Question 1

How can we access the Statement of Intent forms, and where do we send these forms?

Accepted Answer

Forms are available on the MCNS website and will be available at all community engagement sessions.  Please send the signed forms to Maurice Law #203, 21553 Chief Lapotac Blvd., Box 830 Enoch, Alberta T7X 3Y3. You can also email an e-signed or hand-signed and scanned copy to jcampagna@mauricelaw.com. Refer back to the MCNS website for further news and information.

Question 2

Who is the Michel Callihoo Nation Society, and why is Canada accepting MCNS as a representative voice in s. 17 Indian Act exploratory talks?

Accepted Answer

Canada invited several descendants from The Friends of Michel Society, The Descendants of Michel First Nation Association, The Unity Group, The Michel Band United for Justice, and the Michel Corporation to join together as The Michel Callihoo Nation Society (MCNS). As a unified collective, we have begun exploratory talks with Canada about the submission of a Band Creation Request under s. 17 of the Indian Act.

Under a Protocol Agreement prepared by the representative groups, MCNS leadership consists of two directors from each of the five groups. Other groups declined to participate. If a new Band is created, a Chief and Council will be elected to represent the Band’s interests.

Question 3

What are the exploratory discussions with ISC about?

Accepted Answer

Under s. 17 of the Indian Act, the Minister may create a new Band and establish a Band List. The Minister of ISC does not have the authority to reinstate a Band, so MCNS have formally made a request for Band recognition under s.17 of the Indian Act for the descendants of former Michel Band #472. Throughout this process, MCNS has engaged with ISC in exploratory discussions which continue to this day.

Question 4

What is the process by which the Indigenous Services Canada (ISC) Minister will form a new Band with an Initial Band List?

Accepted Answer

The process is currently being explored in discussions between Canada (ISC) and the MCNS. Canada is responsible for recognizing who qualifies as a registered Indian under the Indian Act. Few Bands have been created over the last several decades, so ISC is investigating what processes are required to create the initial Band list.
The following process is intended to ensure “informed consent” is obtained from potential members:

MCNS is reaching out to contact descendants to advise them about the exploratory discussions.
MCNS sends a Statement of Intent (SoI) to descendants.
The SoI process is intended to update contact lists and identify who might be interested in joining the new Band.
Subject to a positive review of MCNS’ submission request for band recognition under S.17 of the Indian Act, a determination will be made whether to enter into formal band creation discussions. This process will entail that:
MCNS will share Statement of Intent information with Canada.
MCNS prepares a draft Membership Code, or Codes (and other Governance Codes) that will be shared with descendants in various consulting engagements.
MCNS determines the characteristics identifying a descendant and places that understanding within the drafted Membership Code.
Canada will determine who is registered or eligible to Register. This process will be affected by the progress of Bill C-38.
With input from MCNS, the Initial Membership List will be created by Canada. This list will be used to establish who can vote in referendums and elections.
After the Band is created and governance laws are in place, the Chief and Council, with the support of membership, can create a First Nation-controlled Membership Code under section 10 of the Indian Act.  Section 10 Bands have the authority to include non-status people as members of the Band.

This process may change as exploratory and more advanced discussions develop.

Question 5

Will the s.17 process allow unregistered people on the Initial Band List? Will Band Creation give status to all children? Does blood quantum affect the possibility of being added to the membership list?  Can my kids transfer to the new Band from my existing Band?

Accepted Answer

Individuals must apply and be eligible to register in order to have their name on a section 11 Band List controlled by ISC. Blood quantum is used by Native American tribes in the United States, but not for Indian status.  Band creation is not expected to circumvent the provisions for registration, so children would have to be eligible in order to obtain status (some may be impacted by the second-generation cut-off). MCNS has not yet developed a draft Membership Code clarifying who is and isn’t a potential member. Although it hasn’t been passed into law yet, Bill C-38 is intended to allow descendants of the 1928 and 1958 enfranchisement to qualify for Indian Act status.

Currently, it is assumed that individuals on the 838 Alberta General List who are descendants registered on other lists could transfer to the Initial Band List. It is important for descendants who want to be part of the Initial Band List, or future membership list, to complete the statement of intent on our website and send it to Maurice Law at:

jcampagna@mauricelaw.com
	Suite 203, 21553 Chief Lapotac Blvd.
	Box 830
	Enoch, Alberta
	T7X 3Y3

Please continue to visit the website and attend community engagement events for more information.

Question 6

What is the timeframe for the Minister to constitute a New Band under s. 17 of the Indian Act?

Accepted Answer

There are a few steps that are required under the Policy and band creation has been known to be a multi-year process. MCNS’ Band Creation submission is currently under assessment by ISC. That assessment will result in a determination about entering into formal band creation discussions.

Question 7

Will the Michel descendants of those who accepted scrip be eligible for the Initial Band List?

Accepted Answer

Although the Indian Act is currently silent on the issue, families impacted by scrip may not be eligible for registration but it is on a case-by-case basis. Bill C-38 is not intended to allow descendants of people who took scrip to become eligible for registration under the Indian Act. However, federal officials have told MCNS that the inequities related to scrip may be addressed in the future.

Question 8

Will membership to the 838 Alberta General List be required to reapply to the New Band?

Accepted Answer

This category of Michel descendants, as well as non-status descendants will need to complete a Statement of Intent form and forward it to Maurice Law at  jcampagna@mauricelaw.com - Suite 203, 21553 Chief Lapotac Blvd., Box 830, Enoch Alberta T7X 3Y3, to alert Canada and MCNS that they are descendants interested in becoming part of the potential Initial Band List.

Question 9

What is the purpose of the Statement of Intent form?

Accepted Answer

The Statement of Intent identifies a person who would like to become a member and be added to the Initial Band List. 
Providing your current address/contact information, children and dependent adult information, and registered/registerable Indian Act status will help Canada and MCNS form the Initial Band List.

The Statement of Intent is not an application for registration under the Indian Act or a promise that the applicant will become a member of the new Band.

Canada is not expected to place a name on the Initial Band List without reviewing a completed Statement of Intent for that person (or persons).

Question 10

What does dependent mean, is one form needed for each adult?

Accepted Answer

Dependent means those children (or adults) that live with you, or you care for as they are unable to care for themselves. Each adult must fill out a separate form, unless a dependent(s) in your household is an adult.

Question 11

How long do we have to send a completed Statement of Intent to MCNS?

Accepted Answer

Given that MCNS’s Band creation submission is currently under review, there is currently no deadline for completing and sending the Statement of Intent to Maurice Law. Prior to Canada’s determination on whether to enter into a formal Band Creation process with MCNS, Maurice Law is pro-actively collecting Statements of Intent from Michel descendants. The Statement of Intent must be completed before the Initial Band List is created. The timeline for the Minister to create a Band under s 17 of the Indian Act is unknown. The sooner you complete a Statement of Intent and provide it to Maurice Law, the easier it will be to ensure you will be considered for the Initial Band List if the MCNS enters into a formal Band Creation process with Canada.

Question 12

Is the Statement of Intent only for Registered/Status Indians?

Accepted Answer

The Statement of Intent’s purpose is to identify descendants interested in becoming a member of the new Band, regardless of status eligibility. All interested descendants should complete the SoI and forward the form to Maurice Law. Descendants can include those on the 838 Alberta General list, other Band Lists, descendants who have joined Métis organizations, descendants waiting for Bill C-38 to become eligible as an Indian under the Indian Act, and descendants eligible to register under the Indian Act, but never have. Not all who complete the Statement of Intent will be placed on the initial Band list, but it is important to complete the form and send it to Maurice Law to start the process.

Question 13

Does filling out a Statement of Intent mean the MCNS Board speaks for me?

Accepted Answer

No. The SoI only demonstrates if a descendant is interested in membership on the Initial Band List. If discussions progress past exploratory, the Minister will want electors to vote in a referendum, indicating support for a new Band.

Question 14

Who will be the leadership of the descendants at the time the Minister constitutes the proposed new Band?

Accepted Answer

This is one of many questions being considered during exploratory discussions with Canada.  There is no definitive answer yet. MCNS will be undertaking engagement sessions on an election code in the coming months.

Question 15

Who will be able to vote on the s 17 Band Creation Process and following proposed First Nation Election?

Accepted Answer

The initial Band list will be used by Canada to identify an initial voters list.  Individuals identified on the initial list who have reached the age of majority will be asked to vote on a referendum, indicating to the Minister that descendants are or are not in favour of creating a new Band. The Initial voters List will be used for the first election. Canada controls the Initial Band List, the initial list will be a section 11 Indian Act membership list.

Question 16

Will descendants (status and non-status) be consulted in the development of the membership and election codes of the proposed new First Nation?

Accepted Answer

Yes. MCNS is planning a process to inform and obtain feedback on draft governance codes. Maurice Law and MCNS are reviewing several codes from across Canada and are considering the pros and cons of different codes.

Question 17

How will the existing election codes of the various Michel descendants’ groups apply?

Accepted Answer

These election codes will not apply to the new First Nation, although they may be studied by the drafting team.

Question 18

Will the proposed new Band be a Treaty 6 Band?

Accepted Answer

Yes. All exploratory discussions presume all Treaty 6 benefits will apply. Exploratory discussions also presume that any Treaty benefits/claims will be addressed as a “Specific claim”. The source of these claims (the wrongdoings) was discussed at the June 10 Community Engagement. Part of those wrongdoings includes the complete loss of Michel Band # 472’s Indian Reserve # 132 (25,600 acres) of land.

Claims cannot be addressed until the new Band is recognized. S. 17 does not allow a Band to be reinstated; it only allows the Minister to create a new Band. MCNS’s priority is facilitating the creation of a new Band.

MCNS and Canada are not entertaining discussions negotiating a modern-day Treaty.

Question 19

Can Alberta interfere with or halt the Minister from constituting a new Band under s. 17 of the Indian Act?  Can Alberta interfere with or halt the settlement of prospective Treaty 6 Specific Claims?

Accepted Answer

No, Band creation is entirely within the power of Canada through the Minister’s discretion as set out in s. 17 of the Indian Act.

If the proposed Band is created, it will engage with Crown Indigenous Relations and Northern Affairs Canada (CIRNAC) to address Specific Claims. The question of Alberta’s role in land claims is premature.

Question 20

What can be done for 838 Alberta General List Indians to access tax free gas and cigarettes?

Accepted Answer

Individuals registered to the 838 Alberta General List can access tax free gas and cigarettes on reserve. You are an eligible consumer if you are an 'Indian' as defined in the Indian Act (Canada), who is 16 years of age or older. To receive a tax or levy exemption, eligible individuals must present at the time of purchase either a:

Certificate of Indian Status (status card) or
Temporary Confirmation of Registration Document

The government of Alberta has a tax exemption website at https://www.alberta.ca/alberta-indian-tax-exemption.aspx for additional information.

Question 21

If the Minister constitutes a new band, will Canada assure us the reserve will be somewhere appropriate and not isolated?

Accepted Answer

Discussions with Canada have not advanced to this stage as Canada has not yet made a determination on whether to enter into a formal Band Creation process with MCNS.  Negotiations regarding land are complex and any land being added to reserve would be subject to the Additions to Reserve Policy. If an Addition to Reserve is pursued, MCNS will work collaboratively with Canada on this process.

Question 22

Treaty 8 allows for reserves “in severalty” for individual members. Is it possible to have “individual” reserves for members and their family?

Accepted Answer

No, Treaty 6 does not provide for Indian reserve lands in severalty.

Question 23

Since the New Bands, Band Amalgamation Policy, 1991, have there been new Indian reserves set aside for new First Nations?

Accepted Answer

Yes, Woodland Cree First Nation, Lubicon Lake Band No. 453, Smith’s Landing First Nation, Peerless Trout First Nation, all in Alberta.

Question 24

Will Bill C-38 address the second-generation cut-off rule or Métis Scrip question?

Accepted Answer

Not initially, but both issues are being considered under subsequent phases of engagement and consultation. After the introduction of Bill C-38 in Parliament, in December 2022, Minister Hajdu publicly committed to launching a co-developed consultation process.

Question 25

Will Bill C-38 be adding more registered status members?

Accepted Answer

Yes. Approximately 3,500 individuals over the next five years could be newly eligible for registration. Bill C-38 is expected to allow descendants of the 1928 and 1958 enfranchisement to become eligible to register. If the Bill does not pass, this group will not be entitled to registration under the Indian Act.

There are an estimated 1100 Michel descendants who may become eligible for registration as Status Indians because of the proposed amendments.

Question 26

How is MCNS being funded?

Accepted Answer

Canada has provided MCNS with Professional and Institutional Development (P&ID) Program Funding to support the exploratory talks. Additional funding related to Bill C-38 engagement has also been approved.

The use and disbursement of funds must be audited and must be used for approved purposes under the funding agreement with Canada.

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