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Commercial Space for Lease in Grand Falls – Windsor

Location: 28 Hardy Avenue

Available: July 1, 2017

Approximately 790 square feet is available which is suitable for office or retail space.  Common Kitchen and bathroom areas.  Wheelchair accessible.  Large parking lot.  Centrally located.  Heat and light included.

For more information, please contact Rob Dicks at 634-6895 or email rdicks@qalipu.ca

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Maw-pemita’jik Qalipu’k June 2018 Newsletter

Kwe’

With summer solstice just around the corner, new buds on the trees and sunny skies, are you as excited as I am about all the opportunities to celebrate the season?

National Indigenous Peoples Day, for many communities, has become a weeklong celebration.  In Corner Brook, the Mi’kmaq Flag will be raised on Monday, July 18th at several locations throughout the city.  Join the circuit on the Majestic lawn at 9:30 AM (in front of the Qalipu office building at 3 Church Street).  The event will begin with the planting of a tree and smudging of the flags which will later be raised at City Hall, the Royal Newfoundland Constabulary, Grenfell Campus and the College of the North Atlantic.  Find all the details for this event on Page 13.

This National day of celebration is observed annually across Canada on June 21 to recognize and celebrate the unique culture and contributions of First Nations, Inuit and Métis.   In Newfoundland, there are events across the province.  On Page 1 of this edition of Maw-pemita’jik Qalipu’k, you will find details on those events, and links for further information.  I look forward to the many things happening in my home community, St. George’s, where both the St. George’s Indian Band and the People of the Dawn Indigenous Friendship Centre have many wonderful things planned including sunrise ceremony, open doors at the Ktaqmkuk Mi’kmaq Museum, feasts, and a hike up Steel Mountain.  What’s happening in your area? Don’t miss out on the fun.

Also, in this edition, find event schedules for the Exploits Mawio’mi and the Bay St. George Mi’kmaq Powwow, snapshots of community happenings, stories about our young achievers, and some information from the Newfoundland Aboriginal Women’s Network on a new program.

To comment on what you’ve seen here, make suggestions for future newsletters or to contribute your community news, please write to awhite@qalipu.ca

I look forward to hearing from you.

Wela’lin

Alison

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New! Enrolment Questions and Answers

  1. What is the current status of the enrolment process?

The Appeal Process was concluded in February 2018 as the independent appeal masters finished reviewing all of the appeal notices that were submitted.

Approximately 13,000 appeals were reviewed by the independent Chief Appeal Master Mr. Geoffrey Brown, who was jointly selected by Canada and the Federation of Newfoundland Indians (FNI).  A legal firm, McInnes Cooper was chosen by both parties and hired by the FNI to provide Appeal Masters to work under the oversight of the Chief Appeal Master and address the volume of appeals received.

Now that the enrolment and appeal processes have ended, the next step is finalizing the Order-in-Council containing the updated Founding Members List. Should it receive final approval, the Founding Members List will then be given to the Indian Registrar for its implementation.

Applicants whose names are added or removed from the Founding Members List will be contacted with further information regarding registration status and benefits in the summer of 2018.

  1. What is the pre-publication in the Canada Gazette and why is it necessary?

This is a standard process that allows interested groups, individuals, and all Canadians the chance to review and comment on the proposed regulation before it’s enacted.

  • The proposed Order-in-Council was pre-published in the Canada Gazette on Saturday May 19, 2018 and will remain online until June 2, 2018. After which, it will be returned to Cabinet to request final approval.
  1. Where is the proposed Order-in-Council posted and how do I provide comments on it during the pre-publication period?

You can find the proposed Order-in-Council on the following website:

Contact information can be found at the bottom of the page if you wish to provide comments.

  1. What are you going to do with the comments submitted during the pre-publication period?

After the pre-publication period of May 19 – June 2, 2018, a summary of the comments received will be included in the final version of the Order-in-Council which will be returned to cabinet to request final approval.

  1. Why are the names of the Founding Members not included in the pre-publication document?

The names of the Founding Members will not be published in order to protect the privacy of individuals on the List and to address the recommendations brought forward by the Privacy Commissioner after previous complaints.

  1. What does the new Founding Members List look like?

The updated Founding Members list includes 18,575 people.

  1. How many people (new Founding Members) will be added to the Founding Members List?

Approximately 5,000 individuals will be added to the Founding Members List.

  1. How many people will be removed from the Founding Members List?

Approximately 10,400 individuals will be removed from the Founding Members List.  Some may lose their Indian status, while others will remain a member of the Qalipu First Nation through a category amendment.

*please see question 11 for details on the letter from the registrar that is being sent to the approximately 10,400 individuals who have been notified that they are losing status.

  1. How many people were added due to appeals and administrative review processes?

531 people were added to the Founding Members List due to the appeal and administrative review processes.

  1. When will I be registered or deregistered?

While we cannot confirm the date on which the Founding Members List will be fully implemented, several steps must first take place, such as the approval of the Order-in-Council.

If you are no longer eligible, you will be provided with advanced notice at the beginning of June 2018 regarding the impact and effective date of changes to your registration and benefits.  Applicants who will be added will be notified in summer 2018 of the effective date of registration.

  1. I received a letter from the Indian Registrar at the beginning of June regarding my loss of registration status. What does it mean?

The letter you received from the Indian Registrar provides the effective date of your deregistration from the Indian Register, unless you are entitled for registration as a child (even an adult child) of a Founding Member.

If neither parent is on the Founding Members List, and subject to the approval of the Order-in-Council, you will no longer be entitled to registration under the Indian Act nor eligible for registration-based federal benefits programs (including Non-Insured Health Benefits and post-secondary education benefits).

Eligibility for these benefits will not be affected until the date provided in your letter.

  1. I’ve been notified that I will lose my status but, my parent is going to remain a Founding Member, or will be a new Founding Member. What does this mean for me?

If you are a current Founding Member:

If the name of one of your parents is on the updated Founding Members List, you will remain registered as a Status Indian and as a band member, but not as a Founding Member. This means that you will retain your registered Indian status, you will remain eligible for benefits and your Secure Certificate of Indian Status (Status Card) will remain valid. You will receive a confirmation letter stating that, as a child of a Founding Member you will remain registered as a Status Indian, but under a different provision of the Indian Act, and you will remain a member of the Band.

If you are not a current Founding Member:

Individuals who are not yet registered will have to make a separate application seeking registration under the Indian Act AFTER the updated Founding Members List is approved.  The application forms can be found on the INAC website by clicking here:

https://www.aadnc-aandc.gc.ca/eng/1462806841047/1462806896945

You may also seek assistance at any of our office locations by calling the Indian Registration Administrator Charmaine Bath (appointments in Glenwood and Grand Falls-Windsor offices), or SCIS Clerk Jody Davis (Corner Brook, St. George’s and Stephenville offices).

Charmaine Bath: cbath@qalipu.ca or call (709) 679-2142
Jody Davis: jdavis@qalipu.ca or call (709) 634-4010

  1. I am going to be added to the updated Founding Members List. When will I begin to receive my program services and benefits?

Subject to the approval of the Order-in-Council, you will receive a notification from the Registrar, expected in early August, regarding the date on which you will gain access to program services and benefits which are available to registered individuals.

  1. I am going to be added to the Founding Members List. How do I get a Secure Certificate of Indian Status?

After the Founding Members list has been updated, you will be notified.  You can then apply for the SCIS card by contacting the Indian Registration Administrator Charmaine Bath (appointments in Glenwood and Grand Falls-Windsor offices), or SCIS Clerk Jody Davis (Corner Brook, St. George’s and Stephenville offices).

Charmaine Bath: cbath@qalipu.ca or call (709) 679-2142
Jody Davis: jdavis@qalipu.ca or call (709) 634-4010

Alternatively, you can consult the INAC website for the form and documentary requirements.

  1. I’m losing my status. What does this mean for my post-secondary education funding?

Given that this program is for registered First Nation members, you are strongly encouraged to plan ahead and to take steps to explore and secure alternative post-secondary funding options prior to August 31, 2018.

If you are an actively funded client or have submitted an application for funding for the upcoming school year, please contact the Education and Training Department to discuss your file, and student funding options for non-status Indigenous people.

Click the link below for a list of contacts:

http://qalipu.ca/about/office-and-e-mail-addresses/

  1. I’m losing my status. What will happen to my SCIS card?

If you are being deregistered from the Indian Register, your card (Secure Certificate of Indian Status) will no longer be valid as of the date of your deregistration. You should have received a letter from the Indian Registrar around the beginning of June regarding the effective date (end of August).

  1. I’m losing my status. Do I have a right to protest the decisions to deregister me from the Indian Register?

Yes. As per the Indian Act, additions, removals or changes made to the Indian Register are subject to protest. However, you will not be able to submit a protest until the date of your deregistration, which is expected to take place on August 31, 2018.

Please see the protest page on the INAC department website for more information.

  1. How will the updated Founding Members List affect the Qalipu election in October 2018?

Qalipu Band elections are governed by a custom code that outlines that an election is to take place every three years.  We are approaching the three-year mark and will go ahead with an election in October 2018.

You will be eligible to vote if on the date of the Qalipu election, you are 18 years of age or over and you are one of the following:

  • A Founding Member on the updated list;
  • A former Founding Member who has remained a member through a category change; or,
  • A member through an application seeking registration under the Indian Act

We will communicate more information about the 2018 election in the near future.

  1. What about the Wells/Wells case? Doesn’t that change things?

Canada and the Federation of Newfoundland Indians respect the Court’s decision and have decided not to appeal.

The Court’s ruling does not impact the current enrolment process and we are still on track to finalize the Founding Members List in spring of 2018. Canada and the Federation of Newfoundland Indians are assessing the anticipated effects of the Federal Court’s decision and will announce next steps in the process in the fall of 2018. Please ensure your address on file is up-to-date and notify us of any changes.

For more information about the Wells/Wells case outcome, please click here:
http://qalipu.ca/wellswells-court-ruling-and-next-steps/

  1. What is the Indemnification Agreement I have heard about in the media?

An indemnity agreement is a common element of a legal contract between two parties.  It specifies that one party (the indemnitor) agrees to pay for potential losses or damages incurred by the other (the indemnitee) that may come about as a result of the execution of the contract.

Please click the link below to read “Indemnity Agreement Explained”:
http://qalipu.ca/indemnity-agreement-explained/

  1. I have moved, how do I update my address?

If your address has changed since you submitted your original application, please call the INAC Qalipu Mi’kmaq First Nation Line at 1-800-561-2266.  You can also send a signed letter by fax to 1-204-984-3032.  Make sure to include:

  • Your full name
  • Your date of birth
  • Your file number from INAC, if available (found at the upper-right corner of a letter from the Enrolment Committee)
  • Your previous and new mailing address
  • The effective date of your address change
  • Phone number
  • Any other information you would like to update (eg. Name, gender, marital status, typos etc.)
  1. I need a copy of a document (appeal decision letter, Enrolment Committee decision letter, copy of application, other)

Please call the INAC Qalipu line at 1-800-561-2266 to request a copy of the document you are looking for. Make sure to include:

  • Your full name
  • Your date of birth
  • Your file number from INAC, if available (found at the upper-right corner of a letter from the Enrolment Committee)
  • Your previous and new mailing address (if changed)
  • The effective date of your address change (if changed)
  • Phone number
  • Any other information you would like to update (eg. Name, gender, marital status, typos etc.)
  • The document you are requesting
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Former CAP National Chief Dwight Dorey and Qalipu Chief Brendan Mitchell take a stroll along the Corner Brook Stream Trail during a visit to Newfoundland in 2016

Message from the Chief – May 25 2018

It is with great sadness that I share news of the passing of former National Chief Dwight Dorey.  Dwight was a friend to me, and a strong supporter of the Qalipu First Nation during his time as National Chief of the Congress of Aboriginal Peoples, and over the years as an advocate for the Indigenous people of Canada.

On behalf of Qalipu First Nation, its council, staff and membership, we express our sincere condolences to members of Dwight’s family and wish them comfort at this time.

Dwight will be sadly missed by all who knew him.

-Chief Brendan Mitchell

Read about Dwight Dorey’s life, and contribution to Indigenous advocacy in Canada:

Windspeaker News, May 24, 2018 Former National Chief Dwight Dorey has passed away
http://www.windspeaker.com/news/windspeaker-news/former-national-chief-dwight-dorey-has-passed-away/

The word NEWS written in vintage wooden letterpress type in a wooden type drawer.

Wells/Wells Court Ruling and Next Steps

A recent Federal Court ruling that is relevant to some 50,000+ applicants who were denied Founding Membership to the Qalipu First Nation after failing to meet the self-identification requirement was recently handed down by Justice Russell W. Zinn.  The case was between Sandra and Dave Wells, Canada and the Federation of Newfoundland Indians (FNI) and related to the Self-Identification criterion of the Qalipu enrolment process, the right to appeal for applications denied on this criterion, and the validity of the Supplemental Agreement.

In summary, Justice Zinn ruled that:

  • The FNI and Canada acted within their legal rights to amend the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band through the introduction of the Supplemental Agreement. Amendments that corrected errors in the Agreement, or extended timelines, for instance, required only that the parties agree on the amendment and did not require ratification.
  • The FNI and Canada did not introduce the Supplemental Agreement for “the improper purpose of pre-emptively limiting the number of potential band members who would be entitled to registration.”
  • There were parts of the Supplemental Agreement that did not fit within the parties right to amend without ratification and thus the judge deemed unreasonable:
    • Removal of the right of appeal for applicants denied on the Self-Identification criterion
    • Evidentiary documentation supporting an applicant’s self-identification should have been based on the date of Qalipu’s formation, rather than the date that the Agreement for the Recognition of the Qalipu Mi’kmaq band was signed by Canada and the FNI.
  • The types of evidence required to show self-identification, and the requirement for this type of evidence on an applicants file, was reasonable and fair.
  • The timeline to respond to the Supplemental Agreement was fair and applicants were not denied procedural fairness.
  • Charter rights were not breached in the introduction of the Supplemental Agreement.

The next steps Canada and the FNI will take following receipt of the Federal Court decision have yet to be determined.   Once the parties have had the chance to meet, and discuss next steps, more information will be communicated on the path forward.

For a better understanding of this case, please click here to read additional information in Outcomes from the Recent Court Ruling Involving Dave Wells, Sandra Wells, Canada and the FNI.

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Wanted: Your Indigenous Art Work

The Ktaqmkuk Mi’kmaq Museum in St. George’s is preparing to open for the season and would love to showcase local traditional art work in their gift shop.

If you’re an artist with work to sell, please contact St. George’s Indian Band Chief Marlene Farrell at (709) 647-3293 or email marlene.farrell@hotmail.com

Have you visited the museum yet?

Housed in a fully restored 19th century courthouse, this museum is a must-see.  As you read the plaque text you’ll learn about our province’s Mi’kmaq history.  While you’re there, get your picture taken inside a reproduction of a Trapper’s Lodge, beside Mattie Mitchell, a world renowned Mi’kmaw guide, or in front of the scale model replica of a 5-meter-long ocean going canoe that the Mi’kmaq used to travel to our island.

Activities will be planned for the summer.  Keep an eye on their website here: http://www.sgibnl.ca/ktaqmkuk-mikmaw-cultural-historic-museum-newfoundland/

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Removal of Natural Obstructions to Improve Atlantic Salmon and Brook Trout Habitat in Western NL

Flat Bay Brook and Harry’s River are popular Atlantic Salmon and Brook Trout fishing systems in western Newfoundland. As of July 2014, the retention level for Atlantic Salmon on these systems was increased from two to four fish (DFO 2014). Increased fishing pressure may slow or prevent future population growth. Furthermore, large expanses of breeding habitat along Flat Bay Brook and Harry’s River tributaries are inaccessible due to natural obstructions. Active and inactive beaver dams coupled with low water levels can prevent the upstream migration of Atlantic Salmon and instream migration of Brook Trout (Collen and Gibson 2001, Mitchell and Cunjak 2007, Taylor et al. 2010). These obstructions can prevent Atlantic Salmon from accessing upstream spawning habitat, while simultaneously increasing competition for downstream spawning habitat. We propose the removal of natural obstructions along the Sheep Brook, Cold Brook, and Ahwachenjeech tributaries, which will restore natural riverine flow conditions and open approximately 4.5 km of benthic habitat. These restoration activities will increase Atlantic Salmon spawning habitat, allow the in-stream migration of Brook Trout, and will promote sustainable recreational fisheries in western Newfoundland.

The results of this project will be used to determine the short term effects of removing natural habitat obstructions on river health and population dynamics of Atlantic Salmon and Brook Trout. Periodic monitoring beyond 2015 will determine long term benefits of removing natural obstructions. This project aligns closely with conservation projects headed under Qalipu Mi’Kmaq First Nation Band’s Aboriginal Fisheries Strategy. Mi’kmaq Alsumk Mowimsikik Koqoey Association (MAMKA) has worked closely with Aboriginal Fisheries Guardians to protect our watersheds from illegal activities, while improving stewardship through river side clean ups and Atlantic Salmon redd, benthic habitat, and obstruction monitoring. This project also aligns closely with MAMKA’s Aboriginal Funding for Species at Risk projects, including monitoring the distribution and abundance of American Eel and Banded Killifish in Newfoundland.

The word NEWS written in vintage wooden letterpress type in a wooden type drawer.

Indemnity Agreement Explained

An indemnity agreement is a common element of a legal contract between two parties.  It specifies that one party (the indemnitor) agrees to pay for potential losses or damages incurred by the other (the indemnitee) that may come about as a result of the execution of the contract.

The word indemnity simply means protection from, or compensation for losses incurred.  Such an agreement outlines who will bear the cost.

In the case of the Indemnity Agreement between the Government of Canada, the Federation of Newfoundland Indians, and the Qalipu First Nation, linked below, the Government of Canada agreed to bear any costs that could potentially arise from court actions regarding the implementation of the Supplemental Agreement.

The Supplemental Agreement was signed in June 2013 to resolve issues which prevented conclusion of the Qalipu enrolment process.  For instance, the timeline for review of applications as set out in the Agreement in Principle, was about to expire leaving some 70,000 + applications outstanding.  The Supplemental Agreement provided an extension and the needed resources to review all applications.

By the time the Supplemental Agreement was signed, the Qalipu First Nation had been officially recognized as an Indian Act Band.  Qalipu owned office buildings, was providing employment for many people, it managed large budgets for programs and services, and it represented more than 24,000 status members.  From the point of view of the Qalipu First Nation, who now had much to lose, an indemnity agreement was a very important and responsible decision to make before signing any agreement.

The Indemnity Agreement protects Qalipu from possible financial ruin, from the loss of everything that has been built.

In a recent story published by CBC’s Nic Meloney, for instance, Meloney commented on a potential class-action lawsuit.  The article stated, “If successful, the case will see applications of those involved in the lawsuit reviewed under the original criteria and the potential for Canada to pay damages up to $600 million.” The Indemnity Agreement protects the Qalipu First Nation should the courts make such an award.

As litigation over issues with the enrolment process play out in court, the potential losses are far greater now than they were in 2013, making the Indemnity Agreement more important than ever.

In keeping with our mandate of openness and transparency, all members are encouraged to review the Indemnity Agreement.

Please click here to access the Indemnity Agreement.

Group of six boys, team sitting on the grass with balls happy and smiling, on sunny summer day

Aboriginal Sport and Recreation Circle NL (ASRCNL) Basketball ID Summer Camp

Lead Coaches:

Peter Benoite – Memorial Men’s Sea Hawks Varsity Head Coach

          Doug Partridge – Assistant Technical Director, NLBA

Eligibility;

Male: Aboriginal status or * self identified, born 2001-2003 or 2004-2007.

Female: Aboriginal Status or * self identified, born 2001-2003 or 2004-2007.

*Self identified athletes may not have official status (ie Qalipu rejection) but still have              documented family linkages confirming their Indigenous ancestry.

Date: July 10-12, 2018

Location: Sir Wilfred Grenfell College, Corner Brook NL

Registration Deadline: June 30, 2018. Please note there will be a cap of athletes per group as camp space is limited and will be determined on a “first come, first serve” basis.

Registration Fee:           $25.00

Schedule:  2 training sessions per day over 3 days (detailed schedule available by July 4).

Registration Procedure:
Please complete the accompanying registration form and attach with cheque/money order made payable to:   ASRCNL

Mail Registration forms to:

 ASRCNL
Provincial Training Center
P.O. Box 338
Goose Bay, NL
AOP 1CO

For further information, please contact:
Mike Alexander 709-643-3130, e-mail: bsgasrc@nf.aibn.com
Todd Winters  709-896-9218, e-mail: asrcnl@nf.aibn.com

Click here for the registration form