AFN national chief claims workplace investigation is a 'tool' to undermine her

The national chief of the Assembly of First Nations says an investigation that said she was the source of reprisals and harassment directed against employees came to a false conclusion.

National Chief RoseAnne Archibald's office released a statement on Monday countering the conclusions of the third-party workplace investigation's summary report and claiming the results actually exonerated her.

The investigation, conducted by an Ottawa-based firm, found two Assembly of First Nations (AFN) employees were harassed and five employees experienced reprisals and had their confidentiality breached by the national chief, according to the report obtained by CBC News.

Archibald's office released a 19-page counter report, also obtained by CBC News, alleging that the investigation was used as a "tool" to distract chiefs from her work to clean up the AFN.

"At the very least, we require a forensic audit into contracts and staff payouts," Archibald's office wrote.

Archibald's counter-report also claimed that she was exonerated by the investigation because it concluded that 93 per cent of the allegations against her were "unsubstantiated." 

They included claims that she forced staff to share personal trauma, subjected them to negative comments and profanity and planned to dismantle the administrative arm of the AFN, known as the secretariat.

The AFN executive, which is composed of regional chiefs, hired the Ottawa law firm Emond Harnden to probe bullying and harassment allegations made against Archibald by four senior staff members in the national chief's office. 

It also investigated a fifth complaint made by Janice Ciavaglia, who was the AFN's CEO at the time. Ciavaglia left the organization last January. 

The probe produced five reports — one for each complainant.

Copies of the reports were shared last April with members of the AFN's executive committee, including Archibald and regional chiefs, but not with the chiefs-in-assembly.

Archibald said she wants to see that changed.

"Once the full HR reports are rightfully shared with the First Nations-in-Assembly, everyone will agree that the national chief has been substantively exonerated," her office wrote.

The Canada Labour Code and the AFN's workplace harassment, violence prevention and harassment policies prevent the executive committee from disclosing the five reports in their entirety, said the AFN. 

The AFN's executive did not respond to CBC's request for comment.

Employment lawyer Raquel Chisholm, who oversaw the probe, also declined to comment on the national chief's rebuttal.

Chisholm released a summary report to chiefs earlier this month. 

Archibald's office alleged that the summary report is biased and does not represent the true findings of the report. 

"Chiefs/Leadership should carefully consider whether Ms. Chisholm is advancing the interests of the Regional Chiefs who sit on the Executive Committee rather than the interests she should be advancing: those of the First Nations-in-Assembly," Archibald's office wrote.

Chisholm's summary described the AFN's workplace environment as "highly politicized, divided and even fractured."

Archibald's legal counsel alleges investigators erred in finding that Archibald breached confidentiality. They say they will provide a legal analysis to chiefs-in-assembly before a special June 28 virtual assembly.

The AFN is arranging the meeting to discuss with chiefs and proxies the workplace investigation's findings and a recommendation from the executive committee to remove Archibald as national chief.

The meeting will be closed to the media, said the AFN. 

According to a memo sent on Monday with her counter summary, Archibald recommended to chiefs that the AFN's politics be separated from its business,

She's calling for a separate board to run the secretariat. 

"Remove the National Chief and Regional Chiefs from the AFN Secretariat Board and replace with an interim board," her office wrote.

"This will ensure a strong and healthy AFN that operates under healthy boundaries and clear lines of authority, based on clear roles and responsibilities."

Archibald separated the political from administrative bodies when she served as Ontario regional chief before being elected national chief in July 2021.

Archibald's office said six staff members from her office have filed additional complaints to the AFN which have yet to be addressed.

Archibald's office said she wants to "restore relationships" and "deal with staff complaints in good faith."

When reached by CBC News, Archibald's office released a statement raising concerns about ongoing media leaks, but said she will continue to speak to chiefs-in-assembly up to and during the June 28 assembly.