Enclosed please find the Written Evidence of Montana First Nation with respect to the above-noted matter containing the following:

Transcription

1 MAcPHERSON LESLIE & TYERMAN LLP LAWYERS SASKATOON OFFICE nd Street East Saskatoon Saskatchewan Canada S7K 5T6 T: ( F: ( December 21, 2011 Delivered Via G. Rangi Jeerakathil Direct Line: ( Joint Review Panel- Enbridge Northern Gateway Project 444 Seventh A venue South West 2"d Floor Mailroom Calgary, AB T2P OX8 Attention: Re: Our Files: Ms. Anne-Marie Erickson Enbridge Northern Gateway Project Hearing Order OH , File No. OF-Fac-Oil-N l Enclosed please find the Written Evidence of Montana First Nation with respect to the above-noted matter containing the following: Affidavit of Carl Rabbit Sr. dated June 15, 2011; Affidavit ofralph Cattleman dated June 15, 2011; and Affidavit of Rodney Roasting dated June 15, We trust the above to be satisfactory. If you should have any questions regarding the above, please do not hesitate to contact the writer directly. Yours truly, MacPherson Leslie & Tye..!JD.&ll LLP Per: G. Rang!Je~hil GRJ/sdk En cis. ::ODMA\PCDOCS\SASKATOON\ \1 Regina Saskatoon Calgary Edmonton

2 Deponent: Carl Rabbit Sr. Date Sworn: June 15, 2011 IN THE MATTER OF the Canadian Environmental Assessment Act, S.C. 1992, Ch. 3 7 and the National Energy Board Act, R. S.C. 1985, c. N -7 -and- IN THE MATTER OF Enbridge Northern Gateway Pipeline Limited Partnership's application for authorization to construct and operate the Northern Gateway Pipeline Project AFFIDAVIT I, Carl Rabbit Sr., of the Montana First Nation in the Province of Alberta, MAKE OATH AND SAY AS FOLLOWS: 1. I am a member of the Montana First Nation (the "Nation" and I am a hunter within the Nation's traditional territory and as such I have personal knowledge of the matters deposed to in this Affidavit, except where stated to be based on information and belief and where so stated I verily believe the same to be true. 2. Now produced and shown to me and marked as Exhibit "A" to this my Affidavit is a true copy of a map depicting a portion of the Nation's traditional territory and the areas where I have and continue to hunt. 3. I hunt and have hunted on unoccupied Crown lands and lands to which I have or previously had a right of access within the Nation's traditional territory. I have hunted in the marked areas, as shown in Exhibit "A" as a child and into my adulthood. 4. In these areas I have hunted animals which include, but are not limited to, the following: a. Elk; and b. Deer. 5. As a hunter, I am concerned that the activities conducted by Enbridge for the proposed Northern Gateway Pipeline project will further impact the wildlife populations in the area. The activities of Enbridge and the proposed pipeline project will also occupy lands to which I have previously had a right of access and will further restrict the area in which I can exercise my Treaty rights to hunt. 6. I make this Affidavit in support of the position of the Nation in this matter and for no Improper purpose.

3 SWORN BEFORE ME at the Montana First Nation, in the Province of Alberta, this 15th day ofjune, A COmmiss-ie>Tieffor Oaths in and for the Province of Alberta Being a solicitor Drew M. Lafond Banister & Solicitor Carl Rabbit Sr.

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5 Deponent: Ralph Cattleman Date Sworn: June 15,2011 IN THE MATTER OF the Canadian Environmental Assessment Act, S.C. 1992, Ch. 37 and the National Energy Board Act, R.S.C. 1985, c. N-7 -and- IN THE MATTER OF Enbridge Northern Gateway Pipeline Limited Partnership's application for authorization to construct and operate the Northern Gateway Pipeline Project AFFIDAVIT I, Ralph Cattleman, of the Montana First Nation in the Province of Alberta, MAKE OATH AND SAY AS FOLLOWS: 1. I am a member of the Montana First Nation (the "Nation" and I am a hunter within the Nation's traditional territory and as such I have personal knowledge of the matters deposed to in this Affidavit, except where stated to be based on information and belief and where so stated I verily believe the same to be true. 2. Now produced and shown to me and marked as Exhibit "A" to this my Affidavit is a true copy of a map depicting a portion of the Nation's traditional territory and the areas where I have and continue to hunt. 3. I hunt and have hunted on unoccupied Crown lands and lands to which I have or previously had a right of access within the Nation's traditional territory. I have hunted in the marked areas, as shown in Exhibit "A" as a child and into my adulthood. 4. In these areas I have hunted Ram. 5. As a hunter, I am concerned that the activities conducted by Enbridge for the proposed Northern Gateway Pipeline project will further impact the wildlife populations in the area. The activities of Enbridge and the proposed pipeline line project will also occupy lands to which I have previously had a right of access and will further restrict the area in which I can exercise my Treaty rights to hunt. 6. I make this Affidavit in support of the position of the Nation in this matter and for no Improper purpose.

6 SWORN BEFORE ME at the Montana First Nation, in the Province of Alberta, this 15 1 h day ofjune,2011. A CommiSsi.o.ner10r Oaths in and for the Province of Alberta Being a solicitor Drew M. Lafond Barrister & Solicitor Ralph Cattleman

7 r 83 { A Commissioner for A. Notaey Public 1 ~ 15rew M. Lafond -- Barrister & Solicitat.: l ":;: - s "::.- :-.

8 Deponent: Rodney Roasting Date Sworn: June 15, 2011 IN THE MATTER OF the Canadian Environmental Assessment Act, S.C. 1992, Ch. 37 and the National Energy Board Act, R.S.C. 1985, c. N-7 -and- IN THE MATTER OF Enbridge Northern Gateway Pipeline Limited Partnership's application for authorization to constmct and operate the Northern Gateway Pipeline Project AFFIDAVIT I, Rodney Roasting, of the Montana First Nation in the Province of Alberta, MAKE OATH AND SAY AS FOLLOWS: 1. I am a member of the Montana First Nation (the "Nation" and I am a hunter and fisherman within the Nation's traditional territory and as such I have personal knowledge of the matters deposed to in this Affidavit, except where stated to be based on information and belief and where so stated I verily believe the same to be tme. 2. Now produced and shown to me and marked as Exhibit "A" and Exhibit "B" to this my Affidavit are tme copies of maps depicting a portion of the Nation's traditional territory and the areas where I have and continue to hunt and fish. Exhibit "B" also outlines the proposed Enbridge ("Enbridge" Northern Gateway Pipeline project. 3. I hunt and fish and have hunted and fished on unoccupied Crown lands and lands to which I have or previously had a right of access within the Nation's traditional territory. I have hunted and fished in the marked areas, as shown in Exhibit "A" and Exhibit "B" as a child and into my adulthood. 4. In these areas I have hunted the following animals, including, but not limited to: a. Moose; b. Elk; and c. Deer. 5. In the marked area, I have fished the following, including but not limited to: a. Rainbow Trout; and b. Mountain Trout.

9 6. As a hunter, fisherman, gatherer and trapper, I am concerned that the activities conducted by Enbridge for the proposed pipeline project will further impact the wildlife, fisheries and vegetation populations in the area. The activities of Enbridge and the proposed pipeline project will also occupy lands to which I have previously had a right of access and will further restrict the area in which I can exercise my Treaty rights to hunt and fish. 7. I make this Affidavit in support of the position of the Nation in this matter and for no Improper purpose. SWORN BEFORE ME at the Montana First Nation, in the Province of Alberta, this 15 1 h day of June, A Co~oneflor Oaths in and for the Province of Alberta Being a solicitor Drew M. Lafond Banister & Solicitor - Rodney RoaStih~ ' ~ L DL \

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11 ;q ~:....:. "'-,_-._ ~ ~c-..._ -. ' "'-L-.,_ r 1 ~... ~ '"'" "TOTH~ affidavit of ~~Vl-t... ~--f'\k...sl~"'~ Sworn before me this \ \ ~t "day of J \it"w A.D. 20 \ \ I ~.I I II I I A Commissioner for { A Notary Public ~~ lr,.{gt~ Montana Drew M. Lafond BaiTister & Solicitor - - -~---- I I I NORTHERN ~ H 1 "f r~~~:.~~~= n _,fofltn~~tvi,u.u.. ""wmaoifrra:-. a-.1 w...t..,p.,-