Final arguments in membership challenge to be heard next week
The home of the Newfoundland and Labrador Supreme Court in St. John's. — Pam Frampton/SaltWire NetworkST. JOHN'S, N.L. — Testimony has wrapped up, but observers across the country are interested to see what comes of a court case in St.
As a study in how Indigenous identity is argued and legislated in the modern era, the case has captured the attention of Indigenous groups and advocates across the country, some of whom say it could set a precedent., a One Arrow First Nation member who teaches law at the University of Alberta, says the point system implemented in 2013 is particularly intriguing.
“A point system may sound weird, but the moment we start creating boundaries of who’s in and who’s out, the question of criteria does become necessary” she told CBC Radio’sthis week."Can the court really impose a one-size-fits-all approach to this issue? I think that does seem inappropriate on first blush. Indigeneity can’t be reduced to straight-forward arithmetic.”
Existing Indigenous bands in Canada decide for themselves how to assess membership, but the Qalipu case presents a unique dilemma because the Federation of Newfoundland Indians is more of a steering committee than a recognized native entity. “It’s now just about who the collective recognizes, but what is the collective, and how do you define its members in the abstract?” Pearl said.Here’s a timeline of how the Qalipu First Nation came into being.Newfoundland becomes Canada’s 10th province, but the Indian Act is not applied to existing Indigenous groups, leaving their status within the federation undetermined.
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