Members and applicants who have questions regarding their membership application and the enrolment process, please see below for frequently asked questions or call 1-800-561-2266

Update on the Appeal Process

The new Founding Members List is currently being finalized and is subject to approval by the Governor-in-Council. Updated results of the enrolment process will be communicated as soon as possible. Once the new list is approved, individuals will be added to or removed from the Indian Register. Those affected will be contacted in the summer of 2018 about their registration status and benefits. Benefits will not be affected until then.

  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
  1. Who was eligible to appeal the decision of the Enrolment Committee?
  • Applicants who received an Appeal Notice with their letter regarding the Enrolment Committee’s decision had the right to appeal the decision on or before April 13, 2017 regarding eligibility for Founding Membership in the Band. Some applicants did not receive an Appeal Notice because:
    • Their application was determined by the Enrolment Committee to be invalid
    • Their application was submitted after September 22, 2011 and denied by the Enrolment Committee because they, or, if under the age of 18, either of their parents, were not named in a membership list of the Federation of Newfoundland Indians, Ktaqamkuk Mi’kmaq Alliance, Benoit First Nation or the Sip’kop Mi’kmaq Band nor did they submit any documentary evidence of self-identification of the type specified under section 8 of the Supplemental Agreement.
  1. What is the process for reviewing appeals?
  • All appeals are being handled by a legal team of Appeal Masters who is neutral and independent from the Federation of Newfoundland Indians and the Government of Canada.
  • Chief Appeal Master Geoffrey Brown and a legal team of Appeal Masters are reviewing your record and Appeal Notice, in the context of the grounds for appeal, and will render a decision that you will receive in the mail.
  • For unsuccessful appeals, the appellant will receive notification from the Appeal Master indicating that the decision of the Enrolment Committee has been maintained.
  • When an appeal is successful, the Appeal Master will notify the Enrolment Committee that their decision has been overturned. The Enrolment Committee will then review the applicants file on remaining criteria, where applicable, and notify the appellant on whether they meet the criteria for Founding Membership.
  • Please see below for a chart explaining how appeals are processed

Appeals Process img 1

 

  1. What does it mean that if my appeal is successful, it is returned to the Enrolment Committee for assessment on remaining criteria?
  • The files were reviewed in stages; the first being self-identification, then group acceptance and finally ancestry. If the applicant failed self-identification, the file was closed, and a decision rendered.  The same held for each stage.  For example; if a file passed self-identification, it was moved to the next stage which was group acceptance.  If at this stage the file failed to meet the criteria, the decision was rendered, and the file was closed without ancestry being reviewed.  If the applicant in this example appealed and was successful, then the file goes back to the Enrolment Committee to review the file for ancestry.  If ancestry is verified, the applicant can then be admitted to the Band.  Some files (in particular, those that already have status cards) have already had ancestry approved and therefore that will not have to happen a second time and they will remain in the Band.  If the Enrolment Committee finds that a person who is not already a Founding member of the Band has not proven ancestry, they will be advised in a letter to the Enrolment Committee and will be provided an opportunity to appeal this decision.
  • A chart outlining the process can be found on Question 2.
  1. Is everything that I submitted in my application being considered by the Appeal Master, even if it’s not in the direct “context of the grounds for appeal”?
  • Yes, the Appeal Master’s review will include everything that was raised in your appeal.
  1. What is the Appeal Master considering during the appeal process? How does he/she reach a decision?
  • The Appeal Master will consider the applicant’s record that was used by the Enrolment Committee when reaching its decision, along with the reasons you believe the Enrolment Committee made a mistake or error in considering your application and why the documentation submitted with your application demonstrates that you met the requirements to become a Founding Member of the Qalipu Mi’kmaq First Nation.
  • The Appeal Master will evaluate the Enrolment Committee’s reason(s) for denying your application, your reasons for arguing that a mistake was made, and whether the documentation you submitted demonstrates that you met the requirements to become a Founding Member in the context of the Agreement-in-Principle and the Supplemental Agreement.   The Appeal Master reaches his/her decision after taking all those factors into account.
  1. When will decision letters begin to arrive? How long will letters continue to arrive?
  • Appeal decision letters will be sent out at the end of each month, starting at the end of October 2017, and at the end of each month following until the process is complete.
  • Some applicants may receive appeal letters sooner or later than others but this timing will not delay the enrolment process.
  1. A new batch of letters was sent out at the end of November. How many were sent? When will it be completed?
  • Approximately 4500 letters were mailed at the end of November.  A larger number can be expected at the end of December, and the balance will be completed by the end of January 2018.
  1. Who will receive letters first? Is there any particular order to the review and notifications?
  • The files are not being processed in any particular order.
  1. How many appeals were submitted in total? What number of these are successful appeals?
  • Approximately 13,000 appeals were received.  The review of appeals is ongoing.  A summary report on the number of successful appeals will be made available at the end of the process.
  1. What happens if an appeal is successful?
  • As with the January 31 mail out, the letters will contain instructions on what to do next, and how to proceed.
  • Depending on the criterion upon which the Enrolment Committee decision was based, the file may have to be reviewed again to determine whether the remaining criteria for Founding Membership were met. For example, if an applicant was denied Founding Membership based on Group Acceptance and won their appeal, it means that the applicant’s file must be revisited by the Enrolment Committee for assessment on the grounds of Ancestry and connection to a Pre-Confederation Mi’kmaq community, which was the third phase of enrolment review.  A denial of your application on these grounds will result in you having a further right to appeal that decision.
  • Please see below for a chart outlining how appeals are processed.
  • Please see Question 8 for more information on assessment on remaining criteria for membership.

Appeals Process img 1

  1. If my appeal is successful, why is my file being returned to the Enrolment Committee for assessment on remaining criteria for membership?
  • Depending on the criterion upon which the Enrolment Committee decision was based, the file may have to be reviewed again to determine whether the remaining criteria for Founding Membership were met.  For example, if an applicant was denied Founding Membership based on Group Acceptance and won their appeal, it means that the applicant’s file must be revisited by the Enrolment Committee for assessment on the grounds of Ancestry and connection to a Pre-Confederation Mi’kmaq community, which was the third phase of enrolment review.  A denial of your application on these grounds will result in you having a further right to appeal that decision.  Below is a chart that outlines the criteria for membership.

Appeals Process img 2

  1. If my file is reviewed by the Enrolment Committee on remaining criteria, how long will this take?
  • The Enrolment Committee has been organized so that it can immediately review whether the remaining criteria have been met.
  1. Who is on the Enrolment Committee that will be doing the assessment on remaining criteria for successful appeals?
  • The Enrolment Committee comprises two representatives appointed by the FNI, and two by Canada.  It is chaired by Ron Penney.  The assessment will be done where they meet.
  1. What happens if my appeal is denied? Do I have another recourse?
  • The decision of the Appeal Master will be the final decision under the process for determining Founding Membership as set out in the 2008 Agreement and the 2013 Supplemental Agreement.  Applicants may wish to consult with a lawyer to determine whether a decision should be made the subject of a judicial review.
  1. If my appeal is denied, can I still be registered as a member of the Band?
  • If your parent is a Founding Member who will maintain Founding Membership, you are entitled to be registered under the Indian Act right now. You can contact our Indian Registration Administrator, Charmaine Bath, for assistance.   Reach Charmaine at 679-2142 or 1-855-263-6440 (toll free available in Newfoundland only)
  • If you are a Founding Member whose appeal has been denied, and you have a parent who will have, or maintain, Founding Membership, your name will be automatically maintained on the Indian Register.  In Spring 2018, once the new Founding Members list is in effect, you will receive a letter regarding a change to your registration category.  You will still be a member of the Band.

14 Children of Qalipu FM

  1. As a layperson, I do not have a clear understanding of the Indian Act. What are section 6(1)(b), and 6(2) and so on?
  • According to the Indian Actin its present form:
    • Upon being registered (or entitled to be registered), Founding Members are considered 6(1)(b)’s under the Indian Act of Canada, which means:
    • “6(1)(b) – Persons who are members of groups declared to be new bands by the Governor in Council”
      • An individual who has the 6(1)(b) classification does qualify to register their children, however the child’s classification will be 6(2) under the Indian Actof Canada, which means:
    • “6(2) – Persons with one Indian parent registered or entitled under a 6(1) provision”
      • An individual with 6(2) classifications under the Indian Actof Canada will not qualify to register their children due to the Section 6(2) Cut-Off that was introduced in the 1985 Indian Act of Canada:
    • “Section 6(2) Cut-Off – The 1985 Indian Act introduced a cut-off in terms of who is entitled to registration.  Persons born to a parent who is registered or entitled to be registered under Section 6(2) are not eligible for registration unless their other parent is also someone who is registered or entitled to be registered under the Act.”
    • If however, both parents are registered 6(1)(b) Indians under the Indian Act of Canada (does not necessarily mean parents are registered, or entitled to be registered, with the same Indian Act Band), would allow for their children to be registered as 6(1)(f)’s under the Indian Act of Canada, meaning:
      • “6(1)(f) – Persons with two registered (or entitled to be registered) parents”
    • Children of a 6(1)(f) parent are eligible to be registered as Status Indians under the Indian Act of Canada.
    • For further information, please click here or see question 10 for a graph called “Eligibility for Registration”.
  1. The Federation of Newfoundland Indians submitted appeals for some applicants. How many did you submit and how many were successful?
  • The Federation submitted an appeal on behalf of 3,000 applicants of which, 2,300 were based on the points system, and 700 were based on ancestry and/or connection to pre-confederation communities.
  • The decision rendered by the Chief Appeal Master will be forwarded to the affected applicants. If you submitted your own appeal, the decision on your appeal and on the Federation of Newfoundland Indians appeal will be forwarded to you at the same time.
  1. What is the status of Administrative Reviews?
    • Some applicants whose files were found to be or ineligible on the grounds of self-identification did not have a right to appeal the Enrolment Committee’s decision. Applicants were able to request administrative review if they believed an element of their application had been missed in the Enrolment Committee’s assessment. If an error was found in the review, the Enrolment Committee then assessed the applicant on the remaining eligibility criteria for Founding Membership.
    • 930 applicants have been notified of the outcome of their request for an administrative review. Letters should be read carefully, as they may contain instructions for further action, such as an opportunity to appeal.
  1. Qalipu hosted a number of community meetings following the January 31, 2017 mailout. Are we gearing up for this part of the process as well? Will there be a post-appeal community engagement?
    • A community tour was arranged following the January 31 mail out to ensure that individuals understood the meaning of their decision letters, and in particular, what they would need to do to respond to the Notice of Appeal.
    • There is an upcoming round of Town Hall meetings in each of our Wards before the end of 2017. This will be an opportunity to ask questions and more information will be shared at this time.
    • Front line staff in each of our office locations are available to take your call
  1. Is the timeline for establishment of the new Founding Members list on track?
    • The original timeline to create the new Founding Members list is on schedule to be completed in the spring of 2018.
  1. Haven’t some applicants taken court action against the enrolment process?
    • There are several cases that are now before the Federal Court.
  1. Who can appeal?

If you receive an Appeal Notice with your letter notifying you of the Enrolment Committee’s decision, then you have the right to appeal the decision regarding your eligibility for Founding Membership in the band. If you do not receive an Appeal Notice in your decision letter it is for one of the following reasons:

your application was determined by the Enrolment Committee to be invalid

your application was submitted after September 22, 2011 and denied by the Enrolment Committee because you, or, if you are under the age of 18, either of your parents, is not named in a membership list of the Federation of Newfoundland Indians, Ktaqamkuk Mi’kmaq Alliance, Benoit First Nation or the Sip’kop Mi’kmaq Band nor did you submit any documentary evidence of self-identification of the type specified under section 8 of the Supplemental Agreement.

  1. What is the process for appeal?

If you are entitled to appeal the Enrolment Committee’s denial of your application, an appeal notice was included in the mail out dated January 31, 2017. To initiate an appeal, you will need to complete the appeal notice. Please note that no additional documents will be accepted.

All appeals will be handled by a legal team of Appeal Masters who is neutral and independent from the Federation of Newfoundland Indians and the Government of Canada. An Appeal Master will review your record and Appeal Notice, in the context of the grounds for appeal, and render a decision that you will receive in the mail.

You will have until April 13, 2017 to provide your Appeal Notice to the Office of the Appeal Master.  Retain a copy for your records and return the original to:

Office of the Appeal Master
Box 9100
Winnipeg, MB R3C 0M9

  1. When will the appeal process end?

All appeals will be concluded by Fall 2017

  1. What happens if my appeal is denied? Do I have another recourse?

The decision of the Appeal Master will be the final decision under the process for determining Founding Membership as set out in the 2008 Agreement and the 2013 Supplemental Agreement.   Applicants may wish to consult with a lawyer to determine whether a decision should be made the subject of a judicial review.

  1. What happens if my appeal is denied? Can I still be registered as a member of the Band?

If you are a descendant of Founding Members who remain registered at the conclusion of this process, you may be entitled to registration under the Indian Act. Founding Members in this category who had their applications rejected will receive a letter from the Indian Registrar regarding modifications that will be made to the applicant’s registration category in the spring 2018 since this can only come into force once the new Founding Members list is in effect. Applicants who never had Founding Membership but are descendants of Founding Members who remain registered after this process may also be entitled to registration under the Indian Act but will have to make a separate application seeking registration since they have not been previously registered.

  1. What does an Appeal Master consider during the appeal process? How does he/she reach a decision?

The Appeal Master will consider the applicant’s record that was used by the Enrolment Committee when reaching its decision, along with the reasons you believe the Enrolment Committee made a mistake or error in considering your application and why the documentation submitted with your application demonstrates that you met the requirements to become a Founding Member of the Qalipu Mi’kmaq First Nation.

He/she will evaluate the Enrolment Committee’s reason(s) for denying your application, your reasons for arguing that a mistake was made, and whether the documentation you submitted demonstrates that you met the requirements to become a Founding Member in the context of the Agreement-in-Principle and the Supplemental Agreement.   The Appeal Master reaches his/her decision after taking all those factors into account.

It is important to note that no additional evidence (i.e. documents, photos, etc.) can be submitted for the appeal.

  1. Was the Appeal Master appointed by Government or by Qalipu? How was the Appeal Master chosen?

The Government of Canada and the Federation of Newfoundland Indians jointly appoint the Appeal Masters in accordance with the 2008 Agreement and the 2013 Supplemental Agreement.  When selecting the Appeal Master, the parties looked for neutral and independent individuals who are legally trained and well respected within the Newfoundland legal community.

  1. What qualifies an individual to be an Appeal Master?

The Appeal Master must be legally trained and well respected in the Newfoundland legal community.

  1. What information is covered in the Appeal Notice?

The Appeal Notice will include:

  • Instructions on how to complete the appeal.
  • Information on privacy and who will have access to your file (The Appeal Master will have access to the Applicant Record, including all documentations submitted on behalf of the Applicant, all documentation considered by the Enrolment Committee, and any correspondence received or sent by the Enrolment Committee).
  • An explanation of the reasons for appeal. For example, if you can identify an error or mistake made by the Enrolment Committee in the application of the 2008 Agreement, the 2013 Supplemental Agreement, and directives to the Enrolment Committee, that resulted in the decision to deny your application, you must explain why you believe a mistake or error was made and why the documentation submitted with your application demonstrates that you meet the requirements to become a Founding Member.
  • The form “Appeal Notice to the Appeal Master” has three parts that you will need to complete: Appellant Information, Reason(s) for Appeal and Declaration and Signature.
  1. What information can I supply with my appeal?

No additional documents will be accepted.  The Appeal Master will base his/her decision on your applicant record and your Appeal Notice.  The only information you can submit is the Appeal Notice to the Appeal Master.  Your grounds for appeal can be supplied in Part 2: Reason(s) for Appeal.  In this section, you must explain why you believe a mistake or error was made and why the documentation submitted with your application demonstrates that you meet the requirements to become a Founding Member.

  1. Why can’t I submit additional documents with my appeal?

The 2008 Agreement specified that additional documents could not be submitted with an appeal.  In November 2013, all applicants were provided with an opportunity to submit additional documents to prove that they met the requirements of self-identification and group acceptance.  It was the sole responsibility of an applicant to determine what additional documentation, if any, relating to self-identification and group acceptance he/she wished to provide in support of their application.

  1. Is there assistance available to help me with my appeal?

There is no assistance available to applicants to help them write or prepare the Appeal Notice.  For general information, please contact 1-800-561-2266.  You may also contact or visit an Enrolment Assistant in Glenwood, Grand Falls-Windsor, Corner Brook, Stephenville, or St. Georges to discuss your letter from the Enrolment Committee, the appeals process, or the enrolment process in general.  Please visit Qalipu.ca for more information regarding the Enrolment Assistants.

  1. How can I get a copy of my file and associated documents that I submitted with my application?

You can get a copy of your file by calling the Indigenous and Northern Affairs Canada Qalipu Mi’kmaq First Nation line at 1-800-561-2266 and ask to get a copy of your application.  The call center will ask for the following information:

  • Your full name
  • Your INAC file reference number (or date of birth if you do not have your file number)
  • Your mailing address. You may also be asked for your previous mailing address if your address has changed.
  • Your phone number

Your information will then be verified, and a copy of your application will be sent to you.

Applicants can also make a written request via fax (1-204-984-3032)

On their written request you must provide:

  • full name
  • O.B.
  • INAC file number
  • address and signature
  1. How long will it take for me to get a copy of my file

Requests for a copy of your applicant record will be processed within five business days.

  1. What will I receive when I make a request for a copy of my file?

You will receive:

  • A copy of your initial application package and additional documents you directly submitted.
  • A copy of the assessment tool completed by the Enrolment Committee supporting their decision on your file.
  • Only if you reached the Pre-Confederation Mi’kmaq connection or ancestry criteria (please see question 17 for how files were assessed), a copy of your family tree completed by the Enrolment Committee supporting their decision on your file.

If you were a main applicant on a family package, you will receive back all ancestry documents you submitted. If you were not the main applicant on a family package, you will not receive ancestry documents that were submitted by the main applicant, even if they were used in the assessment of your file.

  1. Why did some family members have different decisions on their files?

Eligibility for founding membership is based on more than ancestral lineage. Each applicant must meet the specific criteria noted below. The criteria established by the Canada and the Federation of Newfoundland Indians was guided by the Supreme Court of Canada’s decision in R. v. Powley, wherein the Court recognized that belonging to an Aboriginal group requires at least three elements: Aboriginal ancestry, self-identification, and acceptance by the group. The Supreme Court stressed that self-identification and acceptance could not be of recent vintage. This formed the basis of the eligibility criteria for founding membership in the Qalipu Mi’kmaq First Nation, and this is why it is possible that some individuals with the same ancestor(s) as an accepted Founding Member may not receive status.

Criteria to become a Founding Member:

  • Is of Canadian Indian ancestry;
  • Is a member of a Newfoundland Pre-Confederation Mi’kmaq Community (or is a descendent of such person);
  • Was not registered on the Indian Register on the date of the Recognition Order (September 22, 2011);
  • Self-identified as a member of the Mi’kmaq Group of Indians of Newfoundland on the date of the Recognition Order; and
  • Was accepted by the Mi’kmaq Group of Indians of Newfoundland as a member of the Mi’kmaq Group of Indians of Newfoundland on the date of the Recognition Order.

The applications of immediate family members (siblings, parents, etc.) may not have been documented identically, as evidence of self-identification and of acceptance by the group may differ from one individual to another. As such, this may have resulted in different decisions having been rendered amongst family members.

  1. How were the files assessed?

Appeals Process img 2

  1. I already submitted my appeal notice, but I would like to submit another reason to support my appeal. Can I do this and what is the process?

Yes, you can submit another reason for appeal if you already submitted your appeal notice.  To submit another reason for appeal, please note the following instructions:

Send a letter with your full name and file number at the very top of the first page and on every additional page.  The letter must be sent to the following address by April 13, 2017:

Office of the Appeal Master
Box 9100
Winnipeg, MB
R3C 0M9

Ensure the first page contains the following heading:  SUPPLEMENT TO PART 2 OF THE APPEAL NOTICE: REASONS FOR APPEAL

Your opening paragraph must say, “The following are my supplemental and/or additional reasons to appeal and are to be appended to my Appeal Notice dated [provide date].”

You can then proceed to outline your additional reasons to appeal.

*This Question and Answer is intended only for individuals who have already sent in their appeal notice and later thought of additional reasons that might support their appeal.

1: When will a decision on my application be made?

  • The Enrolment Committee has completed its review of all 101,000 applications.  A letter regarding the Enrolment Committee’s decision on your file and next steps will be mailed on January 31, 2017.  You should expect to receive this letter in the mail within the first ten days of February.

2: I have moved since I applied. What should I do to ensure that I receive my letter on January 31?

  • If your address has changed since you submitted your original application, you must update your contact information in order to receive this letter. Please call the Indigenous and Northern Affairs Canada (INAC) Qalipu Mi’kmaq First Nation line at 1-800-561-2266 or send a signed letter by fax to (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 addresses
    • the effective date of your address change

3: I’m already a member of the Qalipu Mi’kmaq First Nation, I have a card. Will I receive a letter on January 31?

  • Everyone who submitted an application to the Qalipu Mi’kmaq First Nation enrollment process is an applicant, including members of the Qalipu Mi’kmaq First Nation.  Unless your application has been rejected, your application has been reviewed for Founding Membership in the Band and you will receive a letter with the decision of the Enrolment Committee dated January 31, 2017.

4: I did not supply any new information or documentation after the Supplemental Agreement. I didn’t respond at all. Was my application reviewed again?

5: What will my letter say?

  • Your letter will indicate that you are either eligible or ineligible for Founding Membership in the Qalipu Mi’kmaq First Nation.  It will also provide information on next steps as outlined in the timeline below:
    20170104-updated-timeline

6: If I am found eligible for Founding Membership, will I immediately get my status card and benefits as a status Indian?

  • The process for registration is expected to commence in the spring of 2018.
    Before you can become entitled for registration under the Indian Act, the Founding Members list needs to be finalized.  This requires decisions to be rendered on all appeals and the updated Founding Members list to be tabled in Cabinet and approved.  Once this happens, the Indian Registrar will begin to implement updates to the Indian Registry.  You will be entitled to access programs and services after you are registered under the Indian Act.
    You will be contacted by the Indian Registrar when your name is added to the Indian Registry.  At that time, you will be able to apply for a Status Card, referred to as the “Secured Certificate of Indian Status.”
    Please click here to view the timeline on changes to the Indian Registry

7: Will individuals currently receiving benefits as Status Indians immediately lose those benefits if their letter states that they are ineligible for Founding Membership

  • You will not lose your status/benefits until after the Indian Registry is amended based on the updated Founding Member list subject to a new Order in Council to be presented by the Minister in Parliament.  This amendment process will commence in early spring of 2018 at which point you will be contacted by the Indian Registrar with more information.
    Please click here to view the timeline on changes to the Indian Registry

8: If my letter says that I am ineligible for Founding Membership and I am currently a member, will I have to repay benefits that I received once my name is removed from the Indian Registry?

  • The Government of Canada will not seek the reimbursement of benefits received by registered Indians who were at the time entitled to these benefits.

9: I am currently in a contract for education benefits. Will I lose those benefits if I lose my status? Will I have to repay education benefits that I have received?

  • Since you are currently registered as an Indian under the Indian Act, you will retain your access to programs and services until the Indian Registry is amended based on the updated Founding Members list.  This amendment process will commence in early spring of 2018 at which point you will be provided with more information.
    Following your removal from the Indian Registry, if you have a status card, it will be canceled.  You will no longer be able to access services or programs using this card or registration number.
    The Government of Canada will not seek the reimbursement of benefits received by registered Indians who were at the time entitled to these benefits.
    Please note that there are two types of education contracts administered by the Qalipu First Nation, the Post-Secondary Student Support Program (PSSSP) and the Aboriginal Skills Employment and Training Strategy (ASETS).  Students who self-identify as aboriginal may be eligible for ASETS funding. It is not dependent on a status card.
    Please click here to view the timeline on changes to the Indian Registry.

10: Will Qalipu fund the remainder of my education even after I am removed from the Founding Members list?

  • However, while only registered Indians are eligible for the Post-Secondary Student Support Program (PSSSP), any self-identifying Aboriginal person may be eligible for education support through the Aboriginal Skills, Employment and Training Strategy (ASETS).

11: How was my application assessed?

  • Your application to become a Founding Member of the Qalipu Mi’kmaq First Nation has been reviewed by the Enrolment Committee pursuant to the Agreement for the Recognition of the Qalipu Mi’kmaq First Nation (the “Agreement”), the Guidelines contained in the Agreement, the Supplemental Agreement, and Directives to the Enrolment Committee.  These documents can be found at aandc.gc.ca/qalipuor www.qalipu.ca/enrolment

12: Will applicants be able to appeal the decision of the Enrolment Committee? What is the appeal process?

  • If you are entitled to an appeal and your file is found ineligible for Founding Membership, an appeal notice will be included in your decision letter dated January 31, 2017. To initiate an appeal, you will need to complete the Appeal Notice. Please note that no additional documents will be accepted. All appeals will be concluded by fall 2017.
    All appeals will be handled by the Appeal Master who is a neutral and independent party. The Appeal Master will review your entire record and Appeal Notice. They will render a decision that you will receive in the mail.
    You will have 45 days (until March 31, 2017) to initiate an appeal. Retain a copy for your records and return the original to:
    Office of the Appeal Master
    Box 9100
    Winnipeg MB
    R3C 0M9

13: Will I be able to submit additional documents to win my appeal?

  • No additional documents will be accepted. The Appeal Master will base their decision on your applicant record and your Appeal Notice.
    In November 2013, all applicants were provided with an opportunity to submit additional documents to support their self-identification or group acceptance. It was the sole responsibility of the applicant to determine what additional documentation, if any, relating to self-identification and group acceptance they wished to provide in support of their application.

14: If I am not found eligible for Founding Membership in the Qalipu Mi’kmaq First Nation, can I still apply for status under the Indian Act?

  • Children of registered Founding Members will be entitled to registration under the Indian Act. Please note, however, that you cannot become registered under the Indian Act through your bother, sister, aunt, uncle or another relative.
    The application for registration as an Indian must be made under the Indian Act to the Department of Indigenous and Northern Affairs Canada. Information on this process is available on INAC’s website.
    However, you will not become eligible until after the Registrar has implemented the changes in the Registry. This process will commence after the new Founding Members List is approved in the spring of 2018.
    Please click here to view the timeline on changes to the Indian Registry.

15: What is the Supplemental Agreement

  • extended the timelines for review of the applications, and ensured all previously unprocessed applications could be reviewed;
  • ensured that all applications received during all phases of the enrolment process, except those previously rejected, would be assessed or reassessed;
  • provided that all those whose applications that were assessed or reassessed would be sent written notification and will have an opportunity to provide additional documentation, if necessary;
  • provided clarity regarding the assessment of an applicant’s self-identification as a member of the Mi’kmaq Group of Indians of Newfoundland; and
  • provided guidance related to an individual’s acceptance by the Mi’kmaq communities of Newfoundland, particularly as it relates to individuals not residing in the communities of the Mi’kmaq Group of Indians of Newfoundland.

The 2013 Supplemental Agreement did not change the criteria for enrolment as set out in the original 2008 Agreement.

16: Did the enrolment criteria in the 2008 Agreement change?

  • No, the enrolment criteria in section 4.1 of the 2008 Agreement did not change. Rather, the Supplemental Agreement reached between Canada and the FNI included clarification of the requirements for enrolment, additional documentation requirements for applications, and provided an extension of the 2008 Agreement timelines. In addition, under the Supplemental Agreement, all applications submitted since the enrolment process began in December 2008 were reviewed, except for those that had been previously rejected. The 2008 Agreement remains in effect.

17: Why was the Supplemental Agreement needed?

  • The Supplemental Agreement clarified the process for enrolment and resolved issues that emerged in the implementation of the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq First Nation.These issues included the following:
    • Number of applications — It was neither reasonable nor credible to expect that more than 101,000 individuals would become members of the First Nation, particularly given that approximately two-thirds of the applicants did not reside in any of the Mi’kmaq communities targeted for recognition in this initiative, but elsewhere in Canada.
    • Insufficient timelines — As a result of the surge in applications received for membership, it was not possible to review all applications submitted prior to the November 30, 2012 application deadline within the time limits contained in the original agreement.
    • Lack of clarity in guidelines – The original guidelines for the assessment of applications did not provide sufficient clarity and detail to ensure that the original intent of the parties could be reflected.

    The Supplemental Agreement meets the objective shared by Canada and the FNI that all applicants are treated fairly and equitably in accordance with the criteria that the parties originally negotiated to establish eligibility for membership in the Qalipu Mi’kmaq First Nation.

18: What was the “intent” of the original 2008 Agreement?

  • In 2008, Canada and the FNI reached agreement on the creation of the Qalipu Mi’kmaq First Nation. The intent of the 2008 Agreement was to establish a landless band for the Mi’kmaq Group of Indians of Newfoundland which was located on the island of Newfoundland and outlined in Annex B of the 2008 Agreement. The original agreement set in motion an enrolment process that would provide eligible members of the Mi’kmaq of Newfoundland with status under the Indian Act.
    The parties intended that founding membership in the Qalipu Mi’kmaq First Nation would be granted primarily to persons living in or around the Newfoundland Mi`kmaq communities named in the 2008 Agreement. While individuals living outside of these communities could also become members, the intent of the parties was that non-residents would be required to have maintained a strong cultural connection with a Newfoundland Mi’kmaq community, including a sustained and active involvement in the community despite their absence.

19: Who is handling the enrolment file on behalf of the Qalipu Mi’kmaq First Nation?

  • The Chief of the Qalipu Mi’kmaq First Nation is the legal party representing the Federation of Newfoundland Indians in the Agreement that recognizes the Qalipu Mi’kmaq First Nation as an Indian Act Band.  As such, the Chief is the official spokesperson on all matters dealing with enrolment and represents the interests of the First Nation.
    Background note: The Agreement to create the Qalipu Mi’kmaq First Nation as an Indian Act Band was made between the FNI and Canada.  The FNI’s only remaining members are the elected Chief and Council of Qalipu First Nation.  Each member of Qalipu Chief and Council may sit on the Board of Directors for the FNI to represent Qalipu Mi’kmaq First Nation at the table with INAC.  Not all Executive (Vice-Chief’s) and Councilors exercise their right to do so.  The Chief is obligated to sit on the Board of Directors.
    As with any legal agreement, both parties must act within the terms of the Agreement and maintain a level of confidentiality to protect the integrity of the agreement.

20: What is the purpose of Bill C-25, Qalipu Mi’kmaq First Nation Act?

  • The Qalipu Mi’kmaq First Nation Act enables the Governor in Council to amend, according to the recommendations of the Enrolment Committee, the schedule to the Order in Council which lists the Founding Members of the Qalipu Mi’kmaq First Nation. The Act ensures that the objective shared by Canada and the FNI that all applicants are treated fairly and equitably in accordance with the criteria that the parties originally negotiated to establish eligibility for membership in the Qalipu Mi’kmaq First Nation is met and implemented. The Act reflects the original intention of the Federation of Newfoundland Indians and Canada with respect to the creation of a Founding Members list.

21: As a layperson, I do not have a clear understanding of Section 6.1 and 6.2 of the Indian Act. What does it all mean?

  • According to the Indian Act in its present form:
    Upon being registered (or entitled to be registered), Founding Members are considered 6(1)(b)’s under the Indian Act of Canada, which means:
    “6(1)(b) – Persons who are members of groups declared to be new bands by the Governor in Council”
    An individual who has the 6(1)(b) classification does qualify to register their children, however the child’s classification will be 6(2) under the Indian Act of Canada, which means:
    “6(2) – Persons with one Indian parent registered or entitled under a 6(1) provision”
    An individual with 6(2) classification under the Indian Act of Canada will not qualify to register their children due to the Section 6(2) Cut-Off that was introduced in the 1985 Indian Act of Canada:
    “Section 6(2) Cut-Off – The 1985 Indian Act introduced a cut-off in terms of who is entitled to registration.  Persons born to a parent who is registered or entitled to be registered under Section 6(2) are not eligible for registration unless their other parent is also someone who is registered or entitled to be registered under the Act.”
    If however, both parents are registered 6(1)(b) Indians under the Indian Act of Canada (does not necessarily mean parents are registered, or entitled to be registered, with the same Indian Act Band), would allow for their children to be registered as 6(1)(f)’s under the Indian Act of Canada, meaning:
    “6(1)(f) – Persons with two registered (or entitled to be registered) parents”
    Children of a 6(1)(f) parent are eligible to be registered as Status Indians under the Indian Act of Canada.

22: What will the Chief and Council do for Band members that may lose their health benefits? What about our elderly and those in severe financial need?

  • This is one of several issues that have been brought forward by Chief Mitchell in meetings with various levels of government, and the enrolment Implementation Committee.  Lobbying for the care and consideration of persons with difficult circumstances regarding health care will continue to be a primary concern, and will be advocated for, by the Qalipu Chief and Council.

23: I self-identify as a Mi’kmaw person. If I am found ineligible to hold a status card, how will Qalipu Mi’kmaq First Nation include me?

  • Chief and Council have pledged to build an inclusive Nation for the Qalipu Mi’kmaq.  Status cards are not required to participate in Band led teachings, ceremonies or events.  For instance, all people are welcome at powwows, sweat lodges, workshops, and functions of the Band.  Furthermore, Qalipu will review policy on education and employment funding whose guidelines make it possible to financially support any eligible person who self-identifies as Aboriginal.  We will be exploring all possible ways to support Mi’kmaq not registered under the Indian Act.

24: Who can I contact if I have additional questions about my letter?

  • Please call the Indigenous and Northern Affairs Canada (INAC) Qalipu Mi’kmaq First Nation line at 1-800-561-2266.

25: I share the same ancestry as some immediate family members who were granted founding membership, yet my application was rejected by the Enrolment Committee. Why?”

  • Eligibility for Founding Membership is based on more elements than ancestral lineage and each applicant must meet specific criteria (noted below). The criteria established by the Parties was guided by the Supreme Court of Canada’s decision in R. v. Powley where the Court recognized that belonging to an Aboriginal group requires at least three elements: Aboriginal ancestry, self-identification, and acceptance by the group.  The Supreme Court stressed that self-identification and acceptance could not be of recent vintage.  This formed the basis for the eligibility criteria and this is why it is possible that some individuals with the same ancestor(s) as an accepted Founding Member may not receive status.
    Criteria to become a Founding Member:
  • is of Canadian Indian ancestry;
  • is a member of a Newfoundland Pre-Confederation Mi’kmaq Community (or is a descendent of such person);
  • was not registered on the Indian Register on the date of the Recognition Order (September 22, 2011);
  • self-identified as a Member of the Mi’kmaq Group of Indians of Newfoundland on the date of the Recognition Order; and
  • was accepted by the Mi’kmaq Group of Indians of Newfoundland as a member of the Mi’kmaq Group of Indians of Newfoundland on the date of the Recognition Order.
    While individuals may be immediate family members (siblings, parents, etc.), their applications may not have been documented identically as evidence of self-identification and of acceptance by the group will differ from one individual to another. As such, this may have resulted in different decisions rendered amongst family members.

01: Why have I not received a letter?

If your application was previously rejected, you will not receive a letter. If your application was not previously rejected and you have not yet received a letter by November 15, 2013, please call 1-800-561-2266 (TTY: 1-800-465-7735).

 

02: Am I absolutely required to provide additional documentation relating to self-identification and group acceptance in order for my application to be reviewed?

No. Your application will be reviewed whether or not you provide additional documentation.

It is the sole responsibility of the applicant to determine what additional documentation relating to self-identification and group acceptance, if any, he or she wishes to provide in support of his or her application.

 

03: How do I know if I should provide additional documentation relating to self-identification and group acceptance?

Details on providing additional documentation are available in the bulletin: “November 2013 Updated Information for Applicants for Membership in the Qalipu Mi’kMaq First Nation – Requirements for Additional Documentation.”

To help with the decision of whether or not to provide additional documentation, applicants should read the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band, the June 2013 Supplemental Agreement and the June 2013 Directive to the Enrolment Committee.

It is the sole responsibility of the applicant to determine what additional documentation relating to self-identification and group acceptance, may be required and what additional documentation, if any, he or she wishes to provide in support of his or her application.

 

04: Where do I send any additional documentation?

If you wish to provide additional documentation relating to self-identification and group acceptance, it must be postmarked or received by January 31, 2014 at:

Enrolment Committee
c/o Aboriginal Affairs and Northern Development Canada
Box 9100 Winnipeg,
MB R3C 0M9

 

 

05: I don’t know my file number. How can I find this?

Your file number is located at the upper right corner of the letter that was sent to you in November 2013. Please add this number and your name to each piece of additional documentation relating to self-identification and group acceptance you provide in support of your application

 

06: Is the acceptable documentation limited to only the categories of self-identification and group acceptance? For example, can I provide additional information in support of my ancestry?

You can only provide documentation under the categories of self-identification and group acceptance. Information on what types of documentation may be provided is available online in the bulletin: “November 2013 Updated Information for Applicants for Membership in the Qalipu Mi’kMaq First Nation – Requirements for Additional Documentation.”

The 2013 Supplemental Agreement did not address the criteria related to ancestry. Therefore, no new evidence will be considered in that regard.

 

07: I have moved since I applied. What should I do to ensure that I am informed of the new process?

If you have changed your address since you submitted your original application, you can update your contact information by either calling 1-800-561-2266 (TTY: 1-800-465-7735) or sending a signed letter, via facsimile, to 204-984-3032.

For both methods you will need to provide: your full name; date of birth; reference number from Aboriginal Affairs and Northern Development Canada, if available; your previous and new mailing addresses; and the effective date of your address change.

 

08: Are applicants required to provide the original of their long form birth certificates?

No. However, the deadline to provide a copy of the long form birth certificate was September 3, 2013.

 

09: When I submitted my original application, it included my original identification (e.g., passport, birth certificate). When will I get it back?

If you have not yet received your original identification documentation, please call 1-800-561-2266 (TTY: 1-800-465-7735).

Please remember to call 1-800-561-2266 (TTY: 1-800-465-7735) if your mailing address has changed since you initially applied to ensure that your documentation will be sent to the correct address.

 

10: What is a “certified true copy?”

A certified true copy is a copy of a document (usually a photocopy) that has been certified by a Notary Public, Commissioner of Oaths or other officer authorized to take an oath in the jurisdiction.

11: How can I obtain my completed 2006 or earlier census information? Is there a fee?

There is no fee to obtain your 2006 or earlier census information. Details on requesting census information are available on our census FAQs page and from Statistics Canada by one of the means below:

Mail:
Statistics Canada
Census Microfilm and Pension Search Sub-Unit
B1E-34, Jean Talon Building
170 Tunney’s Pasture Driveway Ottawa,
ON K1A 0T6.

Telephone: (613) 951-9483
E-mail: Census_Pension_Search@statcan.gc.ca

 

12: What if I didn’t self-identify on a census form. What should I do?

The census return is not the only way through which applicants can demonstrate self-identification. Further information on the requirements for demonstrating self-identification can be found in the bulletin: “November 2013 Updated Information for Applicants for Membership in the Qalipu Mi’kMaq First Nation – Requirements for Additional Documentation,” and in section 8 of the June 2013 Supplemental Agreement.

 

13: In what circumstance am I required to provide a sworn declaration? Is there a form that I need to do this?

Any new documentary evidence in support of group acceptance by the Qalipu Mi’kmaq Group of Indians of Newfoundland must be supported by a sworn declaration. Information on how to prepare your sworn declaration is available on www.aandc.gc.ca/qalipu or www.qalipu.ca.

It is the sole responsibility of applicants to determine what additional documentation relating to self-identification and group acceptance, if any, they wish to provide.

 

14: I had included affidavits when I originally applied. Do I need to provide two additional affidavits?

Applicants providing new documentary evidence in support of group acceptance must also provide at least two affidavits from residents of the Mi’kmaq Group of Indians of Newfoundland on the island of Newfoundland sworn before a Commissioner of Oaths, Notary Public, or other officer authorized to take oaths in the jurisdiction, which describe in detail the nature and purpose of the visits or communications, and the religious, ceremonial, traditional or cultural activities practised by the applicant in one of the locations of the Mi’kmaq Group of Indians of Newfoundland.

More information may be found in the Directive attached to the 2013 Supplemental Agreement.

 

15: Can I provide affidavits in support of documentary evidence that I had previously submitted?

Yes. In accordance with sections 28 and 29 of the Enrolment Committee Guidelines, you can provide affidavits in support of documents you had previously submitted with respect to the criteria of group acceptance.

 

16: Why is the date of the Recognition Order ( i.e., September 22, 2011, the date when the band was created) being used as the reference date?

Paragraph 4.1(d) of the 2008 Agreement requires that an applicant self-identified and was accepted as a Member of the Mi’kmaq Group of Indians of Newfoundland on the date of the Recognition Order (September 22, 2011). leo.

 

17: What address will be used to determine if I was a resident as of September 22, 2011 (date of the Recognition Order)?

The Enrolment Committee will have regard to the address on your application unless there is other documentation in the file indicating a different place of residence as of September 22, 2011.

 

18: The Enrolment Committee will have regard to the address on your application unless there is other documentation in the file indicating a different place of residence as of September 22, 2011.

Yes. However, the application for registration of your child as an Indian must be made under the Indian Act to the Department of Aboriginal Affairs and Northern Development Canada. Information on this process is available on AANDC’s website.However, note that the entitlement of your child will be reassessed depending on your entitlement, upon completion of the Qalipu Mi’kmaq First Nation enrolment process.

 

19: I had filed an appeal and didn’t receive a decision. Will my application be reassessed?

Yes. If you had an appeal that was not determined (i.e., no decision was made) your application will be reassessed as part of this review. However, if your application was denied on appeal, it will not be reassessed and you cannot reapply.

 

20: I have been a member of the Kitpu Band. Must I provide additional documentation to prove that I was a member?

If you are relying on membership in the Kitpu Band to support either self-identification or group acceptance you must provide documentary evidence of membership in the Kitpu Band prior to June 23, 2008. No membership list was provided by the Kitpu Band and therefore the Enrolment Committee will not be able to verify your membership in that Band without such documentary evidence.

 

21: When will the decision on my application be made?

No late information will be considered.

If you wish to provide any additional documentation relating to self-identification and group acceptance to support your application, it must be postmarked or received by January 31, 2014. Documentation received or postmarked after this date will not be accepted in support of your application.

 

22: When will the decision on my application be made?

Every applicant will be advised of the Enrolment Committee’s determination of his or her eligibility only after the assessments or reassessments of all applications have been completed. In accordance with the Agreement, the Enrolment Committee’s review of applications has been extended until August 31, 2015.

 

23: Will applicants still be able to appeal a decision of the Enrolment Committee?

The function of the Appeal Master will continue. The time limit for submitting an Appeal Notice continues to be 30 days from the date of the mailing of the decision by the Enrolment Committee.

However, if an application is invalid for any of the reasons listed in sections 1 to 7 of the Enrolment Committee Guidelines, or if an applicant who applied after September 22, 2011 does not fulfill the self-identification criterion, then no; such an applicant will not be able to appeal the decision of the Enrolment Committee.

 

24: Is it possible to verify that my name appears on a membership list for one of the Newfoundland Mi’kmaq groups?

Applicants can enquire as to whether their name appears on a membership list for the Federation of Newfoundland Indians, the Ktaqamkuk Mi’kmaq Alliance, the Benoit First Nation or the Sip’kop Mi’kmaq Band by calling 1-800-567-9604.

 

25: I was living in a Mi’kmaq community, as outlined in Annex B of the 2008 Agreement, when I completed my application. I have my Certificate of Indian Status (status card) from Aboriginal Affairs and Northern Development Canada. Do I need to verify my membership by calling 1-800-567-9604 for any reason?

No, if your situation has not changed from when you applied then you do not have to verify your membership because you have met the criteria for membership. You would have met the requirement for self-identification by having signed the application before September 22, 2011. You would also have met the requirement for group acceptance by being a resident of a community listed in Annex B of the Agreement.

However, if you have provided evidence that you moved outside a Mi’kmaq community since you applied, then you are encouraged to check the membership list to assist you with the group acceptance criteria.

 

26: What is the Supplemental Agreement?

The 2013 Supplemental Agreement, which was signed in June 2013, respects the original intent of the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band and resolves a number of issues which had prevented conclusion of the process for enrolment in the First Nation.

Specifically, the Supplemental Agreement:

extends the timelines for review of the applications, ensuring all previously unprocessed applications can be reviewed;

ensures that all applications received during all phases of the enrolment process, except those previously rejected, will be assessed or reassessed;

provides that all those whose applications will be assessed or reassessed will be sent written notification and will have an opportunity to provide additional documentation, if necessary;

provides clarity regarding the assessment of an applicant’s self-identification as a member of the Mi’kmaq Group of Indians of Newfoundland; and

provides guidance related to an individual’s acceptance by the Mi’kmaq communities of Newfoundland, particularly as it relates to individuals not residing in the communities of the Mi’kmaq Group of Indians of Newfoundland.

The 2013 Supplemental Agreement did not change the criteria for enrolment as set out in the original 2008 Agreement.

 

27: Did the enrolment criteria in the 2008 Agreement change?

No, the enrolment criteria in section 4.1 of the 2008 Agreement did not change. Rather, the Supplemental Agreement reached between Canada and the FNI includes clarification of the requirements for enrolment, additional documentation requirements for applications, and an extension of the 2008 Agreement timelines. In addition, under the Supplemental Agreement, all applications submitted since the enrolment process began in December 2008 are being reviewed, except for those that had been previously rejected. The 2008 Agreement remains in effect.

 

28: Why was a Supplemental Agreement needed?

The Supplemental Agreement clarifies the process for enrolment and resolves issues that emerged in the implementation of the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band.

These issues included the following:

Number of applications — It was neither reasonable nor credible to expect that more than 101,000 individuals would become members of the First Nation, particularly given that approximately two-thirds of the applicants did not reside in any of the Mi’kmaq communities targeted for recognition in this initiative, but elsewhere in Canada.

Insufficient timelines — As a result of the surge in applications received for membership, it was not possible to review all applications submitted prior to the November 30, 2012 application deadline within the time limits contained in the original agreement. Page 8 of 10

Lack of clarity in guidelines – The original guidelines for the assessment of applications did not provide sufficient clarity and detail to ensure that the original intent of the parties could be reflected.

The Supplemental Agreement meets the objective shared by Canada and the FNI that all applicants are treated fairly and equitably in accordance with the criteria that the parties originally negotiated to establish eligibility for membership in the Qalipu Mi’kmaq First Nation.

 

29: What was the “intent” of the original 2008 Agreement?

In 2008, Canada and the FNI reached agreement on the creation of the Qalipu Mi’kmaq First Nation. The intent of the 2008 Agreement was to establish a landless band for the Mi’kmaq Group of Indians of Newfoundland which was located on the island of Newfoundland and outlined in Annex B of the 2008 Agreement. The original agreement set in motion an enrolment process that would provide eligible members of the Mi’kmaq of Newfoundland and Labrador with status under the Indian Act.

The parties intended that founding membership in the Qalipu Mi’kmaq First Nation would be granted primarily to persons living in or around the Newfoundland Mi`kmaq communities named in the 2008 Agreement. While individuals living outside of these communities could also become members, the intent of the parties was that non-residents would be required to have maintained a strong cultural connection with a Newfoundland Mi’kmaq community, including a sustained and active involvement in the community despite their absence.

 

30: How many applications were received during the process?

Approximately 26,000 applications were received in the first stage of the enrolment process, which concluded on November 30, 2009.

From November 30, 2009 to September 22, 2011, when the band was created, approximately 4,000 more applications were received.

The number of applications rose sharply following band creation. In the final 14 months of the process, more than 70,000 applications were received, including approximately 46,000 between September and November 2012, bringing the total number of applications to over 101,000.

31: Why are all applications being reviewed? (e.g. including those who are already registered as Indians under the Indian Act)

All applications received in the process, except those previously rejected, are being reviewed in order to treat all applicants fairly and to ensure the integrity of the process for enrolment in the Qalipu Mi’kmaq First Nation.

 

32: What is the file review process?

All applications received during the four-year enrolment process have been transferred to an AANDC processing unit located in Winnipeg, Manitoba.

A dedicated processing team is now reviewing all the applications. This includes digitally scanning the complete application package, including original documents, into the Indian Registry System and verifying that all required documentation was submitted prior to November 30, 2012.

All applicants, except those whose applications were previously rejected, were sent a letter in early November 2013. Where an application is invalid, the letter advises the applicant that his or her application has been denied. Where an application is valid, the letter advises the applicant that he or she has the opportunity to provide additional documentation in support of his or her application relating to self-identification and group acceptance, pursuant to the June 2013 Supplemental Agreement.

 

33: What impact does the Supplemental Agreement have on individuals who are registered as members of the First Nation and as Status Indians?

The review includes applications of those who have gained Indian status as members of the Qalipu Mi’kmaq First Nation.

It is possible that some individuals may lose their Indian status as a result of the reassessment of their application. Those individuals would no longer receive access to programs and services provided to Status Indians.

It is not possible at this time to predict how many applicants may lose or gain Indian status as a result of the assessment or reassessment of applications

 

34: Will individuals currently receiving benefits as Status Indians lose those benefits?

During the review process, there will be no change in Indian status for existing members of the Qalipu Mi’kmaq First Nation. While the process is underway, individuals who are currently registered as an Indian under the Indian Act will retain their entitlement to access programs and services to which they are entitled.

Page 10 of 10 At the end of the review period, all applicants will be informed of their entitlement to membership and Indian status. It is possible that some individuals may lose Indian status as a result of the reassessment of their application. Those individuals would no longer receive access to programs and services provided to Status Indians.

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Eligibility for Founding Membership

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