The Assembly of First Nations is the representative of Treaty Indians
in Canada.
----------------------------------------------------------------------
National Indian Brotherhood
ASSEMBLY OF FIRST NATIONS
Head Office: Territory of Akwesasne
Hamilton's Island
Summerstown, Ontario
K0C 2E0
Tel: (613) 931-1012
Ottawa Office: 47 Clarence Street, Suite 300
Ottawa, Ontario
K1N 9K1
Tel: (613) 236-0673
TELEX 053-3202
November 7, 1989
Right Honourable Brian Mulroney
Prime Minister of Canada
House of Commons
Centyre Block, Room 309-S
Ottawa, Ontario
K1A 0A6
Dear Mr. Prime Minister:
As you are aware, the people of the Lubicon Lake Nation have been
waiting for over fifty years now for acknowledgement of their rights to
their unceded, traditional lands. During this time, the Lubicon have
been forced to stand by and watch as their traditional economy and way
of life has been destroyed through the ongoing efforts of resource
development companies. This destruction has been allowed to continue
with the full knowledge of successive federal and provincial
governments.
What you may not be aware of, however, is the fact that the Minister of
Indian and Northern Affairs Canada, the Honourable Pierre Cadieux, has
recently established the Woodland Cree Indian Band and promised to
designate an Indian reserve for this band within the traditional
territory of the Lubicon Lake Nation. Furthermore, the Registrar of
Indian and Northern Affairs Canada (INAC) has added the names of at
least twenty-six persons to the list of the registered Lubicons without
the consent of the Lubicon Lake Nation. These names were subsequently
left on the Lubicon list for several days and then removed and placed
onto the Woodland Cree's band list, in violation of existing
legislation and policy guidelines.
It is especially appalling to note that, as these actions were being
carried out, the Minister and his representatives were attacking the
leadership of the Lubicon Lake Nation by falsely representing those
artificial band members as being Lubicon dissidents. This can only be
seen as a blatant and malicious attempt to undermine the integrity of
the Lubicon Lake Nation, and as a means of subverting their rights to
their traditional homelands.
The above actions were taken despite the fact that the Lubicon Lake
Nation has their own Membership Code, as is provided for under the
INDIAN ACT. You can appreciate that the actions referred to above
directly contradict your government's own stated policy in relation to
Indian self-government as well as a number of INAC's written policies
and guidelines. The Section 10 membership provision of the INDIAN ACT
can only be an absurdity if the Minister, or his appointed officials,
may over-ride the authority of an elected Chief and Council whenever
they see fit to tamper with a band's membership list! This calls into
question the whole notion of democracy which Canada supposedly upholds.
This type of approach towards the rights and needs of First Nations
cannot be allowed to continue. As you well know, the government of
Canada has a fiduciary, moral and legal obligation to preserve and
safeguard the interests and rights of First Nations' citizens. This
obligation is supported by international law, covenants, human rights
principles, and it is also entrenched in the Constitution of Canada.
Mr. Prime Minister, this intolerable situation demands that immediate
steps be taken to review the activities of your Minister of Indian
Affairs in order to determine whether or not the fiduciary, moral and
legal standards relevant to his position and responsibilities have been
upheld. This review should take the form of a public inquiry so as to
ensure that justice may not only be done, but also be seen to be done.
In your capacity as a responsible head of government it is, I believe,
your duty to act upon these matters in a manner that is consistent with
the public trust that is embodied in the Office which you now hold.
Cynicism, distrust and deception should have no place whatsoever in the
foundations of relationships between nations, governments or peoples.
Neither should these decidedly unworthy attributes be allowed to cast
shadows upon Canada's reputation as a fair and benevolent society.
However, this is exactly what will result if your government's present
strategy towards First Nations rights is allowed to subsist.
I must point out that these are not idle words, nor should they in any
way be considered as an exaggeration. This assertion is strongly
supported by recent disclosures that your government has spent several
million dollars during the past fiscal year on private legal services
in an effort to avoid settling Native land claims. Surely this
country's resources could be put to more constructive and honourable
usues than this.
These circumstances are not merely local in nature, nor shall their
effect be felt by only those First Nations which have been directly
implicated by the actions of your Minister of Indian Affairs. The
future interests of all First Nations in Canada stand to be prejudiced
by this because it can only serve to seriously undermine your
government's stated policy of advancing the cause of First Nations
government. This is a national issue of far-reaching importance and to
merely ignore it will only lead to a continuation of the injustices
which have already been brought about.
Finally, the burden of responsibility in this regard is upon you, Mr.
Prime Minister, and I demand that you take immediate steps to discharge
your duty in a manner consistent with the significance that this matter
holds for all First Nations and for Canada as a member of the world
community.
Sincerely,
THE ASSEMBLY OF FIRST NATIONS
Georges Erasmus
National Chief
cc:Lawrence Courtoreille, Indian Association of Alberta
Bernard Ominayak, Chief, Lubicon Lake Indian Band
The Honourable Pierre Cadieux, Minister, INAC
Ethel Blondin, MP, Liberal Critic, Native Affairs
Robert E. Skelly, MP, NDP Critic, Native Affairs
Lubicon Lake Indian Nation
Little Buffalo Lake, AB
403-629-3945
FAX: 403-629-3939
Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
January 30, 1990
Enclosed for your information is a copy of a letter to Canadian Prime
Minister Brian Mulroney from Kahnawake Chief John Bud Morris.
Attached to the letter is a copy of a Mohawk Council Resolution on the
recent Canadian Government "creation" of the so-called Woodland Cree
Band.
* * * * *
Mohawk Council of Kahnawake
P.O. Box 720
Kahnawake, Quebec, J0L 1B0
OFFICE OF THE COUNCIL OF THE CHIEFS
19, Tsothohrko':wa/January 1990
Right Honourable Prime Minister Brian Mulroney
House of Commons
Parliament Buildings
Ottawa, Ontario
K1A A06
Wa'tkwanonwera:ton (Mohawk Greetings):
For some time now, we have been following the situation concerning
the Lubicon Lake Indian Nation, Canada and the Province of Alberta.
Lately, we have grown suspicious of your governments' motives, at least
more so than before. That suspicion has now evolved to mistrust in the
Canadian government's capacity to negotiate in good faith with the
Native people. This mistrust has come about for several reasons.
It strikes us as extremely prejudicial that the Honourable Mr.
Cadieux would create the so called "Woodland Cree Band" in the face of
long standing, unresolved negotiations over the Lubicon Lake Indian
Nation unceded territory and compensation. Further, we are very
concerned that this ancient divide and conquer tactic will be used
elsewhere by Mr. Cadieux when other Native leaders exasperate him so in
the negotiation process. Attached, you will find a resolution from the
Mohawk Council of Kahnawake which further details our position on this
issue.
On the matter of the so called final offer of the Federal
Government, we find the attitude displayed by the Federal negotiators,
and their political representative to be a major stumbling block to a
final agreement. The situation has improved somewhat with the
participation of Premier Getty, but alas, it appears that ironically
enough, the Lubicon and Premier Getty are having to drag the Federal
government along. I suspect a similar situation will occur with the
Kahnawake Mohawks and Quebec having to pull your government into
negotiations on long standing unresolved territorial issues in
Kahnawake. Indeed, recent public statements made by Cadieux clearly
indicate that the Federal government is not willing to enter into
discussions with the Province of Quebec and the Mohawks of Kahnawake on
the matter of "Territorial Claims" (Le Devoir, January 4, 1990).
Should this attitude be the norm of the Federal government, I
would politely suggest that these norms be changed in the interests of
Canada and all Native people. This coming decade represents a challenge
which all sides must participate fairly and equitably if we are to avoid
the misgivings of the past and their consequences to Native and Canadian
societies for the future.
Nia:wen (Thank You),
MOHAWK COUNCIL OF KAHNAWAKE
Signed
Chief John Bud Morris
Enclosure
cc: Chief Bernard Ominayak,
Lubicon Lake Indian Nation
* * * * *
Mohawk Council of Kahnawake
P.O. Box 720
Kahnawake, Quebec, J0L 1B0
OFFICE OF THE COUNCIL OF THE CHIEFS
The Council of the MOHAWKS OF KAHNAWAKE
Agency KAHNAWAKE
Province QUEBEC
Place COUNCIL OFFICE
Date Day 20 Month 11 AD 1989
Do hereby resolve:
MOHAWK COUNCIL RESOLUTION
NO. 82/1989-90
PROPOSED BY: Chief John Bud Morris
Seconded by: Chief Hazel Lazare
WHEREAS, the Mohawks of Kahnawake are in full support of the Lubicon
Lake Indian Nation and their assertion of rights over their aboriginal
territory, and;
WHEREAS, the Lubicon Lake Indian Nation have made sincere efforts to
negotiate fairly with the governments of Canada and Alberta concerning
the former's aboriginal territory.
WHEREAS, the Government of Canada has chosen to undermine these
negotiations and lessen its obligations with respect to Lubicon Lake
Indian Nation by using extraordinary measures, to wit: The creation of a
previously non-existent group of natives called the "Woodland Cree
Band", and;
WHEREAS, this creation of the Canadian government has no right
whatsoever to negotiate aboriginal land rights with respect to the
Lubicon Lake Indian Nation aboriginal territory or any other aboriginal
territory, and;
BE IT RESOLVED THAT the Mohawk Council of Kahnawake denounces the
tactics used by the Canadian Government as archaic and genocidal, and;
BE IT RESOLVED THAT the Mohawk Council of Kahnawake recognizes the full
authority of the Lubicon Lake Indian Nation to determine who its
citizens are, regardless of the actions of Canada, and;
THEREFORE BE IT RESOLVED THAT the Mohawk Council of Kahnawake does not
recognize the "Woodland Cree Band" as being part of any aboriginal
nation, and;
BE IT FURTHER RESOLVED THAT the Canadian Government live up to its
obligations and responsibilities by recognizing the Lubicon Lake Indian
Nation aboriginal rights and territory, and;
BE IT FINALLY RESOLVED THAT the Government of Canada suspend the powers
of the present Minister of Indian Affairs to enact section 17 of the
Indian Act and declare null and void the Minister's creations of the
"Woodland Cree Band" until such time as Lubicon Lake Indian Nation
aboriginal claims and assertions are settled to the satisfaction of the
latter.
(Signed by 10 Chiefs and Councillors of the Mohawk Nation.)
==============================================================================
Lubicon Lake Indian Nation
Little Buffalo Lake, AB
403-629-3945
FAX: 403-629-3939
Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
April 2, 1990
The newly elected Chief of the Woodland Cree Band recently attended a meeting
of Treaty 8 Chiefs and was unanimously denied recognition.
Treaty 8 covers an enormous area completely surrounding the traditional
Lubicon territory. As such the Chiefs of Treaty 8 know what Indian Nations
have traditionally occupied the area.
Professional Federal Government propagandist Ken Colby denied that refusal of
the Treaty 8 Chiefs to recognize the Woodland Cree Band "changes" the
legitimacy of the Woodland Cree Band. One can only wonder what "legitimacy"
Mr. Colby's talking about.
Enclosed for your information is a copy of the unanimous resolution passed by
the Treaty 8 Chiefs and related media coverage.
* * * * *
RESOLUTION OF GRAND COUNCIL OF TREATY 8 NATIONS
PROPOSED BY: Chief Pat Marcel, Ft. Chipewyan Nation
SECONDED BY: Chief Charles Beaver, Bigstone Cree Nation
REGARDING: The Canadian Government's use
of Section 17 of the Indian Act
to undermine the Lubicon Lake Nation and other Treaty 8 First
Nations' jurisdiction and rights over citizenship and traditional
Lands and Resources
WHEREAS the Treaty 8 Nations hereby gathered on this 8th day of March,
1990, strongly support the Lubicon Lake Nation and its inherent
jurisdiction to determine its own membership and to the ownership of the
Lands and Resources in its Traditional Territory; and,
WHEREAS the Canadian Government has sought to undermine the rights and
jurisdiction of the Lubicon Lake Nation by the creation of the Woodland
Cree Band; and,
WHEREAS this oppressive action on the part of the government of Canada
contravenes the spirit and intent of Treaty 8 entered into in 1899 by
the British Crown and the sovereign Nations of Treaty #8;
THEREFORE BE IT RESOLVED the Grand Council of Treaty 8 Nations condemns
the actions of Canadian government and resolves to not recognize the
Woodland Cree Band.
Passed unanimously by the Grand Council of Treaty 8 Nations at Edmonton,
Alberta, this eighth (8th) day of March, 1990
==============================================================================
Retyped for your information is a copy of a letter recently sent to
Canadian Prime Minister Brian Mulroney by the National Chief of the
Assembly of First Nations Georges Erasmus replying to a communication by
former Indian Affairs Minister Pierre Cadieux.
The Assembly of First Nations is the representative of Treaty Indians in
Canada.
* * * * *
OFFICE OF THE NATIONAL CHIEF
National Indian Brotherhood
ASSEMBLY OF FIRST NATIONS
Ottawa Office: 47 Clarence Street, Suite 300
Ottawa, Ontario
K1N 9K1
TEL: (613) 236-0673
FAX: (613) 238-5780
March 20, 1990
The Right Honourable Brian Mulroney
Prime Minister of Canada
House of Commons
Centre Block, Room 309-S
Ottawa, Ontario
K1A 0A6
Dear Mr. Prime Minister:
On November 7, 1989, I wrote to you expressing my concerns in relation
to the actions taken by your government regarding the formation of the
Woodland Cree Indian Band. As I pointed out to you at that time, those
actions represent an unconscionable attempt to undermine the integrity
of the Lubicon Lake Nation. The sole purpose of this can only be seen to
be that of subverting the Lubicons' claim and rights to the possession
and benefits of their traditional homelands and resources.
In my letter to you, I requested that you take the initiative in this
deplorable and shameful situation and institute a review to determine
whether or not your former Minister of Indian Affairs has, in fact,
properly discharged the fiduciary, moral and legal obligations which
your government is responsible for in relation to this matter.
I have reviewed the letter from The Honourable Pierre Cadieux that was
intended as a response to my earlier correspondence to you in this
regard. That response was so one-sided and filled with blatant
inaccuracies that it can only be considered to be intended as a means
for misleading. I have no choice but to once again request that a public
inquiry be initiated at this time.
Mr. Prime Minister, I am quite serious when I say that the response from
your former Minister of Indian Affairs is no more than an attempt to
misrepresent his role in these developments. All of the circumstances
which I have related to you about these events are entirely supported by
fact and documentary evidence that has been obtained from various
sources, including the Department of Indian and Northern Affairs.
For instance, your Minister states that he received an initial petition
signed by persons from Cadotte Lake/Little Buffalo expressing their
dissatisfaction with the Lubicon Lake Band.
Next, he asserts that he received a second petition from about "150
Native people, a number of whom were Lubicon Lake Band members",
advising him of their desire to pursue their rights under Treaty #8
independent of the Lubicon Lake Band. These petitions appear to have
been the catalyst upon which the INAC Minister began his campaign to
raid the membership lists of a number of First Nations, including the
Lubicon, in order to create the Woodland Cree Band.
With regard to the first petition, it appears that this correspondence
came from non-Indian persons who are not in any way connected with the
Lubicon Lake Nation. The question that must be asked is this, "Since
when does the Minister of Indian and Northern Affairs take action such
as this upon a display of dissatisfaction from non-Indians in relation
to an Indian Band?" I am sure that you will have to agree with me that
this action is totally unprecedented and uncalled for, especially in
relation to a First Nation that is deeply involved in on-going
negotiations over land rights.
The second petition is fraudulent. This fact is borne out by the written
admission from the individual who sent it, stating that he had signed 87
of the signatures himself. When contacted, many of the persons who had
supposedly "signed" this document said that they had never seen it, nor
had they given any consent for it to be signed on their behalf. Yet,
your Minister saw fit to proceed with his vindictive assault against the
elected leadership and composition of the Lubicon Nation based on this
second petition, notwithstanding the fact that he knew right from the
start that it was a misrepresentation.
Your Minister says that the motivation for his actions stemmed from the
Canadian government's policy of attempting to resolve all outstanding
claims pursuant to treaties. If this is the case, then what about all
the previous claims made by other First Nations for the recognition and
implementation of their rights pursuant to treaties?
There is no escaping the fact that many other First Nations have either
been consistently ignored or forced to fight long and costly legal
battles to have their treaty rights vindicated. Yet your Minister has
considered it appropriate to go to such great lengths in this particular
instance. Are we supposed to believe that the Minister has been moved by
exclusively altruistic sentiments in this one circumstance? Why then not
in relation to the other First Nations who have an even greater need?
The conspicuously selective manner in which the Minister chose to pursue
that "policy" objective strongly supports the proposition that he did so
only as a misguided and malicious attempt to prejudice the Lubicon
Nations' rightful claims against the Canadian government for their
traditional homelands and resources.
There are presently many other First Nations communities across Canada
which have been trying to be recognized as Indian bands and alotted
reserve lands by the federal government for a long time now. Some of
these First Nations are: The Fort Fitzgerald Dene and the Grand Cache
people of Alberta; The Beaverhouse Indian Community; The Hornepayne
Indian Community; and The Moosonee First Nation. These latter three
First Nations are all situated within the Province of Ontario.
Why haven't any of these long-established First Nations ever been
accorded the same type of consideration that the Minister has so readily
provided in this instance? The only reason that one could assume is that
this was done in order to try to weaken the claim of the Lubicon Lake
Nation.
If there is another supportable reason for this differential approach,
then it would be in yours and Canada's interest to make it known as soon
as possible. Otherwise, the impression that will subsist in the minds of
Canadians and persons of the greater world community will be that of a
deliberate and immoral act of overt oppression on the part of your
government against the Lubicon Lake Nation.
Mr. Prime Minister, the former Minister of Indian and Northern Affairs
has stated that he did not tamper with the membership lists of the
Lubicon Lake Nation. This is a lie. The AFN is in possession of
documentation acquired pursuant to the Access to Information Act which
clearly shows that such tampering did in fact occur. Moreover, the
former Minister contravened his own guidelines and stated policies in so
doing without first consulting and receiving the consent of the several
First Nations thereby affected. These guidelines and policy statements
are also in our possession at this time.
After reviewing the above facts, I am sure that you will only be able to
reach the same conclusion that I have regarding this situation: that
something very WRONG and immoral has been done by your ex-Minister of
Indian and Northern Affairs against the Lubicon Lake Nation.
My contentions are further supported by the many other established First
Nations which have made public their condemnation of the former
Minister's actions and also their steadfast refusal to recognize the
Woodland Cree Band as a legitimate First Nation. As you may be aware,
the Woodland Cree are in no way a community as such, but rather, their
membership roles are made up of persons from numerous Indian Bands and
other communities and these persons are currently residing throughout
the whole northwest quarter of the Province of Alberta! This is
obviously NOT a community in any sense of the word.
I must once again reiterate that you are the sole person ultimately
responsible for the actions of the Canadian government. Whatever the
eventual outcome of this matter may be, you have a central role and duty
to discharge in these events, and the manner in which you exercise your
authority to meet those burdens will certainly be measured against
Canada's stated commitment to human rights and justice.
Therefore, I believe that it is most important that an immediate public
inquiry into these matters be initiated by your office in order that
these issues may be reviewed in a manner consistent with the principles
of morality and natural justice. I look forward to an early reply from
your office in relation to this extremely urgent matter.
Sincerely yours,
THE ASSEMBLY OF FIRST NATIONS
Georges Erasmus
National Chief
c.c. Chief Bernard Ominayak, Lubicon Lake Nation
Maxwell Yalden, Canadian Human Rights Commission
The Honourable Thomas Siddon, Minister, INAC
The Honourable Donald Getty, Premier of Alberta
All AFN Chiefs
Robert E. Skelly, MP
Ethel Blondin, MP
Standing Committee on Aboriginal Affairs
United Nations Human Rights Committee
==============================================================================
Lubicon Lake Indian Nation
Little Buffalo Lake, AB
403-629-3945
FAX: 403-629-3939
Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
April 2, 1990
On March 26, 1990, professional Federal Government propagandist Ken Colby
announced that an "Agreement-in-Principle (AIP)" had been signed between the
Government of Canada and the Woodland Cree Band. The Woodland AIP reportedly
covers community construction but doesn't cover economic development or
reserve land.
Mr. Colby told reporters that the so-called new Woodland Cree Band includes
about 150 ex-Lubicons and that the Federal Government doesn't "intend to pay
anybody twice". Where the 150 number comes from is unknown, since the Federal
Government has consistently refused to release the names of Woodland Cree Band
members, but what Mr. Colby is clearly suggesting is that the Federal
Government intends to reduce the supposed amount of its so-called "take-it-or-
leave-it" offer to the Lubicons by approximately one third.
No further details are currently available.
==============================================================================
Lubicon Lake Indian Nation
Little Buffalo Lake, AB
403-629-3945
FAX: 403-629-3939
Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
December 23, 1990
On December 19, 1990, Canadian Federal Indian Affairs Minister Tom Siddon and
Alberta Provincial Attorney General Ken Rostad announced that they'd reached
an "agreement-in-principle" with the so-called "Woodland Cree Band". Minister
Siddon and AG Rostad represented this "agreement-in-principle" as evidence of
their good will and suggested that it's the Lubicon peoples' own fault that
there's no Lubicon settlement. The Woodland Cree "agreement-in-principle" is
in fact only further evidence of the boundless cynicism of Canadian
Government, and further proof of the lengths to which both levels of Canadian
Government are prepared to go in order to obliterate the Lubicon society.
At the time of the Lubicon Olympic Boycott three Alberta claims which had been
outstanding for decades were rushed to settlement -- Fort Chip Cree,
Whitefish Lake and Sturgeon Lake. People associated with the Fort Chip and
Whitefish Lake negotiations were pretty amenable to whatever terms the
Government was prepared to offer -- and the resulting settlements show it.
The Sturgeon Lake people did appreciably better, recognizing accurately that
for once Canadian Government really wanted a settlement -- if only in order to
deflect growing public and international outrage over the increasingly well
known plight of the Lubicon people.
In the case of the Woodland Cree the Government of Canada actually created a
whole new aboriginal society with whom to settle, while at the same time
continuing to ignore the rights of countless legitimate aboriginal societies
across the land -- most of whom have been unsuccessfully pursuing recognition
of their rights in a non-confrontational way practically since first contact
with Canadian Government officials. So too would the Fort Chip Cree,
Whitefish Lake, Sturgeon Lake and Woodland Cree people still be waiting, if it
were not for the considerable public and international pressure created by the
Lubicon struggle, and the Canadian Government's obvious decision to use rushed
settlements with these three aboriginal groups to try and counter adverse
publicity being generated by the Lubicon struggle.
In spite of all of the calculated hoopla, little is actually known about the
substance of the Woodland Cree "agreement-in-principle". Moreover chances of
more becoming known aren't very good if the Government has its way, and, in
the case of the Woodland Cree, chances are pretty good that the Government
will continue to have its way.
The official press release uses phrases like "up to $35.192 million for the
construction of a new community". What "up to" $35.192 million means in
actual dollars is anybody's guess, but, given the Lubicon experience with
practised Government double-talk, it's not likely that it really means $35.192
million for the construction of a new community. Similarly suspicious is the
$13 million for a socio-economic development "trust" fund and $512,000 "in
lieu of land".
One thing does seem clear from media reports; namely, reserve land for the
Woodland Cree is being calculated on only about half of the claimed Band list
of 628 people. Fifty-five square miles of reserve land would provide for 275
people under the Treaty 8 formula of 128 acres per person; $512,000 "in lieu
of land" is likely 2,560 acres for an additional 20 people under the Treaty 8
formula at the rate of $200 per acre. Two hundred dollars per acre for tax
free, inalienable Indian land is literally a steal, and, generally speaking,
accepting less than the greatest possible amount of reserve land has not
served aboriginal people well.
Enclosed for your information is a copy of the Government's press release and
related media reports.
* * * * *
Attachment #1:
AGREEMENT-IN-PRINCIPLE REACHED WITH WOODLAND CREE BAND
EDMONTON, December 19, 1990 -- The Honourable Tom Siddon, Minister of Indian
Affairs and Northern Development, the Honourable Ken Rostad, Alberta Attorney
General and Minister responsible for Native Affairs, and Chief John Cardinal
of the Woodland Cree Band today announced that the negotiators for the three
parties have reached agreement-in-principle on a settlement of the band's land
entitlement under Treaty No. 8.
In making the announcement, Minister Siddon stated: "This agreement-in-
principle is a clear indication of the federal government's commitment to
honour its obligations to the Indian people of northern Alberta and to help
them achieve their economic and social objectives." Mr. Siddon noted: "This
important land claim settlement is a major example of the government's
commitment to the native agenda announced by the Prime Minister on september
25, 1990."
Under the terms of the proposed settlement, the federal government will
provide the Woodland Cree Band with up to $35.192 million for the construction
of a new community, $13.0 million for a socio-economic development trust fund
and $512,000 as cash in lieu of land.
The Alberta government has agreed to transfer to the federal government 55
square miles (14,245 hectares) of land, including mines and minerals, to be
set aside as Indian Reserves for the Woodland Cree Band. Alberta will also
provide a further $5 million and, separate from the land entitlement
settlement, a special training and employment program at a cost of up to $3
million.
Mr. Rostad stated: "I am pleased that, because of the constructive approach
taken by the Chief and Council, we have been able to reach agreement on the
establishment of Reserves for the Band in the Cadotte Lake and Marten Lake
areas. The training program will assist Band members in taking advantage of
the employment opportunities provided by both Reserve construction and other
developments in the region.
Commenting on the settlement proposal, Chief Cardinal said: "What is most
important is that this settlement will allow us to build our communities and
provide for the economic future of our band members."
The proposed settlement is subject to final ratification by both governments
and the band membership.
For further information, contact:
Mark Hudson
Press Attache
Minister's Office
Lesley Gronow
Director of Communications
Alberta Attorney General
403-427-8530
Chief John Cardinal
Woodland Cree Band
629-3804
* * * * *
Attachment #2
Transcript of CBC Radio News Broadcast (5:30 P.M.)
Wednesday, December 19, 1990
Krysia Jarmicka, CBC News
Alberta's newest Indian Band has a tentative land claim agreement with the
Federal and Alberta Governments. The Woodland Cree was only recognized by
Ottawa a little over a year ago. Now it has a promise of 55 square miles of
land for reserves in northern Alberta and $57 million in settlement money.
The Chief of the Band says he's pleased with the agreement. John Cardinal
says many members of his Band live in homes that don't have running water or
heating systems. He says he's hoping some of the money from the settlement
will go towards providing these services to his people. The deal, announced
today, gives the Woodland Cree land for reserves in the Cadotte and Marten
Lake areas. The Band will also get $57 million to build a new community and
for a variety of social programs. The Woodland Band is an off-shoot of the
Lubicon Lake Indians in northern Alberta. The Lubicons were offered almost
twice as much land and $45 million, but they rejected the deal when Ottawa
refused to pay a hundred million dollars in compensation. The settlement has
to be ratified by both Governments and members of the Woodland Cree. Cardinal
says it will take some time to contact each of the 628 members of the Band to
sign the deal.
* * * * *
Attachment #3:
PRESS STATEMENT OF CHIEF BERNARD OMINAYAK, LUBICON LAKE INDIAN NATION,
Regarding the recently announced Woodland Cree Agreement-In-Principle
December 19, 1990
Without knowing details of the recently announced Woodland Cree Agreement-in-
Principle, the Lubicon people wish to congratulate the Woodland Cree people
for achieving what they apparently consider an acceptable settlement of their
aboriginal land rights. Hopefully this Agreement-in-Principle means that the
Federal and Provincial Governments are now prepared to negotiate the
aboriginal land rights of Metis people and people returned to Indian status
under the 1985 (C-31) amendments to the Indian Act.
At the same time the Lubicon people wish to point out that the Woodland Cree
Agreement-in-Principle is not a settlement of Lubicon land rights, and that
the struggle for recognition of Lubicon land rights continues. As Premier
Getty pointed out when the Federal Government created the Woodland Cree Band
in 1989, Lubicon land rights and the land rights of the Woodland Cree are
separate matters requiring separate treatment.
For more information phone 403-436-5652 or 403-629-3945
* * * * *
Attachment #4:
Re-printed without permission from The Globe and Mail, Thursday, December 20,
1990
ALBERTA CREE BAND REACHES SETTLEMENT
Canadian Press
Edmonton
The federal and Alberta governments have reached a land-claim settlement worth
up to $56-million with the recently recognized Woodland Cree band in Northern
Alberta.
Federal Indian Affairs Minister Thomas Siddon, Alberta Attorney-General
Kenneth Rostad and Woodland Cree Chief John Cardinal announced the deal
yesterday.
The settlement comes in the midst of stalled talks between the federal
government and the Lubicon Lake Indian band, which is also in the area about
400 kilometres north of Edmonton.
The 340-member Woodland Cree band was formed 18 months ago when a small native
group sent a petition to Ottawa after the Lubicon talks broke off.
About 30 of the Woodland Cree band are said to be Lubicons.
* * * * *
Attachment #5:
Re-printed without permission from The Edmonton Journal, Thursday, December
20, 1990
CREE SIGN LAND-CLAIM AGREEMENT
CALLED LESSON FOR LUBICON
Richard Helm
Journal Staff Writer
Edmonton
The Woodland Cree of northern Alberta have reached an agreement in principle
on a land claim only a year after winnning official recognition from Ottawa.
Attorney General Ken Rostad, the Alberta Minister responsible for Indian
Afffairs, said the swift settlement should send a message to the Lubicon Lake
Indians.
"I think if the Lubicon sat down and said, 'We want a settlement,' and
referred the compensation matter, which is essentially betweeen them and the
feds, to the courts, they could be in the same ball game," Rostad told
reporters.
"If anything, it shows confrontation doesn't work."
The Lubicons have been at odds with government authorities for years over the
band's $100-million compensation bid and claim to a 10,000-square-km
territory. Several band members were charged with arson and mischief recently
after logging equipment was set on fire in the disputed area.
The Woodland Cree Band was formed when a small group of natives sent a
petition to Ottawa after talks between the federal government and the Lubicon
band broke offf. About 30 of the 340-member Woodland Cree band are said to be
disgruntled Lubicon members.
The Woodland Cree, regarded by some natives as a federal government creation
to divide the Lubicon Lake Indians, will get $35.1 million in federal funds
for othe construction of a new commmunity, another $13 million for a socio-
economic development trust fund and $512,000 as cash in lieu of land.
The Alberta government has agreed to transfer to the federal government 14,245
hectares or 55 square miles of land, including mines and minerals, to be set
aside as reserves for the band. The reserves will be established in the
Cadotte Lake and Marten Lake areas in the heart of Lubicon territory. Cadotte
Lake is about 70 km northeast of Peace River.
Alberta is also pitching in a further $5 million and, separate from the land
entitlement settlement, a special training and employment program at a cost of
up to $3 million.
The proposed settlement, announced Wednesday by Rostad and federal Indian
Affairs Minister Tom Siddon, is subject to final ratification by both
governments and the band membership.
Woodland Cree Chief John Cardinal welcomed the announcement.
"What is most imporetant is that this settlement will allow us to build our
communities and provide for the economic future of our band members," Cardinal
said in a prepared statement.
Last year, about 350 natives from Little Buffalo and surrounding communities
petitioned Pierre Cadieux, then federal Indian Affairs Minister, to form a
band so they could file a claim with Ottawa. Little Buffalo is about 350 km.
northwest of Edmonton.
"The Lubicons were aware that the Woodland Cree had been authenticated and we
were coming to an agreement," Rostad said.
"If there's a will and they come to the table reallly wanting to accomplish
something, something can be signed."
Lubicon Chief Bernard Ominayak -- who has said the Woodland Cree are a sham
band created by Ottawa as a weapon against the Lubicon -- congratulated the
band on its deal. But he noted "the struggle for recognition of Lubicon land
rights continues."
Lubicon advisor Fred Lennarson said the Lubicons don't begrudge the Woodland
Cree their speedy settlement.
"I'm surprised at the speed they rushed into that settlement. But still we
welcome it," Lennarson said.
* * * * *
Attachment #6:
Re-printed without permission from The Edmonton Sun, Thursday, December 20,
1990
CREE BAND STRIKES DEAL
NATIVES NEGOTIATE MULTI-MILLION DOLLAR LAND CLAIM
by David Quigley
Staff Writer
Less than two years after being created, the Woodland Cree band has struck a
$56.5 million land claim deal with the federal and Alberta governments.
"I don't know if we asked for too little. It must be something we've done if
we've moved this smoothly," Woodland band Chief John Cardinal said of the
tentative deal announced yesterday.
While the Woodland Crees' package was negotiated in 18 months, their Lubicon
counterpaerts -- the band many once belonged to -- have been trying to reach a
land-claim settlement with Ottawa since 1939.
But Alberta Attorney General Ken Rostad, the minister responsible for native
affairs, said yesterday the Lubicons have not been willing to compromise.
The province agreed in 1988 to set aside a 246-sq.-km reserve for the Lubicons
and Ottawa has offered the 500-member band $45 million in compensation for
lost oil and gas revenuess. But the band is holding out for as much as $200
million.
"The Woodland Cree never put forward such a claim," said Rostad, who suggested
the Lubicons should strike a land deal, then refer the compensation issue to
the courts.
Cardinal said 110 of the 628 members of the Woodland Cree band are former
Lubicons who left the band after talks with Ottawa broke off in January 1989.
But Lubicon Chief Bernard Ominayak has said the band was created by Ottawa to
undermine his band's land claim.
Under the agreement in principle with the Woodland Cree, Ottawa will provide
up to $35.19 million for construction of a new community, $13 milllion for a
socio-economic trust fund and $512,000 as cash in lieu of land.
The Alberta government has agreed to transfer 142 sq. km of land, including
mineral rights, to be set aside for reserves in the Cadotte Lake and Marten
Lake areas, northeast of Peace River, which is 486 km northwest of Edmonton.
Alberta will also kick in up to $8 million toward the settlement.
The settlement is subject to ratification by both governments and the band
membership.
* * * * *
Attachment #7:
Re-printed without permission from The Edmonton Sun, Friday, December 21, 1990
LUBICON OFFER CHANGE HINTED
The Woodland Cree land claim deal this week doesn't affect Ottawa's offer to
the Lubicons for now, said federal native affairs spokesman Bob Coulter.
But Coulter warned yesterday the offer could change if the number of members
in the Lubicon band has changed.
"The offer stands," said Coulter. "But it is based on there being roughly 500
entitled members in the band. There are 160 Lubicons now included in the
Woodland Cree agreement."
The Woodland Cree band formed after talks between the federal government and
the Lubicons broke off.
"The Lubicons have since added some more people and argue they are members
with entitlement. We would have to look at these numbers once we get back to
the negotiating table," said Coulter.
Robert Sachs, lawyer for the Lubicon band, said he isn't optimistic a
settlement will be reached because of a lack of political will.
The Lubicons have demanded more than $100 million in compensation or lost oil
and gas revenues and a 10,000-sq.-km. reserve. The band has been trying to
reach a land claim settlement with Ottawa since 1939.
The Woodland Cree will receive up to $35.19 million in principle under the
agreement. Another $13 million for a socio-economic trust fund and more than
$500,000 as cash in lieu of land has also been promised.
Alberta Attorney General Ken Rostad blamed the delay on the Lubicons this
week.
* * * * *
Attachment #8:
Re-printed without permission from The Edmonton Journal, Saturday, December
22, 1990
Editorial:
TIME FOR A LUBICON DEAL
Let there be no mistake about the cynical motivation behind Ottawa's
generosity to the Woodland Cree in northern Alberta.
Band members won a reasonable settlement at lightening speed, and good for
them. But they would still be a forgotten community in the northern bush if
most of them didn't happen to live on Secondary Road 686 a few kilometres away
from the Lubicon Lake Cree Band.
The Woodland Cree -- a new name for people who live primarily in Cadotte
Lake -- cleared hurdles in 18 months that the Lubicon and hundreds of bands
across Canada haven't been able to overcome in a generation.
Aboriginal people know that it's easier to move the Rocky Mountains than to
negotiate a land-claim settlement with the federal government. Bands with
legal status under the Indian Act have submitted 578 specific claims since
1973, but only 205 have been rejected or resolved.
The Assembly of First Nations asserted this summer that no more than 44 claims
have been settled to mutual satisfaction in the past 17 years, although the
Fort Chipewyan Cree, the Whitefish Lake and Sturgeon Lake bands in northern
Alberta have been successful. Progress has been slower with the large
comprehensive claims in the far north.
Ottawa rarely, if ever, recognizes the land entitlements of new bands. Non-
status native people are the nobodies of the Indian Act -- unless Ottawa
thinks they will serve as a good example to a stubborn band down the road.
According to the federal government's theory, Lubicon Lake band members will
look enviously at the two new Woodland Cree reserves, at the $35 million in
community construction money, at the $13 million for economic development and
the $512,000 cash payment. Perhaps, the argument goes, they will stop
claiming compensation for millions of dollars in resource revenue pumped from
their own land for years without their permission. Perhaps they will give in.
Congratulating the Woodland Cree on their achievement this week, Attorney
General Ken Rostad couldn't help wagging his finger at the Lubicons just like
his federal counterparts: "If anything, it shows confrontation doesn't work."
If anything, the new agreement shows that two levels of government will stoop
to divide-and-conquer tactics when all else fails.
This is not to say that the Woodland Cree didn't deserve a land-claim
settlement. They did, although perhaps they should have had more compensation
for lost energy revenue.
On the positive side, this agreement should set a precedent for the residents
of five other isolated communities in the northern wilderness between Peace
River and Fort McMurray: Trout Lake, Chipewyan Lake, Peerless Lake, Loon Lake
and Sandy Lake -- and perhaps for the non-status native people around Grande
Cache. These people deserve equal treatment.
But the Lubicon Lake Cree have waited too long, and fought too hard, to
surrender now, out of envy for their northern neighbour. It's time for a new
round of negotiations to end the stalemate --and both sides should stop being
so inflexible.