Yumimi Pang
Northern News Services
Published Monday, July 14, 2008

NUNAVUT - Canada's first Inuk lawyer continues to challenge the federal government on Inuit rights in the wake of the Indian Residential Schools Truth and Reconciliation Commission.

"There's a Charter of Rights and Freedoms in Canada that guarantees equal rights for aboriginals," said Kiviaq, formerly David Ward, from his home in Edmonton.

The Truth and Reconciliation Commission is chaired by Justice Harry LaForme, who is a member of the Mississaugas of New Credit First Nations in southern Ontario, and two commissioners, Claudette Dumont-Smith and Jane Brewin Morley, neither of whom are Inuit.

It could be seen as another case of Inuit being lumped with First Nations when Inuit should receive their own recognition and representation.

Kiviaq did not attend residential school, but his childhood was not a walk in the park.

"Which is worse, residential school or what I had to go through? I was taken south, not allowed to talk about my culture, family life or anything and I had the hell beaten out of me," he said. "I'm not defined as native and wasn't sent to residential school. I don't have the same recourse as Indians who did."

At the heart of Kiviaq's battle is a legal definition of the term "Inuit," and he noted that "Indian" is defined in the Indian Act, but there is no similar definition of "Inuit."

"Right now anybody can call anybody an Inuk or an Eskimo - who's to say they are or not?" said Kiviaq.

According to Margot Geduld with Indian and Northern Affairs Canada, the term Inuit has specific legal meaning in some contexts such as the four land claims settlement agreements between Inuit and the government of Canada where Inuit asked for and agreed to a specific usage of the word.

Further, Geduld added that the rights of Inuit are set out in several final agreements, or modern treaties, between the Government of Canada and the Inuit, including the Nunavut Land Claims Agreement.

Kiviaq said while Indians have rights laid out in the Indian Act, there is no similar Inuit Act. He wants Canada to create a definition of the Inuit people so that anyone who can prove they are Inuit can be declared as such and given corresponding rights, such as free education, free health care and other rights now available to First Nations.

For Kiviaq, this has been an ongoing battle dating back to 2001.

"I've always wanted to be known as something. I didn't realize this until I got into law school. Indians had rights and we didn't," said Kiviaq. "It's not equal. Why isn't someone doing something about it except me?"

What Kiviaq is doing is conducting a legal action against the Canadian government. Kiviaq, who is dying of cancer, said the battle has dragged on since the statement of claim was filed in 2004 and he is frustrated by the lack of action.

Kiviaq's lawyer, Terence Glancy with the Edmonton firm Royal, McCrum, Duckett & Glancy, is currently sifting through documents produced by the Crown in its affidavit of documents. The next step would be discovery, where each side could ask the other questions about the documents submitted thus far.

Glancy said constitutional cases in the area of aboriginal law tend to take a long time to get to court.

"Clearly the case is one of significance to Kiviaq and certainly at end of day to Inuit people," said Glancy.

Indian and Northern Affairs Canada declined to comment on the case, because the litigation is still before court.