The United Nations and the Lubicon: new hope for an old issue?

• Author: McKay-Panos, Linda
• Position: Human rights law

One of the longest unresolved human rights issues in Alberta is the case of the Lubicon Cree, an Aboriginal First Nation of about 500 people who live in northern Alberta. The Lubicon were overlooked when Treaty 8 was negotiated with other Aboriginal peoples in the area in 1899. While a reserve was promised to the Lubicon people 40 years later, it was never established. The subject of the dispute is 10,000 square kilometres of oil-rich forested land, north of Lesser Slave Lake and east of the Peace River. As described in an Amnesty International article in April 2005, traditionally the Lubicon Cree lived almost entirely off the land. Considerable oil extraction, which started in the 1970s in the region, together with extensive logging, has had significant reported impact on the health, way of life, and culture of the Lubicon Cree. Yet, they have never consented to this development on traditional lands for which they claim to have never surrendered their rights.

Since about 1985, there have been several attempts at negotiations with the federal and provincial governments regarding Lubicon land rights, but these talks have broken down. Hopes for a solution were raised in 1990 when the United Nations Human Rights Committee (UNHRC) concluded that this situation endangered the way of life and culture of the Lubicon Cree. As early as 1984, the Committee had said that "so long as they continue," the threats to the Lubicon way of life are a violation of the Lubicon's fundamental human rights. The Canadian government assured the UNHRC that it was negotiating a settlement that would respect the rights of the Lubicon Cree. Despite this, a settlement has never been reached.

It should not be assumed that the lack of settlement demonstrates that the Lubicon Cree are unable or unwilling to negotiate agreements. John Cotter (CNews, November 2005) describes recent Lubicon negotiated agreements with two private oil and gas firms. These agreements give the band a veto over some oil and gas drilling on the claimed land. The Lubicon claim that they were able to negotiate these agreements despite the Alberta government urging the firms not to negotiate with the band.

Glenn Luff from Indian Affairs says that the federal government is not willing to pay the amount of financial compensation claimed by the Lubicon. In earlier discussions reported by Cotter, the Lubicon asked for $50 million to establish a reserve and a further $120 million in compensation for energy...