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The names of the Founding Members will not be published in order to protect the privacy of individuals on the List and to address the recommendations brought forward by the Privacy Commissioner after previous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