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.