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Court gives all-clear on self-rule talks

School board's bid to halt negotiations is thrown out

JANE GEORGE

A Quebec court judge has rejected the Kativik School Board's application to stop the process of negotiating self-government.

Makivik Corporation has been negotiating a framework agreement for a new form of government for Nunavik with the federal and provincial governments since the summer of 2002. In November of that year the KSB filed a motion against Makivik to stop the proceedings.

The school board's injunction request to halt the negotiation was heard last December.

This week, the court ruled Makivik, as Nunavimmiut's birthright organization, continues to represent Nunavik Inuit even when negotiating changes to the James Bay and Northern Quebec Agreement.

The court also ruled that the KSB has no right to participate directly in the self-government negotiations because Makivik represents Nunavimmiut under the JBNQA

Judge Capriolo said "all parties are in agreement to proceed with these very important negotiations," therefore "the momentum for an agreement" should not be lost.

The judgement also rejected the school board's argument that it is the body designated to deliver education in Nunavik.

"These rights belong to the Inuit people and not to the school board," Judge Capriolo said. "The loss of the Kativik School Board does not equate with the loss of the Inuit right to education in either the JBNQA or the Canadian constitution."

According to a news release from Makivik, the KSB was also criticized for its refusal to participate in negotiations leading to the June 2003 Framework Agreement and an Advisory and Technical Committee.

With the resolution of the school board's latest round of legal proceedings, Makivik President Pita Aatami is calling on the KSB to work with other institutions in Nunavik.

"My invitation to the school commissioners to meet with the Makivik board of directors to resolve this dispute remains open," he said in a news release. "The negotiators' invitation to the school board to share its expertise with the advisory and technical committee also remains open."

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