Court Update – February 11, 2008

 

The class-action lawsuit filed on July 29, 2003 is continuing.

Plaintiffs for the action are Jake Davis, Chief of the Sip'Kop Mikmaw Band of St. Albans, Bert Alexander, Chief of the Ktaqamkuk Mi'kmaq Alliance of Bay St. George and John Oliver, who is also a member of the Ktaqamkuk Mi'kmaq Alliance and who is representing those of Mi'kmaq ancestry who formerly resided in the province and who now reside out of province. The federal government and the provincial government are co-defendants in the lawsuit, which is seeking equality for the Mi'kmaq people with the Miawpukek Reserve in Conne River and other First Nations peoples in Canada.

 

The case has now moved to the Appeals Division of the Supreme Court of Newfoundland and Labrador following a decision by Justice David Orsborn in the Supreme Court of Newfoundland in Corner Brook last year to deny certification of the case as a class-action. As a result, our lawyers have filed an appeal of that decision.

 

The preliminary application to appeal was heard in St. John’s, NL on January 9, 2008. At that time the federal government also filed an application to appeal some components of Judge Orsborn’s decision.

 

As a result of those submissions on January 9, the presiding judge has scheduled two days (April 7-8) to hear arguments from our lawyers as well as from the federal and provincial governments regarding our appeal and the new application to appeal by the federal government.

 

The April 7-8 arguments will be by a panel of three judges of the Appeals Division and these hearings will be held in St. John’s, NL. We will advise our members of the resulting decision once it is received and evaluated by our legal counsel.

 

 

 

Bert Alexander

Chief

Ktaqamkuk Mi’kmaq Alliance