From the Métis Nation of BC – Response to MNC Finance Minister

The original documents for these transactions of letters and emails can be found at:
http://local845.ca/wp-content/uploads/2008/04/pr_news19_8.pdf

It is a very large document and that is the reason that I have tried to post the text for the letters here.

The first letter is from David Chartrand to President Dumont
The second letter is from Bruce Dumont in response to President Chartrand
The third is an email sent by Ian Potter, Assistant Deputy Minister of Health Canada

Faxed Letter from Manitoba Métis Federation on Métis National Council Letterhead

Bruce Dumont, President
Métis Nation British Columbia
Suite 905 – 1130 West Pender Street
Vancouver, BC V6E 4A4

March 27, 2008

Dear President Dumont:

President Clement Chartier has referred your letter of March 10, 2008 for me to reply in my capacity of Finance Minister and Minister Responsible for MHRDA. I will respond to the substance of your concerns shortly. It is difficult to answer the financial issues you raise without first addressing the environment that they arise from.

Let me say at the outset that I wish to apologize to you for assuming that your public assurances made to the MNC National Assembly to support whoever won the MNC Presidency were sincere. It has not gone without notice in Ottawa that you have now appeared to change your position and are using financial concerns of your own creation as a pre-text to continue to undermine MNC operations. I understand that you indicated as much to a reporter from Windspeaker. I am informed that when asked whether you continued to support the MNC, you stated that you support the MNC, “but under a different leader.”

I also understand how naively important it is for you to continue to exploit the MNC current financial difficulties and I hold no hard feelings over you disingenuous attempts to blame others for your won misguided decisions. I have been around long enough to realize that, in you narrow politics, the interests of the Métis Nation as a whole is not a priority for you as it is for the rest of us. I am not happy that during you misguided and illegal attempt to assume the MNC Interim Presidency that you blew MNBC’s and other Governing Members bursary money. The difficulty we are now facing is a direct result of your actions in putting yourself forward as the Interim President – this move was proven in court to be contrary to the By-laws of the MNC and you had no authority to do so.

I clearly recall your statement to the press in which you were cited as saying the move on the Presidency would not have financial repercussions – how wrong time has proven you to be. In fact, it was that very event which prompted the chain of reaction leading to all of the MNC funding being cut. Time and again, you seem to believe that your ill-advised actions are not de-stabilizing to the MNC and time and again, you are wrong. During the court ordered October MNC Annual Assembly Roll Call, it was you, who personally called upon the provincially elected Board members of MNA to remove themselves from the table. Again, the courts agreed that these individuals were the rightful representatives of the MNA delegation.

I want to assure you however, that I am working with Health Canada and other federal departments to ensure that we correct your errors and financially stabilize the organization so that the MNC can meet its financial commitments.

President Chartier will be meeting with Minister Chuck Strahl and other Ministers to re-establish a working relationship with the federal government. We have found them to be more then receptive to re-establishing a strong and forward looking relationship.

With respect to the need to act on the MHRDA file, I would like to assure you that we are moving ahead on this priority file. It has not gone beyond notice that on March 3, 2008 you wrote requesting that MNC not speak for Métis in British Columbia and then a week later on March 10, 2008 you ask what steps MNC is taking to address this very important file. While you may wish to play politics with this file, I will not. We are making arrangements to meet with the National Chief of Assembly of First Nations and President Simon of the ITK to develop a coordinated strategy. We are reopening financial channels with HRDSC to secure $250,000.00 allocated to the MNC for fiscal year 2008/2009. We have been informed that the MNC will not be able to recover the $250,000 we lost last year due to your misguided efforts to take over the MNC.

With respect to the financial issues raised in your letter, I would refer you to the MNC Audited Statements which you yourself approved. We are working with our funding partners to address all outstanding funding issues and I wish to assure you that the MNC will meet all of its financial commitments to Governing Member when it is in a position to do so. The MNC Board of Governors will be meeting soon and I assure you, the matters raised in your letters will be discussed and all of the questions regarding the 2004/05 audit will be answered. I will be happy to share the results of our discussion at a later date. In fact, I am more than willing to meet with your Board and Assembly and present to you the facts of the matter. Just as Dale Leclair has previously dealt with you issues, you continue to misinterpret and misrepresent the facts of the situation. You can continue to believe that you are being clever in your attempt to create havoc at the national level; however, you are blatantly showing the weakness of your arguments and not showing the full facts with your Board and the Métis Citizens of B.C. is further evidence of your personal agenda. Your behaviour is truly detrimental to the well-being of the Métis Nation. I do look forward to meeting with you at the MNC Board of Governors meeting, in order to clarify the many misconceptions you espouse.

Meeqwetch,

President David Chartrand
Minister of Finance

cc MNC Board of Governors

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Monday, March 31, 2008

David Chartrand
Manitoba Métis Federation President
-and-
Métis National Council (MNC) Minister of Finance
Suite 201, 350 Sparks Street
Ottawa, ON K1R 7S8

Re: Métis Nation British Columbia (MNBC) response to letter dated March 27, 2008

Dear MMF President and MNC Minister of Finance Chartrand,

Thank you for your response provided as the Métis National Council (MNC) Minister of Finance to MNBC letters dated March 3rd and 10th, 2008. Due to the number of false statements I feel that I must respond for clarification in order that there are no misunderstandings based on several incorrect assumptions claimed in your letter.

Your letter is quite similar in nature to a recent response I received from MNC Chartier regarding the question of my personal commitment to the Métis National Council. As indicated previously to MNC President Chartier I will also reinforce clearly with you that I personally support the need for the Métis National Council. Furthermore I fully support the concept of Métis Nation unity but I question issues as the leader who has been democratically elected by the Métis citizens in British Columbia. I fully support a transparent, fair, and accountable Métis Nation governance structure. I make no apologies to either you or MNC President Chartier about my personal political views. However, I believe you are shortsighted to insinuate that my personal political views would cloud my judgments on Métis Nation governance. I have always done what is right for the Métis Nation and its citizens. My MNBC letters sent in March were to address six priorities areas including Métis finance. That is business related and of serious concern to the MNBC as a Non-Founding Member. Our concerns are legitimate and honest and instead of addressing in a direct and business manner, both MNC President Chartier and you as MNC Minister of Finance make no attempt to answer the questions. Instead, you make this attempt to create a political illusion.

I am also confused as to how a single public statement I made in a news article offends you. You have clearly shown your lack of political ethics considering your continued public false messages regarding the current state of the Health Canada Agreement, MNC court issues and several others on APTN, Métis Matters newsletters in Alberta, MNC General Assembly etc. In fact I have been informed that you have recently gone so far in Manitoba as to publicly suggest that you will designate another organization in British Columbia to represent the Métis people in place of MNBC at a regional forum. Please be assured that MNBC informs the Métis leadership and all our Métis community leaders are part of the decision making process. I believe you really need to truly consider your consistent approaches as a Métis political leader. These matters can and should always be addressed in the MNC Board room only. Unfortunately due to serious MNBC concerns I have no choice but to seek responses due to the lack of transparency.

In your third paragraph your statements are incorrect. I did not ever “assume” the role of MNC President, especially illegally as you have stated. The majority of the MNC Board of Governors requested me to consider the role as Interim MNC President and I agreed. The issue here is so complex and once again illustrates your false messages. I will review the situation to provide you with clarification.

MNC President Chartier’s original term as the MNC President was to end in October 2006 based on the MNC Bylaws that defines the length of the MNC Presidential term to be three years maximum. Instead of respecting the democratic process you so often speak about, a decision was made during an October 2006 MNC Board of Governor meeting to simply extend the term of the MNC President for one year. I made it clear that I felt that this was outside the jurisdiction of the MN Bylaws and felt that the delegates should have decided such an important decision during an MNC General Assembly or Special Assembly if required at that time. During the October 2006 MNC Board of Governor meeting the Métis Nation of Ontario Governor abstained and verbally indicated that he did not support MNC President Chartier. The Métis Nation of Albert Governor and myself, in my role as the Métis Nation British Columbia Governor, supported by our Métis Organizations, had opted not to vote on the decision making at the MNC table at this time.

Regardless a decision was made to proceed and somehow you decided it as the Manitoba Métis Federation Governor and the Métis Nation of Saskatchewan Governor that this process was appropriate and you decided to approve the one-year MNC Presidential extension. All of the MNC Board of Governor’s were aware of the challenges facing Métis Nation of Saskatchewan representation in 2006 due to their 2004 electoral issues. Shortly after, the Métis Nation of Saskatchewan was without representation at the Métis National Council Board of Governors until their next election in the spring of 2007.

I take the position that July 31, 2007 was the first MNC Board of Governor meeting where this original decision by only two of the respective Métis National Council Board of Governors to extend the term of the MNC President was improper and had to be addressed. The majority of the MNC Board of Governors including the Métis Nation of Saskatchewan Governor discussed the decision in 2006 to simply extend the MNC Presidential term that was not provided in the MNC Bylaws. Circumstances such as the Métis Nation of Saskatchewan Governor discussed the decision in 2006 to simply extend the MNC Presidential term that was not provided in the MNC Bylaws. Circumstances such as the Métis Nation of Saskatchewan resolving their representation issues that plagued their governing structure from 2004 was concluded with their successful provincial election in the spring of 2007. Based on these developments the majority of the MNC Board of Governors did not agree that the decision to simply extend any Presidential term was inappropriate without going to the MNC General Assembly delegates. The majority of the MNC Board of Governors decided to take corrective steps and make a decision accordingly July 31, 2007. Instead of respecting democracy, both yourself and the current MNC President launched an immediate lawsuit against the members of the MNC Board of Governors.

In the third paragraph you also publicly claim the court decided that July 31, 2007 majority of the MNC Board of Governors made an illegal decision. You are absolutely incorrect and I will request that you discontinue these public statements. The current court actions initiated by yourself and MNC President Chartier have been resolved through settlement conferences and the courts have acted as mediators. There has been no court ruling stating that the majority of the MNC Board of Governors decision was illegal. Furthermore, I am perplexed by your public statements on one hand to respect the need for the Métis Nation to self govern and self determine yet you turn to the courts to intervene when the majority made a decision you do not agree with. It is contradictory to say the least.

In terms of the MHHRDA file I disagree that I am playing politics whatsoever and will assist you to understand my view. You have been the MNC MHRDA Minister for several years and my belief is that the MNC has been supporting the work of the national MHRDA working group that is composed of representatives from all of the Métis Nation Governing Members. You have chaired the MHRDA working group committee that was initiated under your leadership to bring forward recommendations to the MNC Board of Governors, negotiate technical matters with Service Canada, and ensure the MHRDA file was progressing especially during renewal processes. However in 2006-2007 you as the MNC MHRDA Minister did not hold a single MHRDA working group meeting in 2006-2007 yet authorized expenditures for such work under the National Accord Committee totaling $183,800.00. This figure is clearly listed in the 2006-2007 MNC Financial Statements. The majority of the expenditures were allocated to wages, consultants, travel and accommodations.

I believe you are aware that Service Canada has not released all of the 2006-2007 MNC resources for the National Committee Accord because of reporting challenges and other issues. The historic allocation for MNC was $250,000.00 and due to reporting concerns the amount has been reduced in 2006-2007 to $183,000.00. In addition it is my understanding that a portion of this amount remains as an MNC receivable and MNC may not receive the entire 2006-2007 allocation unless MNC addresses Service Canada concerns. Perhaps you as the Minister will be better able to clarify the exact situation as it relates to Service Canada and the MNC challenges. For you to suggest this situation was due to my misguided effort in 2007-2008 is completely incorrect and you were still the MHRDA Minister for the MNC regardless of my Interim Presidential appointment. You and I are both aware that the reporting and expenditure issues with Service Canada are the true reason.

In the final paragraph you suggest that I approved the 2006-2007 MNC Financial Statements. During the February 2008 MNC General Assembly all of the MNBC representatives, including myself, voted unanimously against accepting the 2006-2007 MNC Financial Statements as presented. Therefore you have incorrectly stated fact once again.

In closing, I take great exception to your final statements regarding my efforts to seek clarifications and answers as detrimental to the Métis Nation. Both your letter and the previous response from MNC President Chartier do not provide my clarification for MNBC and are truly side stepping our serious concerns. I care very much for the long-term stability of the Métis Nation and that is why I will continue to pursue these issues. Your claim that former MNC Chief Administrative Officer Dale Leclair provided adequate clarification to MNBC concerns raised last November is very incorrect. In fact a number of the concerns today stem from the original concerns and in fact have now verified MNBC’s belief that MNC utilized important 2007-2008 Métis scholarship and bursary funding for operational needs.

Therefore the six MNBC concerns identified on March 3rd and 10th, 2008 are still very relevant and remain unanswered:

1. MNBC remains concerned regarding the corporate stability and lack of transparency related to the financial affairs of the Métis National Council Secretariat Inc. Basically, are there overpayments and can you clearly answer my question as the previous and current MNC Finance Minister?

2. Is MNC still in default of the Health Canada Agreement? You suggest this is incorrect so I have attached a copy of an email from ADM Ian Potter dated January 29, 2008 that verifies this concern. Please note the email also proves that MNC was provided the bulk of the 2007-2008 Métis scholarship and bursary funding in August 2007 for this fiscal year so MNBC is very confused as to why the remaining significant scholarship and bursary has not been paid to the MNBC as per our signed Memorandum of Understanding. Furthermore, you have also been provided an official Health Canada letter in support of this MNBC concern that clearly identifies the decisions by Health Canada to put the Agreement in default in January. (see letter at Métis News http://derrylsanderson.blogspot.com/2008_02_01_archive.html)

3. MNC currently has a significant amount of outstanding payables for 2007-2008. You have claimed this incorrect so I have attached a list of the MNC payables listing generated from the MNC financial accounting system that was provided by the former MNC Director of Finance January 16th, 2008. Please note the amount outstanding is identified as approximately $3,173,758.36. A further note is that listed in the MNC payables is the outstanding amount owed to the MNBC for the “2007-2008 Health Scholarships and the 2007-2008 Scholarships Administration Second and Third Installments” (Document referred to can be found at: http://local845.ca/wp-content/uploads/2008/04/pr_news19_8.pdf )

4. What are you doing to ensure the MHRDA file moves forward in 2008-2009? Who is involved in the work to support the MHRDA national working group from BC?

5. MNBC is still unsure about the MNC President’s position in his legal challenge. He was seeking approximately $300,000.00 in alleged damages. Since you are the MNC Finance Minister have you approved any settlement since the completion of the MNC Presidential Election in February 2008?

6. As the MNC Finance Minister are you seeking reimbursement for your MMF investments in your decision to seek court action against the Métis National Council in 2007 and 2008? If so, how much are you seeking?

I simply do not understand why either yourself or MNC President Chariter refuse to give clear answers regarding these MNC corporate questions? Are you alleging that the MNBC, as a member of the Métis National Council, does not deserve transparency and factual responses to our questions and concerns? The fact is that you have been the MNC Health and Finance Minister for the past few years and should be able to provide answers regarding MNC finances and Health questions. Furthermore, you remain silent on the issue of the amount owed to the MNBC for 2007-2008 for Métis students in British Columbia for the Aboriginal Health Human Resource Initiative program. Your negligence as the MNC Health Minister has led to the Health Canada Agreement being in default and several students in British Columbia frustrated with the delayed scholarship and bursary payments.

Also I must conclude by raising one final point of the MNC governance and the overall current state of affairs. MNC General Assembly delegates voted our current President into office in February 2008. There has been no MNC Board of Governors meeting since the MNC General Election to minimally discuss portfolio assignments. It is curious to see by your communication and others that I would assume you have been appointed as the MNC Minister of Finance, MHRDA, Health and may I assume others? I would suggest that in the future such decisions are provided to the MNC Board of Governors to ensure the Board is apprised and understands what decisions are being dictated on our behalf.

Please be direct in future correspondences and address the serious issues rather than creating such a false political atmosphere. You had the opportunity to demonstrate leadership and offer solutions and instead have chosen to be unprofessional as a national Minister and leader of the MNC. You will be respected more for an honest and transparent approach.

Thank you,

Bruce Dumont
President

cc MNC Board of Governors
MNBC Board of Directors
MNBC Métis Chartered Communities
MNBC Governance and Policy Committee’s
Assistant Deputy Minister Fred Caron, Office of the Federal Interlocutor
Assistant Deputy Minister Ian Potter, Health Canada
Parliamentary Secretary for Indian and Northern Affairs Canada and Office of the Federal Interlocutor for Métis and Non-Status Indians Rod Bruinooge
Minister of Indian and Northern Affairs Canada and Office of the Federal Interlocutor for Métis and Non-Status Indians Chuck Strahl
Keith Conn, Director General, Aboriginal Affairs Directorate, Service Canada

===========================================================
Email sent to MNBC from Gisele Jean on behalf of Ian Potter, Health Canada – January 29, 2008

Thank you for your email of January 15, 2008 seeking further clarification in regards to the Contribution Agreement and financial arrangements between Health Canada and the Métis National Council [MNC] inquiring about alternative arrangements.

As you know, the agreement for delivery of the Métis bursary and scholarship program under the AHHRI was negotiated and signed between Health Canada and the Métis National Council. Governing Members and/or their delegates (or in the case of Alberta, their alternate) then entered into delegation agreements with the MNC to deliver the program to the Métis student in their respective regions, in August, Health Canada provided MNC with a lump-sum payment of the amount required to flow the 2007/08 bursary and scholarship portion of the program out to its 5 regional affiliates.

As you know, governance issues and other extenuating circumstances have resulted in MNC failing to disburse the allocations to its regional affiliates as obliged. As a result, Health Canada is withholding all outstanding funding related to the agreement until the MNC can take appropriate action to address their obligations.

We will be meeting with the MNC to discuss next steps. Until such time as the MNC’s governance and financial issues are resolved, my officials are not in a position to discuss alternative funding arrangements for this year. We will also be sharing this information with your colleagues on the former Board of Governors.

I look forward to the MNC and its principals resolving their particular governance and operating problems so that the work on the Aboriginal Health Human Resources Initiative can continue. I would encourage you to whatever you can to assist in this resolution.

Ian Potter