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Core 1..196 Hansard House of Commons Debates VOLUME 147 Ï NUMBER 059 Ï 2nd SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, March 7, 2014 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 3653 HOUSE OF COMMONS Friday, March 7, 2014 The House met at 10 a.m. Much to the surprise of both parties, more than 75,000 additional people took the opportunity to apply for membership, bringing the total number of applications to over 101,000. To put that into perspective, that figure represents about 11% of all registered Indians Prayers in Canada, so it is a very significant number. It is also worth noting that over 46,000 applications were sent in during the last three months, the last quarter before that November 30, 2012 deadline. GOVERNMENT ORDERS Concerns were raised by both parties to the agreement that these Ï (1005) numbers were possibly not credible and that the integrity of the [English] enrolment process had been undermined. Consequently, the Federa- tion of Newfoundland Indians and the Government of Canada agreed QALIPU MI'KMAQ FIRST NATION ACT to the need for a supplemental agreement, which was announced in The House resumed from February 28 consideration of the motion July 2013. The parties were able to use those provisions in the 2008 that Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation agreement to amend the original agreement. Band Order, be read the second time and referred to a committee. Mr. Maurice Vellacott (Saskatoon—Wanuskewin, CPC): Mr. The supplemental agreement provides greater clarity surrounding Speaker, I would first indicate that I am splitting my time with the the criteria for band membership. It provides the necessary detail to member for Sarnia—Lambton, so the House will only have the ensure that the original intent of the 2008 agreement is respected and privilege of hearing me speak for about 10 minutes. Then I will leave that the integrity of the process is protected. This is of great concern the floor for questions and comments. to the leaders of the Federation of Newfoundland Indians and to our government, as it should be to all members of the House. The bill has been spoken to already. There have been many persuasive arguments to support this important piece of legislation. First and foremost, Bill C-25 would enable the Qalipu Mi'kmaq first To be clear, the enrolment criteria set out in the 2008 agreement nation to finalize its membership list. That process began with the remain the same. Nothing has changed with respect to that. The 2008 agreement for the recognition of the Qalipu Mi'kmaq first supplemental agreement clarifies how to assess that criteria and nation, signed by the Government of Canada and the Federation of which documents may be considered. Anyone wishing to join the Newfoundland Indians, but it has yet to be completed. For reasons first nation needs to prove his or her eligibility for membership. That other speakers have already explained, and as others will hereafter, is the responsible and appropriate thing to do, from the point of view the full implementation of that agreement has been delayed. of the Newfoundland first nation and the Government of Canada and all citizens across this great country. As the House may know or may have already heard during this debate, the very first stage of that enrolment process ended on November 30, 2009. The first stage resulted in the issuance of the Applicants must provide documentary evidence that they self- Qalipu Mi'kmaq First Nation Band order on September 22, 2011. As identified as being members of a Newfoundland Mi'kmaq group a result, 23,877 individuals were enrolled as the band's founding prior to 2008. They also have to demonstrate that they were accepted members. With that they gained Indian status under the Indian Act, by the Newfoundland Mi'kmaq Group of Indians through their active giving them access to certain federal programs and services, as they involvement in Mi'kmaq culture before the first nation was officially should have. formed. However, issues with the enrolment process became apparent during the second stage of the enrolment process, which ended on The supplemental agreement also allows more time for the November 30, 2012. Just to remind the House, an additional 36 enrolment committee to process the tens of thousands of unexpected months were provided under that original 2008 agreement to applications. That is essential to ensure that everyone who submitted guarantee that everyone who might be eligible to become a member an application is treated fairly and equitably and that there is due of Qalipu Mi'kmaq band had ample time to apply. consideration given to each application in the process. 3654 COMMONS DEBATES March 7, 2014 Government Orders This process will ultimately resolve any lingering questions about join our government in ensuring the swift passage of Bill C-25 to who is or who is not a member of the band, and it will provide clarity complete the process for the recognition of the Qalipu Mi'kmaq first for the entire enrolment process. However, to accomplish this, nation and its eligible members. another step is required, and the fact is that legislation is necessary to Ï (1010) enable the Governor in Council to amend the recognition order once the enrolment process under the supplemental agreement is Ms. Jean Crowder (Nanaimo—Cowichan, NDP): Mr. Speaker, complete. it is interesting that the government has invoked time allocation on the bill, given the fact that it has only been debated one Friday in the An amendment to the schedule will be required to add the names House, and today is the second Friday. Essentially we will have only of those who are found to be entitled to be members and also to a couple of hours of debate. As the member for St. John's East ably remove the names of those on the list who are determined to be outlined, we are providing equivocal support for the bill, so it is not ineligible for membership in the Qalipu Mi'kmaq first nation, clear why the Conservatives had to shut down debate on it. according to the criteria. With regard to clause 4 in the bill, which deals with an indemnity It is possible that some of those initially deemed to be founding clause, I wonder if the member could outline what he expects this members will no longer be entitled to Indian status, should the indemnity clause in the bill to cover. current review reveal that they do not meet the enrolment criteria. However, I want to underline that there will be no changes to the Mr. Maurice Vellacott: Mr. Speaker, clause 4 would support the schedule until the review process is over. All those currently overall integrity and credibility of the membership. I think it is registered as Indians under the Indian act will continue to have crucial in the enrolment process of the Qalipu Mi'kmaq First Nation. access to designated programs and services until that time. It would ensure that the applicants who are found not to be entitled to registration would not obtain compensation for benefits intended Despite the steps our government is taking to come to a only for registered Indians. They are on the list presently until found conclusion on this matter to ensure clarity and fairness for otherwise, according to some very clear criteria. applicants, the members of the Liberal Party thus far have suggested that the agreement with the FNI establishing clear criteria for Those benefits would not be clawed back. I think we would all enrolment in the Qalipu Mi'kmaq first nation stands for nothing, that agree that individuals who are rightfully a part of the Qalipu it is of no account and is not important at all. We believe that it is. It Mi'kmaq first nation will continue to be, but there may be some on is crucial, and I think that any complacency or lack of regard for that list who are not eligible, according to clear criteria. integrity is an example of what the Liberal members are doing on Mr. Kevin Lamoureux (Winnipeg North, Lib.): Mr. Speaker, this. It is really a matter of putting their own personal interests before first, I would echo some of my NDP colleague's comments regarding the interests of those they claim to represent. the issue of time allocation. We are also concerned about the way the I am sure that all other members of the House can understand that government is using time allocation almost as a normal procedure in clarity is essential. I think fair-minded people would admit that. It is the passage of legislation. In fact, it is not appropriate. essential for everyone involved but especially for the Mi'kmaq people of Newfoundland. They want this kind of clarity and Having said that, I wonder if the member could provide some integrity. comment regarding the appeal mechanism, if he is familiar with it. Individual applicants who might be going through the process may Yesterday, on the floor of the House of Commons, the member for feel that they would like to challenge a decision. Could the member Skeena—Bulkley Valley, the House leader for the NDP, mistakenly provide comment as to what an individual would be able to do in referred to this legislation as a treaty. Maybe it was misspoken on his terms of appealing a decision? part or a slip, but I want to make it very clear to the members in this Mr. Maurice Vellacott: Mr.
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