AFN national chief calls outside probe of her workplace conduct 'colonial' and 'confrontational'

Assembly of First Nations National Chief RoseAnne Archibald claims the workplace misconduct investigation probing her treatment of staff is following a "colonial path" becauseitsnon-Indigenous investigatorscould "demonize" Indigenous cultural practices.

The Assembly of First Nations (AFN) launched an external investigation of Archibald's conduct last spring after four of her senior staff and the AFN's outgoing CEOaccused her ofbullying and harassment.

In a memo sent on Jan. 26 to chiefs-in-assembly, Archibald calledthe probe a "colonial legal process" that distracts from the AFN's real work.

"I have met the investigators and am concerned that they're non-Indigenous and may not have a grounding in our traditional practices and ways of being which could easily lead us down a colonial path of having this process demonize our cultural practices," she wrote in the memo, which was obtained by CBC News.

"This kind of non-Indigenous investigation is antagonistic, confrontational, and moves us further away from bringing healing and harmony to our working relationships."

In the memo, Archibald accused the investigators of withholding information from her and her legal counsel such as which sections of theCanada Labour Code and theAFN's own workplace personnel and ethics codesshe's alleged to have breached.

"I'm not being given access to what I need to defend myself against these allegations," Archibald wrote.

Archibaldalso criticizedthe investigation's terms of reference, which she saidoverlookher alleged refusal to approve a payout of than $1 million to the four staff who filed complaints against herand what she callsthe "toxic and fear-based management practices" at the AFN.

National chief questions fairness of investigation

The memo, labelled "confidential," was sent in response to a video presented at the last AFN Special Chiefs Assembly in Ottawa on Dec. 6 by Raquel Chisholm, a partner with law firm Emond Harnden. Chisholmwas hired by the the AFN to investigate the allegations against Archibald.

Chisholm told the chiefs-in-assembly that Archibald hadn't made herself available for an interview, despite repeated requests to sit down with her between August and December 2022. Chisholm said Archibald citedconcerns about the fairness of the process.

Archibald said in the memo thatneither she nor members of her legal team were allowed to view Chisholm's video before it was played to the chiefs-in-assembly.She saidthatprevented her from providing a detailed response.

Archibald saidshe's been targeted bycomplaints because she has pursuedallegations of corruption within the AFN, which receives tens of millions of dollars annually from the federal government.

The AFN told CBC News it does not comment on human resource matters and refused to comment on Archibald's memo.

In her email to chiefs-in-assembly, Archibald included a chronology of events involvingthe investigators and David Shiller, her legal counsel. Shillerhas suggestedthat the probe is a "political exercise meant to discredit and harm the national chief," says the memo.

Archibald wants probe finalized by end of February: legal counsel

The chronology saysShiller asked the investigators to identify the evidence they're examining foreach of the five complaints.

It also says Shiller asked the investigators for more time to arrange a sit-downinterview withArchibald, citing the unexpected death of her brother.

Archibald faced a separate external investigation in 2020 when she was Ontario regional chief.

While theinvestigator in that probe found the allegations against her were "credible,"the investigation was dropped becausenone of the complainants wanted to file official complaints.

Aaron Detlor, another member ofArchibald's legal team, said Archibald wants to see the investigation wrap upby the end of February.

"The anticipation is that various steps will be concluded and those steps are going to be concluded in what everyone agrees is important, to have a fair, equitable and accountable process that's got some level of transparency," Detlor said.

Detlor wouldn't explainwhat those various steps are. Hesaidthere's heavy pressureon Archibald's schedule right now, following the discovery of what are believed to be unmarked graves near the former sites of residential schools.

"The scheduling and approaches that might seem reasonable and appropriate in a corporate context and a commercial context aren't the types of approaches that are reasonable for a national chief who's got to serve something in the range of 600 communities across the country, many of whom are dealing with extremely traumatic events," he said.

"Everyone, including the national chief, has been personally touched by these issues."