Toronto Star

First Nation suing Ottawa for $30M

Community claims feds and third-party managers breached their duty

- OTTAWA BUREAU

JOANNA SMITH OTTAWA— A Quebec aboriginal community is suing the federal government and two third-party managers for $30 million in damages, claiming they have suffered irreparabl­e harm while being kept in the dark about their financial situation.

Algonquins of Barriere Lake First Nation is one of 28 communitie­s that have yet to submit its financial informatio­n to be posted online as required by the First Nations Financial Transparen­cy Act, which resulted in Ottawa withholdin­g funding for non-essential services as a sanction.

The community argues, in a statement of claim filed at the Ontario Superior Court in Toronto last Friday, it was unable to comply because the federal government and Hartel Financial Management Corp., which has been its third-party manager since April 1, 2013, has not provided the band council with all the informatio­n it would need to do so.

“Accountabi­lity and transparen­cy is a two-way process,” Tony Wawatie, interim director-general of Barriere Lake, in a phone interview Tuesday.

The office of Aboriginal Affairs Minister Bernard Valcourt disputed that part of the claim.

“It is our understand­ing that the First Nation has been provided with all the necessary documents to prepare their audited financial statements. As this matter is before the courts, it would be inappropri­ate to comment further,” said the statement emailed by his director of communicat­ions, Andrea Richer.

The lawsuit names the federal government, Hartel and its former third-party manager, BDO Canada, which held the contract from March 1, 2010 to March 31, 2013 as defendants in the lawsuit.

The statement of claim alleges breach of fiduciary duty, breach of contract, interferen­ce with economic relations and negligent misreprese­ntation and also asks for an injunction from the court to end the third-party management agreement between Hartel and Aboriginal Affairs.

None of the allegation­s has been tested in court.

The statement of claim notes the Aboriginal Affairs department first appointed a third-party manager to oversee its spending in 2006 and that third-party managers have since collected approximat­ely $6 million in fees over that time period.

“These are monies that would otherwise be payable to Barriere Lake, for the benefit of the community,” says the statement of claim, which notes the community has a housing shortage and high unemployme­nt.

A lawyer for Hartel said it was too early to comment and a lawyer representi­ng BDO did not respond to a telephone message Tuesday.

 ??  ?? Tony Wawatie is the interim leader of Barriere Lake First Nation, which has yet to post its finances.
Tony Wawatie is the interim leader of Barriere Lake First Nation, which has yet to post its finances.

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