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KMA Tells Members the Time Frames for Lawsuit
Press Release
June 24, 2005
Kippens. NL
Mi’kmaq Court Case Progressing
A class action lawsuit filed in July 2003 in the Supreme Court of Newfoundland and Labrador representing members of the Ktaqamkuk (da-hum-goog) Mi’kmaq Alliance and members of the Sip’kop Mikmaw Band of St. Alban’s is progressing. Approximately 450 members of the Sip’kop Band are registered as status Indians under the Indian Act, but are considered a ‘landless band’. Members of the Ktaqamkuk Mi’kmaq Alliance have yet to be registered under the Indian Act. Approximately 8000 Newfoundland Mi’kmaq are represented by both bands.
The class action is seeking to gain equality for class members with that of Conne River Mi’kmaq and other First Nation’s peoples in Canada. At a recent case management meeting, Supreme Court Justice David Orsborn established several important filing deadlines.
- July 29, 2005 – Application for certification of class members
- November 30, 2005 – Response from federal crown
- December 9, 2005 – Case management meeting of legal counsel representing the plaintiffs and defendants to be presided over by Mr. Justice Orsborn
The filing of the class action resulted from the ongoing and current discrimination against the majority of Newfoundland Mi’kmaq by the federal government that was commenced in 1949 when Newfoundland joined Canada. Also, it appears that attempts by other aboriginal bands to reach any kind of agreement with the federal government has not been successful to this point in time.
The court action holds both the Government of Canada and the Province of Newfoundland and Labrador liable. Members of the Federation of Newfoundland Indians and members of the Conne River Reserve are specifically excluded from the case. Once the court has approved the certification of class, class members will be updated on the progress of the remaining stages of the case on a regular basis.
Bert Alexander
Chief
Ktaqamkuk Mi’kmaq Alliance
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