Friends of Qalipu facts for kids
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| Nickname | FOQ |
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| Formation | April 1, 2013 20 December 2017 (incorporated) |
| Founded at | Newfoundland and Labrador |
| Legal status | Non-profit |
| Purpose | Activism, Indigenous rights, Plaintiff |
| Headquarters | Oakville, Ontario |
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Membership (2018)
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730 |
| Helen Darrigan
Pauline Tessier John Bouzanne |
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| Website | https://friendsofqalipu.ca/ |
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Formerly called
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Friends of Qalipu Applicants (2013-2017) |
The Friends of Qalipu Advocacy Association (say "ha-lee-boo" for Qalipu, which means Caribou) is a non-profit group from Newfoundland and Labrador. They represent people who were not accepted into the Qalipu Mi'kmaq First Nation. This group works to protect the rights of Mi'kmaq people in the province.
Contents
Understanding the Background
When Newfoundland joined Canada in 1949, a political leader named Joey Smallwood said there were "no Indians in Newfoundland." Because of this, the Mi'kmaq people in Newfoundland did not get the same official recognition as other Indigenous groups in Canada. They did not receive "Indian status" or become recognized as "First Nations."
Seeking Recognition for Mi'kmaq People
In 1973, a group called the Federation of Newfoundland Indians was created. Their main goal was to get the Canadian government to officially recognize the Mi'kmaq people of Newfoundland. By 1984, the Conne River Mi'kmaq community in Newfoundland was officially recognized. They were given "Status Indian" recognition under the Indian Act.
Five years later, in 1989, the Federation of Newfoundland Indians took the Canadian government to court. They wanted Mi'kmaq people in Newfoundland to be able to register under the Indian Act. This led to an agreement in 2008 between the Federation and the Canadian government. They agreed to create a "landless band" for Mi'kmaq people in the province. A landless band means the group is recognized as a First Nation, but they do not have a specific land reserve.
Challenges with the Application Process
The process for joining the new band, which would be called the Qalipu First Nation Mi'kmaq Band, took a long time. Over 100,000 people applied to join. This was a huge surprise to both the Federation of Newfoundland Indians and the government.
Because so many people applied, the process stopped. In 2013, a new agreement was made. This agreement made the rules for joining much stricter. As a result, more than 80,000 applicants were rejected.
Formation and Court Cases
In April 2013, the Friends of Qalipu Applicants group was started. It was formed by Helen Darrigan and Pauline Tessier, who were among those rejected from the Qalipu Mi'kmaq First Nation Band. Their goal was to create a place for applicants and members to share information. They also wanted to make people more aware of the problems with the application process. The group quickly gained many followers.
Taking Legal Action
In January 2017, John Bouzanne joined the group. Soon after, the group started talking to law firms. They wanted to challenge the new agreement on behalf of the rejected applicants. They hired lawyers from Browne Fitzgerald Morgan and Avis in St. John’s, NL.
Six rejected applicants were chosen to start the court case. Their names were Shawn Benoit, Matthew Anderson, Marie Tapp Melanson, Bobbie Tapp Goosney, Paul Bennett, and Jennifer Sue Le Roux. This case is known as "Benoit et al." They argued in the Newfoundland Supreme Court that the original members of the Federation of Newfoundland Indians did not get to approve the new agreement in 2013. They believe this went against their rights.
Court Decisions and Documents
In June 2018, the Supreme Court of Newfoundland held a hearing. This hearing was about stopping the removal of Indian Status cards from people who had been accepted but were later rejected. The court ruled in favor of Benoit et al.
During another hearing in November 2019, it was revealed that CBC Newfoundland and Labrador had a document from 2013. This document was part of the discussions with the government about who could join the band. The lawyers for the Federation of Newfoundland Indians threatened legal action, so the CBC did not release the document.
Soon after, a website called “Qalipu Secrets” appeared online. This website shared the Indemnity Agreement and other private documents. The band then released these documents to the public. The documents quickly spread online. The Friends of Qalipu's lawyers used these documents as important evidence in the Benoit et al. case.
The lawyers for the Federation of Newfoundland Indians (FNI) argued that these documents were protected by "solicitor-client privilege." This means conversations between lawyers and their clients are private. However, a court justice later decided that the FNI had given up this privilege because the documents were shared so widely. The FNI lawyers appealed this decision but lost.
As of January 2023, the Friends of Qalipu has over 1,045 members. The "Benoit et al." case was scheduled for a three-week trial in January 2023 at the Supreme Court of Newfoundland and Labrador.
See also
