Mi'kmaq serve Ottawa, Nfld. government with class-action lawsuit DENE MOORE, Canadian Press Tuesday, August 12, 2003 ST. JOHN'S, Nfld. (CP) - Three men have launched a lawsuit against Ottawa and the provincial government seeking official native status for Mi'kmaq people in Newfoundland and back payment for benefits they say they've been denied since the province joined Canada. Jake Davis, Bert Alexander and John Oliver say the federal government has discriminated against them. "The federal Crown has withheld programs, benefits, and services from the plaintiffs, which programs, benefits and services were provided by the federal Crown to Indians in all other provinces and territories in Canada," says a statement of claim filed in Newfoundland Supreme Court in Corner Brook. "The federal Crown has discriminated against the plaintiffs due to their residence in the province of Newfoundland and Labrador." The 25-page statement of claim, filed late last month, says Ottawa has failed to establish bands for most Newfoundland Mi'kmaq and failed to provide education, medical services and family allowances. Ottawa has not established reserves, trapping areas or other economic development initiatives, it says. Indian Affairs officials ignored legal advice and knew they were violating the constitutional and Charter rights of Newfoundland and Labrador Mi'kmaq, says the lawsuit, served on the federal and provincial governments. Alexander, head of the self-proclaimed Alliance Indian Band in the town of Kippens, Nfld., said he wants equality. "We've had no movement from the federal or provincial governments," Alexander said in an interview Tuesday. "It's time we had a hearing." Davis is head of the self-proclaimed Sip'kop band. Oliver lives in Fort McMurray, Alta. The Mi'kmaq, as well as the Inuit and the Innu of Labrador, were not given native status under the federal Indian Act after the province joined Canada in 1949. In recent years, the Inuit and Innu in Labrador have received that recognition from the federal Indian Affairs Department. In 1984, the department recognized a Mi'kmaq reserve in Conne River, about 300 kilometres west of St. John's. There are just over 700 people living on the reserve. But thousands of other Newfoundland natives have been left out, say Mi'kmaq leaders. The lawsuit does not include members of the Conne River band or the Federation of Newfoundland Indians, a group that has had a separate legal action before the courts since 1989. Jerry Wetzel, lawyer for the plaintiffs, said it could take some time for the case to be resolved. But he said he hopes there will one day be more reserves like Conne River, where Mi'kmaq enjoy a form of self-government. "We run our own police system, our own school system, our own social services and health system and economic-development system," said Wetzel, a member of the Conne River band. The men are seeking an order from the court that they be registered under the Indian Act and granted any benefits and funding provided other aboriginals in Canada. They're also seeking damages and the payment of funds the federal Crown should have provided over the years, along with interest. No amount is named in the suit. The lawsuit also seeks $5 million and provincial Crown land for reserves from the Newfoundland government, alleging that the province failed to request funding or programs for Mi'kmaq people. Officials from the federal and provincial governments declined comment as the lawsuit is before the court. Allegations in the statement of claim have not been proven in court. Back to the Wigwam ©2003-2008 KMA - Ktaqamkuk (Taga-ma-goog)Mi'kmaq Alliance   Hosted by Your Community, Online!