FREQUENTLY ASKED QUESTIONS (FAQS)
Qalipu Mi’kmaq First Nation Band
- Now that an Agreement-in-Principle has been reached, is the plan to create a new band a done deal?
- Who will represent me in the Qalipu Mi’kmaq First Nation Band?
- Will band councils continue to exist if the AIP is ratified and the Qalipu Mi’kmaq First Nations Band is established?
Enrolment process
- What is a Founding Members List?
- Must a certain number of people qualify for membership in the Qalipu Mi’kmaq First Nation Band before it can be formed?
- When does the enrolment process begin?
- Is there a maximum limit to how many members the Qalipu Mi’kmaq First Nation Band can have?
- After the Qalipu Mi’kmaq First Nation Band is formed with its original Founding Members, can other people apply to become Founding Members?
Becoming a member
- How do I become a member of the Qalipu Mi’kmaq First Nation Band?
- Does my FNI membership mean I will automatically be a Qalipu Mi’kmaq First Nation Band member?
- I don’t live in Newfoundland now—can I still become a member of the Qalipu Mi’kmaq First Nation Band?
- Do I need to present proof to the Enrolment Committee if my ancestry has already been documented in an FNI study?
- Do I have to prove beyond a doubt that I am a descendant of an aboriginal person?
- Should my children apply to become Founding Members of the Qalipu Mi’kmaq First Nation Band?
- Is there a minimum Indian blood quantum requirement for Founding Members of the Qalipu Mi’kmaq First Nation Band?
- How can I speed up my application process?
- If the Enrolment Committee denies my application for membership, can I resubmit my application or appeal its decision?
- Will there be anyone to help me complete my application?
- Will I need the Long Form Birth Certificate to trace back to my Mi'kmaq ancestry?
- Will signing the Litigation Release prevent Newfoundland's Mi'kmaq from filing future claims actions against the Government of Canada, such as for land claims and hunting and fishing rights?
- Why sign the Litigation Release?
Aboriginal Rights and Benefits:
- What benefits will I receive as a Qalipu Mi’kmaq First Nation Band member?
- Once recognition is achieved, will an individual be required to pay up-front for dental, pharmaceutical drugs, health equipment and transportation?
- Will there be a cap on dental, pharmaceutical drugs, health equipment and transportation?
- If aboriginal rights and benefits are connected to land ownership throughout Canada, what are the implications for landless band members? How will the Newfoundland aboriginals be treated with equity and equality if they are not entitled to the same basic rights, such as taxation benefits?
- Will signing this current proposal affect documents and agreements previously rendered? Will the federal and provincial governments include a clause to ensure that the people who suffered loss in the past are protected now? How will they do so?
- Within a landless band structure, what are the implications for aboriginal customs and culture? That is, how will this impact the community's ability to exercise cultural practices that rely on the land's use such as hunting and fishing? How will this be the same or different to other aboriginal communities across Canada?
- Are aboriginal land claims or hunting and fishing rights affected by the Agreement-in-Principle?
- Does recognition as a Status Indian give me aboriginal hunting and fishing rights?
- Will hunting and fishing rights and land claims be taken away or established by this agreement?
- Will the AIP prevent us from negotiating land agreements in the future? What clauses are in place to ensure that this can or cannot occur?
Qalipu Mi’kmaq First Nation Band
No. The number of people entitled to become Founding Members in the new band must be equivalent to 50% of the FNI membership before it can be formed.
A band council will govern the Qalipu Mi’kmaq First Nation Band. The FNI board
of directors will act as the band council until the first band council election
occurs, which must be within one year of the band’s formation. The band council
will be made up of a Chief, a western region Vice-chief, a central region Vice-chief,
and nine electoral ward Councilors.
Qalipu Mi’kmaq First Nation Band
members will vote in the electoral ward in which they live when elections are
held. Those living outside an electoral ward will vote in the electoral ward
in which they last lived, or to which they were assigned when they became members
of the Qalipu Mi’kmaq First Nation Band. Thus all Qalipu Mi’kmaq First Nation
Band members will have a place in which to vote.
Qalipu Mi’kmaq First
Nation Band Council elections will be held every three years. Eligible voters
can vote for one electoral ward Councilor, one Vice-chief (for their region),
and the Qalipu Mi’kmaq First Nation Band Chief.
- Will band councils continue to exist if the AIP is ratified and the Qalipu Mi’kmaq First Nations Band is established?
Local band councils are incorporated bodies and can exist and function the same as they are today. Only band council members can decide on this matter.
Enrolment
process
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The Founding Members List will be developed by the Enrolment Committee during the Enrolment Process and will include the names of the people who will form the Qalipu Mi’kmaq First Nations Band – its founding members. It will later be updated to include new members that enrolled during the second phase of the Enrolment Process.
- Must a certain number of people qualify for membership in the Qalipu Mi’kmaq First Nation Band before it can be formed?
The Agreement-in-Principle specifies that the first Founding Members list must have a number of names equivalent to at least 50% of the FNI membership (as of November 30, 2007) before the federal Cabinet will order the formation of the new band.
Now that the Agreement-in-Principle has been ratified by the FNI membership, the next step is for the Minister of Indian Affairs and Northern Development to sign the Agreement, which ratifies it on behalf of Canada. The FNI cannot predict with certainty when the Minister will be able to do this, but we hope it will happen before the summer of 2008, so that the Enrolment Committee can begin work in the fall of 2008.
No. Any Mi’kmaq who wishes to become a member of the Qalipu Mi’kmaq First
Nation Band, and whose application meets the registration criteria, can belong.
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- After the Qalipu Mi’kmaq First Nation Band is formed with its original Founding Members, can other people apply to become Founding 19. Members?
Yes, but for a limited time only. After the Qalipu Mi’kmaq First Nation Band is formed, the Enrolment Committee will continue to consider applications for another three years. At the end of this period, membership will be determined under the Indian Act rules.
Becoming a member
You must apply to the Enrolment Committee to be added to the list of Founding Members. Successful applicants will be those who:
- can prove they are of Canadian Indian ancestry, either by birth or adoption. To do this, all applicants must attach a copy of their Long Form Birth Certificate to their application. You may also be required to show a family tree placing you as a descendant of a person who is identified as an aboriginal person. Documentation to support your family tree should include copies of Long Form Birth Certificates for your ancestors (where available), and also one or more of the following (which would identify your ancestor as an aboriginal person):
- extracts from census records
- historical textbooks and writing
- church or school records
- affidavits based on personal knowledge or Mi’kmaq oral history
Genealogical research conducted for the FNI will be available to the Enrolment Committee to help them identify ancestors who are recognized as aboriginal persons.
- are members (or descendants of a member) of a pre-1949 Newfoundland Mi’kmaq community. Proof can include census records, church or school records, historical textbooks and records, personal papers (such as letters), and deeds or bills of sale showing land ownership.
- are not already registered Indians under the Indian Act.
- declare in writing that they consider themselves Mi’kmaq.
- live in or around a current Newfoundland Mi’kmaq community.
Applicants who do not live in one of these Mi’kmaq communities must show that they often visit or stay in frequent contact with Mi’kmaq who do live in them, and that they try to maintain Mi’kmaq culture and ways of life—evidence of this can include membership in an organization (such as the FNI) that promotes Mi’kmaq interests, or knowledge of or participation in Mi’kmaq ceremonies and traditional activities.
- are alive when the Qalipu Mi’kmaq First Nation Band is formed.
No. Everyone must prepare an application and submit it to the Enrolment Committee. Membership in the FNI (or other organizations that promote Mi’kmaq interests) does help your application, though, as it demonstrates that other Mi’kmaq accept you as a Mi’kmaq person.
- I don’t live in Newfoundland now—can I still become a member of the Qalipu Mi’kmaq First Nation Band?
Yes. Former residents of Newfoundland can become members if they meet the
criteria.
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- Do I need to present proof to the Enrolment Committee if my ancestry has already been documented in an FNI study?
Yes. In considering an application’s support material, the Enrolment Committee must give significant weight to ancestry that has been documented by any FNI sponsored studies. However, you will still be required to fill out an application and to provide a copy of a Long Form Birth Certificate at least for yourself. You may also have to provide Long Form Birth Certificates for your ancestors to establish a genealogical connection to a person recognized in the studies as an aboriginal person or his or her descendant.
No, but the more information you have to prove this, the stronger your application to be included on the Founding Members list—but you are not required to prove it “beyond a doubt.” The Enrolment Committee will be directed to consider whether you are a descendant of an aboriginal person on the balance of probabilities. In other words, the committee must be satisfied that it is “more likely than unlikely” that you are a descendant of such a person.
Yes, your children should apply to become Founding Members. This will ensure that their children can be registered as Status Indians. If your children do not apply to become Founding Members, they can still become registered Indians and members of the new band, but the ability of their children to be registered as Status Indians may be affected if the other parent of their children is not a Status Indian. As children of a Founding Member can be registered as Status Indians under different provisions of the Indian Act, it is strongly recommended that all your descendants born before the second Founding Members list is finalized apply to become Founding Members.
- Is there a minimum Indian blood quantum requirement for Founding Members of the Qalipu Mi’kmaq First Nation Band?
No. The Agreement-in-Principle specifically states that “no minimum blood
quantum requirement” is needed to establish whether you are of Canadian Indian
ancestry. It is sufficient to show that you are a descendant of an aboriginal
person.
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Families may speed up their application process by applying together using the same documentation to support all their applications.
- If the Enrolment Committee denies my application for membership, can I resubmit my application or appeal its decision?
Yes. The Enrolment Committee will give written reasons for an application’s denial and if, based on these reasons, you wish to submit another application you may do so. You can also appeal the decision of the Enrolment Committee to the Appeal Master. The Appeal Master’s decisions will be binding on the Enrolment Committee, unless overturned by a Court decision. Nothing in the Agreement-in-Principle prevents an applicant from challenging a decision of the Appeal Master in Court.
The FNI will hire one Enrolment Clerk in central Newfoundland and two in western Newfoundland. They can advise you about completing your application and, if necessary, recommend further documentation you may need to support it.
A Long Form birth certificate for each individual applicant is a must. However,
it is not necessarily a requirement for proof of Mi’kmaq ancestry.
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- Will signing the Litigation Release prevent Newfoundland's Mi'kmaq from filing future claims actions against the Government of Canada, such as for land claims and hunting and fishing rights?
No, the Release only prevents past, present or future claims against the Government
of Canada for not officially recognizing Newfoundland’s Mi’kmaq under the Indian
Act in the past, prior to a person becoming a member of the Qalipu Mi’kmaq
First Nation Band.
The Release does not prohibit future court actions
if the Government of Canada fails to provide benefits that people would be
entitled to receive as a result of achieving registration and the ratification
of the Qalipu Mi’kmaq First Nation Band.
Aboriginal land claims and rights
to hunting and fishing are not affected by the Release as it will not prevent
claims related to inherent aboriginal rights, any applicable treaty rights,
or other rights protected by the Constitution Act. Aboriginal land claims and
rights to hunting and fishing can still be negotiated separately with Canada
or proven through Court challenges.
This is a requirement of the Government of Canada under the Agreement-in-Principle.
It is required because the Agreement is designed to settle the Court action
and pending Class Action commenced by the FNI that sought recognition of the
eligibility of its membership for registration under the Indian Act. The
Release is sought from each person who seeks to be enrolled under the Indian
Act pursuant to the terms of the settlement
Every person who applies
to enrol as a Founding Member of the Qalipu Mi’kmaq First Nation Band must
give up any personal legal claims against Canada (past, present, or future)
that seek either recognition as an Indian under the Indian Act, or damages
caused by Canada’s past failure to provide benefits comparable to those available
to Indians. The signed Release also requires you to opt out of any class action
suit regarding Canada’s past failure to provide those benefits.
The Release
becomes operative when and if the band is established and you are enrolled
as a Founding Member in the Qalipu Mi’kmaq First Nation Band.
Aboriginal Rights and benefits:
Newfoundland Mi’kmaq who meet the enrolment criteria will gain access to many
federal programs that are dedicated to Status Indians and recognized Inuit,
such as post-secondary education and non-insured health benefits programs.
Collectively, the band will receive stable and predictable funding and programs
will be consistent and more readily available, such as direct core funding
through Indian Government Support programs and economic development funding,
and other programs as they become available.
For decades, the Mi’kmaq
of Newfoundland have struggled to maintain our culture and lifestyle. The ratified
Agreement would support and sustain the important Mi’kmaq culture of Newfoundland
and Canada, building on centuries of history.
- Once recognition is achieved, will an individual be required to pay up-front for dental, pharmaceutical drugs, health equipment and transportation?
Registered status individuals will not have to pay up-front for any of these
costs. All they will be required to do is present their official Indian
Act status card to the appropriate health-care or service provider.
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- 100% of health care prescribed by a physician will be covered.
- Ninety percent of dental costs will be covered.
- If aboriginal rights and benefits are connected to land ownership throughout Canada, what are the implications for landless band members? How will the Newfoundland aboriginals be treated with equity and equality if they are not entitled to the same basic rights, such as taxation benefits?
Aboriginal rights and benefits are not connected to land ownership. Bands or band members do not own reserves. A band and its members may be entitled to use and live on the reserve but the land itself is owned by the Government of Canada.
Tax benefits, such as not paying income tax, only apply
to jobs on a reserve. People who are members of a band but work off-reserve
still have to pay income tax.
Through the AIP, the eligibility for
programs will not be based on who lives on or off a reserve – so that distinction
will not be a factor in determining who will receive program benefits – promoting
greater equality and equity. This will help ensure we are governed in a manner
that does not favour any one constituency, such as those who live on-reserve
over those who live off-reserve, as reportedly happens elsewhere in Canada.
Land claims are not based on land ownership. The Supreme Court of Canada has ruled that aboriginal land rights are based on a community use of the land prior to aboriginal contact with Europeans. Where there was aboriginal use of the land before European contact, then the Government of Canada has to recognize those rights surrounding that use before other interests may make use of the land. The AIP under Clause 2.2 does not prevent such claims being made, and the band or any of its members will be able to pursue these claims in the future.
- Will signing this current proposal affect documents and agreements previously rendered? Will the federal and provincial governments include a clause to ensure that the people who suffered loss in the past are protected now? How will they do so?
The AIP is between the Government of Canada and the FNI only. The provincial government is not a party because the power to recognize aboriginals as Status Indians is within the sole constitutional authority of the Government of Canada. It also is not a party because the AIP seeks to settle the FNI's existing case in the Federal Court of Canada to obtain recognition under the Indian Act for its members. The court case was brought only against the Government of Canada because it has the sole constitutional authority to recognize Mi'kmaq as Status Indians.
Since the AIP only addresses a means to recognize Mi'kmaq as Status Indians, it cannot affect agreements previously made, including previous agreements relating to land. Clause 2.5 states: "Rights, privileges and obligations under this Agreement accrue to the Parties only." This ensures that neither the Government of Canada nor the FNI have the right to affect rights and obligations that individuals, who may be FNI members, have under other agreements, including any that may affect property rights.
- Within a landless band structure, what are the implications for aboriginal customs and culture? That is, how will this impact the community's ability to exercise cultural practices that rely on the land's use such as hunting and fishing? How will this be the same or different to other aboriginal communities across Canada?
The strength of a culture depends on the willingness of people to preserve it by maintaining traditional practices and customs. Nevertheless, there is nothing in the AIP that prevents the band or its members from seeking to assert cultural practices and customs tied to the land. Cultural practices based on land claims or the exercise of hunting and fishing rights are not affected.
Furthermore,
if the AIP is ratified, the Qalipu Band will become one of the largest bands
in Canada, which will increase our influence, regionally, provincially and
nationally. Beyond the economic development programs and community support
programs offered to the band through the Government of Canada, we plan on
accessing cultural funding and potentially developing programs to enhance
Mi'kmaq culture, such as grade school cultural programs and specialized programs
at Wilfred Grenfell.
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No. Aboriginal land claims and rights to hunting and fishing are not affected by this Agreement. They can still be negotiated separately with Canada or proven through Court challenges.
No. Aboriginal hunting and fishing rights are based on different legal principles and are not based solely on being recognized as a Status Indian.
No. Section 2.2 of the AIP states: "nothing in this agreement shall take
away or add to any existing treaty right or aboriginal right of aboriginal
peoples of Canada under section 35 of the constitution Act, 1982."
Aboriginal
hunting and fishing rights are based on different legal principles and are
not based solely on being recognized as a Status Indian.
- Will the AIP prevent us from negotiating land agreements in the future? What clauses are in place to ensure that this can or cannot occur?
Nowhere in the AIP is there a reference to a landless band. While clause 2.6
states that no land will be set aside for a reserve under the Agreement, this
does not mean that the new band or its members cannot assert land claims in
the future, based on separate legal principles. Land claims are not the same
as reserves.
The AIP only deals with the process leading to recognition
of Mi'kmaq as Status Indians. This is due to the fact that the AIP seeks to
settle the FNI's existing court case seeking recognition under the Indian Act
for its members. That case was brought against the Government of Canada because
it has the sole constitutional authority to recognize Mi'kmaq as Status Indians.
That court case did not seek a court ruling on land claims or hunting and fishing
rights.
Since the case and the AIP do not deal with asserting land claims,
Clause 2.2 was added to make it clear that such claims could still be made
once the AIP was signed. The AIP also does not preclude the band from seeking
a reserve from the federal government in the future if that is a priority for
the band.
While reserves are established by treaty or by order of the
federal government, land claims are based on aboriginal historic use of lands.
Where no treaty has been made, as is the case here, land claims based on use
of land prior to aboriginal contact with Europeans can still be asserted. Clause
2.2 protects the rights of the band and its members to make such claims based
on those separate legal principles.
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