Question Period Note: Notice of Application for Judicial Review from Innu Nation (Regarding the Memorandum of Understanding between Canada and the NunatuKavut Community Council)

Canada is committed to resolving litigation outside of the courts.

Negotiated agreements and outcomes are preferred wherever possible.

The commencement of any one process should not be seen as reducing, in any way, the federal government’s commitment to meeting its obligations and objectives in relation to any other process.

If any product of the discussions with an Indigenous group has the potential to adversely affect another Indigenous group’s rights, the Government of Canada will consult as appropriate.

The Nunatukavut Community Council is the representative body of an Indigenous collectivity that self-identifies as the Southern Inuit of Labrador. Nunatukavut represents approximately 6000 members residing in 22 communities in south and central Labrador.

On October 1, 2019, the Labrador Innu filed in the Federal Court an application for judicial review of Minister Bennett's decision to sign an Recognition of Indigenous Rights and Self-Determination Memorandum of Understanding between Canada and the NunatuKavut Community Council. Innu Nation alleges that: the Minister exceeded her jurisdiction by dealing with a group which is not among the Indian, Inuit and Métis peoples; the recognition of NunatuKavut was unreasonable, in that the Minister failed to take account of relevant considerations; the decision to sign was made for an improper purpose; Canada failed to discharge its duty to consult and accommodate Innu Nation with respect to the signing of the Memorandum of Understanding.

The Recognition of Indigenous Rights and Self-Determination Process with the NunatuKavut Community Council

On July 12, 2018, Canada launched a Recognition of Indigenous Rights and Self-Determination discussion process with the NunatuKavut Community Council. The Memorandum of Understanding on advancing reconciliation was signed between Canada and the NunatuKavut Community Council on September 5, 2019.

On overlapping rights/interests

The Labrador Innu have publicly stated that the NunatuKavut Community Council’s process will impact their rights and the negotiation of their comprehensive land claims agreement. Federal officials are working with the Labrador Innu negotiating team to alleviate their concerns. Canada encourages Indigenous groups with overlapping rights/interests to work together to find acceptable solutions to all parties. Should any product of the discussions with the NunatuKavut Community Council have the potential to adversely affect another Indigenous group’s rights, the Government of Canada will consult as appropriate.

If pressed on the litigation

As the Application for judicial review is now before the Federal Court, it would be inappropriate for Canada to comment further on that litigation.