Executive Summary of the Philips Report

Update regarding access to the executive summary to the Special Committee report on email allegations (the “Phillips report”). 

In March of this year, the Executive of Nisga’a Lisims Government resolved to make available to Nisga’a citizens at the administrative offices of each Village and Nisga’a Urban Local Area an executive summary of the Phillips report. 

COVID-19 restrictions have made it difficult, however, to permit access in person.  Nisga’a citizens can now request to view the executive summary of the Phillips report via a confidential document sharing site, One Hub.  Nisga’a citizens will be asked to follow procedures to ensure that the executive summary is carefully protected. 

If you are interested in viewing the executive summary of the Phillips report, please contact the Director of Communications & Intergovernmental Relations, Bobby Clark via email to: bobbyc@nisgaa.net 




Chronology of events relating to the Investigator’s report into allegations
April 20, 2020
On May 15, 2019, André Cardinal, then the IT manager for Nisga’a Lisims Government, sent a six-page email to a large group of people providing his opinions and making serious allegations into the integrity of NLG and many of its employees.
On May 17 and 23, 2019, the President Eva Clayton of Nisga’a Lisims Government issued press releases advising the public that the May 15 email was unauthorized and contained confidential information. President Clayton also noted that it was contrary to Nisga’a culture to disparage and attack individuals.
On May 23, 2019, the Executive of Nisga’a Lisims Government met in camera, with no members of the NLG administration present. In that meeting, Executive unanimously resolved to strike a Special Committee of elected members to oversee an independent investigation into the serious allegations made against NLG government and its employees. The Executive resolved that the Special Committee would retain an independent investigator, with no ties to NLG, who would investigate the allegations and draft a report.
On May 25, 2019, President Clayton issued a press release which advised the public of the Executive’s action. A copy of the May 25, 2019 press release is attached here.
On June 28, 2019, the Executive again met in camera, with no members of the NLG administration present, and unanimously approved the terms of reference which would guide the work of the independent investigator.
The Special Committee of elected members then retained Mr. Earl Phillips Q.C. to investigate and write a report on the serious allegations made against NLG government and its employees based on the terms of reference that the Executive had set. The Independent Investigator interviewed over 30 people, and was given free access to any documents he needed to perform his investigation.
The Independent Investigator issued his report to the Special Committee on October 22, 2019. Elected members on the Special Committee read the Investigator’s report aloud to the Executive members and the report was discussed at length by Executive during in camera meetings of the Executive.
At an Executive meeting held on November 26, 2019, the Executive adopted the Investigator’s report and resolved to convene a meeting of WSN so that all elected members could review the Investigator’s findings. The only member of the NLG administration permitted to attend the Executive meeting of November 26, 219 was the Law Clerk, who was asked to take notes of the meeting.
On December 2, 2019, President Clayton issued notice of an extraordinary session of WSN to be convened so that all elected members could review the Investigator’s report. Because the Investigator’s report contains confidential employment information, President Clayton advised that the extraordinary session of the WSN would take place in camera. A copy of President Clayton’s notice of an extraordinary WSN session is attached.
The extraordinary session of WSN took place on December 16, 2019. Thirty-four members of WSN were present. No members of the NLG administration were present apart from the Law Clerk.
The sole matter of business at the December 16 WSN meeting was the report by the Independent Investigator to the Special Committee. Each WSN member was given a copy of the Investigator’s report to review. The Chair of the Special Committee read the entire 27 page report of the Investigator into the record. This was followed by a full discussion by WSN members. Again, only the Law Clerk was permitted to attend from the NLG administration.
The WSN session dealing with the Investigator’s report went from 9 a.m. to 7:30 p.m. on December 16. WSN passed a motion recognizing Executive’s adoption of the Investigator’s report, and recommending that Executive give priority to implementing the recommendations in report. At the end of the meeting, the elected members returned their copies of the Investigator’s report to the Law Clerk in order to ensure confidentiality.
The Investigator’s report makes no findings of financial irregularities on the part of NLG. Not one of the recommendations in the report pertains to improvements on financial management at NLG. A copy of the Investigator’s recommendations are attached.
While all WSN members reviewed all 27 pages of the Investigator’s report at length on December 16, and the Executive members have had additional opportunities to review and discuss the entire report, the Investigator’s full report has not been released for viewing by all staff at NLG or the public because of its confidential nature.
An executive summary of the Investigator’s report that does not contain confidential employment information has been drafted. Staff and Nisga’a citizens may access the executive summary of the report through their Village Government or Nisga’a Urban Local Society office or at the NLG main administration office in accordance with the opening schedules of each office during the COVID-19 pandemic.

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