Attawapiskat Court Ruling: Judge Won't Remove Appointed Third-Party Manager

First Posted: 02/ 3/2012 4:34 pm Updated: 02/ 3/2012 5:38 pm

OTTAWA - A Federal Court judge has refused to remove the federal government's third-party manager appointed to handle the affairs of a northern Ontario reserve.

The Attawapiskat First Nation sought a temporary injunction to remove the manager appointed last year by Aboriginal Affairs Minister John Duncan.

The community argues the imposition of the outside manager threatened irreparable harm.

Chief Theresa Spence says the third-party management is costing the community money it should be spending on housing and other needs.

Judge Michael Phelan refused to issue the injunction.

In a ruling Friday, he said the community had not demonstrated that the third-party manager would cause real and lasting harm.

He did order the two sides to work together on acquiring 22 trailers to alleviate the community's housing crisis.

The trailers have to be brought in on ice roads, and their arrival date is uncertain because of weather.

However, the judge ordered the manager to pay for the trailers as soon as the proper invoices are handed over.

He said that doesn't mean the community, the applicant in the court case, has to accept the legitimacy of the third-party manager.

"The applicant shall not be required to accept, acquiesce or acknowledge the legality of the appointment of the TPM (third-party manager) in order to secure payment of the invoices," he wrote.

Attawapiskat lies close to the shore of James Bay and has a troubled past, including floods and housing shortages.

Last fall, it became a focus of national attention when Chief Spence declared a state of emergency over a housing crisis.

Families were facing the winter in rundown shacks or tents. The Canadian Red Cross flew in supplies.

Duncan appointed the financial manager in response to the crisis. His officials also arranged to acquire the stop-gap trailers.

The judge wrote briefly about the terrible conditions at Attawapiskat, noting: "How conditions such as these could occur in a country as rich, as strong and as generous as Canada has yet to be determined. That issue is for another day."

Spence and her fellow band councillors are bitterly opposed to the third-party manager.

Judge Phelan acknowledged the anger in the case.

"It is not necessary at this stage of the judicial review application to deal in depth with the various back-and-forth exchanges and positions adopted. It is sufficient to say that there is a significant amount of frustration, anger and distrust."

New Democrat MP Charlie Angus, who represents the area, says the ruling raises questions about the legitimacy of the third-party manager.

"The judge is sending a message that the third-party manager is not there to usurp the legitimate role of the band council," he said in an email.

"He is to pay the receipts. So the question comes back to, Why should such a poor community pay $20,000 a month to a guy who is simply there to rubberstamp the work the band is already doing?

"What needs to be clarified is why is the TPM sitting on money that should be going to teachers and the school?"

Also on HuffPost:

ABORIGINAL PROTESTS: FROM OKA TO CALEDONIA
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  • Oka Crisis

    Canadian soldier Patrick Cloutier and Saskatchewan Native Brad Laroque alias "Freddy Kruger" come face to face in a tense standoff at the Kahnesatake reserve in Oka, Quebec, Saturday September 1, 1990. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Shaney Komulainen)

  • Oka Crisis

    A warrior raises his weapon as he stands on an overturned police vehicle blocking a highway at the Kahnesetake reserve near Oka, Quebec July 11, 1990 after a police assault to remove Mohawk barriers failed. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Tom Hanson)

  • Oka Crisis

    A Quebec Metis places a stick with an eagle feather tied to it into the barrel of a machine gun mounted on an army armored vehicle at Oka Thursday, Aug. 23, 1990. The vehicle was one of two positioned a few metres away from the barricade causing a breakdown in negotiations. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Bill Grimshaw)

  • Oka Crisis

    A Mohawk Indian winds up to punch a soldier during a fight that took place on the Khanawake reserve on Montreal's south shore in 1990. The army broke up the fight by shooting into the air. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (CP PHOTO)

  • Ipperwash

    Two aboriginal protesters man a barricade near the entrance to Ipperwash Provincial Park, near Ipperwash Beach, Ont., on Sept. 7, 1995. (CP PHOTO)

  • Ipperwash

    Ken Wolf, 9, walks away from a graffiti-covered smoldering car near the entrance to the Ipperwash Provincial Park in this September 7, 1995 photo. A group of aboriginal protesters were occupying the park and nearby military base. (CP PHOTO)

  • Caledonia Protests

    Caledonian activist Gary McHale (right) is confronted by a Six Nations Protester as he attempts to lead members of Canadian Advocates for Charter Equality (CANACE) in carrying a makeshift monument to Six Nations land in Caledonia, Ont., on Sunday February 27, 2011. CANACE claim inequality in treatment for Caledonian residents from Ontario Provincial Police compared to that of the Six Nation population. They planned to plant a monument of six nation property to demand an apology from the OPP, but were turned back by protesters. THE CANADIAN PRESS/Chris Young

  • Caledonia Protests

    First Nations people of the Grand River Territory stand with protest signs as they force the redirection of the Vancover 2010 Olympic Torch Relay from entering The Six Nations land Monday, December 21, 2009 near Caledonia, Ontario. The Olympic torch's journey across Canada was forced to take a detour in the face of aboriginal opposition to the Games, with an Ontario First Nation rerouting its relay amid a protest from a splinter group in the community. (THE CANADIAN PRESS/Dave Chidley)

  • Caledonia Protests

    Six Nations protesters guard the front entrance of a housing development in Hagersville, Ont., just south of the 15-month aboriginal occupation at Caledonia on Wednesday, May 23, 2007. The protest was peaceful. (CP PHOTO/Nathan Denette)

  • Caledonia Protests

    Mohawk protestors block a road near the railway tracks near Marysville, Ont. with a bus and a bonfire Friday April 21, 2006. The natives showed their support to fellow natives in Caledonia, Ont. where they were in a stand off with police regarding land claims.(CP PHOTO/Jonathan Hayward)

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OTTAWA - A Federal Court judge has refused to remove the federal government's third-party manager appointed to handle the affairs of a northern Ontario reserve.The Attawapiskat First Nation sought a t...
OTTAWA - A Federal Court judge has refused to remove the federal government's third-party manager appointed to handle the affairs of a northern Ontario reserve.The Attawapiskat First Nation sought a t...
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Donna Meness
www.findmaisyandshannon.com
04:41 PM on 02/06/2012
But an expert on indigenous affairs and a former legal councillor said that third-part
­y management is a common political tool used by the federal government­­.

"And of course for First Nations, that third-part­­y management is known as a budgetary death sentence," said Pamela Palmater, who is the head of Ryerson University­­'s Centre of Indigenous Governance­­.

"You don't just one day suddenly put someone in third-part­­y, it's something that's worked on with the First Nation. It's clearly for political reasons," she told CTV's Power Play.

Read more: http://www­­.ctv.ca/C­T­VNews/To­pS­tories/­201­11208/­atta­wapis­kat-o­ttaw­a-cons­ult­ant-mon­ey­-111208/­#­ixzz1gI4B­­o4R3

FOR REFERENCE:

http://www­­.zcommuni­c­ations.o­rg­/top-di­plo­mat-s-­repo­rt-to­-mini­ster­-laid-­out­-strate­gy­-for-gov­e­rnment-su­­bversion-o­­f-algonqu­i­n-commun­it­y-by-ma­rti­n-luka­cs

( Breaking news about the actually report )

http://rab­­ble.ca/ne­w­s/2010/1­2/­stop-ca­nad­as-cul­tura­l-gen­ocide­-bar­riere-­lak­e

&

http://www­­.publicsa­f­ety.gc.c­a/­prg/le/­ap/­_fl/Na­viga­ntRep­ort-e­ng.p­df
http://www­­.ammsa.co­m­/node/14­53­1
http://www­­.constitu­t­ional-la­w.­net/pik­ang­ik.pdf

For some more background on the Feds use of "third party management­­" as a control tool, check out this blog establishe­­d by Lonefighte­­r Leader Milton Born-With-­­A-Tooth (Peigan Tribe, Blackfoot Confederac­­y).

Trail of Tears 2006: Atlantic to Pacific Oceans

http://tra­­iloftears­2­006.blog­sp­ot.com/
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chuck nathaniel
Your micro-bio is pending approval
11:48 PM on 02/04/2012
The third party manager is not paid from Attawapiskat funds. The only wasting of funds is from the Chief delaying the proceedings.

What is she hiding?
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ejais
11:29 AM on 02/06/2012
that is where you are wrong....hes salary is taken from the funds that are set aside for necessary needs the community needs....ask any FN that is in third party. Aboriginal Affairs does not pay for his salary the band does on band level.
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chuck nathaniel
Your micro-bio is pending approval
09:54 AM on 02/07/2012
I see. Interesting. Any sort of corroborator?
Donna Meness
www.findmaisyandshannon.com
08:09 PM on 02/04/2012
Geeze this reminds me of something...

Let's see how development "helped" the Lubicon Cree in Alberta shall we? Since I usually like to quote from historical correct information available to John Q. Public...In DRUMBEAT:Anger & Renewal in Indian Country ISBN#0-929091-03-5 in the section entitled: The Lubicon of Northern Alberta... page 239

Destruction of the Lubicon traditional economy & way of life wasn't simply the "unfortunate result of contact." Itwas the calculated result of a deliberate legal strategy of the AB gov't.

This is how it worked: the lower courts could have held that those who would assert unextinguished aboriginal rights must be able to show that they con't to pursue a traditional way of life. The Alberta gov't deliberately destroyed their ecomony and way of life so that prov. lawyers could go to court & argue- that since the Lubicon no longer depended on their traditional ecomony, they no longer had aboriginal rights.. "

Most of the judges in AB &one of three judges on Canada's Supreme Court were previously employees of oil & gas or were to be boardmembers of said O&G companies, once retired. In 1985 the Lubicon Cree filed a formal complaint to the U.N. which pushed both levels of Canadian gov't to react. Alberta set their ombudsman to investigate but his mandate excluded both the landclaim ( which was the foundation) & the actions of said O&G co.
11:49 AM on 02/04/2012
How about getting some help for the people of your reserve rather than indulging your ego,Chief Spence!
10:26 AM on 02/04/2012
The UN was absolutely right to liken the conditions in Attawapiskat to a third world country. Watching the video and reading the article made me almost cry. It's absolutely deplorable that this is happening in the developed world. What's worse is that this is more than likely not the only community living in such horrific conditions and it seems more than likely that the Harper Government doesn't care and really more than anything would rather turn a blind eye to the situation rather than admitting that it's horrible and needs fixing.

As long as the oil companies get huge subsidies everything else be damned. It's a real shame.
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Hal Wood
12:31 AM on 02/04/2012
The Chiefs are not motivating their people at all, she herself stated it is impossible to get volunteers on the reserve. It is sad to see Indian pride is actually hate towards the white man. When you will not even do basic maintenance on your home and then complain of disrepair, you think they would at least try and hide that.They need to go out in the world to see what it has to offer, even the Amish do that. Hating so much that you refuse to take care of your enviroment has become a way of life for these reserves. You are only harming yourselves and the hate is coming back to you.
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Kristopher Leang
training to take down the elite
11:13 PM on 02/05/2012
yep its "hatred towards the white man" after 100 years of residential schools where generation after generation was physically, emotionally, mentally ect ect abused.

basic maintenant of what homes?? those sheds??

theres no hate coming back except for ignorant people like you . the article about the situation there has unleashed a wave of disgust against the government, not the naives.

but like any coward i mean conservative you blame the victim and disregard facts and history.
Donna Meness
www.findmaisyandshannon.com
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north of 60
Quando Omni Flunkus Moritati
11:03 PM on 02/03/2012
Conditions in Attawapisk­at are deplorable for some because they are not related to to the Chief and Council members. That's the way it is on many reserves. The corruption is epidemic on native reserves but of course it's not Politically Correct to discuss it openly.
08:33 AM on 02/04/2012
Yes, you might be accused of racism. Meanwhile on many reserves the Chiefs,council members and close relatives suck up most of the funds and the rest of the people go begging. This has been going on for many,many years and the result is third world conditions for many on reserves. Meanwhile the rest of Canadians who throw enormous amounts into reserves through the Government are criticized for allowing this. The only way to improve conditions is to take away the dictatorship and authority of the band councils who aren't living up to their responsibilies until some system of accountability is put in place to stop the corruption and favoritism. A lot of these so called leaders are out and out criminals and they won't change under the present system.
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patrickwwalker
10:46 PM on 02/06/2012
Actually, it sounds a lot like some municipal governments I know of with shady deals flying around and incompetence at a galactic scale.

First Nations get a double whammy. You end up with band offices with people with inappropriate skills in charge of running things as those that do have training simply leave for better prospects elsewhere.

I'm not against TPM, but quite often TPM managers pursue policy changes that benefit themselves and their friends at the expense of the first nation community they are supposed to be there to help.

Corruption is the bread and butter of the Western world. We're just better at hiding it behind euphemisms and slick accounting.
02:53 PM on 02/04/2012
If u are not related to the chief or council and if you speak up against them YOU find out when u come back shopping that either your house is burned down or destroyed either way u and family are home less... seen this happen in Burnt church area, Red Bank first nations... and big cove... i am native and white half and half even... i am so sorry for what the people are feeling when a chief and coucil don't listen at all.... this cheif has nice jacket on while others didn't have no jackets on or food to eat... where does she live NEVER did show her house..
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patrickwwalker
10:57 PM on 02/06/2012
Even if a corrupt band passes a BCR, it still needs approval from a litany of INAC bureaucrats, many of which are upstanding citizens who limit any damage by a C-i-C racket. This is also why participation by those on First Nation in governing affairs feel no need to fully participate.
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Murman
I read the news today, oh boy.
10:11 PM on 02/03/2012
Look, if you guys want to straighten it up yourselves up there then GET TO IT. If not, then just take my FU___RGING MONEY (which you will always do....) and SHUT UP already. I'm having a tough enough time trying to support myself without worrying about how your 'chiefs' are spending my tax dollars....SHEESH.
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All Seeing Guy
Center of the storm
10:03 PM on 02/03/2012
"The judge wrote briefly about the terrible conditions at Attawapiskat, noting: "How conditions such as these could occur in a country as rich, as strong and as generous as Canada has yet to be determined. That issue is for another day.""

Is Your Honor going to accept some lower wages to 'help out'.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
09:55 PM on 02/03/2012
This isn't the first time the chief has lied.
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Spanky McFarlane
ILLEGITIMUS NON CARBORUNDUM.
08:22 PM on 02/03/2012
Isn't it strange when all you have to offer in your 'tool box' is a hammer, how everthing begins to resemble a nail?

Harper is within the Federal right to have a 'Third Party oversee the financial affairs but that should never have been done until actual wrong doing was found.

This is yet another case of 'shoot first & ask questions later'. The 'Helena Guergis' debacle obviously taught Mr. Harper ZIP..
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north of 60
Quando Omni Flunkus Moritati
11:06 PM on 02/03/2012
Stop using every news incident for your Harper-bashing agenda. It's lame and it's getting stale. You lost, now move on and do something useful with your life instead of blaming every misfortune in your life on the current government leader.
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Spanky McFarlane
ILLEGITIMUS NON CARBORUNDUM.
09:03 AM on 02/04/2012
Sadly Nof60*, I must decline your underly polite request, as I fail to recognize the systemic plight of so many Canadian families as simply a 'news incident'.

While it is true that when the Conservatives came to power as you put it, "I lost", I don't feel as I am alone in that regard.

Indeed I can & do (unlike this Gov't) accept the blame for much of my "misfourtune" by not having a political affiliation prior to this lot taking office.

Now I'm stuck with an administration unwilling or incapable of accepting responsibility for anything , & I see my self ready to hold their 'feet to the fire'(& yours too if necessary) & to expose the soft underbelly of this bloated administration for having gourged itself on my tax dollars with so little to show but a line of Credit & a taste for more.

Happy Trolling- after all , it's still a free Country.....Right? (lol)
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thomdetroit
06:59 PM on 02/03/2012
No surprise there. Has a federal judge ever ruled in favour for Natives?
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CanadaStan
Cogito ergo spud, I think, therefore I yam
07:40 PM on 02/03/2012
Yes, many times.
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ejais
11:31 AM on 02/06/2012
examples canadastan....back up with statements please.
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All Seeing Guy
Center of the storm
08:04 PM on 02/03/2012
"No surprise there."

Agreed, they had no legal leg to stand on, and I trust no public dollars were wasted on this fool's errand.