Logging company fled after equipment torched

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Lubicon-claimed land still logged for Daishowa

A logging company which had its equipment torched last November has fled Little Buffalo fearing additional sabotage attempts, says the chief of the Lubicon Lake Indian band.

"They are clearly worried," said Bernard Ominayak. Thirteen Lubicon Lake band members were charged in connection with the Nov. 24 torching of equipment used by Buchanan Logging Company.

But Brewster Construction, a Daishowa Canada subsidiary, and other logging companies continue working on Lubicon-claimed land. The companies supply spruce and aspen chips to Daishowa's $500-million pulp mill operation in Peace River, 80 km from Little Buffalo.

In an interview at the Lubicon Lake band office, Ominayak said Daishowa "doesn't care about the Lubicons. They figure they've got the government in their pocket and they can do whatever they want."

In October, Daishowa, the Japanese-owned pulp giant whose Forest Management Agreement lies within the band's land claim, announced it would postpone logging in the disputed area until at least next year. Yet, Brewster Construction, Boucher Brothers Lumber, Buchanan and others started logging as soon as the land froze in mid-November.

Ominayak then issued a final warning to developers working on unceded Lubicon land. He said unauthorized logging equipment "will be subject to removal at any time. They have to have the proper authorization permits from the Lubicon people if they want to continue. This is the only warning they'll get."

Ominayak said the operation permits would be similar to the ones issued by the Alberta government.

"If they want to work here, they have to get permits. The real question is who's the proper authority to issue permits. The federal government had no business transferring our land to the Alberta government."

The Lubicons and the two levels of government have yet to reach an agreement as to whether Lubicon land rights are comprehensive or specific.

Comprehensive land claims are broad in scope and are negotiated with Aboriginal groups usually in the north that continue to use and occupy traditional lands and whose Aboriginal title has not been dealt with by treaty. Specific land claims, on the other hand, generally arise when the government has not fulfilled its obligations under treaties, the Indian Act or other agreements.

The Lubicons insist their claim is comprehensive since they never signed a treaty with the federal government ceding jurisdiction over traditional land. Both levels of government say the claim is specific.

If the claim is indeed comprehensive, then the federal government transferred Lubicon lands to the province without first obtaining rights to the land. In this light it would seem the Alberta government doesn't have legal jurisdiction over the resource-rich land.

But Bill Kilfoyle, manager of policy development for Indian Affairs, told Windspeaker the Lubicon case is neither specific nor comprehensive "but rather they are dealt with as a special case because of the difficult circumstances."

The three parties agreed to disagree on the matter in hopes of reaching an agreement in other areas - like membership, reserve lands, financial compensation and economic development.

Negotiations between the Lubicons and Ottawa came to a halt in Jan. 1989 after the government's "take it or leave it offer."

The government offered the 500-member band $45 million and a 246-square-kilometre reserve as a settlement to the 50-year dispute. The Lubicons want $167 million in economic compensation.

In early 1990 the band said it would not allow any sort of development activity inside the 10,000-squar-kilometre territory it claims as its traditional hunting and trapping area until it can settle its land claim with the federal government.

Yet in December the band reached an agreement with Petro-Canada allowing the company to do seismic work in Lubicon-claimed territory.

Band adviser Fred Lennarson defends the move saying the band has to decide hich issues they'll take a stand on. "Do you make a stand there or with people who say they'll mow you down no matter what you do."

In return, Petro-Canada has promised to pressure the federal government to reach a settlement.

"If Petro-Canada wants to continue working in the area, they'd better start pushing the federal government like we've been pushing," said Ominayak.