Courtoreille taking feds to court

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An architect of the multi-million dollar land claim settlement in Fort Chipewyan, last December, plans to go to the supreme court of Canada to hammer out his own deal.

Lawrence Courtoreille, former Chief of the 1,190 member Ft. Chipewyan Cree Band plans to launch a case against Ottawa, in an attempt to force the federal government, to settle his land claim.

Courtoreille, now one of three vice presidents of the Indian Association of Alberta (IAA), says he's fed up with the Indian Northern Affairs refusal to recognize his rights, under the 88 year old treaty 8, "so it looks like we are going to court," Courtoeille said from his Edmonton office on March 31.

"I think once we file you'll see a change in attitude from (the federal government)."

In a telephone interview from his Ottawa office the senior Native plans negotiator for Indian Affairs, reaffirmed the government's position that Courtoreille, is legally bound by the Ft. Chipewyan deal.

Robert Weir said the justice department feels the Courtoreille claim has no legal basis.

The dispute revolves around an April 1986 referendum by Cree band members which saw 95% of all ballots end up in favour of a proposed settlement.

The agreement gave the band, located on the western tip of Lake Athabasca, 225 km north of Fort McMurray, more than 1200 acres of reserve land and 26.6 million in provincial and federal funds.

Weir said an amendment to the deal automatically binds Courtoreille and his party to the results ? since the application for land in severalty was not filed until seven months after the band accepted the deal.

"The negotiations were on the basis that everyone is part of the negotiations," said Weir.

The only federally recognized exception, he says, is the separate land claim filed in 1981, by another Cree band member, Gordon Denoid.

Denoid's application for 480 acres of land on behalf of himself and two family members, stalled with Alberta's refusal to grant him the land he wants in an unspecified area, north of McMurray.

For Courtoreille to succeed, he said he would have to fight a previously undisclosed indemnity clause that would limit his choice of land from the nine parcels given to the Fort Chipewyan Cree band in the December 1986 deal.

Courtoreille has said he wants land apart from the reserve and cash compensation.

"The question is, was the agreement in place at the referendumthey're saying it was," said Courtoreille, "Yet later they say the revision (indemnity clause) wasn't in place until December. That puts (Indian Affairs Minister Mr. Bill McKnight's) whole position in jeopardy.

Courtorielle and Ottawa have been at loggerheads since the former chief publically declared in January that he wasn't happy with the Fort Chipewyan Cree band settlement.

He notified Ottawa that he and 17 family members were opting out of the package, claiming changes made to the document since he stepped down as chief, ignored central points in earlier negotiations, the special clause in treaty 8, band members can apply for land apart from an established reserve.

The 1899 document stipulates that in such cases the federal government must lay aside 160 acres or 65 hectare's of land, for those who wish to live apart from the reserve.

"I haven't heard a thing from them," said Courtorielle.

The former chief says he has instructed two prominent land claims lawyers, James O'Reilly and Kenneth Sparoszik, to petition the Supreme Court of Canada for leave to hear the case.

"We're going to start action immediately said Courtorielle. "They're trying to scare us out of this."

But Weir said he doubted that the supreme court would agree to hear the case until lower courts have handed down a decision.

"All parties would have to agree that the (Courtorielle claim) is a key to case to get leave to appeal directly to the supreme court," he said.

"But I don't think the supreme court would entertain it, unless it goes through the normal process."

Courtorielle says he now pects the issue to drag through the courts for at least two years.

"This is not between me and the band," he said. "The federal government has a responsibility to uphold."