Decision unlikely to hasten settlement - Lennarson

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Negotiations for the Lubicon Indian Band are skeptical UN support will help them end their 50-year battle for land and compensation.

The United Nations human rights' committee called on the government of Canada last week to resolve its longstanding dispute with the Lubicon of northern Albert whose culture and religion have been threatened by the stalemate.

But band negotiator Fred Lennarson said he's not satisfied with the decision which he termed as "vague" and "unbinding."

He said while the report is a "black mark" for Canada, it could give the federal government a way to postpone negotiations indefinitely.

"It's a very unclear statement," he said.

"On one hand it says Canada was in violation (of human rights). But on the other it says their offer to the Lubicon was OK."

Using Article 27 on the International Covenant on Civil and Political Rights, the 18-member panel of diplomats and international law professors found that Canada violated the cultural rights of the Lubicon by letting the dispute drag on for more than 50 years. But it fell short of rebuking the government for not negotiating with the Lubicons fairly.

Martin Low, a justice department lawyer who represented Canada at the UN hearings, believes the decision couldn't have been handed down any other way.

He said the recent 32-page UN decision is only meant to force negotiators back to the bargaining table.

"Any (legal) decision is open to interpretation," he said.

"What they've done is neither say the government was right or say the band was right. Now, hopefully the two sides can sit down and discuss it more."

But Lennarson, who expected a formal condemnation of Canada for human rights' violations against the 477-member band, said the federal government isn't obliged to resume negotiations.

Talks between the federal government and the band broke off more than a year ago when Lubicon Chief Bernard Ominayak refused to accept an offer of $45 million for economic development.

Federal officials have refused to return to the negotiating table insisting they will not discuss the $2 million in compensation demanded by the Lubicons for retroactive treaty benefits.

Alberta Premier Don Getty, who signed an agreement with the Lubicons for a 246-square km reserve last October, has voiced his support for a speedy settlement by the federal government.

He said he hopes the UN decision will pressure Ottawa to return to the bargaining table.