Lubicon Lake land dispute- Feds may settle claim in court

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The federal government will go to court to settle the Lubicon Lake band's land claim unless the provincial government accepts a new proposal that was outlined Feb. 4.

The federal government has asked Alberta to set aside lands for the band's reserve under a new formula and if the province does not agree, court action will result.

The new formula will determine the band's membership based on people living in Little Buffalo but excluding non-Indians and Indians on the band list that belong to other bands, says federal negotiator Brian Malone.

However, Lubicon Chief Bernard Ominayak has rejected the formula and says there are no non-Indians and Indians who are members of other bands on the list. And he pointed out that Malone is still using an old band list of about 200 members, not the list the Lubicons have compiled which has about 400 band members.

Ominayak adds the province has no constitutional responsibility for determining Indian status, and the band should be allowed to determine its own members.

If Alberta refuses to adopt the formula, Ottawa will direct the province to, as an interim measure, transfer 65 square km promised in 1940 for the reserve.

Ominayak has stated his band will consider this 65 square km as an interim settlement.