Land Rights of the Lubicon Cree (by Michael Chong)

In the 1500s, the first European settlers landed in Canada in search of riches. What they found was vast land with an unlimited supply of resources to tap. Trade developed between the native peoples of Canada and the Europeans and somewhere along the lines trade, an ingenious idea evolved which would alter Canadian history for many years.

Explorers realized that trade was say economically inefficient and it would be much better to actually control the land, as anything found on it would be their property. The battle over land began as colonists stepped onto foreign soil. Over the next four centuries, it would ultimately transform into numerous conflicts with native groups, including wars, missionaries and the topic of this article, treaties and land ownership.

The Lubicon are a society of hunters and gatherers located at Lubicon Lake, Alberta, a province of Canada. Their historical territory was marked by 10,000 square kilometers but now has shrunken to a mere fraction of that. Much of this is due to urbanization and expansion of economic activities into northern Alberta. Since their lives depend on the environment and the animals it has to offer, destruction of the biota around them has drastic effects on their well-being. Governments' and private companies' hacking down of trees and paving roads is akin to chopping of an arm and leg from the Lubicon. Recent data shows a large decrease in both income and food availability for the Lubicon people. A consequence of this is an increase in the number of people depending on welfare and other social programs.

In 1939, the Canadian government promised the Lubicon Cree a reserve. Like most other Aboriginal nations, they were told that they could live in peace without intrusion. No legal agreements were made but it was quite unnecessary as they lived far from the industrial centres. Nevertheless, it was worrisome thinking about what the future held, and they continuously asked for some assurance to land rights. The government's response was either ignorance or denial. This tug-o-war between them continued for the next 40 years.

Most of the land exploitation has been done over the past 25 years. Since 1980, when oil was discovered in the Lubicon region, drills took hold and covered the landscape with wells. When they complained, the government argued that if drilling were to halt, it would equate into immense losses for the company and the government at the expense of a few "hunters and gatherers". Oil companies told the judge that increasing welfare rates among the Lubicon proved that the people did not rely on their traditional hunting practices. The solution was simply to compensate them for wildlife losses; a compensation that never came.

The Lubicon have tried numerous methods to regain control of their territory and stop expansion, from lobbying to boycotts, but without luck. Indeed, this may even be backfiring. In 1995, Friends of the Lubicon (FoL), a Toronto-based organization fighting for the rights of the Lubicon people, had a lawsuit filed against them by the logging company Daishowa. It follows that the company was unable to cut down trees for pulp and paper manufacturing due to boycotting by the FoL and therefore losing millions of dollars in revenue. In less than a year, case was over and although the ruling was in favour of FoL, we can see that the government has a fast acting judicial system that protect the rights of businesses. If only the negotiations between the Lubicon and the government about land rights could be faster. On the contrary, the process is long and tedious, and as Ron Kaplansky of the Lubicon Legal Defense Fund puts it, "some Lubicon think the government is just waiting for them to die off."

Last year, another deal was struck between the Alberta government and Deep Well Oil and Gas. Land was leased to this company to tap the rich oil reserves around Lubicon territory. Once again, this was done without the consent of the people. By law, the companies are doing no wrong when they drill outside the supposed reserve but the real effect is underground, stretching deep into the Lubicon Cree land. These oil wells obtain resources to operate from the lakes and rivers in that area. Lake water levels drop and ultimately kill the wildlife people depend on. Numerous attempts to contain representatives within the government and the company to discuss possible compromises have only resulted in unanswered messages.

In the past, Canada had plans to assimilate the aboriginal peoples and "turn them Canadian", so to speak. Upon finding out it was easier said than done, it gave them bits of land, assuming that it was enough. It enclosed them in a large prison and ignored their petitions. This ignorance has resulted in declines in population and some would say it is cultural genocide; an elimination of entire cultures from a 'multicultural' society. A question about land ownership has now turned into a fight for survival. With only about 500 people left, the Lubicon are reaching critical numbers.

In 1993, former Prime Minister Jean Chretien deemed the Lubicon issue a matter of great concern and that he would work to settle their land claims swiftly. That was when he was leader of the opposition party. Perhaps the political definition of 'swiftly' is not what the dictionary says. Over his decade in office, Mr. Chretien seemed to forget about the Lubicon, despite constant letters and reminders from the Lubicon people. So with Prime Minister Paul Martin stepping onto the podium, the Lubicon are looking for some improvement to the situation. He has expressed his concerns in the past by writing to the Lubicon, now it is time for action.

Sources

"Daishowa vs Friends of Lubicon." Citizens for Public Justice. 1995. 28 Apr. 2005. <http://www.tao.ca/~fol/Pa/negp/po04map/po040101.htm.

"Lubicon: Time for Action." Mennonite Central Committee. 2002. 28 Apr. 2005. <>.

Mundel, A. "CONSUMER BOYCOTT ON TRIAL: Friends of the Lubicon vs. Daishowa." Arthur – Trent University Student & Community Newspaper. 16 Dec. 2001. 1 May 2005. http://www.trentu.ca/arthur/archive/32/art-05.shtml>.

"New Heavy Oil Development Threatens Lubicon Lands." Friends of the Lubicon. 25 Mar. 2005. 28 Apr. 2005. <http://www.tao.ca/~fol/Pa/osp/po050325.htm>.

Outaouais Lubicon Solidarity. Mar. 2005. 28 Apr. 2005. <>.

"Paul Martin Responds to Friends of the Lubicon." Friends of the Lubicon. 1 Jan. 2004. 28 Apr. 2005. <http://www.tao.ca/~fol/Pa/negp/po04map/po040101.htm>.

"Time is wasting: Respect for the land rights of the Lubicon Cree long overdue." Amnesty International Canada. Apr. 2003. 28 Apr. 2005. <http://www.amnesty.ca/canada/AMR200103.php.

Weber, B. "Lubicon ad slams Liberals." CNEWS. 14 Jun. 2004. 28 Apr. 2005. <http://cnews.canoe.ca/CNEWS/Politics/CanadaVotes/2004/06/14/499409-cp.html>.

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