Province pressed feds, tribunal proposed: Lubicons hopeful about new changes

Page 3

Lubicon band Chief Bernard Ominayak is encouraged by the provincial government's change in attitude to support the band in its struggle to press the federal government to settle the 48-year-old land claim.

"The attitude of the Alberta government in the past has been (one) of strong opposition. Now the premier wants to try and encourage the federal government to settle with us," said Ominayak after meeting with Premier Don Getty March 30.

Their discussion centered on the proposal to set up a special tribunal which would resolve any problems the federal government and the Lubicons may run into during negotiations.

This tribunal would consist of E. Davie Fulton who is sympathetic to the Lubicon claim, a federal representative and a third member selected by the two.

Although the premier made some suggestions to change the power of the tribunal, Ominayak says he is still willing to consider the (tribunal) process.

The premier is willing to allow the decisions of the tribunal to be binding as long as the band is prepared to drop its Aboriginal court action to gain their traditional hunting and trapping grounds.

"We can still proceed with the tribunal but it would only be an advisory body, says Ominayak adding he is not considering dropping the court action.

"We feel direct negotiations are preferablewe're not really in favour of a tribunal," says a spokesperson for the Department of Indian Affairs in a telephone interview from Ottawa. Chief of staff, Greg Fyffe, says the department has not received details on the power and the scope of the tribunal.

"If the Lubicons are pursuing a claim based on Aboriginal rights such as the one they've been pursuing in the courts then it's really not a matter that involves the federal government. If they wish to have a tribunal to settle it (land claim) between the Lubicon and Alberta we would obviously have not objections."

But Ominayak points out," under the constitution the federal government has the trust responsibility to deal with us."

In the past, Premier Getty has said he would go over McKnight's head and discuss the matter with Prime Minister Brian Mulroney. Although this has not happened, the premier has indicated it is still an option.

"I would be very surprised if the prime minister felt he (himself) was the most appropriate person to get into any details in this claim. He has appointed Mr. McKnight. He wants him to handle this matter," says Fyffe.

Ominayak says having the premier on-side gives the Lubicons "a clear advantage."

"We'll see now who's not prepared to deal with (us)."