The Star obtained documents revealing the federal Aboriginal Affairs department agreed to transfer $136,132 to the Cree community last year to cover the cost of the third-party manager the government appointed in December 2011.
The leadership of Attawapiskat First Nation, which was already under co-management, balked at the decision, which came as part of the government response to its declaration of a state of emergency over a housing shortage that had some families living in unheated shacks as winter approached.
Attawapiskat Chief Theresa Spence kicked the third-party manager, Jacques Marion, out of the community the day he arrived, told the aboriginal affairs minister the community refused to pay for him and then asked the Federal Court for a judicial review of the appointment.
The Federal Court ruled in favour of Attawapiskat last August, calling the appointment “unreasonable in all circumstances” and awarding it legal costs but not ordering the Conservative government to pay for the third-party manager.
Attawapiskat: No end in sight to problems
Wayne Turner, band manager for Attawapiskat First Nation, said the cheque arrived in mid-December following a letter from the aboriginal affairs department, which he does not remember giving any specific reason for the repayment.
“It was a surprise to us, because we were victorious in court but there was no mention of reimbursement of fees for that guy,” Turner said in an interview Wednesday.
The package of documents released in response to an access-to-information request from the Star includes media talking points stressing the reimbursement, called an ex gratia payment, was not linked to the Federal Court ruling.
“The payment is made in the public interest for a cost where the Crown has no obligation of any kind or has no legal liability,” the document states.
“Given the unique circumstances surrounding Attawapiskat’s housing situation, AANDC (Aboriginal Affairs and Northern Development Canada) decided to make the one-time payment . . . to the community upon the fulfillment of the (third-party manager’s) responsibilities,” Jan O’Driscoll, a spokesman for Aboriginal Affairs Minister Bernard Valcourt, wrote in an emailed statement Wednesday.
The documents also say the amount represents what was held back from the Band Support Funding the aboriginal community receives from the aboriginal affairs department to pay for services provided by the third-party manager between Dec. 5, 2011 and Apr. 19, 2012, which is when Attawapiskat returned to its earlier co-management status.
“The First Nation does not receive any breakdown on how that amount was determined. That was strictly a contract between Canada and the third-party manager, even though we had to pay for it,” Turner said.
Original Article
Source: thestar.com
Author: Joanna Smith
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