Reassessment Based on Disability

• The Government of Canada and Federation of Newfoundland Indians are implementing an initiative to accommodate people:
  whose application for founding membership was denied based on the group acceptance criterion (point system);
• who had a disability that significantly restricted or prohibited travel for a substantial portion of the period from 2006 and September 22, 2011
• who were unable, based on their disability to meet the requirements of the point system because of that travel restriction.
  The people affected by this situation received a letter on July 31, 2021, explaining steps to follow to request a reassessment as well as how the enrolment committee will reassess files.

Instructions

The reassessment is based on the following scenarios:

• Scenario A: Your disability significantly restricted or prohibited from travel for much of the period from 2006 to September 22, 2011.
• Scenario B: Your disability required you to move from in or around one of the 67 geographic locations of the Mi’kmaq Group of Indians on the island of Newfoundland to accommodate your disability within the period from 2006 to September 22, 2011.
• Scenario C: Your disability required you to move from elsewhere on the island of Newfoundland to accommodate your disability within the period from 2006 to September 22, 2011.

If one of the above scenarios applies to you and you would like a reassessment, please send us the Disability Declaration form completed by a medical provider and all documentation supporting your request. For details on what documents are required as well as the list of acceptable communities, please visit the instructions page of the Disability Declaration form.

In order for your application to be reassessed, your application must be sent and postmarked no later than September 14, 2021. Any request for reassessment received after the deadline will not be considered by the enrolment committee.

If you have any questions, please call the Government of Canada’s Qalipu Mi’kmaq First Nation toll-free line (1-800-561-2266; TTY: 1-800-465-7735).

Quick link to print the Disability Declaration form: https://www.sac-isc.gc.ca/DAM/DAM-ISC-SAC/DAM-FNDNG/STAGING/texte-text/qalipu-83-181-prt_1627920385741_eng.pdf

Quick link to print the instructions for the Disability Declaration form: https://www.sac-isc.gc.ca/DAM/DAM-ISC-SAC/DAM-FNDNG/STAGING/texte-text/qalipu-83-181-instructions_1627920283451_eng.pdf

“Indigenous Services Canada recognizes and deeply values the meaningful contributions of Indigenous Veterans to the development of Canada and honours the sacrifices they have made in the defence of freedom and the pursuit of world peace. I am pleased to announce that we are ready to move forward with a new agreement for those individuals who were denied founding membership in the Qalipu Mi’kmaq First Nation.”

The Honourable Marc Miller
Minister of Indigenous Services Canada

“I am pleased that the Government of Canada is now moving forward to reassess military personnel, RCMP and veterans of these groups for Founding Membership in Qalipu First Nation. Our protectors and veterans deserve this consideration. This announcement is a positive outcome from exploratory discussions between the Federation of Newfoundland Indians and the Government of Canada, which began in December 2018.”

Brendan Mitchell
President of the Federation of Newfoundland Indians and Chief of the Qalipu Mi’kmaq First Nation

“Progress leading to a new agreement for the reconsideration of founding membership for veterans and active service members in the Qalipu Mi’kmaq First Nation is the positive result of discussions dating back to 2018. I am pleased that all parties have been able to reach a draft agreement to proceed in good faith. This is an important step forward for those who did not reside in one of the Mi’kmaq communities because they were bravely serving Canada.”

Gudie Hutchings
Member of Parliament, Long Range Mountain

• The Qalipu Mi’kmaq First Nation, a landless band, was officially formed by Recognition Order on September 22, 2011.
• The Enrolment Committee (comprised of equal representation from Canada and the Federation of Newfoundland Indians) continued to review applications consistent with the terms of the 2008 agreement. By the application submission deadline of November 30, 2012, 101,000 applications were received.
• All applicants were required to meet four criteria to become founding members: self-identification, group acceptance, being of Canadian Indian ancestry and connection to a pre-Confederation Mi’kmaq community on the island of Newfoundland.
• An Implementation Committee comprised of officials from Canada and the Federation of Newfoundland Indians was formed to deal with matters relating to the implementation of the negotiated agreement(s).
• In 2013, a Supplemental Agreement was signed by the parties to move forward with the assessment of the overwhelming number of applications and to address issues that arose during the implementation of the 2008 agreement.
• In 2018, an updated Founding Members list was approved by the Governor in Council following the reassessment of applications, including those that had been assessed previously.
• In April 2021, a subsequent update to the Founding Members list was approved by the Governor in Council, adding 302 individuals as a result of the implementation of a federal court decision, administrative reviews and the settlement of litigation.
• Individuals who are recognized as Founding Members are subsequently registered as Status Indians under the Indian Act, thus becoming eligible to receive benefits such as those from the Non-Insured Health Benefits Program.

Associated links

• 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band
• 2013 Supplemental Agreement
• Have you applied to join the Qalipu Mi’kmaq First Nation
• Qalipu First Nation

For more information, media may contact:

Adrienne Vaupshas
Press Secretary
Office of the Honourable Marc Miller
Minister of Indigenous Services
adrienne.vaupshas@canada.ca

Media Relations
Indigenous Services Canada
SAC.media.ISC@canada.ca

Stay connected

Join the conversation about Indigenous Peoples in Canada:

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Facebook: @GCIndigenousHealth

Twitter: @Min_IndServ

Letters are being mailed today, January 31^st, 2019 regarding applicant re-assessment on the self-identification criterion of the enrolment process.  Here’s what you need to know:
Wells/Wells Court Case Implications

The Wells’ cases challenged the denial of applications for founding membership in the Qalipu Mi’kmaq First Nation based on the self-identification criterion of the enrolment process.

As a result of the federal courts’ decision on these cases, if you were denied founding membership with the Band in 2017 based on the original self-id criterion you will be sent a letter providing you with the opportunity to submit additional self-identification documents or indicate that you have previously submitted such documents as part of your application.

You will have approximately 100 days from the letters’ date to complete the form sent with the letter, gather self-identification documents if needed and mail the form and documents back to the Enrolment Committee.

For more on the Wells/Wells court cases, please click here

What is a self-identification document?

We encourage you to visit the Indigenous Services Canada Website to find information on what types of documents satisfy the self-identification criterion, and other information about the self-identification reassessment.

If You’ve Moved or Changed Address

INAC cannot reach you with your letter if you’ve moved or changed address but you did not let them know.

Update your address by calling the Government of Canada’s Qalipu Mi’kmaq First Nation line1-800-561-2266.

Alternatively, you can 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 the department, 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
• Your phone number

Any other information you would like to update (e.g. name, gender, marital status, etc.)

New Membership List

We wish to advise our membership that the updated Membership List has now been provided to us by INAC.  There are 22,251 members on this list which reflects the current membership in the Qalipu First Nation.

Removals from Indian Register

On August 31, 2018 individuals who did not meet the criteria for founding membership had their names deleted from the Indian Register.

Of the 10,400 individuals who were removed from the Founding Members list:

• 7,658 individuals have been removed from the Indian Register

If you were removed, a letter from the Indian Register dated August 31, 2018 was sent to you advising of the deletion of your name from the Indian Register, which means:

• You have lost your Indian Status
• You are no longer eligible for services and benefits available to registered Indians
• Your Secure Certificate of Indian Status (SCIS) card is no longer valid

Category Amendments in the Indian Register

2,742 individuals who were notified they were not eligible for Founding Membership have maintained registration via an automatic category amendment if they were card holders with a parent on the updated Founding Members list.   The letter dated August 31, 2018 confirms:

• You have retained your registered Indian Status under a different provision of the Indian Act
• You remain eligible for services and benefits available to registered Indians
• Your Secure Certificate of Indian Status card remains valid

Letters Mailed on August 31, 2018

Letters regarding removals from the register and category amendments were mailed on August 31, 2018.  Individuals who remained on the updated Founding Members List will not receive confirmation in writing of such.

If you do not receive your letter by September 14, please contact the INAC Qalipu line at 1-800-561-2266 and let them know.

Protesting the Decision

If you do not agree with the decision rendered in your letter, you can submit a protest.  Protests must be submitted within three (3) years of the date of your decision letter.  The notice of protest must be submitted in writing to the Indian Registrar:

Protest Unit
Indigenous and Northern Affairs Canada
10, rue Wellington
Gatineau, QC
K1A 0H4

It is the responsibility of the protester to firmly establish the grounds on which their protest is based and must clearly indicate how they believe the Indian Act was misinterpreted, or what evidence they believe the Registrar overlooked in reaching the decision.

The Registrar will not consider protests if there is no clear indication that the registration provisions of the Indian Act were incorrectly applied or interpreted.

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

Address Change-Instructions

If your address has changed, please call the INAC Qalipu 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 registration number or 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 (e.g., name, gender, marital status, typos etc.)

New Members-Additions to the Indian Register

5,096 new Founding Members were added to the Indian Registry.  Letters regarding new membership were mailed on July 31, 2018.

All new members will be added to the ginu membership database in the near future. We will notify you when this has been completed.

Please see below for information on applying for you Secure Certificate of Indian Status.

Children of Founding Members

Children of Founding Members are eligible to apply for Indian Status under the Indian Act.

Please note, if you were registered previously and your parent remains a Founding Member, you will not have to reapply.  You will automatically receive a category amendment and maintain your active Indian Status under a different provision of the Indian Act.  Letters regarding category amendments were mailed on August 31, 2018.

Applying for your Card (Secure Certificate of Indian Status, or SCIS)

The application forms can be found on the INAC website 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, toll free (NL only) 1-855-263-6440

Jody Davis: jdavis@qalipu.ca or call (709) 634-4010

Please Note: We are experiencing a high demand for the application of SCIS cards.  For instance, appointment times in Corner Brook, Stephenville and St. George’s are booked up through September, and we are making appointments for October.

We kindly ask that callers not leave more than one voicemail and be patient as Charmaine and Jody make their way through hundreds of voicemails and return your call.

Remember, you do not need your card to access services and benefits.  Your letter confirming registration can be used for up to 12 months from the date that it was issued.

Electors List

We have used the updated membership list to generate our electors list for the upcoming Qalipu election.  If you are or will be 18 on the date of the election (October 23, 2018), you are a new member, a member who received a category amendment or a continuing Founding Member, you are eligible to vote in the election.

It is possible that some errors could have occurred with a large membership list, and with category amendments.  Please let us know if you feel your name should be on the voters list but isn’t.

We are working on adding Wards to the Electors List so that members can confirm they are listed in the correct Electoral Ward.  If you are not listed in the correct Electoral Ward, we can update that before the election.  We will post the Electors List with Wards added in the near future.

Email the Electoral Officer at election@qalipu.ca

Find the Elector’s List here: https://qalipu.ca/qalipu/wp-content/uploads/2018/08/Voters-List.pdf

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.

2. 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.

3. 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:

• English: http://www.gazette.gc.ca/rp-pr/p1/2018/2018-05-19/html/reg3-eng.html
• French: http://www.gazette.gc.ca/rp-pr/p1/2018/2018-05-19/html/reg3-fra.html

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

4. 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.

5. 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.

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

The updated Founding Members list includes 18,575 people.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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

13. 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.

14. 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.

15. 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:

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

16. 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).

17. 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.

18. 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.

19. 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:
https://qalipu.ca/wellswells-court-ruling-and-next-steps/

20. 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”:
https://qalipu.ca/indemnity-agreement-explained/

21. 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.)

22. 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

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.