Former Assembly of First Nations national chief RoseAnne Archibald says her lawsuit against the national advocacy organization is moving forward, after settlement talks “were stalled and stonewalled” for 18 months.

Archibald is suing AFN for $5 million, alleging she was sidelined in a “campaign of retaliation” that culminated in her removal from office in 2023. She said this week her case is entering the discovery phase.

“With no meaningful progress, the matter is now proceeding through the courts, where truth, evidence, and accountability can finally be examined in full,” she said in a Dec. 2 social media post.

Her July 12, 2024, statement of claim names as defendants the AFN, its corporate arm, its executive committee and all the regional chiefs who were in office at the time. The case was filed in Toronto’s Ontario Superior Court of Justice, and the allegations are unproven.

In a civil lawsuit, discovery is a pre-trial process used to uncover information. A copy of a draft discovery plan, written by Archibald’s counsel and obtained by CBC Indigenous, proposes that a trove of records connected to the AFN’s recent internal turbulence be exchanged.

These would include documents and all correspondence, emails, texts and messages sent on any messenger app between Archibald, the defendants and certain AFN employees, as well as communications about Archibald between the defendants and several other individuals. 

“We’ve asked them for a lot of documents, mostly emails among members of the executive committee, between members of the executive committee and the secretariat,” said Archibald’s lawyer David Shiller, of Shillers LLP in Toronto.

“And we believe that there’s going to be very relevant and very damaging communications revealed in that.”

The defendants filed a notice on Aug. 1, 2024, indicating they intend to defend the action.

Shiller said after that notice was filed, counsel for the AFN requested an extension to file a statement of defence, which was granted. He said AFN’s counsel then suggested they try to resolve the case.

Archibald’s side compiled material AFN had requested, made a settlement offer and followed up but got no response, Shiller said.

“They invited us to make an offer. We put the materials together, sent it to their counsel and we haven’t heard back,” he told CBC Indigenous.

“There were a number of follow-ups. We didn’t hear back and so RoseAnne was left with no option but to push forward with the action, which we’ve now done.”

Teri Liu of Dutton Brock LLP, listed as the defendants’ lawyer, didn’t respond to requests for comment. An AFN spokesperson declined to comment.

Troubled chapter not done

The court battle suggests this troubled chapter in AFN history isn’t quite concluded. Archibald’s post, shared more than 500 times on Facebook as of Dec. 4, coincided with Day 1 of the AFN’s annual December assembly in Ottawa.

The AFN, a federally funded advocacy body, was founded in 1968 as the National Indian Brotherhood and today represents more than 630 First Nations chiefs countrywide, who in turn represent more than 900,000 people.

Archibald was the first woman elected as national chief and the first sitting national chief officially ejected from office. Her ouster followed years of disputes and internal controversies.

Archibald’s lawsuit alleges a retaliation campaign against her began shortly after she became Ontario regional chief in 2018, giving her a seat on AFN’s executive committee, where she alleges she “discovered many serious issues” with AFN governance.

“The old guard of the AFN had it in for her and were looking to sideline her, were looking to silence her, were looking for ways that her agenda could not be implemented,” Shiller said.

The troubles escalated in June 2022 when four of Archibald’s senior staffers filed misconduct complaints against her. The AFN’s then-CEO filed a fifth. The regional chiefs launched an external investigation into Archibald’s conduct and suspended her. 

The regional chiefs recommended her removal in July 2022, but Archibald won a confidence vote overturning her suspension. She had accused the organization of financial improprieties and claimed the investigation was a smear campaign.

The workplace investigation later found Archibald harassed two AFN employees and, though she disputed the findings, AFN’s chiefs voted to remove her from office.

The former national chief alleges breaches of the AFN charter, breach of contract and oppressive conduct, among other things.

She seeks damages including indemnity for the legal fees she incurred connected to her time in office, plus compensation for lost wages, expenses and loss of reputation, her claim says.

Shiller said he expects the AFN side will file a defence, adding, “my sense is that there will be a resolution, ultimately.”