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December 21, 1992
On December 10th Alberta Member of Parliament Ross Harvey asked
Federal Indian Affairs Minister Tom Siddon about E. Davie Fulton's
testimony before the Lubicon Settlement Commission. A copy of the
exchange between Messrs. Harvey and Siddon is attached as well as a
related press release.
Mr. Siddon's final comment to Mr. Harvey is worth noting. Mr. Siddon
says that compensating the Lubicons "for alleged loss of aboriginal
title to oil and gas lands...would amount to recognition that other
Bands in the area had no rights while those had been recognized under
treaty and would amount to over a $1 million for every family of four
in the Lubicon community".
While badly put Mr. Siddon seems to be suggesting, as he has in the
past, that the Lubicons no longer retain aboriginal title to
traditional Lubicon lands because of the outstanding treaty land
entitlement agreement recently signed by the Government with the
Government created Woodland Cree Band, which Mr. Siddon has earlier
claimed somehow has an "equal right" to traditional Lubicon territory
as a supposed Lubicon splinter group. Mr. Siddon does not say how
the Government orchestrated Woodland Cree settlement agreement
extinguishes Lubicon aboriginal rights to the traditional Lubicon
area, or how compensating the Lubicons for oil and gas extracted from
the traditional Lubicon territory "would amount to recognition that
other Bands in the area have no rights", or exactly what "other
Bands" he's talking about, or how $100 million in compensation for
500 Lubicons "would amount to over $1 million settlement for every
family of four".
On this last point Mr. Siddon is presumably saying that he doesn't
believe that there are 500 Lubicons left to worry about because his
Government officials think that they've siphoned off between 200 and
250 Lubicons to the newly created Woodland and Loon River Bands.
* * * * *
Excerpt from December 10, 1992, COMMONS DEBATES
ORAL QUESTIONS
Mr. Ross Harvey (Edmonton East): Mr. Speaker, I have a question for
the Minister of Indian Affairs and Northern Development.
Last month the Hon. E. Davie Fulton, the government's own former
investigator into the continuing plight of the Lubicon people,
publicly described their situation as a history of abuse.
He charged that promises had not been fulfilled, that government
representatives had said things they did not mean, abdicated
obligations, engaged in obfuscation and generally prevented any
settlement which may have ensured the Lubicons would not have
suffered so dreadfully. He said the Lubicon people are "desperately
in need of a sincere, honest and simple approach and response to
their problems and a process of honest and open negotiations with a
sincere desire to make a settlement."
When will the government heed Mr. Fulton's just counsel and begin to
negotiate a fair and just settlement in good faith with the Lubicon
people?
Hon. Thomas Siddon (Minister of Indian Affairs and Northern
Development): Mr. Speaker, of course I have every respect for the
Hon. Mr. Fulton and his advice of which I have taken careful note.
In fact I have spoken with Mr. Fulton on these matters.
I am sure he was not referring to efforts I have sincerely made over
the past 12 months, having met more than a half a dozen times with
Chief Bernard Ominayak of the Lubicon nation to find a solution to
this matter.
In the time available I can only tell the hon. member that we have
made a very generous and honourable proposal to the Lubicon people
which would build a new community, create an economic development
fund and provide additional incentives to settle exceeding $50
million which, together with the 95 square miles and additional
financial support from the province of Alberta, will be more than
adequate compensation for their grievance.
Mr. Ross Harvey (Edmonton East): Mr. Speaker, Mr. Fulton delivered
himself of these remarks on November 2, after the most recent
government offer was made, after the most recent meeting of the
minister with the chief of the Lubicon people.
Will the government at least accept the public conclusion stated on
November 2 by Mr. Fulton? That was that the Lubicon claim of $100
million in compensation is, again in his words, "justifiable on the
basis of the hardships they have suffered, the indignities to which
they have been subjected and the misery they have endured over these
past years through faults entirely other than their own."
Hon. Thomas Siddon (Minister of Indian Affairs and Northern
Development): Mr. Speaker, the significant offer I presented to
Chief Ominayak last summer and which I discussed with him on
subsequent occasions would more than adequately accommodate all of
the aspects of the Lubicon nation's needs, provide a brand new
community and significant financial compensation.
The additional $100 million the hon. member speaks of would be for
the alleged loss of aboriginal title to oil and gas lands. That
would amount to recognition that other bands in the area had no
rights while those had been recognized under treaty and would amount
to over a $1 million settlement for every family of four in the
Lubicon community.
* * * * *
December 10, 1992, New Democrat Communiqu
FOR IMMEDIATE RELEASE
BEST WAY FOR GOVERNMENT TO MARK HUMAN RIGHTS DAY
IS TO SETTLE WITH LUBICON INDIANS, SAYS HARVEY
OTTAWA -- Edmonton East NDP MP Ross Harvey said the best way the
Canadian government could mark International Human Rights Day -- and
today's launching of the International Year of the World's Indigenous
People at the United Nations -- would be to announce the end of their
campaign of eradication against the Lubicon Lake Cree Nation and the
beginning of sincere negotiations in good faith.
"For 50 years, the Lubicon people have been neglected, lied to,
abused, vilified and treated with destructive contempt," said Harvey.
"It's one of the worst human rights stains on Canada's checkered
record."
He noted that, appearing before the Lubicon Settlement Commission of
Review in Edmonton last month, the government's own former Lubicon
investigator, the Honourable E. Davie Fulton, termed the treatment of
the Lubicon a "...history of abuse".
Fulton investigated the Lubicon situation at the direction of then
Indian Affairs minister David Crombie in 1985.
In appearing before the Commission of Review, Fulton denounced what
he termed a situation where the Lubicons were "...promised, over 50
years ago, a settlement and a reserve that would have given them a
livelihood, set them up in that way so that they wouldn't have
suffered so dreadfully from the loss of their other form of
livelihood...promises which have not been fulfilled, which have been
stymied, which have met with obfuscation..."
He said, "The federal government took various steps which abdicated
the obligation that they had undertaken." And he concluded, "In
summary, I found people who were desperately in need of a sincere,
honest and simple approach to and response to their problems, and a
process of honest and open negotiations with a sincere desire to make
a settlement."
Harvey said he hoped fervently that Fulton's "wise and compassionate
advice" would be heeded by the government before it was too late, and
the Lubicon Lake Cree Nation was eradicated.
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