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May 16, 2003
Makivik, KSB await court decision
Birthright organization
seeks to throw out KSB motion
ODILE NELSON
Makivik Corp. may wait six months before it hears if the Quebec Superior Court
will throw out the Kativik School Board's motion for an injunction to suspend
Nunavik's continuing new-government negotiations.
Lawyers for Makivik and the school board presented their cases in a Montreal
courthouse May 2 to 9.
But Lisa Koperqualuk, spokesperson for Makivik, said this Monday that because
the judge in the case knows little about Nunavik, it may be months before the
court gives its decision.
"It's hard to tell when the decision will be made," Koperqualuk said.
"The judge has six months to respond. She could respond earlier but she
could take the whole six months.
"The judge seemed like she really had to study the case because she was
not aware of the North or informed on the institutions.... It was the first
time really that she was being introduced to the North."
Last week's hearing was only the latest episode in a legal saga between Makivik
and the school board.
In November 2002, the KSB filed a motion against Makivik in Quebec Superior
Court to freeze new-government negotiations.
Makivik has been negotiating a framework agreement for a new government for
Nunavik with the federal and provincial governments since the summer of 2002.
Makivik says it is negotiating on behalf of the Nunavik Party, which is made
up of the Inuit birthright organization, the Kativik Regional Government, the
Kativik Regional Development Council, the Nunavik Board of Health and Social
Services and the school board.
The school board, however, has not been involved in the talks since it protested
the Nunavik Commission's 2001 Let Us Share Report. The school board believes
this document should not form the basis of negotiations since it was not signed
by all of its commissioners.
The school board says Makivik is acting illegally and that Makivik negotiators
never received a mandate to represent the Nunavik Party at the negotiating table.
It filed the November motion to ensure negotiations stop until "a consensus
could be reached among the five members of the Nunavik Party."
The school board has gone on the record as saying Makivik "has been acting
unilaterally and without authorization as if it alone was the Nunavik Party."
"The Kativik School Board has the right and the obligation to be a part
of a democratic self-government negotiation process. If the school board is
not involved, then the subject of education cannot be part of the negotiations,"
it said in a February press release.
If the judge decides against Makivik's motion, the school board's injunction
request will be heard December 1 to 12 in Montreal.
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