Bill C-25 (Historical)

Qalipu Mi'kmaq First Nation Act

An Act respecting the Qalipu Mi'kmaq First Nation Band Order

This enactment grants to the Governor in Council the power to amend the Qalipu Mi’kmaq First Nation Band Order.

Qalipu Mi'kmaq First Nation Act

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I am glad the parliamentary secretary repeated what he said. I did not really have a problem with anything he said.

I am talking about people who over the past five years have received notification that they have membership in the Qalipu Mi'kmaq First Nation. They may have moved to a different community. They may have reasserted their lifestyle as first nations. They may have bought houses or set up businesses. Those are the types of choices that have been made by these 23,800, and they will still be making these choices right up until the time somebody tells them they are no longer members. Until that time, they have to live their lives based on the fact that they have now been taken on as members of a first nation.

Those are the types of liabilities. I do not think the government has a right to take away from individuals the right to sue government for making mistakes that they suffer for directly.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am honoured to rise in the House to speak to Bill C-25, an act respecting the Qalipu Mi'kmaq First Nation Band Order.

We in the NDP are concerned about the indemnification provisions in the bill and whether or not they will deny anyone the right to further action in being recognized as a member of the Qalipu first nation. I would like to refer to the work my colleagues the MPs for St. John's East and St. John's South—Mount Pearl have already undertaken on this important issue. They have raised problems with the original agreement in principle creating a landless Qalipu first nation where children removed from Mi'kmaq families and adopted out would seem to lose all rights to membership under the agreement.

We recognize that the agreement before us is a negotiated agreement with the first nation, but we are concerned that the Conservatives have once again rushed a process and, instead of providing certainty, they have created anxiety and concern among all people applying to be part of the Qalipu Mi'kmaq First Nation.

Since the Indian Act separated first nations into status Indians and those without status, determining the citizenship rights of any person to be part of a first nation has been a highly charged process. We in the NDP are only offering equivocal support to the bill because we have questions about its provisions, and as we know, we will only get those answers from witnesses at committee. We have made it very clear that we are concerned when it comes to two areas in particular. One is the membership criteria and the second is the fairness of the process.

Speaking to those points, I want to refer to some of the coverage that Bill C-25 has received from Mi'kmaq people in Newfoundland itself. I refer specifically to Mr. Hector Pearce of the Mi'kmaq First Nations Assembly of Newfoundland, which has real concerns about Bill C-25. He stated:

We are not shocked but we are very disappointed with the legislation. This government has put up so many roadblocks to this Qalipu registration process that nothing surprises us anymore.

Mr. Pearce goes on not just to express concern but to refer to possible actions that he and the Mi'kmaq First Nations Assembly of Newfoundland will be taking.

What we in the NDP have been saying on Bill C-25, and also on other bills that relate to first nations people, is that it is time for the government to learn from the wrongs of the past and recognize that in negotiating with first nations directly, which is a very important step, we must respect the importance of a fair membership process and a clear understanding that status membership has been an issue that has been very problematic for indigenous people in our country. I know from my constituency, many first nations people are proud of their status in their first nation and of their treaty rights, but they are very concerned about the continued existence of their nation, particularly with respect to how their children and their grandchildren will be considered under the Indian Act. We know that Bill C-31 created significant change. It allowed for fairness by recognizing the children of first nations women who had children with non-indigenous men. However, we know that, as people intermarry and as families grow across the country, there needs to be a continued understanding of Indian status and respect for Indian status of indigenous people coming down the line. This is something that has been raised by first nations leaders across the country.

I recognize that Newfoundland has a very different experience, in terms of its entry into Confederation later on and the recognition of first nations people, and has had a different trajectory from other parts of the country. However, that is no excuse not to learn that first nations must be partners at the table in making sure that something as important as membership, as status in their community, must be front and centre.

I also share the concern around the process. I realize that the Mi'kmaq first nation and its advocates have worked a long time with the federal government to seek recognition. I want to acknowledge that work, because I realize from first nations leaders in my part of the country how important and how tireless that work can be.

There is nothing more frustrating for first nation members, for first nation leaders and advocates, than a process that seems rushed and that seems not to have taken into consideration the kinds of key factors that should have been considered all along. I think of first nations in northern Manitoba that have struggled to ensure that their land claims are recognized and that their children and grandchildren down the line will be recognized as members of that first nation, as I mentioned.

Even though some first nations in my area had great success in having band membership recognized amongst future generations, the federal government has been slow in equipping those members with their treaty cards. I think of the Peguis first nation, the largest first nation in Manitoba. About 1,300 members of the Peguis band are still waiting for their treaty cards from the federal government.

The process matters to all Canadians. For first nations people who have worked far too long on an issue as important as this, it is of the utmost importance.

We have great hopes that this issue will be dealt with fairly in committee and that we will receive the kinds of answers we need, so we can make a decision accordingly. Unfortunately, the Conservative government has a pretty dark history when it comes to shepherding legislation on indigenous issues through committee. We only hope that the Conservatives will take this issue seriously when it gets to committee. We will certainly be doing the very same every step of the way.

[The Deputy Speaker, NDP, Joe Comartin]

The member for Churchill will have 10 minutes when the debate resumes for questions and comments.

It being 1:30 p.m. the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from February 28 consideration of the motion that Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order, be read the second time and referred to a committee.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I would first indicate that I am splitting my time with the member for Sarnia—Lambton, so the House will only have the privilege of hearing me speak for about 10 minutes. Then I will leave the floor for questions and comments.

The bill has been spoken to already. There have been many persuasive arguments to support this important piece of legislation. First and foremost, Bill C-25 would enable the Qalipu Mi'kmaq first nation to finalize its membership list. That process began with the 2008 agreement for the recognition of the Qalipu Mi'kmaq first nation, signed by the Government of Canada and the Federation of Newfoundland Indians, but it has yet to be completed. For reasons other speakers have already explained, and as others will hereafter, the full implementation of that agreement has been delayed.

As the House may know or may have already heard during this debate, the very first stage of that enrolment process ended on November 30, 2009. The first stage resulted in the issuance of the Qalipu Mi'kmaq First Nation Band order on September 22, 2011. As a result, 23,877 individuals were enrolled as the band's founding members. With that they gained Indian status under the Indian Act, giving them access to certain federal programs and services, as they should have.

However, issues with the enrolment process became apparent during the second stage of the enrolment process, which ended on November 30, 2012. Just to remind the House, an additional 36 months were provided under that original 2008 agreement to guarantee that everyone who might be eligible to become a member of Qalipu Mi'kmaq band had ample time to apply.

Much to the surprise of both parties, more than 75,000 additional people took the opportunity to apply for membership, bringing the total number of applications to over 101,000. To put that into perspective, that figure represents about 11% of all registered Indians in Canada, so it is a very significant number. It is also worth noting that over 46,000 applications were sent in during the last three months, the last quarter before that November 30, 2012 deadline.

Concerns were raised by both parties to the agreement that these numbers were possibly not credible and that the integrity of the enrolment process had been undermined. Consequently, the Federation of Newfoundland Indians and the Government of Canada agreed to the need for a supplemental agreement, which was announced in July 2013. The parties were able to use those provisions in the 2008 agreement to amend the original agreement.

The supplemental agreement provides greater clarity surrounding the criteria for band membership. It provides the necessary detail to ensure that the original intent of the 2008 agreement is respected and that the integrity of the process is protected. This is of great concern to the leaders of the Federation of Newfoundland Indians and to our government, as it should be to all members of the House.

To be clear, the enrolment criteria set out in the 2008 agreement remain the same. Nothing has changed with respect to that. The supplemental agreement clarifies how to assess that criteria and which documents may be considered. Anyone wishing to join the first nation needs to prove his or her eligibility for membership. That is the responsible and appropriate thing to do, from the point of view of the Newfoundland first nation and the Government of Canada and all citizens across this great country.

Applicants must provide documentary evidence that they self-identified as being members of a Newfoundland Mi'kmaq group prior to 2008. They also have to demonstrate that they were accepted by the Newfoundland Mi'kmaq group of Indians through their active involvement in Mi'kmaq culture before the first nation was officially formed.

The supplemental agreement also allows more time for the enrolment committee to process the tens of thousands of unexpected applications. That is essential to ensure that everyone who submitted an application is treated fairly and equitably and that there is due consideration given to each application in the process.

This process will ultimately resolve any lingering questions about who is or who is not a member of the band, and it will provide clarity for the entire enrolment process. However, to accomplish this, another step is required, and the fact is that legislation is necessary to enable the Governor in Council to amend the recognition order once the enrolment process under the supplemental agreement is complete.

An amendment to the schedule will be required to add the names of those who are found to be entitled to be members and also to remove the names of those on the list who are determined to be ineligible for membership in the Qalipu Mi'kmaq first nation, according to the criteria.

It is possible that some of those initially deemed to be founding members will no longer be entitled to Indian status, should the current review reveal that they do not meet the enrolment criteria. However, I want to underline that there will be no changes to the schedule until the review process is over. All those currently registered as Indians under the Indian act will continue to have access to designated programs and services until that time.

Despite the steps our government is taking to come to a conclusion on this matter to ensure clarity and fairness for applicants, the members of the Liberal Party thus far have suggested that the agreement with the FNI establishing clear criteria for enrolment in the Qalipu Mi'kmaq first nation stands for nothing, that it is of no account and is not important at all. We believe that it is. It is crucial, and I think that any complacency or lack of regard for integrity is an example of what the Liberal members are doing on this. It is really a matter of putting their own personal interests before the interests of those they claim to represent.

I am sure that all other members of the House can understand that clarity is essential. I think fair-minded people would admit that. It is essential for everyone involved but especially for the Mi'kmaq people of Newfoundland. They want this kind of clarity and integrity.

Yesterday, on the floor of the House of Commons, the member for Skeena—Bulkley Valley, the House leader for the NDP, mistakenly referred to this legislation as a treaty. Maybe it was misspoken on his part or a slip, but I want to make it very clear to the members in this House that this is not about a treaty.

When the member does his homework, he will know that this is about an agreement entered into between Canada and the Federation of Newfoundland Indians. It is the only way to ensure that the original intent of the 2008 agreement is respected and that the supplemental agreement can be implemented. It is vital for ensuring the integrity of the process.

Parliamentarians need to recognize that this can only be accomplished by enacting the piece of legislation before us. It would enable the Governor in Council to make the required amendments to the recognition order. Passage of Bill C-25 is necessary to finalize the membership list of the Qalipu Mi'kmaq first nation. It is the final step in fully implementing these agreements and going on from there.

It is incumbent on members on both sides of this House to ensure that this can take place and that we move on it. I urge all parties to join our government in ensuring the swift passage of Bill C-25 to complete the process for the recognition of the Qalipu Mi'kmaq first nation and its eligible members.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, it is interesting that the government has invoked time allocation on the bill, given the fact that it has only been debated one Friday in the House, and today is the second Friday. Essentially we will have only a couple of hours of debate. As the member for St. John's East ably outlined, we are providing equivocal support for the bill, so it is not clear why the Conservatives had to shut down debate on it.

With regard to clause 4 in the bill, which deals with an indemnity clause, I wonder if the member could outline what he expects this indemnity clause in the bill to cover.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, clause 4 would support the overall integrity and credibility of the membership. I think it is crucial in the enrolment process of the Qalipu Mi'kmaq First Nation. It would ensure that the applicants who are found not to be entitled to registration would not obtain compensation for benefits intended only for registered Indians. They are on the list presently until found otherwise, according to some very clear criteria.

Those benefits would not be clawed back. I think we would all agree that individuals who are rightfully a part of the Qalipu Mi'kmaq first nation will continue to be, but there may be some on that list who are not eligible, according to clear criteria.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, first, I would echo some of my NDP colleague's comments regarding the issue of time allocation. We are also concerned about the way the government is using time allocation almost as a normal procedure in the passage of legislation. In fact, it is not appropriate.

Having said that, I wonder if the member could provide some comment regarding the appeal mechanism, if he is familiar with it. Individual applicants who might be going through the process may feel that they would like to challenge a decision. Could the member provide comment as to what an individual would be able to do in terms of appealing a decision?

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, the legislation would not prevent individuals from appealing the enrolment committee determination, pursuant to the agreement. They would have recourse to the courts and other legal processes. They could challenge through the courts their exclusion from the schedule of the Qalipu Mi'kmaq first nation order. They would be deprived of none of that. They would have full access to any and all of that in terms of appeals they may feel they need to undertake as a result of being excluded from the order.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, there was some confusion between two members of the NDP the last time we debated this issue. The member for St. John's East was very clear that he expected the criteria to apply to all 101,000 applicants, whereas the member for Western Arctic made it clear that he thought the 23,877 members who had already received Indian status should be protected and should not be subject to the same criteria as the others who applied later.

Does the hon. member believe that there should be equality and fairness for all applicants, or does he believe that there should be special status for those who were approved early on in the process?

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, there is no grandfathering. The very clear and careful criteria that have been agreed to and the interpretation of the criteria would apply to all of them. To maintain the integrity of the process, everyone would get the same due process and the same thorough scrutiny.

In terms of procedural fairness, most of us would agree to have the same criteria. Nobody should sneak in under the wire. The criteria should not be applied differently to some who were already on the list. As I said before, there would be no clawing back for people deemed to have been on that list inappropriately. None of the benefits they might have received in the meantime would be taken back from them. They are currently still on the band list.

All of these together would be considered under the same consistent criteria that would be applied to all of them. None would be excluded.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I appreciate the opportunity to express my support for this legislation. I want to use this occasion to underscore that our government and the Federation of Newfoundland Indians are united in the desire to achieve our mutual goal: to enable the Mi’kmaq Group of Indians in the province to build a strong foundation for Mi’kmaq cultural growth and development. This is something we have jointly worked to achieve for a number of years and are determined to bring to fruition. However, it can only be accomplished with the passage of Bill C-25. This is why we hope that all members of the House will stand up for the integrity and credibility of the band, to the exclusion of personal motives, and vote favourably for the expedited passage of the bill.

Unlike the Liberals who would put self-interest ahead of the integrity of the Qalipu Mi'kmaq First Nation, we have made major progress in advancing the shared goal of officially recognizing the Qalipu Mi'kmaq First Nation as a band under the Indian Act. Let me remind the House that it was this government that finally created the first nation, to resolve a court action. We reached an agreement in principle with the Federation of Newfoundland Indians to create the Qalipu Mi'kmaq First Nation in 2007 and signed a final agreement a year later, in 2008.

The 2008 agreement for the recognition of the Qalipu Mi'kmaq First Nation established a process to create a landless band and legally recognize its members as registered Indians under the Indian Act, providing them access to important federal programs and services previously unavailable to them. The order in council creating the Qalipu Mi'kmaq First Nation was signed in September 2011. Both parties in the 2008 agreement intended that founding membership in the band would be granted primarily to individuals living in or around the Newfoundland Mi'kmaq communities named in the 2008 agreement. Of course, it was always understood that some people living outside these communities might become members of the first nation. However, it was also agreed by the signatories of the 2008 agreement that non-residents would be required to have maintained a strong cultural connection with the Newfoundland Mi'kmaq community. This means a sustained and active involvement in the community, despite not having a physical presence.

In the 2008 agreement, the parties agreed to a two-stage enrolment process for founding membership in the new first nation. The first stage, which ended in November 2009, was intended to identify founding members of the band. The second stage provided an additional 36 months to ensure that anyone who might be eligible to join the first nation could still apply and be assessed for membership. This was something both Mi'kmaq leaders and our government felt was fair and reasonable. What was unreasonable, and unexpected, was the approximately 46,000 applications that arrived in the final months of the second stage of the enrolment process. Only 23,450 people self-identified as aboriginal residents of Newfoundland and Labrador in the 2006 census; however, more than 101,000 people had submitted applications to join the band by the time the application process closed on November 30, 2012—which, if accepted, would represent 11% of all registered Indians in Canada.

Not surprisingly, this raised a lot of eyebrows on the part of both the government and the FNI, and questions regarding the integrity and credibility of the enrolment process. A much lower number of applications was expected. No one ever imagined the number would be in excess of 101,000. Clearly, there was a need for greater clarity about who actually qualifies for membership in the Qalipu Mi'kmaq First Nation. This was essential to ensure there could be no misunderstanding about what is required to be eligible to become a member of the band. Only in this way could everyone submitting an application be treated fairly and equitably. Especially important, such clarity is vital to the integrity of the enrolment process. That is why the Federation of Newfoundland Indians and the government jointly agreed to explore improvements to the process. Both parties wanted to be sure that applicants would provide sufficient detail to establish their eligibility for band membership.

They wanted to ensure that the enrolment process reflected the original intention of the parties and provided adequate time for all applications to be carefully reviewed. To accomplish this, the federal government signed a supplementary agreement with the Federation of Newfoundland Indians in June 2013 to resolve issues that emerged in the implementation of the 2008 agreement. This has led to a comprehensive review, currently under way, of all of the applications received from the very start of this process, except those already rejected. The supplemental agreement signed last July does not in any way change the rules of the game. It maintains the original criteria for band membership contained in the 2008 agreement.

Potential applicants must still satisfy four key criteria, which, I want to underline, were negotiated with the Federation of Newfoundland Indians. These criteria were and remain as follows.

First, the individual must be of Canadian Indian ancestry. Second, the individual must be descended from a member of a Newfoundland pre-Confederation Mi'kmaq community. Third, the individual must also have self-identified, prior to the Qalipu Mi'kmaq First Nation's creation, as a member of the Mi'kmaq Group of Indians of Newfoundland.

Fourth, and equally important, the individual must be accepted by the Mi'kmaq Group of Indians of Newfoundland, based on a substantial cultural connection. Acceptance is based on residency in one of the communities listed in the 2008 agreement or through frequent visits or communications with residents and by maintaining the Mi'kmaq way of life.

Both the Federation of Newfoundland Indians and the government believe that this is a fair and reasonable way to assess who is ultimately eligible to be a member of the Qalipu Mi'kmaq First Nation.

There was also full agreement that enough time must be provided for this process to unfold, to give all those with valid applications a fair chance to provide the information required during the review. Only when this comprehensive process is complete can the parties be sure that the names of those who qualify go onto the band's membership list. It is at that stage that Bill C-25 would be required. The legislation is crucial to the implementation of the supplemental agreement. The legislation before us today is the last step required to resolve this long-standing issue, something both the Federation of Newfoundland Indians and members of the government are anxious to do.

Ultimately, the Qalipu Mi'kmaq First Nation act would provide the Governor in Council with the authority to amend the recognition order once the enrolment process resulting from the supplemental agreement is complete. This would allow the Governor in Council to add or remove names from the band membership list. As others have noted, it is possible that after closer examination, someone previously named as a founding member of the band might fail to satisfy the criteria I outlined earlier. Anyone who no longer qualifies for membership would subsequently lose his or her entitlement to Indian status, while those added would gain status under the act. This is only fair.

The House can rest assured that until all of this is sorted out, nothing will change. However, the Qalipu Mi'kmaq First Nation is looking to us, as parliamentarians, to help provide certainty for the future of the band. Let us make sure that the band's membership list is able to be finalized by quickly passing this legislation before us today.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, there is a question that has arisen with respect to resources for membership. We know from Bill C-3, called the McIvor bill, which reinstated membership for a number of people who had been denied membership because of some gender discrimination, that there is a lengthy list of people waiting to get their status cards. This current legislation would increase that list of people waiting for their status card, which also impacts the ability of people to access benefits.

I wonder if the member could comment on whether the government is prepared to put additional resources into processing applications for status.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, the member opposite has spent countless hours working on behalf of first nations and we certainly appreciate what she has done in that regard. Her heart is definitely behind her work and what she has been doing.

This agreement is supported on both sides, by the FNI and by the government. That is extremely important. We must remember that each application for membership in the Qalipu Mi'kmaq is being assessed on its own merits, and that is the way it should be. There is no quota for a maximum number of members who will be registered at the end of the enrolment process, but we need to ensure that all applicants are treated fairly and equitably. All applications, except those that have been previously rejected, will be reviewed.

Bill C-25 addresses technical requirements and provides the Governor in Council with the authority necessary to amend the schedule to the first nation band order. These are things that need to be done and certainty is required. We look forward to moving the bill forward.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to pick up on the member's comments when she said, “Let us pass this bill quickly”. It brings to light a criticism of the government, that is quite legitimate, as to why that is. The government has been very familiar with the issue for months—not weeks, but months—and some might even suggest well over a year.

The Conservatives brought it in for second reading and allocated a couple of hours of debate. I think there is a very good chance it might have passed within that couple of hours without any time allocation, but then they try to give the impression that if we do not pass the bill within their time constraints, the world will come to an end; that it has to happen. They pushed the panic button, they brought in time allocation, and yet if anyone is negligent regarding the timing, one could say it was the government.

Why did it take the government so long to bring the legislation before the House and which now it is declaring is an absolutely urgent piece that requires time allocation. What took the government so long to bring it in?