An­other le­gal bat­tle

The Western Star - - FRONT PAGE - BY GARY KEAN [email protected]­ern­star.com Twitter: WS_GaryKean

More le­gal ac­tion has been taken in the fight against the con­tro­ver­sial Qalipu Mi’kmaq First Na­tion Band en­rol­ment process, de­spite the new found­ing mem­bers’ list be­ing due to come into ef­fect to­day.

More le­gal ac­tion has been taken in the fight against the con­tro­ver­sial Qalipu Mi’kmaq First Na­tion Band en­rol­ment process, de­spite the new found­ing mem­bers’ list be­ing due to come into ef­fect to­day.

There are sev­eral dif­fer­ent par­ties try­ing to chal­lenge the le­gal­i­ties of the sup­ple­men­tal agree­ment that forced the re­assess­ment of around 100,000 ap­pli­ca­tions for band mem­ber­ship.

Some of the ac­tions in­volve groups of peo­ple with ar­gu­ments against the cri­te­ria used to limit the new found­ing mem­ber­ship to less than 19,000. The orig­i­nal list is­sued in 2011 had more than 23,000, but around 10,000 of them will be erased from the new­est list

This week, Eric Tucker filed his own ap­pli­ca­tion with the Supreme Court of New­found­land and Labrador in Cor­ner Brook. Tucker, who was an un­suc­cess­ful can­di­date for the chief po­si­tion in the in­au­gu­ral Qalipu elec­tion in 2012, is ask­ing the court to in­struct the fed­eral De­part­ment of Indige­nous and North­ern Af­fairs to not re­voke the sta­tus cards of the roughly 10,000 peo­ple whose names will be re­moved from the found­ing mem­bers list.

Tucker, who grew up in Mead­ows in the Bay of Is­lands but listed his ad­dress in court doc­u­ments as North York, Ont., said there are too many out­stand­ing court cases for the new list to be made of­fi­cial at this point in time.

He wants the court to or­der that all of those who have been told they will lose their sta­tus to be per­mit­ted to con­tinue us­ing their sta­tus cards un­til the out­stand­ing court cases have been dealt with. Tucker said re­vok­ing cards is a vi­o­la­tion of th­ese peo­ple’s right to their her­itage and is cre­at­ing a great deal of suf­fer­ing

A court date of Sept. 26 has been set for Tucker’s ap­pli­ca­tion to be called.

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