WHY DO WE NEED TO DEFINE WHO IS MI’KMAQ?
In recent years, there have been many individuals self-identifying as Mi’kmaq or Métis in Nova Scotia. Leadership and community members have expressed concerns about the creation of fraudulent identification cards used for things like harvesting moose and fish, and used for tax-exemption purposes. You have said that “only the Mi’kmaq can say who is Mi’kmaq”, and that “only the Mi’kmaq have Rights in Nova Scotia”. We took those messages and your input to develop a process to determine just that – a Mi’kmaq process – one that defines who we are, by our own ‘rules’ and in our own way. Wula Na Kinu is YOUR process.
WHAT IS WULA NA KINU ABOUT?
This Process is about identifying who the heirs (or Mi’kmaq holders of Aboriginal and Treaty Rights) are in the province of Nova Scotia. More importantly, this is not a process that is meant to re-create the Indian Act or replace its processes of recognition of Status – of who is an “Indian” in Canada. Nor is this process about impacting band membership; band membership is determined by the individual bands.
We know that we have non-Mi’kmaq who participate in our events, live in our communities, or are in relationships with Mi’kmaq. While they may be considered “community members”, they are not Mi’kmaq. As self-governance progresses, the Mi’kmaq may develop a citizenship process that acknowledges these individuals as part of the broader Nation, but right now we need to have a process that clearly defines who can access our Mi’kmaq Rights.
WHAT DOES WULA NA KINU MEAN?
Wula Na Kinu translates in English to “This Is Who We Are”.
WULA NA KINU PROCESS VS. ONLINE ANCESTRY SEARCHES?
When creating this process for the Mi’kmaq of Nova Scotia, we were told to take our cultural understandings and develop rules based upon those teachings. What we heard is that the most important thing about being Mi’kmaq is family connections. You have clearly stated that to be a Mi’kmaw of Nova Scotia, a person must ancestrally be Mi’kmaq. However, the English word “ancestry” does not translate and explain Mi’kmaq concepts of family and connection in the same way. The Mi’kmaq explain ancestry through concepts like tami wetapeksin, wenik kikmaq, wenik kujjewijik, and tami tleyawin. It is about your relations – who is your family, what are you roots and to whom you are related. That is why this became “rule” number one of your process.
When we went to communities or talked to Mi’kmaq, you were clear that our identity comes from our family so that is the heart of this process. Family connection then became a rule for eligibility; an applicant must demonstrate that they have ancestry to at least one of the Mi’kmaq families recognized in Nova Scotia.
“Rule” number 2 is acceptance. The Mi’kmaq Nation must accept an individual as a Mi’kmaw of Nova Scotia. Our customs, traditions and practices connect many aspects of Mi’kmaq life. Even if a person hunts, makes baskets, attends powwows, and harvests sweetgrass, this does not mean a person is L’nu according to Mi’kmaq customs, traditions and practices.
HOW WERE COMMUNITY MEMBERS INVOLVED IN BUILDING THIS PROCESS?
Multiple forms of engagement were conducted –including meetings with band councils, the Grand Council, think-tanks, symposiums, regional sessions, community visits, focus groups, Elders Committees, youth competitions, webinars and Mi’kmaq Maliseet News Articles. This has been the focus of discussion at a number of Nationhood Conferences. As well, we put out a call to all practicing Mi’kmaw lawyers in 2017 to establish a Mi’kmaq Lawyers Committee to review the draft process, advise on changes and draft the Appeals Process. Over the last two years, the Mi’kmaw lawyers have been fundamental in advising on this work. We have also met with the SDA Committee and membership clerks.
HAVE YOU SHARED THIS WORK WITH OTHER PARTS OF MI’KMA’KI?
We regularly update the other negotiation tables on this work. All our research and process has been shared. While we have presented to the Grand Council on several occasions, we also provided an update on this work to all the Mi’kmaq chiefs within Mi’kma’ki in May 2019.
WHAT TYPE OF LEGAL ANALYSIS WENT INTO THIS WORK?
In addition to being reviewed by our Mi’kmaw lawyers’ committee, this work has completed two rounds of legal review. The first Administrative Review was done to review all documents to ensure procedural fairness, to make sure that the criteria and process is transparent and easy to understand, to make sure that the Enrollment Committee is impartial and independent from Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO) and the Assembly of Nova Scotia Mi’kmaq Chiefs, to review Human Rights Law, Privacy Law and to ensure that considerations impacting a person’s connection to their family or the Nation is taken into consideration (like residential school, the Sixties Scoop, the child-welfare system, domestic or intimate-partner violence or abuse, gender-based discrimination under the Indian Act, reasons related to personal characteristics such as gender, disability, family or marital status, or other impacts of colonialism).
The second legal review, looked at the process through a “cultural lens to consider the application of the documents from a Mi’kmaq, community perspective.
HOW DOES THIS PROCESS WORK?An applicant must fill out an application form and supporting documents, which can be found here.
The completed application will be submitted to the
Enrollment Committee Office. In step two, the Enrollment Officer will issue a
Letter of Receipt that the application was received. Applicants with an
incomplete application will be informed.
Step three: the Application will be reviewed by the Enrollment Committee.
If the Enrollment Committee does not feel the application has enough
documentation to satisfy meeting the Eligiblity Criteria, the Enrollment
Committee may request additional documentary evidence, have a conversation with
the applicant “Come have Pitewey With Us”
and/or establish an Advisory Committee to verify the applicant’s eligibility.
The last step – step four – is notice of decision, where a person will be
issued a Letter of Decision informing them whether they have been approved or
rejected. If they have been rejected, they will be given reasons why.
HOW DO I APPLY?
When the process is launched, you can contact the Enrollment Office for an application or locations where paper applications are available or, apply online here.
HOW DO I CHECK THE STATUS OF MY APPLICATION?
You can contact the Enrollment Office.
WHAT IF MY APPLICATION ISN’T ACCEPTED?
If an application isn’t accepted, an applicant has four options:
- Do nothing; or
- Request that the Enrollment Committee reconsider its decision; or
- Appeal the decision of the Enrollment Committee to the Appeals Board, or
- Reapply after the least of two years.