Friends of the Lubicon
PO Box 444 Stn D,
Etobicoke ON M9A 4X4
Tel: (416) 763-7500
Email: fol (at) tao (dot) ca
www.lubicon.ca
August 3, 2006
Attached please find an article from an Alberta law journal regarding the Lubicon Nation.
The author rightly notes that "it should not be assumed that the lack of settlement demonstrates that the Lubicon Cree are unable or unwilling to negotiate agreements."
Unfortunately, as long as federal negotiators have no mandate to negotiate with the Lubicon, the same cannot be said for the Canadian government.
From Law Now, April/May 2006
Human Rights Law
Linda McKay-Panos
One of the longest unresolved human rights issues in Alberta is the case of the Lubicon Cree, an Aboriginal First Nation of about 500 people who live in northern Alberta. The Lubicon were overlooked when Treaty 8 was negotiated with other Aboriginal peoples in the area in 1899. While a reserve was promised to the Lubicon people 40 years later, it was never established. The subject of the dispute is 10,000 square kilometres of oil-rich forested land, north of Lesser Slave Lake and east of the Peace River. As described in an Amnesty International article in April 2003, traditionally the Lubicon Cree lived almost entirely off the land. Considerable oil extraction, which started in the 1970s in the region, together with extensive logging, has had significant reported impact on the health, way of life, and culture of the Lubicon Cree. Yet, they have never consented to this development on traditional lands for which they claim to have never surrendered their rights.
Since about 1985, there have been several attempts at negotiations with the federal and provincial governments regarding Lubicon land rights, but these talks have broken down. Hopes for a solution were raised in 1990 when the United Nations Human Rights Committee (UNHRC) concluded that this situation endangered the way of life and culture of the Lubicon Cree. As early as 1984, the Committee had said that so long as they continue, the threats to the Lubicon way of life are a violation of the Lubicons fundamental human rights. The Canadian government assured the UNHRC that it was negotiating a settlement that would respect the rights of the Lubicon Cree. Despite this, a settlement has never been reached.
It should not be assumed that the lack of settlement demonstrates that the Lubicon Cree are unable or unwilling to negotiate agreements. John Cotter (CNews, November 2005) describes recent Lubicon negotiated agreements with two private oil and gas firms. These agreements give the band a veto over some oil and gas drilling on the claimed land. The Lubicon claim that they were able to negotiate these agreements despite the Alberta government urging the firms not to negotiate with the band.
Glenn Luff from Indian Affairs says that the federal government is not willing to pay the amount of financial compensation claimed by the Lubicon. In earlier discussions reported by Cotter, the Lubicon asked for $50 million to establish a reserve and a further $120 million in compensation for energy and forestry development that has occurred over the decades.
On November 2, 2005, the UNHRC responded to the representations of a delegation from the Lubicon Cree who had appeared before it in Geneva on October 17, 2005, to ask for further comment on the situation. In its report (CCPR/C/CAN/CO/5), the UNHRC said, The Committee is concerned that land-claim negotiations between the Government of Canada and the Lubicon Lake band are currently at an impasse The state party should make every effort to resume negotiations. It should consult with the band before granting licences for economic exploitation of the disputed land. These are strong statements that have raised the hopes of the Lubicon Cree that the negotiations will resume and will result in an appropriate settlement.
The UNHRC also noted in its November 2, 2005, decision that Canada has not implemented its previous recommendations on other human rights issues and has not established procedures for responding to deficiencies when they are identified by the UNHRC. Many human rights advocates hope that this commentary will embarrass the government into action. One of the criticisms of the United Nations system is that remedies available to individuals are soft, because they cannot be enforced in the same manner as domestic legal cases. The United Nations has relied upon the desire of Canada to maintain its international reputation of being a great respecter of human rights. Bringing the Lubicon Cree situation to the attention of the international community in 1990, however, did not seem to produce the desired results.
The Lubicon Cree did not let the initial disappointment deter them and approached the UNHRC once again this year. As noted by Alphonse Ominayak, Lubicon band counsellor, in Cotters CNews article, They have to deal with this as soon as possible so we can get on with our lives before everything is totally destroyed. People are hoping the government will live up to its responsibilities.
Perhaps if the federal government established a procedure to respond to deficiencies in human rights noted by the UNHRC, this procedure could be used to finally address the human rights concerns arising from the circumstances of the Lubicon Cree, which have remained unresolved for decades.
Linda McKay-Panos, BEd, LLB, LLM is the Executive Director of the Alberta Civil Liberties Research Centre in Calgary, Alberta.
fol-request at masses.tao.ca