Bulletin #2

Trail of Tears Campaign
405 Alfred Ave. Winnipeg Manitoba, R2W1X7

An Open Letter to the Honourable Jim Prentice - Minister of Indian and Northern Affairs Canada

Dear Minister,

Greetings from one Warrior to another. You will know by now – as your assistant promised to advise you – of the seriousness of the condition of the Peigan Band, of the Blackfoot Confederacy. I am Lonefighter Leader, Milton Born-With-A-Tooth, of that Band. It is my sovereign right to do whatever is necessary, use whatever means, to uphold the Peigan way of life and protect us from any danger which may come or lie within.

My history, as you know, has been confrontational to the point where I faced a clear possibility of dying. Today I say: “No more!” The serious and fragile condition of my people has led me to know that confrontation cannot end this battle. The Peigan people have endured countless scandals and corruption. I will not add to that hurt and pain. The scandals continue to divide us – loss of our right to govern ourselves is the last straw. Drastic measures have to be taken.

As Minister of Indian Affairs, I say with respect, you are the last stone to overturn for a peaceful and just solution. Though your office’s offer of a limited inquiry is encouraging, I continue to demand a full public inquiry that will yield benefits for all First Nations.

Our own internal efforts to resolve the crisis were thwarted. Councillor Edwin Small Legs diligently took every political step possible to raise the issues in a diplomatic way with Council, to Indian Affairs (IA), and all other involved parties (CIBC, Raymond James). But, after ex-Chief, Peter Strikes-With-A-Gun had resigned, and the election to replace him was sabotaged, we faced anarchy. Our people were in total disarray – voters fled the election hall not knowing why the RCMP had stopped the election. The petitioners, three innocent Peigan women, were blamed for the RCMP action – further dividing the community. Small Legs’ inquiry immediately after the RCMP action got no response from Ottawa. By December 2005 we had still received no political response from the local or national bodies. There was clearly no agency, protocol or officer we could trust to intervene – the IA-recognized Council had no mandate, could not make quorum, and was led by a Chief who had legally resigned.

I am honoured by your office’s offer to look into:

1. The Chief’s resignation;
2. Interference in our election;
3. The questionable financial advisors.

I am relieved that your office at least acknowledges, to some degree, that there is a serious problem. It is a beginning. But please realize that this issue has led to a total breakdown of faith and accountability in my community. As I have outlined to the office of the Minister before, my community has lost faith in the electoral process due to the direct interference of the RCMP in our election. I believe that the only way to restore faith in my community to the point where a real long-term solution can be achieved, one with real transparency and accountability, is a full independent public inquiry. As you know, your department has a fiduciary responsibility to the Peigan people, as agents, to ensure transparency and accountability, and to expose real threats from outside or within. Unqualified advisors and promoters, some obviously so, manipulate our political process to go down a road which ultimately leads your department to authorize ‘Third Party”. This dead end was inevitable from the beginning, as documented by Councillor Edwin Small Legs’ diligence in raising red flags at all critical junctures. Respectfully to you, my people saw this coming – our loss of faith came only because IA did not have the same reaction and did not let our democracy work. Where does the fiduciary responsibility begin? When the crime begins or when it finishes? We, the Peigan people, believe that the fiduciary responsibility of IA should begin when the first red flag is raised – at the first failure of protocol. For instance, the lack of quorum (only five signatures, not the required seven) on the “resolution” of December 23, 2004, which legally never passed.

IA policies aggravated our problem and impeded our attempts to resolve this issue early. Bank and Trust officers were aware of confidentiality breaches and bizarre requests to initiate suspicious transactions. However, no alarm system exists to warn officials or citizens even when they are targets of obvious scams, or are asked to sign over powers of attorney to unqualified persons or those on watchlists such as diligizer.com. The US Comptroller General has warned local officials in the US against scams that leverage blocked accounts. All local officials need basic risk education to recognize deals “too good to be true”, that offer vast payoffs at low risk or even smaller payoffs at no risk. Pricewaterhousecoopers UK outlined a “secret market” sales pitch that many fraudsters use, involving investments for “ a year and a day”, a party accepting a huge loss (or “haircut”) to gain access to funds, and demands to prove the victim’s money is of “non-criminal origin”. All of these elements were present in attempts to access the Peigan trust or leverage it. These were obvious scams.

Canadian municipalities collaborate on best practices including management protocols. Why, then, are Native communities left so helpless? Process enforcement, forensic help, risk education and best practice exchange could all be offered long before a crisis or any petition to invoke “Third Party”. Struggling Native leaders need to hear from their peers about the solutions already in place in better-run Bands. Some First Nations have met ISO 9000 standards, run their own banks and reliably expelled scammers and exploiters. The people we elect, if fully informed, will guard our interests with very little help and no confiscated ballot boxes. We ask only for the advisories and warnings that North American local governments and well-run trust funds receive. For instance, when banks are asked to forward account information to people already charged with fraud or being sued, multiple persons should be warned automatically. In the Walkerton water crisis, a single official was able to delay a health warning – lives were lost. This situation is similar – our trust fund preserves our lives and necessary investments are now being delayed due to failures to propagate very standard warnings or heed common red flags.

As in Walkerton, a full inquiry into a complex case is the only way to shed light on all the issues and produce convincing recommendations that will end the abuses and convince my people that we will not be victimized again. Nor are we the only victims: taxpayers will always pay more for late interventions than early ones. Conflict will reliably arise from any drastic action that comes too late or which is seen to subvert Band democracy.

Mr. Minister, your obligation and mine is to prevent recurring aggravations. We need to avoid repeating mistakes that put our people at odds. Never again can any First Nations’ election be interrupted, even if there is a petition against the sitting Council. Especially not if it is for the exact issue that the election was called to resolve. If our election had not been interrupted, the matter would be over by now with no third party intervention.

Your new government has a chance to set a new course that respects Native democracy and whistleblowers. If you act now and call the inquiry, the previous Liberal government will
bear its share of the blame for neglecting First Nations governance, risk education and Royal Commission advice. If you wait, and scams propagate at public or vulnerable peoples’ expense, all blame will fall on you and your government. Your chance is now.

Conflict may be inevitable if the integrity of First Nations’ electoral processes and due diligence on First Nations’ funds is not guaranteed. Only a full public inquiry can justify deep changes and produce those results. IA policies and habits, bank procedures, and the training of elected Band officials all need to change. Fraud is global; Bands with trust funds are easily targeted. Those cheated of funds or votes are likely to react violently.

A full public inquiry may be able to justify necessary measures that offend some Native leaders. For instance, tests and simulated scams to determine which Bands are vulnerable and need risk education. Under present conditions, one unwise response to a Spam email from Nigeria could lead a band to ‘Third Party”. Isn’t it better for a Native-led governance commission to send that email, as a test, before the fraudsters get a new Chief’s address? Private talks with naïve or greedy officials are cheap – dozens of Bands in ‘Third Party” are expensive. The frauds get more sophisticated every year – Band Councils must also get more sophisticated. IA would be less resented if it offered real education and advisories, and was first to offer assistance to concerned Councillors seeking to expose wrongdoing.

A full public inquiry would also clear IA of any blame for interfering in our recent election. However, this is impossible if IA’s role is not in the inquiry’s mandate and there is no reliable report on what IA officials knew, when, and why they did not act.

In conclusion, Mr. Minister, to every extreme action there has to be an end which is separate from the battle. There will be a winner. If you are real, as I am, then the end is obvious. The children and the ground they walk on will be the ultimate victors in receiving the fruits of everlasting peace.

In God’s name, you came.
In the Great Spirit’s name, we have always been.
Lonefighter Leader Milton Born-With-A-Tooth