They were denied Indigenous status. Now they are fighting back | 24CA News

Canada
Published 16.01.2023
They were denied Indigenous status.  Now they are fighting back | 24CA News
Six plaintiffs, representing 1000’s who misplaced their membership in Qalipu First Nation, will head to the Supreme Court of Newfoundland and Labrador in St. John’s. (Colleen Connors/CBC)

The long-simmering combat over membership in Qalipu Mi’kmaq First Nation is getting into a brand new chapter Monday, as a gaggle of individuals rejected in a controversial enrolment course of head to court docket.

The Friends of Qalipu Advocacy Association is difficult a 2013 supplemental settlement between the federal authorities and the group that based Qalipu First Nation, the Federation of Newfoundland Indians. 

That settlement established a points-based system for deciding membership in Qalipu First Nation, resulting in the rejection of 1000’s of functions. 

Greg Janes was as soon as a member of Qalipu First Nation, however his membership was revoked due to the 2013 settlement. He says the court docket problem marks a pivotal second in a years-long battle.

“This is about recognition,” he advised 24CA News. “This is about the true recognition of fairness, really, to be treated equally amongst your brothers and sisters.”

The Supreme Court of Newfoundland and Labrador has blocked off three weeks for the case, which could have six plaintiffs: Shawn Benoit, Matthew Anderson, Bobbie Tapp Goosney, Paul Bennett, Jennifer Sur Le Roux and Marie Melanson.

They’ll be representing 1000’s of individuals whose membership in Qalipu First Nation was revoked. 

Janes, a correspondent for the Mi’kmaq Matters podcast, mentioned he is feeling hopeful.

“We want to see a fair slate across the board that would treat everyone the same,” he mentioned.

Qalipu First Nation, which incorporates Mi’kmaq from throughout Newfoundland, is without doubt one of the largest First Nation bands in Canada.

When requested final week for touch upon the case, Qalipu First Nation declined.

An extended historical past

When Newfoundland joined Confederation in 1949, Mi’kmaw communities weren’t acknowledged as First Nations beneath the Indian Act, and the Indian Status of their members was left undetermined.

In 1972, a gaggle of Mi’kmaw communities banded collectively to kind the Federation of Newfoundland Indians. Years of litigation and negotiations adopted, lastly ending in 2008 when the federal authorities and the Federation of Newfoundland Indians entered into an settlement in precept to kind Qalipu First Nation.

The 2008 settlement established a membership enrolment course of and committee; membership standards included being a member or descendant of a pre-Confederation Mi’kmaw group, amongst different gadgets.

Qalipu First Nation and federal officers anticipated about 20,000 individuals to use for membership within the new band.

That is not what occurred.

Over the following few years, greater than 104,000 individuals throughout Canada utilized for membership in Qalipu First Nation — a quantity that represented greater than one-fifth of Newfoundland and Labrador’s inhabitants on the time.

Under the 2013 settlement, most functions for membership in Qalipu First Nation have been rejected. (Colleen Connors/CBC)

In order to cope with the overwhelming variety of candidates, the federal authorities and Federation of Newfoundland Indians got here up with a supplemental settlement in 2013.

That settlement retroactively modified the enrolment course of, and established a factors system for candidates who did not reside in one in every of 67 accredited Mi’kmaw communities. Those candidates had to supply proof that they met standards beneath 5 sections, together with — controversially — upkeep of Mi’kmaw tradition and lifestyle.

In February 2017, membership choices have been mailed out; solely 18,044 functions have been accredited. Thousands of founding members of Qalipu First Nation had their standing revoked. 

Back to 2008

The controversy sparked protests and no less than one starvation strike. Some communities backed away from the Qalipu First Nation fully.

Late final 12 months, Qalipu band members voted to permit some RCMP officers, Canadian Rangers, members of the army and veterans to reapply for membership — however the vote would not apply to the general public represented by the Friends of Qalipu.

Helen Darrington, one of many organizers of Friends of Qalipu, mentioned the group’s aim is to do away with the purpose system established in 2013 and return to the foundations agreed upon in 2008. 

“If nobody challenges it, we’ll never know. They’ll get away with it. They’ll get away with what is blatantly oppression of the people,” she mentioned.

Read extra from CBC Newfoundland and Labrador