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
April 8, 2005
On two recent occasions Alberta Liberal Environment Critic Dr. David Swann has raised questions in the provincial legislature about what Deep Well Oil and Gas is doing in the unceded Traditional Lubicon Territory.
The answers Dr. Swann has received suggest that Alberta Premier Klein, Alberta Attorney General and Justice Minister Stevens, Alberta Aboriginal Affairs Minister Calahasen, Alberta Environment Minister Boutilier and Alberta Energy Minister Melchin either don't know what their Deep Well cronies are doing in the unceded traditional Lubicon Territory or that they don't want others to know.
Energy Minister Melchin's astonishing comment that it's "standard procedure" for oil companies to move in equipment and to clear the site for a new oil well before making application to the appropriate provincial regulatory authority is not only untrue but would make a mockery of the whole idea of provincial regulation of the oil industry in Alberta.
It's hard to imagine that provincial Energy Minister Melchin really doesn't know that oil companies are required to obtain appropriate provincial licences, permits and approvals prior to commencing with work on a new oil well. If he really doesn't know, it's hard to imagine why he's the provincial Energy Minister.
Copies of provincial Hansard and a related press statement by Dr. Swann are included for your information.
April 4, 2005
Hansard
Alberta Provincial Legislature
Oil Well Drilling
Dr. Swann: Thank you, Mr. Speaker. Three years ago and $3 million ago the government of Alberta announced a consultation process to help with land development issues between First Nations bands and oil fields contractors. This agreement has yet to be put in place, and oil companies continue to develop in disputed areas without first consulting First Nations peoples. To the Premier: why was the Lubicon Lake band not consulted about oil and gas activity on disputed crown land in their area?
Mr. Klein: I don't know that to be true or not, but I will take the matter under advisement, Mr. Speaker, and have the . . .
Mrs. McClellan: Ron's going to answer it.
Mr. Klein: Oh. Mr. Speaker, I'm advised that the Attorney General and Justice minister may be able to provide an answer.
The Speaker: The hon. minister.
Mr. Stevens: Thank you, Mr. Speaker. In this particular case negotiations involving the Lubicon were last held some many months ago.
I believe it was 15 to 18 months ago. Negotiations relative to the Lubicon are the responsibility of the federal government. If we are asked to participate, we do participate, and that is the current status of the matter.
Dr. Swann: Again to the Premier: why has the government not completed the consultation and report in its commitment of 2002?
Mr. Klein: Again, I don't know if the allegations are true, but I'll have the hon. minister respond.
Mr. Stevens: Mr. Speaker, at this particular point in time there is a consultation policy that is being reviewed. It's currently in the final round of focus group meetings with First Nations and the industry.
As it relates to the Lubicon matter, Mr. Speaker, I can advise you that the negotiations did not, according to the information that I have received, involve any matter relative to the lands where these proposed oil wells are to go forward. In any event, before oil companies can drill, they have to go to the EUB and receive approval. That particular matter, of course, is under the auspices of the Minister of Energy, and he may wish to supplement.
Dr. Swann: Again to the Premier: will your government stop development in the Lake Lubicon area until full consultation with native groups has been completed?
Mr. Klein: Mr. Speaker, again, I don't know the situation relative to the Lubicon, but I'll have the hon. minister respond.
Mr. Stevens: Well, as I indicated, Mr. Speaker, the consultation process per se is in the final stages of approval. With respect to the issue that the Lubicon have advanced, it is not with respect to lands which have been the subject of any discussion of potential settlement. That is not what we are talking about here. We are talking about some other lands. There is, to the information that I have received, absolutely no basis relative to the claim that there is some special protection associated with these lands. In any event, Mr. Speaker, as I indicated in the previous answer, the oil companies do have to make application to the EUB, and the Lubicon can make their case at that time.
Alberta Liberal Opposition
News Release
April 7, 2005
Liberal Opposition Calls for a Moratorium of Development on Lubicon Lands
Alberta Liberal Environment Critic Dr. David Swann is calling for a moratorium on development in Lubicon territory, in response to heavy oil and gas development in the heart of Lubicon territory.
Swann is concerned about oil sands exploration activities by a consortium of oil companies with strong ties to members of the Progressive Conservative Party.
"Oil and gas developers have to go through the due process of consultation with affected parties before unrestrained development can occur," said Swann.
A group of oil companies led by Deep Well Oil and Gas, along with Surge Global Energy, have started work on (up to) 512 wells intended to extract almost 820 million barrels of oil from Lubicon traditional territory.
While other companies have conducted conventional oil and gas exploration in Lubicon territory, this project is the first large-scale oil sands operation to occur in the disputed area.
"Maybe it's because of their strong ties to the government, but these companies feel they are accountable to no one," said Swann.
Swann is recommending that an environmental impact assessment of the area be completed, and that consultations with the band be honored before further damage is inflicted on the people and land of the Lubicon Nation.
Since the mid 1980s, the Lubicon Nation has engaged in a series of unresolved land disputes with the federal and provincial governments over oil and gas development in their traditional territory.
"The traditional way of life of the Lubicon people is being destroyed by oil and gas development, to which they've never consented," said Swann.
April 7, 2005
Hansard
Alberta Provincial Legislature
Question Period Questions
Oil Well Drilling on Crown Land
Dr. Swann: Thank you, Mr. Speaker. Recently members of the Lubicon First Nation confronted construction crews clearing bush for oil and gas development in areas designated as buffer zones according to the Grimshaw agreement. According to the Lubicon chief, the oil companies in question, with deep connections to this government, did not consult the band prior to the crews moving into the area. My first question is to the Minister of Aboriginal Affairs and Northern Development. Given that your ministry was given $6 million to enable consultation with First Nations for these purposes, what are you doing about this failure?
Ms Calahasen: Well, Mr. Speaker, first of all let me discuss the whole issue of consultation. We started in about June, 2003 to be able to start developing a consultation process. Since that time we've had a lot of different meetings with the various First Nations and as well with industry, and we're at the point now of making sure that we do a number of things. One is that with the money that was given to us, each different ministry was given the money, we could begin to build a capacity within government. We've been able to do that, and that has helped us to be able to work with the First Nations on building their own capacity. Since that time we've also received money to be able to ensure that that capacity within First Nations would be also dealt with, and we have put money into what we call traditional land-use studies. Those traditional land-use studies are to be able to map where the First Nations have traditionally done their work, traditionally done their traditional activities.
The Speaker: I'll turn it over to the hon. member for a supplementary.
Dr. Swann: To the Minister of Environment: will you, sir, support an environmental impact assessment before the projected 512 wells are drilled in areas in and around the Lubicon nation?
Mr. Boutilier: Mr. Speaker, I want to say that EIAs, as they're referred to, environmental impact assessments, are very important tools to ensure the environmental standards that we enjoy here in Alberta, and certainly when they are used with the parameters and conditions to make that determination, we are certainly not afraid in any way, shape, or form of having an environmental impact assessment if the parameters warrant such. What I would do is ask the Minister of Energy to supplement relative to the EUB process on that point.
The Speaker: Well, we'll proceed to the third supplement.
Dr. Swann: To the Minister of Energy: given the disregard for Lubicon rights in these developments, will your ministry stop these particular developments in the area until these issues have been addressed?
The Speaker: The hon. minister.
Mr. Melchin: Thank you, Mr. Speaker. I'm delighted to be able to respond to that. In this case, I have been informed that the company has moved some pipe and has done some clearing around a well site. That is very standard procedure. This is in anticipation of the spring thaw. They have not yet gone forward to the Energy and Utilities Board, which is a requirement, but they will. That'll come forward in due course. That does require public consultation, so there will be a process of public consultation before any license is actually issued for drilling, as in the normal procedures.
fol-request at masses.tao.ca