Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
June 01, 1993
On April 26, 1993 Lubicon Chief Bernard Ominayak received a telephone
call from the office of new Alberta Native Affairs Minister Mike Cardinal
requesting a meeting for Mr. Cardinal with the Chief. In context Mr.
Cardinal was clearly responding to a variety of pressures to do something
about the Lubicon situation resulting from the Daishowa boycott, Lubicon
Settlement Commission recommendations, a pending, closely contested
Provincial Government election and several hard-hitting newspaper columns
by a persistent Edmonton writer and broadcaster named Fil Fraser who was
aggressively criticizing Mr. Cardinal for failure to follow-up on a
public commitment made by Mr. Cardinal a month earlier to meet with the
Chief. A meeting between Mr. Cardinal and the Chief was agreed for the
following day.
The April 27th meeting between the Minister and the Chief was very
positive and business-like, with Mr. Cardinal purposefully creating the
distinct impression that he had consulted new Alberta Provincial Premier
Ralph Klein beforehand. In fact it's hard to imagine Mr. Cardinal saying
the things he did during the meeting without first consulting Mr. Klein.
Mr. Cardinal told the Chief "This (Klein Government) is a new
Government". He said "We're prepared to look at Lubicon requirements".
He asked "What have we got to do to settle?"
Mr. Cardinal and the Chief discussed the commitments made to the Lubicons
earlier by former Provincial Premier Don Getty. Mr. Cardinal told the
Chief that the Alberta Provincial Government is prepared to honour Mr.
Getty's previous commitments to the Lubicons. And, Mr. Cardinal said, he
was personally prepared to work on anything else required to achieve a
settlement of Lubicon land rights.
Mr Cardinal and the Chief also discussed Lubicon settlement proposals
which Mr. Cardinal described as "reasonable" -- including the Lubicon
position on financial compensation. He said that he was prepared "to
work on (a Provincial Government contribution to) compensation for
ruining the lifestyle of a people" in an amount known to be acceptable to
the Lubicons. He said that he was confident that he could convince his
Cabinet colleagues to approve what's necessary to achieve a settlement of
Lubicon land rights. Obviously referring to the pending Provincial
Government election Mr. Cardinal said "If it doesn't work we've got to
solve it or we won't be governing".
Mr. Cardinal asked the Chief for a letter itemizing Premier Getty's
previous commitments and also specifying what else would be required to
achieve a full settlement of Lubicon land rights. The Chief faxed Mr.
Cardinal the requested letter that same evening.
The Chief was out of the country the next week meeting with members of
the European Parliament about an EP resolution supporting the
recommendations of the Lubicon Settlement Commission. He hoped to hear
back from Mr. Cardinal upon his return to Alberta the following week but
heard nothing.
On May 18th a Provincial Government election was called for June 15th.
During a talk show on May 19th Alberta Premier Ralph Klein responded as
follows to a caller criticizing Mr. Cardinal's lack of follow-up on the
April 27th meeting:
"...I don't know the details of Mike Cardinal's meeting with
Bernard Ominayak. But I know that Mike is a very caring,
sensitive individual who happens to come from that region of the
Province, is a treaty Indian, is a Minister of the Crown, is
responsible for Native Affairs. And I would assume that whatever
Mike is doing, that he's doing it in the best interests of his
Ministry, his responsibilities and in the best interests of the
Lubicons. It may not be satisfactory to the caller -- who by the
way has called me about three or four times on other shows on this
particular issue and we have agreed to disagree on practically
everything, including, by the way -- and I'm going to get this off
my chest -- the absolutely dishonest network of propaganda that
went around the world relative to the Lubicon issue as it related
to the (1988) Olympic Games and that phenomenal show called "The
Spirit Sings". When there were actual press releases out of
Edmonton, out of Edmonton, from the consultant to the Lubicons,
who talked about genocide, who talked about the destruction of
herds of grizzly bears. Now has anybody ever heard of a herd of
grizzly bears? Press releases that left the impression that the
Lubicon Nation was right at the edge of the City of Calgary, was
right on the borders of the City of Calgary. So much so was this
information false and misleading that I had to travel with a
Siksika, a Blackfoot friend of mine -- Adrian Stimson -- to many
European cities to hold news conferences to say, "Look it, these
are the facts"."
(Needless to say no Lubicon "press releases out of Edmonton" or any place
else ever talked about "herds of grizzly bears". Moreover Ralph Klein's
European junket on behalf of the 1988 Calgary Winter Olympics was a PR
disaster, with Mr. Klein's muppet-like charm and ready quips -- which
inexplicably seem to work so well in Alberta -- generally failing to
amuse the more fact and issue-oriented Europeans. Lubicon mail-outs on a
Provincial Government proposal to shoot grizzly bears at a key Olympic
site, the undoubted origin of Mr. Klein's ridiculous "herds of grizzly
bears" charge, are attached for your information, as are copies of a
couple of selected newspaper articles on Mr. Klein's fractious press
conferences in Europe.)
The next day, May 20th, and partly out of concern over Premier Klein's
apparent lack of knowledge about what had been discussed during the April
27th meeting, Chief Ominayak asked Lubicon advisor Fred Lennarson to
phone Mr. Cardinal's office and inquire as to when Mr. Cardinal would be
responding to the letter which Mr. Cardinal requested and received from
the Chief on April 27th. Mr. Lennarson was told that Mr. Cardinal was
out campaigning but would be checking in by phone, that he would be asked
when he phoned about the status of Chief Ominayak's April 27th letter and
that Mr. Lennarson would receive a call back later that same day.
Not hearing anything back that same day Mr. Lennarson phoned Mr.
Cardinal's office again the following day, Friday, May 21st. He was told
that Mr. Cardinal had discussed the status of Chief Ominayak's April 27th
letter with his Assistant Tom Ghostkeeper but that Mr. Ghostkeeper was
taking "a holiday day" and consequently wasn't available to report on
what Mr. Cardinal had said. The person answering the phone in Mr.
Cardinal's Ministerial office at the Provincial Legislature in Edmonton,
a woman named Pam, promised to check on the status of Chief Ominayak's
April 27th letter and get back to Mr. Lennarson either later that same
day or early the following week.
The following Wednesday, May 26th, Pam phoned and advised that Mr.
Cardinal had sent the Chief a letter the day before supposedly responding
to the letter which Mr. Cardinal had requested and received from the
Chief on April 27th.
On May 31st, over a month after having received the Chief's April 27th
letter, the Chief received a letter from Mr. Cardinal "confirm(ing) that
the Government of Alberta is prepared to honour the terms of the accord
reached at Grimshaw regarding the establishment of a 95 square mile
reserve", indicating that "there is some question as to the exact nature
of past discussions (with former Premier Getty) regarding other matters"
but that Mr. Cardinal is "prepared to explore any proposals which, within
reasonable cost, would assist the Lubicon people in regaining self-
sufficiency", and proposing, "as the next step, (that Mr. Cardinal would)
meet with the Honourable (sic) Tom Siddon in order to determine whether
there is any room for similar flexibility on the part of the federal
government".
No steely-eyed political axioms here about what happens to politicians
who fail to solve problems, no more reassuring talk about the
"reasonableness" of Lubicon settlement proposals, no mention at all of a
significant Provincial Government contribution to financial
compensation -- only a hideously transparent feint in the direction of
the Lubicons sufficient to enable Klein, Cardinal and Co. to tell critics
that they're doing something about the continuing Lubicon tragedy when in
fact they're doing nothing but contributing to growing Lubicon problems.
The political axiom really involved on Mr. Cardinal's part, it seems
clear, is not that politicians who don't solve problems won't be
governing, but that politicians who don't deceive the electorate by
creating the illusion of solving problems won't be governing.
It's unlikely in the extreme that Mr. Cardinal is contemplating a meeting
with Mr. Siddon before the June 15th Provincial election. What happens
following the Provincial election is anybody's guess, but it's not very
likely that settlement of Lubicon land rights will suddenly take on
hitherto non-existent priority in a re-elected Klein Government -- if in
fact the Klein Government is re-elected.
As for Mr. Cardinal "meeting with the Honourable (sic) Tom Siddon to
determine whether there is any room for similar flexibility on the part
of the (current) federal government", Mr. Cardinal has to be kidding.
Aside from demonstrably sharing with the Province the obvious objective
of trying to deflect criticism by seeking to create an illusion that
something positive is being done, when in fact the opposite is the case,
the Federal Government's position on the Lubicon situation is well known
to anyone who has paid any attention at all. To quote one of the lawyers
hired by the Federal Government to create the Woodland and Loon River
Bands -- a Calgary lawyer by the name of Ward Mallabone -- the Federal
Government's objective in all of this is purely and simply the
"elimination" of the Lubicon people.
As for Mr. Cardinal's stated willingness "to explore any proposals which,
within reasonable cost, would assist the Lubicon people in regaining
self-sufficiency", it's frankly very hard to take Mr. Cardinal either at
his word or very seriously.
Lubicon proposals for "regaining self-sufficiency" were previously
"explored" for nearly a year with Provincial Government negotiators who
now report to Mr. Cardinal. There can be no doubt that these Provincial
Government negotiators know Lubicon proposals for "regaining self-
sufficiency" backwards, forwards, upside down and inside out. So what's
left to explore? Moreover, as part of this process former Alberta
Provincial Premier Don Getty personally reviewed Federal settlement
proposals and publicly agreed that Federal settlement proposals are
"deficient" in the area of the Lubicons "regaining self-sufficiency" --
and that Lubicon proposals for "regaining self-sufficiency" are basically
reasonable.
Before being "explored" for nearly a year by Provincial Government
negotiators, Lubicon proposals for "regaining self-sufficiency" were
explored for nearly a year by Federal Inquiry Officer E. Davie Fulton --
who also concluded that Federal settlement proposals would not allow the
Lubicon people to "regain self-sufficiency" and that Lubicon proposals
for "regaining self-sufficiency" are basically reasonable.
Most recently Lubicon proposals for "regaining self-sufficiency" have
been "explored" for yet another year by an independent Lubicon Settlement
Commission which also found Federal settlement proposals for "regaining
self-sufficiency" to be inadequate and Lubicon proposals to be basically
reasonable.
Mr. Getty's conclusion about the "deficiency" of Federal settlement
proposals in the area of the Lubicons "regaining self-sufficiency" is a
matter of public record. His proposals to remedy that "deficiency" --
basically consistent with Lubicon proposals for "regaining self-
sufficiency" -- are largely in writing and available.
Mr. Fulton's conclusions are also in writing and available, as are the
conclusions and recommendations of the Lubicon Settlement Commission.
Lubicon proposals for "regaining self-sufficiency" have thus been
"explored" ad infinitum while the Lubicons have continued going down the
drain -- a fact which is of course not lost on those who propose to
continue "exploring" Lubicon proposals for "regaining self-sufficiency"
until the whole question of the Lubicons "regaining self-sufficiency" is
effectively rendered moot by the final extinction of the Lubicon society
as a functioning, definable, independent aboriginal society.
Obviously what's required at this point is not further endless
"exploration" of Lubicon proposals for "regaining self-sufficiency" but
decision, action and settlement of Lubicon land rights -- something which
Mr. Cardinal seemed to appreciate during the meeting on April 27th but
which is certainly not reflected in the lackadaisical timing or vacuity
of his May 25th letter.
* * * * *
Attachment #1: April 27, 1993, letter from Chief Ominayak to Mike
Cardinal
The Hon. Mike Cardinal
Minister responsible for Native Programs
Legislative Buildings
Edmonton, AB T5K 2B6
Fax: 403-427-0954
Dear Mr. Cardinal:
As per our discussion this morning the Lubicon people understand that the
Province of Alberta is prepared to honour Premier Getty's earlier
commitments to the Lubicon Lake Nation, and that you personally are
prepared to work with the Lubicon people and your Cabinet colleagues to
achieve a mutually acceptable resolution of Lubicon land rights. The
Lubicon people welcome your initiative and look forward to working with
you and your Cabinet colleagues to achieve a satisfactory resolution of
this long-outstanding injustice.
In addition to implementing the provisions of the Grimshaw Accord with
regard to establishment of a 95 square mile Lubicon reserve, Premier
Getty's other offers were basically designed to bridge the gaps in
Federal settlement offers. The Lubicon people continue to consider this
a workable approach, assuming that the Federal Government is prepared to
honour the commitment made by Mr. Siddon in Little Buffalo Lake last June
5th to use the cost estimates provided by the independent cost assessor,
jointly commissioned by the Federal Government and the Lubicon Lake
Nation, with regard to basic community facilities, community
infrastructure and residential housing.
Basic community facilities and infrastructure which remain outstanding,
and which will have to be covered for there to be a settlement, include
an old people's home, a community recreation centre, a community hall, a
natural gas utility, a community satellite dish and transmitter, a
community refuse incinerator, four 48 passenger school buses, a public
works storage building and a combination fire hall, police station, lock-
up and court house. The Province may be able to help with some of these
outstanding items, as in the case of the police station, lock-up and
court house -- which the Federal Government argues should be a shared
Federal/Provincial responsibility anyway -- and in the case of the
natural gas utility, where the Province previously had a subsidy program
for rural communities -- both on and off-reserve -- which has now been
"frozen".
Premier Getty's other commitments to the Lubicon people were:
- Alberta would supplement Canada's offer through existing
Provincial Government programs including a commitment of $1
million for the construction of an access road to the new
Lubicon reserve, and "up to $3 million for an employment and
training program for Band members". (Premier Getty made clear
that these dollar amounts were estimates only, and that, in the
Premier's words, "construction be guaranteed as to complete
projects rather than a dollar amount." The Premier also made
clear that the "up to $3 million" was specifically committed to
the construction of an on-reserve combined community
shop/vocational training centre, indicating that the
jurisdictional issue raised by the Province agreeing to build
an on-reserve vocational training facility would have to be
worked out at the technical level.)
- Alberta would provide $1 million a year "for a period of ten
years for the purpose of socio-economic development". (Premier
Getty made clear that this $10 million dollar Provincial
Government contribution was intended to supplement Federal
funds committed to finance detailed Lubicon commercial and
agricultural development proposals.)
- The Premier indicated that he was prepared to seek Cabinet
authority to commit up to a maximum of $60 million in
Provincial funds for financial compensation. (There was no
discussion of how or over what period of time this money would
be provided but the proposal you made this morning to provide
it at the rate of $6 million a year for a period of 10 years is
acceptable to the Lubicon people, provided that this amount,
similarly provided, is matched by the Federal Government.)
- Alberta would implement the wildlife management and
environmental protection agreement negotiated between the
Provincial Government and the Lubicon Lake Nation.
- Lastly, respecting releases, Premier Getty indicated that
Alberta would want to be released fully of any additional
obligations by both Canada and the Lubicon Lake Nation. (This
position on Alberta's part will have to be worked through in
light of the Lubicon position that the Lubicon people are not
prepared to sign a blanket release of Constitutionally
recognized and protected aboriginal rights but only releases
for those things specifically ceded -- such as sub-surface
rights in all of the traditional Lubicon territory except for
the 79 square miles agreed at Grimshaw-- in exchange for those
things specifically provided.)
Should you need anything further or have any questions you can reach me
at 629-3745 or Fred Lennarson at 436-5652.
* * * * *
Attachment #2: THE EDMONTON JOURNAL, Wednesday, May 19, 1993 (not
attached in the electronic version)
* * * * *
Attachment #3: Excerpt from CBC Wild Rose Forum (1:00 P.M.)
Wednesday, May 19, 1993
John Hanlon, CBC Wild Rose Forum, with Guest Alberta Premier Ralph Klein
Red Deer resident John Hamer: I wouldn't vote for Ralph. I think if
Ralph is in then human rights are out in this province. I'm referring to
the Lubicon issue. I see that Mike Cardinal was on television talking to
Fil Fraser saying that he was willing to meet with the Lubicons. A month
went by. Nothing happened. The only time that Mike got off his duff to
do anything was when Fil Fraser wrote a column in the EDMONTON JOURNAL.
The following day Mike was out there talking to the Lubicons. And then,
of course, since then there's been nothing else. I'm just wondering if
Ralph has any problems with the U.N. Human Rights Commission coming to
Alberta to settle this problem.
PREMIER RALPH KLEIN: If there is a way, or an organization, or a group
wanting to make a proposal to settle the Lubicon problem -- which is not
entirely an Alberta problem but it is to some degree, of course, a
federal problem -- then I would welcome it. And I would welcome the
opportunity to talk once again with Bernard. I haven't spoken to him,
nor has he requested to speak to me, since the Olympic Games in Calgary
in 1988 when they had the boycott of "The Spirit Sings".
HAMER: I see. Do you have any control over your ministers? I'm
wondering why Mike Cardinal would be stonewalling this issue.
KLEIN: Well, I don't know if he's stonewalling it or not. But I don't
think he is. Mike is a treaty Indian himself. Why would he want to
stonewall the issue?
HAMER: Because he's a Conservative, maybe?
KLEIN: Oh my God, I think that that is a terrible, terrible thing to
say.
HAMER: Oh it is?
KLEIN: Yes, it is. Absolutely. Look, I have as much compassion, more
compassion, for Native people. You know, I speak a bit of the Blackfoot
language. I'm a member of the Siksika Brotherhood. I participate in
Native healing ceremonies and prayer ceremonies...
HAMER: Well...
KLEIN: Now just a moment. I'm a Conservative and don't tell me because
I'm a Conservative I don't have feelings. That is a terrible thing to
say.
HAMER: Oh, Ralph, don't grandstand.
KLEIN: That is -- I'm not grandstanding.
HAMER: You are.
KLEIN: What you have said is almost racist.
HAMER: Oh my goodness, Ralph, my heart bleeds for you. And I'm not a
Liberal.
KLEIN: My heart bleeds for you, too.
HAMER: I'm not a Liberal, Ralph. But I'd like to know...
KLEIN: No, you obviously aren't.
HAMER: ...if you're so concerned...
KLEIN: What are you then?
HAMER: ...if you're so concerned, Ralph, why didn't you get together
with Mike Cardinal and tell him to get on to the issue instead of
allowing him to stonewall and fool around with the issue? This is an
important human rights issue.
KLEIN: Of course.
HAMER: This is a world-wide human rights issue...
JOHN HANLON, CBC: Hasn't this been going on for a long time?
KLEIN: It's been going on for a long time. Absolutely. And I'll follow
this up with Mike. But I simply don't buy this guy's claptrap. I really
don't.
HAMER: Thank you. Thank you, Ralph. That's very Premier-like of you.
KLEIN: Well, it was very, very uncouth of you to come across the way you
did.
HAMER: Thank you, Ralph.
HANLON: Thank you very much for the call, Red Deer. Mr. Klein, just
briefly, when do you think we're going to see this wrapped up to
everybody's satisfaction?
KLEIN: As I said to the caller, I'm willing to sit down with Bernard
Ominayak at any time. Bernard hasn't asked me for a meeting. I don't
know the details of Mike Cardinal's meeting with Bernard Ominayak. But I
know that Mike is a very caring, sensitive individual who happens to come
from that region of the province, is a treaty Indian, is a Minister of
the Crown, is responsible for Native Affairs. And I would assume that
whatever Mike is doing that he's doing in the best interests of his
ministry, his responsibilities and in the best interests of the Lubicons.
It may not be satisfactory to the caller -- who by the way has called me
about 3 or 4 other times on other shows on this particular issue and we
have agreed to disagree on practically everything, including, by the
way -- and I'm going to get this off my chest -- the absolutely dishonest
network of propaganda that went around the world relative to the Lubicon
issue as it related to the Olympic Games and that phenomenal show called
"The Spirit Sings". When there were actual press releases out of
Edmonton, out of Edmonton, from the consultant of the Lubicons, who
talked about genocide, who talked about the destruction of herds of
grizzly bears. Now has anybody ever heard of a herd of grizzly bears?
Press releases that left the impression that the Lubicon Nation was right
at the edge of the City of Calgary, was right on the borders of the City
of Calgary. So much so was this information false and misleading that I
had to travel with a Siksika, a Blackfoot friend of mine -- Adrian
Stimson -- to many European cities to hold news conferences to say,
"Look it, these are the facts."
* * * * *
Attachment #4: Series of articles distributed in 1986 on the Calgary
Winter Olympics and killing off of grizzly bears (not attached in the
electronic version)
* * * * *
Attachment #5: A couple of articles distributed in 1987 on Klein's
European tour (not attached in the electronic version)
* * * * *
Attachment #6: May 1993 ALBERTA NATIVE NEWS article
LUBICON CHIEF MEETS WITH EUROPEAN PARLIAMENT
By Dale Stelter
Lubicon Chief Bernard Ominayak and Lubicon band adviser Fred Lennarson
recently returned from a trip to Europe that saw them meet with members
of the European Parliament, and representatives of the government of
Holland.
In meeting with the members of the European Parliament in Brussels,
Belgium, Chief Ominayak and Lennarson discussed the situation faced by
the Lubicon, who have been trying for over 50 years to get a settlement
of their land rights dispute. The recently-released report of the
Lubicon Settlement Commission of Review, an independent citizens' panel
that urged a rapid settlement of the Lubicons' land rights dispute, was
also discussed.
There is currently a resolution before the European Parliament in support
of the recommendations of the Lubicon Settlement Commission of Review's
report. There is a similar resolution before the parliament of the
Austrian government, and people in Holland are working on one to go
before the Dutch government.
While in Holland, Chief Ominayak and Lennarson met with members of the
Green Party, representatives of the Dutch human rights commission, and
members of the Dutch foreign office (the equivalent of, for example,
Canada's Department of External Affairs).
Fred Lennarson said that in the meetings with the Dutch foreign office
and the European Parliament, he and Chief Ominayak had to counter
disinformation given out about the Lubicon situation by an official with
the Canadian Department of Indian Affairs, who had previously been in
Europe.
The nine-day Lubicon trip was hosted by a Dutch group called Nanai, an
organization of people concerned with the survival of indigenous peoples.
Chief Ominayak and Lennarson also met with other indigenous support
groups, and made some public education presentations.
In related news, Alberta's Native Affairs Minister, Mike Cardinal, met
with Chief Ominayak before the European trip. Cardinal asked Chief
Ominayak to identify gaps in the federal government's settlement offer to
the Lubicons, plus commitments made to the Lubicon by former premier Don
Getty, which the provincial government will support.
The meeting took place in the Lubicon community of Little Buffalo Lake,
and was also attended by Pearl Calahasen, a Native Progressive
Conservative MLA who,if successful in the upcoming election, would
represent the Lubicon due to the restructured riding boundaries.
Chief Ominayak fulfilled Cardinal's requests in writing, and the Lubicon
are now waiting to hear back from the minister.
* * * * *
Attachment #7: May 25, 1993, letter from Mike Cardinal to Chief Ominayak
Dear Chief Ominayak:
I would like to thank you, your Council and the elders for meeting with
me on April 27, 1993, in Little Buffalo. As I indicated to you during
our meeting, I am prepared to work with the Lubicon people in attempting
to achieve a fair and reasonable settlement of the Lubicon land claim.
In reply to your letter of the same date, I would confirm that the
Government of Alberta is prepared to honour the terms of the Accord
reached at Grimshaw regarding the establishment of a 95 square mile
Reserve for the use and benefit of the Lubicon people. While there is
some question as to the exact nature of past discussions regarding other
matters, I would assure you that I am prepared to explore any proposals
which, within reasonable cost, would assist the Lubicon people in
regaining self-sufficiency.
In this regard, I intend, as the next step, to meet with the Honourable
Tom Siddon in order to determine whether there is any room for similar
flexibility on the part of the federal government.
Yours truly, Mike Cardinal, Minister, M.L.A., Athabasca/Lac La Biche
* * * * *
Attachment #8: Transcript of CBC Radio News Broadcast (5:30 P.M.)
Tuesday, June 01, 1993
CBC Radio
Alberta's Minister of Social Services says he wants to meet with the
federal Minister of Indian Affairs to help settle the Lubicon Indians'
land claim. Mike Cardinal made the promise last week in a letter to the
Lubicon Chief Bernard Ominayak. About a month ago, Cardinal travelled to
Little Buffalo in northwestern Alberta to meet with Ominayak and Lubicon
Elders. The Lubicons are skeptical about Cardinal's intentions. A Band
advisor says provincial officials often talk about meeting with the
federal Minister but nothing ever comes of it. Fred Lennarson says
Cardinal seems to be "backtracking" on pledges he made during the
meeting. He says these included compensation, and discussing the issue
with Provincial Cabinet. The Lubicons have been involved in a dispute
over land ownership with government authorities for more than 50 years.