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 March 20, 1992 In mid-February Lubicon Chief Bernard Ominayak met twice with Federal Indian Affairs Minister Tom Siddon and Provincial Native Affairs Minister Dick Fowler. While both levels of Canadian Government and Daishowa are actively seeking to create the impression that these two meetings represent progress, in fact no substantive progress toward settlement of Lubicon land rights has yet been achieved. Context and details of these two meetings are as follows. Last October 30th Chief Ominayak received a telephone call from an Assistant to Peace River MP Albert Cooper indicating that Mr. Cooper would like to arrange a meeting between the Chief and Federal Indian Affairs Minister Tom Siddon on November 1st when Mr. Siddon was in Edmonton supposedly "on other business". Known to be under pressure from Daishowa Mr. Siddon clearly wanted the meeting arranged without having it appear that he was responding to pressure. In fact Mr. Siddon later went so far as to falsely suggest to several reporters that Chief Ominayak had requested the meeting. Mr. Siddon insisted that the November 1st meeting be private, confidential, one-on-one, behind closed doors with no media informed or involved. Chief Ominayak reluctantly agreed. Mr. Siddon then promptly breached his own meeting pre-conditions by requesting a meeting with the Editorial Board of the Edmonton Journal to discuss the supposedly private and confidential meeting. During his meeting with the Editorial Board Mr Siddon purposefully set the public stage for his up-coming meeting with the Chief. He claimed that the Lubicons no longer retain aboriginal rights over traditional Lubicon territory because, he said, those rights had supposedly been ceded by the Government-created Woodland Cree Band. He deliberately misrepresented both the Government's so-called "take-it-or-leave-it" offer and Lubicon settlement terms in a transparent effort to make the Government's so-called "offer" appear "generous" and Lubicon settlement terms "unreasonable". He claimed falsely that the Lubicons are being manipulated by white advisor Fred Lennarson whom he falsely charged had a vested interest in preventing settlement. He stated unequivocally that the Federal Government's unacceptable "take-it-or-leave-it" offer to the Lubicons won't be changed except to reduce it to provide for the newly created Woodland Cree Band. And he announced that the Federal Government was in the process of creating another new Band at Loon Lake which he threatened would reduce the Federal Government's so-called "take-it-or- leave-it" offer to the Lubicons even further if the Lubicons didn't quickly grab the Federal Government's rapidly dwindling "take-it-or- leave-it" offer. Following Mr. Siddon's meeting with the Editorial Board an Edmonton Journal reporter named Jack Danylchuk phoned the Lubicon Edmonton office and asked for the Chief's reactions to what Mr. Siddon had told the Editorial Board. The Chief was therefore aware of what Mr. Siddon had told the Editorial Board only a couple of hours prior to the Chief's supposedly private and confidential meeting with Mr. Siddon. During their November 1st meeting Mr. Siddon asked the Chief about the possibility of re-starting negotiations. Given Mr. Siddon's remarks to the Editorial Board that the Federal Government's unacceptable "take-it- or-leave-it" offer won't be changed except to be reduced, the Chief asked Mr. Siddon what they had to talk about. Mr. Siddon declined to discuss "matters of substance" with the Chief saying that he only wanted to talk about re-starting "negotiations". Faced with the unhappy prospect of more talks about talks regarding a so- called "take-it-or-leave-it" offer already known to be unacceptable -- which would undoubtedly only be used politically by Government officials to deflect criticism of Government inaction and blunt the increasingly worrisome Daishowa boycott -- Chief Ominayak gave Mr. Siddon a copy of the comprehensive draft settlement agreement which the Lubicon negotiating team had presented to Provincial negotiators in June of 1990. The Chief asked Mr. Siddon for a reaction to the Lubicon draft settlement agreement to see if there was anything to talk about. Caught off-guard by what amounted to a detailed Lubicon counter-proposal to the Federal Government's so-called "take-it-or-leave-it" offer, Mr. Siddon agreed to "look at (the Lubicon draft settlement agreement) very, very carefully". Immediately following the November 1st meeting Siddon and Co. commenced an obviously pre-prepared barrage of propaganda materials and initiatives clearly calculated to portray the Federal Government as supposedly generous and reasonable, Daishowa as supposedly innocent and uninvolved, and the Lubicons as supposedly dupes of their advisors and impossibly unreasonable. This demonstrably deceitful, transparent Federal Government propaganda campaign continued openly until the day before the Chief's first meeting with Mr. Siddon on February 14th, and has continued in a sub rosa way ever since. On November 4th Mr. Siddon wrote a letter to the Editor of the Edmonton Journal in which he falsely stated, among other things, that "the Lubicon claim would represent the largest such settlement in the province", that "Band leadership has unfortunately rejected the offer" and that "both levels of Government have indicated publicly their willingness to negotiate but the Band has consistently refused to resume negotiations". On November 21st a Native politician closely linked to the ruling Conservative Government publicly characterized the Federal Government's so-called "take-it-or-leave-it" offer as "fair and just" and warned that the Lubicons are "going to be left out in the dark unless they accept it". Also on November 21st Canadian Missions around the world were faxed a "standard response" letter for dealing with inquiries about the Lubicon situation. It falsely stated, among other things, that the Lubicons claim "an area nearly the size of the Netherlands and Belgium combined", that "the United Nations Human Rights Committee decision...said that the (take-it-or-leave-it) offer was an appropriate remedy" and that the Lubicons no longer retain aboriginal land rights over traditional Lubicon territory because "other Indian Bands in the area, with claims (supposedly) as valid as that of the Lubicon Band, have signed settlements with terms similar, though less generous, than those offered to the Lubicon". On November 26th Provincial Native Affairs Minister Dick Fowler falsely charged that "the Chief has refused repeated requests to meet" and "is preventing his people from settling" supposedly based on bad advice from Lubicon advisor Fred Lennarson who "is living well while the Lubicon people live in poverty". On November 28th Federal Negotiator Brian Malone issued a press statement falsely denying that the Federal Government is refusing to negotiate a fair settlement of Lubicon land rights, falsely claiming that the United Nations Human Rights Committee supported the Federal Government's so- called "take-it-or-leave-it" offer and falsely charging that Lubicon lawyer James O'Reilly had been instructed by Chief Ominayak to break off negotiations with the Federal Government. (In fact there'd been no negotiations with the Federal Government since Federal representatives deliberately broke-down negotiations in January of 1989 with a "take-it- or-leave-it-offer" known in advance to be unacceptable, although there had been some talks about the possibility of either re-starting negotiations or referring matters in dispute to some kind of an independent arbitrator or mediator. What Mr. Malone is undoubtedly talking about in his own creative way are instructions which the Chief gave Mr. O'Reilly following the onset of clear-cutting operations in the unceded Lubicon territory by Daishowa-related companies in the fall of 1990. At that time Chief Ominayak instructed Mr. O'Reilly to advise Provincial Negotiator John McCarthy that there'd be no further talks until logging of unceded Lubicon lands was stopped.) On December 2nd Mr. Siddon wrote another letter to the Editor of the Edmonton Journal, this time falsely denying that the Federal Government had simply again thrown its unacceptable take-it-or-leave-it offer on the table, falsely claiming that "the United Nations Human Rights Committee agrees that (the Federal Government's "take-it-or-leave-it") offer is fair", falsely claiming that the so-called "take-it-or-leave-it" offer "would make the Lubicon reserve the sixth largest in Alberta even though the band is (supposedly) 29th in population size)", and falsely claiming that the Federal Government had "offered (the Lubicons) resource rights on potentially some of the richest oil and timber land in the Province". Also on December 2nd Chief Ominayak received a faxed letter from Mr. Siddon falsely claiming, among other things, that Lubicon "demands far exceed any land claim settled with other bands" and are "perhaps eight to ten times as rich as the recent major Ouje-Bougoumou Cree settlement". However, Mr. Siddon continued incongruously, "there appears to be little difference between the Band and Canada on the substantive elements contained in your (Lubicon draft settlement agreement) proposal and those which Canada would consider as possible within the context of an overall settlement". "The main differences between us", Mr. Siddon said, "relate to money". Therefore, Mr. Siddon concluded, "I believe there is sufficient common ground for renewed substantive discussions between Canada, Alberta, and (Lubicon) representatives". "To that end", Mr. Siddon said, "I have contacted the Honourable Dick Fowler, the Alberta Minister Responsible for Native Affairs, who has agreed to a suggestion that the three of us meet to explore the best forum of renewed talks". He said "Mr. Fowler has indicated he will be available for a meeting in early February". He asked the Chief to "please advise me if that timing is convenient for you". Within minutes of receiving Mr. Siddon's December 2nd letter the Chief started receiving inquiries about it from the media to whom it had obviously been faxed simultaneously, along with a two page document entitled "STATUS OF LUBICON LAKE CLAIM" and an official Government press statement headlined "Federal and Provincial Ministers to Meet With Lubicon Band After Christmas". The two page document attached to Mr. Siddon's December 2nd letter falsely claimed, among other things, that the Lubicons had been receiving the same programs, benefits and services as other aboriginal societies in Canada since 1939, and that "the Human Rights Committee found that the offer which Canada has already made to the band is fair and reasonable and would meet any obligation Canada has under the International Covenant on Civil and Political Rights". (It's interesting to note how Mr. Siddon's false characterization of the UN decision grows with each telling, like the proverbial fish story.) On December 6th Mr. Siddon announced the creation of a second new Band on the eastern boundary of the traditional Lubicon territory -- the Loon River Band --also supposedly including ex-Lubicons. (Whether there'll ever be a Loon River settlement seems contingent upon whether it's considered tactically necessary to finish off the Lubicons. At last report Federal Lubicon Negotiator Brian Malone was telling people he'd been advised by Sleazy Bob (Coulter) that "a decision on Loon depends on what kind of a `northern strategy' the Feds decide upon".) On December 9th the Provincial Courts denied a Lubicon application to put over the preliminary hearing on the 13 Lubicons charged with the raid on Buchanan's logging camp until the new year, in spite of the fact that lead Lubicon lawyer Bob Sachs had a schedule conflict, in spite of the fact that it had not yet been possible to arrange separate lawyers for each of the 13 Lubicons charged and 6 other Lubicons who've been called to give evidence (something necessitated by the Government's insistence on proceeding with the legally questionable approach of calling accused against accused and potentially accused), and in spite of the fact that the Lubicons still had pending before the higher Provincial Court of Appeal a related Constitutional challenge regarding the defendant's right of silence and right against self-incrimination. (Sources have since confirmed that Provincial legal tactics are indeed designed to harass and tie-up Lubicon resources to the extent possible rather than to actually proceed with prosecution of the defendants, which would likely only result in having the charges thrown out over such gross improprieties as denying people access to legal counsel and dragging individual defendants out of their homes in the middle of the night and interrogating them in a garbage dump. The hearing of the actual charges is not now expected before the end of the year or early 1993, although time consuming and expensive court room appearances on a variety of procedural and other related matters are of course continuing. Tying up Lubicon resources in court of course means that such resources aren't then available to pursue things like the Daishowa boycott.) On January 16th Mr. Siddon's office falsely told reporters that "discussions (regarding the proposed February meeting) are happening in an on-going way between (the Feds), Mr. Fowler's office and the Band". As with almost everything else said by representatives of the Federal Government, this claim was simply not true. The Lubicons had in fact heard nothing about the proposed meeting since receiving Mr. Siddon's December 2nd letter. By the week of January 20th Sleazy Bob Coulter's review of the Goddard Lubicon book had been prepared for the January 27th edition of the Alberta Report and was circulating in the Regional Indian Affairs office. (Alberta Regional Director General of Indian Affairs Gary Wouters has since gone out of his way in talks with Bob Sachs to feign ignorance of the so-called review which had been circulating among his staff a week before it hit the stands, calling it "right wing propaganda" and claiming that he understood it "emanated out of Calgary".) On January 27th Chief Ominayak received a phone call from Mr. Siddon's office indicating that Mr. Siddon would be travelling to British Columbia on February 14th and could stop in Edmonton for a meeting with the Chief and Mr. Fowler if the Chief was available. A meeting was agreed for noon at the Provincial Legislature on February 14th. (In a play on words inspired by so-called "drive-by" shootings in California, the November 14th meeting was jokingly referred to by the media as the "drive-by meeting".) During the week of January 27th Regional Indian Affairs Director General Gary Wouters asked for "a private and confidential meeting (with Lubicon representatives) to try and work out something prior to Ominayak's meeting with Siddon on the 14th". A meeting was agreed for February 6th. On February 6th Mr. Wouters told Lubicon lawyer Bob Sachs that "Siddon doesn't want to respond to the Lubicon draft settlement agreement". "Instead", Mr. Wouters said, "Siddon will be be asking (Chief Ominayak) to consider as the basis for negotiations a letter from Siddon setting out (supposedly) new Federal Government proposals and an arbitration/litigation model". The supposedly "new" Federal Government proposals consisted of five so- called "broad principles" with details to be worked out later by negotiators. Those five so-called "broad principles" are as follows: 1.) "the 95 square mile area will be all reserve (ala Grimshaw with sub-surface rights on only 79 square miles)"; 2.) "membership will be decided by the Band (notably leaving open the key question of Indian status under the Indian Act supposedly resolved during negotiations in December of 1988)"; 3.) "community construction will be pretty much as described in the Federal (take-it-or-leave-it) offer with the possibility of negotiating the construction of other items out of regular program funds independent of the settlement agreement (not apparently different than the so-called "take-it-or-leave-it" offer)"; 4.) "$25,000 times the number of people on the Lubicon membership list for socio-economic development ($25,000 per capita times approximately 500 people would equal $12.5 million towards a projected socio-economic development budget of $21 million -- seemingly better than the so-called "take-it-or-leave-it" offer but still short of detailed Lubicon socio-economic proposals)"; 5.) "binding arbitration on the question of compensation for Federal Government breach of fiduciary responsibility under Treaty 8 but the Lubicons will still have to go to court if they want to pursue compensation for aboriginal land rights (with aboriginal land rights providing the basis for the Lubicon compensation position, just a tricky way of reiterating that the Lubicons would have to go to the Canadian Courts if they think they have any compensation coming)". Mr. Sachs rightly pointed out to Mr. Wouters that the Federal Government's supposedly new offer really wasn't much different than the Federal Government's old "take-it-or-leave-it" offer. Undaunted by this inescapable truth Mr. Wouters resolutely told Mr. Sachs "the Federal position is that they're opening up everything again". (What representatives of the Federal Government are clearly seeking to do here is transform their public characterization of the Federal Government's position from "take-it-or-leave-it", which hasn't served their propaganda purposes very well, into a "willing to discuss anything" propaganda position -- even though they have no apparent intention of changing their basic position on the issues. If the Lubicons agree to talk under such clearly non-productive circumstances, Federal officials can deflect criticism of their actions by claiming that the matter is being negotiated and refusing further comment. If the Lubicons understandably refuse to go along with this transparent Federal Government manoeuvre, Federal officials will be able to add credibility to their currently incredible claim that "both levels of Government have indicated publicly their willingness to negotiate but the Band has consistently refused to resume negotiations". The objective of Federal officials in all of this is undoubtedly to buy time in the hope and belief that the Lubicon society will soon collapse and be unable to effectively press for recognition of Lubicon land rights. In this regard Daishowa double- speaksman Jim Morrison openly tells people that Federal officials have advised Daishowa to simply "be patient" -- that "the Lubicon problem will soon blow over".) On February 13th, the day before he was to meet with Chief Ominayak and Alberta Provincial Native Affairs Minister Fowler, Mr. Siddon wrote a letter to the Chairperson of an interdenominational church organization called the Aboriginal Rights Coalition (Project North). He indicated that he'd met with the Chief on November 1st "to explore how the stalemate which now surrounds negotiations could be overcome". He described the meeting as "productive" and said "a further meeting with the Alberta Minister Responsible for Native Affairs is planned". In his February 13th letter to the Aboriginal Rights Coalition Mr. Siddon claimed that "The major outstanding issues which now remain all relate to money". "In November 1991", he said, "Chief Ominayak gave me a proposal to resolve these issues". Then echoing the false charges planted by Sleazy Bob (Coulter) in the November 27th Alberta Report review of the Goddard Lubicon book, Mr. Siddon claimed that "The total cost of the (Lubicon) proposal is in excess of $200 million from Canada and Alberta for perhaps the 300 band members who are Treaty 8 Indians". Having thus again purposefully defined the situation to suit the Federal Government's propaganda purposes, Mr. Siddon wrote the Aboriginal Rights Coalition that "This (Lubicon) monetary demand is excessive and far beyond the real merits of the band's claim". He wrote "I know your desire to have this land claim resolved in a fair and just manner is both genuine and heartfelt". "Consequently", he said, "I would ask you to encourage Chief Ominayak to approach the forthcoming meeting in a spirit of ensuring the real merits of his claim are met through a settlement within reasonable bounds". He concluded "I am convinced the claim can and must be resolved on that basis". During his February 14th meeting with Messrs. Siddon and Fowler, Chief Ominayak asked Mr. Siddon for the promised reaction to the Lubicon draft settlement agreement. Mr. Siddon again declined to discuss "details" saying "I'm not a negotiator". Chief Ominayak asked Mr. Siddon why they were meeting if not to talk about comprehensive Lubicon draft settlement proposals. Repeating that he isn't a negotiator Mr. Siddon proposed instead to "direct (Alberta Regional Indian Affairs Director General) Wouters that I want this thing (reserve construction) settled". Proceeding to discussion of the so-called "arbitration/litigation model" which Mr. Wouters had proposed to Bob Sachs, the Chief told Mr. Siddon that the Lubicons are neither prepared to have the Canadian Courts determine compensation for illegal expropriation of unceded Lubicon lands nor to forgo their aboriginal land rights in order to have compensation arbitrated. Mr. Siddon said that he "just (didn't) know how to respond". He said "I'm not a lawyer". He said "I'll have to consult with Justice Department lawyers". Mr. Siddon asked if it wasn't possible for reserve construction to proceed while the question of compensation was being resolved. The Chief told Mr. Siddon that the Lubicon people are not prepared to sign releases without a full and final settlement of Lubicon land rights. Mr. Siddon said that he understood that the Lubicon people are not prepared to sign releases without a full and final settlement. The Chief asked if Mr. Siddon was then agreeing to Lubicon reserve construction proposals. Mr. Siddon said "I don't want to get into that". He said "Let's see how far Wouters can go". "If there are still gaps", he said, "perhaps those items can also be arbitrated". The three men agreed to get back together in Mr. Fowler's Edmonton office at noon the following Friday, February 21st. Bob Sachs met with Mr. Wouters on February 18th supposedly to discuss comprehensive Lubicon reserve construction proposals as detailed in the draft Lubicon settlement agreement. At that meeting, however, Mr. Wouters told Bob Sachs that he had no mandate to discuss details. Mr. Wouters told Bob Sachs "We're supposed to talk about broad principles". He said "The negotiating teams will have to get back together on the details". Mr. Wouters told Bob Sachs that he couldn't "negotiate specifics" any more than Mr. Siddon could. He said "Everybody's stuck in their role". He said "The Minister can't negotiate as Minister and I can't negotiate as Regional Director General". (All of this is of course baloney. Mr. Siddon had 2 1/2 months to consult with necessary technical or legal people and could have easily come to the February 14th meeting with concrete reactions and/or counter proposals to detailed Lubicon settlement proposals. Similarly one of the primary jobs of the Alberta Regional Office of Indian Affairs, which Mr. Wouters heads, is to negotiate and fund capital construction projects exactly like those described in Lubicon proposals.) Instead, Mr. Wouters said, he wanted to discuss "how the media is going to be handled". He said "Siddon and I are talking but that's as far as it goes." (The effort here is purely and simply to try and keep the Lubicons from publicly contradicting the illusion of supposed "progress" with facts about what's really happening. Sources indicate that Mr. Wouters has in fact been having confidential media briefings on the Lubicon situation seeking to reinforce the false impressions being deliberately created by Mr. Siddon's letters to editors, Mr. Siddon's November 29th letter to the Chief (simultaneously faxed to the media and currently being widely circulated without attaching the Chief's pointed letter of response), the draft response letter to Canadian Missions, etc.) Next Mr. Wouters recommended to Bob Sachs that Chief Ominayak "get Siddon to commit that the 95 (square miles) will be all reserve". (There is of course nothing wrong in principle with having Mr. Siddon reconfirm that "the 95 square miles will be all reserve". The problem is that there'll never be a settlement agreement if discussions don't move beyond simply repeating such broad, easily agreed propositions over and over again.) Mr. Wouters also recommended that Chief Ominayak "get a specific commitment from Siddon that the Federal Government is prepared to commence immediately with community construction without releases". (Again there is nothing inherently wrong with having Mr. Siddon repeat that community construction can proceed without full and final releases. The problem is that there is no agreement on what is to be built, or for whom, and won't be until the discussions move beyond merely reiterating these kind of easy, general propositions and start dealing concretely with the kind of specific items contained in the comprehensive Lubicon draft settlement agreement.) Bob Sachs pushed Mr. Wouters to either accept detailed Lubicon proposals or to make counter proposals. Mr. Wouters repeated that he had no mandate to discuss specifics. Bob Sachs told Mr. Wouters "go back and get a mandate to discuss specifics". On February 20th Bob Sachs and Mr. Wouters met again. Mr. Wouters told Bob Sachs that "the Feds want to put together some kind of a memo of understanding, agreement-in-principle or partial settlement agreement which would talk about five general areas"; namely: 1.) creation of a reserve consisting of 79 square miles with sub- surface rights and 16 square miles with surface rights only (basically agreed at Grimshaw in October of 1988); 2.) community construction with the specifics to be worked out later in negotiations (essentially back to square one in terms of any substantive progress); 3.) economic development money based on $25,000 per person RECOGNIZED BY THE FEDERAL GOVERNMENT TO BE ENTITLED TO INDIAN STATUS, $5 million from the Province for socio-economic development and another $3 million from the Province for vocational training. (On the Federal side essentially just a re-packaging of the so-called "take-it-or-leave-it" offer in terms of dollars and actually regression on the membership question. The Federal Government had in fact earlier agreed at least in principle that the Lubicons could determine their own membership for all purposes. With Mr. Siddon now publicly estimating that there are perhaps only 300 Lubicons "entitled to Indian status", the total from the Feds under this approach would be approximately $7 1/2 million. The original Federal proposal in this area was the interest on a $5 million dollar fund plus the "right" to apply to normal Government programs for "up to a maximum of $4 million", which they later revised to the interest on a $10 million dollar fund. Consequently there's little substantive difference on the Federal side, certainly in relation to specific, detailed Lubicon economic development proposals totalling $21 million. On the Provincial Government side the situation is similar. In December of 1989 Alberta Premier Don Getty proposed a Provincial socio-economic contribution of $10 million in 1988 dollars, plus another $3 million in 1988 dollars for vocational training, which Provincial negotiators later changed to an un-indexed $5 million over a ten year period for socio-economic development plus "up to three million through the delivery of a training and employment program" -- a training and employment program which Provincial negotiators later defined as an off-reserve Provincial Government academic up-grading trailer operated by Provincial Government employees.) 4.) negotiation of a funding agreement separate from the settlement agreement to cover things which supposedly couldn't be handled in the context of the settlement agreement (essentially an agreement to negotiate an agreement). 5.) compensation (as per Mr. Wouters' so-called offer to arbitrate compensation but only if the Lubicons first cede that they no longer retain the aboriginal land rights upon which the Lubicon compensation position is based). Mr. Siddon commenced the February 21st meeting by stating that he was prepared to confirm that the full 95 square mile area agreed at Grimshaw in October of 1988 would be recognized as reserve lands. Chief Ominayak responded that he considered the question of reserve land quantum settled long ago. Mr Siddon asked the Chief "Can we come out of here today with some kind of memorandum of understanding, some kind of agreement on how we're going to proceed"? He asked "Are we going to work on some kind of partial settlement, go to court or whatever?" Chief Ominayak told Mr. Siddon that there'd be no agreement of any kind until there was agreement on at least some of the substantive issues. He said "We can't go on meeting like this forever and not get anywhere". He asked "Why can't we get people together to look at the comprehensive Lubicon draft settlement agreement in order to at least determine specific areas of agreement and disagreement?" Mr. Siddon agreeably chimed in that he'd "like to have as much information as possible so that (he) can go to Cabinet if any special monies are necessary". Mr. Sachs and Mr. Wouters were then asked to join the meeting and Mr. Siddon directed Mr. Wouters in front of Mr. Sachs and the Chief "to get the work done (on preparing specific reactions to the Lubicon draft settlement agreement)". He gave Mr. Wouters "two weeks to get the work done, plus maybe a third week if necessary". On February 22nd sources indicated that Mr. Wouters' next manoeuvre would be to insist upon first dealing with a supposedly reduced Lubicon membership resulting from creation of the new Woodland and Loon River Bands. On February 27th Mr. Wouters told Bob Sachs that the question of a supposedly reduced Lubicon membership would have to be dealt with before discussing comprehensive Lubicon settlement proposals. Lubicon representatives told Mr. Wouters that Lubicon membership numbers had remained basically constant in spite of concerted Federal Government efforts to tear Lubicon society apart through such things as creation of the so-called new Woodland Cree and Loon River Bands. Consequently, Lubicon representatives said, the population base used for Lubicon settlement proposals remained valid and discussion of Lubicon settlement proposals should proceed as agreed with Mr. Siddon. Mr. Wouters suggested instead that "reserve set-up costs be discussed in scenarios of 300 people, 400 people, 500 people and 600 people using the operating assumption that 90% will be living on-reserve". (With Sleazy Bob (Coulter) telling the Alberta Report that the Feds calculate "the band has shrunk to a total variously pegged somewhere between 250 and 300", and with Mr. Siddon further telegraphing Federal Government intentions by writing to the Aboriginal Rights Coalition that there are "perhaps (only) 300 band members WHO ARE (GOVERNMENT RECOGNIZED) TREATY 8 INDIANS", it didn't take a weatherman to tell what direction the wind was blowing.) Mr. Wouters then lectured Lubicon representatives on the difference between Lubicon recognized membership and Government recognized status under the Indian Act, making clear that the $25,000 per person now being "offered" by the Federal Government for socio-economic development didn't apply to so-called "non-Indians". In order to determine who qualified for status under the Indian Act, Mr. Wouters offered to "send a team (of Indian Affairs bureaucrats) to (the traditional Lubicon community of) Little Buffalo Lake to start registration (of individuals as "Indians under the Indian Act") as soon as possible". (The term "non-Indians" in this context has nothing to do with aboriginal blood but rather with whether the Government is prepared to recognize a person as "qualified for Indian status under the Indian Act". In the past the provisions of this Federal Government "Indian Act" has produced such anomalies as declaring a woman with no aboriginal blood to be an "Indian under the Indian Act" because she married a man recognized to be an "Indian under the Indian Act", and declaring a full-blooded aboriginal woman to be a "non-Indian" because she married a man not recognized to be an "Indian under the Indian Act". The Lubicons historically refused to allow the Federal Government to tear Lubicon society asunder using such deliberately destructive, artificial, unilaterally determined Federal Government criteria and insisted instead upon determining for themselves who their members are for all purposes, as had the aboriginal societies who'd in the past negotiated a settlement of aboriginal land rights with the Canadian Government. This "membership" question was supposedly settled in December of 1988 when Federal Justice Department lawyer Ivan Whitehall agreed that all of the Lubicons were entitled to sign a Treaty (or adhesion to Treaty) with the Canadian Government, and that everybody who signed such a Treaty (or adhesion to Treaty) thereby became a Treaty Indian entitled to "Indian Status under the Indian Act".) Moving on to an earlier proposal to have an independent "cost estimator" assess the reasonableness of Lubicon cost estimates -- originally intended to settle disputes over how much it would cost to do various things -- Mr. Wouters said "the Feds would want Van Iterson present". "If Van Iterson agrees with a 3rd party cost estimator", Mr. Wouters said, "it might sway Swain". (Van Iterson is the Assistant Deputy Minister of Indian Services in Ottawa with whom the Lubicon negotiation team negotiated capital construction items during negotiations in December of 1988. Swain is Deputy Minister of Indian Affairs, Mr. Van Iterson's boss and Mr. Siddon's top staff man. Such an approach of course deliberately defeats the whole idea of an independent "cost estimator" to resolve cost disputes.) In the end, Mr. Wouters told Lubicon representatives, "the Feds are (now) looking at a scheme of things where after the current round of (so- called) negotiations is finished, Siddon will table a proposal which (the Lubicons) can take away and respond to". He said that "the proposal from Siddon will consist of a section on community construction, a section on membership and a section on releases". On March 12th Mr. Wouters presented Bob Sachs with a document entitled "LUBICON LAKE CAPITAL WORKS". These supposedly new Federal Government reserve set-up proposals obviously represent the "section on community construction" to which Mr. Wouters referred on February 27th. If discussions to-date are any indication, the so-called "sections" on "membership" and "releases" will be equally disappointing. These supposedly new Federal Government reserve set-up proposals don't make any pretense of responding to detailed, comprehensive Lubicon settlement proposals but rather only very slightly re-cast the Federal Government's so-called "take-it-or-leave-it" offer. As in the case of the so-called "take-it-or-leave-it" offer, detailed Lubicon commercial and agricultural proposals aren't even mentioned, presumably in favour of rather relying upon the clearly inadequate and unacceptable Federal formula approach of providing $25,000 per capita for each of the Lubicons whom the Federal Government unilaterally determines to be an "Indian under the Indian Act", plus an un-indexed $5 million over ten years from the Province for socio-economic development and another $3 million from the Province to pay the salaries of Provincial Government employees operating an off-reserve academic up-grading trailer. The "Introduction" of the "LUBICON LAKE CAPITAL WORKS" document states that the "main document" figures "are essentially the same as those used as the basis for the 1988-89 (take-it-or-leave-it) Capital Works proposal to the Lubicon". While not exactly untrue, a close reading of the document makes clear that it's a little more complicated than just simply reiterating the so-called "take-it-or-leave-it" offer. Most of the items in the Federal Government's supposedly new reserve set- up proposals are basically the same as in the "take-it-or-leave-it" offer, and the document therefore suffers from essentially the same gaps and weaknesses as the "take-it-or-leave-it" offer. However some of the items like water supply have actually been rolled back to an earlier and less acceptable Federal Government proposal than the one included in the "take-it-or-leave-it" offer, and some other things like an earlier proposed Federal "contribution" to development of a natural gas utility have been deleted altogether -- supposedly because Federal officials have now determined, in spite of concrete, specific Lubicon information to the contrary, that "there are no sources of useable gas near the (proposed) community". Moreover, while the items and the numbers included in the Federal Government's new "LUBICON LAKE CAPITAL WORKS" document are basically the same as those included in the Federal Government's unacceptable so-called "take-it-or-leave-it" offer, the new numbers are in 1992 instead of 1988 dollars and consequently have significantly lower practical value simply as a result of inflation. Using maximum possible figures total community construction costs in the so-called "take-it-or-leave-it" offer are $30 million in 1988 dollars (not including a one year inflation figure of $3.8 million in the 1988 so-called offer which can't be compared to an undefined inflation figure of $3 million in the 1992 so-called offer), or about $44 million in 1992 dollars. The total maximum value of community construction costs in the new "LUBICON LAKE CAPITAL WORKS" document is about $36 million in 1992 dollars (not including an undefined inflation figure of $3 million in the 1992 so-called offer which can't be compared to a one year inflation figure of $3.8 million in the 1988 so-called offer), or under $25 million in 1988 dollars. The effective total value of the new proposals is thus approximately 8 million dollars LESS than the value of the so-called "take-it-or-leave-it" offer. Related correspondence and media coverage are attached for your information. (Continued in the next posting)