May 6, 1991
Enclosed for your information are a couple of newspaper articles
and a Friends of the Lubicon press release concerning the most
recent travails of the Lubicon people before the Canadian courts.
Preliminary hearings for four people were scheduled for April 29th,
another four were scheduled for May 6th and the remaining five were
scheduled for May 29th. The idea behind all of these various
preliminary hearings was to try and pit accused against accused
and/or against potentially accused. All preliminary hearings have
now been adjourned until June 17th pending decision on charges that
the Government is continuing breach of its Constitutional duties
and obligations by such conduct of the case.
Preliminary hearings will be re-scheduled on June 17th or perhaps
adjourned further pending appeal of whatever decision is rendered
on charges that the Government is in continuing breach of its
Constitutional duties and obligations by its conduct of the case.
In any event it's hoped that Government handling of the case will
be subjected to proper scrutiny.
Attachment #1:
FOR IMMEDIATE RELEASE
April 29, 1991
ATTENTION: News Desk/Native Affairs Editor
FROM: Friends of the Lubicon, Toronto
Lubicon Lake Nation lawyers are raising procedural points regarding
the conduct of an RCMP investigation into the destruction of
logging equipment on Lubicon territory. The first of thirteen
Lubicon Lake Nation members were to appear in court in Peace River,
Alberta, this Monday, April 29. The thirteen are charged with
Possession of Explosives, Arson, Disguise with Intent, and
Trespass. They each face up to 50 years in prison. Procedural
points have delayed the hearings.
The charges stem from the destruction of logging equipment
operating in Lubicon Nation territory last December 13. Daishowa,
a Japanese multinational which is operating a pulp mill in the
area, contracted the logging of sovereign Lubicon lands to Brewster
Construction, a wholly-owned Daishowa subsidiary, and Buchanan
Lumber. Last November 8 the Lubicon Lake Indian Nation gave notice
that all developments in unceded Lubicon territory would have to
obtain operating permits from the Nation and comply with Lubicon
environmental and wildlife protection regulations. Companies which
failed to do so would be subject to removal without further notice.
To date, Buchanan, Brewster, and numerous oil companies have failed
to comply.
The Friends of the Lubicon (Toronto) condemns the use of the
Canadian judicial system as a weapon against the Lubicon lands and
people. We demand that all the charges be dropped against Lubicon
Nation members on the basis that Canadian courts and police have no
current jurisdiction on unceded Lubicon territories and on the
basis that Buchanan Lumber is operating illegally without Lubicon
Nation permits within unceded Lubicon territory.
We also call upon the Alberta government to revoke all development
leases on unceded Lubicon territories. We call on Daishowa and all
its subsidiaries or contractors to cease all operations on unceded
Lubicon territories until a just settlement has been reached in the
land dispute. And we call on the Canadian government to negotiate
such a settlement in good faith without further delay.
The United Nations Human Rights Committee in 1988 called upon
Canada to ensure that no further irreparable harm be done to the
Lubicon Nation. In 1990 they said that "recent developments
threaten the way of life and culture of the Lubicon Lake Band and
constitute a violation of Article 27 so long as they continue."
For more information contact Friends of the Lubicon at 416-653-
1499.
Attachment #2: re-printed without permission from The Edmonton
Sun, Tuesday, April 30, 1991
LUBICON HEARING ON HOLD
PEACE RIVER
The preliminary hearing for 13 people from the Lubicon Lake Indian
Band in northern Alberta facing a number of charges has been put on
hold.
The defence and Crown agreed to a stay of proceedings until a
charter of rights application on logging on traditional land has
been made by a Court of Queen's Bench justice in Edmonton.
A ruling on that application should be made some time in the next
month. A new preliminary hearing has been set for June 17 in Peace
River provincial court.
The 13 people were charged in November with mischief, possession of
an explosive, arson and being disguised with intent. The charges
followed an incident when Buchanan Lumber of High Prairie had parts
of its logging camp burned.
Attachment #3: re-printed without permission from The Edmonton
Journal, Tuesday, April 30, 1991
INQUIRY INTO POLICE ACTIONS DELAYS TRIAL OF LUBICONS
Jim Farrell
Journal Staff Writer
Edmonton
A Peace River judge postponed Monday the trials of 13 natives
charged in connection with fires at a logging camp on land claimed
by the Lubicon band.
A series of preliminary inquiries -- the first originally scheduled
for Monday -- will now be delayed until an Edmonton Court of
Queen's Bench determines if the RCMP interfered with the rights of
witnesses, a spokesman for the Attorney General's department said.
That appeal will be heard sometime in June, Susan O'Sullivan said.
Police laid charges against the 13 after approximately $20,000
worth of logging equipment was burned in November, approximately
120 km northeast of Peace River.
Edmonton lawyer Bob Sachs, acting for the Lubicon band, claimed
police intimidated witnesses during their investigations and
questioned them without presence of legal counsel.
"Defence counsel asked for the postponement and appealed on the
grounds of breach of the Charter of Rights regarding self-
incrimination," O'Sullivan said.
Sachs also claimed in January the Crown has no jurisdiction on land
which was never ceded to it in a treaty, said Lubicon adviser Terri
Kelly. That argument won't be dealt with during the June appeal,
however.
"Now it's only a question of whether the investigation proceeded
properly. It's just straight law at this point," Kelly said.
All 13 accused appeared in Provincial Court Monday. All had
remained mute during a January court appearance to show they
challenged the province's right to lay charges.
By remaining mute, the Lubicon were considered to have chosen trial
by judge and jury.
If Court of Queen's Bench rejects Sachs' appeal, the 13 are
scheduled to appear in a Peace River Provincial Court June 17 to
have trial dates set, O'Sullivan said.
--- FD 1.99c
* Origin: Lubicon News Station: Edmonton, Alberta Canada (89:682/432)
--
Terri Kelly - via IMEx node 89:681/1
Terri.Kelly@f432.n682.z89.onebdos.UUCP