On August 26th Mr. Goldie sent a fax communication to the ERCB regarding the
Alberta Power application to build an electric power substation to provide
electric power to the proposed Unocal sour gas processing plant. The letter
reads:
Unocal Canada Limited hereby requests that the ERCB proceed with the
above referenced application. In consideration of this request the
following two points are presented:
1.) (Oil field) Customers to be served by this substation are
being inconvenienced by the delay to this approval.
2.) The dispute of the Lubicon Lake Indian Nation with the gas
plant at the Slave Shallow Gas Project should be addressed
as a separate issue. Unocal Canada is committed to
continued communications with the Lubicon Lake Indian
Nation.
The introduction of electrical power results in a net reduction in total
emissions and noise in the area near the existing Slave Oil Battery and
therefore is a net benefit to the environment and the safety of their
band members. We expect that this reduction in environmental impact will
be welcomed by the Lubicon Lake Indian Nation. (Editors note: The
blessings which Unocal intends to bestow upon the Lubicons whether the
Lubicons like it or not clearly has no bounds.)
On August 26th it was reported that the huge new $10 million dollar Unocal
sour gas processing plant -- construction of which had commenced only a month
earlier -- was nearly complete. Workers on the site said that they'd been
promised a sizable financial bonus if they could finish it by September 22nd.
(Under these circumstances it seems likely that the strategy of both Unocal
and the ERCB -- which after all had done absolutely nothing to stop or even
suspend construction of a plant adjacent to the proposed Lubicon reserve which
they knew was opposed by the Lubicon people -- was simply to present the
Lubicons with a fait accompli. Needless to say delivering a fait accompli to
people who understandably see such a plant as posing a deadly threat to the
health and well-being of their children is a strategy fraught with peril for
everyone involved.)
The international Taiga Rescue Network Conference ended on August 28th after
passing a unanimous resolution supporting Lubicon opposition to the Unocal
sour gas processing plant. The resolution reads, in part:
NOW THEREFORE BE IT RESOLVED THAT the participants of the 2nd Annual
International NGO and Indigenous Peoples Conference on Boreal Forests
hereby:
1.) Demand that Unocal immediately stop construction of the sour gas
processing plant being built in the unceded Lubicon territory and
refrain from any further attempt to inflict this additional horror
upon the beleaguered Lubicon society;
2.) Demand that Alberta Power refuse to provide electric power to the
new Unocal sour gas processing plant being constructed in the
unceded Lubicon territory;
3.) Demand that the ERCB have a full public hearing as required by law
into construction of the new Unocal sour gas processing plant;
4.) Make a commitment to ensure that any public hearing held by the
ERCB on the new Unocal sour gas processing plant being constructed
in the unceded Lubicon territory is well attended by conference
participants and is made the focus of international attention and
scrutiny;
5.) Demand that the Governments of Canada and Alberta immediately
accept and implement the recommendations of the Lubicon Settlement
Commission respecting negotiation and settlement of unceded
Lubicon land rights over unceded Lubicon territory;
6.) Immediately communicate the essence of this resolution to the
President of Unocal in Calgary, to the President of Union Oil
Company of California, to the President of Alberta Power, to the
Chairman of the ERCB, to the Alberta Provincial Premier Ralph
Klein and to Canadian Prime Minister Jean Chretien;
7.) Undertake to involve the organizations represented at the
conference in an aggressive, international campaign designed to
stop construction of the Unocal sour gas processing plant in the
unceded Lubicon territory and to support a fair and equitable
settlement of Lubicon land rights.
On August 29th Chief Ominayak returned to his office and reviewed his
correspondence including the August 25th fax communication from Bob Goldie
proposing a meeting the following day. Contending with a number of matters
including the unexpected death by heart attack of Lubicon legal advisor Lew
Gurwitz at the Taiga Rescue Network Conference the night before Chief Ominayak
asked Fred Lennarson to phone both Bob Goldie and Murray Semchuck, to tell
Messrs. Goldie and Semchuck that it was not possible for the Lubicon people to
meet the following day and to propose September 12th as an alternative meeting
date.
Lennarson phoned Semchuck who was out of the office. Lennarson therefore left
a message on Semchuck's answering machine advising Semchuck that it was not
possible to schedule a meeting for August 30th and proposing September 12th
instead.
Goldie wasn't available by phone either but Lennarson's call was put through
to an "operations technologist" named Howard Boyle who was taking Goldie's
calls. Lennarson told Boyle that August 30th wasn't possible for the Lubicons
but that the Lubicons could meet on September 12th.
Boyle said "One of the people Unocal would like to bring is a medical doctor
specializing in emissions named Dr. McDougall". He said "We set the meeting
for August 30th because we're trying to schedule the meeting around Dr.
McDougall's schedule".
Lennarson told Boyle that the Lubicons aren't asking for the meeting, don't
want the plant in any case and therefore don't feel any need to meet with a
Unocal specialist in emissions. If Unocal is prepared to meet on September
12th, Lennarson told Boyle, the Lubicons would do them the courtesy of meeting
with them.
Boyle said "the 12th sounds good". He said "I'll check with Dr. McDougall and
phone you back to confirm".
Shortly thereafter that same day -- August 29th -- Chief Ominayak received a
fax communication from Assistant Manager of the ERCB Gas Department G.C.
(Gordon) Dunn. Mr. Dunn's letter made absolutely crystal clear where Unocal
and the ERCB were heading -- apparently in unison. The letter reads, in part:
As you are aware, we requested Unocal to meet with you and seek
resolution of your concerns with respect to the Unocal gas processing
facility at 9-15-84-15W5M. As you are also aware, approval of the Unocal
gas processing facility was issued from the ERCB in early 1994 after a
full review of the application including your letter of 9 December 1993
AGREEING NOT TO OPPOSE THE CONSTRUCTION OF THE PLANT (underlining
added)...(Editor's note: This was the first time that the ERCB tried to
overtly make the improbable leap from likely manipulated Lubicon
agreement not to oppose "plant expansion" to claimed Lubicon agreement
not to oppose "construction of the plant". In fact the December 9th
Lubicon letter said nothing about not opposing "construction of the
plant" and Dunn knew it.)
We understand from Unocal that you are prepared to meet with Unocal at a
time suitable to yourself. We would encourage you to meet with Unocal as
soon as possible so they may hear your concerns and try to deal with
them. (Editor's note: Mr. Dunn must have been in communication with
somebody at Unocal shortly after Fred Lennarson spoke with Howard Boyle.
The so-called Lubicon "concern" to which Mr. Dunn refers is of course
Lubicon opposition to having a huge new sour gas processing plant built
adjacent to their proposed reserve.)
As the plant is now nearing completion, and as there have been no
meetings between Unocal and the Lubicons to date, we have not asked
Unocal to suspend construction of its plant. (Editor's note:
Undoubtedly related to the fallacious claim made in the first paragraph
of the Dunn letter that the Lubicons had earlier agreed not to oppose
"plant construction", this gossamer thin, offensively transparent
rationale for not asking Unocal to suspend construction of its plant is
obviously bogus -- especially when plant construction was in fact begun
AFTER it was absolutely clear that ERCB approval of the plant had been
granted on the basis of incorrect information. What's of course being
clumsily attempted here is the creation of an illusion that there was
nothing wrong with ERCB approval of the plant in the first place but that
for some inexplicable reason the Lubicons later changed their mind about
not opposing construction of a new sour gas plant adjacent to the
proposed Lubicon reserve.)
However we may request Unocal to delay the commencement of operations
until such time as Unocal meet with you to hear your concerns. We plan
to have ERCB staff in attendance at that meeting; however, we would
appreciate your cooperation in meeting with Unocal and moving forward
with this matter. (Editor's note: Obviously what Mr. Dunn and the ERCB
had in mind at this point was a meeting which they could later use to
claim that Lubicon concerns had been taken into account before the ERCB
officially allows the plant to go into operation. Talk of "delaying the
commencement of operations" until such time as Unocal "hears" Lubicon
"concerns" makes no sense from any other perspective. Certainly there's
no reason to believe from unfolding developments or from the context of
the Dunn letter that the ERCB has any intention at all of supporting
Lubicon opposition to construction of the plant.)
Also on August 29th Mr. Dunn wrote a letter to Unocal's Bob Goldie. Taken
together with Mr. Dunn's August 29th letter to Chief Ominayak, and the way
that Unocal and the ERCB were clearly coordinating their approach to the
proposed September 12th meeting, it was becoming increasingly clear that
Unocal and the ERCB were pursuing a joint strategy to proceed with the plant
over Lubicon opposition. Mr. Dunn's letter to Mr. Goldie reads:
We are aware that you contacted Chief Ominayak on 19 August and you
followed up with subsequent calls in an effort to meet with Lubicon Lake
Indian Nation representatives to discuss the Unocal scheme and to address
the matters that Chief Ominayak has raised. The Gas Department
understands Chief Ominayak has spoken with you and has requested
additional time to consider your request and schedule a meeting.
We believe that through your proposed discussions, the key issues and
concerns can be identified and addressed. We recognize that the issues
identification process may take some time but this is a vital step given
the long term relationship Unocal has had and would continue to have with
the Lubicons. (Editor's note: In reading both Dunn letters one has to
keep continually reminding oneself that what Mr. Dunn is talking about is
unequivocal Lubicon opposition to the huge new Unocal sour gas processing
plant being constructed on a crash basis adjacent to the proposed Lubicon
reserve.)
We understand that the plant is scheduled to be finished construction on
or about 15 September 1994 (two weeks later). While a decision has not
been made, please be advised that the Board may request your cooperation
in deferring plant start-up IF IT APPEARS TO US THAT UNOCAL HAS NOT MADE
EVERY REASONABLE ATTEMPT TO MEET WITH THE LUBICONS AND HEAR THEIR
CONCERNS (underlining added). (Editor's note: One can only imagine how
reassuring it must be to the Lubicons to be told that the ERCB is going
to insist that Unocal make "EVERY REASONABLE ATTEMPT to meet with the
Lubicons and HEAR (Lubicon) concerns" before proceeding with a plant
which has been constructed on a crash basis AFTER Lubicons objections
were known to all concerned.)
On August 30th Howard Boyle phoned Fred Lennarson a couple of times to try and
define and limit both participation and the agenda for the September 12th
meeting. He first asked about Lubicon agenda suggestions.
Lennarson suggested an open agenda.
Boyle suggested that "the agenda be based on earlier correspondence and
discussions".
Lennarson told Boyle that Unocal should make whatever pitch they pleased but
that he doubted they would be able to convince the Lubicon people that a sour
gas processing plant would be a good thing for Lubicon children and other
living things in the Lubicon area.
Boyle asked if Lennarson could be "more specific about Lubicon concerns".
Lennarson told Boyle that the Lubicons have all of the same normal and
expected concerns that any other community of people would have with somebody
building a sour gas processing plant in their back yard.
Later in the day Boyle phoned Lennarson again and asked what information the
Lubicon people wanted Unocal representatives to present at the September 12th
meeting. He said that Unocal wanted to know what information the Lubicons
needed in order to send the right people to the meeting.
Lennarson again reminded Boyle that the Lubicons didn't request the meeting,
don't want the plant in any case and were only agreeing to a meeting out of
courtesy.
Boyle said "We'll be about 5". He asked "How many Lubicons will there be".
Lennarson told Boyle that Unocal should bring whomever they please and that
the Lubicons would do the same.
On August 30th Murray Semchuck phoned Fred Lennarson, acknowledged the message
which Lennarson had left on Semchuck's phone answering machine the day before,
said that he too had been informed by Unocal that a meeting was now scheduled
for September 12th and said that he thought "the agreement to meet shows good
will on both sides".
Lennarson told Semchuck that he didn't see how anybody could possibly accuse
Unocal of "good will" when they had proceeded to
construct a sour gas processing plant on unceded Lubicon territory which they
know is opposed by the Lubicon people.
On August 31st Chief Ominayak received a fax communication from Bob Goldie --
noted copy to "G. Dunn" of the ERCB. Mr. Goldie's August 31st fax to Chief
Ominayak confirms the proposed September 12th and reads, in part:
In preparation for this meeting, we would like to emphasize that the
construction of the Slave Shallow Gas Plant and tie-in to Alberta Power
Limited results in a net reduction in emissions and noise from the site.
The total level of emissions from the plant both before and after
construction are well within industry guidelines. In an effort to
specifically address your health concerns regarding this construction,
Unocal Canada Limited's medical representative, Dr. D. McDougall, will be
in attendance at this meeting to respond to any questions that you or
your representatives may have.
An information package will follow by courier, which is intended to
address the concerns you have expressed in your August 08, 1994 letter to
the ERCB...
The "information package" promised by Mr. Goldie in his August 31st fax
arrived on September 2nd. It made no mention of Lubicon health and
environmental concerns but again consisted of maps, charts, plant
specifications, approvals, approval terms and conditions and a copy of the
December 9th Lubicon letter agreeing not to oppose "proposed plant expansion".
On September 9th Unocal President Fritz Perschon wrote the Toronto Friends of
the Lubicon basically reiterating Unocal claims about supposed Lubicon
agreement not to oppose the sour gas processing plant, presenting a self-
serving version of the exchange between Unocal and the Lubicons since the
filing of formal Lubicon opposition to the plant on July 8th (about which Mr.
Perschon earlier claimed he did not learn until the end of August) and making
demonstrably untrue statements about the historic relationship between Unocal
and the Lubicons. Specifically Mr. Perschon wrote:
In 1986 Unocal Canada set out to loop our existing 4" oil sales pipeline
which runs through the Lubicon Lake Indian Nation's reserve area. At
that time, the Lubicon Nation intervened in Unocal's application on the
basis that they did not want any further development on the land which
was set aside for their reserve. UNOCAL RESPECTED THEIR REQUEST AND
WITHDREW ITS APPLICATION (Underlining added).
Since that time, Unocal has respected the requests of the Lubicon Nation
to be informed on any well drilling or licensing application Unocal filed
with the Energy Resources Conservation Board ("ERCB") on work Unocal
planned to do in townships 83 and 84. Most of these notifications were
done by letter through Mr. Auger. Unocal's working relationship with the
Lubicon people has been excellent.
In fact in 1985 Unocal proposed to "twin" or "loop" a pipeline which Unocal
had built over Lubicon objections in the first place and made clear their
intention to proceed with this "twinning" whether the Lubicons liked it or
not. The Lubicons asked the Canadian courts to enjoin the twinning of the
pipeline pending settlement of Lubicon land rights and Unocal successfully
defeated the Lubicon injunction application in the Canadian courts. Federal
Inquiry Officer E. Davie Fulton personally appealed to Unocal not to proceed
with the twinning of the pipeline until he could finish his inquiry and Unocal
refused Mr. Fulton's request as well. Unocal then only agreed not to twin the
pipeline across a particularly sensitive 25 square mile area after the
Lubicons announced that they would block the twinning of the pipeline on the
ground and Lubicon supporters organized a nation-wide protest over the
proposed twinning so massive that Unocal was forced to literally lock the
doors of their Canadian headquarters in Calgary and to shut down their
telephone switchboard.
Similarly disingenuous and self-serving is Mr. Perschon's claim in his
September 9th letter that "Since (the dispute over the twinning of the
pipeline) Unocal has respected the requests of the Lubicon Nation to be
informed on any well drilling or licensing operation Unocal filed with the
Energy Resources Conservation Board ("ERCB") on work Unocal planned to do in
townships 83 and 84". In fact, as is clear in the wording of the enclosed
October 8th Unocal letter on "proposed plant expansion", Unocal was instructed
by the ERCB to consult with the Lubicons about any projects in that part of
the traditional Lubicon territory. Moreover the ERCB position that companies
had to consult with the Lubicons BEFORE MAKING APPLICATION TO THE ERCB was in
fact itself the result of another hard-won agreement between the Lubicons and
the ERCB -- also involving the threat of legal action, political action and
direct action.
To the distress of both Unocal and the ERCB the September 12th meeting in
Little Buffalo Lake was an open community meeting attended by visiting
environmentalists as well as Lubicons.
Unocal was represented at the September 12th meeting by Unocal Manager of
Alberta Operations Bob Goldie, Slave Team leader Howard Boyle, Facility
Engineering Coordinator (responsible for plant construction) Ken Mislin, Slave
Production Foreman Bert St. Martin and Unocal Medical Consultant Dr. David
McDougall.
The ERCB was represented at the September 12th meeting by Supervisor of
Communication/Projects Rob Barber and by Karen Ulch from Community Relations -
- whom, because of their seemingly inseparable, in tandem working style, the
Lubicons call collectively Barb Ulch.
The Lubicons were represented by Lubicon Chief and Council supported by
Lubicon advisor Lennarson.
Also in attendance were community members and Elaine Bishop, Muriel Summers,
John McInnis, Gordon and Lorraine Sinclair, Sheldon Sinclair, Calib Sinclair,
Randy Lawrence, Denise and Basil Sych, Gray Jones, Denys Auger and Peter Hope.
Chief Ominayak opened the meeting by indicating that the meeting had been
requested by Unocal and therefore suggesting that Mr. St. Martin introduce the
Unocal representatives. Goldie immediately took charge by introducing himself
as Unocal Manager of Alberta Operations and then introducing the other Unocal
representatives.
Following his forceful assertion of leadership and introduction of Unocal
representatives Mr. Goldie proceeded to suggest that the other people at the
meeting identify themselves and sign a sheet which he proposed to pass around
indicating their names, who they represent and also their mailing address.
The other people at the meeting then introduced themselves and indicated
verbally who they represented but they did not comply with Goldie's order to
provide him with their name, address and organizational affiliation in
writing.
Goldie said "We're here to respond to Bernard's letters of July 8th and August
8th". He said that the July 8th letter indicated that the Lubicons had some
questions about the new plant and that the August 8th letter indicated that
the Lubicons had some health concerns". (In fact the July 8th letter
expressed opposition to the plant and the August 8th letter said that the
Lubicons opposed the plant because of concern over the effect of sour gas
processing plants on wildlife, the environment and human health.)
John McInnis said "It's my understanding the plant is completed".
Goldie replied "The plant is largely completed". He then attempted
unsuccessfully to launch into a clearly pre-prepared presentation.
Goldie said "We had two meetings with Bernard last August and November to
address his concerns". "When we left", he said, "Bernard had no concerns and
we made plans to proceed".
Randy Lawrence asked "Do you have anything in writing from those meetings?"
Goldie said "We have correspondence back and forth including agreement in
writing from the Lubicons that we could proceed with the plant".
Chief Ominayak said "Mr. Goldie knows better than that". He said "We were
talking about feeder lines". He said "We had all kinds of questions about the
plant but we were told that's down the road".
Chief Ominayak said "We asked about reports of health problems at the Pincher
Creek plant". He said "We were supposed to receive detailed information but
it never arrived".
Chief Ominayak said "We also talked about economic benefits from construction
of the feeder lines but they never materialized either".
Chief Ominayak said "We don't want Unocal or anybody else putting a sour gas
plant in our area". He said "I'm glad the ERCB is here". He said "I'd like to
request a public hearing to explore all the questions which arise with sour
gas plants". He suggested that Unocal "take it (the plant) to Calgary and put
it there".
Fred Lennarson proposed to read the three letters to which Mr. Goldie had
referred -- the July 8 letter, the August 8 letter and the December 9th letter
in which the Lubicons supposedly agreed not to oppose construction of a new
sour gas processing plant -- so that all meeting participants would know what
Mr. Goldie was talking about.
Chief Ominayak agreed with Lennarson's proposal and asked that the letters be
read aloud.
Lennarson then read the three letters noting that supposed Lubicon agreement
in writing pertained specifically to "proposed plant expansion" which the
Lubicons understood to be feeder lines instead of the construction of a new
sour gas processing plant, and noting also that plant construction began AFTER
Chief Ominayak's July 8th letter had made crystal clear that the Lubicons
opposed construction of a sour gas processing plant in their unceded
traditional territory.
Referring to Lennarson's comment about plant construction starting after
explicit notice that the Lubicons opposed the plant Goldie aggressively said
to Lennarson "On site".
Lennarson asked "Where else would plant construction occur except on site?"
Goldie said "Modules were constructed in Edmonton and them moved to the site".
Lennarson said that the point remained the same -- modules had been moved to
the site and assembled AFTER Lubicon opposition to plant construction in the
unceded Lubicon territory had been made crystal clear.
Councillor Walter Whitehead asked "Can it be moved again?"
Goldie said "We're here to talk about health concerns".
Denys Auger said to Goldie "You're not listening to our concerns".
Peter Hope asked "How was the site selected?"
Goldie said "We selected the site because it was already largely serviced and
we didn't have to do any additional clearing".
Chief Ominayak said "You built it on our doorstep -- where we're trying to
build a future for our young people".
Goldie said "When we met in 1986 and you asked us to withdraw our application
to loop our pipeline we withdrew it". Echoing Perschon's September 9th letter
to the Toronto Friends of the Lubicon he said "We have a history of
cooperation with the Lubicon people -- good rapport". (Just who Goldie was
trying to convince with such arguments isn't exactly clear -- maybe the
environmentalists. Certainly both the Lubicons and the representatives of the
ERCB knew better.)
Chief Ominayak told Goldie "The problem is that you're killing our people and
taking everything and it has to stop". He said "You brought up the pipeline".
He said "I'd be glad if you took it with you when you leave".
Goldie said "We have a doctor here to address your concerns".
Chief Ominayak asked Gray Jones to speak to the question of the impact of sour
gas processing plants.
Gray Jones read a summary of sour gas plant impacts prepared by Kevin Jardine
of Greenpeace.
Chief Ominayak asked Gray Jones about a report that Unocal is facing 67
charges in the U.S. for violating environmental laws.
Goldie asked indignantly "Are we here to address charges or medical concerns?"
Jones said "The record of the company is a relevant consideration in assessing
the claims you make about health concerns".
Ignoring the report that Unocal faced 67 charges for violating environmental
laws in the U.S. Goldie said "Anything we do is within the guidelines".
Councillor Dwight Gladue demanded angrily "Answer the question".
Goldie asked "What's the question?"
Dwight Gladue said "Can the plant be moved?"
Goldie said "Anything can be moved".
Chief Ominayak said "We have serious medical problems already as a result of
development activity". He said "We can't afford any more". He said "You
brought a doctor with you and you can write his script". He said "We can do
the same thing". "But in the end", he said, "we still have these same serious
medical problems". He said "We're going to fight whether the ERCB holds a
hearing or not".
Karen Ulch said "We've heard Unocal can move it". She asked "What other
options are there?"
Chief Ominayak said "What Unocal does is up to Unocal as long as they take the
plant out of here".
Ulch asked "Are you prepared to consider other sites?"
John McInnis said "I thought all community concerns are to be addressed before
the ERCB makes an approval?"
Ulch said "It was our understanding they were dealt with".
Fred Lennarson said "Giving Unocal the benefit of the doubt there was
confusion over words". "When the Lubicons agreed not to oppose plant
expansion", he said, they were talking about not opposing construction of
feeder lines". "When Unocal used the term plant expansion", he said, "they
were apparently talking about construction of a new sour gas processing
plant". He said that he had an easier time understanding how the Lubicons
could think that plant expansion meant feeder lines than how Unocal could
think that plant expansion meant the construction of a whole new plant but
that he was more interested in resolving the question of what to do with an
unacceptable plant which was approved by the ERCB based on incorrect
information than he was in ascribing blame.
McInnis asked "Was it a new approval or an amended approval?"
Rob Barber said "It was a new approval".
McInnis said "How can it be a new approval when the project is plant
expansion?"
Barber said "There was a problem with words". He said "We acknowledge now
that there are concerns and we hope to proceed to solve the problems".
Bob Goldie said aggressively "I want to tell our side and then Bernard can
tell his side".
Chief Ominayak said "Our position is clear". He said "We need a public
hearing or we will have to consider alternatives". He said "We don't want the
plant".
Barber said "Our position is when we have two parties with concerns we can
have a hearing". "But", he said, "we hope to address those concerns short of
a hearing".
Chief Ominayak said "Unocal wants to build a plant in our area when these
plants are causing problems all over the Province". He said "We want Goldie
to understand that we will fight".
Barber said "I wouldn't want a plant in my back yard either unless my concerns
could be addressed and there would be some benefits".
Chief Ominayak said "Our concerns cannot be addressed except by taking the
plant out of our area". He repeated "We don't want the plant".
Barber said "Is there any way we can talk about these issues?"
Denys Auger said "The Lubicon people want the plant out of here".
Barber asked "No matter what?"
Chief Ominayak told Barber that the Lubicon people want the plant out of the
Lubicon territory "No matter what". He said "If we can achieve our objective
through a hearing bringing out the human issues that have to be dealt with,
fine". "I don't know if we can achieve a satisfactory resolution through that
process", he said, "but we're prepared to try". He said "We're not the one to
develop alternatives (for removing the plant)". He said "It's up to Unocal to
explore alternatives".
Barber asked "If we had information you trusted that said no problem, would
your position be the same?"
Fred Lennarson said that the kind of certainty Barber was suggesting was
impossible to provide -- that the impact of sour gas processing plants is
controversial but that the potential health concerns are very serious.
Consequently, he said, the Lubicon people aren't prepared to gamble the health
of their children for some supposed economic benefits.
Karen Ulch said "What we're hearing is that there's no option". She said
"That's what we're looking for -- an option". She said "That's why we came
here and we're hearing there's no mediation possible".
Fred Lennarson said "The Lubicon people never agreed to a mediation meeting".
He said "Unocal requested the meeting at the urging of the ERCB and the
Lubicon people agreed to meet but the Lubicon people never agreed to
negotiations or mediation of any kind". He said "On instructions of Chief
Ominayak I made the Lubicon position clear to both Murray Semchuck of the ERCB
and to Howard Boyle".
Barber said "Unocal thought we were talking about a new plant and the Lubicons
thought we were talking about feeder lines -- that's the communication
problem".
Chief Ominayak said "There was no communication problem". He said "We agreed
to feeder lines". He said "We would never agree to a sour gas plant".
Barber said "I would hope you would listen to Unocal to see if they have
information that you don't have -- does Unocal have any ideas on how to
proceed?"
Randy Lawrence said "You seem to be suggesting that the Band and Unocal sit
down and talk". He said "I understand the plant will be finished by September
22nd and that the workers will be given a sizable bonus if it's completed by
September 22nd". He asked "Would you be prepared to stop plant construction
while we engaged in a community consultation process?"
Fred Lennarson pointed out to Randy Lawrence that the only conceivable purpose
of community consultation would be to reach an understanding regarding the
terms under which it would be possible to proceed with the plant when the
Lubicons had made crystal clear that they are not prepared to accept the plant
under any circumstances.
Chief Ominayak said "Our position is very clear". He said "Whether Unocal can
move the plant to another location is for Unocal to decide". He said "We
don't want the plant in our territory".
Chief Ominayak said "We have serious health and environmental concerns".
"Whether the ERCB is going to have a hearing or not", he said, "we are not
going to stand by and have that plant put into operation". He said "We are
not going to listen to a bought-and-paid-for doctor tell us that there's not a
problem". He said "We know there's a problem already and we're not prepared
to proceed with this plant".
Karen Ulch said "From the ERCB's point of view we have a problem of
conflicting rights".
Fred Lennarson told Ulch that the problem is far more profound than something
which can simply be adjudicated by the ERCB. He said that the underlying
problem is one of contested jurisdiction and ownership over lands and
resources and whether the Province had the right to sell unceded Lubicon
resources to Unocal in the first place. He said that ERCB involvement in the
area as an agency of the Provincial government is the result of an agreement
negotiated between the Lubicons and the ERCB in order to let people get
through the day with a minimal amount of damage to involved interests while
the bigger question of land ownership and jurisdiction is hopefully sorted
out.
Goldie said "That's why we came to the Lubicons and asked for permission".
Lennarson told Goldie that making things up as he went along did little to
enhance his personal credibility or to advance the interests of his company in
the area. He told Goldie "You came to the Lubicons because you were
instructed to do so by the ERCB pursuant to the earlier mentioned agreement
negotiated between the Lubicons and the ERCB". In this regard Lennarson noted
for the benefit of the meeting the first paragraph of Unocal's October 8th
letter which reads:
"We (Unocal) have been advised by the Energy Resources Conservation Board
that the consent of the Lubicon Lake Nation must be obtained in support
of the referenced plant expansion".
Moreover, Lennarson said, Goldie had similarly misrepresented the 1985-86
dispute over the twinning of the pipeline as a good will meeting during which
Unocal graciously agreed not to twin the pipeline because the Lubicons
objected. In fact, Lennarson said, the Lubicons objected to the twinning of
the pipeline and Unocal ignored them. He said that the Lubicon people went to
court to try and stop the twinning of the pipeline and Unocal successfully
beat back the Lubicon legal challenge. He said that Federal Inquiry Officer
E. Davie Fulton made a personal plea to Unocal to not proceed with the
twinning of the pipeline while Mr. Fulton finished his inquiry and that
Unocal, in a manoeuvre reminiscent of current Unocal tactics regarding the new
sour gas processing plant, only agreed to meet with the Lubicons to inform
them about all of the supposed benefits of twinning the pipeline. In the end,
he said, Unocal only backed-off after the Lubicons threatened to stop the
twinning of the pipeline on the ground and Lubicon supporters organized a
protest of such magnitude that Unocal was forced to shut down their telephone
switchboard, lock-up the Calgary headquarters and ask the Lubicons for a
meeting during which there was a negotiated agreement providing that Unocal
would not loop the pipeline across a particularly sensitive 25 square mile
area.
Chief Ominayak reiterated "We don't want the plant -- hearing or otherwise".
Rob Barber said "Hearings are win or lose". He said "We would prefer a
negotiated settlement". He said "Perhaps that's not possible".
Barber said "I would like to get back to Bernard later this week on the
question of a hearing". He said "I understand the position of the two
parties". He asked Chief Ominayak "Who shall I call -- you or Fred?"
Chief Ominayak said "Either although Fred might be easier to reach".
John McInnis asked "What happens to construction in the meantime?" He said
"I'm not a lawyer but with a decision pending no prejudicial action should be
taken".
Karen Ulch said "I don't know what can be done".
McInnis asked Goldie "What is Unocal's position on stopping construction?"
Goldie said "We'll consider our position tomorrow".
Randy Lawrence asked "When will you get back to the Band?"
Goldie said "We'll get back to the ERCB".
Denys Auger asked "Don't you want to deal with the Band?"
Goldie said "We will respond to both the ERCB and the Band tomorrow".
Goldie offered to help with the community medical problems mentioned earlier
by Chief Ominayak.
Chief Ominayak said "The help we need from Unocal is to get your plant out of
our territory".
(Continued in Part 3)