Reproduced for your continued information on the struggle of the Lubicon Lake Indian Nation are two articles and a radio transcript on the announcement by the japanese pulp and paper giant Daishowa to start clearcutting traditional Lubicon territory. For more information on the Lubicon's quest for a fair and honourable settlement of their long outstanding landclaim consult the topics LUBICON HISTORY ONE to EIGHT earlier in this conference. ************************************************************************ ARTICLE RE-PRINTED WITHOUT PERMISSION FROM ALBERTA NATIVE NEWS, September, 1990 BETRAYING THE LUBICON AGAIN by Dale Stelter The recent announcement by Daishowa of Canada that it plans to log on traditional Lubicon territory is yet one more chapter in the decades- long series of betrayals that the band has suffered. That chapter began when the Alberta government didn't even bother to consult the Lubicon when it handed the band's traditional land over to Daishowa. Like aboriginal people across Canada, the Lubicon have been subjected to many forms of deception. In the 1940s, a federal civil servant unilaterally removed a number of Natives in northern Alberta from the lists of registered Indians. The intent was to reduce Lubicon band membership to where establishment of a reserve wouldn't be warranted. In the 1950s, it was suggested to the Lubicon that they select a more "administratively convenient" site for their reserve -- away from their oil-rich traditional territory. In another case, the Lubicon were subjected to the actual rewriting of provincial legislation. That occurred after the government of Peter Lougheed launched its plans to open up the northern parts of Alberta to resource exploitation. When, in 1971, the provincial government started building an all-weather road into traditional Lubicon land, the band contacted the Indian Association of Alberta for advice as to how to respond. The IAA advised that the Lubicon file a caveat -- which had no force in law -- with the Alberta Land Registration Office, serving notice that the title to the land was contested. The Alberta government refused to accept and file the caveat, as prescribed by the provincial law of that time. Consequently, the Lubicon took the government of Alberta to court, to try to make it obey its own law. The provincial government lawyers asked the courts to postpone the hearing, pending the outcome of a similar case in the Northwest Territories, called the Paulette case. Although the Paulette case went against the Natives, the decision read that, had the land registration law in the Territories been written the same as in Alberta and Saskatchewan, the court would have held in the Indians' favour. The Alberta government then went back to court, asked for another postponement of the hearing, and then rewrote the relevant legislation - - retroactive to before the Lubicon tried to file their caveat. The judge then dismissed the Lubicon's case as no longer having any basis in law. Any illusions that the Lubicon had about the legal system in Canada continued to be shattered. For instance, the Lubicon had another case over-ruled by a provincial court judge who happened to be the former head lawyer for an oil company. When the Lubicon appealed that decision, the judge who put himself at the head of the appeal panel was the former lawyer for Peter Lougheed's family. When that judge died, the person who replaced him was the ex- president of the Alberta Progressive Conservative Party. Not surprisingly, the original decision of the former-oil-company-head- lawyer-turned-provincial-court-judge was upheld. The Lubicon then appealed the decision of the Alberta Court of Appeal to the Supreme Court of Canada, who -- without saying why -- declined to hear the Lubicon appeal. One of the judges on the Supreme Court of Canada panel was an ex-oil company lawyer, who later retired from the Bench and was appointed to the Board of Directors of a large petro- chemical conglomerate with interests in the Lubicon traditional territory. These are just a small sample of the obstacles faced by the Lubicon during the past 50-plus years. At times, the Lubicons' struggle truly crosses the border into the realm of the unbelievable. One can only wonder when it will stop. ************************************************************************ ARTICLE RE-PRINTED WITHOUT PERMISSION FROM ALBERTA NATIVE NEWS, September, 1990 DAISHOWA PLANS TO LOG ON LUBICON TRADITIONAL LAND by Dale Stelter Daishowa of Canada has announced that it plans to harvest trees in territory claimed by the Lubicon Lake Band, (if possible). A Daishowa subsidiary and three other sub-contractors will be doing the logging this winter. The companies are Daishowa-owned Brewster Construction Ltd., of Red Earth; Buchanan Lumber Ltd. of High Prairie; Boucher Bros. Lumber of Nampa; and Bissell Bros., of Enilda. Daishowa had purchased Brewster Construction earlier this year. Daishowa spokesman Wayne Crouse told the Edmonton Journal that the companies "will be logging in the area that is claimed to be the traditional hunting and trapping areas this winter." The proposed logging has been in contention for nearly three years, as the Lubicon were never consulted when the Alberta government allocated the Band's 10,000-square kilometre traditional territory as part of Daishowa's Forest Management Agreement area. A proposed 65-square kilometre reserve area, completely surrounded by Daishowa's FMA, was not included in the allocations. The Lubicon, who state that they have never signed a treaty, are currently involved in a decades-old land rights dispute. Although the Lubicon had previously requested information from the Alberta Government regarding land dispositions to Daishowa, and were told that they would be informed as soon as decisions were made, the band did not learn of the allocations until early 1988, when construction of the company's mill was announced. At a subsequent meeting with Daishowa representatives -- held on March 7, 1988 -- the Lubicon were told that the company wanted to work out a mutually acceptable arrangement directly with the Band. During the meeting, Daishowa vice-President Koichi Kitagawa said that "We're prepared to talk to the Lubicon people before trying to do any cutting in the traditional Lubicon area." Henry Wakabayashi, of the engineering firm Pacific Liaison, told the Lubicon that "We know about building pulp mills, not about land claims," and "I can assure you that we are concerned that the question of Lubicon land rights is settled." In a letter dated March 25th, 1988, Kitagawa wrote that "we will endeavour to co-operate and consult with the Lubicon people prior to the planning and harvesting of the timber resources." However, representatives of the Alberta Forest Service recently delivered a logging schedule to Lubicon Chief Bernard Ominayak. That schedule shows that the logging companies will be harvesting timber in five areas within the Lubicon's traditional territory. Lubicon advisor Fred Lennarson emphasized that Daishowa has not followed through on commitments made to the Lubicon. He said that Daishowa assured the Lubicon it would not log on the band's traditional territory until the Band's land rights dispute was settled, or an agreement was reached that addressed Lubicon concerns about environmental protection. Lennarson also said that the Alberta Forest Service did not answer some additional questions asked by the Lubicon, regarding such matters as volumes to be harvested. The Lubicon say that they will try to stop the harvesting, but declined further comment as to the methods they will use. The band was critical of Daishowa's statement that it had held off from logging in the hope that the band would reach a land claim settlement. Instead, the band says, Daishowa was simply waiting until the logging infrastructure, such as roads and bridges, was in place. ************************************************************************ Transcript of CKUA Radio News Broadcast (5:15 P.M.) Monday, September 24, 1990 Tasha Larson, CKUA News Two logging companies have informed the Lubicon Lake Band that they plan to begin logging in areas around the Lubicon settlement. The regions slated for logging are part of an unsettled land claim. The area has been leased to Daishowa by the Provincial Government. The two companies, Boucher Brothers and Brewster Construction -- a subsidiary of Daishowa -- are contracted to feed the Daishowa pulp mill in Peace River. The two companies held talks with the Lubicon Band today. Band Advisor Fred Lennarson says Daishowa had earlier promised not to log in the area until the land claim was settled. He said today the logging companies made it clear that they plan to go ahead. Fred Lennarson, Lubicon Advisor I personally don't think the Province should be leasing this land, the title of which is in dispute. I don't think the courts should allow it. I don't think the Government should do it. And I think the Canadian Government and the Canadian Courts should act with some honour and dignity and integrity. But I don't think there's any hope of that happening now or in the future, if one looks at what's happened so far. Larson The Lubicons have said they will not allow logging on the land they claim as their traditional hunting ground. They will not specify what action they might take if logging goes ahead. ************************************************************************ For more information contact web:car by e-mail or in writing Aboriginal Rights Support Group Committee Against Racism P.O. Box 3085, Station B Calgary, Alberta T2M 4L6