Attachment #1: LUBICON SETTLEMENT COMMISSION OF REVIEW 10336 - 114 Street Edmonton, Alberta T5K 1S3 (403 488-4767 FAX: (403) 488-4698 STATUS REPORT (July 16, 1992) The Lubicon Settlement Commission of Review was established in May, 1992. The first task of the Commission was to invite the three parties to the dispute, the Lubicon Nation, the Federal government and the Provincial government, to attend before it to explain their respective proposals and positions with respect to the dispute. The Lubicon nation accepted the invitation and appeared before the Commission for a public hearing on June 1 and 2, 192. At this time the Federal and Provincial governments had not responded to the Commission's invitation. At that hearings the Lubicon representatives were given an opportunity to present their proposal and answer many questions that the Commission had with respect to it. The next hearings were held on June 29, 1992. By this time both levels of government had refused to attend. The Federal Government stated that it was subject to an agreement between itself and the Lubicon people that provided that it would not discuss the negotiations or its position with any other party. The Lubicon people advised that there was no such agreement and that they would welcome the Federal government's appearance before the Commission. The Provincial government advises that its position is public and that nothing could be gained by it appearing before the Commission. On June 29, 1992 the Commission publicly reviewed the Federal proposal and raised many of the questions it would like the Federal government to address. A copy of these questions is attached. On June 29, 1992 the Commission also heard from Bill Phipps of the United Church of Canada and John Stellingwerff of the Christian Reform Church. Both of these gentlemen visited Little Buffalo in June 1992 with the ecumenical group of church representatives who had made a similar visit in 1984. The Commission was originally to have provided its final report by July 31, 1992. This will not be possible as the Commission does not have all of the information it requires. It intends to pursue the questions arising out of the Federal government's proposal as well as invite other witnesses to attend before it. It also plans to visit Little Buffalo on August 6 and 7 and to hold hearings in Peace River on August 7. Once it has completed its assessment of the facts it will present its final report. It will not at this time address any conclusions or recommendations as it is not in a position to do so. For further information contact: Father Jacques Johnson (488-4767); Jennifer Klimek (425-2041/439-3928) QUESTIONS WITH RESPECT TO THE FEDERAL PROPOSAL AS DISCUSSED AT JUNE 29 HEARINGS The Commission has reviewed the Federal proposal and has the following questions: HISTORY Why was a reserve not established in 1939? Has the government ever recognized the Lubicon people as an Indian band? If not, why not? Why did the Woodland Cree obtain band status? Does the government recognize that there has historically been an injustice to these people? What happened to the Fulton report? Was it ever made public? Why did those discussions not continue? Why was this report not used for its intended use? Did the government suggest arbitration? Was a list of arbitrators put forward by the government and accepted by the Lubicons? If so, why were they never used? What benefits have the Lubicons received to date? What are the reasons for not settling this matter? THE NATURE OF THE CLAIM How does the government view the claim; is it a specific claim or a comprehensive claim? Has the federal government ever settled a claim on the basis of a comprehensive claim with a band that is subject to a treaty? If the Lubicons have never signed a treaty why is the government reluctant to settle it as a comprehensive claim? THE LUBICON AGREEMENT Has the federal government reviewed the Lubicon proposal? How does it view that proposal? What is the government's view on the sections of the Lubicon proposal that deal with self-determination and self-government? What parts of the agreement, if any, have been agreed upon, such as membership, reserve size, community construction and delivery of programs and services? Are there any legal impediments to accepting the Lubicon proposal? Doug Hoover (Assistant to Tom Siddon) has advised that the federal government could not accept this proposal even if it wanted to as it may be illegal. What is the basis for this position? THE FEDERAL PROPOSAL Why does the government define their offer as being generous? How does the offer compare with other offers being made? How does the government propose these people are to develop an economic base for their community? Why are there no firm economic development strategies in the proposal and how do they perceive the Lubicons as surviving with this proposal? Is it imperative that all of the issues in dispute must be settled before other parts of the agreement can be instituted, i.e. can the question of aboriginal rights or self government be dealt with after other parts of the claim are settled? Can the question of compensation be left until after the economic and structural programs are initiated? Are they concerned about the settlement of this offer being a precedent for other claims? The government proposal provides for funding under other programs. However the Lubicons must apply for this funding and must obtain approval before they are granted this money. There is no guarantee that they will get it. How are these figured into the settlement? Does the government recognize a claim for compensation? How does the government propose to calculate the compensation as there are four methods: 1. on the basis of damages for a lost economy; 2. on the basis of lost resources; 3. on the basis of loss of services since 1939 when the reserve should have been granted; 4. on the basis of what DIAND gave other natives elsewhere? The government has stated that the Lubicons could accept this proposal and then have the compensation issue determined by the courts. Does it still maintain this position? If so, how does it reconcile this position with the fact that the agreement provides a release of the government of any further claims? Are they willing to raise the dollars from 1988 dollars to the current value? Is there any concessions the government is willing to make for the delay in settling this claim such as using 1988 dollars or paying interest on any sums? Is the government willing to complete the negotiations in public? QUESTIONS WITH RESPECT TO THE PROVINCIAL PROPOSAL AS DISCUSSED AT JUNE 29 HEARINGS In addition to the questions raised with respect to the Federal government the Commission has the following questions with respect to the Province's position: How does the Provincial government view the legislation that was passed retroactively to deal with the caveat filed by the Lubicons? Is the Provincial government willing to stand by the Grimshaw agreement with respect to the land for the reserve? What is the Provincial government's view on compensation? What is the value of the resources that have been extracted from the area over which the Lubicons claim aboriginal rights? Is the Provincial government willing to impose a moratorium on any further extraction or development on the disputed territory or to put the money into a trust account until the matter is resolved? Why cannot the vocational school be located on the reserve? * * * * * Attachment #2: Transcript of CBC Radio News Broadcast (5:30 P.M.) Thursday, July 23, 1992 Pat Barford, CBC News It's back to the drawing board tomorrow for the people trying to settle the Lubicon Lake land claim. Tom Siddon, the federal Minister of Indian Affairs, and Bernard Ominayak, the Chief of the Lubicon Lake Indian Band, will hold private talks in Edmonton. The Lubicon, who live in the Peace River country, have been trying to get a reserve since 1939. Byron Christopher reports. Byron Christopher, CBC News Tom Siddon and Bernard Ominayak met about a month and a half ago in Little Buffalo, home of the Lubicons. The two sat across from one another at a table in a machine shed. But when it came to negotiations they were miles apart. The government offer is worth up to $45 million and the Lubicons say not all of that is firm money. The Band says the government offer falls far short of what it would need to be self- sufficient. The Indians say they need $170 million or so to build a new economy since their old one -- hunting and trapping -- has been destroyed by oil and gas development. Included in the Lubicon proposal is compensation for resources taken from land the Indians maintain belongs to them. The government, which says the area is Crown land, does not want to pay any compensation. Last fall the Lubicons gave the government a counter offer but they say the government has yet to comment on it. Byron Christopher, CBC News, Edmonton. * * * * * Attachment #3: July 24, 1992, Tom Siddon letter to Chief Bernard Ominayak Dear Chief Ominayak: I am pleased to provide you with a new federal offer to settle the claim of the Lubicon Lake Indian Nation in reply to the settlement proposal which your people put forward to the Government of Canada on November 1, 1991. I hope you will find that it responds fairly and generously to all the elements in your proposal. The attached summary and response deals with all the elements of the Lubicon Lake proposal except the matter of band membership, since you have not yet provided a list of your members. It is based on the meetings that you and I have had, as well as the extensive negotiations that have been going on between our officials and lawyers over the past eight months. Canada's offer is based on your information that there are 500 band members. If the number of eligible band members turns out to be greater than 500, Canada is prepared to increase our offer; alternatively, if the number of eligible band members is less than 500 then our offer will be reduced. Based on 450 of the estimated 500 band members living on reserve, Canada is prepared to offer $53.3 million in benefits over five years to settle your claim. Of this, $20 million would be payable in the first year after settlement excluding operating funds. You will see that the new federal proposal goes well beyond our 1989 offer in several important ways. First, it includes an expanded and more flexible economic development package totalling $12.5 million, to better enable your people to build a sound economic future for themselves. We are also prepared to offer $2.5 as an incentive to settle the claim. Our new offer also provides for the arbitration mechanism which your lawyers and my officials agreed to recommend on July 8. This would allow the band to address its claim for compensation through binding arbitration. Approximately $38.3 million of the offer would be made available for the construction of a new community for your band. Due in part to the declining construction costs, my officials are confident that your capital plan can be completed within the $38.3 million if it is constructed in accordance within national service standard levels and by efficient management practices. The final figure will be confirmed once your population has been verified and the work of your consultants in estimating the costs for the construction of the community has been complete.d This includes up to 120 new and relocated houses, full water and sewer services, roads, electricity and natural gas distribution, a band office, community hall, health centre, fire station, school and teachers' residence, as well as project management and planning costs. In addition to Canada's offer, the Government of Alberta will contribute 95 square miles of land, of which 79 square miles would include full mineral rights. The value of this land at current market prices is $10.5 million. Alberta has also to date offered $9 million in financing to help resolve the claim. The total federal and provincial package thus amounts to more than $73 million based on your estimate of 500 band members. We look forward to receiving your list of band members who agree to participate in the collective adhesion to Treaty Eight as soon as possible so that this package can be finalized. We are ready to add to this settlement package a five-year Alternative Funding Arrangement (AFA) to provide the band with $17.7 million in operating funds which will be phased in as community construction is completed. I hope you will agree that the new offer is a fair and generous one, worked out through careful and painstaking negotiations in good faith between us and our officials and lawyers. Once you and your band council have had a full opportunity to review the attached proposal, I would urge you to let me know if you feel that there are any areas requiring further discussion. You may also wish to suggest next steps. For example, if the proposal generally meets with your approval, you may wish to consider having our negotiators draft an agreement-in-principle which you could take to your members and I could take to Cabinet for approval. It would also be useful for us to continue discussions with Alberta. I hope that the many months and years of effort on both our parts will now bring this claim to a satisfactory and final conclusion so that your people may begin at last to build a brighter, more prosperous future. Yours sincerely, Tom Siddon, P.C., M.P. * * * * * Attachment #4: July 24, 1992, Federal Government document entitled "Comparison of Federal (1989) Offer, Federal (1992) Offer" (Not included -- available by mail upon request) * * * * * Attachment #5: Transcript of CFRN TV News Broadcast (6:00 P.M.) Friday, July 24, 1992 cccc Susan Amerongen, CFRN TV The federal government has come up with a new proposal for the Lubicon Indian Band in a bid to settle the Band's long-standing land claim. The Federal Indian Affairs Minister isn't providing any details, but Tom Siddon did say the new deal addresses the Lubicon demand for money to help reach self-sufficiency. * * * * * Attachment #6: Transcript of CKUA Radio News Broadcast (12:00 Noon) Friday, July 24, 1992 CKUA News The federal government has responded to a settlement proposal by Alberta's Lubicon Indians, but neither side is saying what that response is. Federal Indian Affairs Minister Tom Siddon came to Edmonton today to meet with Lubicon Chief Bernard Ominayak in the latest round of talks aimed at settling the Band's 50-year old land claim. But as CKUA's Erin Carpenter reports, both men are keeping mum on what's being discussed. Tom Siddon, Federal Minister of Indian Affairs Given the thought and the discussion that's occurred between the parties, I hope this will be a good foundation for a deal. Erin Carpenter, CKUA News That's about all the Indian Affairs Minister Tom Siddon would say about Ottawa's response to the Lubicons' latest proposal for a settlement. Siddon met with Chief Bernard Ominayak for about an hour this morning, but afterwards neither would say much about their meeting. The Lubicons are seeking $170 million from the federal and Alberta governments in compensation, lost energy royalties and to help build the infrastructure for a settlement in northern Alberta. Tom Siddon gave Ottawa's response to the Lubicon proposal today, but Chief Ominayak says he'll have to examine it with Band members before deciding what to make of it. Chief Bernard Ominayak, Lubicon Lake Indian Nation I haven't looked at it in detail at all. There were other issues that we discussed and I think worked out today and hopefully we'll get into further productive discussions. Carpenter Ominayak says he hopes to respond to Ottawa's counter-proposal within the next three weeks. Erin Carpenter, CKUA News, Edmonton. * * * * * Attachment #7: Transcript of CBC Radio News Broadcast (5:30 P.M.) Friday, July 24, 1992 Pat Barford, CBC News The Lubicon Cree Indians have another land claim offer from the federal government to think about. The Minister of Indian Affairs gave the Lubicon Chief a new proposal this morning when the two met in Edmonton. The Lubicon Cree, a small Band of Indians in northwestern Alberta have been trying to get a reserve for more than half a century. Byron Christopher has the story. Byron Christopher, CBC News Chief Ominayak and Tom Siddon met for more than an hour behind closed doors. Each had their own advisers. And when the meeting broke up, neither Ominayak nor Siddon would give reporters details of the offer. But each appeared to hold out hope that a deal could be worked out. Chief Bernard Ominayak, Lubicon Lake Indian Nation I hope that we're able to close the gaps that have been there. As long as the Minister is prepared to meet and have the will to try and settle the Lubicon situation I'm sure we're going to be able to do that. Hopefully in the next little while rather than waiting another 50 years. Tom Siddon, Federal Minister of Indian Affairs It's fair to say, I think Chief, isn't it that we want to find a way to get with funding the construction of a new community for the Lubicon people? Christopher Chief Ominayak says he'll show the offer to his people then get back to Tom Siddon in a couple of weeks. Byron Christopher, CBC News, Edmonton. * * * * * Attachment #8: Transcript of ITV News Broadcast (10:00 P.M.) Friday, July 24, 1992 Gordon Steinke, ITV News There's optimism tonight that a 50-year struggle by the Lubicon Lake Indian Band is nearing an end. Jacqueline Clarke, ITV News Ottawa has offered the Lubicon Cree a new deal to try to settle the Band's long-standing land claim. Details aren't being released but as Jay Witherbee reports, there are signs an agreement is close. Jay Witherbee A new offer for Alberta Lubicons. More than the federal government has offered before, but it's still unknown if it will be enough to settle a 50-year old land dispute. The Lubicon Cree are seeking a reserve in northwestern Alberta and millions of dollars compensation for oil and timber resources taken from traditional lands. They also want a better life for their people -- roads, schools, houses and jobs. The building blocks for a community. Details of the federal offer aren't being released, but this is the fourth meeting between Siddon and Ominayak this year, perhaps an indication that an agreement is close at hand. Chief Bernard Ominayak, Lubicon Lake Indian Nation Hopefully in the next little while rather than waiting another 50 years. Witherbee Ominayak says the next two months will determine if an agreement in this long dispute is possible. It appears there are still gaps to be filled. Siddon and Ominayak will meet again in three weeks once the Chief has had time to study this latest proposal. Jay Witherbee, ITV News. * * * * * Attachment #9: July 25, 1992, Edmonton Journal article SIDDON SWEETENS PROPOSAL TO LUBICONS But Cabinet must approve Jack Danylchuk Journal Staff Writer Edmonton The Lubicon Cree received a new federal offer Friday that could end their 50-year quest for settlement before autumn. No details were released, but Indian Affairs Minister Tom Siddon hinted that the new proposal includes more money than Ottawa's last take-it-or- leave-it, $45-million offer. However, "everything that is in excess of what was proposed previously will be subject to cabinet approval," he said after a one-hour meeting with Lubicon Chief Bernard Ominayak. "When you see the elements of this proposal you will see that it is our best effort at responding to the matters the Lubicon people have raised," Siddon told reporters. Ominayak said the latest offer is "somewhat different than the past but we need two or three weeks to look at it in detail." "Hopefully, we have been able to close the gaps." The Lubicon have been seeking $170 million -- $100 million of it in a trust fund created with equal contributions from Ottawa and Alberta. Ominayak would not discuss the offer until he presented it to band members at Little Buffalo, 500 km north of Edmonton. Both men sounded more optimistic after their meeting Friday than they did after their first encounter last year and their last meeting in June at Little Buffalo. After the visit by the Indian Affairs minister to the Lubicon community, Ominayak said Siddon was trying to confine the band to the original $45- million offer. Siddon said then that the federal offer would be "vastly less" than $170 million and felt the demand for a $100-million trust fund might best be decided in court. But on Friday the minister said he hoped to avoid the confrontations of the past. "We shouldn't allow disputes about legal aspects to get in the way of the process," said Siddon. "I would like to see us get on with the construction of a new community, and the beginning of a new future for the Lubicon." The Lubicons' $170 million plan would replace traditional hunting and trapping with an agricultural community carved from the forest surrounding Little Buffalo. Also at the meeting were Bob Sachs, the Lubicons' lawyer, and Victor Buffalo, chief of the Samson Cree Nation, which has contributed to the Lubicon claim fight with a $500,000 loan. * * * * * Attachment #10: July 28, 1992, Edmonton Journal Editorial OPTIMISM ON THE LUBICON CLAIM Indian Affairs Minister Tom Siddon has just tramped across his line in the sand. Wonder of wonders, the Lubicon Lake Cree land claim might be settled in this lifetime after all. The federal government put a new offer before Chief Bernard Ominayak last Friday. Neither side is willing to release the details yet, but the chief apparently found the offer sufficiently reasonable to take back to band members for consideration. This is better news than we've had from Little Buffalo in months. Anyone who has followed the Lubicon story for a year or two -- or a decade or two -- will know better than to predict an instant settlement. This is a complex land claim with an acrimonious history and even the government's honorable attempts at compromise have soured quickly. (Dishonorable attempts have been far more numerous, but just as futile.) At last, Ottawa budged. Siddon and his predecessors had insisted for too long that a $45-million package would be a take-it-or-leave-it offer. When Ominayak rejected the proposal as inadequate and unfair, negotiations dwindled into silence. Prospects for a fair settlement have looked so bleak in the past two years that some band members, and many outsiders, frequently despaired that any deal would be reached at all. Perhaps fearing another rejection, Siddon is cautious about this overture. He insists that "everything that is in excess of what was proposed previously will be subject to cabinet approval." It is difficult to imagine that the minister could have improved a multi- million dollar offer without the prior knowledge, and consent, of his cabinet colleagues. In any case, the Lubicon Lake Cree should give serious consideration to this overdue proposal. The federal government has yet to fully acknowledge its responsibility for the Lubicon Lake band's legitimate grievances, and perhaps it never will, but at least Siddon is ready to negotiate again. There is reason for optimism if not celebration. Whatever happens between Ottawa and the Lubicon band in the months ahead, this unresolved claim can't be allowed to drag into the next century. * * * * * Attachment #11: July 30, 1992, Edmonton Journal article SOURCE CLOSE TO LUBICON TALKS UNIMPRESSED BY FEDERAL OFFER Jack Danylchuk Journal Staff Writer Edmonton The latest federal offer to the Lubicon Lake Cree -- said to be worth $73 million -- is "more smoke and mirrors," says a source close to the negotiations. Presented last Friday at a meeting between Indian Affairs Minister Tom Siddon and Bernard Ominayak, chief of the northern Alberta band, details of the offer have been kept secret. Neither side would confirm the rumored value of the package that Siddon said last week "is our best effort at responding to the matters the Lubicon people have raised." Ominayak said then the latest offer is "somewhat different than the past but we need two or three weeks to look at it in detail." The Lubicon have been seeking a package valued in 1988 at $170 million -- $100 million of it in a trust fund that would be created with equal contributions from Ottawa and Alberta, and $70 million in community development costs. The federal government's previous offer for community development was worth a maximum of $45 million in 1988. Ominayak would not discuss the offer until he presents it to band members at Little Buffalo, 500 km north of Edmonton. * * * * * Attachment #12: August 03, 1992, Windspeaker article LUBICONS GET NEW PROPOSAL Indian Affairs Minister Tom Siddon presented a new offer on the 50-year- old Lubicon land settlement dispute to Chief Bernard Ominayak. Neither side was releasing details of the proposal after a one-hour meeting in Edmonton. But Siddon suggested the new proposal includes more money than the government's $45 million, take-it-or-leave-it offer that has been a long-standing point of dispute. "When you see the elements of this proposal you will see that it is our best effort at responding to the matters the Lubicon people have raised," he said. Any offers over the original $45 million will have to be approved by the federal cabinet, he added. Ominayak said he wants two or three weeks to study the proposal before discussing it publicly. He said the latest offer "is somewhat different" from its predecessors. The Lubicon are seeking $170 million compensation for loss of traditional lands around their Little Buffalo reserve 500 km north of Edmonton. Over the years, the band has lost much of its traditional hunting and trapping lands to oil, gas and forestry development. Of that money, the Lubicon want $100 million put in a trust fund made up of equal contributions from the federal and provincial governments. Siddon said the trust fund issue might best be decided by the courts. Siddon and Ominayak last met in June, when Siddon travelled to Little Buffalo. Following that meeting, Ominayak said the Indian Affairs minister was trying to confine the band to the original $45 million offer. Siddon then insisted the federal offer would be much lower than $170 million. The meeting ended with Ominayak demanding a detailed federal response to the band's settlement proposal, which was promised earlier. Following the recent Edmonton meeting, Siddon said disputes over the legalities shouldn't get in the way of the process. "I would like to see us get on with the construction of a new community and the beginning of a new future for the Lubicon." Victor Buffalo, chief of the Samson Cree Nation, also attended the meeting between Ominayak and Siddon. The Samson band has loaned the Lubicon $500,000. Meanwhile, the Lubicon Settlement Commission, a coalition of church and social organizations studying the Lubicon situation, is planning to hold public meetings in Little Buffalo in early August. Business and political leaders from the nearby city of Peace River are expected to make presentations.