Frequently Asked Questions - Supplemental Agreement

Q1. What is the Supplemental Agreement?

The 2013 Supplemental Agreement respects the original intent of the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band and resolves a number of issues which had prevented conclusion of the process for enrolment in the First Nation.

Specifically, the Supplemental Agreement:

• extends the timelines for review of the applications, ensuring all previously unprocessed applications can be reviewed;
• ensures that all applications received during all phases of the enrolment process, except those previously rejected, will be assessed or reassessed;
• provides that all those whose applications will be assessed or reassessed will be sent written notification and will have an opportunity to provide additional documentation, if necessary;
• provides clarity regarding the assessment of an applicant’s self-identification as a member of the Mi’kmaq Group of Indians of Newfoundland; and
• provides guidance related to an individual’s acceptance by the Mi’kmaq communities of Newfoundland, particularly as it relates to individuals not residing in the communities of the Mi'kmaq Group of Indians of Newfoundland.

Q2. Why was a Supplemental Agreement needed?

The Supplemental Agreement clarifies the process for enrolment and resolves issues that emerged in the implementation of the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band.

These issues included the following:

• Number of applications -- It was neither reasonable nor credible to expect that more than 101,000 individuals would become members of the First Nation, particularly given that approximately two-thirds of the applicants did not reside in any of the Mi'kmaq communities targeted for recognition in this initiative, but elsewhere in Canada.
• Insufficient timelines -- As a result of the surge in applications received for membership, it was not possible to review all applications submitted prior to the November 30, 2012 application deadline within the time limits contained in the original agreement.
• Lack of clarity in guidelines - The original guidelines for the assessment of applications did not provide sufficient clarity and detail to ensure that the original intent of the parties could be reflected.

The Supplemental Agreement meets the objective shared by Canada and the FNI that all applicants are treated fairly and equitably in accordance with the criteria that the parties originally negotiated to establish eligibility for membership in the Qalipu Mi’kmaq First Nation.

Q3. What was the “intent” of the original 2008 Agreement?

In 2008, Canada and the FNI reached agreement on the creation of the Qalipu Mi’kmaq First Nation. The intent of the 2008 Agreement was to establish a landless band for the Mi’kmaq Group of Indians of Newfoundland which was located on the island of Newfoundland and outlined in Annex B of the 2008 Agreement. The original agreement set in motion an enrolment process that would provide eligible members of the Mi’kmaq of Newfoundland and Labrador with status under the Indian Act.

The parties intended that founding membership in the Qalipu Mi’kmaq First Nation would be granted primarily to persons living in or around the Newfoundland Mi`kmaq communities named in the 2008 Agreement. While individuals living outside of these communities could also become members, the intent of the parties was that non-residents would be required to have maintained a strong cultural connection with a Newfoundland Mi’kmaq community, including a sustained and active involvement in the community despite their absence.

Q4. Did the enrolment criteria in the 2008 Agreement change?

No, the enrolment criteria in section 4.1 of the 2008 Agreement did not change. Rather, the Supplemental Agreement reached between Canada and the FNI includes clarification of the requirements for enrolment, additional documentation requirements for applications, and an extension of the 2008 Agreement timelines. In addition, under the Supplemental Agreement, all applications submitted since the enrolment process began in December 2008 will be reviewed, except for those that had been previously rejected. The 2008 Agreement remains in effect.

Q5. How many applications were received during the process?

Approximately 26,000 applications were received in the first stage of the enrolment process, which concluded on November 30, 2009.

From November 30, 2009 to September 22, 2011, when the band was created, approximately 4,000 more applications were received.

The number of applications rose sharply following band creation. In the final 14 months of the process, more than 70,000 applications were received, including approximately 46,000 between September and November 2012, bringing the total number of applications to over 101,000.

Q6. Why are all applications being reviewed? (e.g. including those who are already registered as Indians under the Indian Act)

All applications received in the process, except those previously rejected, will be reviewed in order to treat all applicants fairly and to ensure the integrity of the process for enrolment in the Qalipu Mi’kmaq First Nation.

Q7. What is the file review process?

All applications received during the four year enrolment process will be transferred to an AANDC processing unit located in Winnipeg, Manitoba.

Once transferred, a dedicated processing team will begin the initial review of all the applications. This includes digitally scanning the complete application package, including original documents, into the Indian Registry System and verifying that all required documentation was submitted prior to November 30, 2012.

All applicants will be sent a letter in November 2013 that outlines the next steps for the consideration of applications and whether further documentation is required.

Q8. How long will the file review process take? When will applicants learn the results?

Applicants will be informed of the results of the assessment or reassessment of their applications at the completion of the enrolment process.

Canada and the FNI have dedicated significant resources to the processing of applications. However, given the complexity of the criteria for membership and the large number of applications received, the parties currently estimate that the review and consideration of applications will take approximately 2.5 years to complete.

Once all applications have been initially reviewed and the process is underway, the parties will be able to provide applicants with a more precise estimate of the time required.

Q9. What impact does the Supplemental Agreement have on individuals who are registered as members of the First Nation and as Status Indians?

The review includes applications of those who have gained Indian status as members of the Qalipu Mi’kmaq First Nation.

It is possible that some individuals may lose their Indian status as a result of the reassessment of their application. Those individuals would no longer receive access to programs and services provided to Status Indians.

It is not possible at this time to predict how many applicants may lose or gain Indian status as a result of the assessment or reassessment of applications

Q10. Will individuals currently receiving benefits as Status Indians lose those benefits?

During the review process, there will be no change in Indian status for existing members of the Qalipu Mi’kmaq First Nation. While the process is underway, individuals who are currently registered as an Indian under the Indian Act will retain their entitlement to access programs and services to which they are entitled.

At the end of the review period, all applicants will be informed of their entitlement to membership and Indian status. It is possible that some individuals may lose Indian status as a result of the reassessment of their application. Those individuals would no longer receive access to programs and services provided to Status Indians.