A Nisga鈥檃 Lisims Government (NLG) employee鈥檚 searing allegations against his employer and elected representatives of the Nisga鈥檃 Nation last spring were made without merit, according to a NLG statement announcing the findings of an independent investigation.
In May last year Andre Cardinal, the NLG鈥檚 information technology manager, sent photographed financial documents and an eight-page email to 150 people and organizations with ties to the nation. The email contained an array of accusations, including financial misconduct, corruption and nepotism against the NLG executive and members of the elected council both past and present.
A special NLG investigation committee hired Vancouver employment lawyer and consultant Earl Phillips to conduct his own independent investigation, and on March 31 the NLG announced in a Phillips had concluded the former IT manager 鈥渞elied on rumour and innuendo to make reckless inferences and assumptions.鈥�
鈥淭his entire incident was personally hurtful to many people and caused considerable distress and strain on NLG, elected representatives, officers, employees, and some of our consultants, and indeed their families,鈥� said Juanita Parnell, elected urban representative and chair of the special committee overseeing the investigation. 鈥淲e are pleased that this thorough and independent investigation has determined that the many allegations made had no basis in fact.鈥�
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However in the same release Parnell wrote some of the reports findings raised concerns about certain administrative procedures, which the executive will correct by adopting the investigator鈥檚 recommendations.
Parnell did not mention which procedures were being addressed. However in an emailed response to Black Press the NLG stated the general theme of the recommendations was to take steps that increase accountability and transparency.
鈥淲e are seeing such things as strengthening whistleblower protection and establishing privacy protection,鈥� the email reads. 鈥淭here is a general sense that [the report] is a serious response to a serious issue.鈥�
Details of Cardinal鈥檚 original allegations are still unclear.
The investigator鈥檚 full report was not released to the general public. An executive summary is available to Nisga鈥檃 members, but the NLG said they鈥檝e only received a handful of requests. They attribute the low number to the COVID-19 pandemic overwhelming daily life.
In a Facebook post last year Cardinal wrote the lack of transparency and accountability with the NLG prevented Nisga鈥檃 members from thriving economically, sparking small protests among Nisga鈥檃 members at the NLG offices. The goal of the mass-email was to educate members on the government power structure and how it can be co-oped, blocking common citizens from participating fully in their young democracy.
The NLG eventually fired Cardinal and obtained an injunction preventing him from distributing further information. The government also asked the BC Supreme Court to seal an affidavit in which the email could be read by the public.
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Responding to the report鈥檚 findings Cardinal called the investigation a 鈥渨hitewash,鈥� stating in an email the father of the principal person he accused of corruption was chosen to sit on the investigation committee.
鈥淎s well, I was told that the investigator they hired decided to go with the 鈥楢ndre is mentally ill theme.鈥� Funny, I don鈥檛 remember being tested recently by a mental health professional,鈥� He wrote in an email to Black Press.
NLG has now filed a Notice of Civil Claim against Cardinal with the B.C. Supreme Court.
Cardinal explained he鈥檚 being sued for breaching last year鈥檚 settlement agreement by posting documents recently to Facebook, which he says backed up his original allegations.
鈥淚鈥檓 not responding [to the civil claim] as there really isn鈥檛 anything they can take from me as I鈥檓 not a rich person. I鈥檓 in the acceptance phase of this thing now,鈥� he wrote.
鈥淭he only person who鈥檚 life is destroyed is me. No one else lost their jobs: hurt feelings aren鈥檛 actionable.鈥�
The NLG did not confirm if a family member of one of the people accused by Cardinal was appointed to the committee, but refuted the idea there was any bias, stating the committee鈥檚 only involvement was to find an independent investigator.
鈥淎fter that was done the committee had no role in the investigator鈥檚 work or conclusions,鈥� reads the email from NLG.
鈥淚t was a thorough and independent investigation. Nothing was held back. We have had a strong report result and we are now working on its implementation.鈥�
Report鈥檚 key findings provided by NLG
1) 鈥淎lmost all of the Allegations are an unreliable combination of fact assumption, inference and rumour鈥� which are 鈥渕istaken beliefs鈥� of which the Investigator sought to limit both 鈥渟pread and acceptance.鈥�
2) While mistaken, many of the Allegations serve to highlight concerns that the Independent Investigator addressed in his recommendations. These recommendations have been adopted by the Executive.
3) Problems with NEST reporting stem 鈥渓argely鈥� from different accounting standards. NLG never faced a potential liability for any amount.
4) The fisheries payment referenced in the email was exactly the same as made to other fishermen, just not through Canfisco. The payment was 鈥渄ocumented in NLG鈥檚 books鈥� and is 鈥渢he same amount available to other fishermen.鈥�
5) Cardinal, the former information technology manager 鈥渄id not act in good faith [or] for legitimate purposes鈥�, made reckless inferences and assumptions, and relied on rumour and innuendo.
6) There was collusion only to the extent that the former information technology manager was 鈥渋mplicitly encouraged鈥� to express allegations that were based on inaccurate, incomplete or unreliable evidence. There was no collusion in the personal insults, innuendo or scurrilous rumours contained in the email.
