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Home : Canada : Attawapiskat can't block third-party manager: court

Attawapiskat can't block third-party manager: court

A man walks down the street in Attawapiskat, Ont., Tuesday Nov. 29, 2011. (Adrian Wyld / THE CANADIAN PRESS) A woman walks down the street in Attawapiskat, Ont.
A man walks down the street in Attawapiskat, Ont., Tuesday Nov. 29, 2011. (Adrian Wyld / THE CANADIAN PRESS)

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Date: Friday Feb. 3, 2012 7:44 PM ET

An attempt by the embattled northern Ontario community of Attawapiskat to obtain an injunction to block the work of a third-party manager appointed by Ottawa has failed.

A federal court rejected the native community's arguments to return control of its finances to the chief and council, a judgment released Friday states.

The band argued the appointment of the third-party manager would, among other things, cause "irreparable" harm to the community, its self-determination and ability to "remediate serious and urgent risks to the members" of the reserve.

The community near James Bay had declared a housing crisis in October that led the federal government to appoint a financial manager for the reserve, a move which angered native leaders across the country.

Ottawa has pledged funds to help fix existing homes and install 22 modular housing units to be sent to the community when the winter ice roads are ready, which should be in about a week.


Comments are now closed for this story

Ken
said

I Wish we can get a third party manager for the conservatives in Ottawa.


totherightofatillathehun
said

To A. Kosta: Your argument ranks alongside the observer who declared Aspirin to dangerous to your health because 98% of people who use Aspirin suffer from headaches. Because the situation came to light under the Harper administration does not mean Harper caused the problem. Your left-think is showing - try to get it Right.


Trish
said

I am surprised at how uninformed and prejudice a lot of comments are on this topic. There is a great documentary, on Doc Zone, called 8th Fire, which gives a great brief history and summary of Canada's relationship with the Canadian Natives. The First Nations People have not been treated fairly by the government in the past and it is still continuing. Their rights to proper education, land rights, housing, health care etc. as per treaty agreements, for supporting and defending Canada, and granting land use to us have not been upheld by our government.


Ottawa Jack
said

An excellent decision by the court. Let the era of accountability begin


A Koster
said

Hundreds of millions, even billions of dollars going into government coffers by way of resource royalties.. made off the backs of the naiive and the vulnerable... i.e. reservation lands and the even more trusting Inuit.. and with no apology Harper stands in the HoC and cites $90 million over a 6 year period given to one of these reserves in lou of these riches.. beads for Manhatten. As long as these land and resource treaties are not settled then Harper will continue to rape the poor, the uneducated, and the sick.. at least he isn't much of a racist in this regard.. it's similar to what he is doing to the rest of us.


Wilson
said

To the people of Attawapiskat and any other indian reserve: If you want the priveledge of self determination, then start generating your own incomes. As long as you're spending my money, I want a third-party manager to oversee your spending habits. Don't like it, find some other means to generate your income without my (federal) help.


Paul
said

I could apply for my status at any time, but it is thanks to crap like this that I don`t because I do not want to be associated with people like that. It is only a few responsible, but they have branded the whole race. Thanks.


jazz
said

it bothers me that they do not want a third party involved to oversee how the money was spent. are you telling me that the first nations cannot find a qualified accountant to make sure that everything is above board?


Lynn
said

When is someone going to have enough courage to admit that the real problem is the reservations. The reservation idea never has worked and it never will. Reservations were not set up to help the Indian people they were set up to confine them. It is time to begin a new future. Change is hard but it needs to be done. Sell them off split up the money and intigrate into Canadian society. Keep the Indian cultural heritage by having cultural centers the same as other ethnic people in Canada have.


Sad situation
said

So sad...all this hatred and prejudice!!


david
said

Rip up the Indian Act, cut ALL funding. Sink or swim first nations.


Virginia Kamalatisit, of Moose Factory
said

I am a native individual, I have worked and still working with the First Nation communities along the western James Bay, I have read alot of comments people have made, some good and some bad, I actually grew up with Chief Theresa of Attawapiskat, she is a good person, if you know her, everything she does, it comes from the heart. It is too bad, people don't see that, even her members, it hurts me to see what is happening, I feel for my friend. I know she will survive, she is a very strong woman. I just want her to know that I am thinking of her. God bless you, my friend. I am posting my name, because I can... :) and not hiding what I feel and think.


sabrina
said

omg, you people soooo seriously need to be better educated in regards to the Treaties that were signed... read up on it ... THEN make your comments.


Mark - Alberta
said

If you receive government money, then open your books. You are like any other crown agency which must make their books public. What are the reserve chiefs and councils hiding then? It's not racist like the Liberals weirdly claim to ask to account where taxpayers' money went.


John MacPriest
said

@Elizabeth Sellwood. Perhaps you would like to voluntarily give them some compensation money for your time here, and move back to wherever you or your ancestors came from. For the rest of us, perhaps we should work to more fully integrate them into main stream society, and stop forking over money with no accountability.


taku
said

Chief and council are afraid of what the auditor may uncover--perhaps that money intended for the members never reached the intended purpose!


Vanc Guy
said

Can we charge them for the court costs? How ridiculous and what a waste of time! What's that cheif hiding?


carrie
said

The community has been more harmed by unaccountable use of federal funds. Native "right" to self-determination is not unconditional and so far I don't see many successes with that. There must be some limits and protection when ability, intent or integrity is questionable.


Elizabeth Sellwood
said

We need to honour our agreements with Native Canadians, and we need to do better by them on a moral level, if nothing else. We still want it 'our way' at the expense of people whose land we basically stole. Shame on us.


peter in mb
said

Good news! Now we will know what the chief and the band council were trying to Hid or rather how much money they stole or paid themselves. Finally the people who live on Attawapiskat will get a fair shake and their money for good housing. The chief and the band council should also be brought up on criminal charges for human rights violations. The chief and the band councils stubbornness and refusal to cooperate and blatant out right belligerents towards the Government lead to the prolonged suffering of innocent people. They need to answer for this and be held accountable for their actions


NS
said

They need baby sitters, proof is in the pudding, enough said.


Attawapiskatonian
said

Best news I heard so far. C&C awwww lol


Hal Wood
said

There has to be something done if this band has wasted their funds, this can be multiplied by hundreds of reserves, Just the fact they are leaving theirs houses wood exposed to the elements not repairing roof leaks. Natives are coming across as so hateful of whites that they refuse to even do basic maintenance, waiting for a crisis to say look how we live. We should be charging the reserve for those houses perhaps as loans with their land as collateral.


Kenneth Miller
said

I think it's funny how all the comments here give the government way too much credit; I guess when it comes to a contest between pissing on the natives or pissing on the government, the latter takes a shower!


Practical Pete
said

I can't figure out why the heck we are giving these natives all these billions of dollars. Many of the treaties had payment figures like ten dollars a year per individual which sure doesn't add up to the tens of billions it is today. At a time where we can't afford all our bills and will need to cut back old age security to our seniors, most of whom have worked and paid income taxes, why are we paying so much to "Nations" of individuals who mostly have never worked a day in their lives and never payed any income taxes? And when they reach 65 they get oas too?


Livin' Large
said

Look at all you cowards whining away with the safety of hiding behind your desks... well here's to all you complainers!! 100 grand a year... and Tax free!!! And now i'm going to buy a truck, minus the taxes on that too!


MikeW
said

oh oh, now the truth will be found out. Hey chief you better head for the hills quick cause if you dont you may end up looking out thru bars


Brenda- Sask
said

Why does the media not do old fashion balanced reporting. Report how much money bands get and where it goes. Report on the bands spend it well and provide the proper services. It is the same pictures and same " poor us"" every time.


Rob N
said

About time , corruption is rampant on this reserve,with a few benefiting from the suffering Of the majority


Shar
said

Hopefully the Chief and band council will now see this as an opportunity to learn some financial and programming skills from an outside source and start to focus on making this place a better place to live for everyone. If the Indians want self- government paid for by Canadians, they need to become much better managers.


Joel Vdv
said

Is the funding for this 3rd party audit coming from a First Nation Government of Canada slush fund? or will the band be covering these costs? I prefer the latter option and am hopeful that this notion hasn't been forgotten over the last few weeks.


Proud Albertan
said

I see where some of those budget cuts could be going! cough cough


Reg
said

If Im paying a tax which in turn ends up in their hands, there best be a damn person telling them how to spend it. Clearly this is needed and Im happy the feds have sought this as the best course of action. Welcome to reality.


gmewin
said

for all you non-native people. before you cast judgement on why first nation people are having a hard time trying to make a good life. search and read the whole INDIAN ACT. see if you would be able to live a good life with all the restrcitions in this INDIAN ACT. and by the way no native had input into this act it was foreced upon us by the goverment of canada. READ IT, would you like to live by these rules.


Mystified
said

Incredible. First an unfortunate group is made dependant while being purposefully restricted to be self sufficient and to prosper. Then the "handouts" are reduced to point the need far exceeds the supply. Does this help enlighten those who wonder why there are financial deficits and social breakdowns on the reserves?Now ask yourself what is the ratio of the chiefs incomes to the band revenues (Its a fair question since most seem to want to focus on that). Can we now think about the real issues? Do you have enough background and willingness to do this?


Dave in Edm
said

The books of every band are auditted every year and are all available online... I wish people would stop promoting hatred and propaganda...


mlouis
said

Hard to believe all the resentment and the bitterness that non-native people have. Imagine if this where you would you still have the same attitude towards the gov't if they treated you and your family this way. It's no wonder our world is in the state that it is. People with ignorance, racism, and compassion. No wonder this world of ours is going to crap! Put your self in their shoes and then tell me how you HONESTLY would react to the same situation.


M in Thunder Bay
said

Dear Steve, Since I lost this case I am expecting you and all Canadians to kindly cover all court costs. Thank you.SincerelyTheresa Spence


geebee
said

Inconsequential mud slinging by band government.Your people are freezing & starving. Get out of your Caddy chief and get on with the job you were elected to do. Stop running to the whining NDP media mutt in your area and get on with the job.


SICK AND TIRED
said

Time for a referendum in Canada. Canadian population - approx. 34.1 million of that native approx. 1.1 million. Ask the people what should happen and the answer will be clear. Enough is enough.


Duane
said

How novel - there just might be some accountability as to how much of tax payers' dollars are mismanaged. We are still dealing with a government department so we don't want to get our hopes too high!


Hal Wood
said

From the looks of these houses they will all need to be replaced long before their normal lifespan. There is exposed plywood not covered or painted , it must be rotting. Anymore money to reserves should be loans repayable by land or taxes. We cannot treat these people as children any longer . We cannot let corruption and incompetance go on.


paul
said

About time. The days of all rights (read $$$) and no responsibilities has to end sometime.


Joe In Ontario
said

I am truly troubled by the fact that the band would have taken this to court. It tells me that they have something to hide. It is truly sad that they would have wasted time and money on going to court, when there can be no question that the time and money would have been better spent trying to help their own community. This in itself makes me wonder what exactly this chief and band Council have been doing for their community for years. If there has been wrongdoing, and money has been stolen, charges must be laid.


Gorg
said

About time! That's the way it's supposed to be when government is allocating money to a specific party in charge. It's called being "held accountable". That's just good business!


MikeInBC
said

Hmmm I wonder who is paying the legal fees? I'm glad that this decision has been made. I wonder what the Chief, Assistant Chief and all the Band councilors will do next.


SM
said

I think that our policitians are so concerned with saying and doing the "politically correct" thing, that noone is willing to say exactly what is happening here. It's time that this band council stand up and take accountability and responsibility; and quit pointing fingers at the government, and start looking at themselves and their own management problems. If I blow my paycheck, I don't blame the government, I blame my own greed.....................


Jim-Surrey
said

GOOD! They obviously can't manage ALL OUR tax payer dollars they are given and need to be held accountable for where the funds go!Otherwise they can support themselves and stop milking the gov't for OUR tax dollars!


chel in the Peg
said

Good to hear. The citizens of Attawapiskat should be pleased.


Debbie Downer
said

Can you imagine what this means? Probably that someone is going to JAIL once the books have been sorted, filed and laughed at.


HS
said

Federal government supervision has been long overdue here.


Joe in Ottawa
said

This is the right decision by the federal government. After having worked on a reserve for several years, one in which fell under third party management for a time, it is necessary action on the part of the federal government. If the reserve is going to be subsidized by the government, why shouldn't they have the ability to conduct audits and makes decisions on how the money is spent, especially to improve such inhumane conditions? If chief and council are not making the right decisions and improperly spending the tax payers money, then it is the RIGHT thing to have Ottawa step in. While I believe the conditions in Attawapiskat are troubling, the reserve needs experienced officials to help resolve the problems - and quickly, for the sake of the community. Rather than try to block a third party manager, how about work with them to improve the community, and learn from them? Future generations will only be benifited by this experience.


Natasha
said

Complain because there's a housing crisis, yet complain when help is sent to manage... Careful what you complain about??? You don't solve money matters with money! Maybe they need to learn from these outside managers!


Pugfire
said

I, for one, am happy to hear this. While it will take time to ascertain just where the fiscal irresponsibility lays, in the meantime, it is my money and it appears that the band chief possibly was not doing a good job managing it. Therefore I'm happy to see a responsible manager taking care of it until determination and a fix is made.


Big Merv
said

I believe our First Nations to be direct descendants of the Mayans. This is why the calendar quits in 2012. They knew it was all doom and gloom after this....


DDconfused
said

I don't understand why they would be balking help when they could not control the finanaces themselves it's time to bring in someone who can help and show them the proper way for this accounting practice for their future no? or do they not want someone to find some wrong doing in their ledgers? Time will tell I guess


Sarah
said

Finally.


Prof. Pye Chartt
said

Sanity prevails.


SM
said

Well - Duh.Sure takes gall to challenge this in court with the mess the Band put themselves into.


Nanook!
said

Well, I know a certain "chief" whose wage is going to drop by a few million this year!! Maybe that's what the Mayans were talking about???


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