Federal government to implement Wells v. Canada (Attorney General) and reassess 58,000 applications for membership in the Qalipu Mi'kmaq First Nation

16 November 2018

Yesterday, representatives of the federal government and the Qalipu Mi'kmaq First Nation of Newfoundland announced that - as a result of the litigation advanced by Gowling WLG - it will reassess approximately 58,000 membership applications for membership denied on the basis of the evidentiary criteria set aside in Wells v. Canada.

The federal government also announced that it will now enter into exploratory discussions regarding the unfair treatment of veterans, RCMP officers, and other groups who have been particularly adversely effected by the enrollment criteria.

According to a press release issued by Crown-Indigenous Relations and Northern Affairs Canada, "individuals affected by the Wells v. Canada decision will be contacted by mail in January 2019 with information on how to submit additional documents to have their application reassessed. Those who wish to have their applications reviewed will be asked to submit the form and documents with a postmark no later than 100 days after receipt of their letter."

Jaimie Lickers and John Wilson of our Indigenous Law Group were honoured to represent David Wells and Sandra Wells in these matters through the generous support of the Mi'kmaq First Nations Assembly of Newfoundland. For more information, read our article Federal Court declares certain amendments to Qalipu Mi'kmaq First Nation Agreement unenforceable, unreasonable.

Gowling WLG continues to monitor these promising developments. For more information, please contact any member of our team.


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