Selling Out Lubicon Land Rights

Pending Timber Sale
in Lubicon Traditional Territory

Friends of the Lubicon (Toronto)
Address as of Dec 12, 2000:
PO BOX 444 STN D,
ETOBICOKE ON M9A 4X4
tel: (416) 763-7500

e-mail: fol (at) tao (dot) ca

Oct 20, 1999

In February the Alberta provincial government announced that it was beginning a public consultation process regarding the status of various forests around northern Alberta. Amongst the lands in question were areas returned to the province by Daishowa after a successful Lubicon boycott campaign forced the forestry company to abandon plans to clear-cut Lubicon traditional territories.

When the consultation was announced, Lubicon Chief Bernard Ominayak wrote to the province informing them that Lubicon traditional territories remain off-limits for clear-cutting and advising them that their time would be better spent negotiating a resolution of Lubicon land rights rather than deliberately provoking confrontation with the Lubicons.

THE PROVINCE COMES TO THE TABLE

After a year of bilateral federal-Lubicon negotiations, head Provincial negotiator John McCarthy recently attended his first session of this round of land rights negotiations on July 29.

Land is the first key issue to be resolved with the province - how much land and which lands are to be set aside to create a reserve for the Lubicons. The question of land centres on an agreement called the Grimshaw Accord. The Grimshaw Accord was a landmark agreement between the Lubicons and Alberta negotiated by then-Premier Don Getty and Chief Ominayak in 1988 which settled the issue of land quantum and laid to rest earlier disputes about Lubicon membership. The province agreed to set aside 95 square miles as a reserve area regardless of membership.

Since the agreement was made, provincial bureaucrats have regularly attempted to misrepresent, undermine or break the agreement, most recently by characterizing it as a "proposal" or "offer" that has since been rescinded. Don Getty, however, when contacted by media, has stood by the agreement.

After a lengthy briefing led by Chief Federal Negotiator Brad Morse on the status of negotiations, McCarthy told the Lubicons that the "Grimshaw proposal" had been withdrawn by then-provincial Native Affairs minister Mike Cardinal in 1995 "in the interest of a fresh start".

However, McCarthy said, he has a new Minister to report to and therefore he couldn't say what his mandate on the land issue will be. He said he would report back to the Minister about negotiations and get instructions on how to continue. He said "We've got a new boss, and I've got to get instructions. I'm interested from a personal point of view to see if we can bridge the gap."

Chief Ominayak told McCarthy "We're glad to hear that your interest is to resolve the issue. I don't think that Mr. Cardinal has any right to break agreements your government and ours made. We've always stated we stand by the agreement that we made."

Referring to the string of boycotts, protests, and blockades which precipitated the Grimshaw Accord in 1988, Chief Ominayak said "You probably recall all the problems we had leading into that agreement. I hate to see us rehash all those problems again. We certainly don't agree that Mr. Cardinal has any right to break agreements made with us."

He said "At the time we were dealing with Grimshaw, we saw more willingness from Alberta to settle than from the feds. Now it's the reverse. We get caught in the middle. With that, John, I thank you and we'll await your response."

LUBICON LANDS UP FOR SALE AGAIN

Exactly one week later, the Alberta provincial government announced that it is now accepting tenders for logging within a portion of the Lubicon traditional territory. The southeast portion of the traditional territory being put up for sale surrounds the proposed 95 square mile Lubicon reserve area on the East, North and South sides. That means potential loggers will be allowed to clear-cut right up to the boundary of the proposed Lubicon reserve.

In the fall of 1999, the Alberta provincial government announced that this southeast portion of Lubicon territory "will continue to be available for reallocation at a future date".

Selling off the resources on lands where the rights are in question is just about as underhanded, despicable and duplicitous as you can get. Selling off resources on the very lands you are currently at the table negotiating the rights to is even worse.

Lubicon supporters have been writing to the Alberta government expressing their protest over this turn of events.

Supporters have been telling the Alberta government to negotiate in good faith and to stop selling off Lubicon lands before Lubicon land rights have been resolved and most importantly that the province must honour the Grimshaw Accord it made with the Lubicon Nation in 1988.

A good example letter sent by the Chippewas of Nawash is attached.

The address to write to is:


The Honourable Ralph Klein
Premier of Alberta
Room 307 Legislature Building
Edmonton, AB T5K 2B6

___________________________

Sample letter:

14 June 1999

Premier Ralph Klein
Province of Alberta
Alberta Provincial Legislature,
Edmonton, AB

Dear Premier Klein,

Those of us who have been watching the Lubicon saga over the past decade think that the time has come for you to take the lead in Canada in restoring to First Nations their cultural integrity and economic self-sufficiency. (The two are inextricably linked.)

I urge you to join negotiations with the Lubicon First Nation and sign an agreement that will forever end this sad story in a way that will see the First Nation regain its self-reliance.

Resist the urge to copy tactics that have been used in the past and are being used now in Ontario to defeat Natives rightful claims to earn a sustainable living from the land and its resources. Withdraw any permits to cut that have been issued for Lubicon traditional territory. Do not use other First Nations to exploit the resources on Lubicon land. Recognize Native rights to make a living from practicing their aboriginal and treaty rights. Recognize the value of First Nation stewardship over the land and its resources and engage the Lubicon in co-management agreements.

It is in your power to show the rest of Canada how to recognize First Nations rights in a way that will result in restoring their economic self-sufficiency. Take the lead.

Regards,

David McLaren

Communications Coordinator, Chippewas of Nawash

 


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