May 4, 2008

Willie Grieve, Chair

Alberta Utilities Commission

Facilities Branch, Calgary Office

Fifth Avenue Place, 425 - 1^st Street SW

Calgary, Alberta T2P 3L8

Fax: 403-297-6104

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Dear Mr. Grieve:

Re: August 24, 2008 Decision on Prehearing Meeting of the AUC

Application No. 1551990

Nova Gas Transmission Ltd. (NGTL)

North Central Corridor

(North Star Section) & (Red Earth Section)

Meikle River Compressor Station Units C3 & C4

The questions on the standing of the Lubicon Lake Indian Nation in the hearing of the above application posed in the August 24, 2008 Decision on Prehearing Meeting of the Alberta Utilities Commission are not relevant to unceded Lubicon Territory. They incorrectly assume that provincial jurisdiction applies in Lubicon Territory and are designed to deal with issues arising from the potential impact of constructing the proposed pipeline on privately titled land under provincial jurisdiction.

The Alberta Utilities Commission does not have jurisdiction to determine the existence, nature and extent of unceded Lubicon land rights. Under the Canadian Constitution these are questions that can only be decided through a negotiated agreement between the Lubicon Lake Indian Nation and the Government of Canada. All the Alberta Utilities Commission can legitimately do is require that TransCanada deal with Lubicon concerns about construction of the proposed pipeline before the Alberta Utilities Commission considers the TransCanada application.

Putting aside the misleading verbal subterfuge implicit in responding to the Lubicon submission with irrelevant questions, it should be clear to Albertans, to Canadians and to people around the world that the real question before the Alberta Utilities Commission is not how close in meters a Lubicon person lives to the proposed pipeline, and whether that person has a trapping cabin that might be directly and adversely affected by construction of the proposed pipeline, but whether the Alberta Utilities Commission is prepared to be responsible, in the manner of the Ontario Government of Mike Harris at Ipperwash, for knowingly instigating a dangerous confrontation by approving TransCanada’s application to build a giant new gas pipeline across unceded Lubicon Territory without Lubicon consent.

Sincerely,

Bernard Ominayak

Chief

Lubicon Lake Indian Nation