This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Bernard Valcourt Conservative
This bill has received Royal Assent and is now law.
This is from the published bill.
This enactment grants to the Governor in Council the power to amend the Qalipu Mi’kmaq First Nation Band Order.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
As far as numbers go, I personally can't give you an answer as to why it's 105,000, but today we're actually speaking about this bill and about how many of those 105,000 are going to be affected by Bill C-25.
Anne Hart Representative, Mi'kmaq First Nations Assembly of Newfoundland
Thank you very much for the opportunity to be here, first of all, and for the invitation to make a submission.
My name is Anne Hart. I am a member of the Qalipu First Nation. I applied for my membership in 2011. I was granted membership and Indian status on January 26, 2012. I've also been a member of the Mi'Kmaq First Nations Assembly of Newfoundland since July 2013.
The Mi'Kmaq First Nations Assembly of Newfoundland opposes the enactment of Bill C-25. While the Conservative government claims that this bill is necessary for the finalization of the Qalipu band list and to ensure the integrity of the band, it is simply a further attempt to treat the Mi'kmaq people of Newfoundland differently from other status Indians in Canada and to shield the federal government and the band from liability for the mismanagement of the band enrolment process.
The assembly was formed in May 2013 as a result of the concerns that applicants and band members had over the handling of the enrolment process and the evaluation of the membership applications. The assembly is a non-profit organization that advocates for the fair and equal treatment of all Newfoundland Mi'kmaq people and for the fair evaluation of all applications for Qalipu band membership.
The assembly has currently a membership of 8,500 people. It consists of three important groups: band members such as myself, who have received their band membership and Indian status; applicants whose applications have not yet been processed to date; and applicants whose applications for their band membership have been rejected.
The history of the struggle of the Newfoundland Mi'kmaq dates back to 1949, when the Premier of Newfoundland stated that there were no Indians in Newfoundland. For decades the Mi'kmaq people of Newfoundland had their existence denied and were prevented from accessing programs and services available to other first nations people in Canada.
In 1989 the Federation of Newfoundland Indians brought an action in Federal Court seeking legal recognition for the Mi'kmaq people in Newfoundland and a declaration that Canada was discriminating against the Mi'kmaq people of Newfoundland. Two further decades of negotiations led to the signing of an agreement with the Federation of Newfoundland Indians to recognize the Mi'kmaq people of Newfoundland and to create the Qalipu band. The agreement was signed in June 2008.
The agreement sets out the eligibility criteria for band membership. An individual is eligible for the enrolment as a founding member of the band if the individual is of Canadian Indian ancestry; was a member of the Newfoundland Mi'kmaq community or a descendant of such a person; self-identified as a Mi'kmaq on the date of recognition order; and is accepted as a member of the Mi'kmaq group of Indians of Newfoundland.
The parties received far more applications than originally anticipated. By the application deadline of November 30, 2012, the enrolment committee had received approximately 105,000 applications. It became clear that the enrolment committee would not be able to evaluate all of these applications during the prescribed time period, and much uncertainty arose as to the outstanding applications. It is important to note that some families had as many as 300 people applying.
In July 2013 a supplementary agreement was entered into between the Federation of Newfoundland Indians and the federal government. The supplementary agreement modified the application of the eligibility criteria in important ways that made it more difficult for applicants to meet the criteria.
The changes contained within the supplementary agreement were not ratified by the membership of the Federation of Newfoundland Indians like the agreement in principle presented in 2008.
This was a hardship for those members who applied after the formal recognition of the band and required the production of extensive additional documentation including proof of frequent visits to the Mi'kmaq communities in Newfoundland, communications with members of the Mi'kmaq group of Indians, telephone records, travel itineraries, and evidence that individuals maintained a Mi'kmaq way of life prior to 2008.
This is what brings us here today to discuss Bill C-25.
First, clause 3 of the bill allows the Governor in Council to amend the Qalipu band order to remove individuals from the band list therefore revoking that individual's membership and Indian status. There is no limitation on the Governor in Council's ability to exercise this power. He is not required to act on the advice of the enrolment committee. This is not acceptable and opens the process to abuse.
Additionally, this process removes the power of the Indian registrar to remove names from the Indian registry which is the process followed by other status Indians in Canada. By removing this power from the registrar, individuals whose names are removed from the Indian registration will not have access to the protest provision in the Indian Act which allows an individual to protest the removal of his or her name from the Indian registry without retaining legal counsel.
Clause 4 is similarly problematic in that it removes the legal right of an individual to sue the federal government, the band, or the council for the wrongs that he or she may have suffered as a result of the mismanagement of the enrolment process.
The provision shields the federal government, the band, and its councils from any liability for gross negligence, for failing to consult, for breaching its duties to the Mi'kmaq people of Newfoundland, and breaching the honour of the crown.
This clause prevents individuals from recovering damages for loss of entitlements, for life decisions made in reliance on their entitlement to band membership and Indian status, as well as any costs associated when preparing their membership application.
Clause 4 represents a denial of fundamental legal rights guaranteed to all citizens of this country. It removes the right of individuals who have suffered harm from suing for damages.
Bill C-25 should not be enacted into law.
The documentation now being requested from applicants in order to substantiate their applications poses impossible hurdles for most applicants. These applicants were not notified in a timely fashion that they would require to keep and produce extensive records to prove their self-identification, community acceptance, and participation in cultural activity. They are now being asked to produced phone records, credit card statements, travel itineraries, application forms, government documents, and records some five years after the fact.
To now shield the federal government, the Qalipu band and its council from any liability for the mismanagement of the Qalipu enrolment process would be a fundamental denial of justice to the applicants and members who may lose their Indian status.
It is the assembly's recommendation that Bill C-25 be opposed and not be enacted into law. Alternatively, clause 3 of the bill should be struck and the normal process under the Indian Act should be used for the removal of names from the Qalipu band list and the Indian register. This will ensure that existing band members have meaningful access to the protest provision in the Indian Act.
As a further alternative, and at a minimum, clause 3 of the bill should be amended to clearly outline the basis on which the Governor in Council may act to remove the name from the Qalipu band list. The wording of this clause should be revised to ensure that the Governor in Council cannot solely make the decision to remove individuals from the list.
Clause 4 should be struck in its entirety. Individuals who have been wronged by the mismanagement of the Qalipu enrolment process should have access to appropriate legal recourse. Alternatively, this clause should be revised to narrow the limitation of liability.
Thank you very much for allowing me to provide this information. I certainly will be open to questions.
The Chair Conservative Chris Warkentin
Colleagues, we'll call this meeting to order.
This is the 18th meeting of the Standing Committee on Aboriginal Affairs and Northern Development. Today we're continuing our study of Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order.
Today we have two representatives from the Mi'Kmaq First Nations Assembly of Newfoundland, Anne Hart and Jamie Lickers.
We want to thank you for coming and for taking the time out of your busy schedules to join us this afternoon to speak on behalf of the assembly.
Ms. Hart, we'll turn it over to you for the first 10 minutes. We'll listen to what you have to say, and then we'll probably have a few questions for you.
Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL
Speaking of scrambling around, the minister keeps distorting a lot of these facts within Bill C-23, and they're quoting you, or partially quoting you, like, for example, what we're witnessing here today. I don't know what province.... I believe there were four provinces that were cited earlier, but I do know...and I've seen this, where vouching does take place in Newfoundland and Labrador.
Nevertheless—I'd love to be proven wrong—I do think that what you have here in the report is something that I think is so egregious by eliminating the entire system of vouching.... Internationally, vouching is also held up in jurisdictions like those in Europe.
Stephen May Solicitor, Qalipu Mi'kmaq First Nation, Federation of Newfoundland Indians
Mr. Chair, I'm actually here on behalf of a request of the Federation of Newfoundland Indians, a party to the agreement with the Government of Canada to establish the Qalipu Mi'kmaq First Nation.
My client asked me to appear as a result of an invitation issued by the committee to provide a representative to speak to Bill C-25, and just as importantly, to speak to the underlying agreement and the activities that have surrounded the agreement and have led to Bill C-25's being introduced in Parliament.
By way of background, the Federation of Newfoundland Indians started as the Native Association of Newfoundland and Labrador in 1971. It changed its name in 1973 to the Federation of Newfoundland Indians to represent Mi'kmaq bands that had established in various communities around the island of Newfoundland. The primary goal of the organization was to achieve recognition of its members for registration under the federal Indian Act.
The negotiations between the Federation of Newfoundland Indians and the Government of Canada towards this goal were first initiated in the late 1970s and resulted in the federal government's agreeing to recognize one of the member bands of the Federation of Newfoundland Indians, that being the Conne River band, as an Indian Act band in 1982, with its ultimate formation in 1984.
However, at that time there was no agreement reached to recognize the remaining federation bands under the Indian Act. While discussions continued between the Government of Canada and the Federation of Newfoundland Indians, they were without any avail and resulted in the federation's commencing litigation against the Government of Canada in 1989 in the Federal Court, the goal being recognition of its members as status Indians under the Indian Act.
I won't go into the details of the litigation or the basis upon which the litigation was commenced, but ultimately, in the early 2000s, the Federation of Newfoundland Indians and the Government of Canada commenced discussions to find means to settle the court case with the result of recognition of federation members as status Indians under the Indian Act.
Those negotiations ultimately resulted in an agreement in 2008 that met this goal. But they also brought into the agreement the fact that other Mi'kmaq organizations on the island of Newfoundland had also commenced litigation or were in the process of commencing litigation. The agreement was negotiated so as to bring the members of those groups under the umbrella of the agreement.
The overall intent was to establish a landless band for the Mi'kmaq group of Indians on the island of Newfoundland. When I say “landless band” I mean a band without a reserve. The agreement does not, in the opinion of the federation, affect potential land claims that the band may have but recognizes that the band would be organized for the provision of benefits that would normally be provided to off-reserve Indians.
The negotiation of the agreement provided a unique opportunity for the Federation of Newfoundland Indians and the Government of Canada to establish a membership for the band based on negotiated criteria. Consistent with the litigation that had been commenced by the Federation of Newfoundland Indians, those criteria for membership came to be based on the criteria of community and the aboriginal community under the decision of the Supreme Court of Canada in the Queen versus Powley.
Those criteria, which are embodied in section 4.1 of the 2008 agreement, required evidence of aboriginal ancestry without regard to a set minimum of blood quantum. There had to be evidence of connection to an ancestral Mi'kmaq community as listed in the agreement, recognizing the fact that these communities had not been recognized for Indian Act purposes when the Province of Newfoundland joined Canada in 1949. There had to be evidence of self-identification as a member of that Mi'kmaq group of Indians on the island of Newfoundland prior to the formation of the band. Furthermore, there had to be evidence of individuals having been accepted as a member of the Mi'kmaq group of Indians on the island of Newfoundland prior to the formation of the band.
Again, these criteria were drawn from the Powley decision. Neither was to be weighted ahead of any other, meaning that all of the criteria were to be considered on their own merits and one was not to determine membership above any other.
Membership in the Mi'kmaq group of Indians for the purposes of self-identification and community acceptance was based on two fundamental principles: residency, if the applicant for membership was living in or around one of the communities listed in the agreement, or frequent visits or communications with resident members of the Mi'kmaq community; and evidence of maintenance of Mi'kmaq culture or way of life. This could include membership in an organization promoting Mi'kmaq interests and the individual's own knowledge of Mi'kmaq customs, traditions and beliefs, and participation in cultural or religious ceremonies or pursuit of traditional activities. The intent was to allow for non-residents to display a level of involvement in the local Mi'kmaq groups that they could be said to be members even though they lived outside those communities.
Ultimately, the band was to be made up of Mi'kmaq with current and substantial connections with the listed communities on the Island of Newfoundland who, based on their residency or level of involvement with the Mi'kmaq group, were in a position to actively contribute to the development of the culture, traditions, and activities of the Mi'kmaq communities throughout the island of Newfoundland.
During the course of the negotiations, it was recognized that the agreement could be applied to more than members of the Federation of Newfoundland Indians which, at the time the agreement was signed, approximated 10,500 members. Nevertheless, the parties did not expect any more than 20,000 applicants. Now there is in excess of 100,000 applicants, the vast majority of whom appear to reside outside the Mi'kmaq communities listed in the agreement.
These numbers raised questions within the Federation of Newfoundland Indians as to whether the agreement had been and would continue to be followed as intended when it was first negotiated. The Federation of Newfoundland Indians, as a party to the agreement, viewed itself as having an obligation to ensure that the criteria for founding membership in the Qalipu Mi’kmaq First Nation had been applied as intended.
As it became clear that under the terms of the original agreement the number of pending applications could not be considered before the process ended, my client wrote the federal minister to request an extension to the agreement, which ultimately led to discussions and an agreement, known as the supplemental agreement, that allowed for all applications that have been filed to be assessed and reassessed to determine whether the criteria for founding membership had been applied as intended by the parties to the 2008 agreement, and to assure the equal application of the criteria in that agreement to all applicants regardless of when they filed.
Ultimately, this assessment and reassessment may result in people who have obtained membership in the Qalipu Mi’kmaq First Nation being determined not to have met the original criteria.
This necessitates, in our understanding, the legislation, Bill C-25, to ensure that the Government of Canada has the authority under the law to remove the name of a person who has been added to the founding membership list but is found to have not met the criteria.
In our view, the legislation gives effect to the intent of the supplemental agreement, and in that respect, Mr. Chair, the Federation of Newfoundland Indians is here to answer any questions arising out of the circumstances leading to the introduction of that legislation.
I'm happy to answer any questions that any members of the committee may have.
Rosane Doré Lefebvre NDP Alfred-Pellan, QC
Thank you, Mr. Chair.
Thank you, Mr. MacKenzie, for appearing before us today to discuss the bill you are sponsoring, Bill C-483. It's good for us to hear what you have to say. I am finding the discussion extremely interesting.
You said you consulted with the staff of the previous public safety minister as well as the staff of the new minister, before introducing your bill. It would seem that you have special access. What a nice way to introduce a bill. At least the department concerned is made aware and you have the benefit of their input, which is all the more informed because you are a government member.
Who did you consult when you decided to introduce Bill C-483? Did you seek the input of other people, experts, in particular?
Ray Boughen Conservative Palliser, SK
When we look at Bill C-25, we see a bill that's technical in nature and seeks to ensure integrity in the enrolment process, which you just talked a little bit about there, of the Qalipu Mi’kmaq First Nation. I understand there's an independent and fair process that all applicants will go through for the determination of eligibility for membership in the first nation.
Can you explain how Bill C-25 will be implemented? Why would the government like to move swiftly on this file for the benefit of the first nation?
Ray Boughen Conservative Palliser, SK
Thank you, Chair.
Let me welcome Minister Valcourt back to our abode here and his officials with him. We look forward to sharing part of this afternoon.
I have a couple of questions, Minister. First of all, our government stands up for Canadian taxpayers. This means we respect the public purse that has been entrusted to us. To that end, when 101,000 applicants were received for membership in the Qalipu Mi’kmaq First Nation, both our government and the FNI recognized that granting all applicants membership was imprudent from both cultural recognition and fiscal standpoints.
Can you please explain how Bill C-25 ensures that those applicants entitled to membership will receive the rights and benefits due to them, while respecting taxpayers' trust in our government? I know you talked about some of this earlier today. Maybe you could just flesh that out a little bit for us.
Bernard Valcourt Conservative Madawaska—Restigouche, NB
Bill C-25 will ensure that the intent of the 2008 and 2013 agreements is reflected by ensuring that those persons having a current and substantial connection to a pre-Confederation Mi'kmaq community as well as a current and substantial connection to the Mi'kmaq group of Indians of Newfoundland become founding members of the first nation as per section 1.13 of the 2008 agreement. Founding membership in the Qalipu Mi'kmaq First Nation was intended, as you mentioned, to be granted primarily to persons living in or around the locations enumerated in the 2008 agreement. It was agreed at the start that persons who did not reside in or around these locations had to have a substantial connection to the Mi'kmaq group of Indians to be eligible to become founding members.
As you know, individuals whose names appear on the founding members list are entitled to registration under the Indian Act. Clause 3 of the bill will enable the removal of individuals from the founding members list, and once an individual's name is removed from the founding members list, the registrar will be able to remove the individual from the register under the Indian Act. This will mean that an individual previously enrolled and registered would lose band membership and Indian status. This ensures that the first nations founding members list will be those who are legitimate Mi'kmaq people entitled to become status Indians under the Indian Act.
Mark Strahl Conservative Chilliwack—Fraser Canyon, BC
Obviously, the Qalipu Mi'kmaq First Nation was established to grant recognition to first nation individuals living in Newfoundland who, due to historical circumstances, hadn't previously been granted that status. I think as the second reading debate showed, there was a general consensus that we want to recognize the Mi'kmaq heritage and culture in Newfoundland. Being recognized as a founding member obviously is something of great importance and pride for the Mi'kmaq people.
One of the other criteria relates to very specifically real and substantive connections or ongoing connections to those communities, to that heritage. Can you elaborate on how Bill C-25 will ensure that the intent of the 2008 and 2013 agreements with the FNI will be reflected in the final version of the founding members list?
Mark Strahl Conservative Chilliwack—Fraser Canyon, BC
Thank you, Minister, for coming here today again. It seems every other meeting we have the minister here to chat with us. It's good to see you again.
During the debate at second reading, we heard numerous times about the need to restore integrity to the enrolment process for the benefit of the Qalipu Mi'kmaq First Nation. As the debate progressed, we kept hearing about, as you've just described, the last-minute rush: 101,000 applications, as opposed to the 10,000 or so that were expected. A figure I remember is that would represent 11% of the total first nations in the country, if we were to take that at face value, so certainly there's a massive influx of applications there.
Obviously, it raised red flags for the Federation of Newfoundland Indians and the government, so something had to be done. I think this bill is what that is.
Can you inform the committee, maybe expand a bit on how Bill C-25 accomplishes the goal of restoring integrity to the selection process for the Qalipu Mi'kmaq First Nation?
Bernard Valcourt ConservativeMinister of Aboriginal Affairs and Northern Development
Thank you, Mr. Chair.
I thank the committee for the opportunity to come before you today to explain how Bill C-25, the Qalipu Mi'kmaq First Nation Act, protects the integrity and credibility of membership in the Qalipu Mi'kmaq First Nation.
As members of the committee will be aware, in 2008, the Government of Canada and the Federation of Newfoundland Indians announced the Agreement for the Recognition of the Qalipu Mi'kmaq Band, which provided for the creation of the Qalipu Mi'kmaq First Nation as a “landless” band. This agreement set out the eligibility criteria and a two-stage enrolment process for membership in the band.
At the end of the first stage, the Qalipu Mi'kmaq First Nation Band Order was issued on September 22, 2011. Pursuant to that process, 23,877 people were registered as founding members of the first nation. This number, although higher than the initial projections of 8,700 to 12,000 individuals, seemed reasonable, as it was not out of line with the results of the 2006 census which revealed that there were approximately 23,450 residents of Newfoundland and Labrador who self-identified as aboriginal.
However, issues with the enrolment process became apparent during the second stage. Remember, we had the first 12-month stage of enrolment. The second stage was a 36-month stage, or three years, during which people could enrol, which was really intended to ensure that all would have ample opportunity to apply and be added to the members list. The second stage ended on November 30, 2012.
As you may know, an unexpected number of individuals submitted applications to join the band during that second phase. As a matter of fact, more than 75,000 additional people submitted applications, bringing the total number of applications for membership in the first nation to more than 101,000. From the outset it was clear that the parties'—and when I say the parties, members have to realize that we're talking about the Federation of Newfoundland Indians and Canada—original intent was that a member of the band would be someone who has a current and substantial connection with the Mi'kmaq group of Indians of Newfoundland as described in section 1.13 of the 2008 agreement.
The supplemental agreement also notes that it was further understood by both the Federation of Newfoundland Indians and the federal government that the agreement would apply primarily to people who live in or around the 67 communities named in the 2008 agreement. This did not mean, however, that non-residents could not also become members. The 2008 agreement specifically provided for individuals who lived outside of these locations to become members if they self-identified as members of the Mi'kmaq group of Indians of Newfoundland and were accepted by the group. However, they would need to have maintained a strong and substantial cultural connection with a Newfoundland Mi'kmaq community.
Now, the vast number of applications from outside of these communities and outside of the province raised significant questions about the credibility of this process. These were concerns that were shared by the first nation, not to mention the practical problems that this situation presented in creating an enormous backlog of applications to be processed and the fact that the deadline for dealing with applications had expired.
Because of such reservations, the federation and the Government of Canada entered into a joint process to address these issues that had arisen during the enrolment process in order to protect the integrity of the enrolment process and the community's reputation. Discussions between the federation and Canada regarding the appropriate implementation of the 2008 agreement led to the signing of this 2013 supplemental agreement this past July.
The supplemental agreement does not change the substance of the original 2008 agreement; that agreement is still fully in effect. Rather, what the supplemental agreement does is it provides clarity to the requirements for enrolment, outlines additional documentation requirements for applications, and provides for an extension of the 2008 agreement timelines.
It is also important for committee members to understand that the criteria for enrolment, as negotiated and agreed to by the parties and set out in section 4.1 of the 2008 agreement, have not changed; the criteria are the same. What the supplemental agreement does is it ensures that only those with a legitimate claim to membership and registration are enrolled to become Qalipu Mi'kmaq First Nation members.
The implementation of the supplemental agreement provides, I suggest, for a fair process that ensures the equitable treatment of all applicants by requiring that all applications submitted since the enrolment process began be renewed so that it is not limited to the second-stage applications but covers both stages.
This brings us to the necessity for the legislation we have before us today. The requirement under the supplemental agreement to review all applications, including those that were found to be eligible under the previous process, means that the Governor in Council may be required to amend the recognition order initially establishing the band. You will remember that after the first stage and the court action that delayed the adoption of the recognition order was done—on September 22, 2011, I think—the recognition order establishing the band was made by the Governor in Council.
More specifically, it means that it is possible that some of the current 23,877 members will have their membership revoked as well as their entitlement to be registered as Indians under the Indian Act.
Because the Governor in Council does not have, as we speak, the express authority to remove names from the schedule to the recognition order, legislation is required to provide the Governor in Council with that authority. This step is therefore required in order to complete the enrolment process.
In addition, clause 4 in the bill provides certainty that no compensation or damages will be paid either by Canada, the first nation or any other party, to those individuals who—at the end of the process—are determined not to be members of the Qalipu Mi'kmaq First Nation.
I know that this clause has been the source of significant debate, and I want to take this opportunity to be very clear that nothing in this bill prevents individuals from appealing the enrolment committee's decision pursuant to the agreement, nor prevents court challenges to the agreement.
Rather, this clause ensures that applicants who are found not to be entitled to registration do not obtain compensation for benefits that are only intended to registered Indians. As you know, the fact of conferring band status and associated membership brings with it a range of important benefits under the Indian Act, such as access to certain federal programs and services for first nation members, and should not be taken lightly.
This legislation will help us ensure that an individual considered for membership fully meets all the conditions required to join Qalipu Mi'kmaq First Nation and at the same time respects our responsibility to taxpayers. It is my hope that as the committee studies the bill, members will recognize both the necessity and merit of the Qalipu Mi'kmaq First Nation Act, and will help to ensure its swift passage.
I would be happy to answer your questions now. If I cannot do so, I am accompanied by two officials, Mr. Andrew Saranchuk and Mr. Martin Reiher, who will help me to reply to your questions if I need to call on them.
Thank you.
The Chair Conservative Chris Warkentin
Colleagues, I'll call this meeting to order. This is the 17th meeting of the Standing Committee on Aboriginal Affairs and Northern Development.
Today we have launched into our study of Bill C-25.
We have the minister with us for the first part of the meeting.
We want to thank you, Minister, for joining us. We're always thankful that you make time to attend our meetings. It seems to be more often than not, so thanks so much for joining us yet again.
We're going to turn it over to you immediately to hear your opening statements. Then we'll follow up with some questions.
For our second witnesses we have representatives from the Federation of Newfoundland Indians. That will be by video conference, colleagues, which is why we're in this room today.
Minister, we'll turn it over to you for your opening statement and then we'll have some questions for you.
David Wilks Conservative Kootenay—Columbia, BC
Mr. Speaker, I am honoured to speak to this important bill today, Bill C-25, which has been brought forward with regard to the Qalipu Mi'kmaq Indians of Newfoundland.
I will outline some important parts of the bill. It is not a large bill, but it has some important facts that have been spoken to here today with regard to fairness and equitable treatment of the Qalipu Mi'kmaq.
On June 23, 2008, the Government of Canada and the Federation of Newfoundland Indians entered into the agreement for the recognition of the Qalipu Mi'kmaq band. On September 22, 2011, the Governor in Council made the Qalipu Mi'kmaq First Nation Band Order, which started a significant move forward with the bill. On June 30, 2013, the parties to the agreement entered into a supplemental agreement to clarify how to apply certain clauses to the June 23, 2008 agreement. There were representatives of both parties and an independent chair, who was jointly selected by both parties.
This allowed us to provide the parties with a new and final founding members list, which will form the basis of the recommendation to the Governor in Council to amend the schedule to the Qalipu Mi'kmaq First Nation Band Order. It is quite important, because it outlines what will happen with this agreement when it moves forward.
I think there is recognition in this House of the importance of the Qalipu Mi'kmaq peoples and how we need to come to a finalization with Bill C-25. I appreciate the opposition's move forward in recognizing this.
Clause 4 of the bill states:
No person or entity has a right to claim or receive any compensation, damage or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, a band, a council of a band or any other person or entity only because any person's name, or any person's date of birth, was omitted or removed from the schedule to the Qalipu Mi'kmaq First Nation Band Order.
That is quite important, because we want to ensure that those who have the right to be on this list can be on it. It is a great opportunity to move forward and for the Qalipu Mi'kmaq people to regain what they so rightfully recognize as important to them.
We should also recognize that clause 3 of the bill states:
The Governor in Council may, by order, amend the Qalipu Mi'kmaq First Nation Band Order, in particular to add the name of a person to, or remove the name of a person from, the schedule to that Order, along with the person's date of birth.
There is a lot of flexibility in the bill to ensure that we recognize the Qalipu Mi'kmaq people.
I look forward to any further questions that may come. I understand, Mr. Speaker, that you want to move forward with interjections. Thank you for allowing me to speak at this time.
Rick Norlock Conservative Northumberland—Quinte West, ON
Mr. Speaker, I am thankful for the opportunity to rise in this House to offer my support for Bill C-25, the Qalipu Mi'kmaq First Nation act.
I will be sharing my time with my good friend and member for Kootenay—Columbia today.
In order to truly understand why this legislation is necessary, I think it is important to have an understanding of the unique circumstances and processes that all parties have gone through in order to bring this bill to this point.
When Newfoundland joined Confederation in 1949, there was no agreement between the new province and Canada on if, how, or when the Indian Act would be applied to the province's Mi'kmaq, who lived primarily on the island of Newfoundland, and the Innu, who lived primarily in Labrador.
From the 1950s to the 1980s, Canada provided ad hoc funding to the province for social and health programs for the aboriginal communities living in that province. Over time, however, both the federal government and the first nation population expressed a desire for a more systemic application of the Indian Act system.
In 1984 the Indian Act was extended to Newfoundland for the first time, to the Mi'kmaq community at Conne River, known as the Miawpukek First Nation. In 2002 it was also extended to Innu bands in Labrador, the Mushuau Innu First Nation and Sheshatshiu Innu First Nation.
Initial efforts to improve relations between Canada and the majority of Mi'kmaq communities on the island of Newfoundland did not result in an agreement. In the late 1980s the Federation of Newfoundland Indians, an organization representing Newfoundland's Mi'kmaq, commenced litigation against Canada, seeking recognition for their members as Indians under the Indian Act and damages and compensation for unpaid benefits.
In 2008 Canada settled the court action through the Agreement for the Recognition of the Qalipu Mi'kmaq First Nation Band, which is the 2008 agreement that established a process to recognize the Mi'kmaq of Newfoundland as a landless band and its members as Indians under the Indian Act.
The intent of the 2008 agreement was to establish a landless band for the Mi'kmaq Group of Indians of Newfoundland. The parties intended that the founding membership of the Qalipu Mi'kmaq First Nation would be granted primarily to persons living in or around the Newfoundland Mi'kmaq communities named in the 2000 agreement. While individuals living outside of these communities could also become members, the intent of the parties was that non-residents would be required to have maintained a strong cultural connection with a Newfoundland Mi'kmaq community, including a sustained and active involvement in the community, despite their absences.
The 2008 agreement provided for a two-stage enrolment process. The first, which ended on November 30, 2009, was intended to identify the founding members. The second provided for a 36-month process to guarantee that all those who were eligible would have an opportunity to apply and be added to the list of founding members.
After the end of the first stage, the Qalipu Mi'kmaq First Nation Band Order, or recognition order, was issued on September 22, 2011. It was this order that established the Qalipu Mi'kmaq band's status as an official first nation.
As a result of the recognition order and three subsequent amendments that were made to this schedule, 23,877 individuals were listed as founding members of the first nation and became entitled to registration as Indians under the Indian Act.
By the time the second stage ended, on November 30, 2012, more than 101,000 applications had been received.
As a result of the large, unanticipated number of applications received—particularly during the last two months of the enrolment process, when over 46,000 applications were received between September 1 and November 30, 2012—both parties agreed to enter into discussions to explore improvements to the enrolment process to ensure that it reflected the original intention of the parties and to provide additional time to ensure that all applications could be reviewed.
Extensive discussions and negotiations between Canada and the Federation of Newfoundland Indians commenced in the fall of 2012 and resulted in the supplemental agreement, which was announced on July 4, 2013.
The supplemental agreement clarifies the process for enrolment and resolves issues that emerged in the implementation of the 2008 agreement, such as the fact that the number of membership applications far exceeded the expectation of both parties, that it was not possible to review all of the applications within the time limits provided in the 2008 agreement, and that the original guidelines for assessment of applications did not provide sufficient clarity and detail to reflect the original intentions of the parties concerned.
The supplemental agreement ensures that the enrolment process is aligned with the original intent of the 2008 agreement. It meets the objective shared by Canada and the Federation of Newfoundland Indians that all applications be treated fairly and equitably and in accordance with the criteria the parties originally negotiated to establish eligibility for membership in the Qalipu Mi'kmaq first nation. It does not change the founding members enrolment criteria set out in the 2008 agreement. Instead, the supplemental agreement provides clarification of the requirements for enrolment, additional documentation requirements for applications, and an extension of the 2008 agreement timelines.
Under the supplemental agreement, all applications submitted since the enrolment process began in December 2008 will be assessed or reassessed by the enrolment committee, except those that had previously been rejected. It is estimated that the review process will take approximately two and a half years. While we recognize that this is a substantial amount of time, it is necessary to ensure that the original intent of the agreement is honoured and that those individuals and only those individuals with Qalipu Mi'kmaq ancestry will be registered.
The requirement under the supplemental agreement to review all applications received, including those found to be eligible under the previous process, means that it is possible that a number of the 23,877 founding members will lose their membership and their entitlement to be registered as Indians under the Indian Act if they do not meet the criteria of the 2008 agreement, as applied in accordance with the original intention of the parties. This means that only individuals with genuine Qalipu Mi'kmaq heritage will be registered as Indians through the process.
This is part of the reason Bill C-25 is so important. It gives the Governor in Council the authority to amend the recognition order so that it accurately reflects those individuals who are rightfully entitled to Indian status and the benefits therein.
Certainty is required to ensure that the supplemental agreement can be implemented and can thereby ensure the integrity of the enrolment process and of the Qalipu Mi'kmaq first nation. This certainly can only be obtained by implementing legislation that would provide the Governor in Council with the appropriate authority to make the required corrections to the recognition order and to ensure that persons who have Qalipu ancestry receive the rights and benefits they are entitled to.
For this reason, I urge all members to support Bill C-25 and impart to all members of the Qalipu Mi'kmaq first nation the status that is rightfully theirs. Legislation is required to provide the Governor in Council with the authority necessary to amend the recognition order, or more specifically, to add names to or remove names of founding members from the schedule to the order after the enrolment process under the supplemental agreement is completed.
An amendment to the schedule to the order in council will be required to add the names of those found to be entitled to be members and to remove the names of those found not to be entitled to be members of the Qalipu Mi'kmaq first nation.