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2015 12: 41PM

No. 0492

Haudenosaunee Development lnst i t

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Date: May 21, 2015

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Fax No.:

Sheri Young, Secretary of the Board

National Energy Board
517 Tenth Avenue SW
Calgary AB
T2R08A
From:

(403) 292-5503

Fax No.:

Hazel E. Hill

(519) 445-2389

Re:

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Enbridge Line 9 Extension

Office Location:

Suite 407, 16 Sunrise Court, GREAT Building

P.O. Box 714, Ohsweken, Ontario. NOA IMO

Phone No,:

(519) 445 4222

Total Pages Including Cover: 3

Message: Please see the attached

If transmittal is not complete, please contact Hazel E. Hill at (519) 445-4222

The infom\1\tion contained in this facsimile message 1s legally privileged and confidential information
intended fol' the use of the individual entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any use, disseminacion, distribulion or copy of this facsimile is
strictly prohibited. If you have received this facsimile in error, please immediately nocify us by telephone
and return the original message to us by mftil at the address above Thank You.

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May. 21. 2015 !2:41PM

No. 0492

Haudenosaunee Development Instil

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Haudenosaunee Development Institute

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May 21,2015
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Sonia Fa2ari
Senior Advis9r, Aboliginal Affairs
Enbridge
2225 Sheppard Ave. E
North York, ON

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Dear Ms. Fazari:

RE:

Enbridge, Line 9 Extension

File No.: 030-062

As you are aware, the Haudenosaunee hold treaty rights and interests in the lands which
are the subject area of your proposed project(s).
In our correspondence of June 13, 2014, the HOI specifically requested an engagement
process which would uphold the Honour of the Crown and at the same time provide the
required following as part of the engagement process:
I. An assessment of the rights and interests of the Haudenosaunee
2. Provide the Haudenosaunee with the opportunity to set out and clarify rights and
inten:sts such that the Province of Ontario can provide a complete and fulsome
assessment of the 1ights and interests
3. Frame the nature and scope of the engagement obligations by way of anthe
reference to the assessment
4. Provide the Province of Ontario the opp011unity to consider justification
obligations for infringement ofHaudenosaunee treaty 1ights
5. Advise what if any procedural aspects of engagement can be delegated to
Enbridge which itself is to be informed by the nature and scope of engagement
required
At that time, the HOI also outlined the Haudenosaunee engagement process beginning by
way of an application.
At our initial meeting of July 10, 2014, HDI/HCCC provided Enbridge representatives
Matthew Jackson, James Honda-McNeil, yourself and Lisa Marie Dumond an overview
again on the direct impact and infringement Enbridge development had upon
Haudenosaunee rights; we provided an overview on the difference between established
OUR LAND, OUR LAW, OUR PEOPLE, OUR FUTURE
Six Nations of the Grand River Territory Suite 600 - H) Sunrise Crut P.O Box 714 Ot'sweken, Ontario NOA 1/<'il
'/elephone 519.445.4222
tac.lmt/e 519.445.2369 hdi2@bellnet.ca

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Haudenosaunee Development lnstit

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treaty lights vs. asserted rights, and an extensive understanding of the Six Nations
Elected Band Council's inability to speak for the Haudenosaunee, further supported by
recent WillianlS case, and fmally advised Enbridge of their inability to meet the Honour
of the Crown in that only procedural aspects of the crown obligations can be delegated
and not fiduciary and the difficulty and time required in working through on a legal
aspects.
In the spirit of good faith, the Haudenosaunee agreed to place its monitors in the project
area(s) while Enbridge and the HDI worked through am agreeable process of engagement
that would not only meet the obligations of the Crown, but would provide the
Haudenosaunee with the required justification of the infi'ingement, and provide Enbridge
the required free prior and informed consent of the Haudenosaunee.
As you are also aware, this process of engagement has not yet occm1ed and to date only
discussions in relation to monitoring further to our monitors agreement of September 19,
2014 have occmred, with the understanding that Enbridge would enter into good faith
negotiations with the Haudenosaunee.

r trust Enbridge has advised the NEB of their failure to meet the required approval of the
HCCC in their Leave to Open filed in Fehn1ary 2015 on the line 9 expansion, and that no
attempts to open the said line will occur until such time as the MOECC, the NEB and the
proponent Enbridge have acquired the free prior and informed consent of the
Haudenosaunee on their project(s).
Yours truly,

Hazel E. Hill
Director
cc:

MAY-21-2015

Sheri Young, SecretOI}' oftl1e Boa1'd

NEB

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