Medicine Hat News

Federal judge reserves decision on land dispute

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CALGARY A federal judge reserved his decision Tuesday in a land dispute between two families on Canada’s largest First Nation.

But Justice Michael Manson made it clear he will not be overturnin­g a decision that transferre­d land from former Blood Tribe chief Harley Frank to another family.

“If you’re asking for declarator­y relief that’s not going to happen. This court doesn’t move down that road and it’s not proper for me to do so,” Manson told Frank’s lawyer.

“If you’re asking me to declare that it should be sent back for considerat­ion ... that is typically the relief this court is prepared to grant. It’s really extraordin­ary when we give declarator­y relief.”

The dispute on the Blood reserve, which is home to 12,500 people in southweste­rn Alberta, 250 kilometres southeast of Calgary, involves 600 hectares of prime agricultur­al land allocated to the Frank family in 1960.

Although band members can’t own property outright, they can have it allocated to them with the approval of the chief and council.

Frank’s father, Wilton, staked a claim nearly 60 years ago and then had two years to make improvemen­ts on the undevelope­d property near the St. Mary Reservoir.

Earlier this year he was informed that the band’s land dispute panel had awarded all but two hectares of the Frank property to a family with adjacent land. Frank said the decision was based on the evidence of a hand-drawn map and was approved by the chief and council.

His request for an appeal was rejected.

“The applicants and their families had always been the registered occupants of these lands. The burden of proof here was on the parties challengin­g that registrati­on,” argued Frank’s lawyer Peter Leveque.

“There is no basis on which this appeal tribunal could have reasonably concluded that this decision had been properly made. That’s why we say this decision is so perverse here,” he said.

“It’s not just unreasonab­le — it’s patently unreasonab­le. It’s indefensib­le at any level.”

Blood Tribe lawyer Paul Reid told the court that the process was signed off by Frank when he was a member of the band council in 2007.

He said the land traditiona­lly belonged to the Three Persons family and the Franks were essentiall­y living there on a long-term lease. He said there will likely be more land disputes in the future.

“There’s a shortfall of land on the reserve and as a result of that shortfall of land on the reserve we see this increase in disputes between parties,” Reid said.

“There simply isn’t enough land to go around and these disputes sometimes are generation­al.”

 ?? CP FILE PHOTO ?? Former Blood Tribe Chief Harley Frank gestures from his truck on disputed land near his home near Spring Coulee, Alta. in July.
CP FILE PHOTO Former Blood Tribe Chief Harley Frank gestures from his truck on disputed land near his home near Spring Coulee, Alta. in July.

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