The late Mr. Jerry Brake, with the help of Koskie Minsky LLP, has initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications for Qalipu Band membership were rejected in accordance with the Supplemental Agreement for the Recognition of the Qalipu Mi’kmaq Band dated July 4, 2013 (the “2013 Agreement”). Mr. Gregory Collins has now been appointed to replace Mr. Brake.
The Qalipu Mi’kmaq Band was formed pursuant to the Agreement for the Recognition of the Qalipu Mi’kmaq Band dated June 23, 2008 (the “2008 Agreement”). The application process commenced in 2008. During the application process, after receiving and approving 23,877 (92%) applications, Canada entered into the 2013 Agreement. It is alleged that the 2013 Agreement unfairly retroactively changed the criteria to become a member and what proof requirements applicants would have to meet. Under the 2013 Agreement, approximately 82,630 out of the 104,000 applicants were rejected. Only 21,370 (21%) applicants were accepted.
This class proceedings alleges that the establishment and implementation of the 2013 Agreement was unlawful. In addition, it is alleged that Canada breached its fiduciary duties to the class and class members rights under the Canadian Charter of Rights and Freedoms by establishing and implementing the 2013 Agreement for unlawful or improper purposes.
If you applied to join the Qalipu Mi’kmaq Band and have been rejected, please contact us at 1 800 315 5570 or email us at email@example.com.