QFN Press Release

Canada Makes Unilateral Decision to Halt Exploratory Discussions

Posted by Qalipu on

On March 29, 2021, after 27 months of discussions, Canada made the unilateral decision to pause further discussions with Qalipu First Nation and abandon joint efforts to address Band membership for former members of the Federation of Newfoundland Indians (FNI) and its affiliates.

In a letter to Band Chief Brendan Mitchell, the Director General of the Individual Affairs Branch notes that, “After much consideration, Canada has decided to pause further discussion of reconsideration options for Founding Membership for individuals who held a membership in the Federation of Newfoundland Indians and their affiliates due to the active litigation on the validity of the 2013 Supplemental Agreement.”

The litigation referred to in the letter dated March 29 was active in November 2018 when exploratory discussions were initiated by Minister Carolyn Bennett and in September 2019 when we received a letter from then MInister of Indigenous Services Seamus O’Regan reaffirming Canada’s commitment to ongoing exploratory discussions. In this context, the explanation provided by the Director General to pause discussions does not make sense.

The discussions, which began in December 2018, focused on addressing outstanding concerns regarding members of the Canadian Armed Forces, Veterans, RCMP and FNI members or members of other Mi’kmaq organizations who were named in the 2008 Agreement and denied Founding Membership.

“These were obvious issues that we could easily agree needed to be remedied” noted Band Chief Brendan Mitchell.  “People who were stationed away from home in service of their country had a hard time demonstrating the community connection for the Group Acceptance criterion.   We also had a glaring issue around members of the FNI.  These were the very people for whom the First Nation was created, the people who voted to ratify the Agreement with Canada that created the Qalipu First Nation.”

Chief Mitchell noted that the First Nation entered discussions in good faith, in the true spirit of Reconciliation, trusting the Government of Canada to follow through with its stated intention from 2018.  The promise was reaffirmed a year later in a letter from Minister Seamus O’Regan, who was then the Minister of Indigenous Services.  This unilateral decision by Canada to pause the discussion is contrary to the concept of our nation-to-nation relationship, that is based on cooperation and partnership which has been asserted by Canada since the outset of this process.

In its letter of response, the Qalipu First Nation strongly urges the Government of Canada to reconsider its decision in view of its inconsistency with past commitments Canada has given to continue discussions.

Band members and FNI and affiliated Mi’kmaq who were denied status, are encouraged to add their voice to the conversation by writing to their local Member of Parliament.

Template letter regarding QFN and Canada discussions re FNI members

 

Contact Information for Newfoundland and Labrador MP’s and Minister of Indigenous Services

MP Gudie Hutchings (Long Range Mountains) gudie.hutchings@parl.gc.ca
MP Scott Simms (Coast of Bays—Central—Notre Dame) scott.simms@parl.gc.ca
MP Churence Rogers (Bonavista—Burin—Trinity) churence.rogers@parl.gc.ca
MP Yvonne Jones (Labrador) yvonne.jones@parl.gc.ca
MP Seamus O’Regan (St. John’s South—Mount Pearl) seamus.oregan@parl.gc.ca
MP Ken McDonald (Avalon) ken.mcdonald@parl.gc.ca
MP Marc Miller (Minister of Indigenous Services) marc.miller@parl.gc.ca

 

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Canada to reassess nearly 58,000 applicants for Founding Membership in the Qalipu Mi’kmaq First Nation and commits to exploratory discussions on membership for veterans, military members, RCMP and FNI members

Posted by Qalipu on

November 15, 2018 — Ottawa, ON — Crown-Indigenous Relations and Northern Affairs Canada

Canada remains committed to renewing the nation-to-nation relationship with Indigenous Peoples based on recognition of rights, respect, cooperation and partnership.

Today, Gudie Hutchings, Member of Parliament for Long Range Mountains and Yvonne Jones, Member of Parliament for Labrador, on behalf of the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, along with Brendan Mitchell, President of the Federation of Newfoundland Indians (FNI) announced the next steps in the implementation of the Wells/Wells decision.

Canada and the FNI will be moving forward with reassessing approximately 58,000 individuals who were denied Founding Membership in the Qalipu Mi’kmaq First Nation. In addition, parties have committed to enter into exploratory discussions to address outstanding concerns regarding members of the Canadian Armed Forces, veterans, RCMP and FNI members or members of other Mi’kmaq organizations who were named in the 2008 agreement and denied Founding Membership. Individuals affected by the exploratory discussions will be contacted once further information becomes available.

The review of the Enrolment Process is a result of the May 8, 2018 Federal Court decision on the David Wells and Sandra Wells case, which deemed the requirement for proof of self-identification to the Mi’kmaq community pre-dating 2008 to be unreasonable and unenforceable. Therefore, these individuals will have the right to request reassessment of their application and to submit additional documentation for the self-identification criterion.

Individuals affected by the Wells decision will be contacted by mail in January 2019 with information on how to submit additional documents to have their application reassessed. Those who wish to have their applications reviewed will be asked to submit the form and documents with a postmark no later than 100 days after receipt of their letter.

Quick Facts on the Wells Decision

  • On May 8, 2018, Federal Court released its decision in the David Wells and Sandra Wells case, stipulating that it was unreasonable to require applicants to provide proof of self-identification to the Mi’kmaq community pre-dating the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band.
  • This decision means that the approximate 58,000 individuals whose application for Founding Membership to the Qalipu Mi’kmaq First Nation was denied based on the self-identification criterion of the Enrolment Process, now have the right to request reassessment of their application and to submit additional documentation.
  • In January 2019 (TBD), the Government of Canada and Federation of Newfoundland Indians will notify the 58,000 applicants eligible for re-assessment as a result of the Wells decision on next steps for the reassessment of their application.
  • Those affected should ensure their mailing address is up to date by contacting the Qalipu toll-free telephone line (1-800-561-2266). Individuals whose mailing address has not changed since their initial application are not required to provide updated information.
  • Additional information on the Qalipu Mi’kmaq First Nation Enrolment Process and the process through which the Wells decision will be implemented can be found online.

Quick Facts on the Exploratory Discussions

  • In the signature of the 2008 and 2013 Agreements and the Indemnity Agreement, the Government of Canada, the Federation of Newfoundland Indians, and the Qalipu Mi’kmaq First Nation all agreed to the eligibility criteria individuals were required to meet in order to register under the Band.
  • In accordance with the 2008 and 2013 Agreements, and with the Enrolment and Appeals Processes, no exemptions or exceptions were granted to Veterans or members of other distinctive groups. However, Canada has heard the concerns regarding Canadian Armed Forces, RCMP, veterans, as well as members of FNI, who believe their applications were unfairly denied and will be entering into discussions with the FNI on this matter.
  • The Government of Canada recognizes and deeply values the meaningful contributions of Indigenous Veterans, RCMP, Canadian Armed Forces and other members of the military, to the development of our nation, and honours the sacrifices they have made in the defense of freedom and the pursuit of world peace.

 

Quotes

“The creation of the Qalipu Mi’kmaq First Nation is an important step towards reconciliation and the recognition of Newfoundland’s Mi’kmaq People. Canada and the Federation of Newfoundland Indians will continue to work in close collaboration throughout the implementation of the Federal Court’s decision, in the spirit of upholding the integrity of founding membership.”

The Honourable Carolyn Bennett, M.D., P.C., M.P.
Minister of Crown-Indigenous Relations

“I encourage all those who are eligible to submit additional documentation regarding the self-id criteria to do so.  Letters will be mailed to impacted individuals in the near future so I encourage you to ensure that your mailing address is up-to-date.  If you’ve moved or changed address, please contact 1-800-561-2266.  Let’s all look out for one another by sharing this news among our communities.”

Brendan Mitchell
President of the Federation of Newfoundland Indians

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

Notice of Referendum Vote to Change the Custom Rules Governing Qalipu Mi’kmaq First Nation Band Elections

Posted by hpot on

Per Section 34 of the Custom Rules Governing Qalipu Mi’kmaq First Nation Band Elections, we wish to advise our members that a referendum vote to amend the Custom Rules will be held on October 23, 2018 at polling locations in each of our nine Wards, and at an advance poll to be held on October 16.  Amendment voting ballots will also be included in mail-out voting packages provided in the 2018 Qalipu general election.

A summary of the proposed changes can be found below in the Q & A

NEW! A full copy of the Custom Rules with amendments is now available to membership please click here to view.

Referendum Vote Q & A

Is Qalipu having a referendum vote to change the way it runs elections?

Yes.  To change the Custom Rules that govern our elections, the Council may direct that a referendum (amendment vote) be held to obtain the consent of membership.

Council has indicated that a referendum will occur in harmony with the 2018 election.  Meaning, with mail-in ballots, at the advance poll, and on polling day, membership will have an additional question included in their ballot package to change the way we administer elections.

The referendum will take place by advance poll on October 16 and at polling stations throughout the nine Wards on October 23, 2018.

Why does Qalipu want to change the way we do elections?

Following the election in 2015, Qalipu realized several issues that need to be resolved to make our elections more effective in the future.

  • Some voters reported arriving at their polling station to find that they had been incorrectly listed in a different voting location.
  • Others found that the distance they had to travel to their designated poll was unreasonable, which is not surprising considering Qalipu is made up of 67 geographically spread out communities in nine different Wards.
  • In some areas where there is a high concentration of voters, some voters were stuck waiting in line for several hours just to cast their vote.
  • Most people agreed that the time frame on returning mail-in ballots was too short. The 2015 election also saw a low voter turnout (approximately 23%) and this is something else that we can do better.
  • The polling station election format is expensive, time consuming and inaccessible.

 So, what election change will voters be asked to decide on?

Membership will be asked whether they are in favour of moving to a mail, telephone and internet voting solution.

What does that mean?

It means that every eligible voter will receive voting details in the mail without having to request it.  Voters will be given a personal identification number to cast their vote using either the internet, wireless devices and mobile or landline telephones.  A helpline would be available for anyone who has trouble with the process, and Qalipu is looking at making several polling stations available regionally to provide in-person support should voters feel they need to vote in person.

Why would we change to this way of voting?

There are many benefits to this voting method:

  • Every eligible voter will be engaged in the election. They will receive a Personal Identification Number and Voter Instruction Letter in the mail via Canada Post.
  • Voters will be given a 5-10-day period to vote from the comfort of their home via the internet, wireless devices OR mobile or landline telephones. Voters may also choose to visit one of several regional polling stations to receive in person voting support.
  • Voters will be provided with the contact number for a Voter HelpLine so that they have someone to contact if they have any trouble casting their vote.
  • Inclusion: ability for everyone to vote regardless of their mobility or location.
  • Automatic: voters will not have to request their ballot. All voters will receive everything they need to vote in the mail through Canada Post.
  • Greater participation: Since every voter will receive their voting details in the mail, and they can vote from the comfort of their own home, we expect a much higher engagement from our membership during election time.
  • Voting is private, secure and anonymous. PIN security and event auditability are paramount in the design and delivery of this voting solution which is delivered by an experienced and trusted company.
  • Financial savings. E-voting will cost less than half of our current method of voting, money that can be put back into community development, and cultural initiatives.
  • Results will be clear and timely.

Can we trust a company to deliver our election?

Intelivote Systems Inc. (ISI), the company with whom we have been working, is a recognized leader in the successful implementation of this type of election.  The company has extensive subject matter expertise in Union voting events, Municipal elections, Aboriginal voting events, Leadership Elections and Association Elections.

All the election services are provided through Intelivote software are secured by encryption, digital certificates and login IDs and passwords.

Voter anonymity, PIN security and event auditability are paramount in the design and delivery of the eVoting solutions they provide.

ISI maintains a hosted data centre environment in Halifax through Bell Canada, which also hosts some of the most sensitive government and financial applications running in Atlantic Canada.

ISI delivers elections with a team of information systems professionals and electronic voting experts.

Who will be eligible to vote to change the Custom Rules Governing Qalipu Mi’kmaq First Nation Band elections?

Only those members 18 years of age or over on the date of the Qalipu election, whether Founding Members on the updated list, former Founding Members who have remained members through a category change or have become members through an application seeking registration under the Indian Act, will be eligible to vote.

An updated Founding Members list has been passed through Order in Council and came into effect on June 25, 2018.   Qalipu expects to have a copy of this list on August 31, 2018.

Won’t the recent court rulings change this?

With the recent court rulings, regarding the right to appeal for applicants denied on the self-identification criterion, for instance, we could see more people added to the Band.   At this time however, we can only work with what’s in front of us.  We expect to have an established Band list by August 31, and this will determine not only who our eligible voters are but also, who can run for Council.

If the membership accepts these proposed changes to the Custom Rules, when will the changes come into effect?

Changes to the Custom Rules would come into effect for the next general election in 2021.