UNDER ATTACK FROM THE MULTINATIONALS:
THE LUBICON DEFEND THEIR LAND
By Ed Bianchi
"We're trying to protect our land and our resources and we
certainly don't consider doing something that conserves the
environment or the land in any way breaking any kind of law."
Lubicon Chief Bernard Ominayak,
Drumfest, Toronto, 1991
In 1988, the United Nations Committee on Human Rights called on
Canada to take immediate steps to ensure no further damage be
done to the Lubicon society until its land claim is settled.
Following the U.N. decision Alberta sold the trees on Lubicon
territory to Daishowa, a Japanese-controlled forestry company.
In 1990 the U.N. Committee concluded 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."
As a result of this decision, every year Canada is reported to
the General Assembly of the United Nations as a violator of human
rights.
In stark contrast to its support of the U.N. and its resolutions
during the Gulf Crisis/War, the government of Canada has chosen
repeatedly to ignore the United Nations with respect to the
Lubicon Cree. In fact, rather than take responsible action in
response to the U.N.'s findings, the Canadian government
practices a campaign of disinformation. Indian Affairs Minister
Tom Siddon has repeatedly made public statements that the U.N.
Committee on Human Rights decided that there was no basis for the
Lubicon charges although this IS NOT what the Committee decided?
BLOCKADES AND DEMONSTRATIONS
Last year's standoff at Oka, Quebec went far towards making
Canadians more aware of how frustrated Native people are with the
duplicity and deceitfulness of the federal and provincial
governments. The armed assault by Quebec police on the
previously peaceful Mohawk blockade led to blockades and
demonstrations by other Native communities across the country.
These spontaneous acts of solidarity provided Native people with
a unique opportunity to expose how government treatment of Native
people is the same from sea to shining sea: how Native concerns
are secondary to corporate and political interests; how
traditional Native economies and lifestyles are considered
dispensable; how there are many "Okas" waiting to happen.
The blockades also generated an unprecedented sense of
understanding and solidarity among many beyond the Native
community. Those struggling for human and civil rights and those
involved with the labour movement recognized that they share
common ground with Native people.
The federal and provincial governments, on the other hand, are
not interested in the concerns of First Nations. The Oka crisis
was a blatant example of the Mulroney government's unwillingness
to ensure a peaceful resolution of a conflict clearly under
federal jurisdiction.
GOVERNMENT DEALS WITH CORPORATIONS
In northern Alberta, the federal government continues to ignore
the negotiation attempts of the Lubicon Lake Cree Indian Nation.
For more than 50 years the Lubicon have tried to negotiate with
the federal government for the reserve promised them in 1939.
Before a road was built into their area by the Alberta government
in 1979, the Lubicon lived in a very isolated, inaccessible part
of the province. They were never contacted by government
officials wen Treaty was made in northern Alberta in 1899. As a
result, the Lubicon claim Aboriginal title to their traditional
lands, which cover 10,000 square kilometres.
Before the road, the Lubicon lived as they always had, as hunters
and trappers, in log cabins with sod roofs. There were no
vehicles, television or newspapers. They had horse-drawn wagons
and dog sleds for transportation. They spoke their traditional
language and lived their traditional way.
The publicly financed roads were built for oil companies,
including Petro Canada, that were intent on drilling under
Lubicon land. The roads were built WHILE the Lubicon were
launching legal action in an attempt to settle their land claim
before development began. Predictably, the federal government
response was evasive at best, devious at worst.
As the government continued to stall and to avoid serious land
claim negotiations, massive oil and gas development was
destroying the Lubicon's self-reliant economy. Thousands of
miles of roads were cut through the bush, scaring away wildlife
and ruining traplines. Moose, once plentiful in the area and the
staple of the Lubicon diet, were deliberately chased from the
area. The continued disruption of their habitat means moose are
now hard to find in the area. By the mid-80's, the annual
community moose kill had dropped from an average of 400 to 19 per
year.
The moose have been replaced by over 400 oil and gas wells which
surround the Lubicon community of Little Buffalo Lake. To date
over $6 billion in oil and gas revenue has been extracted from
Lubicon land. The economically deprived Lubicon community has
not received a single dollar.
The Lubicon believe their traditional economy has been
deliberately destroyed by the governments of Canada and Alberta
as part of a legal strategy. The Canadian courts have ruled that
those asserting Aboriginal land rights have to be able to show
that they continue to pursue a traditional way of life. By
destroying the traditional Lubicon economy, the governments can
argue in court that the Lubicon no longer pursue an Aboriginal
way of life and therefore cannot assert Aboriginal title to the
land.
The fact that the Lubicon people have not been able to defend
their rights in the Canadian courts has not gone unnoticed at the
United Nations. The U.N. Committee on Human Rights concluded
that the Lubicon COULD NOT achieve effective legal redress within
Canada.
Early in their struggle, when construction of the road into their
territory began, the Lubicon tried to file a caveat under the
Alberta provincial Land Titles Act, putting people on notice that
title to the land was contested. Although at the time provincial
law required this be done, the Alberta provincial government
refused to accept and file the caveat. The Lubicon then asked
the Canadian courts to order the provincial government to obey
its own laws. Alberta responded by postponing the case saying it
wanted to wait for the outcome of the Paulette case, a similar
case in Northwest Territories. The Paulette case went against
the Native people, but the judgement read that had Northwest
Territories law been similar to Alberta law, the court would have
decided in favour of the Native people and ordered the government
to file the caveat.
The Alberta government went back to the courts and asked for a
second postponement. Then they REWROTE the legislation and made
it retroactive to before the time the Lubicon had filed the
caveat. The case was then dismissed by the courts because it had
no basis in law. In other words, the Alberta Government CHANGED
THE LAW to achieve its own ends.
$1 MILLION A DAY OIL AND GAS ROYALTIES FOR ALBERTA
After the road was built the Lubicon tried to defend their rights
in the federal court of Canada, since under the Canadian
Constitution, Aboriginal people are the sole responsibility of
the Federal Government. In court, many arguments were made, but
none concerned the rights of the Lubicon. The province, the
federal government and the oil companies argued that the Lubicon
were in the wrong court; they should be in the provincial court.
For 7 YEARS the case continued, without resolution. During all
this, oil and gas development continued unabated.
When the Lubicon, with the help of the Crees of Quebec, tried to
get a provincial court injunction to stop development until their
claim was settled, the oil companies and the province argued that
the case should never be heard because, simply, the province of
Alberta cannot be sued. They argued as well that the oil
companies, including Petro Canada, could not be sued either.
Plus, they argued the case should not be heard because the damage
was not irreparable. The trees would grow back. And, even if
the damages were irreparable (the trees would not grow back?),
the court still should not hear the case because the damages
could be compensated with money. And, even if the damages were
irreparable and could not be compensated with money, the courts
STILL should not hear the case because there was no much at stake
for the rest of Canadian society that the rights of a small
community of Native people should not even be considered by the
Canadian courts. What WAS at stake, for the Alberta government,
was more than $1 million a day in gas and oil royalties. What
was at stake, for the Lubicon, was their society.
As the judge, a former oil company lawyer, considered these
arguments, the development the Lubicon had gone to court to stop
continued unabated. Later in his decision, the judge said no
traditional way of life had been shown.
The Lubicon appealed to the Alberta Court of Appeal which also
refused to grant the injunction because, the court said, if the
Lubicon could ever prove they own the land, they would be given
enough money to enable them to restore the environment.
The Lubicon appealed to the Supreme Court of Canada, which
declined to hear the case without explanation.
LUBICONS SECEDE, DECLARE INDEPENDENCE
In 1987/88, while the Lubicon were still working on their first
legal action, on the question of Aboriginal land rights, a court
case in Newfoundland concluded that the federal government cannot
be sued in a federal court, regarding Aboriginal land rights
within provincial boundaries, even though Aboriginal land rights
are an exclusive federal responsibility. What it meant for the
Lubicon was that their nine year court battle was now irrelevant.
In short, there was no court in Canada where the Lubicon could
defend their Aboriginal land rights.
Cynical about the potential for recognition of their Aboriginal
rights and sovereignty through the courts or negotiations, in
1988 the Lubicon declared themselves a sovereign nation, and
seceded from Canada. Since then they have infuriated federal
representatives by refusing to recognizing Canadian jurisdiction
over their land, their people and their lives.
In October, 1988 the Lubicon blockaded the roads into their area.
They perceived no alterNative.
FEDERAL GOVERNMENT SABOTAGES NEGOTIATIONS
The blockade drew national and international support and led to
the Grimshaw Agreement between Chief Ominayak and Alberta Premier
Getty on how much land Alberta would set aside for the Lubicon
reserve. In November, while in the midst of the election
campaign, Prime Minister Mulroney met with Chief Ominayak and
said he was putting his chief of staff to work on negotiations.
In retrospect, the Lubicon are convinced that Prime Minister
Mulroney had no intention of negotiating sincerely with the
Lubicon people. Two months later the federal government
deliberately sabotaged negotiations, tabling a "take-it-or-leave-
it" offer they knew in advance was unacceptable. The offer
contained absolutely no provision for the Lubicon people to
become economically, socially or politically self-sufficient once
again.
In the fall of 1989, Lubicon Chief Bernard Ominayak told Prime
Minister Mulroney that federally-owned Petro Canada would have to
obtain leases and permits form the Lubicon people, respect
Lubicon wildlife management and protection laws and arrange to
pay royalties to the Lubicon people for gas and oil that has been
taken from their lands, if they intended to continue operations.
Chief Ominayak gave Petro Canada 30 days to comply and indicated
that: "Failure to meet any of these conditions will make
involved projects subject to removal as unauthorized developments
on unceded Lubicon territory."
A month later Petro Canada and Norcen...(which jointly operates
some of Petro Canada's wells) shut down their wells voluntarily
rather than recognize Lubicon jurisdiction. Norcen only re-
opened its wells in November, 1990, almost a year later!
At roughly the half-way mark of 1991, with their traditional
economy in ruins, 90 percent of the community on welfare and
facing an uncertain future, the Lubicon are confronted with yet
another threat to their survival as a distinct society, clear-cut
logging. The environmental effects of oil and gas development on
Lubicon lands have been disastrous to the traditional lifestyle
of the Lubicon. But the combination of oil and gas development
AND clear-cut logging threatens to destroy the Lubicon culture
and land base entirely.
JAPANESE FORESTRY COMPANIES CLEAR-CUT LUBICON TERRITORY
There is something rotten in the forests of Alberta. Quietly,
without public hearings or consultations, and without talking to
the Lubicon, the Alberta government leased an area of Boreal
forest the size of Great Britain to a dozen multinational
corporations. Two Japanese-controlled forestry companies alone,
Daishowa and Mitsubishi, have been granted leases to clear-cut 15
percent of the province.
The Boreal forest region covers 3.3 million square kilometers, or
34 percent of Canada, is part of the largest natural ecological
zone on Earth, and is home to more than 25,000 animal and plant
species. Sixty-five percent of this land has been logged. Most
of the remaining 35 percent has been leased and is slated for
clear cutting.
Daishowa's leases in Alberta cover ALL of the traditional lands
under claim by the Lubicon. The company recently began operation
of a large pulp mill on the Peace River and announced that
logging would soon begin on Lubicon land. This decision broke a
promise Daishowa made to the Lubicon in March, 1988 that logging
would not start until the Lubicon land claim was settled. They
lied.
As of December 1990, local companies under contract to Daishowa,
including Brewster Construction Ltd., a wholly-owned subsidiary,
began clear-cutting on Lubicon lands in an area approximately 120
kilometers north-east of Little Buffalo Lake, an area that
includes Chief Bernard Ominayak's trapline. Meanwhile, Buchanan
Lumber, another Daishowa subsidiary, is cutting trees about 50
kilometers northeast of the community.
When Daishowa first announced its logging plans the Lubicon
warned they would protest. Subsequent media exposure forced the
company to postpone its plans, although the necessary
infrastructure roads and bridges were finished.
OMINAYAK ISSUES EVICTION NOTICE
On November 8, 1990, Chief Ominayak issued another eviction
notice, this time addressed to ALL development interests on the
territory. The companies were unmoved: logging went ahead,
pumps operated as usual. On November 24 a fire set at a logging
camp operating in Lubicon territory caused twenty thousand
dollars in damage to equipment owned by Buchanan Lumber.
Thirteen Lubicon have since been charged with arson, mischief,
possession of explosives and disguise with intent (a conspiracy
charge) in relation to the incident. They each face up to 50
years in prison. Preliminary court appearances were scheduled
for late April and early May, but the hearings have been delayed
by Lubicon lawyers who are raising procedural points regarding
the conduct of an RCMP investigation of the fire.
Following reports of "severe police state tactics" being used by
the RCMP during the investigation, the Alberta Federation of
Labour and Friends of the Lubicon (Edmonton) demanded an
independent provincial-federal government committee be set up to
probe the alleged RCMP harassment. During the investigation,
Lubicon members being interrogated were denied access to legal
counsel. In other cases there were unjustified threats to
individuals in an attempt to extract information, including
physical abuse when trying to gain confessions. Lubicon lawyer
Robert Sachs said the RCMP were trying to create dissension in
the community by harassing some Lubicon who were being charged.
The government recognizes the significance of this escalation in
Lubicon strategy. Since Oka, they also realize that Native
militancy does not automatically alienate public support. In
keeping with this recognition, the government is sending the
Lubicon a clear signal that serious resistance will not be
tolerated. In the post-Oka period the stakes of the sovereignty
struggle have been raised. The Canadian government has proven
ready to use military force and starvation tactics to quell what
they view as an uprising. The fact that these Lubicon are facing
similar charges to the participants in the siege at Oka shows the
government's determination to prevent other iconoclastic direct
challenges to Canadian authority.
Despite numerous abortive attempts by the Lubicon, there are no
substantive negotiations currently in progress with either level
of Canadian government. There is also little potential for a
negotiated settlement due to federal obstinacy. All legal
avenues have been exhausted.
LUBICON SOLIDARITY NETWORK
The Lubicon have no choice but to defend themselves and their
land base or suffer the extinction of their once viable,
independent society. They are fighting to gain recognized
control over their land. It is a struggle shared by most Native
communities. But Native people comprise a small and diffuse
portion of the population; therefore divide and rule, a familiar
state tactic, is particularly effective in Canada's dealings with
Aboriginal people. It is this isolation the Lubicon are
fighting.
The Lubicon cannot afford a situation where potential allies,
Natives, environmentalists and workers are polarized with the
help of the media, multinationals and governments. The Lubicon
cannot afford another Oka, where racist residents, police and the
army forced Mohawks to take up arms to defend themselves and
their community.
Friends of the Lubicon (Toronto) appeal to all people working for
an end to oppression to join the Lubicon in resisting those
forces which threaten life. The Lubicon have drawn much strength
from the extent of national and international solidarity with
their fight. At the Drumbeat Conference in Hamilton, Chief
Ominayak stressed that public awareness and concern have helped
the Lubicon survive this long, and he believes increased public
understanding is necessary if the Lubicon have any hopes for a
decent future.
"We have made great strides in educating the non-Native public,"
Chief Ominayak said. "The fact that non-Native people look at us
as human beings is a good start. As understanding grows, we
stand a better chance of surviving."
Those Canadians who recognize the need to redress injustices
perpetrated against Native people can follow in the spirit of
common defense expressed in the Treaty Alliance of Aboriginal
Nations, an alliance initiated by the Lubicon, who believe
solidarity is crucial for success. Upon signing the defense
pact, Chief Ominayak said: "The Aboriginal people lack the
resources to fight alone. Together we can make it harder for the
federal government to totally ignore the agreements they have
made with Native people."
We urge you to join the Lubicon solidarity network. We urge you
to see the realization of Aboriginal rights as a critical part of
your own fight for justice. Communicate with us; coordinate with
us. Be prepared to come to the defense of the Lubicon, and other
Native Nations, in the event of attack.
We urge you to join with us to build a solidarity movement strong
enough to make it impossible for the Canadian government to
ignore Aboriginal demands for justice.
At Drumbeat, Chief Ominayak explained that there are a lot of
problems within the Lubicon community. He reminded everyone that
the Lubicon "are not prepared to sell the future of their
children, or kiss the government's ass", and he stressed that the
outcome of the Lubicon Nation "is dependent on people who will do
something". "When people start working together, we will
succeed."
BEEDAUDJIMOWIN NOTE: Ed Bianchi is an independent film maker.
He produced the only existing full-length documentary on the
Lubicon Nation's struggle, OUR LAND, OUR LIFE. Ed is a member of
the Friends of the Lubicon (Toronto). He is currently working on
a documentary about the Sechelt Nation of British Columbia.