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Sparks fly over lawsuit

Kent Driscoll
Northern News Services

Iqaluit (Nov 07/05) - Two groups trying to help residential school students collect from the federal government are clashing with each other.

Alberta lawyer Steven Cooper is calling a letter from Nunavut Tunngavik Inc. (NTI) to residential school students "hogwash".

NTI is calling Cooper's statements "inaccurate".

NTI president Paul Kaludjak sent the letter to residential school students on Oct. 14. It states, "NTI is taking legal action to make sure that Nunavut beneficiaries receive the same compensation First Nations people may receive."

Cooper says it's a moot point, that anyone who attended a residential school has an equal chance at the compensation.

The Canadian government and the Assembly of First Nations signed a deal on May 30 to negotiate a settlement for residential school students.

"There is no doubt in my mind that the claim (from NTI) is based on a false premise, that Inuit will be excluded from the final process and settlement," said Cooper.

A joint statement from NTI, Inuvialuit Regional Corporation (IRC) and the Makivik Corporation (MC), released on Nov. 4, stated that "The information provided by Mr. Cooper is inaccurate, misleading and defamatory."

Cooper - an Alberta lawyer with a long history of Northern residency - has been representing about 400 Nunavummiut in front of retired Supreme Court Justice Frank Icaobucci.

Icaobucci was appointed by the federal government to sort out residential school claims.

"They (NTI) set a deadline (on their letter to former students) of Nov. 14. These negotiations will be done by Nov. 30. It (the letter) will have no impact at all," said Cooper.

"With all due respect to NTI, there is no realistic chance that they will succeed.

"They have confused people, people have been sending (their responses to NTI's letter) to me."

NTI, along with partners IRC and MC, filed its lawsuit on Aug. 31.

Although late to the table, they believe they have a role to play.

"No negotiations with the federal government should take place without Inuit organizations involvement," said IRC Chair and CEO Nellie Cournoyea.

The most recent statement from NTI claims that "prior to the organizations' involvement, there was no recognition that the smaller residential schools and hostels attended by Inuit and Inuvialuit should be included."

On that claim, Cooper also cried foul.

"There is no group of persons that went to a residential school that will be excluded. There are no Metis in the discussions and they will be compensated," Cooper claims.

"They are telling people that, but for NTI's involvement, they would be left out. That is just hogwash," said Cooper. Another major point of conflict between Cooper and the Inuit corporations has been over the best way to sue.

Cooper is a part of the Baxter national class action suit, which seeks $12 billion and has been joined by 21 separate law firms.

NTI has stated, "NTI, IRC and MC do not believe that a huge national class action, as promoted by Mr. Cooper, will be able to effectively or affordably address the interests of Inuit or Inuvialuit."

Cooper said he has tried to bring the NTI group on board.

"I've written NTI and I got my first response a couple of weeks ago. It wasn't even on the same subject," he said.

"I've been rebuffed, NTI has been less than forthcoming with any sort of meaningful communication."

The Inuit groups instructed their members in the Oct. 14 letter, "if you are approached by a lawyer asking you to sign a document, we suggest that you first contact NTI for advice and additional information."

"We started this seven years ago and NTI has added another level of documents to my clients. It isn't making it any easier," said Cooper.

Call Cooper a southern lawyer and he gets very frustrated. He grew up in Coral Harbour, was a founding member of the Nunavut Law Society and was first called to the NWT bar in 1989.

NTI's statement calls him an "Alberta lawyer," but Cooper said, "That whole notion belies the fact that they have hired a southern law firm."

NTI has hired Nelligan, O'Brien, Payne LLP of Ottawa for their law suit. Icaobucci is expected to provide a settlement before March 31, according to the agreement signed between the Assembly of First Nations and Deputy Prime Minister Anne McLellan.

More than $85 million has already been paid to former students who have settled with the government.