Qalipu Mi'kmaq First Nation Act

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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Bernard Valcourt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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.

Votes

March 6, 2014 Passed That, in relation to Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:25 a.m.
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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Mr. Speaker, certainly we need to move forward with the bill, and swiftly. We have had years of discussions with the FNI regarding its aspirations for the recognition of the Mi'kmaq of the island of Newfoundland.

The parties to the agreements want to move as quickly as possible to, once and for, all complete the membership enrolment for the Qalipu Mi'kmaq, and the bill, being the last piece required to resolve this issue of the recognition, is something that both the Federation of Newfoundland Indians and the Government of Canada are anxious to do and to see it move forward.

We have to remember that Bill C-25 reflects the original intent of the parties as it was outlined in the 2008 agreement for the recognition of the Qalipu Mi'kmaq Band, and it supports the implementation of the 2013 supplemental agreement.

There is no reason not to move forward quickly, and we are moving ahead with this legislation now, making sure that all applicants are treated fairly and equitably during the review process. We want to make sure that everything is in place to act swiftly as soon as that enrolment committee makes the recommendation for the founding members list.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:30 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am pleased to rise today to speak to Bill C-25, an act respecting the Qalipu Mi'kmaq First Nation Band order. This legislation is a technical piece of legislation. It is comprised of a lengthy preamble, but the bill consists of only four clauses, and only clauses 3 and 4 are at the heart of the matter.

As has been indicated in the House, the NDP is prepared to support this bill going to committee for further review and study, so it is troubling that we once again saw time allocation on a matter that did not appear to require it. It would seem, from what members in the House have said, that all members are anxious to get this bill to committee for study. Therefore, we question what the government's motives were in arbitrarily shutting down debate for no good reason.

With regard to the bill, I want to touch on clauses 3 and 4. Clause 4 is the clause that allows the Governor in Council the power to amend the Qalipu Mi'kmaq First Nation Band order. This is important because this is the founding list of the band. While the minister has the power to recognize a group of people as a band under section 2 of the Indian Act, Aboriginal Affairs and Northern Development Canada felt that it needed legislation to amend the founding list. It is not explicit in the Indian Act that the minister can add or remove people from a band once it is recognized, and I will come back to this point a little further in my speech.

The bill that is before the House does not alter the membership criteria. I know there are some concerns being expressed with regard to the membership criteria, but that is outside the scope of this legislation before the House. If people have concerns about the membership criteria, they need to work with the enrolment committee, the government, and the Federation of Newfoundland Indians in order to examine the membership criteria. That is absolutely outside the scope of this bill.

Clause 4 of the bill takes away the right to seek compensation from either the government or the band council, if one's name or date of birth is omitted or removed from the founding members list. People can still sue the government, but cannot make a claim for services or benefits not received because their names were not on the membership list at a certain time. People currently receiving benefits because they were enrolled before they were advised of the agreement in July 2013 will continue to receive benefits. If at some time their memberships are revoked, they will not have to pay back the benefits they have received to that point. That is New Democrats' understanding of the legislation, and that is why we want it to go to committee, so we can hear from independent witnesses about whether that interpretation of the legislation is the correct one.

I want to provide a little background. It is not a normal course of events to have a landless band being established. According to the department's briefing documents, in 1949, when Newfoundland joined Confederation, its first nations were not recognized as Indians under the Indian Act. In 1989, the Federation of Newfoundland Indians brought a lawsuit against Canada seeking Indian Act recognition. Finally, in 2007, the government settled this court action, and this led to the 2008 agreement for the recognition of the Qalipu Mi'kmaq band of Newfoundland as a landless band under the Indian Act. In this case, we are not talking about a treaty or self-government; it is a landless band. This provides for an enrolment process to assess applications for membership in the new band.

As other members have pointed out, based on the membership criteria as outlined in the agreement, there was an expectation of how many people would be applying for membership. Because there was some ambiguity around the process, it resulted in far more applications than anticipated. These applications are assessed by an arm's-length enrolment committee, comprised of two representatives from Canada, two from the Federation of Newfoundland Indians, and an independent chair who is chosen by the parties.

As I mentioned, because of the very unexpected spike in applications, some questions emerged with regard to the integrity of the enrolment process. Canada and the Federation of Newfoundland Indians entered into discussions to examine this issue in the autumn of 2012. In July 2013, the Government of Canada and the Federation of Newfoundland Indians announced the supplemental agreement that treats all applicants fairly and equitably and ensures the integrity of the enrolment process.

I want to touch on a couple of matters with regard to membership. Again, this is at the heart of some of the dissatisfaction with how this process has unrolled. I want to come back to some essential facts around self-determination and membership. I want to turn to the United Nations Declaration on the Rights of Indigenous People. In article 3, it says:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Then, in article 33, it says:

Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

I think that is an important point. The membership criteria was originally negotiated with the Federation of Newfoundland Indians and had a very high acceptance rate for that original agreement in 2008 and the subsequent criteria that was outlined.

I want to touch a bit on the larger issue around self-determination and membership because I am sure it informed the process here.

The International Work Group for Indigenous Affairs put together an article called “Who are the indigenous peoples?” There are two pieces in this that are relevant. One is self-determination:

Today, many indigenous peoples are still excluded from society and deprived of their rights as equal citizens of a state. Nevertheless they are determined to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity, insisting on their right to self-determination.

The other is self-identification:

Self-identification as an indigenous individual and acceptance as such by the group is an essential component of indigenous peoples’ sense of identity. Their continued existence as peoples is closely connected to their possibility to influence their own fate and to live in accordance with their own cultural patterns, social institutions and legal systems.

It goes on in the article to talk about the approach of the International Labour Organization, ILO, Convention no. 169.

The ILO Convention no. 169 states that a people are considered indigenous either:

because they are descendants of those who lived in the area before colonization; or

because they have maintained their own social, economic, cultural and political institutions since colonization and the establishment of new states.

Furthermore, the ILO Convention 169 says that self-identification is crucial for indigenous peoples. This criterion has for example been applied in a land-claims agreement between the Canadian government and the Inuit of the Northwest Territories.

When we come to the supplemental agreement, which leads us to clause 3 in this bill, it is the agreement that arose in 2013 because of some questions around the integrity of the enrolment process.

This supplemental agreement comes back to what I was just speaking about in terms of self-determination and self-identification. Some have argued that simple self-identification is sufficient to say that one is a member of the Qalipu Mi'kmaq. However, the supplemental agreement clarified and gave some background as to how the Federation of Newfoundland Indians negotiated the terms of membership, which relates to clause 3 about whether, as part of the Governor in Council, they are considered part of the foundation band members or are removed from the list.

Under section 8 in the supplemental agreement, it says the following:

Self-identification as a Member of the Mi’kmaq Group of Indians of Newfoundland.

In making the Agreement, the Parties were guided by the Supreme Court of Canada’s decision in R. v. Powley where the Court recognized that belonging to an Aboriginal group requires at least three elements: Aboriginal ancestry, self-identification and acceptance by the group. The Supreme Court stressed that self-identification and acceptance could not be of recent vintage. This formed the basis for the criteria set out in paragraph 4.1(d)(i) of the Agreement.

That is the original agreement.

The Parties intended that the Enrolment Committee assess whether applicants had previously self-identified as Members of the Mi’kmaq Group of Indians of Newfoundland.

In annex A to the supplemental agreement, it lays out some additional context, which I think is important.

It says:

The words “current and substantial" must be given their due importance in the context of the Agreement. The core of community acceptance is past and ongoing participation in a shared culture, in the customs and traditions that constitute a community's identity and distinguish it from other groups. The connection that an applicant must show with a Newfoundland community of the Mi'kmaq Group has to be significant in quality and quantity; it must be true, profound and not of recent vintage. An applicant must demonstrate strong ties with the Mi’kmaq Group of Indians of Newfoundland that pre-date or were contemporaneous with the signing of the Agreement and continued up to the date of the Recognition Order.

The frequent references to the Mi’kmaq Group of Indians of Newfoundland in the Agreement show an intention by the Parties to the Agreement that acceptance by the Group must mean more than keeping a connection with one’s own family members. Section 25 of the Guidelines mandates that there be evidence of activities that are directly related to the traditions and culture of the Mi’kmaq Group of Indians of Newfoundland with an emphasis on belonging to a Mi’kmaq community represented by a band or organization in Newfoundland, or in the alternative, a wider participation with the Mi’kmaq Group of Indians of Newfoundland in its activities and ceremonies so as to infer acceptance by the Group.

These are important matters, and the annex of the supplemental agreement outlines very specific tests that shore up the integrity of the enrolment process. For example, under “Subsection 25(b) Non-Residents”, it states:

In accordance with subsection 25(b), applicants who, on the date of the Recognition Order, were not residing in one of the locations of the Mi’kmaq Group of Indians of Newfoundland must demonstrate that, on a regular basis over a reasonably extended period of time, they frequently visited and/or communicated with Members of the Mi’kmaq Group of Indians of Newfoundland and participated in religious, ceremonial, traditional or cultural activities of the Mi’kmaq Group of Indians of Newfoundland.

As I mentioned, there is substantial detail about how that test could be met. In the regular course of affairs there is an appeal process, so that for members who feel they have met the test but the enrolment committee determines it has not been satisfied there is an avenue for appeal.

Further in the supplemental agreement, it talks about determinations. It says:

The Enrolment Committee will determine whether each applicant is eligible to be enrolled under the Agreement. Every applicant will be advised of the Enrolment Committee's determination of his or her eligibility only after the assessments or reassessments of all applications have been completed.

On the founding members list, it says:

Upon the completion of the assessments and reassessments of all applications by the Enrolment Committee and the determination of all appeals by the Appeal Master, the Enrolment Committee will provide to the Parties a single Founding Members List for the purposes of the Agreement, and the Minister will recommend to the Governor-in-Council that this Founding Members List be substituted for the current schedule to the Recognition Order.

On that particular point, it is clause 3 of Bill C-25, which says:

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.

Our understanding of that process is that the enrolment committee will make recommendations, and it is the enrolment committee that will determine whose names are on or off the founding members band list. That is very important, and it is a matter we certainly want to clarify at committee. We want to know how the process will work. Any of us would be very concerned if the Governor in Council could arbitrarily amend a founding member band list. That is a point that does require clarification.

As well, I had a question to the government about the indemnity clause. We want to clarify that it is as we understand it. We understand that members will still have the ability to sue the government under appropriate errors on the government's part, but that they will not be able to sue the band council or the government for compensation if their names are removed from the list or not added to the list. That is a matter that does require clarification at committee.

There is one matter that is not dealt with. It is with regard to the determination of who could be a member. It is an unfortunate set of circumstances that occurred throughout Canada, and it is referred to as a “sixties scoop”. What happened throughout Canada is that first nations children were removed from their homes and they were adopted.

In many cases, these children did not learn of their ancestry until they were adults. Therefore, there was never an opportunity for these children, who were forcibly removed from their homes and adopted out to non-native families, to maintain those cultural connections with their community and maintain their linguistic connections. We have heard stories from the Qalipu Mi'kmaq about children who were raised in other parts of Canada and were not able to maintain those cultural and linguistic ties and have now discovered that they have those roots.

The enrolment agreement did not address this particular matter. I would suspect there are not large numbers in that group, but I would encourage the government at some point to examine those particular cases where individuals would not be able to meet the cultural and linguistic ties that are required under the enrolment criteria. Except for the forcible adoption, those individuals would have maintained those community ties and connections.

It is a gap in the original agreement. It is certainly outside the scope of this particular piece of legislation to deal with it because, again, it is simply a technical document. It would not amend any of the enrolment criteria that were originally outlined. It would not amend the membership criteria regarding the cultural and linguistic ties that are outlined in the supplemental area. That is a problem for the overall enrolment process.

I will conclude by indicating that, once again, the NDP as the official opposition is supporting this bill getting to committee. We look forward to hearing from witnesses to clarify the intent and the scope of clauses 3 and 4 in the legislation. I expect it will be something that can be dealt with fairly expeditiously at committee.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:45 a.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I would like to thank the member for Nanaimo—Cowichan for her speech. This is the first time in the House that I have been able to express my regret that she will not be seeking re-election after the next election. I have always appreciated her reasonable approach, which we saw again in her speech.

I would like some clarification, and I hope it is taken in the spirit in which it is asked. There were a couple of varying opinions from the opposition when we last debated this, on the eligibility criteria and how they should be applied, either across all applicants or simply across the second phase applicants who applied after the 23,877 original charter members were accepted. The lead speaker said that the rules should apply to all applicants, then the member for Western Arctic made it clear that he preferred a case where those 23,877 were exempted from the re-examination.

I wonder if she, as the chief critic for aboriginal affairs for her party, could clarify what her position and the position of the NDP is on that important question.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:45 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I would like to thank the parliamentary secretary first of all for his kinds words with regard to my not running again in 2015. I also appreciate the work he has done on committee.

With regard to bill C-25, it was tabled in the House and very rapidly called for debate. At that point in time, we had not had the opportunity to review it. The departmental briefing took place on the Thursday night before it was called for debate, so there was a limited opportunity for us to review the bill in its entirety and take a look at the implications.

What is clear from my speech is that the New Democrats firmly believe that the right to self-determination and self-identification has to rest with the first nation. The Federation of Newfoundland Indians has negotiated the enrolment criteria. If, at some point, the Federation of Newfoundland Indians wants to have those enrolment criteria reconsidered, that is a matter for the federation and the government to negotiate.

At this point in time, the enrolment criteria are outside of the scope of the bill, and I would encourage people who have some concerns with the enrolment criteria to work with the Federation of Newfoundland Indians and the government to examine them. I specifically mentioned the issue around the sixties scoop in my speech. That is something that requires some consideration.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:50 a.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, there has been such abuse of time allocation motions and closure in the House that I hope I will have enough time to ask my question. I am joking, of course.

I find it very frustrating that Bill C-25 is subject to a time allocation motion. For once, and this is all too rare, our exchanges actually seem more like a discussion than an acrimonious debate. I think that is a great message, one that we should be sending more often to the public and all those who vote to elect MPs.

I would like to take this opportunity to ask my distinguished colleague a question. She has a great deal of expertise on aboriginal peoples. I read that according to article 33 of the UN Declaration on the Rights of Indigenous Peoples, first nations have the right to determine their own membership.

Having read the bill, does she think that Bill C-25 adheres to that rule and that Canada will therefore live up to its responsibilities as a signatory to the UN treaty?

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:50 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, at the outset the member for Trois-Rivières indicated his puzzlement with why time allocation was moved on this legislation when there seems to be agreement to get it to committee. I would echo that puzzlement. I am truly puzzled about why we would do that. We have an opportunity to study the bill at committee and review. It is a short technical bill. I am not clear why the government did what it did with that.

There are a couple of important pieces in article 33, which states, “...to determine their own identity or membership in accordance with their customs and traditions”. My understanding is that the Federation of Newfoundland Indians and the government used the Powley decision, which talked about the linguistic and cultural connection to community, in order to determine membership.

When the Federation of Newfoundland Indians negotiated the original 2008 agreement, it had a high rate of acceptance for the terms and conditions of the enrolment criteria. It would seem that the first nations were self-determining in terms of who would become a member.

I did point out some concerns with people who are left out of the enrolment criteria. I do not think there was any ill intention on that with regard to the children from the sixties scoop, but it is something I would encourage all parties to examine.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:50 a.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would like to acknowledge the wonderful work that my colleague has done with first nations files and how well she has prepared and documented her information.

Earlier in her statement, she said it took almost 20 years to get that settlement. It seems it is always the same with the Liberals and the Conservatives. When there is something to settle with first nations, it takes a lot of time and hard work, but there is no action.

Could my colleague tell me why it would take so much time?

Why does it always take so much time? The government does not demonstrate much of a desire to resolve conflicts with first nations.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:50 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, it is a very puzzling point. In the case of the Qalipu Mi'kmaq, they had to go to court. In 1989 they brought forward a lawsuit against Canada seeking Indian Act recognition. Unfortunately, this is too often the case: in order for first nations to get their rights recognized, they are forced into court situations to have that determination. The government loses the case and then appeals the case, and eventually it will end up in the Supreme Court and the Supreme Court will side with first nations. First nations have taken 187 cases to court to have their inherent rights, their constitutional rights, recognized.

The other question that has not been resolved in debate around Bill C-25 is whether or not the government would put in adequate resources to move forward on recognizing status. Status cards need to be issued, and the department has been incredibly slow in issuing them, and that impacts on people's access to benefits and other things that are guaranteed with regard to the status card.

I posed a question to the government earlier with regard to whether the government would invest the required resources to make sure the backlog around membership applications is cleared up. I did not get a substantive answer. A backlog has already been generated as a result of Bill C-3, the McIvor decision, and this would only add to that workload.

I am hopeful that the government will recognize it has an obligation not only to pass legislation but to put resources in place to make sure the legislation can be implemented appropriately.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:55 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

We will resume debate.

I will let the member for Elgin—Middlesex—London know that we only have a few minutes left before members' statements. We will started and, of course, he will have the remaining time when we resume business on the question after question period.

The hon. member for Elgin—Middlesex—London.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 10:55 a.m.
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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, first of all, I would like to point out that I will be splitting my time with the fantastic member for Calgary—Nose Hill. Members can stay tuned for her speech, which will be after mine.

I am pleased to rise today to speak to Bill C-25, Qalipu Mi'kmaq first nation act.

I have listened to the debate here today, and I want to take this opportunity to reinforce the government's commitment to the Qalipu Mi'kmaq first nation and to the official recognition of its members as status Indians.

I would like to expand on some of the points other speakers have raised. I especially want to focus on our approach for resolving this long-standing matter; an approach designed to treat everyone fairly and equitably. To do so, a brief historical overview of the complex issue is required.

As members know, this story dates back decades. It began in 1949 when Newfoundland first joined Confederation. At the time, there was no agreement between the province and Canada about if, how, or when the Indian Act would apply to the Mi'kmaq of Newfoundland. In the absence of such an agreement, the Indian Act was never applied.

By the 1970s and 1980s, the Mi'kmaq groups in Newfoundland began calling for recognition. Various groups were led by the Federation of Newfoundland Indians, also known as the FNI, who commenced legal action against Canada in 1989.

Formal talks to settle the litigation and to correct the situation began in 2003. These talks led, in 2007, to an agreement in principle between the Government of Canada and the Federation of Newfoundland Indians to create the Qalipu Mi'kmaq first nation, which resulted in a final agreement a year later, in 2008.

The 2008 agreement for the recognition of the Qalipu Mi'kmaq band provided for the establishment of an Indian Act landless band for members of the current day Qalipu Mi'kmaq group of Indians of Newfoundland, who resided in different Newfoundland Mi'kmaq communities prior to 1949 or are descended from residents of such a Newfoundland pre-Confederation Mi'kmaq community. These members would gain access to specific benefits confirmed by Indian status. The agreement included specific criteria for the enrolment process of founding members.

I will stop here and pick up right after question period.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 11 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Elgin—Middlesex—London will have seven minutes remaining for his remarks when the House next returns to debate on this question.

Statement by members.

The House resumed 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.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 12:20 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

When the House last left the question, the hon. member for Elgin—Middlesex—London had seven minutes remaining in his remarks.

The hon. member for Elgin—Middlesex—London.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 12:25 p.m.
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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I certainly hope that for the last hour and a bit everyone has been held in suspense waiting for the final seven minutes, notwithstanding the excitement of question period.

I was talking about how we came to where we are today and the 2008 agreement and the eligibility process. To be eligible for membership in the Qalipu Mi'kmaq First Nation Band, the 2008 agreement stipulated that individuals must be of Canadian Indian ancestry, be a member or a descendant of a member of a pre-Confederation Mi'kmaq community, self-identify as a member of a Mi'kmaq group of Indians of Newfoundland, and be accepted by the Mi'kmaq group of Indians of Newfoundland based on a demonstrated or substantial cultural connection.

When the application process began in 2008, Mi'kmaq leaders and Canada expected that somewhere between 8,700 and 12,000 people would be entitled to band membership. This range seemed realistic given that there were roughly 10,500 members of the Federation of Newfoundland Indians at the time. Imagine the surprise when over 101,000 applications were submitted by the time the enrolment period ended in November 2012. Almost half of these applications, roughly 46,000, were received in the final three months before the deadline of that four-year process. Most of the applications received were from people living outside of Newfoundland.

As Chief Brendan Sheppard has stated: “It was neither reasonable nor credible to expect such a huge number of individuals to become members of the Qalipu Mi'kmaq First Nation...”. Not surprisingly, the Federation of Newfoundland Indians and Mi'kmaq residents of the province were worried about the credibility of the enrolment process and the integrity of the first nation. They wanted to be sure that the objectives of the 2008 agreement would be respected.

The intent of the 2008 agreement and the desire of the Mi'kmaq group of Indians of Newfoundland was that membership in the Qalipu Mi'kmaq first nation would be granted primarily to the people living in or around the province's Mi'kmaq communities named in the agreement. While individuals living outside these communities could also become members, the goal of the original signatories was that non-residents would be required to have a strong cultural connection to the Newfoundland Mi'kmaq community. This includes a sustained and active involvement in the community despite their absence.

By the fall of 2012, all parties agreed that additional steps were needed to clarify the document's requirements for the enrolment process. In response, a chief federal negotiator was appointed to explore the measures to address issues connected to the enrolment process. Fred Caron, a lawyer and former assistant deputy minister at the Department of Aboriginal Affairs and Northern Development, collaborated closely with the chief and council of the Qalipu Mi'kmaq first nation and the Federation of Newfoundland Indians.

They jointly agreed on the need for improvements. On July 4, 2013, the Government of Canada and the Federation of Newfoundland Indians announced a supplemental agreement, which resolves the issues that emerged in the implementing of the 2008 agreement.

For instance, the 2013 supplemental agreement extends the timelines to review applications, ensuring that all previously unprocessed applications will be thoroughly reviewed and also ensuring that all applicants will be treated fairly and equitably.

It ensures that all applications received during all phases of the enrolment process will be assessed or reassessed, except those previously rejected. This guarantees that all applicants, no matter when they applied in the process, will be treated in a manner that ensures that their application is considered to the fullest extent required to determine membership.

Especially important, the 2013 supplemental agreement guaranteed that anyone whose application is reviewed will be sent written notification and that those who have submitted a valid application will be given the opportunity to provide additional documentation if required.

It also clarifies how an applicant's self-identification as a member of the Mi'kmaq group of Indians of Newfoundland is assessed. It provides guidance related to an individual's acceptance to the Mi'kmaq group of Indians of Newfoundland. This information is particularly relevant to individuals not residing in Newfoundland Mi'kmaq communities.

This reasonable approach is the only way to ensure the integrity of the enrolment process and that the rules of eligibility for memberships are fairly applied so that all applicants are treated equitably. That is what Mi'kmaq residents of Newfoundland demand and what all Canadians expect.

I would remind members that status brings with it a range of important social and economic benefits, something that cannot and should not be taken lightly. For these reasons, determination of the eligibility of applicants is being made by the enrolment committee, which includes two federal representatives, two Mi'kmaq representatives, and one independent chair.

In the meantime, all current members will retain their status cards. They will continue to be eligible for benefits that are conferred on registered Indians until such time as their status might change, based on the determination of the enrolment committee.

Acquiring first nations status will help the Mi'kmaq of Newfoundland create and maintain a strong foundation of Mi'kmaq culture, growth, and development. This will lead to a better future for today's generation and all those who follow. This is something that generations of Mi'kmaq residents of the province have fought long and hard for, since the 1970s. It is time to resolve this complex and long-running matter, so that those who belong to the Qalipu Mi'kmaq first nation can finally realize this potential.

Some Liberal members are suggesting that the supplemental agreement signed by our government and the Federation of Newfoundland Indians, which is essential for the establishment of the fairness and equitability of all applicants, stands for nothing. These assertions speak to members putting their own personal motives ahead of the interests of those they claim to represent. Our government asserts that the integrity and credibility of the band should be upheld above all else.

These interests are what make Bill C-25 so important. Once the review process is over, the schedule to the order in council that legally created the first nation in 2011 will need to be amended. This is to reflect the fact that some of the names will likely be removed and others will be added to the list of the names of the founding members of the Qalipu Mi'kmaq first nation.

I call on all parties to join us in passing Bill C-25. Let us take these important steps in the process for the Mi'kmaq people of Newfoundland, so they can finally settle these issues and move on to enjoy the benefits of being a first nation.

Qalipu Mi'kmaq First Nation ActGovernment Orders

March 7th, 2014 / 12:30 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I would like to thank my colleague for his presentation. I would like to ask him, to his knowledge, how many nations want to negotiate or are currently negotiating to obtain recognized status as a band without a land base.

Does he think that the bill now before us provides for measures that should be put in place in the future or does the bill have shortcomings that need to be corrected immediately?