25 years ago, the Lubicon Cree came under attack by logging and large-scale oil and gas mining activities. This nation of 500 people in northern Alberta did not at any stage give consent for this exploitation of their land. And it is unquestionably their land, as they have never surrendered sovereignty in the entire history of European occupation.
This anomaly is due to the fact that the Cree were somehow overlooked when treaties were being created for the other first nations of the region back in 1899. Therefore, European government, business and property interests are not legally entitled to encroach on Cree land. The illegality of these activities has not stopped government and business from continuing their assault, however.
This new-wave invasion was facilitated in the 1970s, when the Alberta government “opened up” the region to oil and gas exploration, as well as what was described as “development” of what they claimed as “crown land”.
Twenty years later, the United Nations Human Rights Commission condemned this illegal activity, uncovering a litany of accompanying human rights violations that ” endangered the way of life and the culture of the Lubicon Cree.”
In its embarrassment the Canadian government hastily promised UNHRC to reach a settlement with the aborigines in order to smooth things over. Initially this was seen as a victory for the Cree, but of course no attempt was actually ever made after that to reach a settlement or negotiate with the traditional owners. The government just went right ahead and continued granting licenses for resource extraction and development projects.
The UN responded to this blatant affront again in 2006, finding Canada in continuing violation of the International Covenant on Civil and Political Rights. They roundly condemned the government, then strongly recommended,
“…that the State party (Canada) resume negotiations with the Lubicon Lake Band, with a view to finding a solution to the claims of the Band that ensures the enjoyment of their rights under the (International Covenant on Economic, Social and Cultural Rights). The Committee also strongly recommends the State party (Canada) conduct effective consultation with the Band prior to the grant of licences for economic purposes…”
However, it has become clear that “strong recommendations” and condemnation by the UN hold very little sway when it comes to the interests of big business. It seems that when it comes to Aboriginal rights, colonial governments and corporations are under no obligation to adhere to their own laws, let alone respect the laws of first nations landowners.