M’CHIGEENG—While the Assembly of First Nations (AFN) executive committee has passed a resolution to recommend chiefs-in-assembly remove RoseAnne Archibald as national chief at their next meeting, a formal statement from the AFN lawyer providing details as to why will be revealed later this week, says Ontario Regional Chief Glen Hare.
Ten regional chiefs unanimously passed the resolution last Friday to oust National Chief Archibald. The motion was moved by New Brunswick AFN Regional Chief Joanna Bernard and seconded by Ontario Regional Chief Hare. The resolution states a human resources investigation into AFN Chief Archibald’s conduct found she breached the national organization’s harassment and whistleblower policy, along with its code of conduct and ethics. “The executive committee hereby denounces the national chief for her breaches.”
National Chief Archibald was not at the AFN executive committee meeting where the resolution was passed, as it would have been a conflict of interest.
The resolution, “Was a recommendation made after the findings in the investigation were completed,” Regional Chief Hare told The Expositor Saturday evening. “The information (into the investigation) was shared with us, and we made the decision on that.”
“A lot of it is still confidential,” stated Regional Chief Hare. “And the resolution will still have to go to the general assembly to make the final call.” He said the issue is very sensitive “and that is why we are being so secretive at this time.” However, “There is a statement being prepared (from the AFN executive committee lawyer) that hopefully will be out by next Friday. I know everyone is wondering what exactly is going on, including our First Nation leadership.”
“I would like to share everything we know with the chiefs right now,” said Regional Chief Hare. “But this will all come out in the statement to be released.”
AFN National Chief Archibald responded to the executive committee’s resolution in a statement made by her press secretary, Andrew St. Germain. “The AFN executive committee is out of line and their motion is completely unnecessary as 75 percent of First Nations-in-Assembly overwhelmingly endorsed my leadership and approach to create more transparency and accountability to the AFN. Resolution 3/2022 is very clear that it’s the First Nations-in-Assembly who are to receive and consider the report, not the AFN executive committee, who are yet again overstepping their authority. Once the report is shared publicly, everyone will know the truth.”
In an April 21 statement, National Chief Archibald said in her own interpretation of the investigation’s results that she had been vindicated.
The investigation had been conducted in the spring of 2022 after four of AFN Chief Archibald’s senior staff had filed bullying and harassment complaints against her. A fifth complaint had been made by the AFN chief executive office at the time.
Raquel Chisholm, an Ottawa based employment lawyer, was hired by the AFN to oversee the investigation. Investigators provided five reports, one for each complainant, according to the resolution. It also explains the reports cannot be disclosed to the chiefs-in-assembly due to confidentiality requirements of the AFN’s harassment policy and the Canada Labour Code. However, the AFN lawyer who investigated will prepare a summary of the five reports for the chiefs-in-assembly, including the context of the executive committee’s recommendation.
The resolution also notes the executive committee says the lawyer found National Chief Archibald had two harassment complainants, contrary to the AFN’s workplace violence, discrimination and harassment policy. And the resolution says she breached the confidentiality requirements of the harassment and whistleblower policy, and code of conduct and ethics, in the five reports. It is reported by CBC News that investigators found that the AFN National Chief had retaliated against all five people for bringing forward their complaints.
The AFN executive committee resolution also notes that the AFN national chief’s actions have put the AFN at risk of “significant liability for constructive and wrongful dismissive charges, (as) well as other statutory and common law damages through her actions.”
In June 2022 regional chiefs suspended the national chief after the initial complaints had been made against her. However, in July, the First Nation leaders voted against continuing the suspension.
Regional Chief Hare said, “the ultimate decision (on the recommended motion) will be made at our AFN assembly in Halifax July 13.”
