AFN National Chief falsely stated she was co-operating with investigation into complaints against her, briefing note says

Assembly of First Nations National Chief RoseAnne Archibald falsely stated that she was co-operating with an external investigation into complaints made against her by AFN employees during an interview last month, according to a briefing note written by AFN external counsel.

The investigation was opened after four complaints of harassment were filed against the National Chief. A fifth complaint was filed in mid-June, says the July 4 briefing note obtained by The Globe and Mail. It is addressed to the AFN’s executive committee.

The document offers a chronology of the National Chief’s actions since she was suspended by the executive committee on June 17 and details efforts of the executive committee to dissuade Ms. Archibald from disclosing confidential information, amid possible legal issues.

“Following her suspension, the National Chief engaged in a dual-track campaign to undermine the legitimacy of her suspension,” the document reads, saying Ms. Archibald unlawfully disclosed confidential information and made unfounded allegations of corruption within the AFN, as well as seeking that her suspension be overturned in court.

In response to questions, Ms. Archibald’s lawyer, Aaron Detlor, wrote in an e-mail: “We have no comment on your questions other than the National Chief is working in a fully co-operative and reconciliatory manner with the various structures of the AFN to ensure that the spirit and letter of the recent AFN resolutions are honoured.”

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The executive committee initially banned the National Chief from attending the AFN’s annual general assembly, which was held in Vancouver last week, though eventually reversed course. Ms. Archibald’s suspension and her allegations were the focus of discussion at the assembly, where she received widespread support.

The majority of chiefs and proxies voted against a resolution supporting her suspension, and 75 per cent voted in favour of a review of the AFN’s financial policies and a potential forensic audit, which Ms. Archibald has repeatedly called for.

The briefing note details the period between mid-May, when the four complaints were filed, and July 3, including the hiring of an external investigator on June 14. It says that on June 21, external counsel for the AFN contacted Ms. Archibald’s counsel about her participation in the investigation, but did not receive a response.

Two days later, Ms. Archibald was interviewed by the CTV’s Evan Solomon, who asked, “I know you’re not allowed to comment on this, but you are co-operating with the investigation against you?”

“That’s right, yes,” she replied.

Describing that interview, the briefing note says Ms. Archibald “falsely states that she is co-operating with the investigation.”

On June 24, the external investigator wrote to Ms. Archibald’s counsel to discuss her participation and also received no response, the document says. On June 30, the investigator e-mailed again, and “while counsel for the National Chief acknowledges receipt of the correspondence, no substantive response regarding the National Chief’s participation in the investigation is provided.”

In early 2021, a series of informal complaints alleging bullying and harassment were made against Ms. Archibald while she was Ontario Regional Chief. The complaints also led to an external investigation, in which an investigator spoke with seven of the 10 people who made allegations. Each declined to file a formal complaint, expressing concerns about being identified, according to a May 3, 2021 report acquired by The Globe.

Five people were concerned that they would be targeted by Ms. Archibald, if identified, according to the report. The informal complaints are in addition to the five that were filed over the past two months.

The July 4 briefing note also details Ms. Archibald’s efforts to prove her allegations of corruption. At a meeting held by the Union of B.C. Indian Chiefs in late June, Ms. Archibald shared a confidential memo dated October 30, 2020 related to the termination of two AFN employees, the briefing note says.

APTN News, which acquired a copy of a memo with the same October 30 date, reported that it shows an AFN staff member received a “retiring allowance payout” of $191,143 in 2019. At the same time, the staff member was given a part-time contract. While that employee, along with one other, were terminated over the affair, it was kept quiet. This incident raised “red flags” for Ms. Archibald, according to a different document received by APTN.

On June 28, the National Chief wrote an e-mail to all First Nations chiefs across Canada stating that the complaints against her were orchestrated by AFN CEO Janice Ciavaglia, according to the briefing note. Bryan Baynham, a lawyer for Ms. Ciavaglia, said in an e-mail that the CEO “played no role in preparation of the complaints in question” and “did not see them before they were filed.”

On July 1, Ms. Archibald sent a second mass e-mail to the chiefs, writing that she was providing documents that she said disclosed corruption within the AFN, the briefing note says. That included a 13-page list of contractors the AFN worked with between 2020-2022, as well as the amounts of those contracts.

The following day, the AFN began receiving “complaints and demand letters” from contractors on the list, according to the briefing note, which says that the AFN’s counsel then informed Ms. Archibald’s counsel that she had breached her fiduciary duties and would be held liable for any damages caused by her conduct.

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