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RoseAnne Archibald ousted as Assembly of First Nations national chief – CBC.ca

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Assembly of First Nations chiefs have voted to oust RoseAnne Archibald as national chief, adopting a non-confidence motion to remove the embattled leader Wednesday at a historic, one-day meeting held virtually via Zoom.

The motion needed 60 per cent support from First Nations leaders in attendance to pass. It eventually secured 71 per cent, or 163 of the 231 votes cast. 

The chiefs and proxies in attendance were faced with competing resolutions — one calling for Archibald’s removal, the other endorsing her to continue until 2024 — but scrapped the second after the first succeeded.

Chiefs Irene Kells and Kyra Wilson, of Ontario and Manitoba respectively, advanced the motion to topple Archibald. The chiefs who backed removal were heavily critical of Archibald’s leadership but met resistance from others who saw the potential impeachment of the first woman national chief as too extreme.

But the overarching mood was one of disappointment, sadness and concern for the AFN’s future, with several chiefs calling it upsetting that the issue has drawn on so long — a sentiment that evidently prevailed.

“We are starting to be mocked,” said Chief Dylan Whiteduck of Kitigan Zibi in Quebec in a speech to delegates.

“A house divided won’t stand,” said Chief Don Maracle of Tyendinaga in Ontario, warning the AFN is “going to crumble” if the squabbling continues.

 

The vote caps more than a year of internal leadership controversy at the federally funded advocacy organization and sends it into uncharted territory.

The troubles escalated in June 2022 when four of Archibald’s senior staffers filed misconduct complaints against her. The AFN’s then-CEO filed a fifth. The AFN’s regional chiefs then launched an external investigation into Archibald’s conduct and suspended her. 

The regional chiefs, who make up AFN’s executive committee alongside the national chief, also recommended her removal at the July 2022 Vancouver assembly, where Archibald responded by calling the probe a smear campaign designed to distract from her push for a forensic audit.

The chiefs eventually passed a resolution there — rejecting the suspension, ordering the financial review and directing the two sides to come together, to co-operate on the probe and, if needed, hold a special meeting to report back.

Neither the complainants nor the public were permitted to attend Wednesday’s meeting. The AFN granted CBC News access under embargo until it concluded.

Things began with a briefing by Ottawa-based employment lawyer Raquel Chisholm, from the firm Emond Harnden, whose summary of the investigation, released last month, found Archibald harassed two complainants and retaliated against all five.

Archibald then released her own counter-report afterward, disputing the findings.

“I have not been weakened from the attacks,” Archibald told the delegates. “I have been made stronger and better.” 

With her political career hanging in the balance, Archibald gave an impassioned speech, arguing the AFN would set a dangerous precedent by firing its first female national chief over what her lawyer called “minor breaches” of human resources policies.

“Many women are watching,” she said. “What’s happening to me would never happen to a male chief. It would never happen to any of my predecessors.”

She had 30 minutes to speak, time she shared with her lawyer, David Shiller, who had been denied more speaking time earlier in the meeting. Shiller accused Chisholm of doing the work of regional chiefs, who he said are motivated by one goal — toppling Archibald. 

“Very regrettably, Ms. Chisholm is furthering this agenda,” he said. “Her summary is just a piece of advocacy on behalf of the regional chiefs.”

He alleged investigators misinterpreted the findings and argued that Archibald has been vindicated, calling the process unfair and the conclusions weak.

“They simply got it wrong,” Shiller said. 

First Nations leader sit together on stage.
The AFN’s annual general assembly began on July 5, 2022. (Ben Nelms/CBC)

Archibald said the efforts against her started in February 2021 when she began her campaign for a financial review. At that time, while she was Ontario regional chief, Archibald faced a separate bullying and harassment probe launched by the AFN.

The 2021 investigation hit a dead end because none of the complainants would come forward publicly to file formal complaints, fearing workplace retribution.

Regional leaders respond

But the regional chiefs were prepared to refute that point. Nova Scotia Regional Chief Paul (PJ) Prosper made an emotional address of his own, calling the breaches not minor, but serious.

“The vote we entertain today has nothing to do with gender,” he said. “It has everything to do with the actions, competence and performance of the national chief.”

But Prosper conceded the governance dispute has harmed the organization, claiming the low turnout sends a strong message from a silent majority of chiefs.

“They are the ones that are completely fed up with the actions of the national chief,” he said. “The national chief has created a national embarrassment.”

A politician rises with her hands in the air.
Assembly of First Nations national chief RoseAnne Archibald following the results of a vote on an emergency resolution that looked to continue her suspension on July 5. A total of 252 First Nations chiefs and proxies voted against the resolution, while only 44 voted in favour. (Andrew Lee/CBC)

New Brunswick Regional Chief Joanna Bernard accused Archibald of failing to live up to the high expectations women had for the first female national chief.

“We are embarrassed by her conduct and embarrassed that she would dare even rely on gender as a defence,” said Bernard.

Speaking in French, Quebec Regional Chief Ghislain Picard, who led the AFN on an interim basis after Shawn Atleo resigned in 2014, said he never saw such dysfunction in all his years.

At that point, raising a point of order, Jeffrey Copenace, chief of the Ojibways of Onigaming in Ontario, a vocal Archibald backer, spoke against the regional leaders.

“This is not how the Anishinaabe conduct business,” he said. “This is an embarrassment to the country.”

Despite the seriousness of the topic and the powerful criticism, the assembly was focused and businesslike, avoiding the chaos of the July 2022 affair. Several chiefs urged their leaders to put the dispute behind them once and for all.

The meeting adjourned abruptly following the non-confidence motion.

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‘Do the work’: Ottawa urges both sides in B.C. port dispute to restart talks

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VANCOUVER – The federal government is urging both sides in the British Columbia port dispute to return to the table after Saturday’s collapse of mediated talks to end the lockout at container terminals that has entered its second week.

A statement issued by the office of federal Labour Minister Steven MacKinnon on Monday said both the port employers and the union representing more than 700 longshore supervisors “must understand the urgency of the situation.”

The statement also urged both sides to “do the work necessary to reach an agreement.”

“Canadians are counting on them,” the statement from MacKinnon’s office said.

The lockout at B.C. container terminals including those in Vancouver — Canada’s largest port — began last week after the BC Maritime Employers Association said members of International Longshore and Warehouse Union Ship and Dock Foremen Local 514 began strike activity in response to a “final offer” from employers.

The union said the plan was only for an overtime ban and a refusal to implement automation technology, calling the provincewide lockout a reckless overreaction.

On Saturday, the two sides began what was scheduled to be up to three days of mediated talks, after MacKinnon spoke to both sides and said on social media that there was a “concerning lack of urgency” to resolve the dispute.

But the union said the talks lasted “less than one hour” Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after “there was no progress made” in talks conducted separately with the association and the union.

“The BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,” a statement from the employers said.

“In a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 … the offer did not require any concessions from the union and, if accepted, would have ended this dispute.”

The employers said the offer includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker, but the union said it did not address staffing levels given the advent of port automation technology in terminals such as DP World’s Centerm in Vancouver.

After talks broke off, the union accused the employers of “showing flagrant disregard for the seriousness of their lockout.”

Local 514 president Frank Morena said in a statement on Saturday that the union is “calling on the actual individual employers who run the terminals to order their bargaining agent — the BCMEA — to get back to the table.”

“We believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,” Morena said.

No further talks are currently scheduled.

According to the Canada Labour Code, the labour minister or either party in a dispute can request a mediator to “make recommendations for settlement of the dispute or the difference.”

In addition, Section 107 of the Code gives the minister additional powers to take action that “seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,” and could direct the Canada Industrial Relations Board “to do such things as the Minister deems necessary.”

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 “is very vague about what it allows a minister to do.”

“All it says is that the minister can refer a problem and a solution to the Labour Board. They can ask the Labour Board to try and solve the problem,” he said.

“Maybe the minister will try to do that. It remains to be seen.”

The other option if mediated talks fail — beyond the parties reaching a solution on their own — would be a legislated return to work, which would be an exception to the normal way labour negotiations operate under the Labour Code.

Parliament is not scheduled to sit this week and will return on Nov. 18.

The labour strife at B.C. ports is happening at the same time another dispute is disrupting Montreal, Canada’s second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a “final” offer was not accepted, greatly reducing operations.

This report by The Canadian Press was first published Nov. 11, 2024.



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Man facing 1st-degree murder in partner’s killing had allegedly threatened her before

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LONGUEUIL, Que. – A man charged with first-degree murder in the death of his partner in a Montreal suburb was out on bail for uttering threats against her when she was killed.

Shilei Du was charged today with the killing of 29-year-old Guangmei Ye in Candiac, Que., about 15 kilometres southwest of Montreal.

Sgt. Frédéric Deshaies of the Quebec provincial police says their investigators were called by local police to a home in Candiac at about noon on Sunday.

The charges filed at the Longueuil courthouse against 36-year-old Du allege the killing took place on or around Nov. 7.

According to court files, Du had previously appeared at the same courthouse for allegedly uttering threats to cause death or bodily harm against Ye on Sept. 7.

Du pleaded not guilty the following day and was released on bail one day later. He had been present in court on the uttering threats charges on Nov. 6.

Du, whose current address is listed in Montreal, was arrested on Sunday at the home where Ye was killed.

The case is scheduled to return to court on Nov. 19.

This report by The Canadian Press was first published Nov. 11, 2024.

The Canadian Press. All rights reserved.



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Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid

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MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear oral arguments Monday on whether a law that legislators adopted more than a decade before the Civil War bans abortion and can still be enforced.

Abortion rights advocates stand an excellent chance of prevailing, given that liberal justices control the court and one of them remarked on the campaign trail that she supports abortion rights. Monday’s arguments are little more than a formality ahead of a ruling, which is expected to take weeks.

Wisconsin lawmakers passed the state’s first prohibition on abortion in 1849. That law stated that anyone who killed a fetus unless the act was to save the mother’s life was guilty of manslaughter. Legislators passed statutes about a decade later that prohibited a woman from attempting to obtain her own miscarriage. In the 1950s, lawmakers revised the law’s language to make killing an unborn child or killing the mother with the intent of destroying her unborn child a felony. The revisions allowed a doctor in consultation with two other physicians to perform an abortion to save the mother’s life.

The U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion nationwide nullified the Wisconsin ban, but legislators never repealed it. When the Supreme Court overturned Roe two years ago, conservatives argued that the Wisconsin ban was enforceable again.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that allows abortions before a fetus can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, argues the 1849 ban should be enforceable. He contends that it was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the old ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for lower appellate courts to rule first. The court agreed to take the case in July.

Planned Parenthood of Wisconsin filed a separate lawsuit in February asking the state Supreme Court to rule directly on whether a constitutional right to abortion exists in the state. The court agreed in July to take that case as well. The justices have yet to schedule oral arguments.

Persuading the court’s liberal majority to uphold the ban appears next to impossible. Liberal Justice Janet Protasiewicz stated openly during her campaign that she supports abortion rights, a major departure for a judicial candidate. Usually, such candidates refrain from speaking about their personal views to avoid the appearance of bias.

The court’s three conservative justices have accused the liberals of playing politics with abortion.

The Canadian Press. All rights reserved.



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