'Friends of Qalipu' set to represent 80,000 applicants to the Qalipu Mi'kmaq First Nation this week
Represented by St. John’s-based law firm Browne Fitzgerald Morgan and Avis, the ‘Friends of Qalipu Advocacy Association’, a Newfoundland and Labrador Mi’kmaq group that are representing rejected applicants to the Qalipu Mi’kmaq First Nation are set to fight against the Federal Government and the precursor to Qalipu, the Federation of Newfoundland Indians (FNI), in a massive 3-week court trial in the Supreme Court of Newfoundland from January 16 – February 3, 2023.
Removal as ‘Status Indians’ a Sore Point
In the midst of several court cases against the Federal Government and the Federation of Newfoundland Indians by other groups and individuals, six determined applicants who felt they were wronged by the loss of their status (namely Shawn Benoit, Matthew Anderson, Marie Tapp Melanson, Bobbie Tapp Goosney, Paul Bennett, and Jennifer Sue Le Roux; collectively known as Benoit et al.) filed their own court case with Browne Fitzgerald Morgan and Avis of St. John’s, NL on February 2, 2018. This was tabled against the parties involved in constructing the controversial Supplemental Agreement with its Point System. The very same agreement that removed over 10,000 people as Status Indians. The Friends of Qalipu advocacy group who act as administrators for the funding of this case, has a large following instate Qalipu circles and has a very loyal base that is focused on fighting injustices imposed upon them.
Their Statement of Claim stipulates that as members of the Federation of Newfoundland Indians, the precursor to Qalipu Mi’kmaq First Nation, they were not afforded the possibility of voting on the Supplemental Agreement which tightened rules and some would say changed the criteria of membership within the band. That they say, was a direct violation of their rights as members of the Federation of Newfoundland Indians since the Supplemental Agreement was not ratified by its members. While the case primarily is concerned with the NL Corporations Act, it has many other facets.
For background on their initial filing, a court injunction was part of the Statement of Claim and was heard in the Supreme Court of Newfoundland in June 2018. While an injunction could not be issued against the Federal Government to halt the loss of Indian Status cards in August 2018, a strong declaratory order was issued in its place.
Trial Funded by the Rejected Applicants to the First Nation
It was determined last year by the Friends of Qalipu Advocacy Association (“FOQ”) that their fundraising goal to support their legal fight against the Federal Government and the Federation of Newfoundland Indians (“FNI”) had been reached. It came as a result of months of efforts by the Qalipu Mi’kmaq First Nation applicant-led group to raise the funds primarily from rejected Indian Status applicants. Many of these donors are set to attend court starting on Monday, January 16th where the largest court room has been made available to the public for viewing.
The upcoming trial is preceded by several court wins by the ‘Friends of Qalipu’ group in recent years including a 2019/2020 case that sought to have two very significant documents included in the trial as evidence. This case was particularly fought hard by the Federation of Newfoundland Indians and their legal representatives. The court would eventually rule with the ‘Friends of Qalipu’ group and the documents are undoubtedly set to appear in the upcoming trial.
Trial Provides New Hope
The trial will feature witnesses (including the plaintiffs) and arguments by all three parties involved. As rejected members of the Qalipu First Nation Band gather inside the St. John’s courtroom for the next three weeks, the hope that is on their minds is that they will be given another chance at what they feel is their birthright as First Nations people.
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