Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
September 01, 1991
Enclosed for your information is a copy of a letter from Daishowa
official Jim Morrison. While typically self-serving and
selective in the information it provides, the letter is still the
most explicit statement to-date of Daishowa's intentions to
clear-cut trees in the unceded Lubicon territory this fall.
Mr. Morrison starts out by making the point that Daishowa cannot
resolve the jurisdictional dispute between the Lubicon people and
both levels of Canadian Government, which is of course true. It
is not true, however, as officials of Daishowa regularly imply,
that Daishowa is therefore some kind of innocent, uninvolved
third party in this jurisdictional dispute. Daishowa has
obtained so-called logging "rights" from one party in this
jurisdictional dispute (the Alberta Provincial Government) and is
proposing to clear-cut trees in the contested area on that
basis -- to the profound detriment of the other party (the
Lubicons). Under these circumstances, and especially given the
obvious monetary rewards accruing to Daishowa as a result of
these arrangements, Daishowa is in effect a mercenary of the
Alberta Provincial Government being used by the Alberta
Provincial Government to help destroy the traditional Lubicon
society. As the mercenary of one of the parties in this
jurisdictional dispute, Daishowa can hardly claim to be either
innocent or uninvolved.
In his letter Mr. Morrison tosses around phrases like "good
faith" as though using such phrases in itself sanctifies Daishowa
and Daishowa's actions, which it of course does not. Negotiating
a supposedly "good faith" Forest Management Agreement (FMA) with
one party in a jurisdictional dispute is in fact the antithesis
of operating in "good faith" -- more properly characterized as
cynically taking advantage of the misfortune of the Lubicons and
the avarice of the Alberta Provincial Government.
Mr. Morrison says as though it's uncontested, undisputed fact
that the "FMA" which Daishowa negotiated with the Alberta
Provincial Government "gives (Daishowa) the right to establish,
grow and harvest timber within a defined area under prescribed
conditions". The truth is quite different. As officials of
Daishowa well know, and as they well knew before negotiating this
so-called "FMA" with the Alberta Provincial Government, Alberta's
authority to negotiate such an agreement with Daishowa is not
uncontested at all but is very much in dispute.
Alberta says that it received rights to the traditional Lubicon
territory from the Canadian Federal Government. The Canadian
Federal Government says that it obtained rights to the
traditional Lubicon territory by negotiating a cession treaty
with its original aboriginal owners. However the Lubicon people
are the original aboriginal owners of the traditional Lubicon
territory; they've never negotiated a cession treaty of their
traditional lands with anybody and they consequently assert
continuing aboriginal rights over their entire 4,000 square mile
unceded traditional territory.
Under such circumstances the so-called "FMA" which Daishowa
negotiated with the Alberta Provincial Government may well not
"give" Daishowa any more "right" to the trees in the traditional
Lubicon territory than it does to the trees in the mangrove
swamps of Florida. Officials of Daishowa knew all of these
things going into negotiations with the Alberta Provincial
Government but decided to proceed anyway because Alberta
Provincial officials were prepared to sell Lubicon trees at a
fraction of what they'd cost elsewhere and because Daishowa
officials didn't think that the Lubicons would be able to do
anything about it. (Officials of Daishowa may therefore be able
to legitimately plead that they miscalculated Lubicon ability to
fight back but they sure can't make any claims to decency,
honour, integrity or "good faith".)
Mr. Morrison says as though it were relevant that "A specified
(95 square mile) area has been excluded from the (12,000 square
mile) FMA (negotiated with the Alberta Provincial Government) to
accommodate a future reserve for the Lubicon Band". Again
officials of Daishowa are fooling around with the facts in order
to deliberately confuse and mislead the uninitiated.
A so-called "Indian Reserve" is only one element of a potential
settlement of Lubicon land rights, which, taken together with
other key elements of such a settlement would hopefully enable
the Lubicon people to successfully make the difficult transition
from a traditional hunting and trapping society occupying some
4,000 square miles of traditional Lubicon territory to a society
with a mixed economy occupying a much smaller amount of "reserve"
lands. That's the way the whole of North America has changed
hands from aboriginal people to non-aboriginal people --
jurisdiction over huge pieces of land has basically been
exchanged for much smaller pieces of land and certain rights and
benefits. However, as officials of Daishowa well know, unless
and/or until that comprehensive, all-inclusive settlement of
Lubicon land rights is achieved, and it has not yet been
achieved, the Lubicon people will continue to retain aboriginal
rights to their entire 4,000 square mile traditional territory --
not just over the 95 square mile area which Daishowa and the
Alberta Provincial Government have unilaterally set aside and
excepted from logging activities.
Mr. Morrison says that the Peace River Division of Daishowa
Canada hasn't started clear-cutting in the traditional Lubicon
territory because "we are awaiting the completion of a new bridge
across the river which is scheduled for completion in 1992".
This makes it sound as though Daishowa won't be clear-cutting in
the traditional Lubicon territory this fall -- a deliberate
untruth.
Daishowa fully intends to clear-cut in the unceded traditional
territory this fall, not under its own name, but, as Mr. Morrison
effectively admits in his own deliberately obscure way in the
last two points of his letter, working through subsidiaries and
subcontractors.
In point three of his letter Mr. Morrison says that
"Daishowa...has purchased and is legally obligated to purchase
salvage from independent sawmillers, farmers and loggers who have
their own coniferous quotas within the FMA area". What this
statement means in plain English is that Daishowa subcontractors
will be clear-cutting in the traditional Lubicon territory this
fall and providing Daishowa with woodchips and aspen trees.
What Mr. Morrison doesn't say is that these small subcontractors
have been told by the Alberta Provincial Government, undoubtedly
working in close consultation with Daishowa officials, that they
must clear-cut in the traditional Lubicon territory and provide
Daishowa with the woodchips and aspen or they'll lose the logging
licences upon which they depend to operate. In other words,
Daishowa and the Alberta Provincial Government are using these
small companies as catspaws in the jurisdictional struggle with
the Lubicons.
In point four of his letter Mr. Morrison does a crafty little
number about wholly-owned Daishowa subsidiary Brewster
Construction, which he says "has been harvesting its timber
quotas on the east side of the Peace River without incident or
confrontation for the past 12 years".
With the Daishowa pulp mill located across the Peace River to the
west side of the traditional Lubicon territory, Mr. Morrison's
comment about Brewster harvesting on the east side of the Peace
River implies that Brewster has been logging in the traditional
Lubicon territory for "the past 12 years without incident or
confrontation". In fact the Brewster mill is so far to the east
of the Peace River that it's outside of the traditional Lubicon
territory altogether, and, until now, Brewster has been doing
most of its logging to the east of the traditional Lubicon
territory.
Mr. Morrison says that "All of Brewster's timber quotas are
outside the specified reserve area", implying that Brewster's
proposed clear-cut logging activities will be outside of the
Lubicon area of concern. In fact Brewster's main timber quota is
located literally across the road from the proposed Lubicon
reserve -- right smack dab in the middle of the unceded
traditional Lubicon territory.
"Recognizing the sensitivity of the negotiations", Mr. Morrison
says, "last year...Brewster modified its logging plans for new
areas". In fact there were no negotiations last fall, sensitive
or any other kind, and Brewster "modified its logging plans for
new areas" last year only after being warned by the Lubicon
people that any effort to clear-cut the traditional Lubicon
territory would be blocked on the ground if need be. (Last year
after being advised of the Lubicon position, Brewster President
Lyman Brewster was asked by the media how badly he needed to
clear-cut Lubicon trees. "It's not necessary enough to go in and
get into trouble", he replied.)
Finally regarding Daishowa's clear-cut logging plans for the
unceded Lubicon territory this fall, Mr. Morrison makes crystal
clear that wholly-owned Daishowa subsidiary Brewster Construction
intends to proceed. "Last year", Mr. Morrison says, "Brewster
modified its logging plans for new areas". "However", he
concludes ominously, "further delays are no longer possible".
* * * * *
August 22, 1991, letter from James P. Morrison to Lennoxville,
Quebec resident V. Vanlenho
Dear Mr. Vanlenho:
This is in reply to your letter to Mr. Tom Hamaoka dated July 11,
1991, and further to our letter dated February 14, 1991,
concerning the Lubicon land claim dispute.
Thank you for enclosing with your letter what appears to be part
of a partisan overview of Daishowa's involvement with the Lubicon
Band (unfortunately, the first 8 pages were missing). This very
misleading information certainly helps explain why persons such
as yourself have expressed sincere concerns about our logging
activities.
The following is Daishowa Canada's position with respect to the
Lubicon situation:
1. This matter must be resolved by both levels of government
and the Lubicons. While Daishowa Canada deeply regrets the
dispute, we cannot resolve it.
2. Daishowa Canada Co. Ltd. negotiated a Forest Management
Agreement (FMA) with the Alberta Government in good faith.
The FMA describes the obligations and responsibilities of
Daishowa Canada and gives us the right to establish, grow
and harvest timber within a defined area under prescribed
conditions. A specified area has been excluded from the
FMA area to accommodate a future reserve for the Lubicon
Band. Logging activities are not, of course, permitted
within this area. To date, Daishowa Canada, Peace River
Pulp Division has not commenced its own FMA operations on
the east side of the Peace River as we are awaiting the
completion of a new bridge across the river which is
scheduled to open in 1992.
3. Daishowa Canada, Peace River Pulp Division, has purchased
and is legally obligated to purchase salvage aspen from
independent sawmillers, farmers and loggers who have their
own coniferous quotas within the FMA area.
4. Brewster Construction Ltd. was acquired in October of 1989
and subsequently became a subsidiary of Daishowa Canada.
This sawmill has been in existence for 13 years and has
been harvesting its timber quotas on the east side of the
Peace River without incident or confrontation for the past
12 years. All of Brewster's timber quotas are outside the
specified reserve area for the Lubicon Band. Last year,
recognizing the sensitivity of the negotiations, Brewster
modified its logging plans for new areas, in the hope that
talks would be restarted. However, further delays are no
longer possible.
Daishowa has publicly and privately urged the two levels of
government and the Lubicons to work towards resolving their
differences. We have also endeavoured to keep the Lubicons
informed about our operations and plans, and to avoid
confrontations or challenges through the media.
Yours truly,
DAISHOWA CANADA CO. LTD.
James P. Morrison
General Manager, Edmonton Office