Principle

Memorial University is committed to Indigenization and reconciliation with Indigenous Peoples. This commitment was formalized through the creation and ongoing implementation of the Strategic Framework for Indigenization 2021‐2026. The Strategic Framework responds to the Truth and Reconciliation Commission (TRC) report in 2015 and the subsequent adoption of Universities Canada’s Principles on Indigenous Education. Additionally, the University recognizes the right to self‐determination of Indigenous communities, nations, and/or governments per Section 35 of the Canadian Constitution Act of 1982, the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and the TRC. Memorial University recognizes Indigenous Peoples’ rights to determine their own membership/citizenship in accordance with their own governance, customs, traditions, and procedures. Consistent with Indigenous protocols of engagement and relationship building, one who is Indigenous shares who they are and the living community to which they belong.

Purpose

To provide a framework for verifying Indigenous membership/citizenship at Memorial University, in a manner that is consistent with Indigenous protocols and practices.

Scope

This policy governs the verification of Indigenous membership/citizenship at all Memorial campuses, across all units. All members of the university community share the responsibility for upholding the policy to protect Indigenous space (e.g. Indigenous‐specific positions, funding, scholarships, etc.) for Indigenous people at Memorial University. The policy is applicable to any opportunity within the University that is specifically set aside for, or takes into consideration, Indigenous membership. This includes but is not limited to: hiring for staff and faculty positions; designated seats for Indigenous students; awards, scholarships, fellowships, bursaries, and funding opportunities slated for Indigenous people; opportunities of advantage such as material gain or reputational benefit. The policy is applicable to all members of the University community, including, but not limited to: researchers, faculty, instructors, staff, students, members of governing bodies, Elders, Knowledge Keepers, cultural advisors, and persons entering into relationships with the University. This policy will not be applied on a retroactive basis. However, the policy will be applied if an existing member of the Memorial community applies for a new opportunity.

Definitions

American Indian, Alaskan Native, Native Hawaiian: Under U.S. law and federal regulations, an ‘American Indian’ refers to “…any individual who is a member or a descendant of a member of a North American tribe, band, Pueblo or other organized group of native people who are indigenous to the Continental United States, or who otherwise have a special relationship with the United States or a State through treaty, agreement, or some other form of recognition. This includes any individual who claims to be an Indian and who is regarded as such by the Indian tribe, group, band, or community of which he or she claims to be a member” (Title 45 CFR §1336.10 – Definitions).

‘Alaskan Native’ refers to a person who is an Alaskan Indian, Inuit, or Aleut, or any combination thereof. “The term also includes any person who is regarded as an Alaskan Native by the Alaskan Native Village or group of which he or she claims to be a member and whose father or mother is (or, if deceased, was) regarded as an Alaskan Native by an Alaskan Native Village or group” (Title 45 CFR § 1336.10 – Definitions).

‘Native Hawaiian’ refers to “an individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778” (Title 45 CFR § 1336.10 – Definitions).

Citizenship/Membership: refers to an individual’s relationship to a living community. Many Indigenous Peoples emphasize their existence as nations. Some prefer to use the term citizenship, while others, as well as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), prefer to use the term membership. This policy uses both terms interchangeably.

First Nation: refers to one of three recognized Indigenous Peoples of Canada, along with Inuit and Métis. The term can be used to refer to a single band or the plural First Nations for many bands. The term is also used to refer to federally recognized communities in place of the term reserve. This term came into common usage in the 1970s to replace the term ‘Indian’ and ‘Indian band’ which many find offensive.

Frivolous, vexatious, or extraneous reporting: ‘Frivolous’ reporting is the reporting of false claims that are devoid of merit.

‘Vexatious’ reporting is the reporting of false claims that seek to intentionally annoy, embarrass, harass and/or harm.

‘Extraneous’ reporting is the reporting of false claims that are irrelevant and/or unrelated to the purpose of this policy.

Indigenous: is an umbrella term used by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Indigenous Peoples are inheritors and practitioners of unique cultures and ways of relating to people and the environment. They are living collectives that maintain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Due to Indigenous being an umbrella term, whenever possible use the specific terms relevant to an individual or Recognized Indigenous Collective.

Material gain: is a tangible advantage for students, faculty, and staff accessed through opportunities such as, but not limited to: staff and faculty positions, designated seats, awards, scholarships, fellowships, bursaries, funding, and other opportunities. See also reputational benefit.

Métis: refers to distinct Indigenous Peoples with a unique history, culture, language, and territory. They are descendants of individuals born of relations between First Nations People and European settlers that resulted in the creation of the Métis Nation.  Section 35 of the Constitution Act, 1982 included provision for the recognition of Métis alongside First Nations and Inuit. 

Recognized Indigenous Collective: For the purposes of this policy, a ‘Recognized Indigenous Collective’ in Canada is either 1) an Indigenous collective that is recognized by the federal government as an Indigenous people of Canada within the meaning of section 35 of the Constitution Act, 1982, or 2) is accepted as an Indigenous collective by their federally-recognized neighbours. Neighbours include those with whom a Recognized Indigenous Collective has historical relationships, with particular attention being paid to relationships within the three Indigenous groups under Section 35, specifically: First Nations to First Nations relations; Inuit to Inuit relations; and Métis to Métis relations.   

Outside of Canada, a Recognized Indigenous Collective is defined by local Indigenous practices concerning citizenship/membership and, where applicable, with consideration of the legal frameworks that may be present in the nation-states with which they co-exist.  

Relationality: is a central concept within Indigenous worldviews; it is the concept that we all exist in relationship to one another, all living beings, and to the world around us. Relationships are the spiritual and cultural foundations of Indigenous Peoples. Relationality is at the core of how the world is known and understood, and how Indigenous Peoples know themselves and their responsibilities to one another.

Reputational benefit: is an advantage that is non-monetary in nature but promotes the reputation of the individual. A reputational benefit may best be understood as something an individual could use as indicative of merit. This may include, but is not limited to: non-monetary awards, honorary degrees, formal consultation, university communications, speaking engagements, designated Indigenous seats on boards or committees. See also material gain.

Section 35 of the Constitution Act: Section 35 is the part of the Constitution Act that recognizes and affirms Indigenous/Aboriginal rights. This 1982 amendment to the Canadian Constitution was led by Indigenous Peoples for Indigenous Peoples, and is the basis on which the criteria for Recognized Indigenous Collectives in this policy is founded.

Self-declaration: (sometimes referred to as self-identification) is to state or announce something about oneself without external validation or confirmation. Self-declaration depends on the honour system, is individual rather than relational, and does not rely on a verification process. Institutions across Canada are moving away from self-declaration as the standard method used to identify Indigenous faculty, students, and staff. The exclusive reliance on self-declaration of Indigenous citizenship/membership is no longer sufficient due to the number of false claims by individuals that have emerged in recent years. 

Self-determination:  the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes Indigenous Peoples’ right to self-determination, with respect to determining their political status and self-government which includes membership, and freely pursuing their economic, social and cultural development.

UNDRIP: the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an international instrument adopted by the United Nations on September 13, 2007, to enshrine (according to Article 43) the rights that “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” UNDRIP protects collective rights that may not be addressed in other human rights charters that emphasize individual rights, and it also safeguards the individual rights of Indigenous people. 

University Community: is comprised of all people who teach, conduct research, study, or work at or under the auspices of the University and includes, without limitation, all employees, all students; and any other person(s) while they are acting on behalf of, or at the request of, the University.

Verification: is the act of checking or confirming that something is true. Verification is consistent with Indigenous practices around the globe; it is not a colonial practice but an adaptation of Indigenous ways of being and knowing. To share who we are and how we are connected to a community has always been an Indigenous practice.  

Policy

1.0 Rationale

Indigenous Peoples around the world are united by worldviews rooted in relationality – the concept that we all exist in relationship to one another and to every facet of the world around us. To share who we are and how we are connected to a community and a place has always been an Indigenous practice. 

This policy establishes a procedure for the verification of Indigenous citizenship/membership; this will be accomplished through documentation. Verification is consistent with Indigenous practices around the globe; it is not a colonial practice but an adaptation of Indigenous ways of being and knowing.  This policy is not about determining or verifying an individual’s identity. Indigenous citizenship/membership is rooted in relationality, unlike identity which is personal, cultural, and multidimensional.

Memorial University does not have the authority to decide who is or is not Indigenous, but rather relies on legal frameworks and existing Indigenous structures to understand, respect, and reinstate Indigenous practices of citizenship/membership. Consistent with Indigenous practices, the questions to be asked are “Who do you belong to?” and “Who are you accountable to?”, and the responses provided must be verifiable. Verification will be required for assertions of Indigenous citizenship/membership with the University, where that claim may result in material gain, reputational benefit, or where the absence of verification would be otherwise contrary to the principles of this policy.

Memorial University recognizes the persistent legacies of colonialism and their continued impacts on Indigenous Peoples, communities, and governments. This necessitates an approach that honours and supports the diversity of Indigenous realities and experiences that affect citizenship/membership, such as, but not limited to: residential schools, the Sixties Scoop, Indian Act exclusions, and other assimilationist policies and practices of colonial institutions. This policy respects the specific experiences of First Nations, Inuit, and Métis in Canada; American Indians, Alaskan Natives, and Native Hawaiians in the United States; and global Indigenous Peoples around the world.

1.1 Self-declaration vs. Verification 

A distinction must be made in all reporting to differentiate between verified Indigenous students and employees and self-declared Indigenous students and employees. There are reasons to continue to use self-declaration, particularly the collection of data on the number of Indigenous students and employees for demographic purposes. Self-declaration is also used for employment equity surveys. However, without proceeding through the verification process, individuals will not be eligible for Indigenous-specific opportunities.

2.0 Recognized Indigenous Collectives

Memorial University recognizes that an exclusive reliance on self-declaration of Indigenous citizenship/membership is no longer sufficient due to the number of false claims by individuals that have increased in recent years. This issue is further complicated by the growing number of collectives across Canada claiming to be Indigenous. Section 35 of the Constitution Act establishes, within Canada, legal definitions of who is Indigenous, and recognizes and affirms Indigenous rights and protections. This 1982 amendment to the Canadian Constitution was fought for by Indigenous people for Indigenous people, and is the basis on which the criteria for Recognized Indigenous Collectives in this policy is established. Recognized Indigenous Collectives per Section 35 does not include communities or groups in various stages of claim with the Government of Canada or with provincial/territorial governments and whose outcome is not yet determined (these groups may become “rights-bearing” once outcomes of those processes are finalized). 

Memorial University recognizes that the diversity of Indigenous Peoples extends far beyond the designation of First Nations, Inuit, and Métis. Outside of Canada, Recognized Indigenous Collectives are defined by local Indigenous practices concerning citizenship/membership, with consideration of the legal frameworks that may be present in the nation-states with which they co-exist.

False claims of Indigenous citizenship/membership in university spaces emerge, in part, due to a lack of meaningful relationships with Recognized Indigenous Collectives. Strengthening Memorial University’s meaningful relationships with Recognized Indigenous Collectives is, in part, accomplished through the implementation of a verification policy that respects the right of Recognized Indigenous Collectives to determine their own citizenship/membership in accordance with their own governance, customs, traditions, and procedures. 

2.1 Recognized Indigenous Collectives in Canada

The University will utilize a dual approach to identify Recognized Indigenous Collectives within this policy, which includes Indigenous and federal recognition practices. One approach is federal recognition within the meaning of Section 35 of the Constitution Act, 1982. The other approach is recognition as an Indigenous collective by their federally-recognized neighbours. Neighbours include those with whom a Recognized Indigenous Collective has historical relationships, with particular attention being paid to relationships within the three Indigenous groups under Section 35, specifically: First Nations to First Nations relations; Inuit to Inuit relations; and Métis to Métis relations.  

2.2 Recognized Indigenous Collectives outside of Canada

When verification is necessary for citizenship/membership with a Recognized Indigenous Collective outside of Canada, an equally consistent standard of rigor will be applied in a manner respectful of the community’s local practices, protocols, and traditions. Where applicable, local legislation, legal definitions, and/or frameworks will also inform the verification process. These situations will be addressed by the Committee as needed, and may include interview(s) with the applicant, research, and communication with the community/group.

3.0 Verification Pathways

Verification pathways are provided for Recognized Indigenous Collectives in Canada (section 3.1); American Indians, Alaskan Natives, and Native Hawaiians in the United States (section 3.2); and global Indigenous Peoples (section 3.3). 

3.1 Verification Pathways for Recognized Indigenous Collectives in Canada

Under the policy, an applicant will follow one of the three verification pathways for membership/citizenship with a Recognized Indigenous Collective in Canada: Pathway A requires the applicant to confirm their connection to a Recognized Indigenous Collective through the submission of primary documentation; Pathway B requires the applicant to confirm their connection to a Recognized Indigenous Collective through the submission of secondary documentation; Pathway C is reserved for specific incidents of displacement resulting from assimilationist policies and practices of colonial institutions.

3.1.1 Pathway A: Primary Documentation from a Recognized Indigenous Collective in Canada

For the purpose of verification under Pathway A, the documentation that must be provided is a copy of official membership, with a Recognized Indigenous Collective, that is current and unexpired. Please see the Verification Procedure for Applicants.

3.1.2 Pathway B: Secondary Documentation from a Recognized Indigenous Collective in Canada

Where the provision of the documents under 3.1.1 cannot be provided, verification under Pathway B is contingent on approval from the Recognized Indigenous Collective to which the applicant claims connection. For verification, the applicant must submit a statement of relationality with a Recognized Indigenous Collective and a letter from an official representative. Please see the Verification Procedure for Applicants.

3.1.3 Pathway C: Displacement and Disconnect 

Where the provision of the documents under 3.1.1 or 3.1.2 cannot be provided, Pathway C may be applicable. This pathway responds to instances of displacement in which the individual is attempting to reconnect with community and cannot demonstrate membership/citizenship with a Recognized Indigenous Collective. This may include, but is not limited to, assimilationist policies and practices of colonial institutions such as residential schools, the Sixties Scoop, Indian Act exclusions, and the foster care system or adoption. Please see the Verification Procedure for Applicants.

3.2 Verification Pathway for Indigenous Peoples in the United States 

In the case of American Indians/Native Americans, Alaskan Natives, or Native Hawaiians, documentation from tribal nations that are federally recognized should be provided for verification. Please see the Verification Procedure for Applicants.

3.3 Verification Pathway for Global Indigenous Peoples

In the case of global Indigenous Peoples, documentation from their Recognized Indigenous Collective should be provided for verification. UNDRIP defines the right of Indigenous communities to determine their own membership in accordance with their customs and traditions. Please see the Verification Procedure for Applicants. 

4.0 Responsibilities and Duties

4.1 Verification Committee

The Verification Committee has the primary responsibility of verifying the documentation submitted under the policy. Duties involved in this process may include review of the documentation provided, research, interview(s), and communication with external communities/groups. The Verification Committee also functions to confer with the Special Advisor to the President on Indigenous Affairs (SAPIA) on matters specific to the policy and its University-wide implementation. Please see the Verification Committee Terms of Reference. 

4.2 Members of the University Community

The implementation of the Indigenous Verification policy is a shared responsibility of all members of the University Community. All members of the community are expected to:

1. familiarize themselves with and comply with this policy and its related procedures;
2. where and when appropriate, direct others to the policy and its related procedures;
3. consult with the SAPIA or delegated authority regarding opportunities under the policy that require verification of Indigenous citizenship/membership and, if necessary, refer persons to the SAPIA.

4.3 Members of the University Community with Academic and/or Administrative Authority

Those Members of the University Community with academic and/or administrative authority, including any individuals in positions relevant to Indigenous-specific opportunities, bear the responsibility to maintain working and learning environments that support Indigenous verification for Indigenous-specific opportunities. This includes but is not limited to:

1. participating in, and supporting participation in, education about this policy and its related procedures;
2. adhering to the policy and procedures in order to facilitate informed and efficient implementation of the policy; 
3. responding to instances of Indigenous citizenship/membership verification that occur in the unit in a timely and confidential manner.

4.4 Special Advisor to the President on Indigenous Affairs

The SAPIA or delegated authority has the primary responsibility for the implementation of the Indigenous Verification policy and procedures. Additionally, the SAPIA or delegated authority will provide related educational initiatives and resources to the University Community. 

5.0 Student Supports

Resources will be made available to students who are navigating the policy. Please see section 5.0 of the procedures.

6.0 Compliance/Non-Compliance 

The Indigenous Verification policy applies to all members of the Memorial University community. Individuals who are found to have falsified or enabled the falsification of information or documents provided to the Verification Committee may be subject to disciplinary action within the University’s applicable jurisdiction. Such disciplinary action shall follow the appropriate procedures as outlined in the relevant University policy, collective agreement, or legislation, as applicable. 

6.1. Confidential Disclosure

The SAPIA or the delegated authority is responsible for ensuring that reports of false claims of Indigenous citizenship/membership are brought to the attention of the Verification Committee. The Verification Committee will determine whether and how to proceed with an investigation of false claims. As the university allows for self-declaration, reports of false claims will only be investigated should they concern Indigenous-specific opportunities.

All disclosures made under the policy and all investigations arising out of such disclosure will be handled in a timely, confidential, and sensitive manner and will not be disclosed or discussed with anyone other than those individuals with a legitimate need to know. All individuals involved in investigations arising from such disclosure shall keep the details and results confidential and not disclose any information without authorization. 

University employees who believe they have specific, verifiable evidence of false claims to Indigenous citizenship/membership as defined in this policy may disclose such concerns by bringing the matter to the attention of the SAPIA or delegated authority. Frivolous, vexatious, or extraneous reporting under this policy may be subject to disciplinary action for such reporting.

The University prohibits reprisals for good-faith reporting of false claims and will respond promptly to any concerns regarding retaliation linked to this type of disclosure.

7.0 Reconsideration

If an applicant’s citizenship/membership with a Recognized Indigenous Collective is not confirmed through the verification process, the opportunity for reconsideration can be implemented if new documentation is provided. The submission of documentation does not constitute verification. For more information, see procedure 4.0.

8.0 Information Management

Information collected pursuant to this policy will be retained in accordance with the records retention policy of Memorial University and any associated schedules as applicable.

9.0 Confidentiality and Privacy

Memorial University recognizes the history of misuse of Indigenous information in academia. The safeguarding of all personal information for Indigenous verification is of utmost importance. All information and documentation collected in the verification process will be used only for the purpose for which it was gathered. Information may be shared for the purpose of verification with the Recognized Indigenous Collective if necessary. 

The University recognizes that the privacy of the individuals affected by this policy is of the utmost importance. Confidentiality is to be ensured and information is to be managed as prescribed under the Access to Information and Protection of Privacy Act, 2015 (ATIPPA 2015). 

Personal information collected to support Indigenous citizenship/membership verification is managed in compliance with ATIPPA 2015 and Memorial’s Privacy policy.  Access to personal information is restricted to university employees whose duties require such access to process verification requests. 

For more information on how Memorial University manages personal information, please see the Information and Privacy Access Office website. Questions on the collection of personal information to support the Indigenous Verification policy may be addressed to iap@mun.ca

9.1 External Requests for Verification

University employees or students may seek Indigenous-focused opportunities from organizations that are external to Memorial University (i.e. research funding, scholarships, bursaries, awards, special seats, employment, committee appointments or admissions). For more information on external requests for verification please see procedure 6.0. 

Memorial University does not have the authority or the capacity to assist individuals in obtaining citizenship/membership with a Recognized Indigenous Collective.

10.0 Policy Review

Review of the policy will take place in accordance with the policy framework, and shall be conducted by a working group chaired by the Special Advisor to the President on Indigenous Affairs. 

11.0 Related Documents

This policy does not preclude the existence and use of other policies. 

Related Documents

Memorial University’s Vision, Mission, and Values

Strategic Framework for Indigenization
Respectful Workplace policy

Student Code of Rights and Responsibilities policy

Recruitment and Selection of Non-Academic Employees policy

Protected Disclosure policy

Gift Acceptance policy

Human Rights policy 

Information Management policy

Equity, Diversity and Inclusion in Employment policy

Employing and Hosting Foreign Nationals policy 

Retention and Disposal Schedules

Canadian Human Rights Act (R.S.C., 1985, c. H-6)

Employment Equity Act (S.C. 1995, c. 44) 

The United Nations Declaration on the Rights of Indigenous Peoples

Final Report of the Truth and Reconciliation Commission

Section 35 of the Canadian Constitution Act, 1982

Procedures: