On behalf of the Miawpukek First Nation, Chief Mi’sel Joe expresses dismay and disappointment that the Supreme Court of Canada has declined to hear an appeal from the Supreme Court of Newfoundland and Labrador in the case Her Majesty the Queen in Right of Newfoundland versus Ken Drew et al (short form, R. v. Drew).
The Province commenced a legal action in 1996. Justice Leo Barry of the Supreme Court of Newfoundland and Labrador (Trial Division) held in a decision dated 17 July 2003 that the Miawpukek Mi’kmaq did not have the claimed aboriginal or treaty rights. On 11 October 2006 the Supreme Court of Newfoundland Court of Appeal upheld the decision at trial.
“It would seem that First Nations do not have fair access to judicial remedies when the main source of evidence is documents written from a European perspective only, and are interpreted in a manner contrary to the recognition of First Nations rights,”
We are currently reconsidering our options. And our faith in the Supreme Court of Canada.”…
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