Lubicon Lake Indian Nation
P.O. Box 6731
Peace River, AB T8S 1S5
Phone: 403-629-3945
Fax: 403-629-3939
January 30, 2008
The Hon. Chuck Strahl
Minister of Indian and Northern Affairs
Government of Canada
Ottawa, ON K1A 0H4
Fax: 819-953-4941 & 613-944-9376
Dear Mr. Strahl:
The Lubicon people note public claims by your government that your government has made significant progress in providing First Nations people with safe drinking water. I am writing to advise that absolutely no progress has been made toward providing the Lubicon people with safe drinking water.
Letters being sent over your signature to people writing you about the Lubicon water situation claim that officials of the Alberta Regional Office of Indian Affairs "are working with the Lubicon Lake Indian Band on the water issue". This is not true. In fact the Lubicon people still have no water and sewer service at all and Regional Office officials have been refusing to take or return Lubicon calls regarding this matter since last September.
Taking your letter at face value one can only conclude that Regional Office officials have misinformed you. Moreover there is reason to believe that Departmental officials also misinformed your Ministerial predecessors begging the question of how one deals with such a problem.
The letter being sent over your signature refers to an earlier misleading letter sent to people over Mr. Prentice’s signature dated August 9, 2007. Mr. Prentice’s August 9th letter is practically identical to another misleading letter on the Lubicon water situation that an official of the Alberta Regional Office sent to people saying that he’d been asked to respond on Mr. Prentice’s behalf.
Under these circumstances it is likely that Mr. Prentice’s letter was drafted for his signature by Regional Office officials. Notably the misleading Regional Office letter was signed on behalf of Alberta Regional Director George Arcand by a senior official of the Regional Office named Jim Sisson. Mr. Sisson’s actions with regard to the Lubicon file have long been questionable. This time Mr. Sisson’s questionable actions are documented.
The easily documented history leading to these misleading letters is as follows.
A proposal to provide the families of ten Lubicon Elders with water and sewer service was requested by Departmental officials on May 10, 2005 after three years of non-productive discussions that started during a meeting on July 11, 2002 when then Indian Affairs Minister Robert Nault told the Lubicons that he wanted his Alberta Regional Office officials, represented at the meeting by then Associate Regional Director General George Arcand, to develop ways and means to provide the Lubicon people with the same kind of basic services provided other status Indians in Canada even while efforts to settle Lubicon land rights are continuing.
In subsequent meetings with Regional Office officials a proposal was developed to install a small water purification plant in the Lubicon area that would serve both as a pilot project required as a step towards building a main water purification plant for a Lubicon reserve post-settlement of Lubicon land rights, and to provide the households of ten Lubicon Elders with a local source of potable water in the interim.
Regional Office officials, while confirming Lubicon cost estimates and expressing support for the Lubicon water and sewer proposal, were not prepared to proceed. We learned later that Mr. Sisson -- who by that point had replaced Mr. Arcand as Acting Associate Regional Director General -- had effectively countermanded Mr. Nault’s instructions by instructing Regional Office officials "not to proceed...due to the outstanding claims issue". (Mr. Arcand in the meantime had been promoted to Regional Director General and is at least nominally Mr. Sisson’s superior.)
This history was reviewed with Regional Office officials during the May 10th meeting at which time Regional Office officials requested that the Lubicons prepare yet another proposal to provide water and sewer service for the households of ten of our elderly people. It is this proposal, dated June 22, 2005, to which Mr. Prentice is referring in the August 9, 2006 Prentice letter you mention in your letter to people writing you about the Lubicon water situation.
The June 22, 2005 Lubicon water and sewer proposal spells out the equipment and related infrastructure required to provide water and sewer service to the households of ten Lubicon Elders at a cost that is competitive with the cost of providing water and sewer service to people in surrounding northern Alberta communities, to provide infrastructure adequate to support provision of water and sewer services to a limited number of additional Lubicon families each year until there is a settlement of Lubicon land rights and full Lubicon reserve construction, and to do all of this in a way that is compatible with the water and sewer system agreed in Lubicon land negotiations.
Total estimated cost of providing the necessary equipment and related infrastructure in the June 22nd proposal was either $1.2 million or $2.5 million depending upon whether a known but untested water source close to existing roads could be used, or if an already tested water source requiring construction of a longer access road had to be used.
Departmental reaction to the June 22, 2005 Lubicon water and sewer proposal was again positive at the technical level but Departmental officials were again not prepared to proceed. They never told us what the problem was. They just kept telling us that they had recommended the proposal.
The new Harper government came to power in January of 2006. Mr. Prentice was appointed Indian Affairs Minister in February of 2006. Within weeks Mr. Prentice announced a laudable new federal government initiative to deal with the problem of unsafe water in Indian communities. "As long as I’m Minister", Mr. Prentice was quoted publicly as saying, "I intend to do everything in my power to try to make sure that we identify situations where communities are at risk, and that we take action".
Mr. Prentice announced his new water and sewer initiative on March 1, 2006. I wrote Mr. Prentice on March 2, 2006 as follows:
"The Lubicon people are pleased to read your declaration that Aboriginal people are not going to live at risk as long as you are Minister. We are pleased to read that you intend to do everything in your power to make sure that your government identifies Indian communities at risk and to take appropriate remedial action.
"We agree with your priority of insuring that aboriginal communities are provided with the basic human necessity of safe drinking water. We agree that top priority should be given to those communities most at risk.
"However we are concerned that your independent departmental consultants have failed you when the criteria they use to identify communities at greatest risk pertain only to ‘the source of the water problem, the nature of the water treatment system, the extent to which the water treatment system is current or out-of-date, the ability of operators, etc.’ Are you aware, Mr. Minister, that all of the traditional Lubicon sources of water have been contaminated by resource exploitation activity and not drinkable for over 18 years, and that the Lubicon people have no water or sewer system at all?
"We read that the Department was criticized for buying bottled water for only the oldest and youngest members of the Kashechewan community after dangerous levels of E. Coli bacteria were found in the water. Are you aware, Mr. Minister, that no bottled water has ever been provided for any of our people and, despite the fact that many of our people have been forced onto welfare by destruction of our traditional hunting and trapping economy, have limited resources and don’t own vehicles, we have to somehow arrange to go over 100 kilometers one way in order to buy bottled drinking water?
"We read that the Kashechewan people had to be temporarily evacuated because of various skin ailments and other serious medical problems. That’s terrible. But are you aware, Mr. Minister, that the Lubicon people have been facing serious medical problems since the mid-1980’s including widespread asthma and skin rashes among our children so severe that they cause permanent scarring; a tuberculosis epidemic affecting a third of our people; near-epidemic respiratory and stomach problems; cancers of all kinds and reproduction problems which during one 18 month period resulted in 19 still born Lubicon babies out of 21 pregnancies?
"We read that the federal government flew a ten-tonne reverse osmosis water purification plant into the Kashechewan community capable of purifying 50,000 litres of water a day from almost any source. Are you aware, Mr. Minister, that 50,000 litres of water a day would more than meet the potable water requirements of the entire Lubicon population of 500 people?
"We watched, Mr. Minister, how it took only eight days of growing public outrage for the federal government to agree to undertake a temporary evacuation of the Kashechewan people -- reportedly costing $300 million -- and to then commit to building a whole new community for the Kashechewan people, reportedly costing another $600 million and including 50 new houses a year; a new school; increased welfare services and a new community health centre complete with three times as many nurses, new x-ray equipment and a full array of immunizations. Are you aware, Mr. Minister, that the Lubicon people live in third world housing conditions with as many as three or four generations living in a small, inadequately insulated 80 square meter bungalow with no running water or indoor toilet facilities; that we had no health services at all until 1987 when we suffered a well publicized tuberculosis epidemic affecting a third of our people; that our public health services have never at any point consisted of more than a public health trailer and one nurse; that the one nurse we did have has been gone since last March when he was given the option by the federal government of working part-time in our community or full-time some place else; that we have been talking unsuccessfully to Departmental officials for over three years about the possibility of providing basic water and sewer services for ten of our Elders who find it particularly difficult to obtain bottled water and to get to an outhouse unassisted, especially during the cold winter months; and that the last round of Lubicon land negotiations -- intended to try and redress these problems and rebuild our shattered community and economy -- meandered around without focus or conclusion for five years, frequently meeting only a day or two a month, and that there have been no negotiation of Lubicon land rights at all since the end of 2003?
"Are you aware, Mr. Minister, that Lubicon land rights could be settled, including financial compensation, for less than the reported cost of temporarily evacuating the Kashechewan people, and that the Lubicon people could then start rebuilding our shattered community and economy on an established Lubicon reserve complete with a proper water and sewer system, residential housing that meets minimum Canadian health and safety standards, and the kind of community infrastructure, institutions, services and facilities that most Canadians take for granted?
"We read that Departmental officials located the ill-conceived Kashechewan water treatment facility on a flood plain down stream from the Kashechewan sewage lagoon, contrary to the expressed concerns of the Kashechewan people, and that the people responsible for operating the Kashechewan water system were not properly trained. Are your aware, Mr. Minister, that Lubicon settlement proposals include a professionally designed water treatment plant and sewage disposal system complete with a training program to train certified community operators?
"We read the concerns of some people that building a new $600 million Kashechewan community on higher ground but still located in an economically depressed area won’t solve the many social and other problems that flow from 87% unemployment. Are you aware, Mr. Minister, that the Lubicon people live right in the middle of one of the most resource-rich areas in the country, currently experiencing a major, long-term economic boom, and that at one point federal officials questioned Lubicon economic development plans complaining that our plans might actually generate more jobs than the Lubicon people would be able to fill?
"None of this, Mr. Minister, is intended to suggest that the Lubicon people are in any way critical of Canadian government efforts to finally redress the problems being faced by the Kashechewan people or any other Aboriginal people. Like you, we were appalled by what we learned about the situation at Kashechewan. We are happy that something is finally being done to deal with the problems of the Kashechewan people. We would be happy for anything done to deal with the problems faced by Aboriginal people anywhere. We just want to point out that a focus on inadequate water and sewer systems, and training to operate those systems, is insufficient when some people don’t have any water or sewer system at all, and lack the kind of basic community infrastructure, institutions, facilities and services taken for granted by most Canadians..."
Mr. Prentice never acknowledged receipt of my March 2nd letter although on August 18th he did respond to letters on other matters sent both before and after the March 2nd letter, and on August 30th we received a fax from a Public Works Project Manager associated with Indian Affairs named Hersh Hvatum pertaining to the Lubicon water situation. The Hvatum fax asked "Could you, at your earliest convenience, provide the supporting information for the installation of water and sewer servicing to 10 elders housing units as per the attached information". The "attached information", entitled "WATER AND SEWER SERVICES PROPOSAL", read as follows:
"On June 22, 2005, a proposal was submitted by Kevin Thomas on behalf of the Lubicon Cree, requesting water and sewer services for ten elders housing units. An estimate for the work was included with the proposal and a hard copy is provided.
"As a result, Alberta Region officials visited Little Buffalo and conducted a site visit. The Capital Program (of Indian Affairs) had recommended proceeding with the request, but were instructed not to proceed following discussions with the A/ARDG. This was due to the outstanding claims issue. (Mr. Sisson was the A/ARDG who instructed Regional Office officials not to proceed "due to the outstanding claims issue" -- contrary to Mr. Nault’s express instructions to proceed even while efforts to settle Lubicon land rights are continuing.)
"In June, the Alberta Region Regional Director General (Mr. Arcand) directed that 2006-07 Budget 2005 Indian Affairs Lot Servicing funds of $250 K be allocated to the Lubicon Lake Indian Nation. These funds would be utilized to develop private sewerage disposal and private water systems for 10 housing units occupied by elders. This information was not communicated to Lubicon due to the claims issue (in context again likely on Mr. Sisson’s instructions).
"A feasibility study was completed by the (Provincial) Northern Sunrise County (NSC) for a regional water system to service the rural areas and Cadotte Lake including the Woodland Cree. The population of the (Lubicon community) of Little Buffalo has been factored in to the scope of work to include a (16 kilometer long) water line extension from Cadotte Lake to Little Buffalo (presumably to eventually link up with a proposed 100 kilometer long provincial water pipeline from the Peace River to Cadotte Lake).
"The scope of the work does not include a water distribution system. This cost is currently the responsibility of the Province of Alberta and has been factored in to the project cost estimates. The Lubicon are aware of the study but have not been an active participant. Regular meetings are held monthly with NSC and regional partners and the project is proceeding with preliminary stages. At this time, there has been no funding commitment from the Province of Alberta or Indian Affairs in support of this project.
"RECOMMENDATION:
"Proceed with provision of funding for the purpose of providing water and sewer services to elders at the Lubicon Lake Indian Nation, as requested by the Nation."
We discussed this with Indian Affairs officials in a meeting on November 10, 2006. They were suspiciously vague about exactly what they were proposing but in the end they suggested a "piecemeal" approach to funding the June 22nd water and sewer proposal starting with the proffered $250,000.
Given the notable lack of specificity on the part of Regional Office officials, I cautiously responded to the Indian Affairs proposal on November 15, 2006 as follows:
"The Lubicon water and sewer proposal, which we put together over the last three years in consultation with Departmental officials including George Arcand, totals either $1.2 million or $2.5 million depending upon which source of water proves most suitable. Your officials have checked and confirmed the numbers.
"You tell us that you have so far identified $250,000 and that you are optimistic that you will be able to find another $160,000 which, taken together with the $250,000 currently identified, should cover sinks and toilets, the installation of water and sewer tanks and the upgrading of driveways necessary to deliver water and haul away sewage. However you are so far unable to say where the money will come from to provide the water and dispose of the sewage.
"It wouldn’t make sense or be responsible for either of us to upgrade driveways and install sinks, toilets, and water and sewer tanks until we know where the water is going to come from, how the sewage is going to be disposed of and how all of this is going to be paid for.
"Neither does it make sense for the Lubicon people to proceed with provision of badly needed water and sewer services to our elderly people in a way that jeopardizes the land rights upon which the future of all Lubicon people depends. The Lubicons have to be concerned not only about the delivery of badly needed water and sewer services to our old people, but also the vital heritage of our children and grandchildren. Consequently, as we have consistently indicated, we do not see the proposed 100 kilometer long Sunrise County pipeline from the Peace River to Cadotte Lake, which by your own calculation won’t be built for at least 4 or 5 years, as a viable source of potable water for our people.
"It is also very clear from the cost estimates that hiring outsiders to deliver the water to our community and haul away the sewage, even on an interim basis, would be prohibitively expensive and cost more in three years than it would cost for the Lubicon people to build our own water treatment facility and sewage lagoon, plus of course employ our own people and provide our own water and sewer service under our own duly elected government. From any reasonable perspective, our goal must therefore be full implementation of the water and sewer proposal that we’ve developed jointly with Departmental officials over the last three-year period.
"In this context the Lubicon people are prepared to implement our June 22, 2005 water and sewer proposal piecemeal, as you suggested in our meeting of November 10, 2006, provided that we have written agreement in advance as to where the water is going to come from, how the sewage is going to be disposed of and how all of this is going to be paid for. Our jointly prepared proposal spells out how this objective can be accomplished technically. I suggest we turn our attention to the type of agreement required to responsibly proceed with proposed piecemeal implementation.
"I see no good reason why you cannot designate the currently identified $250,000 for the first phase of full implementation of the June 22nd proposal so it won’t be lost (which Indian Affairs officials were threatening if the Lubicons did not immediately agree to their vaguely defined proposal). Expenditure of the funds wouldn’t be possible immediately in any case and you will need to identify the source of the additional $160,000 for us to proceed with the first phase of the work you’ve proposed."
On January 17, 2007 Lubicon advisor Fred Lennarson received a phone call from a Regional Office Field Services Officer named Jim Wincherauk asking about Lubicon reaction to a letter which Mr. Wincherauk said had been sent "before Christmas" by another Regional Office official named Dan Kumpf. Mr. Wincherauk said "We came up with $410,000". He said "$250,000 can be carried forward (into the next fiscal year)". He said "$160,000 has to be used this year".
Fred Lennarson told Jim Wincherauk that he was unaware of any such letter. Jim Wincherauk offered to fax Fred Lennarson a copy. Fred Lennarson told Jim Wincherauk that he would make sure that the Kumpf letter was immediately brought to my attention.
The Kumpf letter arrived by fax shortly thereafter. It was dated December 22, 2006. It read as follows:
"Thank you for your letter of November 15, 2006 following up from our meeting of November 10, 2006 where we discussed ‘Housing Budget 2005’. The intent of this funding is to address lot servicing for housing developments.
"The Alberta Region has distributed this funding between all the First Nations within the province. As I had indicated in our meeting the Alberta Region has set aside $250,000 from Housing Budget 2005 for the Lubicon Lake Indian Nation.
"Given this is targeted funding, any proposal to access these funds must meet the criteria of the program; it has been determined that $410,000 of your $1.2 proposal would indeed be eligible for this funding. I have subsequently been able to confirm that another $160,000 has been secured to meet the $410,000 portion of this project. I will instruct my staff to immediately begin discussions with your staff to complete the necessary paperwork to flow these funds.
"Indian and Northern Affairs Canada (INAC) agrees that the provision of water and sewer services to the elders of Lubicon Lake Indian Nation is an important goal. I will suggest that the technical representatives from both INAC and the Lubicon Lake Indian Nation engage in further discussions to determine how your proposal can be fully phased and implemented."
I responded to Mr. Kumpf’s letter immediately as follows:
"I apologize for not responding earlier to your letter dated December 22, 2006. It never arrived in my office and I did not see it until a couple of days ago after Jim Wincherauk faxed a copy to Fred Lennarson and Fred Lennarson faxed a copy to me.
"The Lubicon position remains the same as I indicated in my November 15, 2006 letter to you to which you did not respond but which you acknowledge in your December 22nd letter you received. Another copy of my November 15th letter is attached for your convenience.
"The Lubicon people are prepared to implement our jointly developed June 22, 2005 water and sewer proposal in phases, as you proposed in our meeting of November 10, 2005, including construction of a local Lubicon water treatment facility and expansion of the local Northlands School sewage lagoon. As you know a Lubicon water treatment facility can be constructed and the Northlands sewage lagoon expanded for less cost than the cost of contracting out the hauling in of water from the outside and the hauling out of sewage for only three years. Your officials have checked and confirmed the numbers.
"I have asked Fred Lennarson to meet with your staff to discuss the necessary paperwork to release the first $410,000 and how the June 22, 2005 water and sewer proposal can be fully implemented."
On January 24, 2007 Fred Lennarson received a phone call from Dan Kumpf proposing a meeting to discuss release of the $410,000. Mr. Kumpf said "I want to key up a meeting to see how we can work on this proposal to get the $410K". A meeting was agreed for January 30th.
Indian Affairs was represented at the January 30th meeting by Dan Kumpf, Jim Wincherauk, Hersh Hvatum and a departmental "Capital Officer" named Leon Gosselin. During the course of the meeting it became clear that federal officials were seeking to use the enticement of providing badly needed water and sewer services for Lubicon Elders to pressure Lubicon leaders to agree to arrangements that would result in further assertion of provincial jurisdiction over unceded Lubicon Territory, undercut agreements made in Lubicon land negotiations and undermine unceded Lubicon land rights.
After talking at considerable length about where the $410,000 would come from and how the money could be transferred, Mr. Kumpf said "We looked at the (proposed Lubicon) water treatment plant". "If we’re going to be doing that", he said, "it’s going to take time for design and construction".
Leon Gosselin interjected "It will cost at least $6 to $7 million and take at least 4 or 5 years to design and build the water treatment plant".
Fred Lennarson said Leon Gosselin’s information isn’t correct. He said the water source is known; necessary treatment is known; the kind of plant required to do the treatment is known and the pilot plant is something you can buy and install on site.
Leon Gosselin said "It will take a couple of weeks to update the study".
Fred Lennarson said it may well take a couple of weeks to update the study but a couple of weeks to update the study do not translate into a cost of $6 to $7 million or 5 years to have a fully functioning water treatment plant in place.
Dan Kumpf said "We’re still looking at a multi-year process". "If we buy the stuff now", he said, "it’s going to sit there for a couple of years". He said "We think it will be cheaper in the short term to purchase trucks".
Fred Lennarson said he did not understand why it would take years to set up a working water and sewer system. He pointed out that trucks will be required in any case but the cost of hauling in water from the outside and hauling out sewage -- as distinct from hauling water from a local source and disposing of sewage in a local sewage lagoon -- will cost more in three years than it would cost to buy and set up the water treatment pilot plant and expand the local Northlands school sewage lagoon.
Leon Gosselin said "Your truck numbers are too low". He said "I think it’s $370,000 total -- $170,000 and $200,000". (The Lubicon proposal provided $125,000 for a water truck and $160,000 for a sewage truck.)
Fred Lennarson said he assumes Leon Gosselin’s truck numbers are correct. He said the Lubicon numbers were based on actual quotes from suppliers when the Lubicon proposal was developed but that was in June of 2005 and the numbers had undoubtedly gone up.
Leon Gosselin said "We’ve also got a problem with the Northlands lagoon". He said "Everybody knows there’s a leak in the lagoon". He said "The location is illegal".
Fred Lennarson acknowledged that there’s a problem with the Northlands School lagoon. However, Fred Lennarson pointed out, the problem with the lagoon is going to have to be fixed either as part as developing a water and sewer system for the Lubicons or in addition to developing a water and sewer system for the Lubicons.
Fred Lennarson said the leak can be fixed when the lagoon is being expanded and the setback requirements can be met post-settlement by moving the school, teacherages and residential housing -- all of which is contemplated as part of reserve construction in any case.
Leon Gosselin said "We can’t put money into the lagoon because it doesn’t meet environmental requirements"
Fred Lennarson repeated the Northlands School lagoon is going to have to be fixed either as part of developing the water and sewer system or in addition to developing the water and sewer system. He asked if Indian Affairs is prepared for the school to be shut down or for a possible serious public health problem if the lagoon is not fixed.
Leon Gosselin said "It’s going to take a minimum of 2 years for feasibility and water treatment design".
Fred Lennarson said that’s not his understanding but the amount of time that would be required to put the Lubicon pilot plant in operation is a technical question that can easily be checked.
Hersh Hvatum said "You can do the work in two years maximum". He said "The problem is with flowing the cash".
"If the problem is cash flow rather than technical", Fred Lennarson said, "we need to look at the cost of trucking in the water from outside and hauling out the sewage". He said the cost of hauling in water from the outside and hauling out the sewage is considerably more than developing a local Lubicon water source and sewage disposal capacity.
Leon Gosselin said "There’s excess capacity in the Woodland lagoon (located 16 kilometers to the west in the Woodland Band community of Cadotte Lake)". He said "You can get the water from the current provincial source (in the Woodland Band community of Cadotte Lake)".
Fred Lennarson said the Woodland lagoon might be acceptable to the Lubicons as a temporary, short-term sewage disposal solution until they have their own facilities in place. However, he said, the water from Cadotte Lake is no good. He said the Woodland people aren’t prepared to drink it either -- that it can’t even be used for bathing because it causes skin rashes. He pointed out that unacceptable water at Cadotte Lake is part of the rationale for the Northern Sunrise County pipeline from Peace River.
Jim Wincherauk said he knew at one point that the Woodlanders wouldn’t even wash their cars with the Cadotte Lake water. He said "I think it meets (health) standards but people don’t like it".
Fred Lennarson pointed out that drinkability is a criterion that has to be met by a water system as well a coliform counts. If people won’t drink or use the water, he said -- like in the case of the heavily chlorinated Cadotte Lake water -- you haven’t solved the problem and something else has to be done.
Leon Gosselin said "The questions for your engineers are time frame for feasibility, time frame for design and time frame for construction."
Fred Lennarson said he’d check time frames but he repeated his understanding that most of the technical work has been done and that the proposal is to purchase a pilot plant and set it up on a known water source.
Leon Gosselin said "Even buying a plant would take 6 months".
Fred Lennarson pointed out that 6 months is not 4 or 5 years and that short-term arrangements could undoubtedly be made if a local water treatment plant can be operational in 6 months.
Dan Kumpf said "People will have to be found to operate the plant".
Fred Lennarson said the Lubicons intend to have local people trained to operate the plant.
Leon Gosselin said the government pays 80% for water and sewer truck Operation and Maintenance. He said water truck O & M is $37,600 a year for both the operator and maintenance. He said sewer truck O & M is $37,506 a year for both the operator and maintenance.
At the mutually agreed truck operating cost of $125 an hour, Fred Lennarson said, those numbers wouldn’t keep a truck operational for two hours a day, 5 days a week underscoring the need for a local water source and sewage lagoon. Assuming 3,300 gallon water cisterns, he said, and using the conservative Indian Affairs calculation of 4.5 persons per household, a 3,500 gallon water truck would have to make two trips a day just to service 10 households. He pointed out that a round trip to Red Earth -- the closest possible source of potable water -- takes more than two hours.
Dan Kumpf asked how long it would take to check with Lubicon civil engineers. He expressed concern about flowing money before the end of the fiscal year.
Fred Lennarson said he could would check with the civil engineers and get back to Dan Kumpf as quickly as possible.
I raised the water and sewer issue with Mr. Prentice when we met on February 2, 2007. Mr. Prentice did not seem familiar with the Lubicon water situation and told me to discuss it with George Arcand who attended the February 2nd meeting with Mr. Prentice and had been involved in Lubicon water and sewer discussions starting with the July 2002 meeting with Mr. Nault.
On my instructions Fred Lennarson phoned George Arcand on February 7th to discuss the water and sewer issue. George Arcand said that he’d discuss the matter with Dan Kumpf and phone Fred Lennarson back that same afternoon. However he didn’t phone back.
Fred Lennarson phoned George Arcand again on February 9th. George Arcand was unavailable. Fred Lennarson left a message asking that George Arcand phone him back.
Later that same morning George Arcand phoned me. I was in a meeting but phoned him back when the meeting was over.
George Arcand told me that he was phoning for Mr. Prentice to explain why Mr. Prentice hadn’t phoned me earlier in the week about appointment of a new federal negotiator and recommencement of Lubicon land negotiations -- as Mr. Prentice had promised to do during our meeting on February 2nd.
Following my conversation with George Arcand a woman in his office returned Fred Lennarson’s call and told Fred Lennarson "they’ve taken care of it -- George talked to the Chief".
Fred Lennarson and I later spoke about my conversation with George Arcand and I told Fred Lennarson that George Arcand and I had not discussed the water and sewer situation. Fred Lennarson therefore phoned George Arcand again.
Fred Lennarson was again told that "it has been taken care of -- George has already spoken to the Chief". Fred Lennarson told the woman that he was phoning about a matter that George Arcand and I had not discussed.
Fred Lennarson was then told that George Arcand wasn’t available -- that he was "out to lunch".
Dan Kumpf phoned Fred Lennarson after lunch saying "George asked me to work with you to see if we’re going to be able to move the dollars".
Dan Kumpf said "I don’t think you will disagree that moving the dollars is a good idea". He said "The problem is we now have cash at the end of this fiscal". He said "The rest is in the next fiscal for trucks and O & M".
"From the fiscal year perspective", Kumpf said, "if we’re going to try to move money in this fiscal year, we should do it now".
Fred Lennarson told Dan Kumpf the Lubicons have made very clear that they want agreement on water source and sewage disposal before they buy materials and install plumbing.
Dan Kumpf asked "Do the Lubicons understand the options?" He asked "Do these things all have to be resolved before we move the dollars?"
Fred Lennarson told Dan Kumpf the Lubicons understand very well the political games both levels of Canadian government have been playing with the Sunrise County pipeline. He told Dan Kumpf that the Lubicons made clear in the meeting last November and in two subsequent letters to Dan Kumpf that we are not prepared to trade the heritage of our children and grandchildren for indoor plumbing.
Dan Kumpf said "We have a short term plan". He said "We can get money for some trucks next year and we can truck in the water". He said "O & M will be extra".
Fred Lennarson told Dan Kumpf the Woodland water isn’t drinkable. He said that’s part of the rationale for the Sunrise County pipeline -- to provide the Woodlanders with drinkable water. He told Dan Kumpf that trucking in water that isn’t drinkable doesn’t solve anything. (Five months later Peace County health officials issued a water advisory warning people not to drink water from the Cadotte Lake water treatment plant. It said the latest problem was some kind of
"mechanical failure" that was "under investigation". "Even boiling the water", the water advisory said, "will not make it safe to drink".)
Dan Kumpf asked "What about the next closest source of water?"
Fred Lennarson told Dan Kumpf the next closest source of water is Red Earth but that’s problematic too. To obtain good drinking water, Fred Lennarson said, it would have to be trucked in from Peace River at a significantly greater annual cost than it would take to put in a local Lubicon water treatment facility.
Dan Kumpf said "That’s on a contract basis". He asked "How much will it cost if we buy the truck?"
Fred Lennarson told Dan Kumpf that the Lubicon numbers are already based on purchasing and operating trucks -- not contracting out water and sewer service. He said the O & M costs in the Lubicon proposal are based on actual hourly costs of operators running similar trucks for the neighboring Woodland and Loon River Bands. He said it would cost over $270,000 annually in 2005 numbers to truck in water from Peace River and the cost of setting up a Lubicon water treatment plant in 2005 numbers is only $200,000.
Dan Kumpf said the question is also one of what money is available.
Fred Lennarson told Dan Kumpf that water from Peace River would probably be workable on a short term basis until money is available to put in a Lubicon water treatment facility but that he didn’t want to be the one that has to explain to the public why the government has $270,000 a year to truck in water from Peace River but doesn’t have $200,000 to put in a Lubicon water treatment facility.
Dan Kumpf asked if Fred Lennarson had a report from the civil engineers on time and cost of the proposed pilot plant. Fred Lennarson said he had.
Fred Lennarson told Dan Kumpf that the civil engineers called Leon Gosselin’s estimate of 4 or 5 years and $6 to $7 million "ridiculous". He told Dan Kumpf that the civil engineers said pilot plant costs would be up approximately 50% from the $200,000 budgeted in 2005, and that delivery is now an issue due to the economic boom in Alberta, but that it would still be possible to have the pilot plant installed and operating within 6 months.
Dan Kumpf asked about testing the "feasibility" of the proposed water source.
Fred Lennarson told Dan Kumpf that the water source at the western end of Lubicon Lake had already been tested and is capable of producing 8,000 gallons a day. At an average usage of 100 gallons a day times 4.5 people per household times 10 households, Fred Lennarson said, 8,000 would be adequate to provide water services for the families of the ten Elders, to fine tune water treatment for the main Lubicon water treatment facility post settlement, to supply water service for a few additional families a year until settlement and full reserve construction, to provide water for proposed reserve commercial facilities and the families who chose to remain in Little Buffalo post settlement, and to serve as a back-up water source for the main water treatment facility post settlement.
Fred Lennarson said the other possible Lubicon water source is a well drilled in 1981. He said water was found at that site but it would have to be tested to check capacity and flow rates. He said testing the 1981 well would have cost $8,000 in 2005, and would cost an estimated 50% more now, but if it proved out it could represent considerable savings in access road costs. He pointed out that the cost of the 2005 Lubicon proposal was $1.2 million if the 1981 well proved out versus $2.5 million if the water source at the western end of Lubicon Lake has to be used.
Dan Kumpf asked Fred Lennarson if Fred Lennarson had talked to the Lubicons about disposing of Lubicon sewage in the Woodland sewage lagoon.
Fred Lennarson said he had. If the feds are unprepared to fix and enlarge the existing Northlands School sewage lagoon, Fred Lennarson said, the Lubicons want to explore the possibility of putting in a new sewage lagoon in Little Buffalo. Fred Lennarson said that he’d talked to the civil engineers and they said the current cost of a new lagoon would be about $300,000 compared to the $150,000 budgeted in the 2005 Lubicon proposal to fix and enlarge the existing Northlands lagoon.
Dan Kumpf asked if there is a place a new lagoon could be located.
Fred Lennarson told Dan Kumpf possible sites will have to be investigated but it would be cost efficient to locate a new lagoon in proximity to proposed reserve commercial facilities so sewage from the commercial facilities effectively agreed at the negotiating table could be piped to the sewage lagoon instead of trucked.
Dan Kumpf asked about water for the commercial facilities.
Fred Lennarson told Dan Kumpf that water for the commercial facilities could be piped via a low-pressure pipeline to a water reservoir so it wouldn’t have to be trucked but that would of course have to await settlement and construction of the commercial facilities. Fred Lennarson said the immediate objective is to provide water and sewer services for the Elders in a way that is consistent with and contributes to the water and sewer system agreed in settlement negotiations rather than doing it in a way that would be obsolete post-settlement.
Dan Kumpf asked "How to we proceed?" He asked "Should I send a letter spelling out the numbers?"
Fred Lennarson told Kumpf that he’d reported the numbers discussed in the January 30th meeting to the Lubicons but it would be useful to have a letter from Dan Kumpf officially confirming the numbers in writing. However, Fred Lennarson repeated, the Lubicons had made very clear that they are going to require agreement on water source and sewage disposal before they will be prepared to agree on transfer of money to buy materials.
Dan Kumpf said "I will talk with the Capital guys and see what we can do". He said "I will send a draft out Monday (February 12th)".
On February 19, 2007 I received the following letter from Dan Kumpf:
"Further to your letters of November 15, 2006 and January 19, 2007 I have since had the opportunity to meet with Fred Lennarson on January 30, 2007 to discuss the implementation of the "Lubicon Water and Sewer Proposal, June 22, 2005."
"Indian and Northern Affairs Canada (INAC) has secured $430,000 towards infrastructure development for the 10 elders (up from the originally discussed $410,000 to account for some increased costs). I appreciate your concern with respect to both acquisition of water for the community as well as the disposal of sewage. As discussed with Mr. Lennarson INAC is prepared to flow further funding under the First Nation Water Management Strategy to purchase both a water truck and vacuum truck, in addition to annual O&M costs as per INAC policy.
"Water sources and sewage lagoons were also discussed in some detail. Mr. Lennarson had raised the issue of the quality of water of the existing water treatment plant at Cadotte Lake; as of February 13, 2007 Health Canada advises that there is no boil water advisory at this site. I will, however, commit to undertaking a further review to determine if the water quality issues that Mr. Lennarson raised can be quantified by Health Canada; should they occur, INAC will review their analysis to determine if conditions can be improved. INAC is committed to ensuring the Lubicon people are accessing drinkable water in accordance with federal and provincial standards. (The following July Peace County health officials issued the water advisory warning people that "even boiling the water will not make it safe to drink".)
"In addition the operation of the existing Northlands sewage lagoon was discussed. It was identified that this facility is both under-capacity and in a non-conforming location. (The reason for Mr. Kumpf’s point about alleged "under-capacity" of the Northlands School lagoon is unknown. The capacity of the Northlands Sewage lagoon is 7,600 cubic meters and it would have to be enlarged to a capacity of 10,000 cubic meters in order to be able to accommodate the families of 10 Lubicon Elders in addition to meeting the requirements of the school.)
"Therefore an upgrade to this (Northlands) lagoon at this time would conflict with current environmental legislation. Instead Mr. Lennarson suggested (sic) it may be possible to dump the sewage at the existing lagoon at Woodland thereby substantially reducing operating costs for the vacuum truck. (The way to substantially reduce operating costs for the sewage truck would of course be to provide a local sewage lagoon.)
"While I am unable to commit funding at this time for a water treatment plant and sewage lagoon, I understand that these issues are to be addressed through your claims negotiation. Regardless, the two trucks would provide an interim solution to the immediate concern of the provision of water and sewer services to the elders.
"This said I have had my staff prepare the funding amendments for this fiscal year for:
$180,000 for lot servicing/renovations (from original $430,000 commitment; balance in fiscal year 07/08).
$170,000 + $200,000 for deposits on water and sewer trucks respectively. This will allow the Lubicon Nation to order the trucks; final balance will be flowed upon delivery of these units.
"In order to flow these funds by March 15, 2007 the signed amendment will have to be returned to our office by February 28, 2007. Given these time lines, I will have my staff expedite their delivery.
"I trust this clarifies the INAC position on this matter."
I responded to Mr. Kumpf’s February 19th letter the same day as follows:
"When we met last November 10th you indicated that you had identified $250,000 and were optimistic that you would be able to find another $160,000 which, taken together, would be adequate to pay for sinks and toilets for the families of ten Elders, to upgrade ten driveways (necessary to deliver water and haul away sewage), and to install ten water cisterns and sewage holding tanks. At that time you claimed not to know where the water would come from, where the sewage would go or how the actual water and sewer services would be paid for. It was a curious position to say the least.
"Your colleague Leon Gosselin proposed "to get the wheels turning (on release of the $250,000)" saying that "It might be possible to get a crack at more funds" but that the Department "can’t guarantee anything". Mr. Gosselin indicated that it might eventually be possible to obtain the necessary water from a 100 km long pipeline from the Peace River to Cadotte Lake being contemplated by Sunrise County and in the meantime he proposed to ‘contract out’ water and sewer services. You again claimed not to know where water in the meantime would come from, where the sewage would go or how contracting out provision of water and sewer services would be paid for.
"We pointed out that contracting out water and sewer services would cost more in three years than it would take to build the proposed Lubicon water treatment facility and expand an existing Northlands School sewage lagoon. We pointed out that completion of the proposed Sunrise County pipeline was by the Department’s own accounting at least 4 to 5 years away and that a Lubicon water treatment facility could be in place in a matter of a few months.
"We pointed out that having the province provide the Lubicon people with water from the Peace River over 100 kilometers away would constitute effective provincial assertion of jurisdiction over unceded Lubicon lands, and subvert Lubicon land rights, while building a Lubicon water treatment plant and sewage lagoon would be consistent with agreements made at the settlement negotiating table, and would provide the Lubicon people with employment in provision of our own services to our own people under our own duly elected government.
"We made very clear to you then and since that we are not prepared to proceed with provision of badly needed water and sewer services for our elderly people in a way that subverts the land rights upon which the future of all Lubicon people depend -- and in a way that was clearly intended all along to subvert the land rights upon which the future of all Lubicon people depend.
"As I indicated in my letters of November 15, 2006 and January 19, 2007, the Lubicon people are prepared to implement our jointly developed June 22, 2005 water and sewer proposal in phases, as you suggested during our meeting on November 10, 2006, provided that we have written agreement in advance as to where the water is going to come from, where the sewage is to go and how all of this is going to be paid for. As you know the June 22nd proposal provides for installation of a small Lubicon water treatment facility and expansion of the existing Northland sewage lagoon as the most economically viable way of providing these services consistent with Lubicon settlement negotiations and plans.
"You now indicate that you are not prepared to proceed with your own proposal to implement the June 22nd proposal in stages but that the Lubicon people should instead seek funding for a water treatment plant and sewage lagoon "through (non-existent) claims negotiations". This position clearly leads us indirectly back to the provincial pipeline intended to supplant the non-functional Cadotte Lake treatment plant; to further stonewalling on Lubicon land negotiations while the pipeline is built; to provincial assertion of jurisdiction over unceded Lubicon land and to subversion of Lubicon land rights.
"During the meeting on January 30, 2007 Mr. Gosselin told Fred Lennarson that the Department can provide $430,000 to provide water cisterns and sewer holding tanks for the families of ten Elders, to put plumbing fixtures in ten houses and to upgrade ten driveways. Mr. Gosselin proposed to provide $150,000 of this amount this fiscal year and to provide the remaining $280,000 next fiscal year.
"Mr. Gosselin indicated that the Department can provide $170,000 for a water truck and $200,000 for a sewer truck. He told Fred Lennarson "The Department pays 80% for water and sewer truck O&M". He said "Water truck O&M is $37,600 a year for the cost of both the operator and the cost of running the truck". He said "Sewer truck O&M is $37,506 a year for both the cost of the operator and the cost of maintenance".
"Actual annual truck operating costs in comparable situations are in fact known to be over twice that amount.
"Mr. Gosselin said the Department can’t spend money fixing and expanding the existing Northlands sewage lagoon because it doesn’t meet federal environmental setback requirements but, he said, the Lubicons can dispose of Lubicon sewage in the Woodland’s sewage lagoon located in Cadotte Lake.
"Mr. Gosselin claimed "it will take at least 4 or 5 years to design and build a (Lubicon) water treatment plant" but, he said, the Lubicons can obtain the water we need from what he euphemistically called "the current provincial source (in Cadotte Lake which the Sunrise County pipeline is notably expected to supplant in approximately the same 4-5 year time period)".
"Fred Lennarson told Mr. Gosselin that he understood from civil engineers that the proposed Lubicon water treatment plant could be put in place in a few months since the water source is already known; necessary treatment is already known and the proposed water treatment plant is something that can be purchased and set up on site. However, Fred Lennarson said, he would confirm his understanding with the civil engineers and report back which he subsequently did with you by phone on February 9th.
"As Fred Lennarson told you on February 9th, his earlier understanding is correct about how much time it would take to put a Lubicon water treatment plant in place and that Mr. Gosselin’s information is not correct. The proposed Lubicon water treatment plant can be put in place within 6 months at an estimated cost of $300,000 (up from the 2005 cost of $200,000 due to inflation and the economic boom in Alberta).
"Fred Lennarson agreed to check with us as to whether dumping Lubicon sewage in the Woodlands sewage lagoon in Cadotte Lake might be acceptable as a temporary, short-term sewage disposal solution until the Lubicons have our own sewage disposal facilities in place. However, Fred Lennarson told you, he knew the Cadotte Lake water is not acceptable to the Lubicons, to the Woodlanders or anybody else in the area whether "there is a boil water advisory" on it or not. A scum floats on the surface of it. It tastes terrible -- "like shit" -- and reeks of the chemicals that have to be used to prevent having to issue a boil water advisory on it. (Civil engineers make very clear that one of the criterion for judging water quality is drinkability. Certainly even Indian Affairs officials can understand that one of the criterion of acceptable drinking water has to be that it’s drinkable as well as not potentially deadly.)
"As your colleague Jim Wincherauk acknowledged during the meeting on January 30th, the water from the Cadotte Lake treatment plant has never been drinkable. The plant there has been modified several times in an unsuccessful effort to make it drinkable. Although Mr. Wincherauk said he understood it was technically possible to drink water from the Cadotte Lake plant, at one point the people in Cadotte Lake were even refusing to wash their vehicles with it. Water from the Cadotte Lake plant is only used for scrubbing floors, washing dishes and doing laundry by anybody who can obtain their drinking water elsewhere. The Department put money into developing the Sunrise County pipeline project on behalf of the Woodland Band at least in part, as you and your colleagues very well know, because water from the Cadotte Lake plant isn’t drinkable.
"With regard to dumping Lubicon sewage in the Woodlands sewage lagoon in Cadotte Lake, Fred Lennarson agreed to check with us as to whether the Woodland lagoon "might be acceptable to the Lubicons as a temporary, short-term sewage disposal solution until the Lubicons have their own facilities in place". He subsequently did so as he told you by phone on February 9th. As Fred Lennarson told you by phone on February 9th, if it is not possible for the Department to spend money fixing and expanding the existing Northlands sewage lagoon because of federal environmental setback requirements, we would like to explore the possibility of putting in our own sewage lagoon instead of trucking the sewage to Cadotte Lake. We have checked with the civil engineers and they advise that the current cost on a new Lubicon sewage lagoon would be about $300,000 compared to the $150,000 that it would take to fix and expand the existing Northlands sewage lagoon. Again consistent with Lubicon settlement negotiations and plans, a new Lubicon sewage lagoon could be located in proximity to the proposed reserve commercial facilities so sewage from the commercial facilities post settlement can be piped economically to the sewage lagoon rather than trucked -- which would be considerably more expensive.
"Lastly you presume too much when you instruct your staff to prepare funding amendments to proceed with an approach to the provision of water and sewer which isn’t tenable technically, financially or politically and which we have repeatedly told you isn’t acceptable. The Lubicon people are not prepared to be scammed or maneuvered into trading the heritage of our children and grandchildren for water we can’t drink delivered by trucks we can’t afford to operate."
That was the last we heard from Mr. Kumpf.
I raised the water and sewer situation with George Arcand again on April 10, 2007. Mr. Arcand said he didn’t understand the problem.
We told George Arcand that the problem is that Jim Sisson instructed Regional Office officials to stop water and sewer talks because of land negotiations -- contrary to Minister Nault’s instructions to George Arcand to provide the Lubicons with basic services even while efforts to settle Lubicon land rights were continuing. We told Mr. Arcand that Regional Office officials had then devised and attempted to implement a scheme to lead the Lubicons into accepting water services provided by the province as part of assertion of provincial jurisdiction -- contrary to agreements made in Lubicon land negotiations and contrary to Lubicon self-government. We told Mr. Arcand that Regional Office official Chris Wilson -- likely under instructions from Mr. Sisson -- then added insult to injury by telling reporters falsely that the federal government had offered the Lubicons water and sewer services and Lubicon leaders refused to accept it because, supposedly, Lubicon leaders were holding their own people hostage in order to gain sympathy from international organizations.
George Arcand told us that he didn’t believe what we were telling him about Mr. Sisson.
We told Mr. Arcand that we would be pleased to provide documentation on Jim Sisson instructing Regional Office officials not to proceed with water and sewer talks, on Chris Wilson falsely telling reporters that Lubicon leaders were holding our own people hostage in order to gain sympathy from international organizations, and on the involvement of Regional Office officials in the scheme to have the province provide water from Peace River via a 100 km pipeline contrary to agreement at the negotiating table and at a cost several times greater than the cost of the June 22nd proposal.
George Arcand said he wanted to see what could be done to provide the Lubicons with water and sewer services locally under Lubicon self-government. He asked what it would cost to update the Lubicon proposal to check out local water services.
We told George Arcand that we’d have to ask civil engineers to update the numbers which would cost money we didn’t have. We told him that part of the financial problem being faced by the Lubicon people is that we keep spending money we don’t have doing settlement-related work agreed with federal officials.
George Arcand said he would agree to pay to have civil engineers update the numbers in the June 22nd proposal. He asked when we could give him an estimate of the cost of up-dating the numbers on what it would cost to check local sources of water.
We told George Arcand that we’d get an estimate from the civil engineers and get back to him as soon as possible. We explained to him that we only had to check one of the two possible sources of water -- that the other local source of water had already been checked and is known to be workable. We also made clear to Mr. Arcand that there is more to providing Elders with water and sewer service than just checking out the one possible source of water.
On April 19, 2007 we received an estimate of $7,000 to update the numbers. It was faxed to Mr. Arcand later that same day.
In early August we started receiving copies of letters about the Lubicon water situation that were being sent to people over Mr. Prentice’s signature and similar letters signed by Mr. Sisson on George Arcand’s behalf. Both letters claimed the Department had "provided (the Lubicons with the $7,000 to update the cost estimate) and are waiting to hear back from the Band on this matter".
Mr. Prentice’s letter, dated August 9, 2007, is the letter to which you refer in your letter when you say "As former Minister Prentice explained in his letter to you, our Regional Office officials are working with the Lubicon Lake Band on the water issue".
In fact we had not received the $7,000. It didn’t arrive until after we phoned Indian Affairs on April 27th and asked if they knew what Mr. Prentice and Mr. Arcand were talking about.
The source of Mr. Prentice’s incorrect information about our receipt of the $7,000 was almost certainly officials in the Alberta Regional Office. Notably Mr. Arcand’s letter was signed on his behalf by Mr.Sisson suggesting that Mr. Arcand was not in the office at the time.
Upon receipt of the $7,000 check from Indian Affairs we immediately contacted the civil engineers and asked them to update the numbers on the June 22nd proposal. We received the final draft of the update of the numbers from the civil engineers on September 27th and sent it to George Arcand on Friday, September 28th.
On instructions Fred Lennarson phoned George Arcand on Monday October 1st to confirm receipt of the updated numbers and to discuss next steps. Mr. Arcand’s secretary confirmed that the update had been received but said Mr. Arcand was in a meeting. Fred Lennarson asked Mr. Arcand’s secretary to have Mr. Arcand call Fred Lennarson back. He didn’t do so and hasn’t taken or returned calls from Fred Lennarson ever since.
Fred Lennarson also phoned Jim Wincherauk as the Field Services Officer for the Alberta Regional Office responsible for northern Alberta. Fred Lennarson reached a phone message saying that Jim Wincherauk was in the office but not at his desk and asking that the caller leave a message. Fred Lennarson left a message for Jim Wincherauk asking Jim Wincherauk to phone Fred Lennarson back. Jim Wincherauk didn’t do so and hasn’t taken or returned calls from Fred Lennarson ever since.
After it became inescapably clear to Fred Lennarson that neither Mr. Arcand nor Mr. Wincherauk were going to take or return any of his calls, Fred Lennarson reported that to me and recommended that I try to phone Mr. Arcand or Mr. Wincherauk myself. Neither of them took or returned any of my calls either.
It is therefore not true, as you claim in the letter being sent out over your signature, that "our Regional Office officials are working with the Lubicon Lake Indian Band on the water issue". Your Regional Office officials have been in fact refusing to take or return our calls regarding provision of water and sewer service to our people since last September. Moreover, contrary to the impression created in your recent speech to the AFN that significant progress is being made by your government to provide First Nation people with safe drinking water, no progress of any kind has been made to provide the Lubicon people with safe drinking water.
In the end, as we all know, the problems faced by Lubicon people can only be addressed by settlement of Lubicon land rights. As I indicated in my March 2, 2006 letter to Mr. Prentice that he never answered, there is nothing on the Lubicon negotiating table that cannot be settled in short order, including financial compensation and recognition of the right of the Lubicon people to be self-governing. However, as frustrated representatives of resource companies regularly point out, a negotiated settlement of Lubicon land rights cannot be achieved if there are no negotiations. We therefore ask that you send federal negotiators back to table with full mandate to negotiate all outstanding issues in good faith, including self-government and financial compensation.
In the meantime, and consistent with agreements made at the negotiating table, the commitments of your predecessors, the policy of your government and your own public statements, we ask that the government of Canada proceed immediately with June 22, 2005 proposal so that our people have safe water to drink and we don’t have to help our old people to outdoor toilets through the snow in -40°C temperatures. The numbers will of course now again need to be updated -- and your officials instructed to actually do what you tell people they are doing -- but there is no good reason why our old people cannot be provided with basic water and sewer service by July of this year.
Sincerely,
ORIGINAL SIGNED BY
Bernard Ominayak
Chief, Lubicon Lake Indian Nation
cc: Prime Minister Stephen Harper
Federal Liberal Leader Stéphane Dion
Federal NDP Leader Jack Layton
AFN National Chief Phil Fontaine
Liberal Indian Affairs Critic Anita Neville
NDP Aboriginal Affairs Critic Jean Crowder
Miloon Kothari, UN Special Rapporteur for Housing?
Cosanna Preston, Friends of the Lubicon Alberta
Dennis Whitford, Aboriginal Interagency Committee
Vreni Stiglitz, Alberta Ratepayers Association?
John Krebes, ISL