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January 2004

Vol. 9, No. 2 Week of January 11, 2004

Natives challenge attempts to outlaw blockades

Gary Park

Petroleum News Calgary correspondent

Alberta legislation giving police the power to remove aboriginal blockades that cut off access to public lands has stirred bitter opposition from chiefs of Treaty 8 First Nations.

The bill, introduced in mid-November in response to growing Native interference with oil and natural gas activities in northern Alberta, has been unanimously opposed by the Treaty 8 chiefs.

Chief Stephen Didzena, co-chair of a task force appointed to deal with the issue, said the legislation was introduced without any consultation, clearly signaling “the arrogance and lack of respect for First Nations.”

He said Bill 49 limits the rights of First Nations’ residents “to enter into negotiations regarding access to their traditional lands” and to “protest the trespass of companies on our traditional lands.”

Didzena said the bill “directly affects the lifestyle activities, the livelihoods and the constitutionally protected treaty and aboriginal rights of our people.”

A government news release said the legislation is needed to strengthen and clarify the province’s role as manager of public lands by allowing Alberta to “deal swiftly and effectively with instances of non-compliance on public lands.”

Chiefs hoping for amendments from premier

The chiefs are now placing their hopes for amendments on Premier Ralph Klein, who they say “appears to understand that we have some major concerns.”

The Northern Oilfield Contractors Association has claimed that First Nations have demanded payments of 10 percent to 15 percent for the industry to work on lands that the Natives claim as traditional territory and are claiming an ever-larger share of exploration.

Road blockades have also been employed in recent years to secure work for aboriginals, while some Native First Nations communities insist they have the right of first refusal on contract work.

The government has endorsed recommendations from its own facilitator, John McCarthy, to ease tensions.

Among other proposals, McCarthy said Alberta should encourage the Canadian Association of Petroleum Producers to ensure its members use fair contracting procedures to provide a level playing field for contractor seeking work.

He also called for amendments to the Public Lands Act to prevent First Nations from demanding money or other compensation for access to public land.

McCarthy said the government should communicate clearly and consistently its position regarding provincial ownership of and jurisdiction over natural resources and its opposition to “access fees” or “management fees.”






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