Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
December 12, 1992
Enclosed for your information is a copy of the latest form letter on
the Lubicons being sent to people by Canadian Federal Indian Affairs
Minister Tom Siddon, along with the replies of a couple of people who
clearly know better.
* * * * *
Form letter being sent out by federal Indian Affairs Minister Tom
Siddon to people writing the Prime Minister about the Lubicon Lake
Indian Nation
Dear (Writer):
This is in response to your letter to the Prime Minister concerning
the Lubicon Lake First Nation's land claim.
The Government of Canada recognizes a valid land claim by the Lubicon
Lake First Nation and, throughout the mandate of the current
government, has endeavoured to negotiate a just and generous
resolution of that claim. Despite my predecessors' and my determined
and best efforts, regrettably the claim remains unresolved.
In January 1989, Canada made the Lubicons a comprehensive offer to
resolve their claim valued at $45 million. The offer was in addition
to the 95 square miles of land the band had already agreed to accept
from Premier Getty resolving the land issue between the Lubicons and
the Crown. Canada's offer was rejected. It is interesting to note
that, in response to a complaint by the Lubicons, the United Nations
Human Rights Committee found that they had a valid claim but that
Canada's 1989 offer was an "appropriate remedy" to that claim.
There were no formal negotiations on the Lubicon claim for almost two
years until I initiated a meeting with Chief Ominayak in November
1991. The meeting was positive and further meetings between us were
held over the last nine months culminating in a new federal offer
which I gave to Chief Ominayak on July 24, 1992. The major elements
of the new offer included the following:
- A total of $53.3 million from Canada in benefits over five
years based upon Chief Ominayak's estimate of 500 band
members with 450 living on reserve.
- Of the $53.3 million, $38.3 million would be for construction
of a new community and include up to 120 new and relocated
houses, full water and sewer services, roads, electricity,
administration office, community hall, health centre, fire
station, school and a teachers' residence.
- $12.5 million would be made available to the Lubicons for an
expanded and more flexible economic development package.
- A $2.5 million incentive to settle was added to Canada's
previous offer.
- In addition to the federal offer, the Province of Alberta
continues to offer 95 square miles of land of which 79 would
include full sub-surface rights. The current value of the
land is $10.5 million. In addition, Alberta has offered $9
million in financing to date to help settle the claim.
- The new offer calls for binding arbitration based on an
agreed-upon question to resolve the band's claim to
compensation against Canada.
I firmly believe the offer is both fair and generous and I am
confident ongoing discussion will result in a final settlement.
In regard to your specific concern about the Lubicon Settlement
Commission of Review established by Alberta NDP leader, Mr. Ray
Martin, I can advise you that a copy of the new federal proposal has
been made available to the Commission by my officials for its
information. The new offer addresses all issues contained in the
Lubicon's settlement proposal given to me by Chief Ominayak in
November 1991. It would be inappropriate, however, for me to appear
before the Commission as you suggest in your letter so long as
negotiations are continuing with the band. I believe this claim can
only be resolved through direct negotiations with the Lubicon Lake
First Nation rather than in a public forum with a third party.
Consequently, my efforts will continue to be devoted to direct
negotiations with the First Nation.
I appreciate your writing about this complex and difficult social
issue which I can assure you the government remains committed to
resolving.
Yours sincerely,
Tom Siddon, P.C., M.P.
* * * * *
November 23, 1992, letter from Lubicon supporter Al Cox, Cos Cob,
Connecticut, U.S.A., to Tom Siddon
Honorable Mr. Siddon:
Your Oct. 28, 1992 response to my letter of July 29, 1992, addressed
to Prime Minster Brian Mulroney, has been received. You didn't
really need to bother sending me the recapitulation of your continued
propaganda that tries to convince the public that black is white;
that your "best offer" is fair; that you bargain in "good faith";
that the UN Human Rights Committee let the Government of Canada off
the hook; and that blame for the lack of a settlement rests with the
Lubicon people, their Chief and his advisors!
For the past nine years I have relentlessly following the situation
regarding the Lubicon land claim:
- the exploitation of resources on unceded aboriginal Lubicon
lands;
- the incredible inability of the Canadian court system to
protect the Lubicon people;
- the destruction of the Lubicon economy and culture;
- the duplicity of both the provincial and federal governments;
- the efforts to subvert the Band leadership and siphon away
Band members by artificially creating new "Bands".
It is amazing to me that you have never chosen to reply substantially
to the counter offer which the Lubicon Band laid before you. That
offer would provide the base for economic development to replace the
one that has been destroyed by oil, gas and logging developments on
their unceded aboriginal lands. Your current offer is neither fair
nor generous!
If this land claim were one of recent origin - similar to some
recently-entered land claims in this country - there might be some
room for debate. However, for the Canadian government to have
acknowledged in 1939 that the Lubicon lands remained unceded
aboriginal lands gives the lie to your current claims that the
Lubicons have no right to the billions of dollars of resources which
have been taken from their unceded aboriginal lands.
I weep over the destruction of Lubicon life and culture, and for
those whose lives have been prematurely snuffed out by disease,
accidents, and depression. Surely, there is both compassion and
generosity somewhere in the Canadian governments. If not, at least
there should be a commitment to justice - a commitment which is
absent from all of your proposals for settlement. You would not be
"giving" the Lubicons anything. What is rightfully theirs has
already been taken from them!
I trust the Canadian Government can do a lot better than it has.
* * * * *
December 3, 1992, letter from Lubicon supporter John Hamer, Red Deer,
Alberta, to Tom Siddon
Dear Mr. Siddon:
Thank you for your November 26 letter regarding the Lubicon Lake
Indian Nation. I regret to say that nothing you wrote convinced me
that the federal government intends to stop its ongoing violation of
Lubicon human rights. Your reference to the Lubicon complaint to the
United Nations Human Rights Committee makes that clear. To claim, as
you do, that the Committee specifically referred to Canada's 1989
offer as an appropriate remedy is dishonest.
Committee officials themselves have interpreted the term "appropriate
remedy" to be "deliberately vague wording so that both parties can
interpret it in their own way and get back to the bargaining table".
This was reported in the Globe and Mail and the Ottawa Citizen on May
4, 1990, and the Edmonton Journal on May 10. I would appreciate it
if you would send me the portion of the UN report that points to
Canada's 1989 offer as the "appropriate remedy".
It did not go unnoticed that after almost two years of the federal
government's abandonment of its fiduciary responsibility for Lubicon
concerns, your initiative to meet with Chief Ominayak coincided with
the beginning of the Daishowa boycott and the Chief's mission to
Japan. This gives the impression that if the Lubicons would only
shuffle quietly away into oblivion, you'd be happy to let them. What
were you doing for the missing two years while, according to the UN
Human Rights Committee, Lubicon human rights continued to be violated
under article 27, and still do, because, to quote the Committee,
"historical inequities and more recent developments threaten the way
of life and culture of the Lubicon people"?
Does the UN Human Rights Committee finding that the Lubicon people
"cannot achieve effective legal redress within Canada" still stand?
I would appreciate it if you would send me information showing that
this situation has been rectified. If the Committee's finding still
stands, then could you explain how binding arbitration to resolve the
Lubicon claim to compensation against Canada will be conducted.
I am sorry to see that you are reluctant to appear before the Lubicon
Settlement Commission of Review. As you know, the Lubicon struggle
for fair treatment, and the federal government's attempts to deny it,
have been public knowledge in Canada and around the world for quite
some time. The longer this ugly state of affairs is allowed to
continue, the more people become aware of it. What harm could there
be in open discussion of a human rights issue which, for too long,
Canada has attempted to cover up with a transparent and failed
propaganda campaign?
This is not, as you describe it, a complex and difficult social
issue. This is simply the theft of Lubicon land, resources and a
crime against humanity. Please respond at your earliest convenience.