Part 1 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Obviously committed to undertaking a major logging operation in
Lubicon territory this fall, and under growing public pressure to
honour the March 8, 1988, agreement with the Lubicon people to stay
out of the unceded Lubicon territory until Lubicon land rights are
settled and an agreement negotiated with the Lubicon people
regarding Lubicon wildlife management and environmental concerns,
Japanese forestry giant Daishowa is now simply denying the
existence of any such agreement with the Lubicons. Daishowa's lack
of honour is both disappointing and will condition any future talks
between Daishowa and the Lubicon people.
In an April 12, 1991, letter to the Chairman of the Toronto-based
Task Force on the Churches and Corporate Responsibility, Daishowa
General Manager of the Edmonton Corporate Office James P. Morrison
claims that "Daishowa at no time made a commitment to the Lubicon
Band that involved their (11,000 sq. km.) traditional territory
(underlining added)". Rather, Mr. Morrison claims, "In March of
1988 Daishowa met with (Lubicon) Chief Ominayak and explained the
provisions contained in the proposed Forest Management Agreement
(between Daishowa and the Alberta Provincial Government)".
During the March 8, 1988, meeting, Mr. Morrison claims, "Daishowa
told the Chief that it would not log in (what Mr. Morrison calls)
the future (65.8 sq. km.) reserve area". "Further", Mr. Morrison
claims, "due to the possibility that the reserve area could be
expanded in the future as negotiations progressed, Daishowa
(supposedly) told the Chief that it would do its best to avoid
logging areas immediately adjacent to the proposed reserve area
(underlining added)".
"When the Forest Management Agreement was signed in September of
1989 (between Daishowa and the Alberta Provincial Government)", Mr.
Morrison continues, "a larger excluded area of 243 sq km. was
provided for". (The 243 sq. km. area to which Mr. Morrison refers
is of course the 95 sq. mile area agreed by Premier Getty and Chief
Ominayak at Grimshaw.)
"Daishowa cannot", Mr. Morrison concludes, "indefinitely postpone
the timber harvest to which it is entitled (underlining added)".
"After all", Mr. Morrison says, "Daishowa's $580 million dollar
investment in the Peace River (pulp) mill was premised on having
that secure wood supply".
If Mr. Morrison was Geppetto's dummy instead of Daishowa's, his
nose would be a mile long and still growing. Since he personally
didn't attend the March 8, 1988, meeting and makes these incredible
claims in response to a letter which had been addressed to Daishowa
Vice President Tom Hamaoka -- who did attend the March 8th meeting
and obviously referred the letter to Mr. Morrison for reply -- it
can be safely assumed that Mr. Morrison is lying for and on the
instruction of Vice President Hamaoka.
The March 8, 1988, agreement between Daishowa and the Lubicon
people was negotiated in the context of nation-wide protests over
a February 8, 1988, announcement that the Alberta Provincial
Government had sold Daishowa the trees from an immense, 29,000 sq.
mile area which completely blankets the unceded Lubicon territory.
The trees from this huge area are intended to feed a massive,
environmentally questionable bleached kraft pulp mill which
Daishowa was proposing to build just outside of the traditional
Lubicon territory with millions of dollars in Federal and
Provincial Government subsidy money.
Daishowa responded to these nation-wide protests by threatening to
cancel construction of the new pulp mill. Shortly thereafter
Alberta Premier Getty contacted Chief Ominayak for the first time
and offered to become personally involved in achieving a settlement
of Lubicon land rights.
Provincial Government officials then reassured officials of
Daishowa by telling them Premier Getty was now personally involved
and that a settlement of Lubicon land rights would be achieved well
before the fall of 1989 when Daishowa was scheduled to actually
start logging the unceded Lubicon territory. Given these
Provincial Government assurances, officials of Daishowa contacted
Chief Ominayak and negotiated the March 8, 1988, agreement.
In retrospect it's likely that officials of Daishowa really
believed at this point that Lubicon land rights would be settled
before they planned to log unceded Lubicon territory, and that
therefore all they had to do was quiet the raging storm by
basically making whatever kind of agreement they had to with the
Lubicons -- like in the old treaty-making days when treaty
commissioners admitted that they were prepared to promise the
Indians almost anything in order to avoid a confrontation before
Canadian Government military forces were sufficiently strong to
suppress any possible resistance.
Part 2 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
That anybody would take seriously Daishowa's claim that the
Lubicons would call off nation-wide protests merely for an
"explanation" of the Forest Management Agreement whereby the
Alberta Provincial Government was selling Lubicon trees to Daishowa
simply defies belief.
Lubicon land rights of course weren't settled by the fall of 1989
and by then didn't seem likely to be settled in the foreseeable
future. Officials of Daishowa consequently grew increasingly
restive and started making a number of moves clearly intended to
circumvent the March 8, 1988, Lubicon agreement.
On September 14, 1989 -- some 18 months after negotiation of the
March 8th agreement and without benefit of any further discussions
between Daishowa and the Lubicon people -- a 20 year Forest
Management Agreement was signed between Daishowa and the Alberta
Provincial Government. The Forest Management Agreement negotiated
between Daishowa and the Provincial Government provides for
"stumpage fees" to be paid to the Provincial Government of 28 cents
per cubic metre for hardwood and 2 dollars per cubic metre for
softwood. At those rates it's been calculated that a stand of 16
aspen trees 16 metres (52 ft.) tall is worth about $1.40 to the
Provincial Government; converted to bleached kraft pulp by the
Daishowa mill it's worth about $950; refined from pulp to paper,
undoubtedly also by Daishowa, it's worth between $1,300 and $2,000.
On August 17, 1990, an Alberta Forestry Ranger named Ralph Woods
hand-delivered a document to Chief Ominayak entitled "Proposed
Timber Harvesting Activities 1990/91". The document showed that
the Alberta Provincial Government had granted 5 huge timber leases
in the unceded Lubicon territory to four different logging
companies. All five of these timber licences were described in the
document as "Timber Harvesting for Mill Facility". One of these
huge timber licences is literally located across the road from the
proposed 95 square mile Lubicon reserve.
The timber licence located across the road from the proposed
Lubicon reserve had been granted to a company called Boucher
Brothers. Regarding the timber licence granted to Boucher
Brothers, the "Proposed Timber Harvesting Activities" document
says:
"Boucher Brothers Lumber is planning on harvesting coniferous
timber in S10 based on an agreement with Daishowa". Boucher
will be obtaining coniferous logs to maintain its Nampa
sawmill facility and Daishowa will be supplied residual
coniferous chips from sawn timber (underlining added)."
Chief Ominayak tried to discuss the "Proposed Timber Harvesting
Activities" document with Ranger Woods. Ranger Woods claimed that
he was unable to answer such basic questions as when the proposed
logging would commence and how much timber would be taken.
On August 31, 1990, ex-gossip columnist turned Daishowa PR man
Wayne Crouse publicly confirmed that a Daishowa subsidiary and
three other Daishowa related logging companies "will be logging the
area that is claimed to be the traditional (Lubicon) hunting and
trapping areas this winter". The names of the involved companies,
Mr. Crouse said, are Brewster Construction, Boucher Brothers,
Buchanan Lumber and Bissell Brothers.
Mr. Crouse said that "Brewster Construction, purchased earlier this
year by Daishowa, made plans to log the traditional Lubicon area
two years ago when a land settlement was thought to be imminent".
"Now", he said, "there is no alternative (but) for Daishowa to use
Brewster's logging in the area to provide the mill with needed
fibre (underlining added)".
"Boucher", Mr. Crouse said, "will log in Daishowa's assigned area
in Lubicon-claimed lands by an agreement with Daishowa". "It's
really been a policy to hold off as long as possible from going in
there because we knew there is a dispute", he said, "but in order
to keep Boucher Brothers operating they have to have a wood supply,
and their operation is crucial to our operation (underlining
added)".
"The other two companies (Buchanan and Bissell)", Mr. Crouse said,
will "supply Daishowa with aspen and coniferous wood chips
(underlining added), as well as harvesting spruce and pine for
their own lumber mills".
Mr. Crouse claimed that "Daishowa has maintained good relations
with the Lubicons and the company is optimistic that the Band will
permit the planned logging operations". "Daishowa", he said, "will
advise the Lubicon of any logging activity in advance (underlining
added)".
Chief Ominayak told reporters that there'd been no further
discussions with Daishowa. However, the Chief said, the Lubicon
people have an agreement with Daishowa which he expected Daishowa
as an honourable company to keep. If Daishowa failed to keep that
agreement, the Chief said, the Lubicon people would do whatever was
necessary to stop unauthorized logging in unceded Lubicon lands.
Part 3 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
On September 4, 1990, Daishowa Fibre Supply Superintendent Tom
Hoffman phoned the Lubicon office and asked to arrange a meeting
between Chief Ominayak and Norm Boucher of Boucher Brothers. Mr.
Hoffman asked for the meeting either on September 14th or between
September 17th and September 21st. Chief Ominayak was away on
business but Councillor Steve Noskey took the message and promised
to discuss the matter with the Chief when the Chief returned.
Also on September 4th Provincial Forestry Minister LeRoy
Fjordbotten publicly down-played criticism over the Province
granting these timber licences within the unceded Lubicon
territory. In remarks reminiscent of those which me made when the
new Daishowa mill was first announced, Mr. Fjordbotten claimed that
"The Province took care to exclude (what the Province considered to
be) enough land to accommodate the Band's claim prior to signing
any of its forest management agreements". He admitted that "The
logging zones may fall within the area the Band claims as its
traditional hunting and trapping territory", but, he said, "they're
outside the (government) proposed reserve". Presumably referring
to the brief, uninformative visit of Forest Ranger Woods on August
17th, Mr. Fjordbotten claimed that "The Province has lived up to
its commitment to consult the Lubicons concerning timber harvest
plans".
In mid-September Mr. Crouse told reporters that Daishowa was
"hoping to set up talks with the Lubicons, Alberta Forestry and
logging contractors to discuss the future of logging Lubicon
claimed land". "Even through it is a dispute between the
Government and the Lubicons", he said, "we (Daishowa) are still
concerned because we are impacted by that". "To get all involved
parties in a meeting", he said, "is not an easy task".
Mr. Crouse again confirmed that "The companies will be logging in
the area that is claimed to be the traditional (Lubicon) hunting
and trapping area this winter". He said "The Lubicon land is
probably seven or eight times the size of the proposed reserve".
He said "We thought the land problem was solved last year, but it
wasn't and that left a lot of people in the dark (underlining
added)".
Mr. Crouse said "There won't be any logging until we sit down and
talk about the disputed land". He said "We know it is a very
sensitive issue".
On September 20, 1990, Chief Ominayak received a phone call from a
man named Doug Adikat representing Brewster Construction and asking
for a meeting. A meeting with Brewster Construction was agreed for
September 24th at 1 P.M.
Following the call from Mr. Adikat, Chief Ominayak spoke with
Daishowa Fibre Supply Superintendent Tom Hoffman. Mr. Hoffman
asked for a meeting with the Chief "on behalf of Boucher Brothers".
A meeting with Boucher Brothers was agreed for September 24th at 3
P.M.
On September 22, 1990, Daishowa Vice President Tom Hamaoka told
reporters that "aboriginal land claims is something that we're
going to have to face". Regarding the Lubicon situation, he said,
"Daishowa Canada is...making its preparations based on the fact
that the Lubicon land settlement with both levels of (Canadian)
Government will be settled by the time we go in and log
(underlining added)".
The new Daishowa pulp mill was also officially opened on September
22nd. Fourteen aircraft including a Boeing 737, a Convair and
three Learjets ferried over 1,400 invited quests from Edmonton and
Vancouver to Peace River for the event. Assorted dignitaries
included 22 members of the controlling Saito family, senior
officials from a dozen Japanese banks, one Canadian Member of
Parliament, a couple of Provincial Cabinet Ministers and the Mayor
of Peace River.
Dispensing with the western tradition of ribbon-cutting, Daishowa
officials inaugurated the new mill by smashing open two barrels of
sake. PR man Wayne Crouse explained to the media that the smashing
open of barrels of sake "symbolized a new beginning and awakening"
-- phraseology strangely reminiscent of "rising sun" rhetoric in
the 1930's and early 1940's.
Under tight security and against a back-drop of complaints about
local critics of the Daishowa pulp mill being squeezed out of the
town of Peace River, about the stench being created by the new mill
and about the 20 tons of suspended solids which the new mill will
be dumping daily into the scenic Peace River, a parade of Canadian
politicians praised the Japanese-speaking owners of Daishowa with
a smattering of simple Japanese phrases and sentences. Peace River
Mayor Mike Proctor outdid himself by stumbling through half of his
speech in Japanese.
Mr. Crouse dismissed mill critics as "mostly outsiders, like Jim
Darwinish and Friends of the North". Mr. Darwinish later replied
that he'd been born and raised in Alberta, unlike the 22 members of
the Saito family who'd flown into Peace River for the occasion on
chartered jets and then returned to Japan, where, he pointed out,
it would be illegal for them to build such a bleached kraft pulp
mill.
Part 4 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Provincial Forestry Minister Fjordbotten praised Daishowa for
"building flexibility into its woodland plan to try and accommodate
Indian land claims". He told reporters that "Daishowa, Forestry
(Department) officials and Chief Ominayak will meet during the
coming week in an effort to reach an agreement on issues raised by
the companies logging plans".
Mr. Fjordbotten then waxed uncharacteristically poetic. He said
"One of the things that pleased me most was when I learned
Daishowa's philosophy: A flower grows and a petal falls and
fertilizes the ground so that another flower will grow". A less
poetic version of the same sentiment was offered a couple of years
earlier by an official of the neighbouring Proctor and Gamble pulp
mill in Grande Prairie, Alberta, who said "We knock 'em all down".
"Anything over four inches in diameter has commercial value".
"Anything under four inches we leave on the ground to rot".
Brewster President Lyman Brewster commenced the September 24th
meeting with the Lubicon people by reading a semi-literate letter
which he's addressed to "Chief Omieniak (sic) & fellow members of
your council". The text of that letter, complete with grammatical,
punctuation and spelling errors reads as follows:
"We have requested this meeting with you and your
council, basically to make you aware of our position
for the winter of 1990 & 91 logging season.
"We plan to log the P5 & S15 licenced areas, of which you are
all aware of their specific locations. In doing so, the entry
to S15 will be done from Highway 88 directly east of the
licence, it is approximately 6 miles off Highway 88. What we
are planning for the P5 licence is to have early access
past Haig Lake and up the Bison Lake Road (bisecting the
traditional Lubicon territory), this is merely for early
entry, there will be no logs hauled out this way.
"Due to the circumstances between various Government
Departments, both Federal & Provincial and your particular
native group, we would like to point out the following. First
we want no part of the problems involved, that is strictly
between your group and the Government. Secondly, we know you
are aware of the fact that the Alberta Forestry Service has
approved our licence and given us the go ahead to cut timber
in the two specified areas mentioned. We as a subsiduary of
Daishowa have no alternative but to cut timber in the
designated areas in order to keep our mill in operation.
"Due to the circumstances which exist between the Government
and the native people, we further want to express the fact
that we want no part of that problem. But, we felt that we
owed you the courtesy of making you aware of our winter
operations.
"While Brewster Construction is a subsiduary of Daishowa, we
have a obligation to run an efficient operation or be closed
down. This would be to one's advantage, as you are aware the
timber is overmature & rotting on the stump and should be
harvested. Regardless of the outcome of your settlement, it
would still be harvested, but under no circumstances do we
feel that we are interfering with either the Government or the
Native people by carrying out work. Your consideration of
these facts would be appreciated because as I have pointed
out, we have no alternative but to log in the specified Areas
as previously mentioned for this winter."
Chief Ominayak responded to the reading of the Brewster letter by
advising Messrs. Brewster and Adikat that the Lubicon people had no
intention of allowing the logging of Lubicon trees until there'd
been a settlement of Lubicon land rights and an agreement
negotiated with the Lubicon people regarding Lubicon wildlife
management and environmental concerns. He told them that they
should be putting pressure on the Canadian Government to settle
Lubicon land rights rather than pressuring the Lubicon people to
allow the continued unauthorized exploitation of unceded Lubicon
resources.
Mr. Brewster then proposed that stumpage fees which would
ordinarily go to the Alberta Provincial Government be instead put
into a trust account pending settlement of Lubicon land rights. He
said that putting stumpage fees into a trust account would put
pressure on the Government to settle.
Chief Ominayak suggested that Mr. Brewster put his trust account
proposal in writing but reiterated that the Lubicon people had no
intention of allowing logging of Lubicon trees until there'd been
a settlement of Lubicon land rights and an agreement negotiated
with the Lubicon people regarding Lubicon wildlife management and
environmental concerns.
Part 5 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Brewster representative Doug Adikat said "We can put together a
proposal and let the (Provincial) Government know what we're
doing".
Mr. Brewster made clear that he wasn't about to put anything in
writing to the Provincial Government. He said that he thought "it
would be better if a letter came from the Band". He proposed that
the Band "write the Provincial Government a letter saying that you
sold our resources and suggesting that stumpage fees be put in a
trust account until the land question is settled".
Obviously not getting the positive response to his proposal that
he'd hoped for from Indian Chief Ominayak, Mr. Brewster turned to
white Lubicon advisor Fred Lennarson. He asked if Mr. Lennarson
understood his proposal.
Mr. Lennarson told Mr. Brewster that the problem with Mr.
Brewster's proposal was not one of understanding but of substance.
First, Mr. Lennarson said, stumpage fees are nominal -- only a
couple of bucks per cubic metre for softwood and 28 cents per cubic
metre for hardwood. At those rates, Mr. Lennarson said, it had
been calculated that a 60 ft. aspen tree was worth only about 18
cents and a 40 ft. spruce tree was worth only about 60 cents.
Consequently, Mr. Lennarson said, the amount of money which would
be deposited in the proposed trust account would be a pittance --
clearly not enough to make any difference to either the Lubicons or
the Province.
Second, Mr. Lennarson said, experience made clear that once Lubicon
trees were cut and gone there'd be bloody little hope that the
Lubicon people would ever be properly compensated for the loss. He
said that there'd be no hope with regard to preserving even the
remnants of a traditional way of life. He said that there'd be no
hope with regard to achieving respect for Lubicon wildlife
management and environmental concerns. And, he said, the Lubicons
would have lost what little leverage they retained with regard to
negotiating a settlement of Lubicon land rights.
Mr. Lennarson said that experience with oil companies in the
unceded Lubicon territory made clear that the Lubicon people should
never have allowed resource companies to come into the area and
extract billions of dollars worth of resources, in the process
destroying the traditional Lubicon economy and way of life, while
the Lubicons talked, negotiated, litigated and considered
supposedly sincere remedial proposals from both levels of Canadian
Government. Moreover, he said, experience from across the country
and throughout Canadian history made clear that there's almost no
chance for aboriginal people in Canada to ever regain anything once
it's lost to the dominant, non-aboriginal Canadian society.
Following Mr. Lennarson's remarks an unsettled Mr. Adikat and a
clearly disgruntled Mr. Brewster left the Lubicon office and
caucused with their colleagues from Daishowa and Boucher Brothers
who were waiting outside the Lubicon office for their scheduled 3
P.M. meeting with Lubicon leadership. Shortly thereafter
representatives of Daishowa and Boucher Brothers came into the
Lubicon office and the second meeting began.
During the second meeting Daishowa was represented by Fibre
Superintendent Tom Hoffman, Wood Resources Manager Wayne Thorp and
Human Resources Manager Stu Dornbierer. Boucher Brothers was
represented by Norm and John Boucher.
Chief Ominayak asked the Daishowa representatives about reports
that aboriginal people were being told that they couldn't hunt on
Daishowa logging leases.
Mr. Thorp said that Daishowa had nothing to do with telling
aboriginal people that they couldn't hunt on Daishowa logging
leases. He said that the Provincial Government had declared an
area 400 metres on either side of a particular logging road to be
"a wildlife sanctuary".
An incredulous Chief Ominayak asked "What happens to the wildlife
sanctuary when the area is logged out?"
A straight-faced Mr. Thorp told the Chief that "The area is being
protected from hunting, not from logging".
Norm Boucher said "We're here to show you people where we will log
this winter". He said "We have a map", which he then unrolled and
presented. The map indicated a large area located at the northeast
corner of Lubicon Lake immediately across the boundary from the
proposed Lubicon reserve -- the same area which Daishowa will
likely be trying to log again this coming winter.
Chief Ominayak asked "Who speaks for Daishowa?"
Mr. Thorp said "Me and Tom (Hoffman) speak on behalf of wood
management".
Part 6 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Chief Ominayak asked "What about our agreement with Daishowa that
there'd be no logging in the Lubicon area until Lubicon land rights
had been settled and a logging agreement (regarding Lubicon
wildlife management and environmental concerns) worked out with the
Lubicon people?"
Mr. Thorp said "Daishowa is respecting that agreement". He said
"Daishowa is not logging in the Lubicon area (underlining added)".
Chief Ominayak pointed out to Mr. Thorp that Brewster is a wholly-
owned subsidiary of Daishowa and the three other involved companies
are Daishowa sub-contractors.
Mr. Thorp acknowledged that Brewster is owned by Daishowa and that
the other three involved companies are Daishowa sub-contractors.
Norm Boucher told Chief Ominayak "A lot of people in Nampa depend
on logging for a livelihood". He asked the Chief "What are these
people going to do if they can't log?"
Chief Ominayak told Norm Boucher "A lot of people depend on
stealing Lubicon resources". "However", the Chief said, "we have
an agreement with the supposedly honourable Daishowa company which
Daishowa is apparently trying to break".
Chief Ominayak said "The Lubicon people have made our position
clear". He said "I don't see how it's going to be possible for us
to allow any more of our resources to be taken from our lands until
there's a settlement of our land rights".
Chief Ominayak said "You shouldn't see the Lubicon people as the
obstacle". He said "The pressure should be put on the (Canadian)
Federal Government to settle". He said "The Lubicons have made
every possible effort to achieve a settlement".
Norm Boucher said "I don't know how much more we can do".
Chief Ominayak said "You can remind your (Daishowa) bosses of our
agreement".
Stu Dornbierer repeated "Daishowa has no intention of breaking the
agreement". "However", he said, "a distinction has to be made
between Daishowa and these logging companies (underlining added)".
Chief Ominayak told Mr. Dornbierer that the artificial, legalistic
distinction between Daishowa and Daishowa subsidiaries and sub-
contractors was irrelevant. He said "The companies are either
owned by Daishowa or are Daishowa sub-contractors". He said "The
companies are operating in the Daishowa FMU (Forest Management
Unit) pursuant to agreements with Daishowa". "Consequently", the
Chief said, "the Lubicon people will consider any logging done by
these companies on Lubicon land to be a breach of the Lubicon
agreement with Daishowa".
Mr. Dornbierer asked "What about the Federal (take-it-or-leave-it)
offer?"
Mr. Lennarson said that the so-called Federal offer wasn't a
serious offer but only the calculated back-drop for a Federal
Government anti-Lubicon propaganda campaign. As people familiar
with the wording of formal agreements, he said, representatives of
Daishowa should take a look at the Federal Government's so-called
"take-it-or-leave-it" offer and judge for themselves whether it was
anything they'd be prepared to sign.
Mr. Dornbierer said that he'd like very much to see a copy of the
Federal Government's so-called "take-it-or-leave-it" offer, which
Mr. Lennarson then shared with him. After reviewing the Federal
Government's so-called offer Mr. Dornbierer said "I can appreciate
the frustration felt by the Lubicon people". He said "I hope this
matter can be settled soon and we won't face confrontation
(underlining added)".
Chief Ominayak told the Daishowa representatives "We won't face
confrontation if Daishowa honours our agreement".
Part 7 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
A couple of days later, on September 27th, Brewster representative
Adikat announced that wholly-owned Daishowa subsidiary Brewster
Construction would be consulting with Provincial officials and
seeking police protection for their planned logging operations in
the unceded Lubicon territory. He said that he didn't think that
there was "much chance the Lubicon people will have a change of
heart and allow logging on lands they claim as traditional
territory".
Mr. Adikat said "We are still going to go ahead because (the
Lubicon people) don't have a settlement or a land base". He said
that Brewster, as a recently purchased subsidiary of Daishowa,
didn't consider itself bound by the agreement between Daishowa and
the Lubicon.
Responding to reporters' questions, Mr. Crouse said "The company
policy right now is we are not going to directly log in that area
but that still leaves the problem of the contract people". He said
"If (the contract people) have no wood, they have no business, and
it becomes a problem for us down the line in the chip supply
(underlining added).
Chief Ominayak responded that the Lubicon didn't intend to allow
Daishowa to get away with breaching the agreement by working
through subsidiary companies and sub-contractors. "At the very
least", the Chief said, "an attempt is being made to break the
agreement".
The Chief said that the Lubicon people would block any unauthorized
efforts to log in unceded Lubicon territory. He said "We've stated
very clearly that we have no intention of allowing anybody to steal
any more of our resources".
Referring to Mr. Brewster's September 24th letter stating that
Brewster had "no alternative but to log in specified areas", Mr.
Adikat said that Brewster Construction would be forced out of
business and 60 people lose their jobs if it couldn't log in the
unceded Lubicon territory during the winter of 1990-91.
Chief Ominayak responded "We have a whole community that has been
affected (by development activity) and forced onto welfare".
Contacted by reporters John Boucher of Boucher Brothers announced
that his company would not be logging in the unceded Lubicon
territory during the winter of 1990-91. He said that his company
had been unaware of the 1988 agreement not to log the unceded
Lubicon territory until advised of the matter by Chief Ominayak
during the September 24th meeting.
On October 6th Norm Boucher of Boucher Brothers said that he'd been
told by Daishowa Vice President Tom Hamaoka that planned logging
operations in the unceded Lubicon territory "will be dropped in
order to avoid a confrontation with the Lubicons". Mr. Boucher
said that he agreed with the decision. He said "It's just not
right to bulldoze people".
John Boucher said that he and Norm Boucher understood that
Daishowa's decision not to log in the unceded Lubicon territory
during the winter of 1990-91 would apply to Brewster and other
Daishowa sub-contractors. However, John Boucher said, the decision
"is good for this logging season only". He said "I guess next year
(1991-92) we will have to go there (underlining added)".
Asked how badly Brewster Construction needed to log Lubicon lands,
Lyman Brewster said "It's not necessary enough to go in there and
get into trouble".
Mr. Crouse told reporters "We had plans to log in the disputed
area, but no harvesting (will) take place without the concurrence
of the Lubicon Band (underlining added)". He said "We have since
met with the Lubicons and have been informed that the Band objects
to any logging in the disputed territory". He said "Daishowa is
now attempting to put together alternative plans".
Mr. Hamaoka was less firm about Daishowa plans. He told reporters
that honouring the agreement was only one option being considered
by the endlessly inventive Daishowa. "There were a lot of
alternatives discussed", he said, "that was one of them". He said
"I wouldn't read anything more into it than what I have said
because it could go either way".
Part 8 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Alberta Forest Service Deputy Minister Ken Higginbotham said that
a possible decision to "abort" logging plans in the unceded Lubicon
territory would not be made before (October 9th)". He said "We are
looking at all the alternatives here, including alternative areas".
He said that part of the problem was "securing alternate logging
areas to carry Boucher Brothers and Brewster through the winter".
Mr. Higginbotham admitted "This is not strictly a Forestry matter".
He said "the decision (to abort logging plans in the unceded
Lubicon territory) will require some political sanction". He said
that a decision to abort logging plans in the unceded Lubicon
territory would have to be "politically approved by Forestry
Minister LeRoy Fjordbotten and Premier Don Getty".
On October 9th Provincial Forestry Minister Fjordbotten announced
that "There will be no new forestry deals to compensate Daishowa
Canada for delaying a timber harvest in land claimed by the Lubicon
Band". Mr. Fjordbotten expressed "sympathy" for Daishowa saying
that it had every right to expect settlement of Lubicon land rights
by now".
Mr. Fjordbotten said "I'm pleased that they're trying their best to
be helpful and as accommodating as they can, but I think it's
unfortunate for the company that they have to do that". He said
"Of course Daishowa wants to make sure they don't get involved in
a big issue over this and so they're trying to make other
arrangements until this is resolved".
On October 10, 1990, Daishowa PR man Wayne Crouse said "We are not
logging in that disputed territory, nor are any sub-contractors or
our subsidiary". However, he said, "Before coming to a final
announcement, we want to sit down with Chief Bernard Ominayak".
"The meeting will occur", he said, "as soon as Daishowa Vice
President Tom Hamaoka can arrange it".
On October 17th Lubicon advisor Lennarson received a phone call
from a reporter checking on reports that "Bissell (Brothers) and
Buchanan (Lumber) were being forced by the Provincial Government to
provide wood to Daishowa, and that Daishowa was being required by
the Province to accept that wood".
The reporter told Mr. Lennarson that Bissell and Buchanan "are not
considered Daishowa sub-contractors in that they'd normally be
harvesting the spruce and leaving the aspen to rot on the ground".
"However", the reporter said, "they'd both been given timber leases
by the Province which requires them to stack the aspen for pick-up
by Daishowa", and, the reporter said, "Daishowa is being required
by the Province to pick-up that stacked wood".
Mr. Lennarson told the reporter that he didn't believe Daishowa was
being "forced" to do anything by the Province. He pointed out that
the Alberta Provincial Government didn't exactly have a reputation
for being tough on large, powerful resource exploitation companies.
He speculated that blaming the Province was more likely just
another ploy to try and circumvent the agreement with the Lubicons.
Buchanan Lumber commenced logging operations on unceded Lubicon
lands at the end of October 1990. Shortly thereafter employees of
Brewster were caught bulldozing logging roads literally on Chief
Ominayak's personal trapline.
On November 8, 1990, Lubicon Chief Ominayak issued a statement
indicating that any unauthorized resource exploitation project
operating in unceded Lubicon territory would "be subject to removal
at any time without further notice".
Alberta Provincial Attorney General Ken Rostad responded to the
Lubicon statement by incorrectly describing the jurisdictional
dispute between the Lubicons and Canadian Government as a dispute
between the Lubicons and logging companies, by threatening that the
Lubicons would "be making a foolish mistake" if they didn't knuckle
under to imposition of Provincial Government jurisdiction and laws
over unceded Lubicon lands, and by repeating the long-since
discredited claim that Chief Ominayak agreed at Grimshaw that the
Lubicon people would respect Provincial Government laws.
Part 9 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
On November 19th Lyman Brewster publicly denied Lubicon charges
that his employees had tried to sneak into the unceded Lubicon
territory after his earlier public assurances that Brewster
Construction would not be logging in the unceded Lubicon territory
this year. Rather what happened, Mr. Brewster claimed, is that
"The Lubicons ran into one of our people who was in the (Lubicon)
area on his own for some unknown reason".
Mr. Brewster's claims were then publicly contradicted by Daishowa
General Manager of the Edmonton Corporate Office James Morrison,
who advised the media that "Brewster will commence logging
operations tomorrow (in the disputed area). Mr. Morrison claimed
that Brewster's logging of unceded Lubicon lands didn't contravene
the Lubicon agreement with Daishowa because, Mr. Morrison claimed,
Daishowa's agreement with the Lubicons supposedly provided that
Daishowa would stay out of the unceded Lubicon territory only until
the Lubicon concluded the Grimshaw Agreement with the Alberta
Government in October of 1988. (The agreement between Daishowa and
the Lubicons was negotiated in March of 1988, at a time when nobody
could have possibly predicted the Grimshaw Agreement. Further, all
the Grimshaw Agreement really provides is that the Province won't
refuse a request from the Federal Government to transfer 95 sq.
miles of traditional Lubicon territory for purposes of creating a
Lubicon reserve, as only one part of an overall Lubicon settlement
agreement -- which in fact still doesn't exist.)
Lubicon notice regarding continued exploitation of unceded Lubicon
resources was therefore being effectively ignored by Daishowa,
Daishowa subsidiary Brewster Construction and Daishowa sub-
contractor Buchanan Lumber -- all three of which were at this point
claiming that they were being forced to proceed in the unceded
Lubicon territory by the requirements of Provincial Government
licences and leases. The Provincial Government's position was
purely and simply that it was prepared to use force if necessary to
sustain its questionable sale of Lubicon trees to a Japanese
forestry company.
The evening of November 24th a lightening surprise raid was made on
a logging camp operating in unceded Lubicon territory without
Lubicon authorization. The logging camp was owned by Daishowa sub-
contractor Buchanan Lumber. Logging equipment belonging to two
Buchanan sub-contractors was destroyed. The value of the destroyed
equipment has been estimated variously at between $20,000 and
$50,000.
Mr. Morrison responded to the Buchanan raid by overtly denying for
the first time that there'd ever been an agreement between Daishowa
and the Lubicons. He claimed "There was no agreement made between
Daishowa and the Lubicons in 1988". He claimed "What happened at
that (March 8, 1988) meeting (between Daishowa and the Lubicons)
was a discussion on the negotiations going on at that time between
the Lubicons and the Province". (There were of course no
negotiations "going on at that time between the Lubicons and the
Province" -- only one meeting between the Chief and the Premier
during which the Premier agreed to support bilateral negotiations
between the Lubicons and the Federal Government.)
Contradicting his false assertion that "There was no agreement made
between Daishowa and the Lubicons in 1988", Mr. Morrison then went
on to falsely claim "What was decided was that there'd be no
logging in new areas". He said "Daishowa has not violated that
agreement (not to log in so-called new areas)". He claimed falsely
that "The Lubicons told Daishowa that Daishowa could continue to
log in traditional logging areas". And he claimed "That's what
Buchanan and Brewster have been doing".
On November 26, 1990, Daishowa announced that it was "instructing"
Brewster Construction to continue logging unceded Lubicon lands
despite the Buchanan raid. This was the first public admission by
Daishowa that it was in any way involved in the operations of its
wholly-owned subsidiary. Always before Daishowa had tried to
maintain the pretence that Brewster was somehow independent and
therefore not covered by the agreement between Daishowa and the
Lubicons.
Allan Wahlstrom, General Manager of Woodlands and Lumber Operations
for Daishowa, said "We're certainly concerned (about destruction of
the logging camp) but we did avoid what we felt were the majority
of sensitive areas of the Lubicon". One of the two sites being
logged involved the personal trapline of Lubicon Chief Ominayak.
One can only wonder what Lubicon areas are considered particularly
sensitive by Daishowa -- presumably areas which are either
inaccessible or don't contain desirable timber.
Part 10 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Given this history, and the wording of Mr. Morrison's April 12,
1991, letter to the Task Force on the Churches and Corporate
Responsibility, there can be little doubt that Daishowa now intends
a major logging operation in the unceded Lubicon territory this
fall -- likely right across the road from the proposed Lubicon
reserve. If Daishowa cannot be decisively stopped, the result may
well be a fatal blow to the collective psyche of the already badly
battered and profoundly damaged Lubicon society.
Alternatively, if Daishowa can be stopped, a powerful message will
be sent to both resource exploitation companies and to Canadian
Government. The message sent to the resource exploitation
companies would be that they can no longer simply rely on
sweetheart deals with unprincipled Canadian politicians to gain
cheap and nearly unrestricted access to Canadian resources. And
the message sent to Canadian politicians, at least partly by
concerned resource exploitation companies, would be that aboriginal
land rights have to be satisfactorily settled for Canadian nation-
building to proceed.
The key issue is thus not whether there is an agreement between
Daishowa and the Lubicon people, although there is definitely an
important issue of honour and veracity involved, but rather one of
keeping resource exploitation companies the hell out of unceded
aboriginal territory until aboriginal land rights have been
satisfactorily settled. If this simple principle cannot somehow be
enforced, aboriginal societies in Canada will continue being
systematically and irretrievably destroyed while Canadian society
as a whole only pays ineffectual lip service -- however politically
and constitutionally highfalutin -- to the civil and human rights
of Canada's aboriginal people.
It would be helpful if people would let Daishowa know as forcefully
as possible that the negative reaction it received when
construction of the new mill was first announced was mild indeed
compared to what it can expect if it tries to cut down Lubicon
trees before Lubicon land rights are settled and an agreement
negotiated with the Lubicon people respecting Lubicon wildlife
management and environmental concerns. In this regard thought
should also be given to possible action to give substance to this
message should it be ignored, as it almost certainly will be unless
Daishowa is given real reason to take it seriously.
People should also be thinking about taking such action in their
own name and on their own behalf, since it's not at all clear that
the Lubicon people are up to once again leading the charge.
Hopefully this courageous little society will be able to mount at
least one last effort in its own defense, but, after ten years of
nearly non-stop assault by both levels of Canadian Government and
countless major resource exploitation companies -- many of which
have more power than most nation states -- the Lubicon people may
simply be unable to once again pick themselves for that one last
effort. And, if people wait for Lubicon action to support, what we
may well witness instead is Daishowa effectively administering the
coup de grace to Lubicon society.
Don't dignify Mr. Morrison by dealing with him and don't let Mr.
Hamaoka get away with using him as a shield. Insist on
communicating directly with Mr. Hamaoka as the one responsible for
Daishowa's actions in Canada. Send noted copies of your Hamaoka
correspondence to Daishowa Chairman Takashi Saito in Tokyo. Send
communications directly to Mr. Saito in Japan. Write Prime
Minister Mulroney, Alberta Premier Don Getty, the leaders of
opposition political parties, relevant Federal and Provincial
Government critics and your Member of Parliament. Send the
opposition members copies of what you sent to others and send
copies of everything you do to the Edmonton Lubicon office. Write
letters to the editors of newspapers. Call and express your views
on talk shows. Convince Daishowa that there's going to be hell to
pay if they try to go into the unceded Lubicon territory this fall.
And convince Canadian politicians that people are not being
deceived by the endless barrage of offensive, transparent
propaganda and will simply accept no less than the kind of remedial
action which everybody knows will be required for Canadians to once
again feel proud about themselves and their country.
A copy of the Task Forces response to Mr. Morrison' April 12th
letter is attached.
Part 11 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
Mailing addresses for Mr. Saito, Mr. Hamaoka, Mr. Mulroney, Mr.
Getty and the leaders of opposition political parties are as
follows:
Mr. Takashi Saito
Chairman
Daishowa Paper Manufacturing Co. Ltd.
Asahi Tokai Building
6-1, Ohte-machi 2-chome
Chiyoda-ku, Tokyo 100, Japan
Mr. Tom Hamaoka,
Vice-President
Daishowa Canada Company, Ltd.
3500 Park Place, 666 Burrard Street
Vancouver, B.C. V6C 2X8
FAX: 604-689-2853
The Hon. Brian Mulroney
Prime Minister
Government of Canada
Ottawa/Hull, Canada K1A OA6
FAX: 613-957-5632
The Hon. J. Chretien
Leader, Official Opposition
House of Commons
Ottawa/Hull, Canada K1A OA6
FAX: 613-995-5980
The Hon. A. McLaughlin
Leader, New Democrat Party
House of Commons
Ottawa/Hull, Canada
FAX: 613-995-6803
Ms. Ethel Blondin, M.P.
Liberal Aboriginal Affairs Critic
Room 255, West Block
House of Commons
Ottawa, CANADA K1A OA6
FAX: 613-992-7411
Mr. Robert Skelly, M.P.
NDP Aboriginal Affairs Critic
House of Commons
Ottawa, CANADA K1A OA6
FAX: 613-995-8880
Mr. Paul Martin
Liberal Environment Critic
House of Commons
Ottawa, CANADA K1A OA6
Mr. Jim Fulton
NDP Environment Critic
House of Commons
Ottawa, CANADA K1A OA6
FAX: 613-995-8880
The Hon. Don Getty
Premier, Government of Alberta
Legislative Buildings
Edmonton, AB
FAX: 403-427-1349
The Hon. R. Martin
Leader of the Official Opposition
Legislative Buildings
Edmonton, Alberta
FAX: 403-422-0985
The Hon. L. Decore
Alberta Liberal Party
Legislative Buildings
Edmonton, Alberta
FAX: 403-427-3697
Mr. B. Hawkesworth, MLA
NDP Native Affairs Critic
Room 303, Legislative Annex
Legislature Buildings
Edmonton, Alberta
FAX: 403-422-0985
Mr. Nick Taylor
Liberal Native Affairs Critic
Legislative Buildings
Edmonton, Alberta
FAX: 403-427-3697
Mr. John McInnis
NDP Environment Critic
Room 303, Legislative Annex
Legislature Buildings
Edmonton, Alberta
FAX: 403-422-0985
Mr. Grant Mitchell
Liberal Environment Critic
Legislative Buildings
Edmonton, Alberta
FAX: 403-427-3697
Part 12 of 12
Lubicon Indian Nation mail-out on Daishowa, July 11, 1991
ATTACHMENT TO July 11, 1991, DAISHOWA MAIL-OUT
June 18, 1991, letter from the Taskforce on the Churches and
Corporate Responsibility to Thomas Hamaoka, Vice President &
General Manager, Daishowa Canada
Dear Mr. Hamaoka:
The Taskforce on the Churches and Responsibility is writing to you
once more with regard to Daishowa's Alberta forest management
operations and the aboriginal land rights of the Lubicon Lake Band.
While we note the points raised by Mr. James P. Morrison in his
reply to our letter to you of March 4, 1991, your company's
insistence on the right to harvest timber on the traditional
homeland of the Lubicon Lake Indian Band is in direct contradiction
to the policies of the Canadian churches which are members of the
Taskforce.
The Canadian churches have for many years urged that no new major
industrial development should be initiated on unsurrendered land
until native land claims are justly settled or terms governing that
development are negotiated satisfactorily with the native people
concerned.
In Daishowa's previous correspondence with the Taskforce, the
company has made the case that it is not directly involved in the
Lubicon Lake Indian Band's dispute over its aboriginal rights.
Contrary to your assertion, it is our belief that by accepting
timber rights offered to you by the Government of Alberta on land
under clouded title and then proceeding with timber harvesting
operations on that land, you become a party to the dispute and must
accept the obligation to conform to principles of justice.
Because this matter is so urgent to the well being of the Lubicon,
we are copying this letter to relevant political leaders and making
it public. We believe that a just settlement of the outstanding
land claims is in the best interests of Daishowa as well as the
Lubicon Lake Band. Responsibility for the consequences of this
action rest not on the Lubicon Lake Band but with the company and
the federal and provincial governments.
We urge you to put the common good ahead of short term profit and
not to confuse what is legal with what is moral. In your January
8th letter you indicated that you would "continue to encourage the
two sides to negotiate a fair and reasonable settlement." Could we
have your assurance that you will continue to press for such a
settlement and in the meantime you will not pre-empt negotiations
through logging activities within the traditional Lubicon territory
which would jeopardize the very survival of the band?
Sincerely,
W.R. Davis
Co-ordinator
--- FD 1.99c
* Origin: Lubicon News Station: Edmonton, Alberta Canada (89:701/432)
-- Terri Kelly via oneb.wimsey.bc.ca!onebdos Terri.Kelly@f432.n701.z89.imex.org