Tsay Keh Dene First Nation / BC / Hydro Agreement

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A final agreement that addresses the longstanding grievances . . .

News and Comment
by Tehaliwaskenhas - Bob Kennedy
Copyright
Turtle Island Native Network
http://www.turtleisland.org

January 31st, 2010

Tsay Keh Dene First Nation Chief Dennis Izony and his community celebrated with provincial and BC Hydro officials, a final agreement that addresses the longstanding grievances from the creation and operation of the W.A.C. Bennett Dam
and Williston Reservoir in the Peace River Valley region.

The Tsay Kay Dene First Nation traditionally travelled by river, which allowed them access to food and provided them with a way to communicate with the surrounding communities. The construction of the dam and reservoir flooded out the Tsay Keh Dene community at Fort Grahame, forcing the First Nation to move elsewhere in their traditional land.

Flooding destroyed traditional hunting grounds, gathering sites and burial grounds.

The final agreement provides benefits including a one-time payment totalling $20.9 million to the Tsay Keh Dene First Nation and annual payments, for as long as power is produced at the facilities, of approximately $2 million, with future adjustments for inflation. Most of the initial payments will establish an endowment fund that will be managed by investment professionals, offering Tsay Keh Dene First Nation the opportunity for financial returns in the future.

The agreement also provides Tsay Keh Dene with business and employment opportunities and will ensure that they are informed about BC Hydro facilities and operations that could affect them. The Tsay Keh Dene community voted to ratify the final agreement in June 2009.

"This agreement is the product of many years of hard work and an unwavering commitment by our respective leaders to resolve outstanding matters, especially by our former Chiefs Johnny Pierre and Ella Pierre. We are grateful for what they have accomplished," said Tsay Keh Dene Chief Dennis Izony. "It is our hope that this Settlement Agreement will lay the groundwork for Tsay Keh and BC Hydro to work toward a meaningful, productive relationship, with a view to the shared use and development of the resources of our territory to our mutual benefit."

The final agreement received ratification after two separate community votes held in Prince George on June 26, 2009 and in the Tsay Keh Dene village on June 30, 2009. Eighty per cent of the ballots cast were in favour of ratifying the final agreement. The voting standard for
ratification was a simple majority of those who voted. The Tsay Keh Dene First Nation is situated north of Prince George in the Peace River Valley, south of where the Finlay River flows into Williston Lake.

The Final Agreement with Tsay Keh Dene follows the completion of a similar Final Agreement between the Province, BC Hydro and Kwadacha First Nation, which was signed in 2008.

- - -

The Williston Reservoir was created by the construction of the W.A.C.
Bennett Dam, completed in 1967. The reservoir is the largest body of
water in British Columbia and the ninth-largest man-made lake in the
world.

History of Negotiations:

In 1999, the Tsay Keh Dene First Nation commenced litigation against
the Province, including BC Hydro and Canada, for alleged breach of
fiduciary duty and infringement of Aboriginal rights, and damages
related to the construction and operation of the W.A.C. Bennett Dam and
Williston Reservoir.

Negotiations to address the impacts of flooding from the creation of
the dam and reservoir commenced in 2002. In 2006, the provincial
government announced an agreement-in-principle between the Province, BC
Hydro and the Tsay Keh Dene First Nation to recognize the socio-
economic impacts of the construction of the dam and reservoir.

The final agreement received ratification after two separate community
votes held in Prince George on June 26, 2009 and in the Tsay Keh Dene
village on June 30, 2009. Eighty per cent of the ballots cast were in
favour of ratifying the final agreement. The voting standard for
ratification was a simple majority of those who voted.

Final Agreement:

The majority of one-time funding received under the agreement will be
deposited into an endowment fund. The fund will be professionally
managed and invested to maximize long-term stability and returns for
the Tsay Keh Dene First Nation.

Additionally, annual funds of approximately $2 million, adjusted every
year to offset inflation, will be paid in perpetuity. After 10 years BC
Hydro has the option to pay all its financial obligations at once. In
that case, a capitalization fund will be established by the First
Nation. Financial experts paid for by BC Hydro would calculate how much
must be paid into the fund to ensure the First Nation will receive
comparable amounts each year in the future.

An independent 'Payment Trustee' will be appointed by the First Nation
to receive funds each year to ensure that all funding requests are
related to approved community and social projects. Annual audit reports
will be prepared so that the community understands how and where funds
are being used

In addition to the payments, the Tsay Keh Dene First Nation final
agreement also includes a number of other agreements and programs to
build community capacity and support economic development activities,
including:

* Assurances from B.C. regarding annual road maintenance with contracts
to Tsay Keh Dene during the first 10 years for road maintenance.
* Funding to participate in regulatory proceedings related to operation
of BC Hydro's Peace River facilities.

In return for funds paid to the Tsay Keh Dene First Nation, the
settlement provides for certainty of current and future operations of
BC Hydro's Peace River facilities (W.A.C. Bennett Dam, Williston
Reservoir and Peace Canyon Dam) and releases the Province and BC Hydro
from existing and future litigation by the Tsay Keh Dene First Nation
or its members, related to the operation of the current Peace
facilities.

A complete list of additional agreements and programs can be found in
the final agreement, available at http://www.newrelationship.gov.bc.ca/
or at http://www.bchydro.com.

For more information . . .
Eric Woodhouse
Chief Negotiator
Tsay Keh Dene First Nation
250 385-1411