Pat Barford, CBC
Tonight on the CBC Alberta News Weekend edition -- charges of vote buying.
The Woodland Cree controversy continues.
There's more controversy tonight over the Woodland Cree land claims vote.
Last night we told you the Band members voted overwhelmingly in favor of
accepting a $56 million land claim deal with Ottawa. Tonight there are
charges of vote buying. Grant Gelinas reports.
Grant Gelinas, CBC
The Woodland Cree Band was born almost overnight in northern Alberta two
years ago in a storm of controversy. Ottawa organized the Woodland after a
neighbouring Band, the Lubicons, rejected Ottawa's final land claim offer.
Other Indian organizations across Canada refuse to recognize the Woodland.
But some Lubicons jumped to the Woodland Cree, and yesterday they voted to
accept essentially the same deal offered the Lubicons.
Fred Lennarson, Lubicon Lake Nation advisor
....this is blatant.
Gelinas
Today Fred Lennarson, an advisor to the Lubicons, is accusing the Woodlands
of buying off voters.
Lennarson
They were told that if the settlement agreement was accepted they would be
given $1,000.
Gelinas
Woodland Chief John Cardinal doesn't deny that, but says it's not vote-
buying.
Chief John Cardinal, Woodland Cree Band
Yeh, I guess that's...how outside people look at it. But we've got the
settlement and we agreed what was offered on the table and we're going to
continue on with our lives. I mean, I don't know why there's a big stink
about $1,000 distribution for the members.
Gelinas
Members were also given $50 for voting, for their travelling expenses. The
Woodland got a big turnout and only 3 people of 260 voted no.
Lennarson
They're not saying: "This is a big responsibility you have. The future of
your children and grandchildren, depends upon the decision you make. Think
about it very carefully before you cast your vote." They're rather
providing financial inducements to get people to vote, and secondly vote to
accept.
Gelinas
As well, Lennarson says $3 million a year the deal gives to the Woodland
for economic development isn't enough to provide permanent jobs for the
Band. Chief Cardinal says at least it's more than they have now. He
expects the Band to get its money in a few months. Grant Gelinas,
Edmonton.
* * * * *
Attachment #10: re-printed without permission from THE EDMONTON JOURNAL,
Tuesday, July 9, 1991
EDITORIAL
DIVIDING INDIANS TO RULE
Whenever Canadians begin to hope that Ottawa's relationship with aboriginal
people is rising above the shameful, something happens to hurtle us all
back down to the gutter. The bad, old days of paternalism just won't go
away.
The federal Department of Indian Affairs has just presided over a
referendum in northern Alberta in which a chief and council paid voters $50
cash on the spot for "expenses", whether they had travelled any distance to
the polling station or not. The Woodland Cree land claim ratification vote
had an 87 per cent turnout; 98.5 per cent of the voters supported the band
council's position, which just so happened to be the federal government's
position, too. Democratic principles can be as flexible as putty, can't
they?
The chief electoral officer for the plebiscite -- needless to say, a
bureaucrat from the all-knowing Department of Indian Affairs -- later said
the payments were not his concern. "All I do is ensure that people are
eligible to vote," he said.
Stop for a minute. Try to imagine an electoral officer in any other
Canadian election -- federal, provincial or municipal -- shrugging off cash
payments to voters at polling stations on voting day. It would never
happen. Yet the civil servants who "monitored" the Woodland Cree vote over
the weekend appear unperturbed by the double standard in Canadian voting
practices.
It's true that the Woodland Cree would probably have approved the offer of
a reserve whether or not they were paid $50 to vote, or were promised an
individual $1,000 payment after the cash settlement, but that isn't the
point.
Any offer was better than nothing for the majority of band members who
previously had no land, and no recognized treaty status. Given the poverty
in Cadotte Lake, the elders' experience with involuntary relocation a
generation ago, and the long stalemate in the neighboring Lubicon Lake
band's land claim, it would be unfair to criticize band members for voting
in favor of a bad deal. They certainly deserved a settlement of some kind,
and in their situation, many of us might have voted the same way.
That doesn't make the land claim deal, or the casual rules of the
referendum, right.
Ottawa's offer deprives the new band of its share of future oil and gas
wealth in the Peace Arch region, a rich geological formation that has been
yielding $300 million annually in royalties alone. The Woodland Cree
accepted a reserve at Cadotte Lake, away from the known oil and gas
deposits, in exchange for a $56 million development package. Most of that
money will disappear quickly as the band builds a community hall, new road,
piped water and sewer lines and up to 150 new houses to replace inadequate,
overcrowded homes; the smaller balance will be invested for future capital
projects and unspecified economic plans.
"We're going to benefit from this," insists Chief John Cardinal. "We're
talking about running water and proper heating in the houses." Fine, but
what will families in warmer houses do for an income once the limited
settlement is all spent? They'll be back where they started, with nothing,
watching the wealth of their traditional land flow south to Edmonton,
Calgary and beyond.
The blame for this deal belongs not with the band members, or even with the
chief and council, who decided together that half a loaf was better than
none. The blame rests with the federal government for deciding to punish
the stubborn Lubicon Lake band by rewarding a poor neighbor, and with the
Alberta cabinet for going along with the charade for considerable economic
advantage.
What an irony. Just as Constitutional Affairs Minister Joe Clark makes a
greater effort to include aboriginal people in critical constitutional
talks, the Department of Indian Affairs uses its old divide-and-conquer
techniques to subvert the legitimate aspirations of isolated, native
communities in the "back lakes" district of northern Alberta. Albertans
can take no pride in this land claim settlement, none at all.
* * * * *
Attachment #11: re-printed without permission from THE EDMONTON JOURNAL,
Tuesday, July 9, 1991
$59M SETTLEMENT CALLED 'WELFARE' FOR WOODLAND CREE
Helen Plischke
Journal Staff Writer
Cadotte Lake
The latest Alberta Indians to accept a federal land settlement have set
themselves up for a live of welfare, says a land-claim adviser to the
Lubicon Lake Band.
The $56-million package approved by the Woodland Cree Saturday provides no
opportunities for future economic development, said Fred Lennarson.
The Woodland Cree splintered from the Lubicon in 1989 and their settlement
is a move by the federal government to crush the Lubicon and their demands,
he said.
"(The agreement) is obviously inadequate...This will build the people new
homes in which to live on welfare. They will be like animals in a zoo.
There'll be in clean cages, but they'll be fed through the Canadian welfare
system."
About 98 per cent of the 268 Woodland members who voted endorsed the deal,
which includes 143 square km of land at Cadotte Lake, 60 km east of Peace
River, and $35-million for housing, roads and other infrastructure.
Woodland Chief John Cardinal said the 670-member band made the best deal
possible and he believes the band will prosper, although he admits it
doesn't have a long-range economic plan.
"Some people are saying (the settlement) is not enough. But what was there
before was nothing. Now we have something."
An economic plan is now a priority for the band, Cardinal said.
Over the next five years of housing and road development, some members will
learn trades, he said.
* * * * *
Attachment #12: re-printed without permission from THE EDMONTON JOURNAL,
Thursday, July 11, 1991
WOODLAND CREE LOOK TO FUTURE WITH CASH, LAND OF THEIR OWN
But their deal with Ottawa has left many families divided
Jack Danylchuk
Journal Staff Writer
Cadotte Lake
With the promise of thousands of dollars about to be delivered, members of
Alberta's newest Indian band are making wish lists.
Anna Thunder wants a washer and dryer. Deedee Williams will add a room to
the home he shares with Nancy Laboucan.
"I'm going to buy a lot of candy," said Joe Whitehead, an elder on the
Woodland Cree band council.
Whitehead's candy may prove to be the only sweet part of the band's
controversial land and cash settlement that has bitterly divided families
and northern communities, and isolated the new band from native
organizations.
"They'll soon regret it," predicted Lubicon Lake chief Bernard Ominayak,
who rejected a similar offer two years ago and saw the Woodland group form
from members of his band.
The more than 700 Woodland Cree were promised $1,000 each if they approved
the deal that delivers 142 square km of land with oil and mineral rights,
plus more than $52 million.
They voted overwhelmingly in favor of the deal last week and the settlement
bonus is expected to be paid later this month when the paperwork clears the
last bureaucrat's desk.
In the homes of many Woodland Cree band members, that will add up to a
fairly substantial "economic development," Chief John Cardinal said
Wednesday.
"Take a family of five, that's five grand. They go out and purchase a
fairly decent vehicle. That's economic development."
The $1,000 pre-vote cash offer has raised questions of ethical conduct, but
Cardinal said "every band distributes dollars to their membership. That's
Indian money and we handled it the best way we know."
Ominayak rejected any comparison between the $1,000 offer and royalty
payments some bands make to their members. "I don't recall ever hearing of
people being offered money to vote. I guess there's a first time for
everything."
Under the Woodland agreement, the band gets:
*A total of $19 million from Ottawa and Alberta to be held in trust and pay
band operating expenses.
*Reserve land of 142 square km, with subsurface rights -- but not to
existing discoveries -- plus $512,000 for 41 square km the band sold back
to the government.
*$3 million from the province for vocational training on the reserve.
*$28.8 million for community development -- roads, houses and running water
-- to be paid by Ottawa over the next five years.
Bob Coulter, spokesman for Indian Affairs said "we hope the settlement will
produce a higher level of employment and in the long run will result in
greater independence."
Over the next five years, Cardinal says grants for 120 homes, a water
system, and new roads will provide trades training and create employment
for band members.
"Life has changed here already," Cardinal said, glancing around the band
council meeting room, its walls decorated with aerial photographs marked
with red and blue markers showing the lot lines of a proposed new
subdivision.
* * * * *
Attachment #13: re-printed without permission from THE GLOBE AND MAIL,
Friday, July 12, 1991
CREE BAND GETS SAD NEWS ON CASH
Money paid in referendum deal will be subtracted from welfare
By John Goddard
Special to The Globe and Mail
CADOTTE LAKE, Alta. -- Members of the Woodland Cree Band, who thought they
were getting $1,000 each as a part of an agreement to extinguish aboriginal
land title, are slowly finding out that the equivalent amount will be
deducted from their welfare payments.
"We were never told," band member Beverly Sawan said this week, in the
latest development in a controversial land-rights process in Northern
Alberta. The money was paid to the Crees by the band leadership, who
denied they were buying referendum votes.
Normally, band members would be informed of the circumstances involving
welfare recipients, said Susan Williams, director-general of social
development for Indian Affairs in Ottawa, although she was not able to
confirm whether people have been told in this case.
"If you come into cash through earnings or whatever, you don't qualify for
the same level of social assistance," she said. "The fairness lies in that
they are being treated the same way as everybody else."
Dolly Letendre, welfare officer for the Woodland Cree, said members would
be informed soon. "I have the letter typed up," she said.
Under the land agreement ratified in a referendum organized by Indian
Affairs officials on the weekend, a 143-square-kilometre reserve is to be
established at Cadotte Lake, 600 kilometres northwest of Edmonton. The
band is to receive housing and infrastructure for 450 members at a cost of
$29-million over five years and a $19-million economic-development package,
while giving up rights to known oil deposits on reserve land.
The deal is controversial because the band is widely viewed among native
people as being artificially created by Ottawa to undermine the tough
aboriginal-rights position of the neighbouring Lubicon Lake Band. The
Woodland Cree Band was created two years ago from widely dispersed sources,
many of the recruits having tried unsuccessfully for years to obtain Indian
status.
In the two-day referendum conducted to seal the agreement, the band paid
voters $50 each and promised $1,000 to each member if the outcome proved to
be positive. Gary Wouters, director-general of Indian Affairs for Alberta,
said Wednesday he plans no review of the voting procedure.
Exactly how many of the 700 Woodland Cree members who will find their
payments channelled to welfare coffers cannot be released under federal
policy. But the welfare rate among members is high.
"The Woodlanders are a priority because they're good little Indians,"
Lubicon Chief Bernard Ominayak said yesterday. "The federal and provincial
governments are saying that they are nice guys and if they have nice
Indians to deal with they can come to an agreement. Meanwhile, a lot of
other native people have been waiting for years to have recognition of
bands and to have a fair settlement, and they are still waiting."
Chiefs throughout northern Alberta and parts of Saskatchewan, British
Columbia and the Northwest Territories, unanimously reaffirmed a decision
last week not to recognize the Woodland Cree.
* * * * *
Attachment #14: re-printed without permission from THE EDMONTON SUN,
Friday, July 12, 1991
BAND'S $1,000 GLITCH
Woodland Cree band members could find their $1,000 cash payment from a
recent land claim deal deducted from welfare cheques.
Garry Wouters, regional director general for Indian Affairs in Edmonton,
said last night the Northern Alberta band's council knew the money could be
deducted.
"We use provincial regulations in determining our authority in outlining
how we pay funds to Indians living on reserves," Wouters said.
But he said if the $1,000 per band member is used for home improvements
members won't lose any welfare money. The reserve is 360 km northwest of
Edmonton.
Wouters said it's standard for all natives on reserves to have per capita
payments counted as earned income.
The more than 600-member band was promised the cash after accepting a $54-
million land claim offer from the federal and provincial governments.
The band was formed in August 1989 after splitting from the Lubicon Lake
Band because natives were angry about slow land claim talks.
* * * * *
Attachment #15: re-printed without permission from WINDSPEAKER, July 19,
1991
WOODLAND SETTLEMENT ACCEPTED; 'PITIFUL SITUATION' -- OMINAYAK
By Amy Santoro
Windspeaker Staff Writer
CADOTTE LAKE, ALTA.
A "pitiful" situation has been created by Ottawa and the Alberta government
by "toying with people," says Lubicon Lake Chief Bernard Ominayak.
"Both Mulroney and the Alberta government should be ashamed of themselves,"
said Ominayak, following the acceptance of a land settlement by the
Woodland Cree Band.
"It's kind of sad the whole thing was operated by Indian Affairs to divide
and conquer the Lubicon people," he said.
The Woodland Cree voted overwhelmingly July 6 in favor of a $56-million
federal government package.
The Lubicon band rejected a similar offer in 1988 leading some disgruntled
members to split from the band.
Following a deadlock in negotiations with the Lubicons, Ottawa created the
Woodland Cree band using section 17 of the Indian Act in 1989. About 25
per cent of the band is made up of frustrated Lubicons.
The 700-member Woodland group will receive $1,0000 each later this month.
The cash was promised to them if the green light was given to the
settlement offer.
Of the 309 eligible voters 264 voted in favor of the deal which gives the
breakaway band a 142-km reserve at Cadotte Lake, 60 km east of Peace River,
subsurface rights (but not existing discoveries), a total of $19 million
from Ottawa and Alberta to be held in trust and to pay band operating
costs, $28.8 million for community development and $3 million from the
province for vocational training on the reserve.
The grand chief of the Assembly of First Nations is furious over Ottawa's
creation of the Woodland Cree Band "to overpower and then eliminate the
Lubicon Cree."
The government is using the Woodland Cree "as a Trojan horse to destroy the
legitimate rights of Chief Bernard Ominayak and the Lubicon band. The
newly created band will soon have nothing -- no money, no mineral rights.
It will be the newest victim of Indian Affair's divide and rule policies,"
said Ovide Mercredi.
Lubicon advisor Fred Lennarson said Ottawa has manipulated the Woodland
Cree to accept an offer which won't benefit future generations. "That's
why the Lubicons rejected a similar offer.
"They have subsurface rights on land with nothing. They'll have new houses
but they'll still be living on welfare. Cardinal is letting himself be
used to subvert his aboriginal brothers and sisters to get something for
himself," claimed Lennarson.
But Woodland Cree Chief John Cardinal is elated with the settlement. "The
land is ours. We'll have running water and new homes. Our lifestyle will
improve, we won't be living like they did 50 years ago anymore. We're
going to benefit from this."
Cardinal said he's not bothered Treaty 8 chiefs voted June 26 not to
recognize the Woodland as a legitimate band. "Recognized or not we were
born here. You can get carried away if you think about it but you have to
do the best you can. It's not a battle and we won't get political about
it."
Following formal signing of documents this summer or fall the membership
will discuss future development plans, he said.
* * * * *
Attachment #16: re-printed without permission from WINDSPEAKER, July 19,
1991
QUOTABLE QUOTE
"The disgusting situation where the government is trying to create a new
band, the Woodland Cree band, to overpower and then eliminate the Lubicon
Cree is just another example of bureaucratic immorality and
manipulation...Indian Affairs is attempting to use this so-called Woodland
Cree band as a Trojan horse to destroy the legitimate rights of Chief
Bernard Ominayak and the Lubicon Band. The newly-created band will soon
have nothing -- no money and no mineral rights. It will be the newest
victim of Indian Affairs' divide-and-rule policies." -- National Assembly
of First Nations Grand Chief Ovide Mercredi
* * * * *
Attachment #17: re-printed without permission from THE EDMONTON JOURNAL,
Sunday, July 21, 1991
A DEAL OR A STEAL?
BATTLE OF THE BANDS
The Woodland Cree have already seen the fruits from their settlement with
the federal and provincial governments, but the Lubicons, who rejected an
equivalent settlement, liken the Woodland Cree agreement to a dash-for-cash
with questionable long-term benefits
Jack Danylchuk
Journal Staff Writer
Cadotte Lake
Alberta native leaders have pilloried John Cardinal and refuse to recognize
his band, but the chief of the Woodland Cree just shrugs and laughs.
"Who is Treaty 8? Who is the Indian Association? What can they do?"
Cardinal scoffed.
"I was born here, I'm an Indian and it doesn't matter what they say, they
can't do anything to change that."
The chief of Alberta's newest band -- created, his critics say, by the
federal government to skewer the neighboring Lubicons and their land-claim
demands -- points instead to the benefits that have flowed to the community
of 350 at Cadotte Lake during the last two years.
Since 1989 when the Woodland Cree split off from the Lubicons led by
Bernard Ominayak, there has been a new fire hall and water treatment plant
for the settlement 400 km north of Edmonton.
"There were so many kids who were getting sick because of untreated water,"
said Cardinal, who describes living conditions in the isolated community as
little changed during the last 50 years.
Many of the one-room log cabins that housed the settlement, when it was
moved to Cadotte Lake from Marten River 30 years ago, are still standing
and some are still occupied.
Dusty gravel secondary road 686 has replaced the "rabbit trail" to Peace
River, "but we still chop wood to make a fire," said Cardinal.
"There is no running water. We're living the way people lived 50 years
ago. And that's quite an improvement."
The land and cash settlement with the federal and provincial governments --
accepted earlier this month by a vote of band membership -- promises to
bring significant changes to the lives of the Woodland Cree during the next
five years.
In addition to 142 sq. km of reserve land, the band will get $19 million
from the federal and provincial governments that will be placed in a trust
fund. The interest will cover the band's annual operating expenses.
There will be $3 million from Alberta for vocational training and $28.8
million for community development -- roads, houses and running water -- to
be paid by Ottawa during the next five years.
"This is a unique opportunity," says Cardinal, who owns the small corner
store which is the only retail outlet at Cadotte Lake.
"We're lucky that we became a band. Otherwise we would have been left in
limbo with nothing."
"Life has changed here already, and it's going to improve more. I'm a
status Indian today. I don't need money for dental, medical, or drugs. I
can hunt anytime I want to.
"We live on a reserve, so we're tax-free here."
But after the roads and houses are built, the long term future is less
certain for the community where unemployment is high and hunting and
fishing provide only subsistence living.
Cardinal readily admits that the Woodland Cree have no plan for economic
development beyond the kind of energy that housing and road construction
will generate. But he isn't concerned.
"We're in no rush; we're looking for a consultant and now that we have the
settlement we can take our time and come up with a plan in the next six
months or a year."
The Woodland Cree have subsurface rights but no revenue from existing
developments, oil, gas and forestry. Lubicon Chief Ominayak doubts that
they will ever see a dime from resource royalties.
"The land has been searched and researched for resources, so it's highly
unlikely that they will get anything from having subsurface rights," said
Ominayak.
Ominayak's Lubicons have refused a settlement similar to what the Woodland
Cree accepted. In January 1989, they rejected a land and cash offer of 90
sq. miles and $45 million.
"It looks like the same kind of offer they proposed to us," said Ominayak,
whose decision to reject the 1989 offer led to the creation of the Woodland
Cree.
The Lubicons wanted a share of the millions in resource revenue the
provincial government and oil companies have been pulling out of their
lands since the 1970s. They put a $170 million price tag on their
settlement, including an economic development fund.
"There was no money for economic development," he said. "If our members
wanted to pursue any kind of economic opportunity independent of the band,
we wouldn't be able to assist in any way because of ties and restrictions
on the money."
Estimates vary, but the Lubicons have lost 18 to 25 per cent of their
estimated 500 membership to the Woodland Cree. They stand to lose perhaps
another 10 per cent, if a band at nearby Loon Lake gains government
recognition.
The loss of members will result in a lower settlement offer to the
Lubicons, one that Ominayak -- disdainful of the Woodland deal -- seems
likely to reject.
"We knew the federal government was really trying to beat us down and we
see this as part of that," said Ominayak. "But if others get a certain
benefit through our efforts then that at least is something."
For the Woodland Cree, Ominayak predicts that after the houses are built
and the development money is gone, it will be unemployment and welfare as
usual at Cadotte Lake, unless the newly skilled tradesmen can find work
away from the reserve.
"The money will disappear awful fast -- then they are back to Square 1," he
said.
Unemployment is high at Cadotte Lake and throughout the isolated
settlements along secondary highway 686 between Peace River and Red Earth.
Fur prices are deeply depressed. Hunting and fishing provide only
subsistence living and most of the jobs -- clearing rights-of-way -- call
for unskilled laborers.
"Education is the biggest problem," said Cardinal, who went only as far in
school as Garde 4 and has trouble reading and writing. "I can sign my
name, but when I read, I have to go over some things I don't know how many
times to try and understand it."
Other people in the community "are about where I am," he said.
Education in the school built in the last decade at Cadotte Lake stops at
Grade 10, "but could go to Grade 12," said Cardinal, who understands it
also holds the key for band members who want to become tradesmen.
The provincial government is providing $3 million for vocational training
in Cadotte Lake "so we're hoping that some of our people can learn to be
carpenters, electricians, or plumbers."
The $28.8 million in infrastructure development money will provide training
and jobs for five years "and after that they can get employment elsewhere,"
he said.
Deedee Williams, an apprentice carpenter in Cadotte Lake, figures the house
construction work that comes with the settlement will allow him to get his
journeyman's papers.
"There'll be work here for a couple of years at least," said Williams, who
hopes his household will be among the 120 that will get one of the new
houses to be financed by the agreement.
The band office in Cadotte Lake bustles with activity. There are 15 jobs,
and records are being placed on a computer system, as the band gets ready
for a flow of money from the settlement.
There are already a half-dozen jobs at a construction site where the band
is building an equipment maintenance shed, and more jobs where a road is
being built into Marten Lake.
A hand-lettered sign tacked to the office wall proclaims the band's vision:
"We the Woodland Cree band will develop and maintain a self-supporting
community for our children which respects the individual, all people, the
environment and other communities."
Rhoda Lamouche, the band's transportation clerk, is proud of the band.
"We've gone from nothing to something," she said, but acknowledged the
strained relations with Lubicons who live just 20 km away.
"There's more hostility there than there is from here," she said.
At Little Buffalo, a lone woman answers the phone in the Lubicon's darkened
band office.
"Some people here are quite despondent," says John Goddard, a Montreal
writer whose book on the Lubicon will be published this fall by Douglas and
McIntyre.
Despite the setback that the Woodland settlement represents, Ominayak is as
determined as ever.
"We're not giving up," he said.
* * * * *
Attachment #18: re-printed without permission from ALBERTA NATIVE NEWS,
July, 1991
WOODLAND CREE VOTE YES TO $56M
By Deborah Shatz
Nearly two years after their creation, the Woodland Cree have voted to
accept a land claim package from the federal government. A referendum was
held over two days, with polling stations in four locations and the
response was overwhelming. After all the ballots were counted a resounding
98.5 percent of the members who voted had approved the $56 million
agreement. Voter turnout was also very high with 86.7 percent or 268 band
members voting.
Under the terms of the agreement the Woodland Cree will receive $28.8
million to be used over the next 5 years to develop their community with
such things as houses, roads and running water. An additional $19 million
will be held in trust from the federal and provincial governments to pay
for the band's operating expenses. A reserve of 143 square km is also
provided at Cadotte Lake, located 60 kms east of Peace River. The Woodland
are given subsurface rights to the land but not to existing discoveries.
The band has sold 41 square kms back to the government so their agreement
included the price of the land, $512,000. The deal also includes $3
million from the Alberta government to be used for on-reserve vocational
training.
Although the Woodland Cree members are pleased with their land claim
package, the package and their electoral process have come under fire.
Band Council paid $50 "travel expenses" to each member who voted and band
members were promised $1000 if the referendum was accepted.
The band itself continues to be ostracized from other Aboriginal groups and
organizations having been denied recognition from both the Grand Council of
Treaty 8 and the Indian Association of Alberta.
The Woodland Cree Band was created by the federal government using the
controversial Section 17 of the Indian Act which permits them to act
unilaterally. The band includes some former members of the Lubicon lake
First Nation, who were dissatisfied with the breakdown of their land claim
negotiation. Many believe that the federal government created the Woodland
Cree in an effort to "divide and conquer" the Lubicon, discredit them and
diminish their bargaining power.
The Grand Council of Treaty 8 First Nations recently reaffirmed their
decision not to recognize the Woodland Cree. Richard Davis, Vice President
of Treaty 8 explained that "it was felt that if the Grand Council
recognized the Woodland Cree then it would be as if they are condoning
Section 17 of the Indian Act." He indicated that the Council felt strongly
that bands should not be created because it suits the "agenda of the
federal government" but rather with "consensus of the parent band, chief
and band council."
He said that the Grand Council "cannot afford to be used as a tool of the
federal government...let the people involved internally sort out their own
problems."
John Cardinal, Chief of the Woodland Cree, issued the following statement:
The Woodland Cree Band includes treaty land entitlees who want to get
on with their lives and to them a land claim settlement in their
lifetime means hope for the future of their children. As a group
which includes people with unfulfilled treaty rights Section 17 of the
Indian Act has been a welcome provision. A provision which they have
utilized to help them negotiate what they feel is a just settlement.
The Woodland Cree Band feels that if they have paved the way for other
groups with unfulfilled treaty rights to become recognized bands as
per Section 17 of the Indian Act, not to be recognized by the Grand
Council of Treaty 8 Nations is small sacrifice. However they
sincerely hope that any further use of Section 17 is done co-
operatively with both the federal government and the parent band
involved with consideration of the rights and interests of the
existing band.
* * * * *
Attachment #19: re-printed without permission from ALBERTA NATIVE NEWS,
July, 1991
LENNARSON CRITICIZES WOODLAND CREE AGREEMENT
By Brian Savage and Deborah Shatz
Fred Lennarson, a spokesperson for the Lubicon band, characterizes the
turnout for the vote by the Woodland Cree which approved a land settlement
agreement with the federal government as a "bought election, pure and
simple."
"They were given $50 if they voted and $1000 if they voted the right way,
that's one way of getting a good turnout and the results you seek to
achieve."
The financial inducements to vote were highly unusual when compared to
other Indian band elections, says Lennarson.
"This is a Section 17 (of the Indian Act) created society. They're not
fooling anyone with this, everyone knows this is something created out of
wholecloth."
Woodland Cree Chief John Cardinal maintains however that his council was
not buying the election when it provided $50 to each member who voted in
their recent land claim referendum. He explained to the media that the
money was given as travel compensation or to help out if a person had to
miss some work in order to vote.
"It may look like we're buying votes," Chief Cardinal told the Canadian
Press "but that was not our intention...They could have come and voted 'no'
and we'd still have paid them. We had no way of knowing what they voted."
Cardinal also dispelled the notion that they bought votes by promising
$1000 to each band member provided the referendum was passed. According to
the chief, the money simply reflects each member's share of the settlement
deal.
The Chief Electoral Officer, Roger Cardinal who is an official with the
Department of Indian Affairs, is quoted as saying that "a lot of people
came from out of town and they got their gas money...The band took great
pains to ensure a person's right to a free vote was protected."
According to Lennarson, fallout of this agreement will be how Aboriginal
people will look at the federal government and its dealings with Native
people.
"What this does is make you look real close at anything that does look
good. These are not honourable men we're dealing with and I don't believe
them until or unless we have it locked in tight and in the bank."
As examples of the government's questionable dealing with Natives Lennarson
cites the breakdown of the land settlement with the Aboriginal groups in
the NWT where separate groups are now negotiating with the government, and
the James Bay Cree, where the federal government was found to be in default
but "the government ignores the arbitration."
"You shouldn't assume the problem is solved," remarks the Lubicon advisor,
"just because they say something half-decent once in a while."
After looking at the agreement the Woodland Cree have signed, Lennarson,
who says he had two lawyers go over the document, has many reservations
about the possible precedents it may have set.
"The agreement actually provides that if the land has some sub-surface
resources, they (the Cree) don't have any sub-surface rights, but for land
that doesn't have sub-surface resources the rights have been transferred."
According to Lennarson the Woodland Cree get "up to $35 million to build a
community, the same take it or leave it offer the Lubicon got.
"It doesn't say, we're giving you $400,000 to build a health unit, it says
'we have information that Health and Welfare may have money to do this and
we suggest that you go talk to Health and Welfare' -- the document is full
of ifs, ands and buts."
A breakdown of the money the Woodland Cree claim to receive is revealing,
explains Lennarson.
"They're given $19 million for what's called socio-economic development in
two funds, one's called capital funds in the amount of $15 million, the
other is revenue funds at $4 million."
The latter fund has provisions for per capita distribution per year up to
25 percent. If you take the figure of 500 people at the maximum of 25
percent each Cree would receive $2000 per year and the fund would be
depleted within four years.
"Two thousand dollars is not going to solve all your problems," says
Lennarson.
Lennarson says the document is not clear on the breakdown of the other
fund. It would appear $10 million goes into a bank account and the other
$5 million will be doled out over a five year period with interest being
ploughed back into the capital fund, probably at around four percent,
something similar to the Heritage Trust fund.
"Of the capital fund," says Lennarson, "they can spend up to a third of it
per year on economic development. That leaves about $7 million and it's no
longer earning the interest it was, and it's down to just over $3 million
the year after that if they do the same.
"Do you want to take on the responsibility of building an economy for $3
million a year over a three year period and support a population on $2000 a
year per capita distribution? Because that's what they got," claims
Lennarson.
Asked about the legal representation the Woodland Cree received, Lennarson
is scornful.
"The lawyer was selected, hired and paid by the Federal government. The
Woodland Cree were flown to Edmonton in a chartered plane and introduced to
their lawyer named Bob Young, from Calgary, in the offices of Indian
Affairs.
"It's really nice when you get a lawyer working for both sides of the
table, then you don't get any disagreements."
It is scenarios like this that make Lennarson upset.
"From my point of view they (the government) don't have any credibility at
all. What the chief of the Woodland Cree is saying is that 'others can
criticize us but we've got more than we had before'. The problem is
they're setting one hell of a precedent for the rest of the Aboriginal
people trying to negotiate land rights, and that's what the government
wants -- to undermine Aboriginal groups."
Chief Bernard Ominayak's reaction was one of sadness, according to
Lennarson, "that Aboriginal people can be used like this."
Lennarson believes that this agreement "will now be used in negotiations by
the government against the Lubicon's own land claims," something that
Lennarson finds offensive.
"They're setting up a precedent for Aboriginal people across the country
that Aboriginal land rights are worth no more than a house on a lake and a
life on welfare, and you have to understand if Aboriginal societies don't
protest this, the government can use section 17 to take apart any band in
the country."
People must make it known to the government that their actions are
unacceptable, says Lennarson, if they want any changes to be made.