Court File No. 7?8 7 Action FEDERAL COURT BETWEEN: FIRST NATION PLAINTIFF AND: THE ATTORNEY GENERAL OF CANADA DEFENDANT Rule 171 Statement of Claim TO THE DEFENDANT: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules, serve it on the plaintiff?s solicitor or, where the plaintiff does not have a solicitor, serve it on the plaintiff, and ?le it, with proof of service, at a local of?ce of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada. If you are served in the United States of America, the period for serving and ?ling your statement of defence is forty days. If you are served outside Canada and the United States of America, the period for serving and ?ling your statement of defence is sixty days. Copies of the Federal Court Rules, information concerning the local of?ces of the Court and other necessaiy information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local of?ce. IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you. January 2019 ORIGINAL SIGNED BY . . MUN Y. CHAN Issued . . 33?s A SIGNE Address of local of?ce: ac: Ic enter, 3rd Floor treP if' Federal Court of Canada 231333512333 $022?" in me Vancouver Local Of?ce Vancouver. British Columbia Viricbliiovaosr (Colomble?Brllanique) Paci?c Centre v7v1aa V7Y 13? 701 West Georgia Street PO. Box 10065 Vancouver, BC. V7Y 1B6 TO: I HEREBY CERTI the above document is a true copy of the originaw/ ?led in the Court on the Attorney General of Canada . Director, Vancouver Regional Of?ce day of 0 JAN 2019 AD- Department of Justice . 4 900 840 Howe Street Dated this day!? 0 JAN 2M 20 Vancouver, BC V6Z 289 REGISTRY CER AGENT DU GREFFE Claim Relief sought 1. The plaintiff claims the following relief: a. In respect of eulachon: i. A declaration that the Dzawada?enuxw have an Aboriginal right to harvest eulachon for food, ceremonial and social purposes within the area depicted on the map in Appendix A (the ?Rights Area?); ii. A declaration that the Dzawada?enuxw have an Aboriginal right to exchange eulachon for other goods on a limited basis and to harvest eulachon for that purpose within the Rights Area; A declaration that the Dzawada?enuxw have an Aboriginal right to manage the eulachon ?sheries within the Rights Area; b. In respect of Coho, Chum (aka Chinook (aka ?Spring?), Pink and Sockeye salmon (collectively the ?Sahnon Species?): i. A declaration that the Dzawada?enuxw have an Aboriginal right to harvest the Salmon Species for food, ceremonial and social purposes within the Rights Area; ii. A declaration that the Dzawada?enuxw have an Aboriginal right to exchange the Salmon Species for money or goods on a limited basis and to harvest the Salmon Species for that purpose within the Rights Area; A declaration that the Dzawada?enuxw have an Aboriginal right to manage the Salmon Species ?sheries within the Rights Area; c. A declaration that the Defendant has infringed the Dzawada?enuxw?s Aboriginal rights in respect of eulachon by issuing each of the following Fin?sh aquaculture licenses (collectively the ?Fin?sh Licences?): i. License No. AQFF 115202 2016/2022 Burdwood Group, Raleigh Passage, issued to Cermaq Canada Ltd.; ii. License No. AQFF 115208 2016/2022 Cecil Island, Greenway Sound, issued to Cermaq Canada Ltd.; License No. AQFF 115201 2016/2022 Cliff Bay Simoom Sound Wishart Peninsula, issued to Cermaq Canada Ltd.; iv. License No. AQFF 115213 2016/2022 Cypress Hrbr, Harbour PT, Sutlej Channel, issued to Cermaq Canada Ltd.; v. License No. AQFF 115309 2016/2022 Glacial Falls, Watson Cove, Tribune Channel, issued to Marine Harvest Canada Inc.; vi. License No. AQFF 115209 2016/2022 Maude Island, SE Broughton 15., issued to Cermaq Canada Ltd.; vii. License No. AQFF 115233 2016/2022 Midsummer Island, Spring Passage, issued to Marine Harvest Canada Inc.; License No. AQFF 115316 2016/2022 Potts Bay, Midsummer Island, issued to Marine Harvest Canada Inc.; ix. License No. AQFF 115214 2016/2022 Sir Edmund Bay, NE Shore Boughton Inlet, issued to Cermaq Canada Ltd.; and x. License No. AQFF 115327 2016/2022 - Wicklow Point, Broughton Island, issued to Marine Harvest Canada Inc. d. A declaration that the Defendant has infringed the Dzawada?enuxw?s Aboriginal rights in respect of the Salmon Species by issuing each of the Licenses; e. An order quashing the Fin?sh Licenses; and f. Such further and other relief as this Honourable Court deems just. The parties 2. The Dzawada?enuxw First Nation is an Aboriginal community. Before and at the time of ?rst contact between the Dzawada?enuxw First Nation and Europeans, the Dzawada?enuxw First Nation existed as a distinct, organized and self-governing social and political entity. The Dzawada?enuxw First Nation has occupied and made use of its traditional territories since before ?rst contact, through to the present. 3. The Defendant, the Attorney General of Canada (?Canada?) is the person designated for proceedings against the federal Crown pursuant to section 23(1) of the Crown Liability and Proceedings Act, RSC 1985, C-50. The Dzawada ?enuxw Aboriginal rights in respect of eulachon 4. Members of the modem-day Dzawada?enuxw First Nation are descended from the Dzawada?enuxw Aboriginal community that existed in what is now British Columbia at and before the time of ?rst European contact, and the modem-day Dzawada?enuxw First Nation is a continuation of and a successor to the Dzawada?enuxw First Nation that existed at and before the time of ?rst European contact. The modern-day Dzawada?enuxw First Nation together with the Dzawada?enuxw Aboriginal community that existed in what is now British Columbia at and before the time of ?rst European contact, will be referred to in the following paragraphs of this Statement of Claim as ?the Dzawada?enuxw?, and shall have the meaning the context requires. 5. At all material times, including prior to and at European contact, the Dzawada?enuxw ?shed for, harvested, managed, processed, consumed, traded and sold the eulachon which run in the Rights Area. The Dzawada?enuxw ?shed for and harvested any eulachon available to them from time to time within the Rights Area, preserved and processed those eulachon (including preserving, packing, storing, and treating) into processed ?sh products (?Eulachon Fish Products?) for trade or future consumption, consumed eulachon and Eulachon Fish Products as a staple of the Dzawada?enuxw diet, and traded eulachon and Eulachon Fish Products among the Dzawada?enuxw and other Aboriginal peoples to acquire other goods. 6. The ?shing for, harvesting, managing, processing, consumption, trade and sale of eulachon and Eulachon Fish Products were de?ning features of the Dzawada?enuxw economy and constituted practices, customs or traditions integral to the distinctive Aboriginal culture of the Dzawada?enuxw at contact. All of these activities are referred to in the following paragraphs of this Statement of Claim as ?The Dzawada?enuxw Eulachon Fishery? or ?Eulachon Fishery?, and these terms shall have the meaning the context requires. 7. The Dzawada?enuxw have various aboriginal rights in respect of the Eulachon Fishery, protected by s. 35 of the Constitution Act, 1982, including the rights to harvest eulachon for food, ceremonial and social purposes, to harvest and exchange eulachon and Eulachon Fish Products for other goods on a limited basis, and to manage the Eulachon Fishery within the Rights Area. 8. For greater certainty, for the purposes of this litigation only, the Dzawada?enuxw do not in this proceeding assert an Aboriginal right to exchange eulachon or Eulachon Fish Products for money. The Dzawada ?enuxw Aboriginal rights in respect of the Salmon Species 9. At all material times, including prior to and at European contact, the Dzawada?enuxw ?shed for, harvested, managed, processed, consumed, traded and sold the Salmon Species which run in the Rights Area. The Dzawada?enuxw ?shed for and harvested any salmon available to them from time to time within the Rights Area, preserved and processed those salmon (including preserving, packing, storing, and treating) into processed ?sh products (?Salmon Fish Products?) for trade or future consumption, consumed salmon and Salmon Fish Products as a staple of the Dzawada?enuxw diet, and traded and sold salmon and Sahnon Fish Products among the Dzawada?enuxw and other Aboriginal peoples to acquire other goods and to accumulate wealth. 10. The ?shing for, harvesting, managing, processing, consumption, trade and sale of salmon and Salmon Fish Products were de?ning features of the Dzawada?enuxw economy and constituted practices, customs or traditions integral to the distinctive Aboriginal culture of the Dzawada?enuxw at contact. All of these activities are referred to in the following paragraphs of this Statement of Claim as ?The Dzawada?enuxw Salmon Fishery? or ?Salmon Fishery?, and these terms shall have the meaning the context requires. 11. The Dzawada?enuxw have various aboriginal rights in respect of the Sahnon Fishery, protected by s. 35 of the Constitution Act, 1982, including the rights to harvest the Salmon Species for food, ceremonial and social purposes, to harvest and exchange the Salmon Species and Sahnon Fish Products for money other goods on a limited basis, and to manage the Salmon Fishery within the Rights Area. 12. The Dzawada?enuxw Eulachon Fishery and the Dzawada?enuxw Salmon Fishery continue to be of central signi?cance to the distinctive aboriginal culture of the Dzawada?enuxw, although their ability to practice their customs, practices and traditions in relation to these Fisheries have been signi?cantly restricted by laws, regulations and policies enacted by Canada. Infringement 13. Certain actions of the Defendant have diminished, threatened, disrupted, damaged, interfered with and infringed, the Dzawada?enuxw aboriginal rights in respect of the Eulachon and Salmon Fisheries. 14. The speci?c acts of the Defendant which are the subject of this proceeding, and which infringe the Aboriginal rights are: a. Issuance of each of the nine Fish?sh Licenses. 15. The granting of the Fin?sh Licences infringes the Defendant?s Aboriginal rights because the licenses allow the operation of ?n?sh aquaculture facilities (aka ??sh farms?), which imperil the wild eulachon and salmon populations on which the Plaintiff depends in order to exercise its Aboriginal rights in respect of the Eulachon and Sahnon Fisheries. The ?sh farms imperil these wild ?sh species because, inter alia: a. The salmon populations that run in the Rights Area are in a serious state of decline; b. The eulachon populations that run in the Rights Area have been inconsistent since the mid-1990s and have not yet recovered to historic levels; c. Fish farms expose wild salmon and eulahcon populations that run near them to higher levels of harmful ?sh parasites, including sea lice; d. Viruses, including piscine orthoreovirus (PRV), are known to occur in farmed Atlantic salmon in BC salmon farms, and can be transferred from farmed salmon populations to wild salmon and eulachon populations that run near the ?sh farms. Furthermore, there is a credible body of scienti?c evidence indicating a direct link between PRV and heart and skeletal muscle in?ammation (HSMI). Both PRV and HSMI are known to have deleterious effects on ?sh. e. The ?sh farms pollute and degrade the marine environment beneath and around the net pens, which may negatively impact wild eulachon or salmon populations that run near them as well as other species on which the wild eulachon or sahnon populations depend for food, and may also contaminate the wild eulachon or salmon; and f. Underwater lights used by the ?sh farms can attract wild eulachon or salmon and thereby expose them to increased risk of harm and predation. The plaintiff proposes that this action be tried at Vancouver, British Columbia. January 2019 Ox MW Jack Woodward, QC 302? 871 Island Hwy Campbell River, BC V9W 2C2 iack?iackwoodwardca