This agenda for the March 1-3 Bluenose East Ɂekwę́ Hearing was updated by the Ɂehdzo Got'ı̨nę Gots'ę́ Nákedı (Sahtú Renewable Resources Board) on February 29.

In this Motion, the Colville Lake Renewable Resources Council (“Colville RRC”), Ayoni Keh Land Corporation (“AKLC”) and Behdzi Ahda” First Nation (“Behdzi Ahda””) (collectively referred to as “Colville Parties” apply to the Sahtu Renewable Resources Board (“Board”), pursuant to section 15 of the Sahtu Renewable Resources Board Rules for Hearings (“Board Rules”), for the following under section 4.1.3 of the Sahtu Renewable Resources Board Operating Procedures (“Board Operating Procedures”) section 16.1 of the Board Rules, and section 13.8 of the Sahtu Dene and Metis Comprehensive Land Claim Agreement (“SDMCLCA”):

(a) a determination concerning whether the Board Members named in this Motion are in a conflict of interest on matters before the Board for decision in the Public Hearing on Management of Bluenose East Ɂekwe ̨́ (Barren-Ground Caribou) convened by the Board on January 11, 2016 and to be held in Deline on March 1-3. (the “Deline Hearing);

(b) relatedly, a determination concerning whether the participation of the Board Members named in this Motion on matters before the Board for decision in the Deline Hearing gives rise to a reasonable apprehension of bias;

(c) if it is determined that the participation of Board Members named in this Motion on matters before the Board for decision in the Deline Hearing amounts to a conflict of interest and/or gives rise to a reasonable apprehension of bias, a decision by the Board on whether the Deline Hearing should be adjourned until such time as alternate Board members can be appointed to the Board in accordance with the SDMCLCA; and

(d) such other determinations, decisions or relief as the Board may grant.

This is a legal opinion from ENR regarding the Colville motion on conflict of interest and bias. ENR requests that the Colville motion be dismissed, on the following basis:

• The Sahtú Renewable Resources Board is properly appointed.
• There is not a conflict of interest.
• The facts alleged by Colville do not meet the legal threshold for a reasonable apprehension of bias.
• A postponment of the hearing would be damaging to all parties.

The ENR submission includes two appendices:

• The Supreme Court of the Northwest Territories decision on the issue of bias in McMeekin v. GNWT 2010 NWTSC 56, citing a test for apprehension of bias that recognizes that the grounds for the apprehension "must be substantial. There must be a probability or reasoned suspicion of biased appraisal and judgment, unintended though it may be. This is to be determined on an objective, rational and informed basis. A mere suspicion of bias is not sufficient; there must be some factual basis to sustain the allegation. The party alleging bias has the onus of proving it on a balance of probabilities. And, it is important to reiterate that the test is not whether a party to the proceeding (such as the applicant) would apprehend bias but whether the reasonable and informed member of the public would apprehend it."
• R. v. S. (R.D.) - Court of Appeal for Nova Scotia (1997) 3 SCR 484 at. The section quoted is " ... the wisdom required of a judge is to recognize, consciously allow for, and perhaps to question, all the baggage of past attitudes and sympathies that fellow citizens are free to carry, untested, to the grave. True impartiality does not require that the judge have no sympathies or opinions; it requires that the judge nevertheless be free to entertain and act upon different point of view with an open mind".

This letter of submission is in support of the Motion made by the Colville Lake Parties on February 23,
2016 at the Sahtu Renewable Resources Board ("SRRB" and "the Board") for the Public Hearing on the
Management of the Bluenose East caribou on March 1st to 3rd.

This letter registers the Norman Wells Renewable Resources Council's support for the Colville motion on conflict of interest, and makes the following additional comments:

• The hearing is very important and there is a need for a Management Plan. The Board wants to ensure the issue of "Conflict of Interest" is addressed.
• The Norman Wells Renewable Resources Council cannot send anyone to the hearing due to other very important commitments.

These are the findings of the Sahtú Renewable Resources Board (“the Board”) on the February 23, 2016 motion brought by the Colville Lake Renewable Resources Council, Ayoni Keh Land Corporation And Behdzi Ahda” First Nation (together “Colville Parties”).

The Board met on February 25, 2016 to consider the motion brought by the Colville Parties, and the submissions of the Government of the Northwest Territories and K’asho Got’ine.

The Board has decided the following, based on a review of the Motion materials, Parties’ submissions and an analysis of the facts and applicable law:

1.    The Board finds that Michael Neyelle, Leonard Kenny and Jeff Walker are not currently in a conflict of interest on matters before the Board for decision in the Hearing.

2.    The Board finds that Michael Neyelle, Leonard Kenny and Jeff Walker’s participation to date in the Hearing does not give rise to a reasonable apprehension of bias.

3.    Based on the above findings, it is not necessary for the Board to rule on the Colville Parties’ request that the Hearing be adjourned until such time as Board Members or Alternates are appointed by Canada.

4.    The Board will allow Parties to bring a motion at any time during the course of the Hearing, should any Party have concerns about whether the conduct of any Board Member gives rise to a concern about a potential conflict of interest or a reasonable apprehension of bias, and the Board will consider the matter at that time.

5.    The Board will take the following additional steps to ensure that the Hearing remains procedurally fair:

a.    During that portion of the Hearing where Délı̨nę’s management proposal is presented to the Board, Michael Neyelle will step aside as Chair and the proceedings will be chaired by Vice-Chair Paul Latour.

b.    During that portion of the Hearing where Délı̨nę’s management proposal is presented, Michael Neyelle and Leonard Kenny will not participate in the Délı̨nę panel to present, nor take questions about, the Délı̨nę plan but will remain in the room to hear the evidence and will participate in the Board’s final deliberations regarding all evidence in the Hearing.

c.    During that portion of the Hearing where ENR’s management proposal is presented, Jeff Walker will not participate in the ENR panel to present, nor take questions about, the ENR plan but will remain in the room to hear the evidence and will participate in the Board’s final deliberations regarding all evidence in the Hearing.

The full Reasons for Decision in this matter will follow by March 4, 2016 or earlier.

This list was developed based on discussions in the Sahtú Region over the past year, the two proposals under consideration at the Bluenose East Ɂekwę́ Hearing, as well as Information Requests submitted. The Board still welcomes input on whether additional key issues should be added to the list.

The key issues fall into the following four topics:

• Consultation
• Knowledge
• Conservation measures
• Communication and education

This update letter to the Parties contains notice of new information of relevance to the Bluenose East Hearing that has come to the Board’s attention, as well as notice that the Board has decided to defer the timeline for delivery of the hearing report to July 25. The letter refers to the "Kugluktuk Hunters and Trappers Association Submission to the Nunavut Wildlife Management Board on the Government of Nunavut proposed Total Allowable Harvest of 340 Bluenose east Caribou," which has been posted to the public registry as a "Relevant Document" (File 2.10).

This letter provides formal notification that due to unforeseen circumstances, the Ɂehdzo Got’ı̨nę Gotsę́ Nákedı (Sahtú Renewable Resources Board) requires additional time to complete its final report. The Board’s Final Report will now be delivered to the NWT Minister of Environment and Natural Resources by July 18, 2016.

This letter includes notices regarding three items:

1. Changed timelines for final submissions by the Parties and the public
2. A forthcoming list of key messages and questions arising from the hearing for review and feedback
3. Notice of support for Ɂehdzo Got'ı̨nę meetings to develop final submissions

This is a reminder of Pre-Hearing Conference, by telephone, for the Bluenose East Caribou Management Hearing on Friday, February 19, 10:00 am-noon. The purpose of the Pre-Hearing Conference telephone call is to prepare Parties and the Ɂehdzo Got'ı̨nę Gots'ę̨́ Nákedı (Sahtu Renewable Resources Board - SRRB) for the Public Hearing. The meeting agenda is attached.

The SRRB requests that Parties review the attached List of Key Emerging Issues and consider whether there are additional key issues that are likely to arise in the hearing and that can be shared with the SRRB and other Parties. Key issues identified by the SRRB to date are on the following four topics:

1. Consultation
2. Knowledge
3. Conservation measures
4. Communication and education

This letter notifies the Parties that the timeline for NWT Environment and Natural Resources (ENR) responses to Information Requests has been extended to February 26. The deadline for written hearing presentations is Sunday, February 28. Both Information Request responses and presentations will be posted to the Public Registry for this hearing.

The draft hearing agenda is appended to this letter, along with the List of Key Emerging Issues which was developed based on discussions in the Sahtú Region over the past year, the two proposals under consideration, as well as Information Requests submitted. The Board still welcomes input on whether additional key issues should be added to the list.

The Ɂehdzo Got'ı̨nę Gots'ę́ ̨ Nákedı (Sahtu Renewable Resources Board - SRRB) has retained two
technical advisors to assist the SRRB in the SRRB’s Bluenose East Caribou Hearing. Ecologist Dr.
Colin Macdonald and anthropologist Dr. Allice Legat will be providing technical services to the
SRRB.

Attached resumes provide details regarding the professional expertise of Drs. Macdonald
and Legat. The SRRB also wishes to share information with the Parties and the public about role
that the technical advisors are playing in the hearing.

This letter contains notice that the SRRB received an additional late submission, on July 19, 2016, from the Colville Parties. The Board met on July 21, 2016 and made a decision to exercise its discretion and accept the late submission from the Colville Parties as relevant evidence in this Hearing.

The SRRB has required additional time to consider and integrate the additional evidence received from ENR, the Kugluktuk Hunters and Trappers Organisation and Colville into its decisions and final Report. In light of this, the Board has deferred its timeline for an additional three days, to July 28, 2016.

The Board reminds Parties in the hearing that section 13.8.24(b) of the Sahtú Dene and Métis Comprehensive Land Claim Agreement (SDMCLCA) provides that, unless the Minister directs otherwise, the SRRB’s Final Report will remain confidential for a period of 60 days, or until September 18, 2016.

Thank you for your patience. If you have any questions, please contact Joe Hanlon at 867-588-4040, or This email address is being protected from spambots. You need JavaScript enabled to view it.

This letter updates the pre-hearing process and includes: 1) an invitation to the parties to attend a pre-hearing teleconference 2) an extension to the deadline for information requests on the ENR and Deline plans to February 12 and 3) notes that the SRRB will consider all information posted to the WRRB Public Registry as evidence in its 2016 Bluenose-East Caribou Herd Proceeding.

This is the notice informing the public that the Ɂehdzo Got'ı̨nę Gots'ę́ Nákedı (SRRB) will hold hearings from March 1-3, into the management of the Bluenose East Caribou.  It includes background information on the hearing process, including key dates and ways for the public to participate.

Lists the organsations and individuals that registered as parties for the Mar 1-3 hearings, including contact information. The February 13 version confirms that NWT Environment and Natural Resources is a registered party as the proponent of a management proposal under consideration by the Ɂehdzo Got'ı̨nę Gots'ę́ Nákedı.

This is a letter of invitation to a Pre-Hearing Workshop in each of the five Sahtú communities. Board staff will coordinate and facilitate these workshops. All parties as well as the general public will be invited to attend their community’s workshop. For each workshop, the Board has received funding for full-day honoraria for 7 (seven) Ɂehdzo Got’ı̨nę / Renewable Resources Council members or their representatives and a full-day consultant fee for 1 (one) interpreter, as well as funding for a meeting space and snacks for participants. For more information, contact Joe Hanlon, telephone: 867-588-4040, email This email address is being protected from spambots. You need JavaScript enabled to view it..

This document provided by the Ɂehdzo Got'ı̨nę Gots'ę́ Nákedı (Sahtú Renewable Resources Board) outlines the Reasons for Decision regarding Colville's conflict of interest and bias motion dated February 23, 2016. The Reasons for Decision document includes the following sections:

1. Relief requested by the Colville Parties
2. Procedural history of the motion
3. The Issues
4. The Facts
5. Arguments of the Parties (including Colville, Government of the NWT, and K'asho Got'ı̨nę Council)
6. Analysis
7. Conclusion