Denied Indigenous rights, NunatuKavut council fighting Canada in Federal Court

The NunatuKavut Community Council in Labrador is fighting Canada’s decision to deny the group Indigenous rights under Section 35 of the Constitution.

In a Federal Court application, the council says the Canadian government ignored historical and genealogical evidence when it ended Indigenous rights talks with the group last month.

Dated late last week, the application seeks to quash the government’s decision to abandon talks with the council.

The NunatuKavut Community Council says it represents about 6,000 Inuit in southern and central Labrador, though it is not recognized by other Inuit groups, including the Inuit Nunatsiavut government in northern Labrador.

Last month, Crown-Indigenous Relations and Northern Affairs Canada said information provided by the council did not meet established tests for rights under Section 35 of the Constitution.

Section 35 of the Constitution Act recognizes and affirms Indigenous and treaty rights.

In a news release Monday, the community council said it received “affirming messages and feedback” from Crown-Indigenous Relations and Northern Affairs Canada about its claim for rights. The department told the council it had met a test to proceed to land claim negotiations, the release said.

Ottawa ends NunatuKavut process for recognition of Indigenous rights

The council accused the federal government of bowing to pressure from other Indigenous groups and ignoring evidence in favour of internal advice.

“The Government of Canada has breached the honour of the Crown time and again in their dealings with us,” said Todd Russell, president of the NunatuKavut Community Council, in the release.

“NCC has been to various levels of the courts over the last 30 years and has, many times, found a fair hearing and much success,” he added. “We are very confident in the legal process.”