If They Don’t Have Any Dirt, They’ll Make It Up

People speak their minds - good or bad. It is a 'free' country after all. When you are an elected official, some seem to think it is open season to exercise lateral violence.

I received a phone call one day from a community member. He began the conversation with the usual small talk then got to the point, "Do you know ___________?" I said I didn't recognize that name, I'm better with faces. He said, 'He's going around telling everyone that you're not Metis. I asked him if the person knew I was the Vice President. Yes. (Apparently in the past this was an issue). I assured the caller I was Metis - the bylaws state you must be Metis to run for office, and in fact he knows some of my relatives.

We talked a bit more and I thanked him for calling to confirm the facts instead of gossiping like his friend did. I encouraged him to talk to his friend about the matter.

If they don't have any dirt, they'll make it up.

Thanks for praying for me.

Invitation to support the Minister for Seniors and Veterans Affairs, Métis Nation of Alberta

Invitation to support the Minister for Seniors and Veterans Affairs, Métis Nation of Alberta

This November a historic ceremony will take place in Juno Beach, France where a monument will be erected to celebrate Métis Nation citizens who fought there. A group from across the Métis homeland will be leaving from Winnipeg to support this. I feel compelled to be one of the numbers who will accompany the veterans, two of whom will be from Alberta and members of the Aboriginal Veterans Society of Alberta.

I do not have a budget for this portfolio and would like to extend an opportunity to community members to support me in this. Several people have expressed an interest to do this. I have booked my spot with the group using my own resources. I anticipate close to $3,000.00 to cover the trip (includes accommodation & bus tour with the group)

My information is that the Métis Nation head office will be sending our two veterans, two youth, and two staff from head office, a videographer and President Poitras.

Additional information is in a press release which cna be found on the Metis National Council website.

Place: Native Healing Centre, 11813-123 Street, Edmonton

Time: 7-8:30 pm

Date: Monday, November 2, 09

Door prizes, silent auction.

If you are unable to attend and want to participate please call me.

Special treat: My Alan Wolfleg, who was part of the group who went to Juno Beach and other places in France in 2005 for the Calling Home Ceremony, has kindly offered to make a presentation about that trip. At that time, Canadian Aboriginal people held a ceremony and an inukshuk was placed, with a window facing toward Canada. It was a very sacred ceremony and Alan has a very informative and educational presentation. So you will be able to actually see some of the places we will be attending.

It is worth coming out just to see the presentation even if you don’t have much or anything to contribute financially. Just your presence will be an encouragement to me. Feel free to bring friends and family. Please RRSP so I can prepare an appropriate amount of snacks. 780.717.8378.

Thank you for your consideration and prayers. Sorry about the short notice but I was late informed.


Monument to Métis Who Served in WWI and WWII Announced for Juno Beach Courseulles-sur-Mer, France --

A monument to Métis Nation citizens who fought during the two World Wars will be erected at Canada’s Juno Beach Centre in Normandy, France.

The Métis National Council’s Minister for Veterans Affairs, David Chartrand, made the announcement today while attending commemoration ceremonies marking the 65th anniversary of D-Day, the June 6, 1944 liberation of Europe by Allied Forces during World War II. “Thousands of Métis Nation citizens bravely and selflessly answered the call to serve during the World Wars,” said Chartrand. “This monument will stand in eternal remembrance to those Métis who fought, who were wounded, and who died defending their people, their country, and world freedom.”

The monument will consist of an exhibit highlighting the history of the Métis Nation in Canada and a Red River Cart, a widely recognized symbol of the Métis Nation currently being constructed in the Métis Nation homeland. The Red River Cart will be accompanied by Métis Nation veterans and youth to Juno Beach in November, where they will take part in its unveiling with a dedication ceremony during 2009 Remembrance Day events. “Métis soldiers, sailors, and aircrew made incredible sacrifices for Canada’s war efforts,” said Chartrand. “This monument is a long overdue acknowledgement to these brave Métis men and women.”

Minister Chartrand went on to thank Veterans Affairs Canada and the Office of the Federal Interlocutor for Métis for their assistance in making the monument possible and providing resources for Métis Nation veterans and youth to participate in its dedication ceremony.

For more information contact Greg Taylor, MNC Communications, at (613) 296-9263 or gregt@metisnation.ca.

The MNC represents the Métis Nation in Canada at the national and international level. The Métis Nation’s homeland includes the 3 Prairie Provinces and extends into Ontario, British Columbia, the Northwest Territories and the northern United States. There are approximately 350,000 – 400,000 Métis Nation citizens in Canada, roughly a quarter of all Aboriginal peoples in the country.

Annual General Meeting (AGM) of Region IV

September 9, 2009

To: Members of the Métis Nation of Alberta Association who reside in region IV.

Dear Fellow Metis Sojourners,

Greetings!

I hope this finds you enjoying the still warm days of an Alberta fall. The holiday weekend has come and gone and that means one thing - time for the Annual General Meeting (AGM) of Region IV of the Métis Nation of Alberta Association. It has been just over a year since the last provincial election (September 2) and the beginning of my term as Vice-President of Region IV. The past year has been both challenging and rewarding.

The AGM date was decided at the last regional council meeting, August 14, 2009 (yes, the same time as the shareholder’s meeting). The shareholder’s meeting is more commonly known as the annual assembly. I received the official notification, Friday, September 4, 2009.

I invite and heartily encourage you to attend the AGM on Saturday, October 3, 2009, 9:00 am - 5:00 p.m. at the Wingate Inn, 18220-100 Avenue, Edmonton, and (a little west of what used to be known as ‘Jasper Place’. As usual, lunch and refreshments will be provided. Please come with friends and relatives. You must be a member to vote. Observers are welcome.

Please note: the old style membership cards expired on August 31, 2009. Please contact President Cecil Bellrose if you want to discuss whether or not you can vote at this AGM if you do not have the new card. If you have any questions about obtaining the ‘new’ card, feel free to call me at 780-717-8378. I can also be reached through email at: spasula@softhome.net. Information is also available from both the region IV office, 780.944.9288, 1.888.588.4088 and the head office on Kingsway (780-455.2200, 1.800.252.7553). The MNAA website has all the details as well, www.albertametis.org.

Note: the Bylaws are posted on the website. I look forward to hearing from you!

P.S. The General Meeting of the Métis Regional Council – Zone IV will be held Friday, 9:30 am at the same place (this is somewhat like a regional business meeting). All members can attend but cannot vote; only the president of a local plus the 2 elected regional officials have a vote.

Sincerely,

Sharon Pasula

Vice-President, Region IV

Want to attend the Gathering for Success symposium.

I would very much like to attend the Gathering for Success symposium. Unfortunately, my travel budget is minuscule (at least I have one) and severely restricts my mobility and participation outside the greater Edmonton area.

I am a global person and would appreciate the rich wealth of talent and creativity that will be represented at the symposium.

As Vice President of Métis Regional Council IV, I would continue to share the knowledge I have with not only my own community but with anyone who has ears to hear.

Thank you for your consideration. Contact info: 780.456.3774
For more information about the symposium: http://www.gatheringforsuccess.ca/

From the website;
Who Should Attend:

· First Nation and Métis community and business leaders from Alberta and across North America
· Indigenous community and business leaders from around the globe
· Business and industry leaders
· Aboriginal and Indigenous youth leaders and entrepreneurs
· Federal, provincial and municipal government leaders, and policy and decision-makers
· Frontline economic development workers
· Government program officials
· Non-profit organizations with an interest in Aboriginal or Indigenous social and economic development
· Consultants working with Aboriginal or Indigenous communities
· Aboriginal and Indigenous media organizations

Why You Should Attend:

The Gathering for Success event is an unprecedented opportunity to learn about, and share, best practices relating to Aboriginal and Indigenous economic development across the globe. The Symposium's concurrent sessions include informative and thought-provoking presentations delivered by experts in the areas of:
· The Knowledge Economy and Sustainable Development
· Leadership
· Innovative Approaches
· Socio-Economic Community Development
The sharing of best practices with an international audience of community, government, and industry leaders passionate about Aboriginal and Indigenous economic development will create opportunities to develop dynamic alliances and partnerships leading to economic empowerment and success.
Event Dates and Location: The Symposium is being held June 28 to 30, 2009 at The Fairmont Banff Springs hotel conference centre.

Costs to Attend: The registration fee is just $575.00. Your registration fee is GST (Goods and Services Tax) exempt, and includes:» Admission to the opening and closing ceremonies, and networking receptions and events» All meals, including the Symposium banquet featuring a live performance by country music performer, Shane Yellowbird» Keynote speeches by:
· Roberta Jamieson
· Chief Willie Littlechild
· Chief Clarence Louie
· Wilma Mankiller
· Mike Tamaki
· David Baxter
· Ernesto Sirolli
» Concurrent sessions presenting best and promising Aboriginal and Indigenous practices in the areas of:
· The Knowledge Economy and Sustainable Partnerships
· Leadership
· Innovative Approaches
· Socio-Economic Community Development

Métis Nation of Alberta Ministries - Portfolios of Provincial Council members

Métis Nation of Alberta Ministries

Assigned by Provincial President Poitras, March 11, 2009, provincial council meeting.

Minister of Environment & Resource Development – Bill Loutitt, Pres Region 1

Minister of Justice & Culture – Brenda Bourque-Stratichuk, V.P. Region 1

Minister of Training & Economic Development – Karen Collins, Pres Region 2

Minister of Education & Early Childhood Development – Homer Poitras, V.P. Region 2

Minister of Housing and Community Support – Ephram Bouvier, Pres. Region 3
Minister of Children and Youth – Bev Weber, V.P Region 3

Minister of Métis Rights and Registry - Cecil Bellrose, Pres Region 4

Minister of Veterans and Seniors- Sharon Pasula, V.P. Region 4

Bev New, Pres Region 5 requested no portfolio.

Minister of Forestry – Elmer Gullion, V.P. Region 5

Minister of Health and Family Wellness – Brandy Mitchell, Pres Region 6

Minister of Traditional Métis Lands – Darlene Cardinal, V.P. Region 6

Provincial V.P. Muriel Stanley Venne will support any Minister requesting assistance and will support the Provincial President in continuing to design new Governance structure.

Women’s portfolio was not assigned- President Poitras indicated there are enough women on council that women’s issues should be addressed.

Veteran and seniors responsibilities:

Establish policies & guidelines for both veterans and seniors
Negotiations with federal and provincial governments on veterans & seniors initiatives
Support Aboriginal Veterans Society of Alberta
Support the Native Seniors Centre for events
Support the Métis Nation of Alberta Elders Council
Be representative on appropriate committees
Develop action plan within 90 days.

You fine people who support me, lend me your ear...whaaa whaaa

You are invited to a thank you Celebration!

Date: Wednesday, May 6, 2009

Time: 5:00 – 8:00 PM: “Come & Go” with a short program between 6 & 7 pm.

Place: Old Timers Cabin, 99 street 94 Ave.

Who: My supporters, especially those who voted for me on September 2, 2008!

Why: To say thank you and have fun!

Host: Sharon A Pasula, family & friends
Vice President, Metis Regional Council IV

Light refreshments will be served.

Artisans will be present so bring $, lots of it :)

PLEASE RSVP to 780. 456.3774 or spasula@softhome.net

Vice President Report, September 2, 2008 – March 21, 2009

Vice President Report, Sharon A Pasula, Presented at the Métis Regional Council IV, Drayton Valley, March 21, 2009

Executive Summary

The focus of my office during this period concentrated on six areas. First, participation in Métis specific activities either by invitation or acquiring knowledge of it; local meetings (executive, AGM, community consultation, etc - heretofore only the Gunn local has accessed my attention), regional council and related meetings (e.g. flag raising ceremony at City Hall), and all provincial council meetings (includes the strategic planning retreat, specially called events e.g. gathering at the steps of the legislature and attending court in Sherwood Park, duty to consult, etc.). Also, I believe that our history needs to be documented not only for posterity but for our own learning so I arranged a tour of the Métis Archival Project at the University of Alberta. My purpose for this was in large part to encourage community members to volunteer with the project. There is a massive amount of information that needs to be processed and few dollars to pay people to do it.

Secondly, to network and gather information as to available services not already provided by the Métis Nation of Alberta Association (MNAA) and affiliates that Métis people could access, and then to connect Métis people to these services. A line from my campaign literature, “The Nation has had a season of Métis specific programs. These have been life giving in assisting many in the community and should be maintained.” The community knows about these but possibly not those offered generally. One such opportunity is with Action For Healthy Communities. They provide small seed grants for community based initiatives of various kinds in order to foster intercultural and cross cultural relationship building.

Thirdly, to seek out areas of possible community involvement where the Métis voice could be heard. Not only should we have Metis specific programs but we also need to be out in the broader community educating and advocating on our own behalf. Being on boards, advisory committees, etc.of every kind will go far in the Métis being more visible and respected and at the same time less vulnerable and open to misinformation. From my campaign literature, “Establishing partnerships builds in accountability, partnerships increase human and financial resources, decrease individual risk, and help build stronger communities for a more secure and sustainable lifestyle.“ One important network I was able to facilitate was between Dr. Lafrance, PhD, Associate Director and Project Director and the MNA’s Health department. I met Dr. Lafrance at the Creating Hope Society, the sixties and seventies scoop: Aboriginal children in Care, 2nd annual conference. He was looking to partner with Aboriginal groups for a research project he is doing called, Knowledge Mobilization for Aboriginal Child Family and Community Wellness through the Alberta Centre for Child, Family and Community Research/University of Calgary.

Fourthly to discover opportunities in healing and reconciliation for our community. “Sharon has a heart to see reconciliation in the Métis Nation,” is another line from my campaign literature. Becoming aware of the Truth and Reconciliation Commission is a huge step towards healing. King’s University College hosted a two-day public forum: Remembering the Children: an Aboriginal & Church Leaders’ Gathering in Support of Truth and Reconciliation with excellent speakers and opportunities to dialogue. Attendees became aware of the legacy of the residential schools for First Nations, Métis and Inuit peoples. When individual understanding not only of this issue but others is gained, the synergy of community healing is multiplied which can result in more positive relationships with others and healthier future generations. The event brought together people who would not otherwise have met.

Fifthly, individual advocacy work. This included issues ranging from membership to help pay a large heating oil bill for a rural community member.

Sixthly, being cognizant of current academic thought both Indigenous and non-Indigenous is critical in helping to advocate for our community on a level other than community development and program services. This is also a means of professional development. I have been blessed to access several public presentations and some conferences and workshops where I paid out of pocket. Most that I have attended have been in the greater Edmonton area – one was at the Blue Quills College close to St. Paul. This invitation came through Anna-Leah King: Co-Director, Aboriginal Teacher Education Program, University of Alberta: Faculty of Education.

Miscellaneous comments

Obviously all these activities cannot be done sitting at a desk in an office. Someone said, “The way to stay in office is to stay out of the office.” I usually spend some time of each day in the office doing administrative work so that it doesn’t get away from me. This doesn’t preclude working at home. Having a computer and internet access also facilitates doing administrative work both during usual office hours and otherwise. The contact information on my campaign literature is still current and community members access me through those ‘out of the office’ channels. Couple this with a windowless office hence no natural light (I have mild seasonal affective disorder) and no fresh air (I keep a fan plus a small electric water fountain to generate humidity) compels me to spend more time in the community.

Being a member of my community league, Spruce Avenue opened doors for me and that was the launching pad for networking in the community development and services area. Currently I participate in a few areas where I hope and work towards having another Métis person sit. Basically, I will sit at the table until someone from the community is willing and able to commit to it. Unfortunately most of these groups meet during usual office hours which prevent most from participating. One example is Voices of the Urban Indigenous People: a group of community agencies and members wanting to make significant contributions through community building initiatives that make a difference to Aboriginal peoples and creates awareness for non-Aboriginal peoples.

I am a strong advocate for environmental concerns and promote recycling. Currently my preferred filing method is not using file folders but to utilize binders. I acquire these from the Reuse Recycle Centre. Much of my office supplies come from there. Membership is $20.00 per year, a nominal cost to help reduce the landfills.

Additional activity details are available on request and may be posted on my blog in the future.

Sharon A Pasula

Report about Contemporary Metis barn raising

The weather was nasty and prevented almost everyone from attending unfortunately.

I arrived Saturday around noon. Shirley's son and wife were already there working. I did some painting and was hurried home before the storm hit. It was snowing in Lacome when I left. Nice weather until 40 km south of Edmonton where I counted 9 vehicles in the ditch. It was slow going after that but I got home without incident. One person who cancelled due to weather sent $50.00 to buy supplies. It was a worthwhile effort and everyone was encouraged.

There is still lots of work to do so don't be shy to call Shirley.403.786.9133 if you are close by or you can also call me. 780.456.3774

(by the way, her new address is #12 Heritage Drive, Lacombe.

I'll try arrange another 'barn raising' in the spring, but don't wait for me.

Sharon Golden Rule: "Do to others as you would have them to unto you."

Contemporary Metis barn raising.

Back in the days people would help each other literally raise a barn.
Neighbors helped neighbours. In the city we don’t have barns but we still have needs.

So one of our community needs help to renovate the basement to make it into bedrooms for the children. This is a huge priority.

She lives in Lacombe Alberta, March 7th some of us will go there .

We need particularly anyone with drywall mudding and sanding experience, but come out if you feel compelled. The material we need on the 7th would be; Drywall mud & drywall trowls.

If you can’t make it, materials for subsequent construction days and/or gift certificates for Home Depot, etc. would be a blessing.

Material list for the entire project;

*4 large buckets of drywall mud, *Ceiling panels (2x4) 50 - 60 needed
*Metal ceiling framework (wall angles, Main T's, Cross T's) *Ceiling lights for 2 bedrooms, 1 hallway, living room *2 gallons of primer *8-10 gallons of paint
*Laminate flooring (approx. 1000 sq ft) *Laminate underlay 2 in 1 (approx. 1000 sq ft)
*Hood fan above stove * 8 heat vent covers * 2 bathroom fans
* Tub * Tub surround * Sink and vanity * Sink taps * Tub taps
* Lino for bathroom flooring * Bathroom light * Vanity lights * 12 4x8 drywall

Nice to have: * New stove * New bigger Fridge

If you want to help with any of this please call Sharon at 780.456.3774

Envision the Future – with a Metis focus.

Everyone welcome. (not just Metis)

This will be a time of discussion and looking towards future projects.

Attending this community dialogue could enable Action For Healthy Communities (AHC, www.a4hc.ca) to provide seed grants of up to $1,000.00 per project.

Come on out and see how it works, meet some great people and have some light refreshments.

Date: March 5, Thursday.

Time: 6:30-8:30.

Place: Action For Healthy Communities, #201, 10554-110 Street,
Park in a lot, on the street, or north side of the building.

Please RSVP to Arturo, 780-944-4687, aavila@telus.net .

More info call Arturo or Sharon 780.456.3774, spasula@softhome.net

Aboriginal Educator

Would you describe yourself as an Aboriginal educator?

If yes, you are invited to a meeting that will be held at the Universityof Alberta February 12, 2009.

Let's meet, network and see what happens. I have some ideas and I'm sureyou do as well.

No obligation, just an opportunity to relax and share ideas.

Who: Aboriginal educators (you know who you are :)

What: A meeting of Aboriginal educatorsWhen: February 12, 4:30-6:30

Where: University of Alberta, Education building (north side of 87 Ave andbetween 112th and 114th st) 10th floor lounge.

Please note there is no elevator to the 10 th floor so you must get off onthe 9th floor and take the stairs to 10 (sorry about that if you need anelevator all the way).

Parking - available in the lot on the east side of the Education building and in the Education parkade west of the Education building.

Please RSVP via email by replying to this because light refreshments willbe served.

Feel free to forward this to anyone you think might beinterested.

Thanks for your consideration


Sharon A Pasula,

Servant of the Creator

780.456.3774

http://pasulaletendre.blogspot.com/

God bless the Metis Nation.

Indigenous Celebration Circle

Worship the Creator in dance, song, and story.

Friendship Centre, 11205-101 St

Sunday, February 22, 2009, 7:00 pm
(Last Sunday of the month: 2009: Mar.29, April 26, May 31, June 28)

* "But an hour is coming, and now is, when the true worshipers will worship the Father in spirit and truth; for such people the Father seeks to be His worshipers. "God is spirit, and those who worship Him must worship in spirit and truth."

Info: Sharon: 780-456-3774

* John 4:23-25 (New American Standard Bible)

You should be aware of all kinds of activities . . .. .Action No.: 0903 00288

Action No.:


IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF EDMONTON

BETWEEN:

TIM COLLINS

Plaintiff

- and -

MELANIE OMENIHO and METIS OPPORTUNITY INC
and METIS REGIONAL COUNCIL ZONE IV OF THE
METIS NATION OF ALBERTA ASSOCIATION

Defendants

STATEMENT OF CLAIM

1. The Plaintiff, TIM COLLINS (the "PLAINTIFF") resides at or near the City of Edmonton, in

the Province of Alberta. The Plaintiff was at all material times the elected Vice-President of

the Defendant METIS REGIONAL COUNCIL ZONE IV OF THE METIS NATION OF

ALBERTA ASSOCIATION ("REGION IV").

2. The Defendant, MELANIE OMENIHO ("OMENIHO"), is and was at all material times a

staff member of the Defendant METIS OPPORTUNITY INC ("OPPORTUNITY").

3. The Defendant OPPORTUNITY is a body corporate duly registered pursuant to the laws

of Alberta and carrying on business in the Province of Alberta.

4. The Defendant OPPORTUNITY is a subsidiary company of the Defendant REGION IV,

which is a body corporate duly registered and carrying on business in the Province of

Alberta.

5. The Defendant OMENIHO is and was at all material times the email service provider of

the Aboriginal E-Notice (the "E-Notice").

6. On or about March 11,2008, OMENIHO disseminated an E-Notice email to over 2,000 people

in the Metis and Aboriginal Community containing the following unsolicited defamatory words:

"Special Announcement - I regret that I have to infoffi1 you about an

incident of email identity theft. I became aware that last week an old

email address book for the aboriginal e-notice was stolen and accessed

by Tim Collins and Trevor Gladue, two (2) Metis politicians who are

seeking re-election in the upcoming Metis election. A breach of trust was

how an old back up copy was accessed. It was not my intent to have the

email addresses exploited in this way but I do believe that it is important

for you to know that I did not give this infoffi1ation to them but it was taken;"

7. In their natural and ordinary meaning the said words meant and were understood to mean

that:

(a) the Plaintiff stole personal and confidential email information;

(b) the Plaintiff clearly disregards the privacy of the electorate; and

(c) the Plaintiff has selfishly obtained this infonnation for purposes of re-election;

(d) the Plaintiff is not a trustworthy candidate for re-election; and

(e) the Plaintiff is a thief.

8. The aforesaid E-Notice email was sent to over 2,000 people in the Metis and Aboriginal

Community. The aforesaid E-Notice email was further disseminated through the Provincial

Government of Alberta' s internal email list for Provincial Government employees.

9. In consequence to the aforesaid words emailed by the Defendant OMENIHO, the Plaintiff s

reputation, both personally and as an elected official seeking re-election, has been seriously

injured and has suffered considerable distress, embarrassment, and mental anguish. In addition,

the said words have damaged the Plaintiff's ability to be re-elected as the Vice-President of

REGION IV and in his future ability to campaign for future elections.

10. The Defendant OMENIHO maliciously intended to harm the Plaintiff by emailing and

publishing the aforesaid defamatory words.

11. Further or in the alternative, the aforesaid words were calculated to disparage the Plaintiff

in his said profession and/or employment as well as his personal character.

12. The Defendant OMENIHO refuses to retract the aforesaid defamatory words about the

Plaintiff.

13. The Defendants, OPPORTUNITY and REGION IV, as the employers of the Defendant

OMENIHO, refused to take any steps in addressing the aforesaid defamatory words about the

Plaintiff with the Defendant, OMENIHO.

14. The Plaintiff pleads and relies upon the provisions of the Defamation Act, R.S.A. 2000, c. D-

7, the Tort-feasors Act, R.S.A. 2000, c. T -5 and such further and other legislation as deemed fit.

15. The Plaintiff proposes that the Trial of this action be held at the Law Courts Building, in the

City of Edmonton, in the Province of Alberta. The said Trial is not expected to approach or

exceed twenty-five days [Rule 87(c.1): Alberta Rules of Court].


WHEREFORE THE PLAINTIFF, TIM COLLINS, CLAIMS JOINTLY AND

SEVERALLY AGAINST THE DEFENDANTS AS FOLLOWS:

(a) General damages for defamation in the sum of $100,000.00;

(b) Aggravated damages in the sum of $50,000.00;

(c) Exemplary damages in the sum of $50,000.00;

(d) Punitive damages in the sum of $25,000.00;

(e) Special damages as may be proven at trial;

(f) Such further and other damages as may be proven at the trial of this action;

(g) An award sufficient to satisfy any obligation to pay applicable Goods and Services Tax

(G.S.T) on anyamounts awarded pursuant to the terms of the E-\"cise TaxAct, R.S.C. 1985, c.

E-15, Part IX and amendments thereto;

(h) Interest thereupon pursuant to the Judgment Interest Act, R.S.A. 2000, c. J-1.;

(i) Costs of this action; and

(j) Such further and other relief as this Honourable Court deems fit to grant.

Citation: Boucher v. Métis Nation of Alberta Association

In the Court of Appeal of Alberta
Citation: Boucher v. Métis Nation of Alberta Association, 2009 ABCA 5
Date: 20090107
Docket: 0803-0133-AC
Registry: Edmonton
Between: Rick Boucher Appellant (Applicant)

- and –

Métis Nation of Alberta Association, Audrey Poitras,
Métis Judiciary Council, Dale Friedel, Toby Racette, Ken Shaw,
Bertha Clarke-Jones and Bonnie Bell
Respondents (Respondents)
_______________________________________________________
The Court:
The Honourable Mr. Justice Jean Côté
The Honourable Madam Justice Constance Hunt
The Honourable Madam Justice Marina Paperny
_______________________________________________________
Reasons for Judgment Reserved of The Honourable Mr. Justice Côté
Concurred in by The Honourable Madam Justice Hunt
and Concurred in by The Honourable Madam Justice Paperny

Appeal from the Decision by The Honourable Mr. Justice M.A. Binder
Dated the 1st day of May, 2008, (2008 ABQB 262, Docket: 0703-15317)

_______________________________________________________
Reasons for Judgment Reserved of The Honourable Mr. Justice Côté
_______________________________________________________
A. Introduction
[1] This is an appeal from a decision of the Court of Queen’s Bench refusing to quash a decision of the respondent Métis Judiciary Council. The judge’s reasons, reported as 2008 ABQB 262, 92 Alta. L.R. (4th) 150, set out the facts fully.
B. Facts
[2] Briefly, the respondent Judiciary Council conducted a discipline hearing, found the appellant had acted improperly, and punished him by removing him as a regional Vice-President. They found that he had tried to arrange a contract between the respondent Métis Nation of Alberta Association and a company. That contract was broadly similar to a contract advocated by a rival faction in the Association, which was supported by a resolution of the Association’s Provincial Council. Both proposed contracts were to supervise and allocate certain education and health funding already approved by the federal government for Alberta Métis. But the appellant’s contract was not with the
entity favored by the executive, and approved by the resolution.

C. Standard of Review: Public or Private?
[3] The appellant in effect argues that the Association was playing a complicated political chess game. So it might be possible to have some sympathy for the appellant’s present plight. However, the courts can only give such relief as the law permits. The Alberta courts do not hear judicial review motions or appeals as to whether the respondent Association is following the policies which the courts might adopt. The courts’ role is much narrower.

[4] The precise nature of that role depends upon the nature of the Métis Judiciary Council. The appellant argues that it is a public body, and so is subject to judicial review by the courts in the usual way, and according to the usual standard of review. The appellant argues that there are four tests of its nature, and that here all point to a public function, not a private one. I will summarize the four tests, which the appellant and the chambers judge drew from Knox v. Conservative Party of Can., 2007 ABCA 295, 286 D.L.R. (4th) 129, 85 Alta. L.R. (4th) 34 (paras. 14-15, 20, 23), leave den. [2008] 1 S.C.R. ix.

1. Is it court-like in nature, and administering a function for public benefit on behalf of some level of government? The appellant says this test is satisfied because Métis are a segment of the public, and the Association’s bylaws declare that they have the inherent right of self-determination and selfgovernment, and the Association governs the cultural, economic, educational, political and social affairs of the Métis.
Page: 2


2. Is the body authorized by legislation to supervise a trade or profession or an element of commerce for general public benefit, or setting standards for general public benefit? The appellant says this is satisfied because private bodies do not exercise such powers, and the Association has the power to bar a Métis from the democratic process.

3. Is the body exercising powers given by statute for the benefit of the public and not accruing to private organizations? The appellant says this is satisfied because the Judiciary Council removed the appellant from elected office as regional Vice-President.

4. Is the question appointment or removal of public officials, not ordinary employees? This seems not to be addressed by the appellant, unless maybe under point 3 above.

[5] I do not find it necessary to endorse that summary of the Knox case, or to express any opinion on it. Nor need I decide whether Knox is the last word on this topic either. Both are because I cannot agree with the appellant’s submissions here. In my respectful view, neither the Association nor the Judiciary Council satisfies the four tests postulated, and the appellant’s arguments on this topic fail on all grounds. I cannot imagine any likely test for a public tribunal which the Association or its Judiciary Council meets.

[6] There is a difference between the public of Canada, or the public of a province, on the one hand, and a fraction of the public, on the other. Any group can be said to be part of the public. But that does not advance the analysis.

[7] The Association is a voluntary society incorporated under the Societies Act. Its powers come largely from consent and implied contract. No one is forced to join the respondent Métis Nation Association of Alberta. Alberta legislation does not require membership in it to join a Métis Settlement or get a land allocation. The Association is not a Métis Settlement, and does not run any of the Métis Settlements. People with aboriginal rights have important rights which other people do not have, but they have them irrespective of membership in this association. The majority of Albertans are not eligible to join this Association even if they seek to do so. In my view, this voluntariness aspect is very important.

[8] There are other important bodies in Canada with voluntary membership. At certain times and places, these have or had large memberships (especially in certain geographical areas), and great political influence. Governments very often give much assistance or large grants of money to such bodies, or to their members via such bodies. One thinks of privately-established universities, churches, charities, women’s groups, cultural organizations, ethnic organizations, fraternal or service clubs, recreation or sports associations or leagues, veterans’ associations, and indeed political parties or their constituency associations. Somewhat similar are labor unions, and various umbrella groups for industries or professions. At times, public-interest or lobbying groups, permanent or ad hoc,
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achieve such importance and membership. At one time, new railways were heavily aided. Therefore, like the chambers judge, I find the receipt of public money a very weak test for whether a body is a “public” tribunal for judicial review purposes. Of course I say nothing about words or concepts like “public” in other contexts, such as human rights laws, the Charter, or various statutes regulating government.

[9] There is also a difference between
(a) voluntarily joining an association and so becoming subject to removal from
it, and
(b) being involuntarily subject to regulation just by being present in Alberta, or
resident in Alberta, or engaged in a regulated profession or industry. One can resign from the respondent Association and still be Métis, and still have or get many of the benefits of being Métis. But one cannot resign from the College of Physicians and Surgeons and still practise medicine, nor turn in one’s driver’s license and still drive, nor opt out of government regulation of one’s industry or trade.

[10] It is true that much of the terminology of the respondent Association’s bylaws is redolent of sovereign government. But just saying that does not make it so. That Association is set up and sustained by agreement among its members, and given corporate personality by the Societies Act. But that Act does not purport to grant governmental, still less sovereign, powers. No other applicable legislation doing so has been suggested to us.

[11] It is interesting that the respondent Association itself argues against being such a public body.

[12] Therefore, I agree with the chambers judge that the usual standard of review and grounds for judicial review of public tribunals do not apply to the Judiciary Council. If quashing by court order is possible, it may be limited to breach of internal rules, lack of procedural fairness, or bad faith: see Lakeside Hutterian Col. v. Hofer [1992] 3 S.C.R. 165, 175e, 142 N.R. 241 (para. 10). I will consider such grounds, given the courts’ limited jurisdiction.

[13] But just in case my characterization of the tribunal is wrong, I will consider all the grounds raised by the appellant.

D. Loss of Jurisdiction
[14] First, the appellant argues that the Council lost jurisdiction, and so any other test or standard of review becomes academic. I will postpone any question of quorum, and deal with that in Part G. below.
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[15] Apart from quorum, I cannot see anything here which would accord with current notions of loss or excess of jurisdiction. In the 1940s and 1950s, courts fairly often found that various errors of law meant loss of jurisdiction, but that is no longer the Canadian approach. Mere error of law is not the same as, and does not necessarily entail, declining or losing jurisdiction. See Jones and de Villars, Principles of Administrative Law 190-92 (4th ed. 2004). Even patent unreasonableness need not involve loss of jurisdiction: Air Canada v. Cdn. Tpt. Agency, 2008 FCA 168, 378 N.R. 217, 220-21 (paras. 5-7) (one J.A.).

[16] Indeed, modern standards of review were created because more and more questions, legal or factual, were alleged to be jurisdictional error. Often circular arguments or puzzles resulted. The standards of review are in part a principled way of cutting into such logical circles. See Jones and de Villars, op. cit. supra, at 452, 462-63. I cannot repeal that law.

[17] The Judiciary Council found that the appellant had breached two bylaws. One (Article 22) was about conflicts of interest. It is now common ground that the appellant was not in fact guilty of a conflict of interest. But he was also found to have broken a second part, Article 9. In my respectful view, the two articles are separate. The appellant argues that Article 9 is merely a punishment section, and ancillary to Article 22. Given its plain wording, I disagree. Article 32.8 fills that role. Therefore, to interpret Article 9 as independent is clearly not unreasonable. And even if I were wrong, that would be an error of interpretation by the Judiciary Council, maybe even a question of law, but it does not remove jurisdiction. The Judiciary Council was entrusted by the bylaws with just such questions. That is a far cry from loss of jurisdiction.

E. Rules of Natural Justice
[18] It is argued that breach of the rules of natural justice would also be a ground to quash a decision of a private consensual tribunal: see Lakeside v. Hofer, supra. I do not have to decide whether that proposition of law is correct or not, because I see no such breach here.

[19] The appellant’s counsel alleges that the specific written charge against him only alleged conflicts of interest by breaches of Article 22, and did not allege a breach of Article 9 as a separate charge. He argues that Article 9 was only recited by the charge as the harm flowing from the breach of Article 22.

[20] I do not agree. Clause 20 of the charge is based on Article 9 of the bylaws, and for its particulars, it relies on all of clauses 1 to 18. To be more precise, in my view clauses 7, 9-15, 17(b) and 18 can stand on their own. They allege sufficient facts to let the Judiciary Council conclude that the charge in Clause 20 is made out. Yet those paragraphs and the facts in them do not involve Article 22 of the bylaws.

[21] So the conviction under Article 9 of the bylaws did not stray outside the written charges, and the appellant had adequate notice. Natural justice was observed, if it is even relevant.
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[22] It may well be that the appropriate test when a private tribunal is involved would be an appropriate degree of fairness or due process. For the reasons given, I see no lack of such fairness here.

[23] Bias seems to have been argued in the Court of Queen’s Bench, but was not raised in the Court of Appeal.

F. Other Grounds of Unreasonableness Alleged
[24] The appellant’s counsel also argues that the decision of the Judiciary Council was
unreasonable for another reason. He says that looking at the sequence of events and decisions by the federal government and the Métis National Council shows that the policy of the respondent Association was already doomed to fail at the time that the appellant promoted and signed a competing contract with someone else. That factual proposition may be correct. But it was reasonable for the Judiciary Council to conclude that the appellant still owed the Association duties of loyalty and adherence to its established policy (set by a previous resolution of the Association’s Provincial Council), and so he owed it duties not to pursue inconsistent policies, still less a course of action which would frustrate the declared policy of the Association.

[25] It is not the job of the courts to decide whether the declared policy of the Association was wise, practical, or had a reasonable chance of success. Still less is it to decide which of two competing ideas or policies had a better chance of success. To say (as does the appellant) that there appeared to be serious roadblocks in the way of the Association’s declared policy, is at best an argument that it was a poor policy. But a duty of loyalty may reasonably be seen as an unfettered duty, not one which ends when defeat becomes a real possibility. I see no reason why the Judicial Council had to adopt a causation or bad-effects test for disloyalty.

[26] The respondent correctly points out that in politics, and in lobbying governments, persistence sometimes pays off. Governments and other bodies have been known to change their minds. Lobbying is not needed when the government is about to do what one wants; it is needed when the government has declined (or is reluctant) to do what one wants. And lobbying often works.

[27] Besides, the federal government had already allocated health funds for Alberta Métis, and already declined to administer those funds directly itself. If any other body could be barred from acting as its intermediary, then logically the Association would be a very serious contender to become the intermediary. The federal government would not likely spend money on Métis education and health in all provinces (or regions) save Alberta: the respondent Association had made this point, and the Métis National Council’s health minister had promised not to exclude Alberta (A.B. v. 6, pp. E377, E450, E463, v. 7, p. E543, and v. 8, p. E717).

[28] So the chambers judge was not bound to say that it was unreasonable or patently
unreasonable for the Judiciary Council to view the appellant’s alternate contract as disloyal.
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[29] Moreover, I cannot say that the decision on disloyalty was founded on an irrelevant consideration or lacked all evidence (as the appellant’s factum argues). But I do not intend to conclude that that would be a ground to upset a private tribunal.

[30] Refusal of an adjournment also seems to have been argued in the Court of Queen’s Bench, but was not raised in the Court of Appeal.

G. Quorum
[31] The full Judiciary Council of six members heard several preliminary motions in this matter. But its Vice-Chair resigned before any evidence was heard, and the remaining five members heard the rest of the matters over objections of the appellant. The appellant says that removed a quorum and therefore removed jurisdiction.

[32] There are no express rules or bylaws governing the number of members needed to hold a Judiciary Council hearing.

[33] The case law about quorum in tribunals is somewhat skimpy, and suffers from failure to distinguish among different topics. The rules may be different where (as here) the tribunal is private, and statutes and their interpretation are not involved.

[34] The first topic is whether all members of a deliberative body (not a court) must be summoned to appear and sit on each case heard by that body. In other words, can it sit in panels of a smaller number of members to hear each case? The short answer is no. Unless the governing instrument expressly allows smaller panels, the whole body must be summoned to attend and hear. Cf. Harris v. Law Socy. of Alberta [1936] S.C.R. 88, [1936] 1 D.L.R. 401. (There is a dictum by one judge that the full body might delegate mere fact investigation and finding to a smaller group: see p. 91 S.C.R.). That is probably the problem addressed in Re Fife and Chatham (City) (1979) 26 O.R. 605 (D.C.), but the reasons are short and vague.)

[35] There is no such defect here; initially all the Judiciary Council were summoned and sat here. So this rule of law should be distinguished. The appellant argues that the Judiciary Council should not be whittled down, because it is selected regionally: there is one member from each of the six regions. But since all its members were summoned and began to sit on this case, there was much less erosion of regional representation than suggested. Nor is this a case where the chair selected who sat.

[36] The second topic to distinguish is whether the deliberative body can sit if not all its members answer the summons to attend and take part. This question is strictly one of quorum. I agree with the respondents and the chambers judge that if the governing document is silent, then full attendance is not necessary, and that a quorum suffices. That quorum is presumed to be a majority. A majority of six people is four. Here the number never dipped below five. Cf. Murray v. Rockyview (M.D.) (1980) 21 A.R. 512, 12 Alta. L.R. (2d) 342 (C.A.); Strathcona (M.D.) v. Maclab Ent. (1970) 75
Page: 7

W.W.R. 629, 642-43 (Alta.), revd. other grounds [1971] 3 W.W.R. 461 (C.A.), leave den. [1971] S.C.R. xii. If Re Fife, supra, is on point, it is very brief and cites little authority. I would not follow it on this topic.

[37] Therefore, the resignation of one member would not break the necessary quorum. Five members could decide. Any contrary rule of law would be extremely inconvenient. Illness, absence, refusal to attend, or resignation, could not only torpedo an existing proceeding, but bar any new proceedings in any case. The deliberative body would be prevented from acting in the interval. A body as large as six, drawn from across as big an area as Alberta, is unlikely to have complete attendance on every occasion.

[38] The Societies Act s. 9(4)(c) says that the bylaws must set quorums for general and special meetings of the members, but that does not apply to a body such as the Judiciary Council, which is not the Association itself, still less a general or special meeting of its members.

[39] The third topic to distinguish and consider is whether a deliberative body can continue to hear a matter if one member ceases to attend (for any reason) partway through. In my view, loss of one or more members partway through does not force the body to stop its hearing, so long as the quorum is never broken. And again, if the governing documents (or statutes) are silent, the quorum is presumed to be a majority. Murray v. Rockyview, supra (paras. 61-64) might support that proposition, but the scope of that judgment is unclear. If it is not on point, there may not be any directly relevant authority. Much the same policy considerations apply here as applied to the second topic.

[40] That conclusion makes it unnecessary to decide whether the Judiciary Council had entered on the hearing proper before the sixth member resigned.

[41] The fourth topic to distinguish is how the deliberative body can vote. Juries have to be unanimous, and a split body (hung jury) requires a new hearing. No other deliberative body or tribunal follows that rule, save for a few procedural matters. Statutory bodies can proceed by a majority vote: see the Interpretation Act, R.S.A. 2000, c. I-8, s. 17. This is not a statutory body. Maybe a similar rule applies to non-statutory bodies. But as the remaining five were unanimous here, it is unnecessary to decide that question.

[42] Nor is it necessary to consider here a fifth topic: what would be the legal consequence of a decision by less than a quorum, with or without waiver. Would that produce nullity? The question is academic here. That is what Parlee v. College of Psychologists is about. See 2004 NBCA 42, 270 N.B.R. (2d) 375 (C.A.). Though the appellant cites it, it is not on topic here.

[43] There being no quorum problem here, there can be no loss of jurisdiction on that ground.
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H. Conclusion
[44] So there was no breach or wrong reviewable on any applicable standard of review.

[45] I would dismiss the appeal with one set of costs payable to the respondents. However, I would not give the Judiciary Council any costs. The motion for a stay was closely related to the merits, and its costs were left to the panel. The respondents (except the Judiciary Council) should get an additional total of $500 from the appellants as costs of it. No one attacked the costs decision in the Court of Queen’s Bench, and it will stand.

Appeal heard on November 26, 2008

Reasons filed at Edmonton, Alberta, this 7th day of January, 2009
Côté J.A.
I concur: Hunt J.A.
I concur: Paperny J.A.
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Appearances:
S.M. Tarrabain, Q.C.
M.A. Moughel
for the Appellant (Applicant) Rick Boucher

H.J. Sniderman, for the Respondents (Respondents) Métis Nation of Alberta Association and Audrey Poitras

D.N. Jardine, for the Respondent (Respondent) Métis Judiciary Council

Elder's Meditation of the Day - January 18

"Silence is the absolute poise or balance of body, mind and spirit."

--Charles A. Eastman (Ohiyesa), SANTEE SIOUX

Be still and know.
All new learnings, all ideas about new things, creativity, daydreaming and mental effectiveness come to those who learn about silence.
All warriors know about the power of silence.
All Elders know about stillness.
Be still and know God.
Meditation is about the place of silence.
This is the place to hear God's voice.
We can find tremendous amounts of knowledge in the place of silence.
This is the sacred place of God.

Prayer,

Great Spirit, teach me the power of silence.

Contact us: White Bison, inc. 6145 Lehman Drive Suite 200Colorado Springs, CO 80918
E-mail us: www.whitebison.orginfo@whitebison.org Phone : 719-548-1000 Fax : 719-548-9407

The Ten Indian Commandments

*
1. Remain close to the Great Spirit.

2. Show great respect for your fellow beings.

3. Give assistance and kindness wherever needed.

4. Be truthful and honest at all times.

5. Do what you know to be right.

6. Look after the well being of mind and body.

7. Treat the earth and all that dwell thereon with respect.

8. Take full responsibility for your actions.

9. Dedicate a share of your efforts to the greater good.

10. Work together for the benefit of all mankind.
*

Follow up to 'Edmonton Metis Council' Meeting & Christmas Party

December 6 "meeting".

First of all, it was held at the same time as the children's Christmas party at the Friendship centre. Organizer's knew this when they booked the meeting.

It was to start at 1 pm til 4 then a Christmas party to follow. I got there at 1:05 pm. Mr. Robert Lee was smoking outside. I went inside and into the gym. The kids party was just getting underway. There was no sign to indicate there was a meeting there.

I went downstairs and looked around - again no signs to indicate a meeting. I went upstairs again - no one else around for the meeting. I went back downstairs and asked a young woman with two children if there was to be a meeting in there. She said yes, her dad was part of it. I asked, "Who is your dad?" "Robert Lee". I went back upstairs and a man was looking lost so I asked him if he was there for a meeting, he said yes. His name was Wilf. He said he was going to wait around to see if anyone showed up.

I left at 1:20 pm. I was not prepared to wait around to see if anyone "showed up". In my experience, organizer's arrive at least half an hour before a meeting to set up and make sure everything is in working order. It was apparent that few people, if any, would brave the cold or cancel their children's or grand children's party in order to attend a hastily planned meeting.

A community member contacted me subsequently and asked what happened at the meeting . I recounted the above. The community member got there around 4 pm thinking that was when the meeting was to start. One community member was there, the rest were staff and their family members. The community member giving me the account, did not stay.

I asked one of the organizers about the meeting and was not given any significant information.

I am giving considerable thought whether or not I will participate in any further attempts at meetings organized by this particular committee. I have repeatedly stated that every Metis person in Edmonton should be advised about these meetings. This is obviously not the case, therefore I feel forced to retract any support I was originally prepared to give.

If you have any comments, questions, or suggestions, please contact me in whatever way is convenient for you.

Sincerely,

Sharon Pasula