Qalipu Mi'kmaq First Nation Band

The Qalipu Mi’kmaq First Nation Band is band (First Nation) as defined by the Indian Act, created by order-in-council in 2011 pursuant to the Agreement for the Recognition of the Qalipu Mi’kmaq Band. It represents the Qalipu Mi'kmaq of Newfoundland and Labrador. The band does not control any reserve lands.

History prior to recognition

Mi'kmaq people did not have any special relationship to the government in pre-Confederation Newfoundland. When Newfoundland joined Canada in 1949, the federal government decided not to extend the terms of Indian Act to people of Mi'kmaq descent in the new province. This is understandable as the goal of the act was to "enfranchise" Indians or have them leave the terms of the Act and join the mainstream society. Nevertheless, self-identified Mi'kmaq people began to lobby for recognition as an Aboriginal people starting with the founding of the Native Association of Newfoundland and Labrador in 1972, with the Benoits Cover First Nations (now named Elmastogoeg), Corner Brook Indian Band, Flat Bay Indian Band, Gander Bay Indian Band, Glenwood Mi’kmaq First Nation and Port au Port Indian Band as affiliated members (all unrecognized by the federal government at the time or Non-Status Indians). One other band, the Mi’kmaq of Conne River, were recognized as a band of Status Indians in the early 1980s, and withdrew from the now renamed Federation of Newfoundland Indians (FNI). The FNI and its members launched a court action against Canada, seeking recognition. Following the start of the court case, three more groups joined the FNI, namely the Exploits Indian Band (now Sple’tk First Nation), St. George’s Indian Band, Stephenville/Stephenville Crossing Band (now Indian Head First Nations). The court case was held in abeyance from 1999 to 2001 while negotiations occurred, but was reactivated by the FNI. Ultimately an agreement-in-principle was reached between the FNI and Canada in November 2007. This was followed by a plebiscite by which 90% of FNI's membership agreed to the plan to become a band under the Indian Act, and approval by the federal government. The FNI began enrolling members in the new band in 2009, and in 2011 an order-in-council recognized the creation of the Qalipu Mi’kmaq First Nation Band.^[1]

Governance

The band is governed by a band council elected under the Qalipu Mi’kmaq First Nation Band Custom Election Rules, which were part of the agreement with the Canadian government. Changes to the Custom Election Rules can only be made after a referendum of the whole band membership approves.^[2]

Membership

The Government of Canada had expected membership of the band to be not much larger than the membership of the Federation of Newfoundland Indians it drew from, around 10,000 people. Instead, around 100,000 people or the equivalent of one fifth of the population of the island of Newfoundland, applied to become members. After the first round of enrolment 23,000 of 30,000 applicants were accepted, making the not-yet-functional band the second largest by membership in Canada.^[3] In response the government passed Bill C-25 to allow it to review all applications and retroactively reject some, based on criteria similar to those used in the Powely ruling on Metis rights.^[4]

The rest of the outstanding applications were put in indefinite storage, prompting many of the applicants to organize into a new organization, the Mi’kmaq First Nations Assembly of Newfoundland in 2013 to lobby for the process to be continued, and to prepare for a legal action regarding the enrolment process should lobbying fail.^[5]

References

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