For Service Members of the Canadian Armed Forces and of the Royal Canadian Mounted Police
as Founding Members of the Qalipu Mi’kmaq First Nation

Context

The Service Members Agreement (the “Agreement”) was developed by the Government of Canada, Qalipu Mi’kmaq First Nation (“Qalipu”) and the Federation of Newfoundland Indians (“FNI”) to establish the criteria for accepting Service members and former Service members of the Canadian Armed Forces (“CAF”) and the Royal Canadian Mounted Police (“RCMP”) as Qalipu Founding Members based on the special place of honour they hold in the Mi’kmaw culture due to their service as protectors of Canada and their communities. It applies to include individuals who were part of the Enrolment Process between 2008 and 2012 but were denied founding membership based on the group acceptance criterion.

Opportunity

The Agreement applies to applicants who had applied for founding membership under the 2008 Agreement, and who, on September 22, 2011, were or had been:

• Serving or honorably released officers or non-commissioned members of the CAF in the Regular Force or the Primary Reserve who completed basic training; or
• Serving in the Canadian Rangers; or
• Police officers of the RCMP, including special constables and reservists appointed pursuant to the Royal Canadian Mounted Police Act, who had not been dismissed for cause.

Those applicants will be eligible to submit documentation proving their service in order to meet the group acceptance criterion. It is important to understand that applicants will still be required to meet Self-Identification, connection to a pre-confederation Mi’kmaq Community and Canadian Indian Ancestry under the terms of the 2008 Agreement and the Supplemental Agreement.

Ratification

Ratification of the Agreement is required to implement it. This includes a vote of the Qalipu membership whether to accept it.  If the agreement is ratified, individuals will be sent a letter that will provide information on what they will be required to provide to prove their service in the CAF or the RCMP.

Process

Individuals will have 45 days from the date of the letter to submit the required documentation. The only documents accepted will be those proving service in one of the above groups. Applicants may wish to reach out to the CAF or RCMP to obtain supporting documents. The documents sent by the applicants will be shared with the Enrolment Committee for assessment and decision. The decisions will be communicated in Summer 2023 and will provide additional information on the next steps.

Please note that if an applicant’s Ancestry was not assessed previously, it will be reviewed from their original application package.

The Service Members Agreement is an agreement that was developed between the Government of Canada, the Qalipu Mi’kmaq First Nation Band and the Federation of Newfoundland Indians. It provides individuals who were serving or honourably released members of the Canadian Armed Forces (“CAF”) and the Royal Canadian Mounted Police (“RCMP”) on or before September 22, 2011 with an opportunity to be considered for founding membership in the Band.

• In November 2018, the Government of Canada and the Federation of Newfoundland Indians (“FNI”) announced their commitment to enter into exploratory discussions regarding members of the CAF, the RCMP and honourably released members of each (referred to as “Service Members”) Who applied for founding membership but were denied on the basis that they did not meet the group acceptance criterion in sub-paragraph 4.1(d)(ii) of the 2008 Agreement for the Recognition for the Qalipu Mi’kmaq Band.
• Subsequently, the Qalipu Band Council, pursuant to a resolution dated July 2, 2019, supported having applicants under the 2008 Agreement, who were either serving or honourably released members of the CAF or the RCMP on September 22, 2011, the date of creation of the Qalipu Mi’kmaq First Nation, assessed to meet the Group Acceptance Criterion based on the place of honour which they hold in Mi’kmaq society due to their service as protectors of Canada and their communities.  The FNI Board of Directors, pursuant to a resolution dated July 2, 2019, supported the Band Council Resolution.

• Individuals who validly applied for founding membership in the Qalipu Mi’kmaq First Nation between December 1st, 2008 and November 30, 2012;
• They were alive on September 22, 2011;
• They were a Service Member or honourably released Member of the RCMP or CAF, as defined in the Service Members Agreement, on or before September 22, 2011;
• No minimum years of service required but in the case of the CAF, must have completed Basic Training;
• Applicants who were minors in the province in which they resided on the date of application or on September 22, 2011, can fulfill the Group Acceptance Criterion if at least one of their parents has or would have done so.

‘Service Member’ means an Applicant who:

• on September 22, 2011, was a Member of the Canadian Armed Forces;
• on September 22, 2011, was a Member of the RCMP;
• was a Member of the Canadian Armed Forces and received an honorable release from their service in the Canadian Armed Forces prior to September 22, 2011; or
• was a Member of the RCMP and was released from their service in the RCMP prior to September 22, 2011 for a reason other than with cause.

A Member of the Canadian Armed Forces is an officer or non-commissioned member of the Canadian Armed Forces serving in the Regular Force or the Primary Reserve after completing basic training or serving in the Canadian Rangers, pursuant to the National Defence Act and regulations as they read on the date that the Service Members’ Agreement comes into effect.

A Member of the RCMP is a police officer of the Royal Canadian Mounted Police, including a special constable and a reservist appointed pursuant to the Royal Canadian Mounted Police Act as it read on the date that the Service Members’ Agreement comes into effect.

• Civilian employees in the CAF and RCMP;
• CAF Cadets;
• Spouses of serving and honourably released CAF and RCMP members;
• Individuals who did not apply for founding membership during the Enrolment Process; and
• Individuals who applied for founding membership during the Enrolment Process but did not or do not meet the founding membership criteria for self-identification, connection to a
  Pre-Confederation Mi’kmaq community or ancestry.

• A call out letter is expected to be mailed in January 2023.
• A 45-day response period will be provided to submit documents required to prove service in the CAF or the RCMP.
• The files of those who chose to respond will be sent to the Enrolment Committee to be assessed.

• The Service Members’ Agreement will be put forward for ratification by the Qalipu Mi’kmaq First Nation Band membership in Fall 2022.
• Should the vote for ratification pass, the agreement must then be signed by the Parties.
• A call out letter will then be mailed to all those who were denied under the group acceptance criterion during the Enrolment Process.
• The mail out is expected to take place in January 2023.
• The timeframe for review is dependent on the number of responses received.
• The goal will be to have decisions on all submissions communicated in Spring 2023.

• If the Service Members Agreement is ratified and fully executed, applicants who are members of the class in the class proceeding certified before the Federal Court entitled Collins v. The Attorney General of Canada and the Federation of Newfoundland Indians and bearing Court File No. T-2044-19 (the “Class Action”) can continue participating in the Class Action, subject to the terms of the Acknowledgment and Released referenced in Chapter 6 of the Service Members’ Agreement.
• Specifically, the Acknowledgement and Release will require applicants who are members of the Class Action to acknowledge that any damages, expenses, and/or losses, incurred or being incurred, that they can claim as members in the Class Action, cease to accrue as of the date they become Founding Member of the Band.
• The Acknowledgement and Release will only come into effect as of the date the federal Cabinet passes an Order-in-Council to add the names of applicants who were successful under the Service Members’ Agreement, to the Founding Member list of the Qalipu Mi’kmaq First Nation.

• If the Service Members Agreement is ratified and fully executed, the Acknowledgement and Release shall require applicants who are not members of the Class Action to release all causes of action, claims, and demands relating to the Applicant seeking recognition as an Indian under the Indian Act. This includes Indian Act recognition through and/or in relation to the enrollment process for Founding Membership in Qalipu as outlined in the 2008 Agreement and the Supplemental Agreement.
• The Acknowledgement and Release will only come into effect as of the date the federal Cabinet passes an Order-in-Council to add the names of applicants who were successful under the Service Members’ Agreement, to the Founding Member list of the Qalipu Mi’kmaq First Nation.

A service members agreement was developed by the Government of Canada, Qalipu Mi’kmaq First Nation and the Federation of Newfoundland Indians to establish criteria for accepting former and current members of the CAF and the RCMP as Qalipu founding members based on the special place of honour they hold in the Mi’kmaw culture due to their service as protectors of Canada and their communities. The agreement applies to persons who were part of the enrolment process between 2008 and 2012 but were denied founding membership based on the group acceptance criterion.

Opportunity
The agreement applies to persons who had founding membership under the 2008 agreement and who, on September 22, 2011, were or had been:

• officers or non-commissioned members of the CAF serving in the Regular Force or the Primary Reserve after completing basic training, including those honourably released

or

• serving in the Canadian Rangers, including those honourably released

or

• police officers of the RCMP, including special constables and reservists appointed pursuant to the Royal Canadian Mounted Police Act, excluding those dismissed with cause

and

• applicants for founding membership under the 2008 agreement

Those persons became eligible to submit documentation proving their service so as to meet the group acceptance criterion. Applicants still needed to meet the self-identification criterion, the connection to a pre-Confederation Mi’kmaq community criterion and the Canadian Indian ancestry criterion, as set out in the 2008 agreement and the supplemental agreement.

Process
Persons denied under the group acceptance criterion received a letter in January 2023. They had 45 days from the date of the letter to provide the required documents. The only documents accepted will be those proving service in one of the groups listed under Opportunity.

Decisions will be communicated in the summer of 2023 (this may be delayed due to the federal employee strike) and will provide information on the next steps.

Note that if an applicant’s Canadian Indian ancestry was not assessed previously, it will be reviewed from their original application package.

Discussions began November 2018  between Canada and the FNI.

Individuals concerned were those who were part of the Enrolment Process but denied founding membership because they did not provide sufficient proof that they met the group acceptance criterion.

In July 2019, the Qalipu Band Council submitted a Band Council Resolution supported by the FNI’s Board of Directors:

-Applicants under the 2008 Agreement who were either serving or former members of the CAF or the RCMP on September 22, 2011, could be found to meet the Group Acceptance Criterion -based on their service as protectors of Canada and their communities.

Those who:

• Had a valid application for founding membership in the Qalipu Mi’kmaq First Nation between December 1st, 2008, and November 30, 2012.
• Were alive on September 22, 2011 (date of Recognition Order).
• Were a Service Member of the CAF or RCMP, as defined in the Service Members Agreement, on or before September 22, 2011 (date of the Recognition Order).

* In the case of CAF, you must have completed Basic Training.

*Were minors in the province in which they resided on the date of application or on September 22, 2011, are considered to have fulfilled the Group Acceptance Criterion if at least one of their parents does.

• Civilian employees in the CAF and RCMP;
• CAF Cadets;
• Spouses of serving and former CAF and RCMP members;
• Individuals who did not apply for founding membership during the Enrolment Process

• The specific group of Individuals describe in the question 8
• The persons who were denied on the group acceptance criterion
• The persons who may be registered 6(2) but who were denied on the group acceptance. If approved, the persons could be registered 6(1)(b)

It may be because you changed address but did not update it with Indigenous Services Canada.
Please contact the Indigenous Services Canada Qalipu phone line at 1-800-561-2266 to explain the situation and request your letter.

When you request an address update, the call-centre agent will create a “ticket” and record the request in a log. An Intake Officer will make the change in the Indian Registration System and verify that you were denied on the group acceptance criterion (letters are being sent to applicants denied on the group acceptance criterion only). If this is the case, a letter will be issued to you and the deadline will be adjusted to allow you additional time to respond.

• Those who were denied under self-id or ancestry.
• Those who never applied by the deadline.

• The call-out letter includes a Declaration Form and an Acknowledgement & Release Form
• You have 45 days to provide a signed Declaration Form and Acknowledgement & Release Form and provide your proof of service.
• This must be postmarked no later than March 17, 2023.
• Your documentation will be given to the Enrolment Committee for review.

Decisions on all submissions will be communicated in Spring 2023

• The documentation to demonstrate group acceptance under the terms of the new agreement, establishing that you became a member of the CAF or the RCMP on or before September 22, 2011 (date of the formation of the Qalipu Mi’kmaq Band);
• If you were no longer a member of the CAF or the RCMP on September 22, 2011, you must provide
  • the date your service ceased
• the reason for the cessation of your service for example, voluntary or compulsory retirement or release, disability

Canadian Forces Release Certificate (detailing the Category for Release)

• Military Personnel Document for active CAF members only)
• Identification Card issued by the Canadian Armed Forces
• Veterans Service Card (for former CAF members )
• Certificate of Service (for former CAF members )
• Service Number (for former and current members of the CAF and RCMP)
• Statement of Employment issued by RCMP (indicating date of service began and (if applicable) reason for and date of service cessation)
• Service Card issued by the RCMP indicating date service began
• Other documents that include the department of Service, dates of service and, if applicable, reason for release  (To be determined  by the Implementation Committee for its determination on acceptability)
• If you’ve reached out to either the CAF or the RCMP and are waiting for documentation to be sent to you, you must advise the Enrolment Committee before March 17, 2023 by providing a certified true copy of the email you submitted to not be penalized.

All documents must be certified true copies.

• It is the responsibility of the applicant to have the documents certified.
• We encourage you to send as many documents as possible.

A certified true copy is a photocopy of a document, judgment or record that is signed and attested to as an accurate and complete reproduction of the original document by a notary public, commissioner of oaths or any other public official authorized to accept affirmation or oaths in the province, state, or country in which you live.

It is the responsibility of the applicant to have the documents certified.

Please contact either the CAF or RCMP directly:

Canadian Armed Forces: https://veterans-service-card.canada.ca/en/cu-cu/ OR VSCQuestions.EnquetesCSAC@forces.gc.ca

Royal Canadian Mounted Police: RCMP.RetiredID-IDRetraite.GRC@rcmp-grc.gc.ca

If you’ve reached out to either the CAF or the RCMP and are waiting for documentation to be sent to you, you must advise the Enrolment Committee before March 17, 2023 by providing a certified true copy of the email you submitted to not be penalized.

• All documents must be certified true copies.
• It is the responsibility of the applicant to have the documents certified.

• complete the Declaration Form
• sign the Declaration Form at Part 4 and the Acknowledgement and Release form
• provide certified true copies of acceptable documentation you have to prove that you were a Service Member of the CAF or the RCMP on or before September 22, 2011
• send the documents to

Enrolment Committee
Indigenous Services Canada
Box 9100
Winnipeg MB  R3C 0M9

Your response must be postmarked no later than March 17, 2023. After this date, your application will be not considered by the EC or the Appeal Master.

Your response must be postmarked no later than March 17, 2023. After this date, your application will be not considered r by the Enrolment Committee or the Appeal Master.

If you’ve reached out to either the CAF or the RCMP and are waiting for documentation to be sent to you, you must advise the Enrolment Committee before March 17, 2023 by providing a certified true copy of the email you submitted to not be penalized.