Lubicon Lake Indian Nation Little Buffalo Lake, AB 403-629-3945 FAX: 403-629-3939 Mailing address: 3536 - 106 Street Edmonton, AB T6J 1A4 403-436-5652 FAX: 403-437-0719 November 24, 1990 Buchanan Lumber commenced logging operations on unceded Lubicon lands at the end of October, despite an agreement with Daishowa and clear notice that the Lubicon people would physically oppose logging in the unceded Lubicon area at least prior to settlement of Lubicon land rights and negotiation of an agreement respecting Lubicon environmental and wildlife management concerns. Shortly thereafter employees of a wholly owned Daishowa subsidiary called Brewster Construction were caught bulldozing logging roads on Lubicon Chief Ominayak's trapline. On November 8th the Lubicon people broadened the scope of the impending confrontation -- deliberately making it far more difficult to predict where they might take action in their own defense -- by issuing a statement indicating that any resource exploitation project operating on unceded Lubicon territory without Lubicon authorization will be "SUBJECT TO REMOVAL AT ANY TIME WITHOUT FURTHER NOTICE". Alberta Provincial Attorney General Ken Rostad responded to the Lubicon statement by incorrectly describing the jurisdictional dispute between the Lubicons and Canadian Government as a dispute between the Lubicons and logging companies, by saying that the Lubicons would "be making a foolish mistake" if they didn't knuckle under to imposition of Provincial Government laws over unceded Lubicon lands, and by repeating the discredited claim that Chief Ominayak agreed at Grimshaw that the Lubicon people would respect Provincial laws. (A copy of the full text of the Grimshaw Agreement is enclosed. It's a reserve land deal only, which makes no mention of any agreement regarding Lubicon "respect" for Provincial Government laws.) On November 19th Lyman Brewster publicly denied Lubicon charges that his employees had tried to sneak into the unceded Lubicon territory after his earlier public assurances that Brewster Construction would not be logging in the Lubicon area this year. Rather what happened, Mr. Brewster claimed, is that "(The Lubicons) ran into one of our people who was in the (Lubicon) area on his own for some unknown reason". Mr. Brewster's claims were then publicly contradicted by Daishowa spokesman Jim Morrison, who shortly thereafter advised the media that "Brewster will commence logging operations tomorrow (in the disputed area)." Mr. Morrison argued that Brewster logging of unceded Lubicon lands didn't contravene the Lubicon agreement with Daishowa because, supposedly, Daishowa's agreement with the Lubicons provided that Daishowa would only stay out of unceded Lubicon territory until the Lubicon concluded the Grimshaw Agreement with the Alberta Government in October of 1988. (The agreement between Daishowa and the Lubicons had of course been negotiated in March of 1988, at a time when nobody could have possibly known about or predicted the Grimshaw Agreement.) Lastly Mr. Morrison inspired reporters to check on the size of the Brewster logging operation in unceded Lubicon territory, by attempting to minimize its scope and significance. He suggested that it was located in an area where Brewster had been working for some years and that it was so small as to be insignificant in the overall scheme of things. As it turns out Brewster is planning to log more than 1,000 hectares in 70 days, or about 15 hectares a day. For non-metric thinkers, 15 hectares a day is about 40 acres a day. For sports-minded thinkers, 1,000 hectares is an area greater than 2,000 football fields. Enclosed for your information are copies of related media coverage. ***************************************************************************** 9 Attachments to November 24, 1990, Lubicon Up-Date Mail-Out (only those not previously posted are included; those previously posted are noted and dated) * * * * * Attachment #1: October 24, 1990, Provincial Lubicon negotiator John McCarthy letter to Federal Lubicon negotiator Brian Malone, attaching copy of "Grimshaw Agreement" of October 22, 1988. Dear Sir: RE: Lubicon Land Claim Pursuant to the meeting between the Premier and Chief Ominayak at Grimshaw, Alberta on Saturday, October 22, 1988, please find enclosed details of the proposal together with attached schedules for consideration by Canada which is presented jointly by the Band and Alberta after meetings of their respective negotiating teams this morning. For purposes of this proposal, the larger area as outlined should be considered in Schedule 1. We await your response to this proposal. ALBERTA/LUBICON BAND PROPOSAL 1. Alberta is prepared to transfer to Canada the administration and control of 79 square miles of provincial Crown land including mines and minerals, to enable Canada to establish an Indian Reserve for the use and benefit of the Lubicon Lake Indian Band and its members. 2. Alberta is prepared to sell to Canada at fair market value the fee simple interest, excluding mines and minerals, to a further 16 square miles for use by the Lubicon Band. 3. Canada will be responsible for the compensation of all third party interests, surface and subsurface, within the 79 square mile area in order that the lands are rendered "unoccupied" prior to transfer by Alberta to Canada. 4. Canada will be responsible for the compensation of all third party surface interests within the 16 square mile area. 5. Any arrangements concerning the surface of the 16 square mile area will be between the Lubicon Band and Canada. Alberta will retain ownership and control of mines and minerals. No development will occur on these lands without the consent of both Alberta and the Band. 6. The lands referred to in 1 and 2 above will approximate the lands identified in Schedules "1", "2" and "3" attached, the precise boundaries to be subject to further negotiations. 7. Notwithstanding 6, it is understood that, generally, the lands to be transferred will not involve currently producing oil and gas interests. 8. Notwithstanding 6, it is understood that Alberta will retain access to Lubicon Lake. 9. The Band and its members will provide a full and final release to Canada and Alberta, in a manner satisfactory to Canada and Alberta, with respect to the claims of all of the 477 people on the Band's membership list as of March 17, 1988. ***************************************************************************** Attachment #2: Edmonton Journal, November 10, 1990 ROSTAD WARNS LUBICONS IN LOGGING FEUD Journal Staff Edmonton The Lubicon Lake Indians will be making a foolish mistake if they break the law in their dispute with logging companies, warns Attorney General Ken Rostad. "We have an agreement with the chief that our laws will not be broken and I can assure him that if they are broken, they'll be upheld," Rostad said at the legislature Friday. Rostad was referring to the so-called Grimshaw accord of October 1988 between Premier Don Getty and Lubicon Chief Bernard Ominayak. Ominayak told demonstrators in Edmonton on Thursday night that logging equipment now working in lands claimed by his band is subject to removal at any time. ***************************************************************************** Attachment #3: Alberta Report, November 19, 1990 Timothy Seefeldt The Next Oka? The Lubicon vow to stop logging on their land claim Ever since the army rousted the Mohawk warriors from behind their barricades on a reserve near Oka, Que., on the Labour Day weekend in September, Indian militancy across Canada has been relatively subdued. But that could soon change. Chief Bernard Ominayak of Alberta's Lubicon Lake Indian band hinted late last week that there is the potential for violent confrontation in Little Buffalo (360 kilometres) northwest of Edmonton) in order to protect the band's claim to forest and energy resources. At an anti-pulp mill rally in Edmonton last Thursday, the chief warned ominously that until the claim is settled, any company without a band permit would "be subject to removal" -- adding he hoped "things don't get out of hand". Chief Ominayak's tough talk was sparked by reports that two logging companies had begun cutting some of the 4,000 square miles of forest the band claims as its own. The Lubicon leader said Brewster Construction Ltd. -- a subsidiary of Daishowa Canada Co. -- had been "sneaking" onto the land, along with Buchanan Lumber Ltd. of High Prairie, which sells softwood to Daishowa's Peace River pulp mill. Band advisor Fred Lennarson says the Lubicon are outraged because they thought they had Daishowa's word that no logging would be done before the claim was settled. "They've tried to skirt around the issue by using sub-contractors," he charges. Force, says Mr. Lennarson, is now the only option. But he won't say exactly what measures the Lubicon plan to take. Keeping their plans a secret is the band's best weapon, he suggests, since without knowing how or when the Lubicon will take action, it will be difficult for the companies to prepare. After years of delays over the band's claim, says Mr. Lennarson, the Lubicon are convinced drastic tactics are necessary to force the federal government into settling the dispute. Militant action against the timber companies is the way to do it, he adds, since the area of the claim is part of Daishowa's 19,300 square mile forest management agreement with the province. Talks between the band, the province and Ottawa stalled in 1989. "There's no place else to go," said Mr. Lennarson. "(The band) can either go down with a bang or with a whimper." Buchanan Lumber owner Gordon Buchanan refused to talk to reporters last week. But Chuck Bissell, co-owner of a logging company that has chosen to stay out of the disputed territory for the time being, says he hopes the government will end the dispute soon one way or the other. "We have to go in there and log next year," he says. Meanwhile, the Lubicon sabre rattling shows no sign of diminishing: "The other side has to learn that there is a cost to not settling (the claim) as well as to settling," says Mr. Lennarson. "It's a very serious message." ***************************************************************************** Attachment #4: November 20 Ecomedia Toronto Bulletin #88 LOGGERS MOVE IN... LUBICONS VOW DIRECT ACTION Buchanan Lumber, Ltd. began logging operations in unceded Lubicon territory two weeks ago, finally making the threat that has hung over the heads of the Lubicon people for over a year a reality. The Lubicon Cree Nation of northern Alberta has withstood over 10 years of intense oil development on their lands, development which destroyed their traditional hunting and trapping economy and forced 95% of the nation onto welfare. Forestry is the latest in a litany of injustices perpetrated against this 500 member Native community. Buchanan is one of four companies that threatened to start logging this fall; three others then promised not to cut this season. However Brewster Construction, a subsidiary of the Japanese multinational Daishowa Inc., has begun cutting logging roads through known Lubicon traplines in the area, all the while denying it to the press. On November 8, Bernard Ominayak, chief of the Lubicon Nation, released the following statement: "After years of unsuccessfully trying to protect Lubicon land rights through the Canadian Courts and around the negotiating table -- during which time unauthorized resource exploitation activity in our unceded traditional territory has continued at an ever accelerating rate doing great and growing damage to our traditional society and way of life -- the Lubicon people have regretfully concluded that we have no choice but to once again enforce our legitimate jurisdiction over our unceded traditional territory and to defend ourselves and our lands as best we can. Effective immediately anyone wishing to exploit natural resources in unceded Lubicon territory will require operating permits, licenses and leases from the Lubicon people...failure to obtain such operating permits, licenses and leases will make unauthorized projects subject to removal at any time without further notice..." The Lubicon Nation has also refused to negotiate with the province any further until they stop granting development leases to unceded Lubicon lands. The Lubicon nation was promised a reserve 50 years ago. The promise was never kept, and since the discovery of massive oil deposits under their land, every attempt has been made to delay, divide and destroy the community. Two years ago the nation blocked access roads to their traditional lands, resulting in 27 arrests and a new round of negotiations with the federal government, which broke down in January 1989. Last December Petro Canada and Norcen shut in their oil wells after the nation threatened to dismantle them if they didn't pay royalties to the Lubicons. Now, with the added destruction wrought by foresters, the nation's strategy is to dismantle all developments; with hundreds of oil wells, pipelines, hydro towers, and other structures on their land, there's no way all these can be protected by police. The nation's corporate enemies might also be reminded that their other developments are located in remote areas across Canada, and if things heat up in the Lubicon territory it's possible outside supporters might take action in solidarity, much like the wave of solidarity actions during the Oka crisis this summer. The warning has been given; let the cards fall where they may. ***************************************************************************** Attachment #5: Edmonton Sun, Wednesday, November 21, 1990 -- "Loggers cut chief's trap line" (previously posted) ***************************************************************************** Attachment #6: Transcript of CBC TV Newsday Broadcast (11:00 P.M.) Wednesday, November 21, 1990 Larry Langley, CBC Newsday The Lubicons say their warning against logging companies is not a bluff. A showdown may be coming between the Lubicon Indians in northern Alberta and Daishowa, the operator of that new pulp mill near Peace River. One of Daishowa's subsidiaries is cutting trees on land claimed by the Lubicons. And the Lubicon Chief says the Band is determined to stop the logging. Graham Thompson reports. Graham Thompson, CBC Newsday Lubicon Indians want this logging stopped immediately. They say this land and these trees belong to the Lubicons. It's an issue that still has to be worked out under the Indians' land claim with the Alberta and Federal Governments. In the meantime, though, the Indians say no one should be logging here. The logging companies disagree and say they legally have the right to cut down trees here. The company cutting these trees will send some to its local sawmill and the rest to the new Daishowa pulp mill in Peace River. In the same area, another logging company owned by Daishowa is doing the same. That upsets the Lubicon Chief, who says Daishowa is reneging on a deal. Chief Bernard Ominayak, Lubicon Lake Indian Nation ...we've got an agreement with Daishowa not to come in here until this thing is settled. And yet, through different smaller logging companies which they have bought out or made agreements with -- they're still trying to take our trees. From our point of view, our trees aren't going to be taken. Thompson Ominayak won't say how his Band will stop the loggers, but he does not expect they'll use blockades as they did two years ago to stop oil drilling on their land...if the logging continues, however, Ominayak vows to stop it. Ominayak We've got to do something. I think they think we're bluffing. People have thought that before. Thompson Graham Thompson, CBC News, Edmonton. Attachment #7: Transcript of CBC Radio News Broadcast (5:30 P.M.) Wednesday, November 21, 1990 Krysia Jarmicka, CBC News Tensions are mounting between the Lubicon Indians and logging companies. Logging companies have moved into the Lubicons' traditional area in northwestern Alberta. The Indians say the companies have no business there. They're threatening to kick them out. Byron Christopher reports. Byron Christopher, CBC News At the very heart of this dispute in land ownership. Who really owns the Lubicons' traditional territory? Two parties claim ownership -- the Lubicon Indians and the Alberta Government. The Province has given logging companies the green light to cut down trees in that area, and the companies are now doing that. Some of the wood is for the new Daishowa pulp mill in Peace River. A Band advisor, Fred Lennarson, says the Lubicon patience is wearing thin. Fred Lennarson, Lubicon Advisor For ten years the Lubicons have been trying to negotiate a settlement of their land rights while the other side has continued to exploit the resources, and things have reached a point now where if somebody doesn't draw a line someplace, all of the resources will be extracted. Christopher The confrontation is like a complicated chess game only there are more than two players. A key player is Daishowa. It owns a small company that's cutting down trees in the Lubicons' traditional area. The Lubicons have a problem with that. They say it violates an agreement they had with Daishowa that there would be no logging in the area until their land claim has been worked out, and land claim talks are going nowhere. Jim Morrison, a company official, declined to go on tape about the agreement, but he did say the company sees it differently. What it all boils down to is that trouble is brewing. Logging companies maintain they have a right to be there. And the Indians maintain they will protect their land. Byron Christopher, CBC News, Edmonton. ***************************************************************************** Attachment #8: Edmonton Journal, Thursday, November 22, 1990, "Daishowa breaking deal Lubicon's Ominayak says" (previously posted) ***************************************************************************** Attachment #9: The Windspeaker, November 23, 1990 FINAL WARNING GIVEN TO LOGGING COMPANIES by Amy Santoro Windspeaker Staff Writer Edmonton Lubicon Lake Chief Bernard Ominayak has issued a final warning to logging companies working on lands claimed by his band. Unauthorized logging equipment on lands claimed by the band "will be subject to removal at any time," said the chief, who told protesters gathered outside the Manulife building in Edmonton Nov. 8 "this is the only warning they'll get. "We have given notice, effective today, they have to have the proper authorization permits from the Lubicon people if they want to continue," he said to the crowd of 200 demonstrators, who managed to block four lanes of traffic on 101st Street, during the protest against Japanese logging operations in northern Alberta. He said approval of such operating permits, licences and leases "will be subject to the payment of past and future royalties and to compliance with Lubicon environmental protection and wildlife management laws." Ominayak said subcontractors working for Buchanan Lumber of High Prairie have begun logging operations about 48 km northeast of Little Buffalo even though they were warned not to. On Aug. 31, when a Daishowa subsidiary and three other companies announced their plans to log on Lubicon claimed land, Ominayak said the Band would take whatever action was necessary to "stop them from logging on our traditional land." Buchanan Lumber officials could not be reached for comment. Ominayak said it is difficult to say what will happen when "after years of unsuccessfully trying to protect Lubicon land rights through the Canadian courts and around the negotiating table the Lubicon people have been forced to defend ourselves and our land as best we know how." Lubicon advisor Fred Lennarson, who has been left out of the removal plans for security reasons, said a number of actions could be taken. Roads, oil pipelines, bridges and power lines in the 10,000 sq.-km. disputed land area could be targeted, he said. The attorney general's office has warned that if the Lubicons break the law in their dispute they will be dealt with in accordance with the law.