Help for Lubicon

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Assembly of First Nations Grand Chief Phil Fontaine is hopeful that a Supreme Court decision based on a B.C. land claim case will help the Lubicon Lake Cree in their 60 year land claim battle with the government.

Fontaine told Alberta Sweetgrass the recent Delgamuukw case has opened the door for groups like the Lubicon Cree who are fighting for the rightful ownership of land.

The Delgamuukw case, which has taken 13 years to reach this level, was initiated by Earl Mundoe (who's traditional Gitxsan name is Delgamuukw) and the hereditary chiefs of 37 other Gitxsan Houses and 12 Wet'suwet'en Houses in B.C., last December.

In handing down his decision on the case, Canada Supreme Court Chief Justice Antonio Lamer indicated that the concept of Aboriginal title is recognized as a form of land ownership. Chief Justice Lamer noted that if First Nations people can prove they occupied the land at the time the Crown asserted sovereignty, then the Crown must recognize First nations' Aboriginal title to the land.

The decision, which Fontaine has called "one of the most important decisions in Canadian legal history," also appeared to recognize oral testimony of First Nations people as admissible in Canadian courtrooms.

"That sets very clear guidelines in that governments, provincial and federal, are going to be guided by the interpretive section of the decision," he said.

But for now, he said, the negotiations will have to continue.

"It's all subject to negotiations, of course and that will depend on how quickly all parties at the table will come to an understanding," he said.

Negotiators or a spokesperson for the Lubicon Cree, located near Peace River, could not be reached for comment.

The Lubicon Lake Nation and its 400 residents have been in a land dispute with the federal and provincial governments since it was promised a reserve in 1939. No treaty exists for the area and the Lubicon maintain they have never given up their right to a land mass of approximately 10,000 sq. km.