In 1949, Newfoundland and Labrador was the last province to join Confederation. There was no agreement between the province and Canada on if, how or when the Indian Act system would be applied to the Mi’kmaq, who live primarily on the Island of Newfoundland. In the absence of such an agreement, coupled with the fact that there were no reserve lands nor federal treaties requiring reserve creation, the Indian Act was not applied.
From the 1950s to the 1980s, Canada provided ad-hoc funding to the province for social and health programs for Aboriginal Communities living in the province. Over time, however, both the federal government and the First Nation population expressed a desire for a more focused and systematic application of the Indian Act.
In 1989, the Federation of Newfoundland Indians (FNI) , representing approximately 7,800 members from the nine Mi’kmaq communities across the island, along with Chiefs of six affiliated groups began a Federal Court Action seeking eligibility for registration under the Indian Act. Due to years of on-and-off again negotiations, the court case was in abeyance until 2002 when exploratory discussions to settle the court action between Canada and FNI began. These discussions involved consultation sessions with Mi’kmaq communities and FNI members that were held by FNI and Canada. Through this process, FNI members voiced that they would like to be registered as Status Indians under the Indian Act and the FNI made a commitment to all of its members that they would be able to vote on any agreement reached with Canada. In addition, the Government of Canada proposed that Newfoundland Mi’kmaq be registered under the Indian Act as a band with no reserve land if they met the established membership eligibility criteria.
From 2004 to 2006, the FNI and the Government of Canada agreed to undertake official negotiations for the creation of a band with no reserve land under the Indian Act for the Mi’kmaq of Newfoundland. In 2006, an Agreement-in-Principle (AIP) was reached that identified the process for recognition, the creation of a band with no reserve land, and specific FNI members who can vote on ratification. On November 30, 2007, the Government of Canada and FNI announced that they had completed negotiations and the Agreement-in-Principle was initialled, marking a historic day for the Mi’kmaq of Newfoundland. FNI members overwhelmingly ratified this AIP on March 2008 and Canada ratified it on June 2008.
On September 26, 2011, the creation of the Qalipu Mi’kmaq First Nation Band was announced. The creation of the band was advanced to improve the quality of life and economic prospects of the new band’s membership. Through the creation of the band, Newfoundland’s Mi’kmaq are recognized as a band under the Indian Act. The registration of members of the Qalipu Mi’kmaq First Nation follows the creation of the band and members will receive a Temporary Confirmation of Registration Document from Aboriginal Affairs and Northern Development Canada, pending the issuance of a Certificate of Indian Status. This document indicates that the individual named therein is registered as an Indian under the Indian Act and may access benefits and/or services conferred to Registered Indians.
