Latest Press Release from the Metis Nation of Alberta

Press Release
Attention News Editors

Court of Appeal of Alberta Renders Unanimous Judgment Upholding MNA Judiciary Council’s Decision on Boucher Suspension

Metis Self-Government Institutions Respected and Vindicated

Edmonton, AB (January 15, 2009) – In a unanimous judgment, the Court of Appeal of Alberta has upheld the decision of the Métis Nation of Alberta’s Judiciary Council to reprimand and suspend Rick Boucher, former Vice President for MNA Region One.

A three member panel of the Court of Appeal of Alberta released its decision in Rick Boucher v. MNA last week. The decision dismissed Mr. Boucher’s challenge against the MNA Judiciary Council’s decision to suspend him until 2010 for actions that were found to be “gravely detrimental” to the Métis Nation.

A backgrounder on the MNA Judiciary Council’s decision and the related court proceedings is attached.

On behalf of the Alberta Court of Appeal, Justice J. Côté held that “there was no breach or wrong reviewable on any standard of review” by the MNA Judiciary Council or by Justice M.A. Binder of the Alberta Court of Queen’s Bench who had previously upheld the decision of the MNA Judiciary Council against Mr. Boucher.

The Alberta Court of Appeal also held that natural justice was observed by the MNA Judiciary Council during its hearing and deliberations. Further, the MNA Judiciary Council’s finding with respect to Mr. Boucher’s disloyalty as a MNA Provincial Council member was not founded on “irrelevant consideration or lacked all evidence.”

“The Alberta Court of Appeal has only further validated what our own Métis selfgovernment institution – the MNA Judiciary Council – rightly confirmed back in December 2007. Namely, Métis leaders are elected to serve the interests of the Métis people, not their only self interests or personal political agendas,” said MNA President Audrey Poitras.

“This decision is also important because it adds to the growing body of law that recognizes the authority of Métis governments to conduct our own affairs. While it is unfortunate that so much time and energy had to be expended on this issue, the exercise has validated the integrity, independence and jurisdiction of one of the MNA’s self-government institutions – the MNA Judiciary Council,” added Poitras.

President Poitras concluded, “The release of this decision is timely as the newly elected MNA Provincial Council is meeting this week to begin developing a strategic plan for our new mandate. With this decision and resolution of this issue, the new MNA Provincial Council can confidently move forward in the spirit of cooperation and collaboration for the benefit of all Alberta Métis.”

For additional information contact:
Charity Sokolan
MNA Communications
Ph: (780) 455-2200

Backgrounder on Rick Boucher Suspension

In May 2007, a complaint against Rick Boucher, as the MNA Vice-President for Region One, was filed with the MNA Judiciary Council. It was based on the MNA Provincial Council passing a unanimous motion (that was seconded by Boucher), which directed the MNA to pursue a bilateral agreement with Health Canada for the delivery of the Aboriginal Health Human Resource Initiative (AHHRI), rather than entering into a sub-agreement with the Métis National Council (MNC).

In March 2007, unbeknownst to the MNA President, the MNA Provincial Council and the MNA Region One Regional Council, Mr. Boucher entered into an agreement with the MNC for the delivery of the AHHRI through Metco Ventures Inc. (Metco), a private company Mr. Boucher 100% owned as of the date of signing the agreement. The MNC-Metco agreement provided that Metco would now deliver health programs to Métis in Alberta, rather than the MNA.

Following an investigation and hearing on the complaint, the MNA Judiciary Council found that Mr. Boucher “made a decision to use a company he controlled to take an agreement away from the MNA”, that Mr. Boucher “owed a duty to the MNA” and that “he had no right to act on his own contrary to the motion” passed by the MNA Provincial Council in February 2007.

The MNA Judiciary Council concluded that, The MNA could not operate if every Councillor felt entitled to take information obtained through the MNA and then act on their own through companies preventing the MNA from proceeding with negotiating agreements when the Provincial Council had authorized the negotiation of such agreements. … People in the position of Mr. Boucher as a member of the Provincial Council harm the integrity and credibility of the entire Métis Nation of Alberta by ignoring the process for Governing affairs of the Provincial Council.

Based on these findings, the MNA Judiciary Council reprimanded and immediately suspended Mr. Boucher from the MNA Provincial Council and from holding specific positions in the MNA until December 18th, 2010.
Mr. Boucher rejected the jurisdiction and ruling of the MNA Judiciary Council and filed a judicial review in the Alberta Court of Queen’s Bench to set aside the Judiciary Council’s decision. Justice M.A. Binder of the Alberta Court of Queen’s Bench rejected Mr. Boucher’s application and upheld the decision of the MNA Judiciary Council in a decision dated May 1st, 2008.

Mr. Boucher then appealed to the Alberta Court of Appeal. On January 7, 2009, the Court of Appeal released its decision in Boucher v. MNA, which once again upheld the decision of the MNA Judiciary Council.

A copy of the decision is available at www.albertametis.com or through the Alberta Justice at http://www.albertacourts.ab.ca/Home/JudgmentsfromAllCourts/tabid/72/ctl/searchJudgmentsResult/mid/662/Default.aspx.