on other facilities in Burrard Inlet and the Fraser River, as shown below

Figure 13: Projected Vessel Numbers relying on Cumulative operations from Mercator Report


Page 25

However, in absence of any commitment from the facilities in Burrard Inlet and the Fraser River to decrease their operations, this ‘cumulative benefit’ is not guaranteed and should not be considered in the assessment process. It is highly unlikely that existing container facilities will operate below their capacity in a major trade area given redirection of some vessels to the proposed RBT2 site, and the modified graphic in Figure 14: Modified Ship Traffic graphic demonstrating total number of ships in absence of a commitment to decrease operations from Burrard Inlet and Fraser River terminals below. In addition, the Proponent appears willing to put forward the potential cumulative benefits of the project but unwilling to assess the potential cumulative impacts elsewhere.

Cowichan Tribes, Halalt First Nation, and Stz’uminus First Nation do not see how an adequate assessment of vessel traffic can be completed with unclear commitments and assessments of the number of vessels and the size of those vessels. We see the assessment as problematic and incomplete, which further emphasizes the issues outlined in Section 2.

Figure 14: Modified Ship Traffic graphic demonstrating total number of ships in absence of a commitment to decrease operations from Burrard Inlet and Fraser River terminals


Page 26

5. Conclusion

If approved, this Project will obstruct the exercise of our constitutionally protected fishing rights, and also prevents us from passing down cultural practices and traditional knowledge to younger generations – for eternity.

The impact of the proposed RBT2 Project on Stz’uminus First Nation, Cowichan Tribes, and Halalt First Nation will be significant and undeniable. The proposed RBT2 Project stands to take up rightful Cowichan Nation hunting, fishing, and harvesting grounds, and disrupt the pathways of migratory fish (e.g. salmon) and birds dependent upon the river system in perpetuity – for eternity.

Our communities turn to the Panel to account for these significant impacts to our wellbeing and way of life in their recommendation. To this end, we have the following concluding comments and questions regarding the Project post-approval, should it go forward:

5.1. Governance

Will the federal and provincial government be receptive to a formalized government-to-government arrangement with the CNA to guide in major vessel waterway management, cumulative impact assessments, and vessel casualty preparedness and response? If yes, what is the forum in which this can be done?

Our communities expect ongoing, funded involvement in the decision making around this project and in the Salish Sea. In absence of this involvement, the potential for impacts to our Rights increases significantly.

5.2. Studies and Monitoring

Regarding shoreline erosion, research suggests that data be “collected to identify shores vulnerable to erosion from boating, and to calibrate and validate predictive models. Data needs identified in this report include recreational boating usage patterns, boat generated wave energy and currents, shallowwater bathymetry, shoreline slope and vegetation characteristics, suspended sediment concentration as a measure of potential erosion, and shoreline erosion rates” (Bilkovic et al., 2017).

Our communities expect rigorous conditions around monitoring and validation of predictions with regards to this project, as well as clear pathways for compliance. If our communities are to depend on the proposed mitigation measures put forward by the Proponent (which are lacking) we require that they be closely monitored for effectiveness in order to truly mitigate potential impacts to our Rights

5.3. Accommodation

Given the clear, unmitigable impacts to our Aboriginal Rights, we expect commensurate accommodation to account for these impacts should the project go forward. While the Proponent has engaged with our communities regarding project related benefits, the proposed benefits agreement is in no way


Page 27

proportionate to the burden of impact that will be felt by our community. To this end, the responsibility for Accommodation lies with the Crown, and we look to Canada to address this issue directly or manage their delegation of this responsibility for effectively.

6. References

Bilkovic, D., M. Mitchell, J. Davis, E. Andrews, A. King, P. Mason, J. Herman, N. Tahvildari, J. Davis. 2017. Review of boat wake wave impacts on shoreline erosion and potential solutions for the Chesapeake Bay. STAC Publication Number 17-002, Edgewater, MD. 68 pp

Herbert, D. et al. (2018) Mitigating Erosional Effects Induced by Boat Wakes with Living Shorelines. Sustainability, 10, 436.

Jenness, D. (n.d.) The Saanich Indians of Vancouver Island. Unpublished manuscript, Ethnology Archives, National Museum of Man, Ottawa, Ontario.

Komar, P.D., Miller, M.C., 1973. The threshold of sediment movement under oscillatory water waves. Journal of Sedimentary Petrology 43, 1101−1110.

Macfarlane, G.J., Cox, G., 2004. The development of vessel wave wake criteria for the Noosa and Brisbane Rivers in Southeast Queensland. Fifth International Conference on Coastal Environment – Environmental Problems in Coastal Regions, Alicante.

Macfarlane, G.J., Cox, G., Bradbury, J., 2008. Bank erosion from small craft wave wake in sheltered waterways. RINA Transactions, Part B: International Journal of Small Craft Technology 150, 33−48.

Priestas, A.M., G. Mariotti, N. Leonardi and S. Fagherazzi. 2015. Coupled wave energy and erosion dynamics along a salt marsh boundary, Hog Island Bay, Virginia, USA. Journal of Marine Science and Engineering 3: 1041-1065.

Rozen, D. L. 1985. Place names of the Island Halkomelem Indian people. MA Thesis, University of British Columbia.

U.S. Army Corps of Engineers. 2002. Coastal Engineering Manual. Engineer Manual 1110-2-1100, U.S. Army Corps of Engineers, Washington, D.C. (in 6 volumes).

<Original signed by> <Original signed by> <Original signed by> <Original signed by>

Bouchard & Kennedy Research Consultants

Port Metro Vancouver: Roberts Bank Terminal 2: Cowichan Occupation and Use Prepared for David Robbins of Woodward and Co., Counsel for the Cowichan Tribes, on behalf of the Cowichan Tribes

Dr. Dorothy Kennedy 9/22/2014

Port Metro Vancouver: Roberts Bank Terminal 2: Cowichan Occupation and Use

September 22, 2014

Opinion report prepared by Dr. Dorothy Kennedy, Bouchard & Kennedy Research Consultants Page 1 of 66

Table of Contents

1.0 INTRODUCTION.............................................................................................................. 1

1.1 Scope and Objectives ....................................................................................................... 1

1.2 Report Organization ......................................................................................................... 2

1.3 Study Area ........................................................................................................................ 2

2.0 RESPONSE TO QUESTIONS ......................................................................................... 4

Q.1 What Aboriginal people, if any, is the Cowichan Tribes directly descendant from as a

present-day Indian Band? ........................................................................................................... 4

Q.2. When was first European contact with the Cowichan? .................................................. 10

Q.3 What fisheries, if, did this Aboriginal people have a practice, tradition or custom of

engaging at the site of the proposed Roberts Bank Terminal 2 project for food purposes prior,

at and continuing after European contact? If the Aboriginal people had multiple such fisheries,

please comment on whether it had a general practice, tradition, or custom of fishing at the

proposed Roberts Bank Terminal 2 project for food purposes prior to, at and continuing after

European contact. ...................................................................................................................... 11

Q.4 Which, if any, of such fisheries at the site of the proposed Roberts Bank Terminal 2

project (including any general practice, tradition or custom of fishing) for food purposes were

integral to the distinctive culture of this Aboriginal people prior to, at and continuing after

European contact? ..................................................................................................................... 20

3.0 BIBLIOGRAPHY OF MATERIALS REVIEWED ..................................................... 24


September 22, 2014


1.0 INTRODUCTION

David Robbins of Woodward and Co., Counsel for the Cowichan Tribes, asked me to provide an

expert opinion on specific questions set out by Robbins in a letter of 5th

September 2014. These

questions relate to the Cowichan people’s use of the area south from the mouth of the South Arm

of the Fraser River where Port Metro Vancouver proposes to construct Roberts Bank Terminal 2.

This brief report presents the findings of my review and analysis of the known and available

published and unpublished literature, an extensive array of documentary and cartographic

sources set out here in an attached bibliography.

In order to provide this opinion, I have drawn on my experience as a socio-cultural

anthropologist who has specialized in the Aboriginal cultures of western North America for more

than 40 years. More particularly, I have relied on my research concerning Coast Salish social

organization and Coast Salish land and resource use, subjects addressed in both my Masters and

Doctoral theses.1 My expertise requires a familiarity with anthropological, ethnohistorical,

linguistic, and genealogical data, and with this familiarity, I have expert knowledge of issues that

have been raised and addressed in this report.

1.1 Scope and Objectives

The main objective of this brief report is to provide an opinion concerning the Aboriginal

occupation and use of an area in the general environs of the mouth of the Fraser River where Port

Metro Vancouver proposes to construct Roberts Bank Terminal 2. As such, this report addresses

the following matters or questions on a balance of probabilities based on the available

1 Dorothy Kennedy (1995a). Looking for Tribes in all the Wrong Places: an Examination of the Central Coast Salish

Social Network. M.A. thesis, Department of Anthropology, University of Victoria; Dorothy Kennedy (2000).

Threads to the Past: the Construction and Transformation of Kinship in the Coast Salish Social Network. D.Phil.

thesis. Exeter College, University of Oxford, http://ora.ox.ac.uk/objects/uuid%3A56bba9a5-d44f-4146-ae65-

1451755dee51/datastreams/ATTACHMENT1; see also Kennedy (2007). Quantifying “Two Sides of a Coin”: A

Statistical Examination of the Central Coast Salish Social Network. Pp. 3-34, in BC Studies, Number 153, Spring

2007. http://ojs.library.ubc.ca/index.php/bcstudies/article/view/657/702.


September 22, 2014


documentary (written and cartographic) record, as identified in the 5th September 2014 letter

from the Cowichan Tribes’ legal counsel, David Robbins:

1. What Aboriginal people, if any, is the Cowichan Tribes directly descendant from as a

present-day Indian Band?

2. When was first European contact with this Aboriginal people?

3. What fisheries, if, did this Aboriginal people have a practice, tradition or custom of

engaging at the site of the proposed Roberts Bank Terminal 2 project for food purposes

prior, at and continuing after European contact? If the Aboriginal people had multiple

such fisheries, please comment on whether it had a general practice, tradition, or custom

of fishing at the proposed Roberts Bank Terminal 2 project for food purposes prior to, at

and continuing after European contact.

4. Which, if any, of such fisheries at the site of the proposed Roberts Bank Terminal 2

project (including any general practice, tradition or custom of fishing) for food purposes

were integral to the distinctive culture of this Aboriginal people prior to, at and

continuing after European contact?

1.2 Report Organization

My opinion is set out in Section 2.0 where I provide a summary response to the four questions

noted in Section 1.1. Section 3.0 consists of a bibliography of materials consulted prior to the

preparation of this opinion report.

1.3 Study Area

The specific study area for this opinion report is Roberts Bank situated west of the mouth of the

Fraser River in southern British Columbia. It is in this area near the existing Deltaport Terminal

where Port Metro Vancouver proposes to construct Roberts Bank Terminal 2. More generally,

the report discusses the land use of the Cowichan in the area from Vancouver Island to the Yale

fishery on the Fraser River.


September 22, 2014


Fig. 1: Port Metro Vancouver, Roberts Bank Terminal 2 Project Area


September 22, 2014


2.0 RESPONSE TO QUESTIONS

Q.1 What Aboriginal people, if any, is the Cowichan Tribes directly

descendant from as a present-day Indian Band?

The term “Cowichan” is derived from the Native word q$´w$c$n meaning ‘warm the back’ and

refers to Mount Tzouhalem, the bare face of rock north of the mouth of the Cowichan River.2 It

was also applied to a people. The Cowichan Tribes is an Indian Band descended directly from

Cowichan local groups such as the Somenos and Quamichan who occupied winter villages on

the lower Cowichan River and Gulf Islands, and occupied identified neighbourhoods of the

Cowichan village on the south shore of Lulu Island in the lower Fraser River in July 1827, and

probably prior to this time, and continuing through 1878. Other modern day Aboriginal groups

who descended from other Cowichan residents of this Lulu Island village on the South Arm of

the Fraser River include the Stz’uminus (Chemainus) First Nation, Penelakut Tribe, Lyackson

First Nation, and Halalt First Nation. Historical and ethnographic documentation indicates that

these people also occupied the Cowichan village on the south shore of Lulu Island. The names of

these groups have been associated with both the South Arm of the Fraser River and with

southeast Vancouver Island and the Gulf Islands. This is clearly evident in the identification of

Somenos and Quamichan, recorded by George Barnston, Clerk with the HBC in July 1827, 3 and

shown on survey maps of the Cowichan Valley prepared by Oliver Wells in 1859. 4

2 Wayne Suttles (1990b). Central Coast Salish. In, Handbook of North American Indians, Volume 7, Northwest

Coast. Edited by Wayne Suttles. Washington, DC: Smithsonian Institution. P. 474.

3 Morag Maclachlan, editor (1998). The Fort Langley Journals, 1827-1830. UBC Press: Vancouver. P. 27; Barnston,

Fort Langley Journal 23 July 1827.

4 Oliver Wells (1859). Quamichan District. Map lithographed by the Topographical Depot of the War Office. BC

Archives, Victoria. National Archives of the United Kingdom. C.O. 700-British Columbia, 7(6); Oliver Wells

(1859). Cowichan District. Map lithographed by the Topographical Depot of the War Office. BC Archives, Victoria.

CM/B265.


September 22, 2014


A more precise location of a Cowichan village on the right bank of the South Arm was based on

navigational drawings made by Commander Aemilius Simpson aboard the HBC Schooner

Cadborough in 1827.5 The Cadborough, with James McMillan, George Barnston and other

Hudson’s Bay Company servants aboard, along with the Cowichan Chief Shashia—first met on

Roberts Bank—entered the river in late July 1827. The ship stayed locally for three months to

provide defence while

the HBC employees

constructed the first Fort

Langley. Simpson sailed

up and down the Fraser

several times, allowing

him to become well

acquainted with the

river, 6 as reflected on

subsequent British

Admiralty Chart No.

1922 (1849, 1858a),

based on the drawings Simpson forwarded to London in 1829. While the original of Simpson’s

1827 Chart has not been found, cartographic historian Derek Hayes points out that the 1849

Admiralty Chart is a direct copy of the 1827 drawing.7

5 Admiralty Chart (1849a). Fraser River from a Drawing by Mr. Emilius Simpson in H.B.C. schooner Carbore [sic,

Cadboro] 1827. Hydrographic Office of the Admiralty. Copy held by University of British Columbia Copy, Rare

Books and Special Collections G3511.P5 svar g7. Detail reproduced in Hayes 2012: Map 19, pp. 16-17.

6 See Simpson 1827a. [Remark Book aboard the ship Cadborough]. Entry for 15

th July and 23

rd July, 1827.

Hudson’s Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. C.1/218. See also Richard Ruggles

(1991). A Country So Interesting: The Hudson’s Bay Company and Two Centuries of Mapping 1670-1870. Montreal

& Kingston: McGill-Queen’s University Press. P. 91.

7 See Derek Hayes (2012). British Columbia: A New Historical Atlas. Vancouver: Douglas & McIntyre. P. 7; See

also Richard Ruggles (1991).

Figure 2: Detail from British Admiralty Chart No. 1917, showing the location of

"Villages" on the north shore of the South Arm. Also shown is Roberts Bank, unnamed,

as such, at that time. BCA, CM /A416.


September 22, 2014


The 1849 British Admiralty Chart No. 1917 (entitled “North America West Coast: Vancouver

Island and the Gulf of Georgia) published February 28th

, 1849, is based partly on the survey

work of naval officer Captain Henry Kellett aboard the HMS Herald in 1846-7. In 1846 Kellett

undertook survey work on the Pacific coast.8 The resulting 1849 Chart shows a settlement on the

south shore of Lulu Island on the lower Fraser River by means of three dots and the word

“Villages,” without mention of the ethnic affiliation of the residents. The chart also shows

Sturgeon Bank situated off the entrance to the Fraser and, by means of a dotted line, the

unexplored North Arm (see Fig. 2). 9 Roberts Bank is shown but remained unnamed, as such, in

1849. It was within the area that Captain George Vancouver referred to as “Sturgeon Bank,” the

shallow waters extending from Point Roberts to Point Grey.

Chart No. 1917, also includes a cross-reference to a chart of the “Frazer River,” underscored by

“See Plan,” undoubtedly British Admiralty Chart No. 1922, published two months later on April

20th, 1849, and entitled “North America West Coast, Gulf of Georgia: Fraser River from a

Drawing by Mr Emilius in HBC Schooner Cadbore 1827.” Thus, the cross-reference on Chart

No. 1917 was to the anticipated Admiralty Chart No. 1922 relating to the Fraser River to be

published in April 1849.

Both the 1849 British Admiralty chart (No. 1922), based on Simpson’s 1827 navigational

drawings, along with the 1858 edition of this chart, show the broad contours of the shoreline and,

more importantly, depth soundings in fathoms calculated at intervals of about 200 metres for the

entire river from the mouth to MacMillan Island (see Fig. 4).10 This indicates considerable

8 F.V. Longstaff and W. Kaye Lamb (1945). The Royal Navy on the North West Coast: 1813-1850. Part II. See also

Andrew Cook (2004). The Publication of British Admiralty Charts for British Columbia in the Nineteenth Century.

Pp. 50-73 in, Charting Northern Waters: Essays for the Centenary of the Canadian Hydrographic Service. Edited

by William Glover. Montreal & Kingston: McGill-Queen’s University Press. P.53-54. For a biography of Kellett

see: http://www.biographi.ca/en/bio/kellett_henry_10E.html.

9 Admiralty Chart (1849b). [Chart 1917] Vancouver Island and the Gulf of Georgia, February 1849. Detail

reproduced in Hayes 2005: 18, Map 21.

10 Admiralty chart (1849a) [Chart 1922] Fraser River from a Drawing by Mr. Emilius Simpson in HBC Schooner

Cadbore [sic] 1827. Hydrographic Office of the Admiralty. Copy held by University of British Columbia Rare

Books and Special Collections G3511.P5 svar g7. Detail reproduced in Hayes 2005:16-17, map 19; 2012:49, map

132. See also: Admiralty Chart (1858a). [Chart 1922] Fraser River, From a Drawing by Mr. Emilius Simpson in H.

BC Schooner Cadboro, 1827. Published at the Hydrographic Office of the Admiralty, 20 April 1849, with

corrections to July 1858. Copy held by BC Archives, Victoria. Map Collection CM/B165.


September 22, 2014


familiarity with the river and obviously the compiler of the information had plenty of opportunity

to observe the Cowichan village and its neighbourhoods on the south shore of Lulu Island.11

Figure 3: Detail of Admiralty Chart No. 1922, published in 1849, showing the results of Aemelius Simpson’s 1827 survey

(UBC, G3511.P5, svar G7 chart 1922).

The 1849 (see Fig. 3) and subsequent 1858 versions (Fig. 4) of the Admiralty chart of the Fraser

River also show, by use of 18 rectangles, the presence of houses on the shore of Lulu Island—a

rectangle being a convention used on charts at the time to indicate the presence of one or more

dwellings—along with the words “Cowitchin Villages.” The rectangles on the south shore of

Lulu Island are drawn in two rows and divided into three clusters,12 which corresponds partly to

HBC Clerk George Barnston’s observations while aboard the Cadborough on the South Arm on

23rd

July 1827:

At 3 P.M. a breeze springing up from the South West, Sail was set, and we passed the Cowitchen Villages Saumnause [Somenos] Pinellahutz [Penelakuts] & Quomitzen [Quamichan].13

The recognition of two rows of dwellings corresponds with HBC Clerk John Work’s December

1824 observation that the village, laid out in two rows, consisted of more than 108 houses.14 The

11 Frederick Merk (1968). Fur Trade and Empire: George Simpson’s Journal entitled Remarks Connected with the

Fur Trade in the Course of a Voyage from York Factory to Fort George and Back to York Factory 1824-25. Revised

and published with a new Introduction by F. Merk in 1968. P. 149. Reprinted by the Belknap Press of Harvard

University Press: Cambridge, Massachusetts. [Originally published in 1931.]

12 Admiralty Chart 1849a [Chart 1922]; Admiralty Chart 1858a [Chart 1922].

13 Maclachlan 1998: 27; Barnston, Fort Langley Journal, Entry for 23 July 1827.

14 John Work (1824). Entry for 19th December 1824. Journal of a Voyage from Fort George to the Northward, Nov.


September 22, 2014


above-noted names [Somenos, Penelakuts, and Quamichan] recorded by Barnston correspond to

three Cowichan local groups who had winter villages on the southeast side of Vancouver Island

or the adjacent Gulf Islands.

Figure 4: Detail from 1858 British Admiralty chart No. 1922 showing location of "Cowichan Villages" and three clusters

of rectangles indicating the presence of dwellings. BCA, CM/B165.

The historical records also reveal that “principal chief” and “war chief” of the Cowichan, a man

whose ancestral name has been Anglicized as “Shashia,” was resident on the South Arm of the

Fraser River as well as on southeast Vancouver Island and the Gulf Islands. Shashia’s encounters

with non-Natives are documented from 1825 through 1870 and these accounts speak of his

residency on both sides of Georgia Strait.15 Some Indigenous people residing in what is now

Washington State used the term “Cowichan” to refer to the Fraser River, with reference to the

Cowichan people who could be found on the South Arm and at the mouth of the river, including

18 - Dec. 30, 1824. BC Archives, Victoria, A/B/40/W89.2; See also, T.C. Elliott, editor (1912). Journal of John

Work, November and December, 1824. In, The Washington Historical Quarterly, Vol. III (1):214.

15 Alexander McKenzie (1825). Entry for 20th August 1825. Remarks on Board the Brig William & Ann, Henry

Hanwell Master from Fort George Columbia River to Observatory Inlet [28 May 1825 – 20 September 1825].

Hudson’s Bay Company Archives, Provincial Archives of Manitoba, Winnipeg. B.233/a/1; McKenzie called him

“Chaseaw,” and independently, Dr. John Scouler (1905:202), also abroad, referred to this chief as “Chapea”

[Shashia].


September 22, 2014


on Roberts Bank.16 Speaking of the association of the Cowichan with the South Arm and mouth

of the river, Native guides advised the McMillan expedition of 1824 that they would find

“Coweechins. . . at the entrance of what is supposed to be Fraser’s River.”17 John Work of the

expedition learned from the Native residents of Puget Sound that the Cowichan were “barbarous

and wicked people.”18

The renowned artist Paul Kane painted Chief Shashia’s portrait in 1847.19 Later, in the 1850s,

Shashia met with Governor James Douglas on the Cowichan River where he represented the

Cowichan people in discussions.20 His name was mentioned by both non-Native observers and by

members of other Aboriginal groups as a headman and warrior of the Cowichan. The record

clearly shows that he lived on the lower Cowichan River and Valdes Island, as well as at the

place known in the Cowichan Halkomelem language as Zəqtínəs ‘Long Shore’ on Lulu Island.

His ancestral name “Shashia” has been held by successive generations of Cowichan men. The

“Cowichan” (and variants) recognized by HBC personnel in the 1820s and continuing are the

direct ancestors of Cowichan local groups recognized today as constituting the contemporary

Cowichan Tribes band. The Stz’uminus (Chemainus) First Nation, Penelakut Tribe, Lyackson

First Nation, and Halalt First Nation are other modern day Aboriginal groups who descended

from Cowichan residents of the Lulu Island village on the South Arm of the Fraser River.

16

T.C. Elliott, editor (1912). Journal of John Work, November and December, 1824. In, The Washington Historical

Quarterly, Vol. III (1). P. 214; Frederick Merk (1968). Fur Trade and Empire: George Simpson’s Journal entitled

Remarks Connected with the Fur Trade in the Course of a Voyage from York Factory to Fort George and Back to

York Factory 1824-25. Revised and published with a new Introduction by F. Merk in 1968. Reprinted by the

Belknap Press of Harvard University Press: Cambridge, Massachusetts. [Originally published in 1931.].

17 T.C. Elliott, editor (1912). Journal of John Work, November and December, 1824. In, The Washington Historical

Quarterly, Vol. III (1). P. 212.

18 Elliott 1912:214.

19 Paul Kane (1846-1848). Portrait Log. Original manuscript, No. 11.85/4, held by the Stark Museum of Art,

Orange, Texas (edited version published in Harper 1971, pp. 316). Photocopy of original held by Professor Ian

MacLaren, Department of History and Classics, University of Alberta, Edmonton (copy, provided by Professor

MacLaren, on file with Bouchard & Kennedy Research Consultants, Victoria BC).

20 James Douglas (c.1853). Private Papers of Sir James Douglas (Second Series). Original held by BC Archives,

Victoria, B/20/1853 (M451). Pp. 31-38 (Copy made for H.H. Bancroft in 1878, now held by the Bancroft Library,

University of California, Berkeley, California, Mss. P-C 13).


September 22, 2014


Q.2. When was first European contact with the Cowichan?

The historical data indicate that members of the Cowichan first encountered Europeans on 15

June 1792 when the Spanish expedition of Galiano and Valdes sailed through Porlier Pass

situated between Valdes and Galiano Islands, west of the mouth of the Fraser River. 21

In the summer of 1808, explorer Simon Fraser of the North West Company became the first

known non-Aboriginal to meet the people of the Fraser Valley when he led an expedition down

the Fraser River and back. Fraser was frustrated in his efforts to explore the South Arm of the

Fraser River because he was unable to obtain the canoe and provisions he required, even from

initially-friendly Natives. The people residing east of the junction of the North and South Arms

refused to assist Fraser in his exploration of that area likely because they feared the Aboriginal

people of the seacoast, particularly those from the South Arm, i.e., the Cowichan.22

Other Europeans did not visit the lower Fraser River until more than 16 years after Simon

Fraser’s expedition. Wishing to gain knowledge of the Fraser River region, HBC Governor

George Simpson provisioned a reconnaissance expedition under the direction of James McMillan

for that purpose. This expedition set out from Fort George for the Fraser River on 19th

November

1824.23 McMillan’s three-boat expedition was comprised of several dozen men, among them

HBC clerks John Work, Francis Noel Annance, and Thomas McKay. Journals kept of the trip by

Work and Annance were preserved and subsequently published, Work’s by the Washington State

21

John Kendrik, Translator, Editor and Annotator (1990). The Voyage of Sutil and Mexicana in 1792: The Last

Spanish exploration of the Northwest Coast of America. Spokane, Washington: The Arthur J. Clark Company; José

Espinosa y Tello, Editor (1802). Relación del Viage hecho por las goletas Sutil y Mexicana en el a o 1792. Madrid:

Imprenta Real; Cecil Jane, Translator and Editor (1930). A Spanish Voyage to Vancouver and the North-West Coast

of America being the Narrative of the Voyage Made in the Year 1792 by the Schooners Sutil and Mexicana to

explore the Strait of Fuca. London: The Argonaut Press.

22 Simon Fraser (Fraser 1808). Faircopy of Journal. Held by the Special Collections Division of the Toronto

Reference Library. The account has been published and edited by L.R. Masson in 1889-90 (reprinted 1960) as Mr.

Simon Fraser: Journal of a Voyage from the Rocky Mountains to the Pacific Ocean, 1808, In, Les Bourgeois de la

Compagnie du Nord-Quest, First Series, Quebec 1889. [Reprinted by Antiquarian Press: New York P. 204.], and

later by W. Kaye Lamb in 1960 (reprinted 2007). Lamb stated that he made every effort to reproduce the original

text as it was first written. See: W. Kaye Lamb, editor (1960). Simon Fraser: Letters and Journals, 1806-1808.

Toronto, Ontario: The MacMillan Company of Canada.

23 Richard Mackie (1997). Trading Beyond the Mountains, The British Fur Trade on the Pacific 1793-1843.

Vancouver: University of British Columbia Press, 1997. Pp. 3-34.


September 22, 2014


Historical Society24 and Annance’s by the Cowlitz Historical Society.25 The extant journals of

this 1824 expedition, however, reveal that the expedition learned from Aboriginal guides and

parties met along the way that they were headed to the “Cowichan” River, an identification that

in my opinion reflects the Cowichan occupation and use of the South Arm and estuary of the

Fraser River, as well as Roberts Bank.

It was not until the establishment of Fort Langley on the lower Fraser River in July 1827 that the

presence of Europeans resulted in meaningful contact with the Cowichan. The 1827-1830 Fort

Langley journals and other historical sources indicate that the Cowichan continued their

traditional practice of residing on the South Arm and fishing at the mouth of and on the Fraser

River throughout the historic period. Historical and ethnographic evidence indicates that this

practice continued through 1878 and well into the 20th

century.26

Q.3 What fisheries, if, did this Aboriginal people have a practice, tradition or

custom of engaging at the site of the proposed Roberts Bank Terminal 2

project for food purposes prior, at and continuing after European

contact? If the Aboriginal people had multiple such fisheries, please

comment on whether it had a general practice, tradition, or custom of

fishing at the proposed Roberts Bank Terminal 2 project for food

purposes prior to, at and continuing after European contact.

In a study relating to the ethnozoological knowledge of the Cowichan, anthropologist David

Rozen found that approximately 35 species of fish were known to the Cowichan. His 1978 study

mentions eleven salt water species that were used for food or rendered for oil.27 The proposed

24

T.C. Elliott (1912). Journal of John Work, November and December, 1824. In, The Washington Historical

Quarterly, Vol. III (1).

25 Nile Thompson (1991). A Journal of a Voyage from Fort George, Columbia River to Fraser River, in the Winter

of 1824 and 1825, by Francis Annance, Clerk. Cowlitz Historical Quarterly, Opening the Pacific Slope: the 1824

McMillan Expedition, Hudson’s Bay Company, Vol. XXXIII, No. 1; Francis N. Annance (1824). A Journal of a

Voyage from Fort George Columbia river to Fraser river in the winter of 1824 and 1825. Hudson’s Bay Company

Archives, Provincial Archives of Manitoba, Winnipeg. B.76/a/1.

26 Morag Maclachlan, editor (1998). The Fort Langley Journals 1827-1830. Vancouver: University of British

Columbia Press.

27 David Rozen (1978a). The Ethnozoology of the Cowichan Indian People of British Columbia: Volume One, Fish,


September 22, 2014


Roberts Bank Terminal 2 project area contains a diverse ecosystem that supports eelgrass beds

and tidal marshes of importance to the lifecycle of many marine species including migratory

salmonids and sturgeon, as well as marine mammals and an array of intertidal species, including

Dungeness crab.

It is my opinion that several types of fish would be available to the Cowichan in the environs of

the proposed project. These included not only salmon and sturgeon, but also eulachon, herring,

cutthroat trout, as well as types of groundfish, including flounders, sole, and rockfish.28 The

Cowichan ate these fish fresh and dried some species, such as salmon, for winter consumption.

It is also my opinion that the Cowichan customarily harvested such species, where available,

throughout the South Arm of the Fraser River, its mouth and offshore waters, including on

Roberts Bank, both prior to, at, and after European contact, and that such fishing was a general

practice, tradition, or custom.

The most significant source of food for a majority of coastal groups, including the Cowichan,

was the six anadromous species of Pacific salmon (spring, sockeye, pink, chum, coho, and

steelhead) that spawn in large numbers in the region’s rivers, particularly the Fraser River and its

tributaries and sloughs. At the time of early contact in 1791 and June 1792, the Spanish and the

British explorers exchanged goods for both salmon and sturgeon from Aboriginal people in the

environs of the mouth of the Fraser River. The species of these salmon were likely spring and

sockeye. Accounts of the British and Spanish explorers reveal that large numbers of Native

people were observed in the summer of 1792 moving their villages, using house planks to form

catamarans on which they loaded household possessions, a practice which the Cowichan are

known to have engaged. Moreover, Simon Fraser’s 1808 journal is consistent with the Cowichan

being in occupation of the South Arm at the time of his visit to the Fraser, for he was warned

away from the main channel because of the presence of ferocious people from the sea and

islands.

Beach Foods and Marine Mammals. Unpublished manuscript. Copy held by the Xwi7xwa Library, University of

British Columbia.

28 David Rozen (1978b). Permanent Winter Villages and Resource Utilization of the Indian People in the Valdes,

Galiano and Thetis Island Areas of the Gulf Islands. Non-Permit Report submitted to the Heritage Conservation

Branch, British Columbia Ministry of Recreation and Conservation, for inclusion in the Islands Trust Project.


September 22, 2014


The 1827-1830 Fort Langley Journals note that Cowichan people travelled back and forth

between southeastern Vancouver Island, the Gulf Islands, and the lower Fraser River throughout

the year, including at times when the journals report salmon and sturgeon being plentiful and

being caught by the Natives. Table 1 below sets out the out the time that each Oncorhynchus

species is present in the Fraser River, and when the run is at its best, according to contemporary

sports fishing sources. The Fort Langley journals also indicate that an immense amount of

sockeye salmon was dried and bundled before leaving the Fraser River. Those individuals who

remained on the Fraser River in the late fall likely fished chum salmon in the sloughs and

channels of the lower Fraser South Arm.

Table 1: Time of Salmon (as well as trout and char) Runs in the Fraser River

Species Enter River At its Best

Spring salmon; Chinook or

King salmon (Oncorhynchus

tshawytscha)

Salmon start running in the

Fraser in catchable number in

June and continue into

November (Kaye 2004:2)29

They are the largest species

(Kaye 2004:2)

Best from June 20 – October

15. (Silversides n.d.)30

Sockeye salmon (O. nerka) In Fraser in late June and run

well into September (Kaye

2004:2)

Best in August (Silversides

n.d.)

Pink salmon (O. gorbuscha) Start in mid-August, peak

around 2nd

or 3rd

week of

September and can be caught

into mid-October (Kaye

2004:4)

Best late August through end

of September (Silversides

n.d.)

Chum or dog salmon (O. keta) Show up in the Fraser around

mid-September and can be

caught well into November

(Kaye 2004:4).

Best late September to late

November (Silversides n.d.)

Coho or silver salmon (O. Start showing up in late

September and majority come

Best October 1 through

November 7th (Silversides

29

“Salmon Paradise: Millions of Salmon, Six Months of Serious Fishing. Is there a better place than the Fraser

River?” Steve Kaye Sportfishing. As available at: http://www.fishonbc.com/articles/salmon-paradise/

30 “Freshwater Fishing Seasons for Vancouver and the Fraser River Valley”, Silversides Fishing Adventures, pp. 1-

4. As available online at http://www.silversidesfishing.ca/index/cfm/page/fishingseasons.html.


September 22, 2014


kisutch) through in October and early

November (Kaye 2004:4).

n.d.)

Steelhead/ Rainbow (O.

mykiss)

May-July (summer season);

October--mid-November (fall

season)31

May, November32

Cutthroat trout (O. clarki) August and September found

in tributary mouths.

Best April to May in Fraser.33

The Cowichan were in possession of technology appropriate for harvesting the species of fish

available to them on Roberts Bank and about the Fraser’s South Arm. This technology included

the following: hook and line, gaffs, leister spears and harpoons—some of considerable length to

fish sturgeon—traps used in sloughs, and nets of various size and shape, among them, reef-nets,

trawl nets, bag-nets, set-nets, gill-nets, and dip-nets.34 Prior to the salmon entering the Fraser

River, individual Cowichan fishermen could catch salmon by trolling, using a hook and line.

Only the salmon reef-net, set annually at a specific waterlot on the path of the migrating salmon,

required a crew of about a dozen men to operate. A recorded location where the Halalt group of

Cowichan used this net was near the present-day Tsawwassen Indian Reserve in the environs of

the proposed Roberts Bank Terminal 2.35 Other nets, such as trawl nets and bag-nets, could be

operated by several individuals in one or two canoes, the number depending on the style of net.

Both the large white sturgeon and the smaller green sturgeon can be found in the Fraser River

and on the banks off its mouth and the available evidence indicates that these fisheries were

available to the Cowichan.36 Captain Vancouver in 1792 named the Sturgeon Bank because of

31

http://greatriverfishing.com/fish-species/

32 http://www.fishingwithrod.com/articles/region_two/

33 http://fishingwithrod.com/articles/river_fishing/fraser_valley_cutthroat_trout_fishery.html.

34 Homer Barnett (1955). The Coast Salish of British Columbia. University of Oregon Monographs, Studies in

Anthropology 4. Eugene, Oregon: University of Oregon Press (reprinted in 1975 by Greenwood Press, Westport,

Connecticut); David Rozen (1978a). The Ethnozoology of the Cowichan Indian People of British Columbia:

Volume One, Fish, Beach Foods and Marine Mammals. Unpublished manuscript. Copy held by the Xwi7xwa

Library, University of British Columbia; See also, Rozen 1978b; Suttles 1998a. 35

Diamond Jenness (1934-1936c). Fieldnotes. Canadian Museum of Civilization, Ottawa. Ethnology Archives, B39,

F. 1. P. 25.

36 David. Rozen (1985). Place-Names of the Island Halkomelem Indian People. M.A. thesis in the Department of


September 22, 2014


his purchase of some of these fish from Natives in this area.37 When the Cadborough first came

to the Fraser River in July 1827 the winds and tides kept her from entering the south channel and

the ship was required to anchor on the edge of South Sturgeon Shoal, the name given by George

Barnston of the HBC, one of the men aboard, to the southern part of Vancouver’s “Sturgeon

Bank.” It was here on the section now known as Roberts Bank that Cowichan chief Shashia

came on board the Cadborough on 15 July 1827.38 It was also here, on 20 August 1825, where

Shashia had visited the brig William and Ann while the vessel was anchored off the entrance to

the South Arm of the Fraser.39

White sturgeons spend time in both marine waters close to shore and in fresh water. They

become abundant in the Fraser River in March, when the white sturgeon feed on the eulachon

that also enter the river to spawn at this time, and remain abundant during the summer and fall.

Anadromous sturgeon move into the river in the early spring and spawn between May and June,

but spawning can be later.40 Juvenile white sturgeon prefer the lower reaches of tributaries,

wetlands and side channels41 and stay in these estuaries until they reach sexual maturity at about

the age of twenty.42 The mouth of the Fraser River is therefore a significant sturgeon fishing

ground for young sturgeon, that is, fish that measure up to a metre in length, in addition to fish

that are about to spawn. For the fish to thrive, the water must be deeper than five metres, with a

low velocity, high turbidity, and relatively warm water temperature.43 Adults are typically found

in deep near-shore areas, adjacent to heavy turbulent water. In winter months, they move to

Anthropology and Sociology, University of British Columbia, Vancouver. Rozen reports (p. 3) that sturgeon was

rare on the east coast of Vancouver Island and corroborates the historical evidence that the Cowichan travelled to the

Fraser for this resource.

37 Kaye Lamb, editor (1984). A Voyage of Discovery to the North Pacific Ocean and Around the World, 1791-1795.

Volume II. London: Hakluyt Society. P. 593.

38 Maclachlan 1998:26.

39 Alexander McKenzie 1825, Entry for 20th August 1825.

40 James Echols (1995). Review of Fraser River White Sturgeon (Acipenser transmontanus). Fraser River Action

Plan. Department of Fisheries and Oceans, Vancouver, BC. Pp. 9-10.

41 Government of Canada. Species Profile: White Sturgeon.

http://www.sararegistry.ca/species/speciesDetails_e.cfm?sid=123.

42 Terry Glavin (1994). A Ghost in the Water. Vancouver: New Star Books. P. 49.

43 Government of Canada. Species Profile: White Sturgeon.

http://www.sararegistry.ca/species/speciesDetails_e.cfm?sid=123.


September 22, 2014


calmer water. One of Rozen’s Cowichan consultants said that fishermen caught sturgeon at low

tide and preferred the shallow areas.44

The year-round availability of sturgeon, apart from times of heavy rain that caused the Fraser

River to rise and sturgeon fishing to become difficult, made this an important species for the

Natives of the Strait of Georgia, including those of the lower Fraser River, among them the

Cowichan. Large sturgeon formerly came to the Pitt River and Lake, as well as some of the

streams in the Pitt Meadows, including Sturgeon Slough.45 They could also be found in the

sloughs of Lulu Island and those at the mouth of the Fraser River, and were plentiful on Roberts

and Sturgeon banks. Suttles points out that over the three-year period (1827-1830) for which

HBC Clerks kept the Fort Langley Journals, they mention Natives taking sturgeon in every

month of at least one of these years.46 Later ethnographic inquiry revealed that the Cowichan

people almost always ate sturgeon fresh.47 They regarded the notochord, also eaten fresh, as a

delicacy.48

We know from the Fort Langley Journal that a number of Cowichan came from Vancouver

Island to fish sturgeon in the vicinity of the Fort in late April 1829.49 It seemed like it was a

welcome addition to their diet that April, for McDonald noted that the Cowichan were loath to

part with sturgeon in trade.50 While there is no data for Cowichan fishing on the Fraser in April

1827, because Fort Langley had not yet been established, data do exist for 1828 and 1830. We

know from the journals that some Cowichan were on the river in late April and early May 1828,

at a time when sturgeon were available and Native fishermen caught them and traded some to the

Fort. On 25th

April 1828, McMillan reported that “a great many Indians of different tribes

44

Rozen 1978a:3.

45 Wayne Suttles (1955). Katzie Ethnographic Notes. Anthropology in British Columbia, Memoir 2. Edited by

Wilson Duff. Victoria: BC Provincial Museum (reprinted in 1979 and 1986). P. 21. Simon Pierre mentioned that the

Katzie felt close to the sturgeon because, according to myth, the first sturgeon was the daughter of the First Ancestor

created at Pitt Lake.

46 Wayne Suttles (1998a). The Ethnographic Significance of the Fort Langley Journals. P. 182, in The Fort Langley

Journals, edited by Morag Maclachlan. Vancouver BC: University of British Columbia Press. 47

Rozen 1978a:3.

48 Rozen 1978a:4.

49 Maclachlan 1998:110. McDonald, Entry for 17 April 1829

50 Maclachlan 1998:110. McDonald, Entry for 21 April 1829.


September 22, 2014


about.”51 Soon after, eulachons entered the Fraser River. Members of the Cowichan were on the

river at this time. Similarly, Cowichan people came to the Fraser in April 1830 when the

sturgeon were expected and were present during the arrival of the eulachon.52 The journals also

indicate that the Cowichan fished sturgeon late in the year. On the 6th

November 1827, for

example, Cowichan fishermen were among a party going upstream from the fort to fish

sturgeon.53

It is my opinion that Cowichan did follow a regular practise of fishing sturgeon on the lower

Fraser River, including the South Arm and on Roberts Bank, and that they engaged in this

fishery prior to, at and continuing after European contact.

One of the first eye-witness accounts of the Cowichan fishing sturgeon on Roberts Bank comes

from the journal of HBC Clerk John Work, a member of James McMillan’s three-boat

expedition from Fort George to the Fraser River in the winter of 1824. Near the mouth of the

Fraser River on the 20 December 1824 the McMillan expedition encountered a canoe with six

people, identified by the party’s guides as “Coweechan,” a group “who had just crossed from

Vancouver’s Island where they now live.” When the canoe landed, they joined their chief on

shore. Before the HBC boats continued on, Work was only able to observe their long spears and

learned nothing of their dress or appearance.54 It is significant, however, that the guides

recognized them as Cowichan and that these Cowichan had a presence on both sides of the strait,

on Vancouver Island and near the mouth of the Fraser River’s South Arm. While they were said

to winter on Vancouver Island, the presence of a December fishing party around the mouth of the

Fraser, equipped with long (sturgeon) spears, indicates that some Cowichan people harvested

Fraser River and estuary resources, including those on Roberts Bank, in winter as well as

summer, at least during fair weather.55

51

Maclachlan 1998:60. McMillan, Entry for 25 April 1828. See also entries for April 8, 11, 13, 14, 19, and 28.

52 Maclachlan 1998:145, 147. McDonald, Entries for 11, 12 April and 15 May, 1830.

53 Maclachlan 1998:44. Barnston, Entry for 6 November 1827.

54 T.C. Elliott, editor (1908) Journal of John Work, November and December 1824. The Washington Historical

Quarterly Vol. 3(1):224.

55 John Work (1824). Journal of a Voyage from Fort George to the Northward, Nov. 18 - Dec. 30, 1824. BC

Archives, Victoria. A/B/40/W89.2. Entry for 20th December 1824, pp. 61-62.


September 22, 2014


The technology used for harpooning sturgeon required, at most, two individuals: one to paddle

and one to manipulate the harpoon. Harpoons used for sturgeon have been well described in the

historic and ethnographic literature. These were implements that any man could use. Cowichan

people interviewed in the 1970s described the sturgeon harpoon used by their people while

fishing for sturgeon in the Fraser River as a modification of the two-pronged Cowichan salmon

harpoon, also described in this work. The pole of the sturgeon harpoon was much longer,

sometimes measuring seven to ten metres in length. In May 1828, the HBC traders had one of

their men employed replicating a Native sturgeon harpoon so that they might fish sturgeon

“Cowitchen fashion.”56 A drawing of sturgeon fishermen using this implement was produced by

naturalist John Keast Lord for his 1866 book The Naturalist in Vancouver Island and British

Columbia and is reproduced in Maclachlan’s published 1998 edition of the Fort Langley

Journals.57

Though such harpoons were the principal method for fishing sturgeon on and about the Fraser

River,58 another method described for catching sturgeon here was a tidal trap used off the island.

Barnett’s notes provide a sketch of this trap with the annotation “receding tide corners sturgeon

into this.”59 A Cowichan member interviewed in the 1930s also heard of the Cowichan fishing

for sturgeon in the environs of the lower Fraser River using small willow-bark nets.60

It is also probable that members of the Cowichan caught eulachon, the fish that came up the

Fraser River in the spring during the sturgeon fishery. “Time for Oolichan [eulachon]” was listed

by one of Cryer’s Cowichan consultants as the name of the month of May.61 Eulachon enter the

Fraser River each year between March and May.62 In April 1828, the Cowichan were on the river

56

Maclachlan 1998:64; McMillan, Entry for 27th May, 1828.

57 Maclachlan 1998: 2.

58 John Keast Lord (1866). The Naturalist in Vancouver Island and British Columbia. London: R. Bentley.

59 Homer Barnett (1935-1936). Fieldnotes. UBC Special Collections, Box 1, Folder 8, p. 63.

60 Chris Arnett (2007). Two Houses Half-Buried in Sand: Oral Traditions of the Hul’q’min’num Coast Salish of

Kuper Island and Vancouver Island. Recorded by Beryl Cryer, and compiled and edited by Chris Arnett. Vancouver

BC: Talonbooks. Pp. 55-57.

61 Cryer n.d.; Reprinted in Arnett 2007: 258-265.

62 Jenness 1934-1936c:3; See also http://pncima.org/media/documents/atlas/pncima_atlas_map-24_herring-and-

eulachon-important-areas.pdf.


September 22, 2014


during the spawn time and it is probable that individual Cowichan fishermen harvested this fish

in the river as a practise. In April 1829, McDonald recorded in the Fort Langley Journal that a

number of Cowichan had arrived to fish for sturgeon in their vicinity.63 They were also in time

for the eulachon run that is said to have lasted for two to three weeks.64 These fish could be raked

from the water or dipped out by a fisherman using a small net.65 Spawning eulachon appear in

masses that allow them to be easily caught. The roe could be used for bait and the oil rendered

into grease.

These Fort Langley Journals verify that large numbers of Cowichan people went annually to the

South Arm for fishing between June and early October, travelling with their household

possessions, consistent with observations in the region in 1792. Historical sources indicate that

this practice continued after the initial establishment of Fort Langley in 1827. In 1858, George

Gibbs of the North West Boundary Commission described the village on the South Shore as the

“Cowitchin fishery near mouth [of Fraser River].”66 Missionary accounts indicate that the

Cowichan use of the Fraser River fisheries continued through the 1860s and 1870s, and in 1878,

G.M. Sproat, Joint Indian Reserve Commission, corroborated that it remained the Cowichan

practice to reside at their Lulu Island village and fish salmon during the summer and early fall

runs up the Fraser River.67

These mainland fisheries were supplemented with other species of salmon, notably spring, chum

and coho, caught in streams on Vancouver Island and the Gulf Islands.

63

Maclachlan 1998:11. [McDonald] Entry for 17 April 1829.

64 Diamond Jenness 1934-1936a:[6]. Fieldnotes. Canadian Museum of Civilization, Ethnology Archives, B39, F.1.

65 Bishop Hills (1868). 1866 and 1867. Notes and Incidents of Mission Work. Extracts from the Bishop’s Journal.

In, Ninth Annual Report of the Columbia Mission for the Year 1867 (published in 1868). London: Rivingtons. P. 16;

Homer Barnett (1939). Culture Element Distributions, IX: Gulf of Georgia Salish. University of California

Anthropological Records 1(5):221-295 (reprinted in 1976 by Kraus Reprint, Millwood, New York); Rozen 1978a. 66 George Gibbs (1855-1858). Journals & Notes No. II, N.W.B.S. [North West Boundary Survey]. Yale University

Archives; Gibbs (circa 1858a). Nomenclature of Frazer’s River, April 1858. National Archives of the United States,

Washington DC. International Boundary Commission [Northwest Boundary Survey], RG 76, Entry 223.

67 G.M. Sproat (1878a). Letter from G.M. Sproat to the Lieutenant Governor, 12 January 1878. BCA, GR 494,

Provincial Secretary, Records Relating to Indian Affairs, 1876-1878. Box 1, File 44, File 369-371; Sproat

(1878b).“Memorandum [for the BC Attorney General] on Cowichan Reserve,” 20 January 1878, written by Gilbert

M. Sproat, Joint Indian Reserve Commissioner . National Archives of Canada, Ottawa. RG10, Vol. 3662, file 9756.

Pp. 2, 25.


September 22, 2014


Seals can be seen on Roberts Bank and in the channels of the Fraser River throughout the year.

Suttles reported in his 1952 paper “Notes on Coast Salish Sea-Mammal Hunting” that “sealing

was practised by all of the Coast Salish tribes on the salt water and by those on the Lower Fraser

as well.”68 It is my opinion that the Cowichan customarily participated in a seal fishery on

Roberts Bank, prior to, at and continuing after European contact.

Q.4 Which, if any, of such fisheries at the site of the proposed Roberts Bank

Terminal 2 project (including any general practice, tradition or custom of

fishing) for food purposes were integral to the distinctive culture of this

Aboriginal people prior to, at and continuing after European contact?

It is my opinion that the Cowichan’s customary practice of fishing generally, including sturgeon,

salmon, and eulachon, as well as herring, cutthroat trout, rockfish, types of groundfish, and seal,

where available, on Roberts Bank and the South Arm and estuary of the Fraser River, for food

purposes, dating prior to, at and continuing after European contact, was integral to their

distinctive culture.

The Cowichan’s oral traditions indicate that they viewed themselves as a people with ties

between Vancouver Island, the Gulf Islands and mainland, including the Fraser River and its

estuary. The mythology also indicates that they viewed themselves as fishermen.69 Fishing

implements were among the cultural arts that the First Ancestors brought to earth. Cowichan

mythology explains the origin of Fraser River salmon, including sockeye salmon, 70 as well as

sturgeon,71 both available in abundance on the river, and rarely, if at all, on southeast Vancouver

Island and the Gulf Islands. The availability of certain resources, including fish, at certain times

of the year was captured in the naming of the months and in at least one account of the Cowichan

calendar, the sixth moon of the year was known as ‘Time for the Oolichan Fish,’ indicating a

68 Wayne Suttles (1952b). Notes on Coast Salish Sea-Mammal Hunting. Pp. 10, in Anthropology in British

Columbia 3. Victoria: BC Provincial Museum (reprinted in Suttles (1987), Coast Salish Essays, pp. 233-247).

69 Jenness fieldnotes, as cited in Rozen 1978a:97.

70 A Quamichan story-teller provided this story to anthropologist Barbara Lane who included it in her doctoral

dissertation (Lane 1953:79).

71 Jenness 1934-1936c:24.


September 22, 2014


cognizance and significance of the availability of this fish, one found on the Fraser River, but not

available on Vancouver Island. 72

The Cowichan’s harvesting of resources available on Roberts Bank and on the lower Fraser

River was incorporated into a yearly round that took most of their members away from their

southeastern Vancouver Island winter villages from June through October, in addition to smaller

parties’ travels at other times of the year, sometimes specifically for sturgeon on Roberts Bank.

This mobility for exploiting seasonally-available resources was recognized in their naming the

months of the year and formed an integral part of their Aboriginal society.

Historical evidence indicates that at the time of contact the Cowichan engaged in fishing on

Roberts Bank and on the Fraser River’s South Arm. Access to fisheries in a variety of locations

protected the Cowichan against the consequences of failure of any particular run. Even so, both

the oil-rich sockeye salmon and the lean chum salmon were staples that sustained the Cowichan

throughout the winter. Large numbers of labourers would be required to process the immense

amount of salmon that would be harvested during a salmon run, for the resource was restricted in

its time of availability and would rot if not processed soon after catching. Women and slaves

undertook this task, aided by available men and by children, the latter of whom fetched wood for

the smudge fires. The Cowichan’s acquisition of large amounts of salmon is made clear in the

1827-1830 Fort Langley Journals where their departure from the Fraser River with immense

quantities of fish is well documented. 73

It is my opinion that salmon is integral to the life of the Central Coast Salish peoples, including

the Cowichan. The predictability and abundance of the runs allowed these Natives to maintain

permanent villages, for they were able to go annually to the same fisheries at a specific time,

more or less, and, depending on the technology, harvest thousands of fish in a day. As a resource

that could be turned into wealth, salmon allowed for social stratification—titleholders could

trade fresh and dried salmon for items such as blankets and canoes to be given away at lavish

72

W.H. Olsen (1963). Water Over the Wheel. Chemainus Valley Historical Society. P.4. Olsen states that his

information came from the “Indian Lore” of Beryl Cryer and from his wife’s newspaper column “Chemainus from

the Pen of the Past.” In this case, the information came from Cryer n.d.; Reprinted in Arnett 2007:258-265 where the

storyteller who provided the eulachon moon told to Cryer is John Peter of Galiano Island.

73 Suttles 1998a:181.


September 22, 2014


potlatches, and have enough salmon left to feast their guests and to survive until the next harvest.

The Fort Langley journals also indicate that Cowichan people amassed large quantities of fish

that they could use for food and ceremonial purposes. The Journals confirm that in August 1830

the Cowichan Chief Shashia hosted such a gathering—part of the marriage transactions for his

daughter—while residing at the ‘Long Shore’ Cowichan village on Lulu Island’s south shore. At

such an occasion, when the groom’s family brought gifts such as canoes, blankets and guns,

Shashia would hold a feast, and at this time of the year he undoubtedly fed his guests sockeye

salmon. 74

Foods and materials obtained by the Cowichan while resident at the permanent village on the

South Arm allowed them to maintain permanent winter villages on Vancouver Island and the

Gulf Islands where seasonal spiritual ceremonies took place, hosted by wealthy families of high-

status and made possible by the abundance of stored, dried fish, including sockeye salmon.

Hudson’s Bay Company Governor George Simpson remarked in an 1829 Dispatch that the lower

Fraser River salmon fisheries attracted upwards of 5,000 people to the river annually in the

summer to fish.75 Among these fishermen on the Lower Fraser were the ancestors of today’s

Cowichan Tribes, as has been discussed earlier in the present expert opinion report. The

ethnographic work of Franz Boas contributes substantially to our understanding of the

Cowichan’s presence on the lower Fraser River. He wrote in an 1887 publication [translated

from German into English] that, “All of the tribes of the Quaitschin [Cowichan] dialects . . .

catch salmon in the Fraser River in the spring.”76

Historical and ethnographic data also indicate that the Cowichan, while resident on the Fraser

River and harvesting fish and other resources, engaged in customary trade with other Native

groups, exchanging their camas, clams and other products for salmon and other resources,

74

Suttles 1998:187, In Maclachlan 1998.

75 See George Simpson (1829) [E.E. Rich, ed., 1947]. Part of Dispatch [of 1 March, 24 March and 5 June 1829]

from George Simpson Esq. Governor of Ruperts Land to the Governor & Committee of the Hudson’s Bay

Company, London. In, The Publications of The Champlain Society: Simpson’s 1828 Journey to the Columbia.

Published in Toronto in 1847 by The Champlain Society. (Edited By E.E. Rich, with an Introduction by W. S.

Wallace). Pp. 41-42.

76 See: Franz Boas (1887). Zur Ethnologie Britisch-Kolumbiens, with map in, Dr. A. Petermanns Mitteilungen and

Justus Perthes’ Geographischer Anstalt. Gotha: Justus Perthes. Pp. 132-133. [Translation by Aerik Hammerum,

prepared for the British Columbia Indian Language Project in March 1979, pp. 11-12.].


September 22, 2014


including mountain goat wool used by the Cowichan in making ceremonial regalia. It was also a

time when marriages could be arranged, such as the union between Cowichan Chief Shashia’s

daughter’s and the son of a “Scadchad” [Skagit, in northern Puget Sound] chief. In a region

where marriage was an economic union between families of high status living in separate areas,

occasions to meet and discuss such arrangements were of crucial importance. Since it would

have been known that the Cowichan en masse would be at their South Arm village during the

salmon season and have available to them large quantities of fresh and dried fish, it was an

opportune time for ceremonial occasions, including marriages and potlatches, to occur. Wealthy

families depended upon having a surplus of salmon to use for ceremonials at which their

escalating status would be both apparent and acknowledged. Accordingly, the Cowichan’s

residence at their South Arm village and their access to the Fraser River runs of salmon would

have been integral to their economic and social success.


September 22, 2014


3.0 BIBLIOGRAPHY OF MATERIALS REVIEWED

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