New talks end in stalemate

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A meeting between Lubicon Chief Bernard Ominayak and members of the federal government in an effort to resolve the band's 47-year-old land claim has ended in a standoff.

"They are just not serious," said Ominayak in an interview from his Ottawa hotel Jan. 21 after the two-hour meeting.

Ominayak says talks with Indian Affairs Minister Bill McKnight, federal negotiator Brian Malone and External Affairs Minister Joe Clark ended in a stalemate after McKnight made several "unacceptable conditions" including refusing to allow E. Davie Fulton to rejoin the negotiating team.

"He (McKnight) even said he would conduct a federal inquiry. But I think that was a threat because we pointed out that the Fulton inquiry took about a year and they (the government) still didn't act on the recommendations."

Ominayak says he is frustrated over the negotiations and his band is considering asserting their own jurisdiction.

"You have to remember we never gave up our land title and we'll probably have to declare our own jurisdiction before this whole thing is over."

The band would prevent any development by oil companies on land they declare their own and they will use "whatever it takes" to assert their jurisdiction.

"We have had a lot of people who have offered to help us," he added.

The meeting was arranged after the chief and Clark were unable to meet during the opening of the Spirit Sings exhibition of Native artefacts in Calgary last week.

During his address Jan. 14 Clark said the band itself is preventing a speedy settlement to the land claim by its refusal to release a genealogical study to the Alberta government.

"I don't know how else they can come to a decision that is being asked of them without that evidence," he said.

E. Davie Fulton is a former cabinet minister responsible for an independent report in 1985 which found the federal government at fault for not giving the Lubicons a reserve promised in 1940.

That report was tabled by the government and not released until last year's appointment of Calgary lawyer Brian Malone as negotiator.

But Indian Affairs regional director Dennis Wallace disputes the number of Lubicons entitled to land, saying some Lubicons may not be entitled to land because they may have been included in other settlements. He also said it is necessary for the province to see the genealogical study in order to verify numbers.

"Records from back then are very sketchy," said Wallace. "Many of the records were held in churches ? they're 80-years-old . . . there are gaps.

"The Alberta government should see the report so they can justify the transfer of land."

While provincial governments are not usually involved in land claims, Wallace says the request is not unprecedented and he gave the example of the Fort Chipewyan reserve.

Lennarson, however argues that the Fort Chipewyan claim did not revolve around a question of band numbers, but with compensation and remuneration in exchange for land.

As for Lubicon band members being previously included in other band land claims . . . that is irrelevant, said Lennarson.

Lennarson said the "counted-once" and the script rule have been brought up in other cases, but have been quashed by the federal government. The script rule would exclude from the band population any Indians whose relatives accepted script in exchange for land from the government.

While the band says their population is 447, the province has only agreed to turn over 65 square kilometres as an interim claim until the settlement can be reached.

But, Lennarson says that would not be acceptable as the province has already said any transfer of land would be full and final.

McKnight could not be contacted for comment at press time.