Two former Federation of Newfoundland Indians (FNI) directors say their action to seeking standing in the ongoing legal action around the case of Benoit v. Federation of Newfoundland Indians was driven by a sense of duty to the community and their legal obligations.
The comment, attributed to the Qalipu First Nation’s Acting Chief Jenny Brake and Central Vice-Chief Andy Barker, was contained in a press release posted on the band’s website on May 7.
About the case
In Benoit v. Federation of Newfoundland Indians, the plaintiffs’ argued that they had been unfairly stripped of their membership in the band through the implementation of a supplemental agreement on enrollment that had been agreed to by the FNI.
In June 2023, Supreme Court of Newfoundland and Labrador Justice Valerie Marshall ruled that the plaintiffs in the case were entitled to a remedy in oppression against the FNI but not against Canada.
Marshall also ruled that the plaintiffs were not entitled to the remedy of rescission of the Supplemental Agreement.
The FNI filed a notice of appeal of Marshall’s decision, along with an application for a stay of proceedings, but right before the stay application was heard the former board of the FNI was replaced.
The new board instructed its new counsel to discontinue the application for a stay of proceedings and to discontinue the appeal.
Exceptional circumstances
On April 10, Justice William Goodridge of the Court of Appeal of Newfoundland and Labrador allowed the former FNI board members to seek standing to file a notice of appeal in the matter.
Goodridge said the former board had a clear intention to appeal and noted the exceptional circumstances of the board’s replacement.
Brake and Barker were FNI board members at the time of Marshall’s decision, as the FNI board was comprised of the Qalipu band council. They were removed from the FNI board on Oct. 23, 2023.
Their application was filed in the Court of Appeal on April 30, meeting the deadline set by Goodridge.
Common objective
Addressing concerns about the involvement of Qalipu First Nation directors or local chiefs in the process, Brake stressed in the press release the significance of unity and co-operation towards a common objective.
“We understand the potential perceptions but fulfilling our role as former members of the FNI board was necessary to ensure the process proceeds appropriately,” said Brake and Barker in the press release.
“Our efforts are geared towards reinstating disenfranchised members. This was our responsibility as FNI directors, and one we wish to continue.
"Our focus is to ensure that the veterans' file has an opportunity to be completed, and those who will gain membership in the Qalipu Band under that agreement are not delayed in any way.
"We wish to ensure that we have further opportunities to work with Canada to support the reinstatement of the members of the FNI including the many family members that are still seeking membership,” they said.
Assisting families
Brake and Barker said they remain dedicated to assisting families.
“The determination of who is eligible for membership is not the exclusive role of Qalipu First Nation or FNI. As directors of the FNI, we had an opportunity to advocate fully for those seeking reinstatement and we wish to continue to do so.”
The press release says the Qalipu First Nation continues to emphasize its steadfast commitment to upholding justice and ensuring equitable processes for all community members.
Brake and Barker’s application is scheduled to be heard by the Court of Appeal in St. John’s on May 21.
