Looking for equality

While members of the Federation of Newfoundland Indians recently voted in favour of a landless-band agreement with the federal government, a class-action lawsuit filed by other Mi'kmaq groups against the government continues its way through the provincial court system.

The class-action lawsuit seeks equality for Mi'kmaq people with the Miawpukek Reserve in Conne River and other First Nations peoples in Canada.

A decision made last year by the Supreme Court of Newfoundland and Labrador denied certification of the case as being a class-action lawsuit.

This week the Appeals Division of the Supreme Court is hearing arguments regarding the future of the case.

Plaintiffs for the action are Jake Davis (chief of the Sip'Kop Mi'kmaq band of St. Albans); Bert Alexander (chief of the Ktaqamkuk Mi'kmaq Alliance of Bay St. George); and John Oliver (Ktaqamkuk Mi'kmaq Alliance member representing those of provincial Mi'kmaq ancestry residing out of province). The federal government and the provincial governments are co-defendants in the lawsuit.

The presiding judge has scheduled two days, April 7 and 8, to hear arguments from lawyers from both sides. The judge will be hearing an appeal by the plaintiffs and an application to appeal by the federal government.

Mr. Alexander told the Georgian last week the plaintiffs' intent is to move the case forward as a class-action case.

He said the main reason the provincial government was named in the lawsuit was the plaintiff's desire to acquire provincial crown land upon which a federally registered Mi'kmaq reserve could be established.

"We can begin then housing developments for those who want housing," he said. "It doesn't mean at all that people have to move out of their homes and are forced to go on the reserves."

Mr. Alexander said having a federally registered reserve would not solve every problem of the Mi'kmaq people - but if one were to be established, it would give the people on the reserve rights and access to federal programs that they currently can't obtain.

As well, he said a reserve would also be of benefit to the provincial taxpayer, as the financial costs of helping Mi'kmaq would shift from the provincial to federal government.

In addition, he said the reserve would help the entire West Coast economy, as it would mean federal funding dollars coming into the area that would aid local infrastructure and development.

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Mr. Alexander said the agreement-in-principle approved by the Federation of Newfoundland Indians and the federal government does not include reserves, which was unacceptable for the Ktaqamkuk Mi'kmaq Alliance and the other groups suing the government.

"One of the things I want to do is congratulate [FNI president] Brendan Sheppard being able to negotiate this agreement-in-principle," said Mr. Alexander.

"Philosophically, we have differences - obviously - because what we are seeking is equality with Conne River and other First Nations across Canada - and this [FNI] agreement doesn't do that."

Another problem Mr. Alexander said he had with the agreement was a waiver clause that he said would keep people from making legal claims against past, present or future governments for damages caused by Canada's past failure to provide benefits to the Mi'kmaq people.

Regardless, he said he understood why people voted in favour of the agreement, especially in light of the education and health insurance benefits offered in the deal.

"They've been a long time waiting; there's been a lot of infighting and this type of things; and you know, they're just tired and the government is just kicking our people when they're down," he said.

Mr. Alexander said he expects a decision to be made regarding the class-action lawsuit sometime over the next couple of months, which will give the plaintiffs time to evaluate their next move.

"We're in the position now where we can really let things unfold with the FNI and at the same time, we're going to pursue our court case and evaluate things as they go," he said.