No original of this letter was ever received. The Lubicon learned of the existence of the letter some three weeks later and requested a copy. A barely legible fax was received from the Minister’s office on November 4, 2004. The text of the letter is re-typed below for legibility. The text and punctuation are as in the faxed letter.

October 15, 2004

Chief Bernard Ominayak
Lubicon Lake Indian Nation
P.O. Box 6731
PEACE RIVER AB T8S 1S5

Dear Chief Ominayak:

I am writing in response to your letter of August 29, 2004, addressed to me, and to your letter of March, 22, 2004, addressed to my predecessor, the Honourable Andy Mitchell, concerning the Lubicon Lake Indian Nation land claim negotiations.

Your letters make allegations that I find most troubling - implying that Canada is negotiating in bad faith in respect to your discussions on self-government. Your letters refer to Canada’s failure to "protect inherent Lubicon self-government powers until a full self-government agreement can be negotiated". It is my understanding that the federal team’s undertaking was to draft language which would honour its agreement to enter into self-government negotiations with the Lubicon Lake Indian Nation at a future date, following completion of the substantive land claim agreement. In light of the Lubicon’s insistence that substantive self-government negotiations not be deferred, Canada offered to enter into negotiations (at a separate table) on a self-government Framework Agreement, an offer which the Lubicon negotiating team rejected.

It is also my understanding that after several months of negotiations, the clauses discussed in late November were to be placed in the body of the land claim agreement, thereby making them legally binding on Canada. Given this commitment, I do not understand many of the comments in your letters.

I do not accept these allegations of bad faith. At this time, I will simply confirm that Canada has always negotiated, and will continue to negotiate, in good faith. Canada has always demonstrated its support for these negotiations by providing millions of dollars to the Lubicon Lake Indian Nation to participate in the negotiations, as well as by assigning extremely capable and successful senior public servants and Chief Negotiators chosen from outside the Public Service to represent Canada over the past 25 years.

Your letters also indicate that Canada does not have a mandate on financial compensation and self-government that will enable the parties to reach a settlement on the Lubicon Lake Indian Nation land claim and that you suggest the best means of moving forward is for me to provide a new mandate to my negotiators.

I thank you for sharing your concerns with me. I am currently reviewing the Lubicon claim, the federal mandate and the progress achieved to date on the file. I will provide you with a response once I have completed my review.

Yours sincerely,

Original signed by

a signe l’ original

The Honourable Andy Scott, PC, MP