On June 6th Mr. Irwin told an Aboriginal politician from Alberta named Sam
Sinclair that he was shutting down negotiations with the new Loon River Band
-- that he didn't like the way Loon negotiations are being used to try and
undermine Lubicon membership. (While the people from Loon Lake have
unextinguished aboriginal land rights Mr. Irwin is probably wise to proceed
one step at a time -- finishing Lubicon before proceeding with Loon. The
problem with proceeding simultaneously, as Mr. Irwin suggested in his
remarks to Sam Sinclair, is that interests who don't want to see settlement
play one aboriginal society off against the other -- deliberately confusing
the key membership situation, destabilizing the community and raising
questions about the mandate of community leadership.)
Over the week-end of June 11th Senior Provincial genealogist Neil Reddekopp
visited the Loon Lake/Trout Lake area. Reddekopp's week-end visit to the
Loon Lake/Trout Lake area was almost certainly prompted by Mr. Irwin's
decision to shut down Loon River negotiations. Reddekopp's message to the
Loon Lake /Trout Lake people is that the Provincial Government is prepared
to negotiate a settlement of their aboriginal land rights but that "Irwin
wants to give everything to the Lubicons". (Anybody who believes that
Reddekopp and the people he represents are truly interested in settling
aboriginal land rights just hasn't been paying attention. Reddekopp's true
purpose is rather to stir the pot, fuel suspicion and tensions between
aboriginal people in the area and make life as complicated as possible for
an apparently sincere Mr. Irwin.)
Reddekopp reports to senior Provincial land claims official Ken Boutillier.
Boutillier in turn reports directly to Provincial Native Affairs Minister
Mike Cardinal. Both Boutillier and Reddekopp have been involved on the
wrong side of the Lubicon struggle since at least the early 1980s right up
through the recent Laboucan family initiative.
Boutillier was almost certainly the key guy in undermining Premier Getty.
Reddekopp is definitely the guy who provided both levels of Canadian
Government with the genealogical information which they've been using to
support the Laboucan family initiative and which they previously used to
create both the Woodland and the Loon River Bands.
Reddekopp was in Cadotte Lake last January encouraging members of the
Laboucan family to join the Woodland Band because, supposedly, "in a couple
of years there'll be no Lubicons left and people should get out while they
still can". That's the polite version of what Reddekopp was telling people.
One reliable source described wimpish, nerdish little Reddekopp as puffing
himself up at one point and declaring "When I get through with the Lubicons
there'll be no Lubicon members left".
Regarding his week-end trip to the Loon/Trout Lake area newly out-of-the-
closet tough guy Reddekopp reportedly told one duly impressed citizen "Our
Minister (Cardinal) is going to have to straighten out Irwin". He said
"Irwin wants to roll over and give everything away to the Lubicons". He
said "Irwin doesn't even want to negotiate". He said "Irwin wants to just
give them what they're asking". He sneered contemptuously "What do you
expect from a Liberal".
On June 14th Father Johnson received a letter from Alberta Native Affairs
Minister Mike Cardinal. The letter is quite distinctive in both tone and
content and it clearly harks back to the days before Premier Getty became
personally involved and tried to wrest control of the handling of the
Lubicon situation away from those largely responsible for it. A copy is
attached.
Mr. Cardinal's June 14th letter to Father Johnson is dated June 7th. A
noted copy was sent to Mr. Irwin. It is clearly another "for the record"
letter. As such it will undoubtedly be received by many others in the near
future as well. And it is almost certainly directly related both to the
struggle for control going on in Ottawa and to Reddekopp's recent visit to
the Loon Lake/Trout Lake area.
The first thing that strikes one about Cardinal's June 14th letter is that
it is very carefully and well written -- probably by Boutillier.
Boutillier's the smart one of the Provincial litter and this letter was
written by somebody very smart (if not particularly honourable).
Secondly Mr. Cardinal's June 14th letter predictably denies that
"representatives of the provincial government have been involved in some way
in the decision BY INDIVIDUAL MEMBERS OF THE LUBICON LAKE INDIAN BAND to
transfer their membership to the neighbouring Woodland Cree Indian Band
(underlining added)". Characterizing the Laboucan family initiative as "the
decision by individual members of the Lubicon Lake Indian Band" is classic
Boutillier -- using carefully chosen, deliberately misleading words to
indirectly create fallacious impressions.
An unsubstantiated, flat denial of involvement is of course real easy for
Mr. Cardinal to make. Canadian politicians and convicted felons both do it
all the time irrespective of known facts . But "individual members of the
Lubicon Lake Indian Band" clearly didn't cook-up the "little bribes" all on
their own. Moreover the known participation of Boutillier and Reddekopp if
not of Premier Klein and Mr. Cardinal himself remains in the end unexplained
and factually uncontested in spite of Cardinal's flat assertion "that there
is no basis for the allegations which are being made".
Thirdly Cardinal's June 14th letter makes transfer of the 95 square miles
agreed at Grimshaw "subject to...the Lubicon Lake Indian Band deliver(ing)
releases on behalf of all 477 members IT CLAIMED TO REPRESENT (underlining
added)". Needless to say the 95 square miles agreed at Grimshaw was
deliberately not tied to a specific number of people and Boutillier knows
it. Boutillier was at Grimshaw and he knows very well the terms of the
Grimshaw Accord. (In discussion of the impact of creating the Woodland Band
Boutillier said many times that he thought the Province would continue to
honour the terms of the Grimshaw Accord just as long as Lubicon membership
numbers didn't go below 400.)
The Grimshaw Accord wasn't tied to a number of people specifically because
Premier Getty didn't want to publicly acknowledge that the Province had
previously been wrong in its claim of a smaller number of Lubicons with
unextinguished aboriginal land rights and the Lubicons were not prepared to
retain less land for reserve purposes than had been retained by other
Indians who signed Treaty 8 as determined by the same historic population
formula. Getty therefore proposed and Chief Ominayak agreed to settle on an
amount of land which both men considered "fair" -- independent of their
respective positions on membership numbers. (The "releases" to which
Cardinal's June 14th letter refer were only intended to assure the Province
that it would receive a full and final release from all involved Lubicons
specifically regarding the question of reserve land -- not to prove
membership numbers.)
Fourthly Cardinal's June 14th letter refers to the Provincial Government's
"commitment to preserving the spirit of the Grimshaw Accord". Watch out
when politicians, bureaucrats and lawyers talk about "preserving the spirit"
of an agreement -- it usually means that they intend to break that
agreement. (On the other hand when aboriginal people talk about the spirit
of an agreement they typically mean honouring the known intent of an
agreement -- rather than seeking to avoid one's obligations under an
agreement by looking for "loop holes" in the wording of an agreement and/or
debating various possible meanings of that wording. Such dramatically
different points of view are part of the reason that negotiation of
aboriginal land rights with representatives of both levels of Canadian
Government is so tough and complicated.)
Lastly Mr. Cardinal's June 14th letter fails to mention Premier Getty's
various settlement commitments -- which Mr. Cardinal personally reaffirmed
during a community meeting in Little Buffalo Lake last April 27th -- saying
only that Mr. Cardinal would be personally "PREPARED TO SUPPORT ANY
REASONABLE PROPOSALS WHICH MIGHT ULTIMATELY RESULT IN A FAIR AND EQUITABLE
SETTLEMENT". (Notably Cardinal's May 25, 1993 letter responding to Chief
Ominayak's written summation of Premier Getty's settlement commitments as
discussed with Cardinal during the April 27th meeting -- a letter which was
again most likely drafted for Cardinal by Boutillier -- also fails to affirm
those specific Getty settlement commitments indicating rather that "there is
some question as to the exact nature of past discussions regarding other
matters" but that Cardinal would be personally "PREPARED TO SUPPORT ANY
REASONABLE PROPOSALS WHICH MIGHT ULTIMATELY RESULT IN A FAIR AND EQUITABLE
SETTLEMENT".
In sum Mr. Irwin does seem to be trying but he clearly needs all the help,
support and encouragement he can get if he is to carry the day with his
Cabinet colleagues over the continuing efforts of his senior officials and
assorted co-conspirators to undercut and discredit him.
On the Provincial Government side the old gang seems to be once again back
in control -- moving to subvert apparently good faith efforts by Mr. Irwin
and likely to soon renege on Getty's settlement commitments. Where Cardinal
and Premier Klein sit personally is still not known. Maybe they're
directing Provincial officials to do what Provincial officials are doing or
maybe they're being misinformed and manipulated by those officials as almost
certainly seems to have been the case with Premier Getty. For whatever
reason or reasons both Alberta Premier Klein and Provincial Native Affairs
Minister Cardinal seem at the moment to be at least going along with what
their officials are doing.
All of this begs the question of what people can do to encourage a fair and
equitable settlement of Lubicon land rights. The best answer seems to be to
lean hard on both levels of Canadian Government to basically live up to
commitments already made.
Premier Getty's settlement commitments -- reaffirmed by Mike Cardinal during
the April 27th community meeting in Little Buffalo -- are summarized in the
attached copy of Chief Ominayak's April 27th letter to Mr. Cardinal. (Also
attached is a copy of Mr. Cardinal's carefully worded May 25th letter of
response -- which was received on May 31st -- and a copy of the Chief's May
31st answer to Mr. Cardinal's response. What happened to Premier Getty's
settlement commitments once he turned them over to Provincial officials to
work out the details is outlined in a mail-out on the break-down in
negotiations with the Alberta Provincial Government dated September 19,
1990. A copy of the September 19, 1990 mail-out on the break-down in
negotiations with the Alberta Provincial Government is available upon
request.)
With regard to the Chretien Federal Government the best handle appears to be
letters which Mr. Chretien sent to concerned people while he was still
Leader of the Official Opposition -- the enclosed letters which Mr. Chretien
sent to the Lubicon Settlement Commission and to the Toronto Friends of the
Lubicon being good examples -- and the earlier quoted resolution on
settlement of Lubicon land rights recently passed unanimously by the Liberal
Party of Canada.
* * * * *
Attachment #1: February 28, 1994 letter to Ron Irwin from Chief Ominayak
Dear Mr. Irwin:
Any impartial review of the history of Lubicon land negotiations cannot but
conclude that there's no settlement of Lubicon land rights primarily because
of bad faith on the part of one or both levels of Canadian Government. In
most instances it's clear that one or both levels of Canadian Government had
no intention of reaching a fair settlement of Lubicon land rights but only
used the pretence of sincere negotiations to deflect public criticism,
publicly confuse the issues and buy time while continuing to pursue various
strategies intended to subvert, discredit and basically outlast the Lubicon
people. Even in those few cases where there was apparent good faith on the
part of some government people -- Bob Connelly working for John Munro, for
example, or E. Davie Fulton working for David Crombie or Alberta Premier Don
Getty -- other people in one or both levels of Government soon undercut and
re-directed these apparent good faith efforts in favour of continuing the
on-going campaign to destroy the Lubicon society.
That neither level of Canadian Government has in the end negotiated in good
faith is not only the conclusion of the Lubicon people. Bob Connelly knows
that his good faith efforts to negotiate a settlement of Lubicon land rights
were undermined by Justice Department lawyer Ivan Whitehall. David Crombie
knows that his good-faith efforts to negotiate a settlement of Lubicon land
rights were undermined by his DM Bruce Rawson. Ex-Premier Don Getty knows
that his good faith efforts to negotiate a settlement of Lubicon land rights
were undermined by the Provincial negotiating team including in particular
Ken Boutillier. The members of the Lubicon Settlement Commission know that
neither level of Canadian Government has in the end negotiated in good faith
with the Lubicon people. And people across the country and around the world
know it.
As we advised you during our meeting on February 18th there is currently yet
another major campaign underway intended to tear the Lubicon society to
pieces. It involves senior officials from both levels of Canadian
Government including senior officials in your Ministry like Fred Jobin as
well as others who were originally involved in the Lubicon situation by the
Federal Government like Bob Young. We have no reason to believe that you
are personally involved in this current effort to tear our society apart.
Nor do we have concrete information that Provincial Native Affairs Minister
Mike Cardinal or Alberta Premier Ralph Klein are involved. But it is clear
that senior officials reporting to both you and to Mr. Cardinal are involved
as well as people who were originally involved by the Federal Government
like Bob Young.
In the past these same government officials and agents have used the
information which we provided as part of supposedly good faith talks to try
and subvert both our land rights and our society. Ivan Whitehall, for
example, secretly slipped Provincial lawyer Howard Irving a copy of a
confidential genealogy study prepared jointly by the Lubicons and Federal
officials contrary to an explicit agreement between Federal officials and
the Lubicon people that this study was not to be shared with the Province
without Lubicon concurrence. Provincial officials then used this
confidential genealogy information to try and develop political arguments
and rationales as to why our people supposedly no longer retain aboriginal
land rights over our unceded traditional territory.
Later Federal officials and agents like Fred Jobin and Brian Malone used
confidential Lubicon membership information provided as part of supposedly
good faith negotiations to try and organize the political overthrow of duly
elected Lubicon leadership. When the effort to organize the political
overthrow of duly elected Lubicon leadership failed these Federal officials
and agents used this same confidential Lubicon membership information to
recruit members for a whole new Band called the Woodland Cree Band. Agents
and officials of the Federal Government including Brian Malone, Bob Young
and Fred Jobin then put together a settlement on behalf of this new Band
supposedly extinguishing our aboriginal land rights to our unceded
traditional territory.
Still later Federal and Provincial officials and agents used up-dated
Lubicon membership information provided to the Provincial negotiating team
as part of supposedly good faith negotiations to determine that Lubicon
membership numbers were remaining basically stable in spite of continuing
Government efforts to "bribe" Lubicon members into joining the Woodland Band
due at least partially to new adherents meeting Lubicon membership criteria
from the Loon Lake area. Shortly thereafter agents of both levels of
Canadian Government including Neil Reddekopp and Ward Mallabone showed-up in
the Loon Lake area and started organizing the new Loon River Band using this
same up-dated Lubicon membership information. There can be no doubt about
the purpose of creating these two new Bands. To quote Ward Mallabone -- one
of the Calgary lawyers involved by the Federal Government to create these
two new Bands -- the purpose of creating the two new Bands is to "eliminate"
the Lubicon society.
Given this well documented history and the very real possibility that
Federal and Provincial officials are trying to subvert both you and us as
well as possibly Mr. Cardinal the Lubicon people consider it essential that
the person you ask to play the lead role on the Federal side in Lubicon land
negotiations:
1.) not be one of the Federal officials or agents known to be
involved in past and current efforts to destroy Lubicon
society;
2.) be willing and technically able to work with us to develop
ways and means of accomplishing legitimate Lubicon objectives
rather than acting as a political adversary continually trying
to outmanoeuvre, discredit and defeat us;
3.) understands the issues and knows the people, programs,
operations and back alleys of the bureaucracy;
4.) report directly to you;
5.) be given sufficient status, authority and political support to
deal effectively with the Province and private sector, obtain
necessary cooperation from Departmental officials, put a stop
to the counterproductive actions of Federal officials and
agents and survive the forces that in the end undermined
Messrs. Connelly, Munro, Fulton, Crombie and Getty. Any other
type of mandate is doomed to failure on your end and would
only put the Lubicon people in even greater jeopardy by once
again creating the illusion of sincere negotiations while our
society continues going down the drain.
Assuming the appointment of such a person with such a mandate we can
commence bi-lateral talks about both substantial and procedural matters
including membership, reserve lands, community facilities, residential
housing, commercial development, agricultural development, self-government,
financial compensation, binding arbitration, wildlife management in the
traditional Lubicon territory, environmental protection in the traditional
Lubicon territory and selective involvement of the Province and private
sector in discussion of specific items.
Membership and the Grimshaw Agreement on reserve land are clearly the main
targets of this latest assault on our society by senior Federal and
Provincial officials. We will need to discuss resolution of these matters
with Federal representatives not involved in any way in the continuing
effort to deprive us of our rights and destroy our society .
With regard to the cost of community facilities and residential housing we
propose that both parties be bound by the conclusions of the mutually agreed
independent cost assessor up-dated by the same tables, formulas and
calculations employed earlier.
With regard to commercial and agricultural development we propose the
funding approach devised by RO officials Ralph Bouvette and Martyn Glassman.
With regard to self-government Fred Lennarson included a copy of Lubicon
self-government proposals in the materials he delivered to Brad Morse at the
Edmonton Inn the evening of February 18th.
With regard to financial compensation Fred Lennarson included a copy of my
4-27-93 letter to Mr. Cardinal recording the latest Provincial offer of $60
million over a ten year period in the materials he delivered to Brad Morse
at the Edmonton Inn the evening of February 18th. We propose that the
Federal Government match this Provincial offer or alternatively that we
refer the question of financial compensation to the independent three person
tribunal earlier proposed by Premier Getty.
With regard to binding arbitration we propose to refer those items which
cannot be settled through negotiations to the independent three person
tribunal proposed by Premier Getty. This tribunal would consist of one
person appointed by the Lubicons, one person appointed by the Federal
Government and a third person appointed by the first two. The decisions of
this tribunal would be binding upon both the Government and the Lubicons and
would not be appealable to the Canadian courts.
Wildlife management and environmental protection in the traditional Lubicon
territory was successfully negotiated with the Provincial Government earlier
but will have to be re-negotiated with the Province in light of creation of
the new Woodland and Loon River Bands. Presumably the principles negotiated
earlier will hold but the involved boundaries will have to re-drawn.
As a working agenda we would propose to start with page one of the Lubicon
draft settlement proposals document which Fred Lennarson delivered to Brad
Morse at the Edmonton Inn the evening of February 18th, to proceed through
that document page by page identifying items where we agree and disagree,
items where the Province or private sector might or should be involved,
items which we might want to refer to binding arbitration, items which can
be proceeded with immediately and items which might take longer to finalize.
It is our intention to negotiate a complete package before signing any
agreement. If some items take longer to finalize it is our intention to
achieve written agreement-in-principle with related work-program and time-
table prior to signing any interim agreement. In any event it is our
intention to achieve agreement on reserve construction complete including
commercial and agricultural development prior to signing any interim
agreement.
On timing we believe that it's possible, desirable and in fact essential to
achieve agreement-in-principle in a matter of days and agreement-in-fact in
a matter of weeks. The necessary technical work has long since been
completed and repeatedly reviewed in detail by all of the involved parties.
All that remains is up-dating the involved numbers, re-drawing the
boundaries for the wildlife management and environmental protection
agreement with the Province, preparing the time-table and work-program for
any items which might require extended discussion of implementation (such as
perhaps related enabling legislation) and establishment of an independent
tribunal in the event that there are items which cannot be resolved through
negotiations. A longer time-frame will bode ill for accomplishment of a
settlement and will be acceptable only if good progress is being made and
we're not experiencing slippage on things already agreed.
I would be pleased to answer any questions you might have about these
proposals or to provide any further detail you might require.
Sincerely,
Chief Bernard Ominayak
Lubicon Lake Indian Nation
* * * * *
Attachment #2: Letters from Mike Cardinal to European Lubicon supporters
Dear Sir:
I am writing in response to your recent letter regarding the land claim
being advanced by the Lubicon Lake Indian Band in northern Alberta.
At the outset, please let me assure you that it is the policy of the Alberta
Government to meet its constitutional obligations through the negotiation of
settlements of Indian land claims which are fair and equitable to all
parties involved. You should be aware that in recent years a very
significant number of outstanding land claims in Alberta have been settled
and that others are currently proceeding, through constructive negotiation,
towards similar resolution.
In the case of the Lubicon Lake Indian Band's claim, you should also be
aware that, in October 1988, the Chief of the Lubicon Band and the Premier
of Alberta reached an accord with respect to the amount of land the Province
of Alberta would transfer to the Canadian federal government as part of a
settlement of the Lubicon claim. While the inability of the parties to
reach agreement on the question of cash compensation has prevented the
implementation of the October 1988 accord, I can advise you that no
resources have been extracted from the lands selected by the Lubicon Lake
Indian Band.
As a Treaty Indian born and raised in northern Alberta, I am particularly
sensitive to the claims being advanced by Native people. I thank you for
your expression of concern in this regard and assure you of our government's
commitment to a fair settlement of outstanding land claims, including that
of the Lubicon Lake Band.
Yours sincerely,
Mike Cardinal, Minister, M.L.A., Athabasca/Wabasca
Hand-written note on bottom of letter:
Note. There are two sides to this issue, before you make any comments, I
would suggest you come to Alberta and I will give you free education on that
matter.
* * * * *
Attachment #3: May 27, 1993, letter from Jean Chretien to Friends of the
Lubicon Toronto
Dear Group Members:
Thank you for your letter regarding the final report of the Lubicon
Settlement Commission of Review.
The Liberal Party understands your concern. For more than fifty years, the
Lubicon have struggled to secure a permanent land base -- and the means to
preserve their way of life. Unfortunately, negotiations between the Lubicon
and the federal government have been suspended since 1989. We believe that
the government has reneged on its fiduciary responsibility to the Lubicon
People.
Time is wasting. Innumerable studies and reports have been prepared over
past years, and they have only served to slow progress in the negotiations
for a land and resource base. It is time for action. As a start, we
believe the government should proceed with recommendation number five of the
Settlement Commission report to hold all royalties in trust and withhold
leases and permits on traditional Lubicon lands -- unless approved by the
Lubicon. Moreover, future negotiations should reflect the intent of
recommendation number eight, asserting that the extinguishment of Aboriginal
rights must not be a condition for a settlement -- a position consistent
with Liberal policy.
Ethel Blondin-Andrew, Liberal Critic for Aboriginal Affairs, has urged the
government to renew negotiations with the Lubicon and resolve this issue,
once and for all. While it is doubtful whether the current government
possesses the will to do so, you can be assured that Liberals will continue
to press the Conservatives to respond to the recommendations of the
Settlement Commission and resume negotiations.
We support the swift resolution of all claims, and consider the Lubicon
claim to be a priority. As Leader of the Opposition, I appreciate the time
you have taken to write and bring your views to my attention.
Sincerely, Jean Chretien
* * * * *
Attachment #4: June 30, 1993, letter from Jean Chretien to the Lubicon
Settlement Commission of Review
Dear Father Johnson:
Thank you for your letter and the copy of the final report of the Lubicon
Settlement Commission of Review.
The Liberal Party understands your concern. We fully recognize that the
Lubicon have struggled for over fifty years to secure a permanent land base
and the means to preserve their way of life. And we believe -- with
negotiations suspended since 1989 -- that the government has reneged on its
fiduciary responsibility to the Lubicon People.
Time is wasting. As a start, we believe the government should proceed with
recommendation number five of the Settlement Commission report to hold all
royalties in trust and withhold leases and permits on traditional Lubicon
lands -- unless approved by the Lubicon. Moreover, future negotiations
should reflect the intent of recommendation number eight, asserting that the
extinguishment of Aboriginal rights must not be a condition for a settlement
-- a position consistent with Liberal policy.
Ethel Blondin-Andrew, Liberal Critic for Aboriginal Affairs, has urged the
government to renew negotiations with the Lubicon and resolve this issue,
once and for all. While it is doubtful whether the current government
possesses the will to do so, you can be assured that Liberals will continue
to press the Conservatives to respond to the recommendations of the
Settlement Commission and resume negotiations.
We support the swift resolution of all claims, and consider the Lubicon
claim to be a priority. As Leader of the Opposition, I appreciate the time
you have taken to write.
Sincerely, Jean Chretien
* * * * *
Attachment #5: letters from TransCanada Pipelines Chairman Gerald Maier to
Lubicon supporters
Dear Sir:
Further to your letter of March 25, 1994, Mr. Young, prior to joining
TransCanada, acted as legal advisor to many groups of aboriginal people,
including those who eventually became the Woodland Cree Indian Band.
At the time he joined TransCanada, the Woodland Cree Settlement had been
negotiated but not entirely implemented. Mr. Young, in his personal
capacity, agreed to assist the Band in ensuring the proper implementation of
the Settlement's terms. Keeping in mind his previous involvement on behalf
of the Band in the negotiations, this seemed appropriate.
Early in 1994 Mr. Young was requested to explain the terms of the Woodland
Cree Settlement to individuals who had asked to join the Woodland Cree as a
way of pursuing their own claim and to brief various government members and
officials as to the background and status of the Woodland Cree Settlement.
He explained that because he had chosen a new career with TransCanada he was
not able to act in any new claim matter but agreed on a personal basis
because of his knowledge, to provide the explanation and briefings
requested, and did so.
You and Mr. Young have extremely different views as to the propriety of the
creation of the Woodland Cree Band and the negotiation of its Treaty
Settlement but from TransCanada's point of view, what is relevant is that
having done what was reasonably requested of him, Mr. Young has concluded
his involvement in this matter.
Yours truly,
G.M. Maier
* * * * *
Attachment #6: June 07, 1994, letter from Mike Cardinal to the Lubicon
Settlement Commission of Review
Dear Father Johnson:
Recently, I have received a number of letters regarding the Lubicon land
claim. A common feature of all of these letters, including the one I
received from you, is an allegation that representatives of the provincial
government have been involved in some way in the decision by individual
members of the Lubicon Lake Indian Band to transfer their membership to the
neighbouring Woodland Cree Indian Band. In regard to this allegation, I
assure you that I personally would not condone any such actions. But
equally importantly, I would advise you that I have reviewed this matter and
I am satisfied that there is no basis for the allegations which are being
made.
On October 22, 1988, the then Premier of the Province of Alberta reached an
accord with Chief Bernard Ominayak of the Lubicon Lake Indian Band on the
basis for a settlement of the Lubicon claim to lands for an Indian Reserve.
Under the terms of that accord, the Province of Alberta agreed to transfer
to the Government of Canada 95 square miles (243 square kilometres) of
provincial Crown land subject to certain conditions, including the
requirement that the Lubicon Lake Indian Band deliver releases on behalf of
all 477 members it claimed to represent. Notwithstanding questions which
have arisen on a number of occasions subsequently regarding the Lubicon
membership, the Government of Alberta has remained faithful to the
commitment underlying the Grimshaw accord and, in fact, has taken deliberate
steps to ensure that the lands will be available for transfer upon the
successful negotiation of a settlement of the Lubicon land claim. In this
regard, I have personally assured Chief Ominayak of our government's
commitment to preserving the spirit of the Grimshaw accord.
At the present time, the federal Minister of Indian Affairs and Northern
Development, the Honourable Ronald A. Irwin, is discussing with Chief
Ominayak certain proposals which could lead to a resumption of constructive
negotiations between the parties. With respect to the initiative he has
taken, I have indicated to the federal minister that I would be prepared to
support any reasonable proposals which might ultimately result in a fair and
equitable settlement of this long outstanding claim.
I thank you for taking the time to write to me regarding this matter.
Yours truly,
Honourable Mike Cardinal, Minister, M.L.A., Athabasca/Wabasca
* * * * *
Attachment #7: April 27, 1993, letter from Bernard Ominayak to Mike
Cardinal
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 #8: May 25, 1993, letter from Mike Cardinal to Bernard 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 #9: May 31, 1993, letter from Bernard Ominayak to Mike Cardinal
Dear Mr. Cardinal:
Your letter of May 25, 1993, received earlier today, is hereby acknowledged.
I note that your May 25th letter reflects neither the substantive progress
which we made nor the problem-solving attitude which you displayed during
our April 27th meeting. On the contrary your letter is strongly reminiscent
of what happened to the substance and intent of my discussions with former
Premier Getty once the bureaucrats got hold of it.
Hopefully the Klein Government's position on the issues, and attitude toward
achieving a fair and just settlement of Lubicon land rights, is better
represented by your comments during our April 27th meeting than it is by the
cautious, non-specific, non-committal wording in your May 25th letter.
Hopefully also it will be possible to start bringing the substance and
intent of our discussions at the political level into closer alignment with
necessary technical, legal and bureaucratic follow-up work.
Sincerely,
Bernard Ominayak, Chief, Lubicon Lake Indian Nation
* * * * *
Attachment #10: December 1991 Saturday Night article by John Goddard
entitled A HELPING HAND (not re-typed for computer transmission)