Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 December 7, 1989 Negotiations between the Government of Canada and the Lubicon Lake people collapsed on January 24, 1989, after representatives of the Canadian Government tabled a surprise "take-it-or-leave-it" settlement offer which they knew in advance wasn't acceptable, since it made no provision for the Lubicon people to replace the shattered traditional Lubicon economy and way of life with a hopefully viable new economy and way of life. Representatives of the Canadian Government then immediately made clear by their actions that they'd never been serious about negotiations in the first place, but had only used the pretense of serious negotiations to set the stage for an all-out Canadian Government effort designed to undermine duly elected Lubicon leadership and discredit the Lubicon cause. One particularly nasty element of the current Canadian Government campaign to deny the Lubicon people their legitimate aboriginal land rights involved actually sending agents into northern Alberta to try and organize the political overthrow of duly elected Lubicon leadership. The effort to politically overthrow the duly elected Lubicon leadership failed on May 31st when current Lubicon leadership was unanimously re-elected, but on-the-ground efforts by the Canadian Government to subvert Lubicon land rights have continued and soon reappeared in the form of the so-called new Woodland Cree Band. Lubicon Chief Ominayak and Alberta Premier Getty met on July 23rd to discuss the problem created by Federal Government unwillingness to engage in good faith negotiation of Lubicon land rights. The Chief and the Premier of course both represent interests in northern Alberta which ultimately can only be protected through successful negotiation of Lubicon land rights; however, under the Canadian Constitution, only the Federal Government is legally empowered to negotiate a settlement of aboriginal land rights. On July 24th the Chief and the Premier decided to continue the negotiations which Federal negotiators had prematurely terminated the previous January with their surprise "take-it-or-leave-it" offer, inviting the Federal Government to join the negotiations between the Lubicons and the Provincial Government, but also agreeing to proceed with or without Federal Government involvement. While such negotiations of course couldn't bind the Federal Government, agreement between the Provincial Government and the Lubicon people on all outstanding issues, including issues for which the Federal Government carries primary if not exclusive responsibility, would clearly place the onus for lack of settlement on the Federal Government. In a very real sense the Chief and the Premier were proposing to proceed with a more comprehensive version of their Grimshaw negotiations, during which they developed a framework for settlement of the key reserve land issue by agreeing basically that the Provincial Government would transfer 95 square miles of reserve land from Provincial to Federal jurisdiction for purposes of a Lubicon reserve, that the Lubicon people would accept a reserve of 95 square miles, and that the Federal Government would buy out third party interests in the 95 square miles -- primarily oil companies. The Chief and the Premier were now in effect proposing to approach all remaining settlement issues in the same way. Grimshaw infuriated representatives of the Federal Government, not only because the Premier and the Chief had taken the initiative away from the Federal Government in an area of supposedly exclusive Federal Government responsibility under the Canadian Constitution, but also because the Chief and the Premier had taken away from Federal officials the ability to blame others for lack of a settlement. Grimshaw particularly incensed Federal Lubicon negotiator Brian Malone, who'd earlier been arguing that the Federal Government had no choice but to go to court since supposedly neither the Province nor the Lubicons were willing to negotiate, and who's been whining and complaining ever since that the Province and the Lubicons solved the key reserve land issue by sending the Federal Government the bill. The day after the Chief and the Premier announced agreement to proceed with what amounted to a more comprehensive version of the Grimshaw negotiations, representatives of the Federal Government announced creation of a so-called new Band with a competing claim to traditional Lubicon lands. The so-called new Band was called the Woodland Cree Band. The leaders of this so-called new Woodland Cree Band are the same individuals whom agents of the Canadian Government had earlier organized in their unsuccessful efforts to politically overthrow duly elected Lubicon leaders. While creation of the so-called new Woodland Cree Band had undoubtedly been in the works for some time, announcement of its creation the day after the Chief and the Premier agreed to proceed with negotiations was clearly an effort on the part of the Canadian Government to counter proposed negotiations between the Province and the Lubicons. Unable to overthrow Lubicon leadership in a duly called free election, Federal officials were in effect challenging the basis of the Grimshaw Agreement, which is of course the basis for the proposed new round of negotiations between the Province and the Lubicons, with a newly created Band also claiming rights to the traditional Lubicon area. Asked by both the Province and the Lubicons to provide a list of the members of the so-called new Woodland Cree Band so that this latest Federal Government manoeuvre could be properly assessed, representatives of the Federal Government refused, taking the position that the Woodland Cree membership list was confidential. Unwilling to be deflected by the Federal Government's nameless, faceless challenge to the Grimshaw Agreement, Lubicon and Provincial negotiators proceeded to organize negotiations as agreed by the Chief and the Premier on July 24th. On July 27th Provincial Lubicon negotiator John McCarthy wrote Federal Lubicon negotiator Brian Malone inviting Federal Government participation in negotiations. Mr. McCarthy proposed to commence negotiations "sometime after the middle of August", and asked Mr. Malone for "a schedule of convenient dates...after the 15th of August". Mr. Malone responded to the July 27th McCarthy letter on August 11th, inaccurately characterizing the invitation to join pre-agreed negotiations between the Province and the Lubicons as "relaying the Lubicon Lake Band's request for the resumption of tripartite talks", inaccurately "recalling" that the Lubicon negotiators "unilaterally broke off settlement talks" by rejecting the Federal Government's final "take-it-or-leave-it" settlement offer of January 24th, inaccurately describing the Federal Government's final "take-it- or-leave-it" settlement offer as "open", and inaccurately "assuming therefore that the Band now wishes to present a meaningful counter-proposal within the bounds of Canadian law". "As for suitable dates", Mr. Malone wrote that he could "alter other obligations so as to be available on any of the following: September 7-8, September 11-15, September 18-20, September 25-28". Regarding the purpose of the talks which he'd earlier inaccurately "assumed" were being convened so that the Lubicon people could "present a meaningful counter-proposal within the bounds of Canadian law", and making clear that the Federal Government was not agreeing to resume negotiations but only to listen to a supposed Lubicon counter-proposal, Mr. Malone wrote "Two consecutive days of discussions should indicate whether the Band's counter-proposals form the basis for meaningful discussions". Mr. McCarthy received Mr. Malone's August 11th letter on August 14th and immediately faxed a copy to Lubicon negotiator Fred Lennarson for reaction. Mr. Lennarson replied the following day, pointing out factual misrepresentations contained in the Malone letter, suggesting that Mr. Malone's earliest "suitable" starting date was intended to give Federal officials time necessary to formally constitute the recently announced Woodland Cree Band which Federal officials clearly hoped would enable them to effectively torpedo the Grimshaw Agreement, and rejecting the proposition that the Lubicons and the Province should simply wait and react to Federal Government actions. Rather Mr. Lennarson said that the Lubicons proposed to commence negotiations in mid-August with or without Federal Government involvement -- as earlier agreed by the Chief and the Premier. Regarding Mr. Malone's self-serving attempt to characterize proposed negotiations between the Lubicons and the Province as a Lubicon "request for the resumption of tripartite talks", and the purpose of the proposed negotiations as an opportunity for the Lubicons to "present a meaningful counter-proposal within the bounds of Canadian law", Mr. Lennarson instead proposed, consistent with the agreement between the Chief and the Premier, to use the time between August 15th and September 7th to negotiate a joint Lubicon/ Provincial counter-proposal to the Federal Government's final "take- it-or-leave-it" settlement offer. Regarding the agenda for proposed negotiations, Mr. Lennarson suggested that the agenda be categorized into items pertaining directly to settlement, and items possibly impacting upon negotiation of a settlement. Items possibly impacting upon negotiation of a settlement package, Mr. Lennarson said, would include recent Federal Government creation of the so-called new Woodland Cree Band, recent signing of the Daishowa Forest Management Agreement by the Alberta Government, and involvement of Ken Colby in negotiations. If the Federal Government included Mr. Colby on their negotiating team, Mr. Lennarson said, the Lubicon people intended to open-up negotiations to members of the legitimate media. Mr. McCarthy indicated that Federal officials anticipated Lubicon opposition to Mr. Colby and had therefore now made Mr. Colby an "assistant negotiator', instead of simply a "media spokesman". Mr. McCarthy said that Federal officials had also asked him to take a position on selection of negotiators, and that he'd taken the position that each party should pick its own negotiating team. He cautioned against giving Federal officials an excuse to walk out. Mr. Lennarson told Mr. McCarthy that the Lubicon people agreed with the principle that each party should select its own negotiating team. However, he said, the Lubicon people didn't intend to again agree to barring the legitimate media while the Federal Government involved their own private, bought-and-paid-for media man specifically to work on a self-serving media campaign. If the Federal Government included Mr. Colby on its negotiating team, Mr. Lennarson repeated, the Lubicon people intended to open-up negotiations to members of the legitimate media. As for Federal officials walking out, Mr. Lennarson pointed out that the Chief and the Premier had agreed to proceed with negotiations whether Federal officials participated or not. Mr. McCarthy responded to Mr. Lennarson's August 15th letter on August 17th, proposing August 23th as the starting date for proposed negotiations between the Lubicons and the Province. Mr. Lennarson confirmed the August 23rd starting date by phone later that same day. On August 18th Mr. Malone wrote Mr. McCarthy a letter regarding Mr. Lennarson's August 15th letter, which Mr. McCarthy had by pre-agreement with Mr. Lennarson provided to Mr. Malone. Mr. Malone was clearly distressed at the prospect of "a joint counter-proposal supported by both the Band and Alberta ready for discussion with the Federal Government at the tripartite meetings". Mr. Malone wrote "Our review of the press clippings after the meeting (between the Premier and the Chief) suggests that the Premier only agreed to invite Federal participation at such meetings with no intention of a joint proposal". Mr. Malone wrote "The joint proposal concept is a new feature and I will require your immediate advice as to the Province's position". Regarding the decision to proceed with negotiations on August 23rd with or without Federal Government involvement, Mr. Malone wrote "I propose to send (Federal Government bureaucrat) Bob Coulter as an observer if you agree". Mr. McCarthy received Mr Malone's August 18th letter on August 21st and phoned Mr. Lennarson. He said that he considered Mr. Lennarson's use of "the phrase joint counter proposal to be a matter of nuance rather than substance and therefore wouldn't be responding". However, Mr. McCarthy said, he would need a reaction from the Lubicon people regarding Mr. Malone's proposal to involve Mr. Coulter "as an observer". Mr. Lennarson checked with Chief Ominayak later that same day and advised Mr. McCarthy that the Federal Government was of course welcome to send whomever they pleased to the negotiations, but that anyone attending the negotiations on behalf of the Federal Government would also be expected to respond on behalf of the Federal Government. Mr. McCarthy indicated that he'd advise Mr. Malone of the Lubicon position on involvement of Mr. Coulter. Early in the meeting on August 23rd Mr. McCarthy described Mr. Coulter as an "observer". Mr. Lennarson told Mr. McCarthy that the Lubicon people hadn't and didn't agree to observer status for Mr. Coulter. After some discussion it was agreed that Mr. Coulter represented the Federal Government and would be expected to "provide available information and seek instruction regarding Canadian Government positions on the issues". After resolving the question of Mr. Coulter's status in the meeting, Mr. McCarthy said "It appears a new Band has been created". He said that he'd received a phone call from Calgary lawyer Bob Young the week before "requesting a meeting with the (Provincial Attorney General) to inform the AG about creation of the new Band". He said that Mr. Young had provided him with "no details" regarding the so-called new Band, and that he'd not yet received instructions from the AG on how to respond to Young's request. Mr. Lennarson asked Mr. Coulter for a list of supposed members of the new Band. Mr. McCarthy indicated that the Province would like a copy as well. Mr. Coulter pointedly ignored Mr. Lennarson and addressed his remarks to Mr. McCarthy. He told Mr. McCarthy that he couldn't provide a list but could say that "everybody on the initial (Woodland Cree membership) list will be a registered Indian under the Indian Act AS OF THE CREATION OF THE NEW BAND (capitalization added)". He said that creation of the new Band was "targeted for August 28th". If Mr. McCarthy wanted a copy of the Woodland Cree membership list, he said, "write Malone". Mr. McCarthy said that he'd write Mr. Malone requesting a copy of the Woodland Cree membership list. Lubicon lawyer Jim O'Reilly asked Mr. Coulter under what authority the so- called new Woodland Cree Band was being created. Mr. Coulter said "the new Band is being created by Ministerial Order under Section 17 of the Indian Act". He said that "Section 17 gives the Minister authority to create a new Band from an existing Band, or from the Indian Register, if requested to do so by persons proposing to form the new Band". Mr. Lennarson asked Mr. Coulter if Section 17 gave the Minister authority to organize and solicit such a request from dissident members of an organized aboriginal society, or from people added to the membership list of an organized aboriginal society by the Federal Government, for the specific purpose of subverting duly elected aboriginal leadership. Mr. Coulter denied that Federal officials had anything to do with organizing or soliciting the request to form the so-called new Band. Mr. Lennarson reminded Mr. Coulter that the original petition requesting formation of the so-called new Band followed rather than preceded meetings with Federal officials, and that the petition was an obvious sham, with 87 out of 152 supposed signatures signed by one person. Mr. Coulter said "Federal officials never took that petition seriously". Mr. Lennarson reminded Mr. Coulter of numerous public statements to the contrary by official Federal Government spokesman Ken Colby. He asked Mr. Coulter if Mr. Coulter was now admitting that Mr. Colby is a liar. Mr. Coulter said "I repeat, Federal officials never took that petition seriously". Mr. O'Reilly asked Mr. Coulter if a new Band created under Section 17 of the Indian Act was entitled to reserve lands. Mr. Coulter said "the new Band hasn't requested reserve lands but has been told that recognition as a Band doesn't necessarily involve reserve lands". Mr. Lennarson commented on how unusual it was for the Federal Government to respond to a request not even made, noting the usual Federal Government pattern was not responding to requests which had been made. Mr. McCarthy told Mr. Coulter that Woodland lawyer Young had advised the Province that "the new Band wants about 100 square miles of reserve land in the area of Cadotte Lake". Mr. Coulter repeated that the new Woodland Cree Band had not asked the Federal Government for reserve lands. Mr. Lennarson asked if Mr. Coulter could at least indicate the number of supposed Lubicons on the new Band list. Mr. Coulter said that "the Federal Government has 339 individual declarations from people asking to be transferred to the new Band". He said "100 of the 339 are registered Indians". He said "This 100 will form the initial membership list of the new Band". He said "More than half of the registered Indians -- between 50 and 70 -- are registered Lubicons". He said "More than that are on the Lubicon membership list". Mr. Lennarson asked if the 339 so-called "declarations" were actually sworn and signed by individuals. Mr. Coulter said that all of the 339 declarations were signed by individuals but not sworn. Mr. Lennarson asked Mr. Coulter for a list of registered Lubicons supposedly on the initial membership list of the so-called new Band. Mr. Coulter said that he would "try to get a copy of the Ministerial Order listing members of registered Bands asking to join the new Band". He repeated that "There are 100 registered Indians on this list". He said "The other 239 have applied to be added to the new Band BUT MAY OR MAY NOT BE INDIANS (capitalization added)". Mr. McCarthy asked Mr. Coulter about the effect of creating the Band on proposed Lubicon reserve lands. Mr. Coulter said "It's the position of Canada that creation of the new Band has no effect on Lubicon reserve lands". Mr. O'Reilly asked Mr. Coulter about the effect of creating the new Band on the Grimshaw Agreement, which is of course the basis of the agreement on Lubicon reserve lands. Mr. Coulter said "Any effect the new Band has on the Grimshaw Agreement is between the Lubicons and Alberta". Mr. Lennarson asked Mr. Coulter about the effect of creating the new Band on the Federal Government's final "take-it-or-leave-it" settlement offer. Mr. Coulter denied that the Federal Government had ever described the January offer as a final "take-it-or-leave-it" offer. Mr. Lennarson told Mr. Coulter that the Federal Government's so-called "offer" had been repeatedly described as "take-it-or-leave-it" when it was tabled last January 24th. Since January 24th, he said, Federal officials had repeatedly taken the public position that the so-called offer wouldn't be changed. He asked again about the effect of creating the new Band on the Federal Government's so-called final "take-it-or-leave-it" settlement offer. Mr. Coulter said "Any effect on the offer made in January will have to be discussed in September". Mr. Lennarson asked Mr. Coulter when Mr. Coulter would be able to provide the membership list of the so-called new Woodland Cree Band, the list of Lubicon people supposedly on the Woodland Cree membership list, and the list of Lubicon people who've supposedly applied for membership in the so-called new Woodland Cree Band. Mr. Coulter said that he'd ask for a copy of the list that night "and get instructions". Mr. McCarthy said that Lubicon representatives had indicated that they would insist the September 7th and 8th sessions be open to the media if Mr. Colby attended on behalf of the Federal Government. He asked Lubicon representatives to speak to the point and for Federal Government reaction from Mr. Coulter. Mr. Lennarson said that the Lubicon position was simple -- either no media or all media. He said that the Lubicon people didn't intend to again find themselves in the position of agreeing to bar the legitimate media, while the Federal Government's own private, bought-and-paid-for media man sat in negotiations preparing a propaganda campaign on behalf of the Federal Government. Mr. Coulter said that he would need to seek instruction regarding Federal Government reaction to the Lubicon position on involvement of the media in scheduled September 7th and 8th negotiating sessions. During the meeting on August 24th Mr. McCarthy asked Mr. Coulter if Mr. Coulter had received any instructions on provision of the Woodland Cree Band lists. Mr. Coulter said "I think that our initial, ordinary position is that this request should be made to the new Band". Mr. Lennarson said "We're making this request to the Federal Government as the conceiver, contriver, conniver, organizer, agent and spokesman for the so- called new Woodland Cree Band". Mr. Coulter said "We'll provide a list of registered Lubicons on the initial Woodland Cree Band list". He said "We'll also provide a list of people registered to other Bands but on the Lubicon membership list". Mr. Lennarson asked when the promised lists would be made available. Mr. Coulter said that the promised lists would be made available "after creation of the Woodland Cree Band next week". Mr. Lennarson asked about the names of people on the Lubicon membership list who aren't registered but have supposedly applied for membership in the so- called new Woodland Cree Band. Mr. Coulter said "You'll have to get the other names from (Woodland Cree lawyer) Young". He said "If Young has clients with a claim he should be prepared to give you a list of their names". Mr. Coulter then asked Mr. McCarthy "What is the Province's position on opening the September 7th session to the media"? Mr. McCarthy said that he thought negotiating sessions would be more productive without the media, but that the Province was "prepared to proceed either way". Mr. Coulter said "The media blackout won't be observed (by the Lubicons) in any case, but the Federal Government is hesitant to proceed with the media present". He said "If the Province wants the media present, Mr. McCarthy should write Mr. Malone". Mr. McCarthy asked again about the Lubicon position on involvement of the media. Mr. Lennarson repeated that the Lubicon people were prepared to proceed with or without the media present, but not with the Lubicons agreeing to bar the legitimate media while Federal officials involved their own private, bought- and-paid-for media man. Mr. Coulter said "We don't try to tell the Lubicons who to involve and reserve the right to involve who we please". Mr. Lennarson said "If Federal officials choose to involve their own private, bought-and-paid for representative of media, the Lubicon people will choose to involve the rest of the media". Mr. McCarthy asked Mr. Coulter to again communicate the Lubicon position to Mr. Malone. The discussion then proceeded to other items, including on-reserve capital infrastructure. Clearly a matter of Federal Government responsibility, proposed capital projects had been discussed at length and in detail with Federal representatives the previous December. However, in the context of the current talks, a list of on-reserve capital projects was now also provided to representatives of the Provincial Government for discussion. Mr. Coulter asked for a copy of the list of proposed on-reserve capital projects. He was told by Lubicon representatives that the Federal Government already had capital project and cost information -- that the information hadn't changed from last December. Mr. Coulter repeated his request for a copy of proposed capital projects, saying that he didn't bring his copy of the projects discussed last December. Mr. Lennarson told Mr. Coulter to have Mr. Malone write requesting a copy. Having largely achieved agreement between Provincial and Lubicon representatives on how to proceed with the remaining issues, Mr. McCarthy opened the August 25th session by proposing to "build an agenda" for discussion with Federal officials on September 7th. He was interrupted by an obviously agitated and atypically aggressive Mr. Coulter. Mr. Coulter said "Regarding letters requesting information, if the Band wants a copy of the Woodland Cree Band list, they should write Malone". Mr. Lennarson asked Mr. McCarthy if Lubicon representatives could have a copy of the list which the Federal Government had promised to provide the Provincial Government. Mr. McCarthy agreed to share any list received from the Federal Government. (The list was later provided to the Provincial Government on the condition that it would not be shared with the Lubicon people.) Mr. Coulter asked for "a counter-proposal from the Band to the Federal Government's January 24th settlement offer". He also asked for "a list of people represented by the Band". Mr. Lennarson told Mr. Coulter that the Lubicon people considered the Federal Government's so-called final "take-it-or-leave-it" offer a political manoeuvre, not a serious offer. He said that the Lubicon people weren't prepared to dignify such a transparent political manoeuvre with a counter- proposal. If the Federal Government was really serious about negotiating a settlement of Lubicon land rights, he said, Federal officials should return to the negotiating table and complete negotiation of outstanding issues, rather than continuing to jockey for political position. As for the requested list of people represented by duly elected Lubicon leadership, Mr. Lennarson said, the Federal Government already had such a list. If the Federal Government had reason to believe that anyone on the Lubicon list wasn't represented by duly elected Lubicon leadership, he said, Federal officials should provide information to that effect -- presumably the names of Lubicon people who'd indicated that they wanted to transfer to the membership list of the so-called new Woodland Cree Band. Mr. Coulter then asked for Lubicon representatives "to at least spell out what it will take to settle". Mr. Lennarson repeated that the Lubicon people had spelled out many times what it would take to settle. Mr. Coulter asked that the Lubicon people "spell out for the September 7th meeting what it will take to settle." Mr. Lennarson said that the Lubicon people would be prepared to once again spell out what it will take to settle for the September 7th meeting. Mr. McCarthy concluded the meeting by asking Mr. Coulter and Mr. Lennarson for letters spelling out in writing their respective positions on involvement of the media. Mr. Lennarson did so that same day. Mr. Malone waited until after he'd received a copy of Mr. Lennarson's letter, and then in effect responded to Mr. Lennarson's letter. Mr. Malone said "Our response (to the Lubicon position on involvement of the media) is that all parties must be free to choose their own representatives". He said "Canada will not participate in negotiations at which the media is present". "As an alternative" he proposed that Mr. McCarthy "engage a court reporter to record proceedings...should the accuracy of subsequent comments to the media become a matter of later controversy". "As an aside", Mr. Malone said,...given past experience there is no useful purpose to be served by a media blackout during any negotiations involving the Lubicon Lake Band". Mr. McCarthy was out of the office on September 1st but arranged to have his secretary send Mr. Lennarson a copy of Mr. Malone's September 1st letter. Mr. Lennarson received the copy of Mr. Malone's September 1st letter a couple of days later and responded immediately. Mr. Lennarson said the Lubicon people agreed with Mr. Malone that "no useful purpose (is) to be served by a media blackout" during negotiations between the Lubicon people and the Canadian Government. Mr. Lennarson said "No useful purpose (is) to be served, because, as Lubicon representatives made clear to Coulter at the meeting on August 23rd, the Lubicon people won't ever again allow a demonstrably duplicitous Canadian Government to hide its Machiavellian machinations behind a media blackout". Mr. Lennarson said the Lubicon people also agreed with Mr. Malone that "all parties must be free to choose their own representatives". However, Mr. Lennarson said, "the Lubicon people intend to appropriately balance the 'representatives' selected by the Canadian Government". "If the Canadian Government again chooses to include a man on its negotiating team whose only purpose is to conduct a highly misleading and self-serving media campaign, the Lubicon people will respond by inviting representatives of the legitimate media to attend the negotiations and report what really transpires". As for Mr. Malone's proposal "that the hiring of a court reporter to transcribe the proceedings would be a more appropriate response to the Canadian Government involving a professional propagandist on its negotiating team", Mr. Lennarson said, "Surely he's not serious". "While the Lubicon people would welcome the involvement of a court reporter to transcribe the proceedings", Mr. Lennarson said, "any dope knows that such a transcript is hardly an effective response to the kind of on-going propaganda campaign being conducted by the Canadian Government's bought-and-paid-for media man". In conclusion Mr. Lennarson said: "If representatives of the Canadian Government really don't want the media involved in negotiations, instead of only seeking political advantage by having their own bought-and-paid-for media man in negotiations while representatives of the legitimate media are kept outside, they can leave Mr. Colby outside. Alternatively, if representatives of the Canadian Government refuse to meet unless Mr. Colby is present and members or the legitimate media are barred, the Lubicon people will simply conclude that the Canadian Government still isn't serious about achieving a negotiated settlement and will proceed accordingly." On September 6th Mr. McCarthy phoned Mr. Lennarson to discuss a phone conversation he had with Mr. Malone. He said Mr. Malone told him that "the Feds will not participate if the media is there". He asked Mr. Lennarson if Mr. Lennarson thought the Feds would stick to their stated position on involvement of the media, and also if the Lubicon position on involvement of the media was firm. Mr. Lennarson told Mr. McCarthy that the Feds had involved Mr. Colby in negotiations over Lubicon objections twice before and undoubtedly thought that they could get away with it again. However, he said, he doubted that the Lubicon people would be prepared to cede the Colby issue again, especially since Mr. Colby had preformed exactly as predicted when allowed to sit in on negotiations. Mr. McCarthy asked if the Lubicon people would object to the Province meeting privately with the Feds. He said that he "sensed some movement" and wanted to see if he was right. After checking with Chief Ominayak, Mr. Lennarson advised Mr. McCarthy that the Lubicon people had no objection to the Province meeting privately with the Feds. Representatives of the Federal and Provincial Governments met in Edmonton at an undisclosed site the morning of September 7th, after Federal Government spokesmen falsely told reporters that the Federal negotiating team's plane had been delayed and that Federal negotiators therefore wouldn't be arriving in Edmonton until later that afternoon. Following the meeting between the Federal and Provincial negotiating teams, Mr. McCarthy told the Lubicon negotiating team that Mr. Malone wanted a written statement from the Lubicon people on "what it will take to settle". A statement reiterating the Lubicon position on outstanding settlement issues, and predicting that Federal officials only wanted the Lubicon statement in order to release an already prepared response, was delivered to Mr. McCarthy the next morning. Mr. McCarthy delivered the Lubicon statement to Mr. Malone. Within a couple of hours of receiving the Lubicon position paper Mr. Malone responded as predicted, with a revised Federal offer which had obviously been drafted prior to receipt of the Lubicon statement. Release of the revised Federal Government offer was then followed immediately by a press conference called by Ken Colby. As expected the Federal Government's revised "offer" provided nothing new. It dismissed the statement reiterating the Lubicon position on outstanding settlement issues as "merely" a reiteration of the Lubicon position "containing no specifics which would advance negotiations". It put forth the newly created Woodland Cree Band as having equally valid rights to the traditional Lubicon area. It indicated that the membership of the Woodland and Lubicon Lake Bands will have to be "validated" by both levels of Canadian Government before any "meaningful future discussions" can take place. It asked whether the Provincial Government was prepared to transfer more land to provide a reserve for the newly created Woodland Cree Band or was going reduce the amount of reserve land committed to the Lubicon people at Grimshaw. It made clear that the Federal Government's January offer would be adjusted downward to take into account a supposedly reduced number of Lubicons resulting from transfers into the newly created Woodland Cree Band. It proposed to amend that section of the January offer requiring a full and final release of all legal rights, which was so obviously in conflict with Federal Government descriptions of that offer. And it proposed to replace the easily criticized "Socio-Economic Program" included in the earlier offer, which contained a number of obviously inadequate items totalling over ten million dollars, with an equally inadequate -- but not so stupidly worded --blanket offer of the interest on a ten million dollar fund. (See the January 28, 1989, analysis of the January 24th offer for details on the so-called "Socio- Economic Program" contained in the earlier offer.) Having thus responded to the temporarily worrisome challenge posed by Lubicon/Provincial efforts to re-start negotiations, Federal negotiators headed for home. With no hope of a negotiated settlement in sight, the Lubicon people once again started gearing-up to protect their vital interests on the ground. ============================================================================== Retyped for your information is a resolution regarding creation of the so-called new Woodland Cree Band. This resolution was recently passed by the Assembly of First Nations, the representative body of Treaty Indians in Canada. * * * * * National Indian Brotherhood ASSEMBLY OF FIRST NATIONS Head Office: Territory of Akwesasne Hamilton's Island Summerstown, Ontario K0C 2E0 Tel: (613) 931-1012 Ottawa Office: 47 Clarence Street, Suite 300 Ottawa, Ontario K1N 9K1 Tel: (613) 236-0673 TELEX 053-3202 CONFEDERACY OF NATIONS RESOLUTION NO. 17/89 PROPOSED BY: Bill Erasmus, Northwest Territories SECONDED BY: Steve Fobister, Ontario CONCENSUS Certified copy of a Resolution adopted on October 19, 1989 in Yellowknife, N.W.T. (Signed) Georges Erasmus National Chief Subject: Lubicon Lake Nation ----------------------------------------------------------------------- WHEREAS the Lubicon Lake Nation has the inherent right to determine its own membership; and WHEREAS the assertion and recognition of aboriginal and treaty rights are integral to the First nations pursuit of self-determination, an objective supported by international law and covenants; and WHEREAS the aboriginal and treaty rights of First Nations are recognized and protected under Section 35 of the Constitution Act, 1982, which is the supreme law for Canadians and their governments; and WHEREAS the Government of Canada has a fiduciary, moral and legal obligation to protect the peoples of the First Nations; and WHEREAS the Government of Canada through its Minister of Indian Affairs has sought to undermine the integrity of the Lubicon Lake Nation by unilaterally entering and removing the names of persons onto its Band list in violation of Lubicon membership laws; and WHEREAS the Government of Canada, through its Minister of Indian Affairs, has sought to undermine the leadership of the Lubicon Lake Nation by falsely representing those artificial Band members as being dissident citizens of the Lubicon Lake Nation; and WHEREAS these actions constitute a reprehensible and offensive intyerference into matters which are within the rightful jurisdiction of the Lubicon Lake Nation; and WHEREAS by these actions the Government of Canada has, through its Minister of Indian Affairs, shown complete lack of regard for the pre- existing needs and concerns of other First Nations across Canada by ignoring their long-standing requests for Indian band status and instead promoting the creation of the Woodland Cree Band in furtherance of a strategy aimed at destroying the rights and existence of the Lubicon Lake Nation; and WHEREAS the Government of Canada, through its Minister of Indian Affairs, has by these actions exhibited a blatant disregard for its fiduciary responsibilities, laws, stated policies and for the precepts of moral fairness in its dealings with the Lubicon Lake Nation, NOW THEREFORE BE IT RESOLVED THAT the Confederacy of Nations issue as soon as possible a statement condemning the actions of the Government of Canada; and BE IT FURTHER RESOLVED THAT the Confederacy of Nations direct the National Chief to bring pressure to bear upon the Prime Minister of Canada to review the actions of his Minister of Indian Affairs in light of his fiduciary duty, legal authority and federal policies in relations to Indian self-government and to make public a report on the findings of that review; and BE IT FURTHER RESOLVED THAT the Confederacy of Nations hereby direct the AFN Secretariat to give a high priority to activities in support of the Lubicon Lake Nation and in furtherance of the intent and purpose of this resolution; and BE IT FINALLY RESOLVED THAT all First Nations and their regional associations are also requested to adopt measures in support of the Lubicon Lake Nation, and the inherent right of all First Nations to self-government and self-determination. October 19, 1989 Yellowknife, N.W.T. ======================================================================= INDIAN PROBLEM BASED ON LAND by Richard Wagamese, Columnist, CALGARY HERALD, Sun., Oct 29,1989 There's good news and there's bad news. The bad news is that the government to the east still believes in the merits of the divide and conquer methods in its dealings with the Indians. The good news is that its practically impossible in this modern age to sneak it by without attracting any publicity. Back in the good old days the government could shuffle the Indians off to the reservations, claiming they were allowing them at least some of their land back. What they were really doing was isolating each group of Indians from the others. Without benefit of communication it was impossible for the Indians to unite and organize any kind of political front or to see that vast problems existed in the system. Divide and conquer. In order to see the implications of this ploy it is first necessary to know that the so called "Indian Problem" in this country is based on the issue of land. The government would have us believe that the Indian problem is primarily a cultural one. Not so. It's always been the land. Initially the Europeans wanted the land for settlement. As modern technology and modern society evolved the land became important for the resources it held. From furs to fission the land held the future. As long as the Indians held land there was an Indian problem. There's an Indian problem right in our own backyard. Just over a year ago Premier Don Getty and Lubicon Indian Chief Bernard Ominayak signed the Grimshaw Agreement. It was evidence that the province and the Lubicons wanted to settle the Lubicons' 50-year-old Land Claim. All that was needed was the cooperation of the federal government. It's been over a year and all signs indicate a long wait. Rather than work with the province and the Indians the government has decided to haul out the old method of divide and conquer. In August of this year they officially recognized the existence of a group of Indians now known as the Woodland Cree Band. Previous to August the Woodland Cree did not exist. The fact that they do exist these days is due to some frightening specifications contained in the Indian Act. Section 17 of that legislation gives the minister responsible the absolute power to create new Indian bands whenever he so desires. All that is needed is the request of an unspecified number of persons to form a new band. Theoretically, a dozen people could make such a request and become officially recognized as an Indian band. They simply need to be members of an existing band or be listed with the Indian registrar. Section 17.2 of the Indian Act allows the minister the absolute power to take money and land away from existing bands in order to accommodate the newly created one. Enter the Woodland Cree. This anonymous gathering of Indians number 100 registered Indians. The government would have us believe that they are all disgruntled members of Chief Ominayak's band. Not so. They belong on the band lists of six separate, northern Alberta bands. Only 37 are registered Lubicons. Some time ago the government made a big show of its concern for the Indians by its support of Bill C-31. This bill made it possible for Indians who had either lost or never had status to regain it. Nowadays, and in light of the Lubicon situation, it's beginning to look as though the entire Bill C-31 move was a means to an end. Some 250 C-31 Indians will become members of the Woodland Cree Band. The government is hurriedly processing their applications. Following the dictates of the Indian Act these C-31 returnees are being registered within existing bands to be later transferred to the Woodland Cree. This is interesting because there are some 70 aboriginal groups in this country that have been waiting over 50 years for official recognition as a band. It is more than curious that the Woodland Cree should be officially recognized in less than two months. With recognition comes negotiation. The Woodland Cree are claiming rights to the traditional Lubicon area. If the minister sees fit he could appropriate land from the Lubicon claim and hand it over to the Woodland Cree along with whatever amounts of money he deems fit as well. The Lubicon could be left out in the cold. The most frightening aspect of this whole fiasco is that section 17.3 of the Indian Act dictates that no protest may be made. Absolute power. The minister is free to create whatever bands he chooses, take whatever lands he chooses from established bands and communities and remove whatever amounts of funding from existing bands as well. There's more to this story than this space will allow but rest assured that divide and conquer is alive and well. EAGLE FEATHERS: To Bernard Ominayak, Fred Lennarson and all those at the front lines in the continuing battle for the land. ============================================================================== Retyped for your information is a copy of a letter recently sent to Canadian Prime Minister Brian Mulroney by the National Chief of the Assembly of First Nations Georges Erasmus regarding the Lubicon Lake situation. The Assembly of First Nations is the representative of Treaty Indians in Canada. ---------------------------------------------------------------------- National Indian Brotherhood ASSEMBLY OF FIRST NATIONS Head Office: Territory of Akwesasne Hamilton's Island Summerstown, Ontario K0C 2E0 Tel: (613) 931-1012 Ottawa Office: 47 Clarence Street, Suite 300 Ottawa, Ontario K1N 9K1 Tel: (613) 236-0673 TELEX 053-3202 November 7, 1989 Right Honourable Brian Mulroney Prime Minister of Canada House of Commons Centyre Block, Room 309-S Ottawa, Ontario K1A 0A6 Dear Mr. Prime Minister: As you are aware, the people of the Lubicon Lake Nation have been waiting for over fifty years now for acknowledgement of their rights to their unceded, traditional lands. During this time, the Lubicon have been forced to stand by and watch as their traditional economy and way of life has been destroyed through the ongoing efforts of resource development companies. This destruction has been allowed to continue with the full knowledge of successive federal and provincial governments. What you may not be aware of, however, is the fact that the Minister of Indian and Northern Affairs Canada, the Honourable Pierre Cadieux, has recently established the Woodland Cree Indian Band and promised to designate an Indian reserve for this band within the traditional territory of the Lubicon Lake Nation. Furthermore, the Registrar of Indian and Northern Affairs Canada (INAC) has added the names of at least twenty-six persons to the list of the registered Lubicons without the consent of the Lubicon Lake Nation. These names were subsequently left on the Lubicon list for several days and then removed and placed onto the Woodland Cree's band list, in violation of existing legislation and policy guidelines. It is especially appalling to note that, as these actions were being carried out, the Minister and his representatives were attacking the leadership of the Lubicon Lake Nation by falsely representing those artificial band members as being Lubicon dissidents. This can only be seen as a blatant and malicious attempt to undermine the integrity of the Lubicon Lake Nation, and as a means of subverting their rights to their traditional homelands. The above actions were taken despite the fact that the Lubicon Lake Nation has their own Membership Code, as is provided for under the INDIAN ACT. You can appreciate that the actions referred to above directly contradict your government's own stated policy in relation to Indian self-government as well as a number of INAC's written policies and guidelines. The Section 10 membership provision of the INDIAN ACT can only be an absurdity if the Minister, or his appointed officials, may over-ride the authority of an elected Chief and Council whenever they see fit to tamper with a band's membership list! This calls into question the whole notion of democracy which Canada supposedly upholds. This type of approach towards the rights and needs of First Nations cannot be allowed to continue. As you well know, the government of Canada has a fiduciary, moral and legal obligation to preserve and safeguard the interests and rights of First Nations' citizens. This obligation is supported by international law, covenants, human rights principles, and it is also entrenched in the Constitution of Canada. Mr. Prime Minister, this intolerable situation demands that immediate steps be taken to review the activities of your Minister of Indian Affairs in order to determine whether or not the fiduciary, moral and legal standards relevant to his position and responsibilities have been upheld. This review should take the form of a public inquiry so as to ensure that justice may not only be done, but also be seen to be done. In your capacity as a responsible head of government it is, I believe, your duty to act upon these matters in a manner that is consistent with the public trust that is embodied in the Office which you now hold. Cynicism, distrust and deception should have no place whatsoever in the foundations of relationships between nations, governments or peoples. Neither should these decidedly unworthy attributes be allowed to cast shadows upon Canada's reputation as a fair and benevolent society. However, this is exactly what will result if your government's present strategy towards First Nations rights is allowed to subsist. I must point out that these are not idle words, nor should they in any way be considered as an exaggeration. This assertion is strongly supported by recent disclosures that your government has spent several million dollars during the past fiscal year on private legal services in an effort to avoid settling Native land claims. Surely this country's resources could be put to more constructive and honourable usues than this. These circumstances are not merely local in nature, nor shall their effect be felt by only those First Nations which have been directly implicated by the actions of your Minister of Indian Affairs. The future interests of all First Nations in Canada stand to be prejudiced by this because it can only serve to seriously undermine your government's stated policy of advancing the cause of First Nations government. This is a national issue of far-reaching importance and to merely ignore it will only lead to a continuation of the injustices which have already been brought about. Finally, the burden of responsibility in this regard is upon you, Mr. Prime Minister, and I demand that you take immediate steps to discharge your duty in a manner consistent with the significance that this matter holds for all First Nations and for Canada as a member of the world community. Sincerely, THE ASSEMBLY OF FIRST NATIONS Georges Erasmus National Chief cc:Lawrence Courtoreille, Indian Association of Alberta Bernard Ominayak, Chief, Lubicon Lake Indian Band The Honourable Pierre Cadieux, Minister, INAC Ethel Blondin, MP, Liberal Critic, Native Affairs Robert E. Skelly, MP, NDP Critic, Native Affairs ======================================================================== Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 January 30, 1990 Enclosed for your information is a copy of a letter to Canadian Prime Minister Brian Mulroney from Kahnawake Chief John Bud Morris. Attached to the letter is a copy of a Mohawk Council Resolution on the recent Canadian Government "creation" of the so-called Woodland Cree Band. * * * * * Mohawk Council of Kahnawake P.O. Box 720 Kahnawake, Quebec, J0L 1B0 OFFICE OF THE COUNCIL OF THE CHIEFS 19, Tsothohrko':wa/January 1990 Right Honourable Prime Minister Brian Mulroney House of Commons Parliament Buildings Ottawa, Ontario K1A A06 Wa'tkwanonwera:ton (Mohawk Greetings): For some time now, we have been following the situation concerning the Lubicon Lake Indian Nation, Canada and the Province of Alberta. Lately, we have grown suspicious of your governments' motives, at least more so than before. That suspicion has now evolved to mistrust in the Canadian government's capacity to negotiate in good faith with the Native people. This mistrust has come about for several reasons. It strikes us as extremely prejudicial that the Honourable Mr. Cadieux would create the so called "Woodland Cree Band" in the face of long standing, unresolved negotiations over the Lubicon Lake Indian Nation unceded territory and compensation. Further, we are very concerned that this ancient divide and conquer tactic will be used elsewhere by Mr. Cadieux when other Native leaders exasperate him so in the negotiation process. Attached, you will find a resolution from the Mohawk Council of Kahnawake which further details our position on this issue. On the matter of the so called final offer of the Federal Government, we find the attitude displayed by the Federal negotiators, and their political representative to be a major stumbling block to a final agreement. The situation has improved somewhat with the participation of Premier Getty, but alas, it appears that ironically enough, the Lubicon and Premier Getty are having to drag the Federal government along. I suspect a similar situation will occur with the Kahnawake Mohawks and Quebec having to pull your government into negotiations on long standing unresolved territorial issues in Kahnawake. Indeed, recent public statements made by Cadieux clearly indicate that the Federal government is not willing to enter into discussions with the Province of Quebec and the Mohawks of Kahnawake on the matter of "Territorial Claims" (Le Devoir, January 4, 1990). Should this attitude be the norm of the Federal government, I would politely suggest that these norms be changed in the interests of Canada and all Native people. This coming decade represents a challenge which all sides must participate fairly and equitably if we are to avoid the misgivings of the past and their consequences to Native and Canadian societies for the future. Nia:wen (Thank You), MOHAWK COUNCIL OF KAHNAWAKE Signed Chief John Bud Morris Enclosure cc: Chief Bernard Ominayak, Lubicon Lake Indian Nation * * * * * Mohawk Council of Kahnawake P.O. Box 720 Kahnawake, Quebec, J0L 1B0 OFFICE OF THE COUNCIL OF THE CHIEFS The Council of the MOHAWKS OF KAHNAWAKE Agency KAHNAWAKE Province QUEBEC Place COUNCIL OFFICE Date Day 20 Month 11 AD 1989 Do hereby resolve: MOHAWK COUNCIL RESOLUTION NO. 82/1989-90 PROPOSED BY: Chief John Bud Morris Seconded by: Chief Hazel Lazare WHEREAS, the Mohawks of Kahnawake are in full support of the Lubicon Lake Indian Nation and their assertion of rights over their aboriginal territory, and; WHEREAS, the Lubicon Lake Indian Nation have made sincere efforts to negotiate fairly with the governments of Canada and Alberta concerning the former's aboriginal territory. WHEREAS, the Government of Canada has chosen to undermine these negotiations and lessen its obligations with respect to Lubicon Lake Indian Nation by using extraordinary measures, to wit: The creation of a previously non-existent group of natives called the "Woodland Cree Band", and; WHEREAS, this creation of the Canadian government has no right whatsoever to negotiate aboriginal land rights with respect to the Lubicon Lake Indian Nation aboriginal territory or any other aboriginal territory, and; BE IT RESOLVED THAT the Mohawk Council of Kahnawake denounces the tactics used by the Canadian Government as archaic and genocidal, and; BE IT RESOLVED THAT the Mohawk Council of Kahnawake recognizes the full authority of the Lubicon Lake Indian Nation to determine who its citizens are, regardless of the actions of Canada, and; THEREFORE BE IT RESOLVED THAT the Mohawk Council of Kahnawake does not recognize the "Woodland Cree Band" as being part of any aboriginal nation, and; BE IT FURTHER RESOLVED THAT the Canadian Government live up to its obligations and responsibilities by recognizing the Lubicon Lake Indian Nation aboriginal rights and territory, and; BE IT FINALLY RESOLVED THAT the Government of Canada suspend the powers of the present Minister of Indian Affairs to enact section 17 of the Indian Act and declare null and void the Minister's creations of the "Woodland Cree Band" until such time as Lubicon Lake Indian Nation aboriginal claims and assertions are settled to the satisfaction of the latter. (Signed by 10 Chiefs and Councillors of the Mohawk Nation.) ============================================================================== Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 April 2, 1990 The newly elected Chief of the Woodland Cree Band recently attended a meeting of Treaty 8 Chiefs and was unanimously denied recognition. Treaty 8 covers an enormous area completely surrounding the traditional Lubicon territory. As such the Chiefs of Treaty 8 know what Indian Nations have traditionally occupied the area. Professional Federal Government propagandist Ken Colby denied that refusal of the Treaty 8 Chiefs to recognize the Woodland Cree Band "changes" the legitimacy of the Woodland Cree Band. One can only wonder what "legitimacy" Mr. Colby's talking about. Enclosed for your information is a copy of the unanimous resolution passed by the Treaty 8 Chiefs and related media coverage. * * * * * RESOLUTION OF GRAND COUNCIL OF TREATY 8 NATIONS PROPOSED BY: Chief Pat Marcel, Ft. Chipewyan Nation SECONDED BY: Chief Charles Beaver, Bigstone Cree Nation REGARDING: The Canadian Government's use of Section 17 of the Indian Act to undermine the Lubicon Lake Nation and other Treaty 8 First Nations' jurisdiction and rights over citizenship and traditional Lands and Resources WHEREAS the Treaty 8 Nations hereby gathered on this 8th day of March, 1990, strongly support the Lubicon Lake Nation and its inherent jurisdiction to determine its own membership and to the ownership of the Lands and Resources in its Traditional Territory; and, WHEREAS the Canadian Government has sought to undermine the rights and jurisdiction of the Lubicon Lake Nation by the creation of the Woodland Cree Band; and, WHEREAS this oppressive action on the part of the government of Canada contravenes the spirit and intent of Treaty 8 entered into in 1899 by the British Crown and the sovereign Nations of Treaty #8; THEREFORE BE IT RESOLVED the Grand Council of Treaty 8 Nations condemns the actions of Canadian government and resolves to not recognize the Woodland Cree Band. Passed unanimously by the Grand Council of Treaty 8 Nations at Edmonton, Alberta, this eighth (8th) day of March, 1990 ============================================================================== Retyped for your information is a copy of a letter recently sent to Canadian Prime Minister Brian Mulroney by the National Chief of the Assembly of First Nations Georges Erasmus replying to a communication by former Indian Affairs Minister Pierre Cadieux. The Assembly of First Nations is the representative of Treaty Indians in Canada. * * * * * OFFICE OF THE NATIONAL CHIEF National Indian Brotherhood ASSEMBLY OF FIRST NATIONS Ottawa Office: 47 Clarence Street, Suite 300 Ottawa, Ontario K1N 9K1 TEL: (613) 236-0673 FAX: (613) 238-5780 March 20, 1990 The Right Honourable Brian Mulroney Prime Minister of Canada House of Commons Centre Block, Room 309-S Ottawa, Ontario K1A 0A6 Dear Mr. Prime Minister: On November 7, 1989, I wrote to you expressing my concerns in relation to the actions taken by your government regarding the formation of the Woodland Cree Indian Band. As I pointed out to you at that time, those actions represent an unconscionable attempt to undermine the integrity of the Lubicon Lake Nation. The sole purpose of this can only be seen to be that of subverting the Lubicons' claim and rights to the possession and benefits of their traditional homelands and resources. In my letter to you, I requested that you take the initiative in this deplorable and shameful situation and institute a review to determine whether or not your former Minister of Indian Affairs has, in fact, properly discharged the fiduciary, moral and legal obligations which your government is responsible for in relation to this matter. I have reviewed the letter from The Honourable Pierre Cadieux that was intended as a response to my earlier correspondence to you in this regard. That response was so one-sided and filled with blatant inaccuracies that it can only be considered to be intended as a means for misleading. I have no choice but to once again request that a public inquiry be initiated at this time. Mr. Prime Minister, I am quite serious when I say that the response from your former Minister of Indian Affairs is no more than an attempt to misrepresent his role in these developments. All of the circumstances which I have related to you about these events are entirely supported by fact and documentary evidence that has been obtained from various sources, including the Department of Indian and Northern Affairs. For instance, your Minister states that he received an initial petition signed by persons from Cadotte Lake/Little Buffalo expressing their dissatisfaction with the Lubicon Lake Band. Next, he asserts that he received a second petition from about "150 Native people, a number of whom were Lubicon Lake Band members", advising him of their desire to pursue their rights under Treaty #8 independent of the Lubicon Lake Band. These petitions appear to have been the catalyst upon which the INAC Minister began his campaign to raid the membership lists of a number of First Nations, including the Lubicon, in order to create the Woodland Cree Band. With regard to the first petition, it appears that this correspondence came from non-Indian persons who are not in any way connected with the Lubicon Lake Nation. The question that must be asked is this, "Since when does the Minister of Indian and Northern Affairs take action such as this upon a display of dissatisfaction from non-Indians in relation to an Indian Band?" I am sure that you will have to agree with me that this action is totally unprecedented and uncalled for, especially in relation to a First Nation that is deeply involved in on-going negotiations over land rights. The second petition is fraudulent. This fact is borne out by the written admission from the individual who sent it, stating that he had signed 87 of the signatures himself. When contacted, many of the persons who had supposedly "signed" this document said that they had never seen it, nor had they given any consent for it to be signed on their behalf. Yet, your Minister saw fit to proceed with his vindictive assault against the elected leadership and composition of the Lubicon Nation based on this second petition, notwithstanding the fact that he knew right from the start that it was a misrepresentation. Your Minister says that the motivation for his actions stemmed from the Canadian government's policy of attempting to resolve all outstanding claims pursuant to treaties. If this is the case, then what about all the previous claims made by other First Nations for the recognition and implementation of their rights pursuant to treaties? There is no escaping the fact that many other First Nations have either been consistently ignored or forced to fight long and costly legal battles to have their treaty rights vindicated. Yet your Minister has considered it appropriate to go to such great lengths in this particular instance. Are we supposed to believe that the Minister has been moved by exclusively altruistic sentiments in this one circumstance? Why then not in relation to the other First Nations who have an even greater need? The conspicuously selective manner in which the Minister chose to pursue that "policy" objective strongly supports the proposition that he did so only as a misguided and malicious attempt to prejudice the Lubicon Nations' rightful claims against the Canadian government for their traditional homelands and resources. There are presently many other First Nations communities across Canada which have been trying to be recognized as Indian bands and alotted reserve lands by the federal government for a long time now. Some of these First Nations are: The Fort Fitzgerald Dene and the Grand Cache people of Alberta; The Beaverhouse Indian Community; The Hornepayne Indian Community; and The Moosonee First Nation. These latter three First Nations are all situated within the Province of Ontario. Why haven't any of these long-established First Nations ever been accorded the same type of consideration that the Minister has so readily provided in this instance? The only reason that one could assume is that this was done in order to try to weaken the claim of the Lubicon Lake Nation. If there is another supportable reason for this differential approach, then it would be in yours and Canada's interest to make it known as soon as possible. Otherwise, the impression that will subsist in the minds of Canadians and persons of the greater world community will be that of a deliberate and immoral act of overt oppression on the part of your government against the Lubicon Lake Nation. Mr. Prime Minister, the former Minister of Indian and Northern Affairs has stated that he did not tamper with the membership lists of the Lubicon Lake Nation. This is a lie. The AFN is in possession of documentation acquired pursuant to the Access to Information Act which clearly shows that such tampering did in fact occur. Moreover, the former Minister contravened his own guidelines and stated policies in so doing without first consulting and receiving the consent of the several First Nations thereby affected. These guidelines and policy statements are also in our possession at this time. After reviewing the above facts, I am sure that you will only be able to reach the same conclusion that I have regarding this situation: that something very WRONG and immoral has been done by your ex-Minister of Indian and Northern Affairs against the Lubicon Lake Nation. My contentions are further supported by the many other established First Nations which have made public their condemnation of the former Minister's actions and also their steadfast refusal to recognize the Woodland Cree Band as a legitimate First Nation. As you may be aware, the Woodland Cree are in no way a community as such, but rather, their membership roles are made up of persons from numerous Indian Bands and other communities and these persons are currently residing throughout the whole northwest quarter of the Province of Alberta! This is obviously NOT a community in any sense of the word. I must once again reiterate that you are the sole person ultimately responsible for the actions of the Canadian government. Whatever the eventual outcome of this matter may be, you have a central role and duty to discharge in these events, and the manner in which you exercise your authority to meet those burdens will certainly be measured against Canada's stated commitment to human rights and justice. Therefore, I believe that it is most important that an immediate public inquiry into these matters be initiated by your office in order that these issues may be reviewed in a manner consistent with the principles of morality and natural justice. I look forward to an early reply from your office in relation to this extremely urgent matter. Sincerely yours, THE ASSEMBLY OF FIRST NATIONS Georges Erasmus National Chief c.c. Chief Bernard Ominayak, Lubicon Lake Nation Maxwell Yalden, Canadian Human Rights Commission The Honourable Thomas Siddon, Minister, INAC The Honourable Donald Getty, Premier of Alberta All AFN Chiefs Robert E. Skelly, MP Ethel Blondin, MP Standing Committee on Aboriginal Affairs United Nations Human Rights Committee ============================================================================== Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 April 2, 1990 On March 26, 1990, professional Federal Government propagandist Ken Colby announced that an "Agreement-in-Principle (AIP)" had been signed between the Government of Canada and the Woodland Cree Band. The Woodland AIP reportedly covers community construction but doesn't cover economic development or reserve land. Mr. Colby told reporters that the so-called new Woodland Cree Band includes about 150 ex-Lubicons and that the Federal Government doesn't "intend to pay anybody twice". Where the 150 number comes from is unknown, since the Federal Government has consistently refused to release the names of Woodland Cree Band members, but what Mr. Colby is clearly suggesting is that the Federal Government intends to reduce the supposed amount of its so-called "take-it-or- leave-it" offer to the Lubicons by approximately one third. No further details are currently available. ============================================================================== Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 December 23, 1990 On December 19, 1990, Canadian Federal Indian Affairs Minister Tom Siddon and Alberta Provincial Attorney General Ken Rostad announced that they'd reached an "agreement-in-principle" with the so-called "Woodland Cree Band". Minister Siddon and AG Rostad represented this "agreement-in-principle" as evidence of their good will and suggested that it's the Lubicon peoples' own fault that there's no Lubicon settlement. The Woodland Cree "agreement-in-principle" is in fact only further evidence of the boundless cynicism of Canadian Government, and further proof of the lengths to which both levels of Canadian Government are prepared to go in order to obliterate the Lubicon society. At the time of the Lubicon Olympic Boycott three Alberta claims which had been outstanding for decades were rushed to settlement -- Fort Chip Cree, Whitefish Lake and Sturgeon Lake. People associated with the Fort Chip and Whitefish Lake negotiations were pretty amenable to whatever terms the Government was prepared to offer -- and the resulting settlements show it. The Sturgeon Lake people did appreciably better, recognizing accurately that for once Canadian Government really wanted a settlement -- if only in order to deflect growing public and international outrage over the increasingly well known plight of the Lubicon people. In the case of the Woodland Cree the Government of Canada actually created a whole new aboriginal society with whom to settle, while at the same time continuing to ignore the rights of countless legitimate aboriginal societies across the land -- most of whom have been unsuccessfully pursuing recognition of their rights in a non-confrontational way practically since first contact with Canadian Government officials. So too would the Fort Chip Cree, Whitefish Lake, Sturgeon Lake and Woodland Cree people still be waiting, if it were not for the considerable public and international pressure created by the Lubicon struggle, and the Canadian Government's obvious decision to use rushed settlements with these three aboriginal groups to try and counter adverse publicity being generated by the Lubicon struggle. In spite of all of the calculated hoopla, little is actually known about the substance of the Woodland Cree "agreement-in-principle". Moreover chances of more becoming known aren't very good if the Government has its way, and, in the case of the Woodland Cree, chances are pretty good that the Government will continue to have its way. The official press release uses phrases like "up to $35.192 million for the construction of a new community". What "up to" $35.192 million means in actual dollars is anybody's guess, but, given the Lubicon experience with practised Government double-talk, it's not likely that it really means $35.192 million for the construction of a new community. Similarly suspicious is the $13 million for a socio-economic development "trust" fund and $512,000 "in lieu of land". One thing does seem clear from media reports; namely, reserve land for the Woodland Cree is being calculated on only about half of the claimed Band list of 628 people. Fifty-five square miles of reserve land would provide for 275 people under the Treaty 8 formula of 128 acres per person; $512,000 "in lieu of land" is likely 2,560 acres for an additional 20 people under the Treaty 8 formula at the rate of $200 per acre. Two hundred dollars per acre for tax free, inalienable Indian land is literally a steal, and, generally speaking, accepting less than the greatest possible amount of reserve land has not served aboriginal people well. Enclosed for your information is a copy of the Government's press release and related media reports. * * * * * Attachment #1: AGREEMENT-IN-PRINCIPLE REACHED WITH WOODLAND CREE BAND EDMONTON, December 19, 1990 -- The Honourable Tom Siddon, Minister of Indian Affairs and Northern Development, the Honourable Ken Rostad, Alberta Attorney General and Minister responsible for Native Affairs, and Chief John Cardinal of the Woodland Cree Band today announced that the negotiators for the three parties have reached agreement-in-principle on a settlement of the band's land entitlement under Treaty No. 8. In making the announcement, Minister Siddon stated: "This agreement-in- principle is a clear indication of the federal government's commitment to honour its obligations to the Indian people of northern Alberta and to help them achieve their economic and social objectives." Mr. Siddon noted: "This important land claim settlement is a major example of the government's commitment to the native agenda announced by the Prime Minister on september 25, 1990." Under the terms of the proposed settlement, the federal government will provide the Woodland Cree Band with up to $35.192 million for the construction of a new community, $13.0 million for a socio-economic development trust fund and $512,000 as cash in lieu of land. The Alberta government has agreed to transfer to the federal government 55 square miles (14,245 hectares) of land, including mines and minerals, to be set aside as Indian Reserves for the Woodland Cree Band. Alberta will also provide a further $5 million and, separate from the land entitlement settlement, a special training and employment program at a cost of up to $3 million. Mr. Rostad stated: "I am pleased that, because of the constructive approach taken by the Chief and Council, we have been able to reach agreement on the establishment of Reserves for the Band in the Cadotte Lake and Marten Lake areas. The training program will assist Band members in taking advantage of the employment opportunities provided by both Reserve construction and other developments in the region. Commenting on the settlement proposal, Chief Cardinal said: "What is most important is that this settlement will allow us to build our communities and provide for the economic future of our band members." The proposed settlement is subject to final ratification by both governments and the band membership. For further information, contact: Mark Hudson Press Attache Minister's Office Lesley Gronow Director of Communications Alberta Attorney General 403-427-8530 Chief John Cardinal Woodland Cree Band 629-3804 * * * * * Attachment #2 Transcript of CBC Radio News Broadcast (5:30 P.M.) Wednesday, December 19, 1990 Krysia Jarmicka, CBC News Alberta's newest Indian Band has a tentative land claim agreement with the Federal and Alberta Governments. The Woodland Cree was only recognized by Ottawa a little over a year ago. Now it has a promise of 55 square miles of land for reserves in northern Alberta and $57 million in settlement money. The Chief of the Band says he's pleased with the agreement. John Cardinal says many members of his Band live in homes that don't have running water or heating systems. He says he's hoping some of the money from the settlement will go towards providing these services to his people. The deal, announced today, gives the Woodland Cree land for reserves in the Cadotte and Marten Lake areas. The Band will also get $57 million to build a new community and for a variety of social programs. The Woodland Band is an off-shoot of the Lubicon Lake Indians in northern Alberta. The Lubicons were offered almost twice as much land and $45 million, but they rejected the deal when Ottawa refused to pay a hundred million dollars in compensation. The settlement has to be ratified by both Governments and members of the Woodland Cree. Cardinal says it will take some time to contact each of the 628 members of the Band to sign the deal. * * * * * Attachment #3: PRESS STATEMENT OF CHIEF BERNARD OMINAYAK, LUBICON LAKE INDIAN NATION, Regarding the recently announced Woodland Cree Agreement-In-Principle December 19, 1990 Without knowing details of the recently announced Woodland Cree Agreement-in- Principle, the Lubicon people wish to congratulate the Woodland Cree people for achieving what they apparently consider an acceptable settlement of their aboriginal land rights. Hopefully this Agreement-in-Principle means that the Federal and Provincial Governments are now prepared to negotiate the aboriginal land rights of Metis people and people returned to Indian status under the 1985 (C-31) amendments to the Indian Act. At the same time the Lubicon people wish to point out that the Woodland Cree Agreement-in-Principle is not a settlement of Lubicon land rights, and that the struggle for recognition of Lubicon land rights continues. As Premier Getty pointed out when the Federal Government created the Woodland Cree Band in 1989, Lubicon land rights and the land rights of the Woodland Cree are separate matters requiring separate treatment. For more information phone 403-436-5652 or 403-629-3945 * * * * * Attachment #4: Re-printed without permission from The Globe and Mail, Thursday, December 20, 1990 ALBERTA CREE BAND REACHES SETTLEMENT Canadian Press Edmonton The federal and Alberta governments have reached a land-claim settlement worth up to $56-million with the recently recognized Woodland Cree band in Northern Alberta. Federal Indian Affairs Minister Thomas Siddon, Alberta Attorney-General Kenneth Rostad and Woodland Cree Chief John Cardinal announced the deal yesterday. The settlement comes in the midst of stalled talks between the federal government and the Lubicon Lake Indian band, which is also in the area about 400 kilometres north of Edmonton. The 340-member Woodland Cree band was formed 18 months ago when a small native group sent a petition to Ottawa after the Lubicon talks broke off. About 30 of the Woodland Cree band are said to be Lubicons. * * * * * Attachment #5: Re-printed without permission from The Edmonton Journal, Thursday, December 20, 1990 CREE SIGN LAND-CLAIM AGREEMENT CALLED LESSON FOR LUBICON Richard Helm Journal Staff Writer Edmonton The Woodland Cree of northern Alberta have reached an agreement in principle on a land claim only a year after winnning official recognition from Ottawa. Attorney General Ken Rostad, the Alberta Minister responsible for Indian Afffairs, said the swift settlement should send a message to the Lubicon Lake Indians. "I think if the Lubicon sat down and said, 'We want a settlement,' and referred the compensation matter, which is essentially betweeen them and the feds, to the courts, they could be in the same ball game," Rostad told reporters. "If anything, it shows confrontation doesn't work." The Lubicons have been at odds with government authorities for years over the band's $100-million compensation bid and claim to a 10,000-square-km territory. Several band members were charged with arson and mischief recently after logging equipment was set on fire in the disputed area. The Woodland Cree Band was formed when a small group of natives sent a petition to Ottawa after talks between the federal government and the Lubicon band broke offf. About 30 of the 340-member Woodland Cree band are said to be disgruntled Lubicon members. The Woodland Cree, regarded by some natives as a federal government creation to divide the Lubicon Lake Indians, will get $35.1 million in federal funds for othe construction of a new commmunity, another $13 million for a socio- economic development trust fund and $512,000 as cash in lieu of land. The Alberta government has agreed to transfer to the federal government 14,245 hectares or 55 square miles of land, including mines and minerals, to be set aside as reserves for the band. The reserves will be established in the Cadotte Lake and Marten Lake areas in the heart of Lubicon territory. Cadotte Lake is about 70 km northeast of Peace River. Alberta is also pitching in a further $5 million and, separate from the land entitlement settlement, a special training and employment program at a cost of up to $3 million. The proposed settlement, announced Wednesday by Rostad and federal Indian Affairs Minister Tom Siddon, is subject to final ratification by both governments and the band membership. Woodland Cree Chief John Cardinal welcomed the announcement. "What is most imporetant is that this settlement will allow us to build our communities and provide for the economic future of our band members," Cardinal said in a prepared statement. Last year, about 350 natives from Little Buffalo and surrounding communities petitioned Pierre Cadieux, then federal Indian Affairs Minister, to form a band so they could file a claim with Ottawa. Little Buffalo is about 350 km. northwest of Edmonton. "The Lubicons were aware that the Woodland Cree had been authenticated and we were coming to an agreement," Rostad said. "If there's a will and they come to the table reallly wanting to accomplish something, something can be signed." Lubicon Chief Bernard Ominayak -- who has said the Woodland Cree are a sham band created by Ottawa as a weapon against the Lubicon -- congratulated the band on its deal. But he noted "the struggle for recognition of Lubicon land rights continues." Lubicon advisor Fred Lennarson said the Lubicons don't begrudge the Woodland Cree their speedy settlement. "I'm surprised at the speed they rushed into that settlement. But still we welcome it," Lennarson said. * * * * * Attachment #6: Re-printed without permission from The Edmonton Sun, Thursday, December 20, 1990 CREE BAND STRIKES DEAL NATIVES NEGOTIATE MULTI-MILLION DOLLAR LAND CLAIM by David Quigley Staff Writer Less than two years after being created, the Woodland Cree band has struck a $56.5 million land claim deal with the federal and Alberta governments. "I don't know if we asked for too little. It must be something we've done if we've moved this smoothly," Woodland band Chief John Cardinal said of the tentative deal announced yesterday. While the Woodland Crees' package was negotiated in 18 months, their Lubicon counterpaerts -- the band many once belonged to -- have been trying to reach a land-claim settlement with Ottawa since 1939. But Alberta Attorney General Ken Rostad, the minister responsible for native affairs, said yesterday the Lubicons have not been willing to compromise. The province agreed in 1988 to set aside a 246-sq.-km reserve for the Lubicons and Ottawa has offered the 500-member band $45 million in compensation for lost oil and gas revenuess. But the band is holding out for as much as $200 million. "The Woodland Cree never put forward such a claim," said Rostad, who suggested the Lubicons should strike a land deal, then refer the compensation issue to the courts. Cardinal said 110 of the 628 members of the Woodland Cree band are former Lubicons who left the band after talks with Ottawa broke off in January 1989. But Lubicon Chief Bernard Ominayak has said the band was created by Ottawa to undermine his band's land claim. Under the agreement in principle with the Woodland Cree, Ottawa will provide up to $35.19 million for construction of a new community, $13 milllion for a socio-economic trust fund and $512,000 as cash in lieu of land. The Alberta government has agreed to transfer 142 sq. km of land, including mineral rights, to be set aside for reserves in the Cadotte Lake and Marten Lake areas, northeast of Peace River, which is 486 km northwest of Edmonton. Alberta will also kick in up to $8 million toward the settlement. The settlement is subject to ratification by both governments and the band membership. * * * * * Attachment #7: Re-printed without permission from The Edmonton Sun, Friday, December 21, 1990 LUBICON OFFER CHANGE HINTED The Woodland Cree land claim deal this week doesn't affect Ottawa's offer to the Lubicons for now, said federal native affairs spokesman Bob Coulter. But Coulter warned yesterday the offer could change if the number of members in the Lubicon band has changed. "The offer stands," said Coulter. "But it is based on there being roughly 500 entitled members in the band. There are 160 Lubicons now included in the Woodland Cree agreement." The Woodland Cree band formed after talks between the federal government and the Lubicons broke off. "The Lubicons have since added some more people and argue they are members with entitlement. We would have to look at these numbers once we get back to the negotiating table," said Coulter. Robert Sachs, lawyer for the Lubicon band, said he isn't optimistic a settlement will be reached because of a lack of political will. The Lubicons have demanded more than $100 million in compensation or lost oil and gas revenues and a 10,000-sq.-km. reserve. The band has been trying to reach a land claim settlement with Ottawa since 1939. The Woodland Cree will receive up to $35.19 million in principle under the agreement. Another $13 million for a socio-economic trust fund and more than $500,000 as cash in lieu of land has also been promised. Alberta Attorney General Ken Rostad blamed the delay on the Lubicons this week. * * * * * Attachment #8: Re-printed without permission from The Edmonton Journal, Saturday, December 22, 1990 Editorial: TIME FOR A LUBICON DEAL Let there be no mistake about the cynical motivation behind Ottawa's generosity to the Woodland Cree in northern Alberta. Band members won a reasonable settlement at lightening speed, and good for them. But they would still be a forgotten community in the northern bush if most of them didn't happen to live on Secondary Road 686 a few kilometres away from the Lubicon Lake Cree Band. The Woodland Cree -- a new name for people who live primarily in Cadotte Lake -- cleared hurdles in 18 months that the Lubicon and hundreds of bands across Canada haven't been able to overcome in a generation. Aboriginal people know that it's easier to move the Rocky Mountains than to negotiate a land-claim settlement with the federal government. Bands with legal status under the Indian Act have submitted 578 specific claims since 1973, but only 205 have been rejected or resolved. The Assembly of First Nations asserted this summer that no more than 44 claims have been settled to mutual satisfaction in the past 17 years, although the Fort Chipewyan Cree, the Whitefish Lake and Sturgeon Lake bands in northern Alberta have been successful. Progress has been slower with the large comprehensive claims in the far north. Ottawa rarely, if ever, recognizes the land entitlements of new bands. Non- status native people are the nobodies of the Indian Act -- unless Ottawa thinks they will serve as a good example to a stubborn band down the road. According to the federal government's theory, Lubicon Lake band members will look enviously at the two new Woodland Cree reserves, at the $35 million in community construction money, at the $13 million for economic development and the $512,000 cash payment. Perhaps, the argument goes, they will stop claiming compensation for millions of dollars in resource revenue pumped from their own land for years without their permission. Perhaps they will give in. Congratulating the Woodland Cree on their achievement this week, Attorney General Ken Rostad couldn't help wagging his finger at the Lubicons just like his federal counterparts: "If anything, it shows confrontation doesn't work." If anything, the new agreement shows that two levels of government will stoop to divide-and-conquer tactics when all else fails. This is not to say that the Woodland Cree didn't deserve a land-claim settlement. They did, although perhaps they should have had more compensation for lost energy revenue. On the positive side, this agreement should set a precedent for the residents of five other isolated communities in the northern wilderness between Peace River and Fort McMurray: Trout Lake, Chipewyan Lake, Peerless Lake, Loon Lake and Sandy Lake -- and perhaps for the non-status native people around Grande Cache. These people deserve equal treatment. But the Lubicon Lake Cree have waited too long, and fought too hard, to surrender now, out of envy for their northern neighbour. It's time for a new round of negotiations to end the stalemate --and both sides should stop being so inflexible.