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The Qalipu Mi’kmaq First Nation Band class action lawsuit alleging membership applications were wrongfully rejected has reportedly been certified by a Federal Court.
Lead plaintiff, Gerald Brake, said that Class Members’ application to join the Qalipu Mi’kmaq First Nation Band were inappropriately rejected under a 2013 supplement to the 2008 Agreement for the Recognition of the Qalipu Mi’kmaq Band. Notice of the class action lawsuit Canada was filed in 2017.
The original plaintiff, Gerald, has since passed away and the court has appointed another lead plaintiff, Gregory Collins, to represent Class Members.
Under the terms of the Qalipu Mi’kmaq band class action lawsuit Canada certification, Class Members include individuals who applied for membership in the Band, but whose application was denied under the 2013 supplement to the 2008 agreement recognizing the Qalipu Mi’kmaq.
Individuals do not need to take any action to remain in the Qalipu Mi’kmaq band class action lawsuit; however, those who wish to remove themselves from the class action lawsuit must do so by Jan. 14, 2021.
Membership in Band Halted After High Number of Applications
The Qalipu Mi’kmaq Band was first formed in 2008 pursuant to a June 23 agreement.
The First Nation band class action lawsuit points out that enrollment criteria under the 2008 agreement was simple. Applicants had to establish four criteria to become members, including their Canadian Indian ancestry, a substantial connection with the Mi’kmaq Group of Indians of Newfoundland, self-identification as a member of the group, and acceptance by the group.
According to the plaintiff’s lawyer’s website, Canada proceeded to approve 92% of nearly 24,000 applications made to join the Qalipu Mi’kmaq Band; however, under a 2013 supplement to the agreement, Canada allegedly began to reject applications. The class action lawsuit argued that, under the supplement, Canada unfairly changed membership criteria and proof requirements. Additionally, these changes were made retroactively, claimed the plaintiffs.
The enrollment process was halted in 2012 after a phase 2 application deadline passed, notes the Qalipu Mi’kmaq Band class action lawsuit. At this point, over 100,000 applications had been submitted; however, a substantial number of applications had not been processed. During this time, Canada changed the requirements of the application, applying these changes to applications that had already been submitted.
The First Nation Band class action lawsuit claimed that the federal government of Canada unfairly tried to walk back membership in the Qalipu Mi’kmaq Band due to the unusually high number of applications.
According to the class action lawsuit, the federal government issued the following statement when it enacted the 2013 supplement to the band’s 2008 agreement: “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.”
What Does Certification Mean?
According to the certification notice, there is currently no money or other damages available to Class Members in the Qalipu Mi’kmaq First Nation Band class action lawsuit. The plaintiff is asking the Federal Court to set aside rejected applications for membership in the Band, along with monetary damages for Class Members, along with lawyer and court fees.
Individuals who believe they qualify for the Qalipu Mi’kmaq Band class action lawsuit do not need to take any action to remain Class Members. Those who remain in the Class will be bound by future court decisions if they do not remove themselves. Class Members will be notified of any future monetary awards, along with instructions about how to make a claim.
Other First Nation Class Action Lawsuits Certified
Recently, two class action lawsuits in Canada alleging First Nation’s child welfare services were underfunded were certified by a Federal Court. The pair of lawsuits seeks billions in damages for children who allegedly suffered due to agency underfunding.
The first of these First Nation class action lawsuits was filed by former foster children who claim that a disparity in federal funding of child welfare programs created an incentive to remove children from their community.
The second complaint was filed by a former foster child who was also a member of a First Nation. He alleged that he was shuttled to over a dozen foster homes as a teen due to discriminatory policies in the child welfare system.
Certification of these class action lawsuits paves the way for potential settlements between the federal government and First Nation members. Those who believe they may be a Class Member in the Qalipu Mi’kmaq First Nation Band class action lawsuit are asked to contact the lawyers representing the plaintiffs in the case.
Was your application for membership in the Qalipu Mi’kmaq First Nation Band rejected? Tell us what happened in the comment section below!
The Plaintiffs are represented by Koskie Minsky LLP.
The Qalipu Mi’kmaq First Nation Band Class Action Lawsuit is Brake v. Attorney General of Canada, Case No. T-300-17, in the Federal Court of Canada.
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4 thoughts onQalipu Mi’kmaq First Nation Band Class Action Lawsuit Certified
My story is no different than most our heritage and culture was hidden from us for fear of racial abuse.
When is become comfortable to start the conversation, my world changed as I now had a cultural identity. I was in on the 2008 qualifying round and was accepted.
Its amazing how a GOVERMENT, can approve my cultural identity and then 5 years later tell me as a native I do not exist.
I have a multitude of family members who are approved yet I also have family members who were rejected after they had been approved.
Give me back my identity and cultural history. This in its own right stinks of Racism.
My grandmother was in a residential school, taught English and Catholicism. She was afraid to teach any culture for fear her 8 children would be banished from the community. The Canadian government won, and we were all raised “white”. I’m on a journey of self identification… I’m living for my grandmother, I want my identity, the one the government “literally” stole in the first place. Now they are changing the rules, and saying “tough luck you didn’t self identify before 2008” … I was only a teenager with only rumours and whispers of my culture. It was my understanding that I needed government permissions to self identify. I’m happy there’s a class action lawsuit, I deserve the right to be native. I deserve to respect and honour my own culture, but the Canadian government stole that from our whole family, and now are trying to steal that from me too.
Hello there yes I to was wrongfully rejected form the Qalipu Mi’kmaq First Nation Band. With no reason why I was denied my rights as a Mi’kmaq first nation india. They gave rights to me father and me little brother but when it came to mine they denied my application. Wrongfully taking me rights from me and now told if I stays in this law suit I will lose my rights. What rights they have already taken that way from me. They opened this band with out doing there research and blame us for the fuck ups. Welcome to Canada where we screw the hard working canadians. This is a government issue and I feel they should pay for losses of rights.
We also need a new cheif that will stand up for us.