Decision in Qalipu First Nation membership court challenge 'a long time coming,' says former member

The people behind a Newfoundland and Labrador Supreme Court challenge against the agreement that changed the Qalipu First Nation enrolment process say they're pleased with the result — even though they didn't get exactly what they asked for.

In her decision released last week, Justice Valerie Marshall said the federal government likely pressured the Federation of Newfoundland Indians (FNI) — the group that established Qalipu First Nation — to change the enrolment process when thousands more people applied than expected.

The new enrolment system awarded points to applicants based on evidence they presented in a number of sections — including, controversially, proof of maintenance of Mi'kmaw culture and way of life.

Margaret Cranford, a founding member of Qalipu First Nation and a member of the FNI, was one of the thousands of people removed from the landless band when she was reassessed under the point system.

"It was absolutely devastating," she said in an interview with CBC News on Friday. 

She called Marshall's decision "major."

"I feel really positive about the outcome — it's been a long time coming," she said. "It's been hurtful. We've lost a lot of family members that are not here to share in the joy of this ruling."

Marshall said the FNI committed membership oppression against the five plaintiffs in the court challenge because it didn't follow its own bylaws when it entered into a supplemental agreement with the federal government to change the enrolment process.

"In my view it would neither be just nor equitable to undo the supplemental agreement, which has already been performed," she said.

Though she didn't overturn that points system, Marshall said she understood its negative impact on the plaintiffs in the case.

"To have their status granted, and then revoked, has hurt the plaintiffs," she said. "The loss of status represents loss of their identity, their heritage and their ancestry." 

Cranford said Marshall's finding was affirming.

"It's like somebody validating what you've known all along," she said.

In some ways, the ruling is as complex as the decades-long chain of events which led up to the trial.