Band not consulted

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Settlement before Xmas

"It's hard to believe," stated the chief of the Lubicon Indian band responding to a recent announcement that a settlement of the Lubicon land claim may be close at hand, without input from the band.

Brian Malone, federal Lubicon land claim negotiator, stated he hopes to be able to announce a partial or interim settlement agreement with the provincial government before Christmas.

"I don't see how a negotiator who's appointed to negotiate with a specific party and doesn't ? can announce a settlement," said Chief Bernard Omimayak. "I don't know what he's (Malone) trying to do."

Lubicon lawyer James O'Reilly says the federal negotiator is either "bluffing" or being "overly optimistic".

If an interim settlement agreement is reached between the province and the federal government, it will not be recognized by the band, he said.

"If Malone comes to an agreement with the province and they try to impose it, the band's going to say it has no affect upon us, we weren't a participant . . . it (agreement) doesn't bind us," said O'Reilly.

Malone, a Calgary lawyer, who was appointed as the federal negotiator Oct. 5, says the band has refused to negotiate in the settlement talks.

However, O'Reilly said the band would be willing to enter into negotiations if the federal government would agree to involve former justice minister E. Davie Fulton, the author of an independent report on the Lubicon situation.

"We had proposed that Mr. Fulton be re-involved as a third neutral body to the talks to try and keep them on track and honest. And to have him report to a standing committee on Aboriginal affairs," said Ominayak.

However, Ominayak stated he was told that Fulton could only be involved in chairing meetings. "What is he (Malone) scared of, why is he scared of Mr. Fulton?" asked Ominayak.

The Calgary lawyer says Fulton can be involved as a mediator but "he just can't report to anybody."

Malone says he cannot agree to the bands request because of lawsuits launched against the federal and provincial governments by the Lubicons.

"If you agree in advance that without prejudice settlement discussions are made public, (then) you lose without prejudice status in the courts. In other words, whatever you say in the settlement negotiations can be used against you in a court case," he said.

But Lubicon lawyer, James O'Reilly says, "That's nonsense."

"The federal government has put out several communiques on the negotiations and Mr. Malone has been talking frequently to the newspapers . . . if Fulton reporting to the standing committee is with prejudice then all the federal communiques and newspaper reports are with prejudice as well."

O'Reilly added that he has told Malone that any reports which Fulton "might make" would not be used in the courts.

The Lubicon lawyer says Fulton has "a lot of integrity and the band respects him."

The number of band members is the central issue in the 47-year-old land claim dispute. A Treaty signed at the turn of the century by most northern Alberta bands, but not the Lubicons stated that 128 acres of land should be set aside for every band member.

Based on this formula, the Lubicon band says it should receive 80 square miles of land based on a band membership of 457. But the province insists there are only 200 registered band members and therefore the land settlement should be smaller.