Important Information for Applicants - July 31, 2013

On July 4, 2013, Canada and the Federation of Newfoundland Indians (FNI) announced a Supplemental Agreement that clarifies the process for enrolment in the Qalipu Mi’kmaq First Nation and resolves issues that emerged in the implementation of the 2008 Agreement.

All applications submitted between December 1, 2008, and November 30, 2012, except those previously rejected, will be reviewed to ensure that applicants meet the criteria for eligibility set out in the 2008 Agreement. This include the applications of all those who have gained Indian status as members of the Qalipu Mi’kmaq First Nation. No new applications will be accepted.

In November 2013, all applicants, except those previously rejected, will be sent a letter. Where an application is invalid, the letter will advise applicants that their application is denied. Where an application is valid, the letter will outline general documentation and informational requirements as well as where to send additional information applicants may wish to submit. It is the sole responsibility of applicants to determine what additional documentation they wish to submit in support of their applications.

All applicants are asked to refrain from mailing in additional documentation prior to their receipt of the November 2013 letter. The exception to this, however, is information regarding an applicant’s change of address or birth certificate (see sections A and B). At this time, applicants are asked to only submit the documents mentioned above and to wait before submitting any other document until they receive further direction in the November 2013 letter.

In the interim, applicants are encouraged to read the following information and obtain the necessary documentation in support of the review of their application.

Checklist

• Ensure your address is up to date (Section A)
• Provide birth certificate, and proof of request, by September 3, 2013 (Section B)
• Understand Requirements to support self-identification (Section C)
• Gather documents to support demonstration of community acceptance (Section D)
• Understand affidavit and declaration  requirements (Section E)
• Consult the websites and watch for updates (Section F)

A: Update your address

If you have changed your address since you submitted your original application, please update your contact information by either calling 1-800-561-2266 or sending a signed letter via facsimile to 204-984-3032.

For both methods, you will need to provide:

• full name of applicant;
• date of birth;
• reference number provided by Aboriginal Affairs and Northern Development Canada, if available;
• previous mailing address;
• new mailing address; and effective date of the address change. 

B:  Provide birth certificate, and proof of request, by September 3, 2013

For applicants who applied to the Government of Newfoundland and Labrador on or before November 30, 2012 to obtain a long form birth certificate, that certificate, as well as proof that the certificate was requested before November 30, 2012, must be received at the following address no later than September 3, 2013:

Aboriginal Affairs and Northern Development Canada
Box 9100
Winnipeg, MB  R3C 0M9

Applications that do not include a valid long form birth certificate are invalid and will not be considered.

C:  Understand Requirements to support self-identification

Applicants are required to demonstrate that as of September 22, 2011 – the date of the Recognition Order – they self-identified as Members of the Mi’kmaq Group of Indians of Newfoundland. “Member” is defined in the 2008 Agreement as someone having a “current and substantial connection with the Mi’kmaq Group of Indians of Newfoundland.”

Applicants who submitted applications on or before September 22, 2011, and completed  Part 2 of the application form, are considered to have self-identified as a Member of the Mi’kmaq Group of Indians of Newfoundland. These individuals are not required to take further action or submit additional documentation to demonstrate self-identification.

Applicants who submitted applications after September 22, 2011 will have to support their claim of self-identification by providing one or more of the following, or their application will be rejected:

• Confirmation that the applicant was a Member of one of the following Newfoundland Mi’kmaq groups prior to the signing of the Agreement on June 23, 2008:  the Federation of Newfoundland Indians, the Ktaqamkuk Mi’kmaq Alliance, the Benoit First Nation, or the Sip’kop Mi’kmaq band. (Note: As of July 26, 2013, applicants can verify if their name appears on membership lists for these organizations by calling 1-800-567-9604.)
• A copy of a census form from 2006 or earlier in which an applicant living in Newfoundland self-identified as an Aboriginal person, a North American Indian or a member of an Indian Band/First Nation. (Note: Information on how to obtain a copy of your census form will be made available in the coming weeks on www.aandc.gc.ca/qalipu or www.qalipu.ca)
• A copy of a Newfoundland newspaper article, pre-dating June 23, 2008, where it is reported the applicant participated as a Member of the Mi’kmaq Group of Indians of Newfoundland in ceremonial, traditional, cultural, or religious activities of the Mi’kmaq of Newfoundland.
• A certified true copy of an application form dated before June 23, 2008 – when the original Agreement was signed – where the applicant self-identified as Mi’kmaq, Indian or as an Aboriginal person for:
  • a job in a government, other public institution, or the Federation of Newfoundland Indians, the Ktaqamkuk Mi’kmaq Alliance, the Benoit First Nation, or the Sip’kop Mi’kmaq Band.
  • a program benefit sponsored by a government or government agency
• Other relevant documents submitted to or issued by a government, a public institution or one of the Newfoundland Mi'kmaq organizations listed above, prior to June 23, 2008, showing that the applicant self-identified as a Member of the Mi’kmaq Group of Indians of Newfoundland.

If applicants were under the age of 18 years at the time of applying for enrolment or as of September 22, 2011, the assessment of self-identification will be based on their parents’ application.

Further information on the requirements for demonstration of self-identification can be found in section 8 of the June 2013 Supplemental Agreement, which is available at www.qalipu.ca and www.aandc.gc.ca/qalipu.

D:  Gather documents to support demonstration of community acceptance

There are two ways in which applicants can demonstrate they meet the criteria of the Agreement for community acceptance:

• Resident of one of the Mi’kmaq Group of Indians of Newfoundland communities:Applicants who, as of September 22, 2011, were living in one of the Newfoundland Mi’kmaq Communities (listed below) meet the community acceptance criteria as long as they submitted the documentation outlined in Section 27 of Annex A of the 2008 Agreement.

• Frequent Visits/Communications/Mi’kmaq Cultural Activities:
  Applicants who, on or before September 22, 2011, 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 made frequent visits to and/or communications with members of the Mi’kmaq Group of Indians of Newfoundland and participated in the Group’s ceremonial, religious, traditional or cultural activities. These activities must have taken place prior to September 22, 2011 and resulted in community acceptance.

Documentation to support an applicant’s claim of acceptance and ongoing attachment to the Mi’kmaq Group of Indians of Newfoundland must cover a number of years leading up to September 22, 2011. Failure to submit the required documentation will result in an application being rejected.

Applicants must provide:

• Copies of documents demonstrating that an applicant made frequent visits and/or communications to Members of the Mi’kmaq Group of Indians of Newfoundland, including: air plane tickets, travel itineraries, credit card bills, phone bills, or other written communications

Applicants also should provide as many of the following as possible:

• Copies of newspaper or magazine articles or other publications describing an applicant’s involvement in the activities mentioned in section 18 of the June  2013 Directive to the Enrolment Committee
• Original photographs showing their participation in the activities mentioned in section 18 of the June 2013 Directive to the Enrolment Committee
• Original family or personal documents (e.g. e-mails, correspondence, other written documents) demonstrating the applicant’s interaction with the Mi’kmaq Group of Indians of Newfoundland
• School transcripts or documents showing the applicant’s registration in a course to gain knowledge on Mi’kmaq history, culture or traditions
• Papers, essays or correspondence reflecting the pursuit of knowledge of the Mi’kmaq way of life or supporting recognition of the Mi’kmaq Group of Indians under the Indian Act
• Minutes from a meeting of a Newfoundland Aboriginal organization showing the applicant’s attendance
• Receipts showing the applicant’s subscription to a community newspaper circulated in a location of the Mi’kmaq Group of Indians of Newfoundland
• Trapping, hunting or fishing permit or license to an area in Newfoundland that historical documents show was used by the applicant’s ancestors for these purposes
• Deed, Notice of Assessment for municipal tax purposes; Affidavit from a Municipal Official, utility bill showing address in a location of the Mi’kmaq Group of Indians of Newfoundland

Note: Where original documentation is requested, applicants may submit certified true copies certified by a Notary Public or Commissioner of Oaths.

Further information on the requirements for demonstrating community acceptance can be found in the June 2013 Directive to the Enrolment Committee relating to acceptance as a Member of the Mi’kmaq Group of Indians of Newfoundland. The June 2013 Directive is available at www.qalipu.ca and www.aandc.gc.ca/qalipu.

List of geographic locations of Mi’kmaq groups of Indians on the Island of Newfoundland

E:  Understand affidavit and declaration requirements

Applicants providing new documentary evidence in support of community acceptance will also be asked to provide:

• a sworn statutory declarationmade before a Commissioner of Oaths or Notary Publicregarding the authenticity of the evidence they provide and how it relates to their participation in or integration into the ceremonial, traditional, religious, or cultural activities of the Mi’kmaq Group of Indians of Newfoundland.  (See section 11 of the June 2013 Directive to the Enrolment Committee.)
• at least two affidavits from residents of the Mi’kmaq Group of Indians of Newfoundland on the island of Newfoundland sworn before a Commissioner of Oaths or Notary Public which describe in detail the nature and purpose of the visits or communications, and the religious, ceremonial, traditional or cultural activities practiced by the applicant in one of the locations of the Mi’kmaq Group of Indians of Newfoundland. (See section 12 of the June 2013 Directive.)

F:  For More Information – consult the websites and watch for updates

For more information and updates – including the June 2013 Supplemental Agreement, Directive to the Enrolment Committee and Frequently Asked Questions – the following can be consulted:

Web: www.aandc.gc.ca/qalipu or www.qalipu.ca
Phone: 1-800-561-2266
TTY: 1-800-465-7735