Daishowa timber project, so as to divert the Commit-
__________
2
Communication No. 24/1977, final views adopted on 30 July 1981.
tee's attention from "Canada's knowing and wilful destruction of Lubicon society". He recalls that only seven
months after the Committee's request for interim protection under rule 86, virtually all of the traditional Lubicon land
was leased for commercial purposes in connection with the Daishowa timber project. The relevant forest
management agreement to supply the new pulp mill with trees, allegedly completely covers the traditional Lubicon
hunting and trapping grounds, which cover 10,000 square kilometres, with the exception of 65 square kilometres set
aside but never formally established as a reserve. It is submitted by the author that Canada acted in violation of the
Committee's request for interim protection when it sold the timber resources of the 10,000 square kilometres,
allegedly traditionally used by the Band and never ceded by it, to a Japanese company. Moreover, Canada is alleged
to portray wrongly the Impact of the Daishowa project as minimal; the author points out that current production
plans would call for the cutting of 4 million trees annually, and that plans to double the envisaged annual production
of 340,000 metric tons of pulp in three years have recently been announced. This economic activity, if it proceeds
unabated, would, in the author's opinion, continue to destroy the traditional lifeground of the Lubicon community.
He submits that the fact that the 95 square miles, set aside under the October 1988 agreement, are relatively intact
would be irrelevant, since the game on which the Band members have traditionally depended for their livelihood has
already been driven out of the entire 10,000 square kilometres area.
27.5
Finally, the author submits that the State party's creation of the "Woodland Cree Band", through
which it is allegedly attempting to "fabricate" a competing claim to traditional Lubicon lands, places the State party
in further violations of articles 1, 26 and 27 of the Covenant. In this context, the author claims that the Woodland
Cree Band is:
a group of disparate Individuals drawn together by Canada from a dozen different communities scattered across Alberta and
British Columbia, who have no history as an organized aboriginal society and no relation as a group to the traditional territory of
the Lubicon Lake Band [and that it] is Canada's most recent effort to undermine the traditional Lubicon society and to subvert
Lubicon land rights.
The author adds that the Federal Government has supported the Woodland Cree Band both financially and
legally, recognizing it "with unprecedented dispatch", thereby bypassing more than 70 other groups, including six
different homogenous Cree communities in northern Alberta that had been awaiting recognition as bands for over 50
years. Some of the alleged members of the "Woodland Cree" band are said to come from these very communities.
The author refers to section 17 of the Indian Act, which gives the Canadian Indian Affairs Minister the power to
constitute bands and to determine that "such portion of the reserve land and funds of the existing Band as the
Minister determines" may be earmarked for the benefit of the new band. It is submitted by the author that the powers
conferred under section 17 of the Indian Act are "extraordinary and unconstitutional" and that they have been
invoked "in order to create [the] 'Woodland Cree Band' and to dispossess the Lubicon Lake Band of its traditional
territory and culture". Furthermore, whereas the State party claims that the Woodland Cree Band represents some
350 individuals, the author allege that the new Band has steadfastly refused to release the names of its members, so
that its claims might be verified. He states that the Federal Government has recognized that the Woodland Cree Band
members comprise only 110 individuals.
27.6
The author concludes that the State party has been unable to refute his allegations of violations of
articles 2; 6, paragraph 1; 7; 14, paragraph 1; 17; 18, paragraph 1; 23, paragraph 1; 26 and 27, as set out in his
submissions of 12 January 1988 and 30 May 1989, and requests the Committee to rule against the State party in
respect of these articles. In respect of an alleged violation of article 1, he points out that while he has, as the
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