Lubicon review condemns governments

Page 3

Their independent commission investigating the negotiations between the Lubicon band and the federal and provincial governments has condemned the public sector for acting in bad faith.

The report released March 12 by the Lubicon Settlement Commission of Review, a non-partisan citizen's group, concluded that both governments have deliberately worked to undermine the band's land claim.

Chief among the commission's criticisms was the passing of retroactive legislation to undermine legal claims, appropriation of resource royalties and the conflict of interest experienced by both governments as acting interested parties, royalties recipients and land claim judges.

The commission concluded that the Lubicon had, however, acted in good faith by deliberately avoiding oil wells in the selection of their land claim, desiring public negotiations, and presenting a "well thought-out plan for settlement."

In the course of hearings held last summer, the commission concluded there was "no indication that the federal government was acting in the interest of the Lubicon Cree, despite the mandate of the Department of Indian Affairs and Northern Development."

"Instead, they took an adversarial stance. The government has the responsibility to act not as an adversary, but as a partner with the Lubicon people."

The negotiating parties are not on an equal footing, commission co-chair Jennifer Klimek said. The Lubicon do not possess the governments' unlimited legal and financial resources.

"The Lubicons, as a society, have little time left," she said.

Due to the urgency of the situation, negotiations should be led from now on by either federal minister Tom Siddon or Prime Minister Brian Mulroney, Klimek said. The provincial delegation should be led by Premier Ralph Klein or the minister responsible for Native Affairs, Mike Cardinal.

Lubicon chief Bernard Ominayak was highly critical of the governments' track record in negotiations. Although pleased with the report's conclusions, Ominayak said he was not sure if they would have any impact even in the face of an election.

"It's anyone's guess at this point. It depends on the support, on the political agenda. It will be harder to run away from the report."

The report also recommended making all future negotiations public, appointing independent mediators, holding all oil and gas royalties in trust and allowing the Lubicon to determine band membership.

An additional $100 million in compensation, split between federal and provincial governments, should be paid to the band and all agricultural and commercial developments should be honored in future negotiations.

Although the ultimate purpose of the commission was to help the negotiation process move on, there's no guarantee that either level of government will consider the report, said commission co-chair Father Jacques Johnson.

But unlike many government-commissioned reports, this document will be made public.

The commission was originally launched last May by NDP leader Ray Martin to investigate, compare and assess the positions of the Lubicon and the two levels of government. But committee members' political affiliations were not an issue in compiling factors or reaching conclusions over the negotiation process, Johnson said.

"We were set up by the NDP. That's where the affiliation ended. I have no idea of party affiliation by commission members."