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Monday, 1 May 2006

Job: "something for something?"
"Quid Pro Quo" violation Canadian criminal code
"Was not posted" not avail to any one else
violation of fair labour hiring practices

Only response received from Mr. Allen
and New Nisga'a Inhouse legal counsel:





Date:



Thu, 9 Mar 2006 13:28:00 -0800 (PST)
From: "Sylvia Stephens"
Subject: Re: question
To: "Edward Allen"

HTML Attachment [ Download File | Save to Yahoo! Canada Briefcase ]
Hello:

I appreciate your response and will need to do further research as what is going on is illegal. Val needs to be vacated from her position and I have contacted the Treaty office on what prcedures I can take. I am waiting for their call. In the meantime, I am also waiting for a response fromt he Admin. Review Board since this is an Adminsitrative issue.

Sylvia

Edward Allen wrote:
Ms. Stephens,

We have received your email of March 8, but I am unable to provide any response since it is not clear exactly what you are referring to or requesting in your email.

As you can appreciate, it would be preferable to not have to read a 13 page paper to understand the nature of your request in respect to Val Guavin. (copy of letter from you to Credit Union which you faxed to our office)

The best response I can provide is that considering your note references the “work” of an individual, if your concern relates to an employee of the Laxgalts’ap Village government, the mandate of NLG and our In-House counsel does not include dealing with employment law matters respecting Village employees. Your inquiry would be best answered by speaking to the Laxgalts’ap Village Government.

Regards,




Posted by blog2/nisgga at 5:58 PM
Updated: Friday, 11 April 2008 11:23 PM
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Wednesday, 23 March 2005
Response to lawyer March 21, 2005
ATTENTION: Lauri Ann Fenlon - Lawyer for the Imposters Laxgalts'ap Village Government

Out of courtesy and common sense, at least include Sylvia Stephens on your email list - since you use her name so freely and insinuate where the documents came from ? ISN?T THIS CLAIM SIMILAR TO OUR CLAIM THAT THEY HAVE STOLEN AND MISMANAGED PUBLIC MONEYS ACCORDING TO THE DOCUMENTS OF THE LVG GOVERNMENT AND THEIR SUBSIDIARIES - OR ARE YOU PRACTISING DOUBLE STANDARDS?

Who the hell is Laxgalts?ap Village Government ? who are these imposters you represent? They better not be using our Nisga?a Nations moneys for your services ? don?t they have enough Vancouver lawyers flown in regularly in the Nass Valley?

How is it that you have no problem insinuating how and where the documents came from? Just out of curiosity which documents are top secret ? that I or any other funding source would be privy to? Before you tell people what to do, go seek the order from a judge and get your facts right about where the papers came from and investigate who the actual ?uninformed? investors are in these companies that are basically welfare subsidies for the acting ?creme de le creme.?

After 4 years of self government - few documents have surfaced in this last year ?revealing that we are more in debt as a nation ? than when we just had our dreams about owning all our lands not the 7% or so that we now own. Many of our Nisga?as - suffer in deplorable living conditions, don?t experience the promised self governing common bowl benefits (except for the common bowl of silence ? which you are now being paid to foster), don?t experience the financial freedom of bingo playing Nisga?a government people as our people subsist on $175 a month, silently suffer medical inadequacies and cutbacks, etc.,etc., etc. No wonder our people are afraid to speak out in an environment where discrimination, harassment or abuse in many forms is experienced and ingrained. Not only are our Nisga?as mistreated ? they run into lawyers like you who don?t have a clue what it is like to - live in unrepaired homes, suffer in silence when you are ill and when our people die prematurely, go without the essentials, as our moneys are being squandered by persons acting like self governing drunken sailors.

The Laxgalts?ap government administrative body is quite hostile when questioned on their inexcusable ignorance and/or neglect of their duty. Amongst other promises, our Nisga?a Constitution guarantees us consultation, involvement, and a transparent and accountable government ? Nisga?a Lisims Government is comprised of all the villages? and locals? executives. I and my family are uninformed investors in many Nisga?a Companies ? including Laxgalts?ap Forestry and it?s other name changes ? at least we should see the audited financial statement from all the companies and when necessary source documents - especially the approximately 1.5 million assets that dissappeared from Greenville Construction Company and mysteriously the same amount of liability reduced in the Laxgalts?ap audited financial statements for their loan. Sylvia Stephens and other concerned citizens started questioning and documenting their many concerns as they were unable to view evidence through minutes that the councilors scrutinized or questioned the accuracy of any financial reports.

I emphasize that they have violated public trust ? the few documents we had, raised many questions that have been of interest to our Nisga?as and I as a long time taxpayer.

WE ARE OF THE OPINION THAT WE CANNOT TRUSTFULLY RELY UPON THESE UNAUDITED AND AUDITED FINANCIAL STATEMENTS EVEN IF PREPARED BY A PROMINENET CERTIFIED CPA FIRM. STANDARD CPA ENGAGEMENTS CLEARLY STATE THAT AUDITORS ARE SPECIFICALLY NOT ENGAGED TO DISCOVER FRAUD OR DEFALCATION.



WE DEMAND A FORENSIC AUDIT (AS IN TERRACE) NOT ?a full and voluntary audit relating to these allegations at the request of any of its funding agencies.? THAT WAS ALREADY DONE AND IT SPEAKS VOLUMES FOR ITSELF!!! THIS OFFER IS NOT ACCEPTABLE!!! WE ARE THE MAJOR FUNDING SOURCE ? NISGA?A NATION MONEYS ? WE DON?T KNOW WHO HAS AN ?INVESTMENT LICENSE? WITHIN OUR NATION WHO DOES THE INVESTIGATIVE WORK BEFORE OUR MONEYS ARE INVESTED ? IN MANY OF THESE MONEY PITS AND BELLY UP COMPANIES.


When will you arrange for a FORENSIC AUDIT for your clients as my accusations STAND ? they will need this for their court case that you are contemplating on behalf of your mysterious clients.


Posted by blog2/nisgga at 8:11 PM
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Sunday, 20 March 2005
EMBARRASSING NISGA'A ELECTIONS
Sat, 19 Mar 2005 17:15:44 -0800


I have no idea who you are, frankly I don't want to know. I am a person who has no belief in our Nisga'a Elections from the trial hearings that
were public. I would appreciate that "you" not involve me in any way with this so called Nisga'a elections. So I asked that you not email me anymore. As for Ms. XXXXXXX and Ms. XXXXXXXX, I have no idea how I got email from them when I don't even know who they are. I recall receiving email and trashing it.
PLEASE DELETE ME FROM MORE EMAIL ON THIS EMBARRASSING ACT OF NISGA'A
ELECTIONS. Thank you



Posted by blog2/nisgga at 11:33 PM
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Friday, 18 March 2005
Defamatory Communication Regarding Laxgalts'ap Village Government
Subject: Defamatory Communication regarding the Laxgalts'ap Village Government
From: "Lauri Ann Fenlon"
Date: Fri, 18 Mar 2005 12:18:25 -0800


Dear Sirs/Mesdames,

We are counsel for the Laxgalts'ap Village Government. It has come to our attention that Ms. Barbara Zvatora sent an e-mail to you dated February 18, 2005 containing serious allegations against our client in relation to the handling of its financial affairs.

The allegations made by Ms. Zvatora and Ms. Stephens are unfounded and completely untrue. The Laxgalts'ap Village Government will engage outside auditors to undertake a full and voluntary audit relating to these allegations at the request of any of its funding agencies.

Finally, there were a number of documents attached to the e-mail. These documents are confidential and subject to privacy protection. They were obtained by Ms. Stephens through inappropriate means, and we would accordingly ask you to either destroy the documents or return them to Mr. Willard Martin, Chief Councilor. The mailing address is Laxgalts'ap Village Government, P.O. Box 200, Greenville, B.C. V0J 1X0.

Should you have any questions about this matter, please contact Mr. Martin directly at (250) 621-3212.

Yours truly,

Lauri Ann Fenlon
~~~~~~~~~~~~~~~~~~~~~~~
Lauri Ann Fenlon
Fasken Martineau DuMoulin LLP
Suite 2100
1075 West Georgia Street
Vancouver, British Columbia, Canada
V6E 3G2

http://www.fasken.com
mail to lfenlon@van.fasken.com
telephone: 604 631 3118
fax: 604 632 3118

Posted by blog2/nisgga at 11:08 PM
Updated: Thursday, 24 March 2005 2:39 AM
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Intimidation and Legal Threats
January 11, 2005

Honourable Martin Cauchon, Justice Minister of B.C.
Honourable Irwin Cotler, Justice Minister of Canada
Honourable Attorney General Geoff Plant
Auditor General of B.C.
Auditor General of Canada

Your Honours:

We continue to have accountability concerns with our Nisga?a moneys and we have recently had problems with our elections, including persons who were involved with the Terrace mismanaged and stolen moneys were allowed to run in our Nisga?a Elections. As other complaints are directed our way ? we are beginning to understand why. Persons who would be considered undischarged bankrupts and/or who blatantly mismanage our Nisga?a moneys are allowed to be candidates for our elections. Many of our government representatives seem to rotate between squandering our Nisga?a moneys until the companies go belly up and then they move on to being government representatives. These moneys could have been used by our Nation ? especially in our medical - all we keep hearing is that there is not enough moneys.

Under our Registry of Nisga?a Laws Nisga?a Election Regulations, 2004
Part 4 ? Nominations, Candidates, and Requirements of Successful Candidates states:
16. Prescribed offences
(1) For the purpose of section 14(2), the following crimes are prescribed offences, which disqualify an individual from candidacy for election ? includes:
( c) crimes involving fraud.

We are asking the Canadian government to step up to their plates and immediately order a systematic forensic audit. This sophisticated racketeering can?t go on at the expense of the Nisga?a Nation. People that are stealing moneys have to be punished to the fullest extent of the Canadian law.

Nisga?a Lisims Government and Wilp Si?ayuukhl Nisga?a representatives are obligated to ?provide good, effective and accountable government to the Nisga?a Nation as a whole.?
I am including this excerpt from the Audited Financial Statements of the Nisga?a Lisims Government which depicts two separate bodies Wilp Si?ayuukhl Nisga?a and Executive.

The Nisga?a Lisims Government audited financial statements include ?The NLG comprises:
a) an elected Legislative House known as Wilp Si?ayuukhl Nisga?a through which the Nisga?a Nation enacts legislation and perform the duties, functions, and obligations of government.
b) an Executive which receives delegated authority from Wilp Si?ayuukhl Nisga?a and authority from the Constitution of the Nisga?a Nation to conduct the duties, functions and obligations of government
c) A council of elders which may adivse NLG on traditional matters. 2/41

Wilp Si?ayuukhl Nisga?a is comprised of the Speaker, Deputy Speaker, President, Secretary-Treasurer, Chairperson of the Executive, Chair person of the Council of Elders, and the Elected Village Chiefs and Councillors and the Elected Urban Local Representatives.
The Executive is comprised of the President, Secretary-Treasurer, Chairperson of the Executive , Chair of the Council of Elders, Chiefs and one representative from each Urban local.
Basically both bodies are comprised of the same persons - is this not a conflict of interest when the Executive who receives delegated authority from Wilp Si?ayuukhl Nisga?a are actively involved in voting on their own agendas?

I started approximately 2 years ago trying to expose the Terrace Board of Directors of their pathetic pretence of not knowing how to manage our moneys. This was just a deception so that moneys could have been mismanaged and stolen continuously with Nisga?a Lisims Government (Mafia) approval. Together with the gaming and Lisims Government contributions of approximately 80 to 95% of $1,500,000 has been so called mismanaged ? stolen. That seemed to be not enough so the Terrace Nisga?a Society Board of Directors and Skeenass Board of Directors employed persons/advisors to write every Tom, Dick and Harry to get financial contributions for the poor Nisga?as living in Terrace. These advisors receive tax free commissions of approximately 10 ? 20% of the total receipts and the rest to the active Terrace Nisga?a Society Board of Directors. Rumour is that approximately $350,000 of these funds/grants were deposited in a private account. Apparently this same practice is being used in numerous Nass Valley villages with a select few benefitting from moneys applied for the majority.

At our August 2003 membership meeting in Terrace, I was threatened by the Nisga?a Lisims Government Chairperson (Herb Morven) that I could be liable for sending the emails asking for help. After our June 2003 meeting, the Terrace Nisga?a Society Board of Directors hired a lawyer with our moneys and supposedly under his advice the Board of Directors refused to follow the membership motions and provide any information ? contrary to our constitutional right. Now the same actions are being used by the Nisga?a Lisims Government, Greenville Government and their accountant/Administrator.

Ms. Sylvia Stephens, wrote a letter (attach #1) to the Credit Union on November 14, 2004. On December 20, 2004 she had received a letter (attach #2) from the lawyer that she was going to be sued by the Greenville Village Government and their Programs Administrator Ms. Tiffany Moore. I had asked Nisga?a Lisims Government for $50,000 so I could hire a lawyer ? no answer. Sylvia Stephens also applied for $50,000 so she could hire a lawyer to deal with her complaints in the court of law. No moneys for her either, but there is no problem for our Nisga?a Lisims Government Mafia members who resort to legal threats when they have to answer to the general Nisga?a public ? especially those who call it as they see and experience it. Who had approved that our Nisga?a moneys are to be used for private law suits? Laxgalts?ap Village Government again borrowed over a half a million dollars from Nisga?a Lisims Government (OUR MONEYS) towards the end of November 2004.

Mr. David Wotherspoon is threatening to file a claim in the Courts regarding Defamation of Tiffany Moore and stating that he represents her and Laxgalts?ap Village Government (LVG.) Apparently Mrs. Moore and indirectly, the LVG are wrongly accused of mismanaging village funds, among many other things.

Regarding the lawyers # 1 point - Laxgalts?ap Village Government March 31, 2004 (signed off May 14/04) audited financial position Page 4 (attach #3). As you can see under Assets: Due from Gitxatin Housing Society $955,114. How could this be used as an asset when Laxgalts?ap Village government knows they will not receive it as Gitxatin Housing Society does not have this money. The amount recorded in accounts receivable can represent an economic asset only if it reflects debts owed for which Laxgalts?ap Village government can sue or can collect on the same basis as receivables from unrelated parties. If not, then such amounts should be excluded or, at least, discounted. Related party transactions are normally disclosed in a separate note to the financial statements.

Further more on March 28, 2004 (3 days prior to the fiscal year end March 31, 2004) Laxgalts?ap Village Government authorized the write off of $581,531.11 (attach #4) Note memo dated April 14, 2004 written by Tiffany Moore yet somehow according to page 4 money is coming in - maybe Mrs. T. Moore can explain where Laxgalts?ap Village Government is going to come up with $955,114 assets to cover the short fall??!! Also page 4 in Gitxatin Housing Society (attach # 5) under Liabilities and surplus (deficit) Due to Laxgalts?ap Village Government $960,881 ? why the discrepancy of $5,767??

2) As you can see we have 3 different documents and 3 different amounts of moneys owing ? write off or used as assets. It would be interesting to see the true picture.

3) Laxgalts?ap Village Government page 17 (attach #6) ? as moneys are flowing to the nation as a whole with the disbursements done through Nisga?a Lisims Government offices ? Sylvia Stephens and other interested or concerned citizens have a right to see Budgets and all (non confidential) source documents for Education, Governance and Administration, Income Assistance, Social Programs because it has to be determined who did the budgets and who was the incompetent person that approved them or what projects were cancelled that such an astronomical surplus was realized yet people were told that there was no moneys when they require services or funding. Were the moneys that were budgeted for the general Nisga?a deliberately withheld to bail out all the insolvent Corporations? Laxgalts?ap Chief and Council are part of our Nisga?a Lisims Government squandering OUR moneys like drunken sailors ? while many of our people remain destitute?

Our Nisga?a Financial Administration Act ? the law drafted by and enacted by Wilp Si?ayuukhl Nisga?a of which the Laxgalts?ap Chief and Council are members of ? clearly states on Page 57:

Transfer between funds
95
(1) If the amount to the credit of a fund, other than the core programs and services fund, is greater than required, a Nisga?a Village Government may transfer all or part of the amount to another fund established under this Division, but the total amount transferred from a fund in a fiscal year must not exceed the net surplus in that fund at the beginning of the fiscal .
(2) Subsection (1) does not permit a transfer out of the core programs and services fund.
Also
Prohibited, and permitted, businesses
154
(1) Except as otherwise provided in this Act or the regulations, the Nisga?a Nation, a Nisga?a Village, and a Nisga?a Institution must not
(a) carry on a business as a proprietor or trustee,
(b) acquire any interest in a partnership as a general partner, or
( c) act in the capacity of trustee in respect of any property used or held in the course of carrying on a business.
(2) As permitted by the executive for the Nisga?a Nation or as permitted by a Nisga?a Village Government for the Nisga?a Village, a Nisga?a Institution may engage in a business that
(a) is ancillary or incidental to the provision of programs or services, or other functions of government,
(b) is not a trade or business engaged in primarily for the purposes of profit, and that in the opinion of the executive at any particular or future time, cannot result in any material liability or otherwise expose the property or resources of the Nisga?a Nation or the Nisga?a Village to any material risk,

These are some of the many laws that we have looked to in the last 2 years that are enacted by our Government representatives for ?show and tell? ? as you can see there is no accountability to the Nisga?a citizens and no adherence to their own laws ? what kind of example are they setting for the community and our young people?

4) Laxgalts?ap Village Government page 17 (attach #6) Contributions to Community ? owned Enterprises ? Gitxatin Housing Society $581,531, Gitxatin Housing Society page 6 (attach #7) forgiveness of loan from Laxgalts?ap Village Government $581,531 ? in Tiffany?s memo (attach #4) it is a writeoff - this definitely needs explaining ? are we using monopoly money without any currencies. Also how does it end up basically as a revenue, funding, or surplus???? Paper transfers???

5) Gitxatin Housing Society?s total liabilities $1,917,413. p 4 attach #5
Forgiveness or contribution from Laxgalts?ap Village Govt. $581,531 2004 p 6 attach #7
They have current liabilities of $1,146,658 and current assets of 727,791 - Who exactly owes this money ? or will there be just a name change?

6) Laxgalts?ap Village Government page 12 9a - where is this mortgage in the Gitxatin Housing Society?s Financial statements? What are the mortgages for if there has been no houses built in the last few years?

Regarding the Greenville Construction Company Ltd. (GCC)
1) Laxgalts?a Village Govt page 6 (attach #7) Decrease in loans rec. in 2004 $1,595,437
Page 4 in Laxgalts?ap Loans Receivable 2004 $0 2003 $1,595,437
Greenville Construction Company page 4 (attach #3) Due to Laxgalts?ap Village Government in 2003 $1,595,437 in 2004 $0 - What happened?? And where?s the transparency???
Even if they took the property and sold it at book value 1,971,528
Less the 2004 property plant and Equip ( 463,004)
(available cash)??? 1,508,524
2003 long term debt (attach 8) 869,168
less current portion 2004 (25,000)
less 2004 long term debt (attach 8) (37,500)
Paid? 806,668 Paid? (806,668)
Paid? (1,595,437)
Paid?? (2,402,105)
Cash beg of year $86,377 + NI (74,102)
+ amort 46,668 + allow for bad debts 5,888 64,831
So who performed the disappearing magic Laxgalts?ap Village Govt loans rec $1,595,437
And Greenville Construction Company due to Laxgalts?ap Village Gov $1,595,437
And the $806,688

2) Greenville Construction Company - for a company that has absolutely no money?s they sure know how to pay down their loans.

3) Memo from T. Moore
GDC 924,535.89
GCC 89,370.00
1,013,905.89

Greenville Construction Company page 6 (attach #9) forgiveness of debt owing to Laxgalts?ap Village Government Note 2 $687,239.
Laxgalts?ap Village Government page 17 (attach #6) Contributions to Community owned enterprises Greenville Construction Company Ltd in 2004 $690,312
Somehow ? in the transfer from one account to another ? someone managed to lose $3,073.

4) Note under assets due from Gitxatin Housing Society $19,972 Attach #8
How could this be an asset when Gitxatin Housing Society is a money pit?

Laxgalts?ap Forest Company Ltd. ? another of the ?doozeys?

Who were the auditors of Laxgalts?ap Forest Corporation Ltd. The audited financial statements distributed to the Laxgalts?ap members appears to be legitimate; however, the auditors letter is not signed and there is no company logo to designate which Accounting Firm has produced these audited reports which includes figures incorporated in the Laxgalts?ap audited Financial statements ? are there other audited financial statements ? elsewhere? It appears that whoever prepared the financial statements did not use source documents but relied on hearsay of who ever was giving the figures and moving the moneys around. Also the people were not told that Laxgalts?ap Village Government does not have the cash for the deferred revenues and the guarantees for the loans. Laxgalts?ap cannot claim that they are strapped for cash because they were ?trying to meet the needs of the people.?

2) Laxgalts?ap Village Government page 17 (attach #6) Expenditure Contributions to Community ? owned enterprises: Laxgalts?ap Forest Company Ltd 2004 $134,093 Page 17 (attach #6) Memo from T. Moore (attach #4) $81,319.00
Laxgalts?ap Forest Company Ltd Page 6 Foregiveness of loan from LVG 2004 80,000 page 6 Attach #11
Who misplaced 54,093. Where is it? That to me is theft as 3,073 is from GCC.

3) Newsletter LVG September 16, 2004 Logging Trucks from all these companies are for sale. The limited partners have their liability restricted to the amount of money they have invested. It appears that Laxgalts?ap Village Government is not legally a limited partner so why is LVG liable for all the liabilities of the now apparently defuncted company?? What kind of deals did the LVG executives enter in to? How stupid do they think we are? Who?s benefitted by Laxgalts?ap Village Government executives? decisions to write down the corporate debts (but it was the Nisga?a Nations moneys) ? EVEN THESE WHOLE PAPER TRANSACTIONS ARE QUESTIONABLE!!! Certainly the community didn?t benefit as again only the friends and relatives of the Mafia made their moneys.

In our Terrace local, we had similar partnership in SkeeNass which in 2002 ? 2003 year did apparently contract for BC Hydro (28,000) This contract cost Terrace Nisga?a Society approximately $220,000. BOD paid themselves almost 3X the value of the contract. Now because the sole shareholder was Charles McKay he had stolen all the assets and left Terrace Nisga?a Society with the debt. It was set up the same way as all these money pit companies in Greenville. Also they are getting money that are supposed to go to people but are being given to the corporations in the same manner as it was done here in Terrace.

So as you all can see, we have a systemic problem - our Mafia is stealing money from the needy and gives it to the corporations that are employing themselves, family and friends

As you can see our Nisga?a moneys were continually given to subsidize the ?corporate welfare assistance? for the few so that they could continue to pay themselves even though they had it in black and white that the companies were money pits ? financial sink holes.

It appears that someone has borrowed more than what had been agreed upon, as in the contingent liabilities section ( c ) the village government provided a guarantee to the Royal Bank for a maximum of $300,000. So how is it that no one gets charged for committing the assets of Laxgalts?ap Village Government without anyone knowing. Obviously other funds were borrowed because Tiffany said that they were not secured by Laxgalts?ap Village Government. Who owns the corporation anyway ? where is Alcan in all this again?
Laxgalts?ap Village Government appears to happily commit public funds they do not have.
They just borrowed close to $600,000 towards the end of November 2004 - these are funds that are for all Nisga?as ? not just the privileged!!!


The financial statements do not fully disclose the potential claims that could be filed by creditors. This includes ? again moneys for all Nisga?as.
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In the other letters it appears that nothing has been done to pay back this loan to the Nisga?a Nation (OUR MONEYS). It appears that this may be handled the ?Nisga?a Way? as Martin Adams, explained the moneys squandered and mismanaged in Terrace.





Sylvia Stephens and other concerned Nisga?a members have asked for prior years audited financial statements (without any results) ? is it because it was a private corporation until it ran into financial trouble? Mr. Leeson, Chief Councillor, in the letter to the community members, is claiming that there is a partnership agreement between Lagalts?ap Village Government and Gitxatin Development Corporation dated June 30, 2002; however, I am not a lawyer, but reading the letter from Brown Karras and Sanderson ? it appears that Mitch Verde is the sole shareholder and holds 10 classes of A Common Shares which makes him the owner of the corporation and he is the one who should be responsible for all the debts incurred ? unless he has a partnership with Alcan Forestry or somebody else. It appears it might be in partnership with Alcan as Mr. Verde appoints all the board of directors from outside of the Nass Valley ? there is no way that Mr. Verde woke up one morning and decided to fire the old board of directors and hire the new board of directors from Kitimat and Terrace. Also he claims that Laxgalts?ap Village Government has taken the legal actions necessary to protect the Gitxatin Development Corporation for the future benefit of the citizens ? he needs to explain to all the Nisga?a concerned citizens why the village government is interested in private corporations with a baggage of debt ? as he is playing with all OUR NISGA?A moneys ? not monopoly money.

In the Laxgalts?ap Village Government Financial statements P 9
4. INVESTMENT IN GITXATIN LIMITED PARTNERSHIP
The investment in Gitxatin Limited Partnership reresent 999 limited partnership units own by the Village Government. As the Limited partnership has not earned income, the investment has been recorded at cost.

This is not factual, as Mr. Verde owns all the shares and there may be some kind of private agreement with Alcan Forest Corporation - it?s clear that it is a private company because it appears that Willard Martin Chief Councillor was begging Mitch Stevens, Secretary Treasurer for both Gitxatin Development Corporation and Laxgalts?ap Forest Corporation to basically talk to the Royal Bank about their loans and how is it that KN&V allowed this to slip by in the audited financial statements when they were involved with the reorganizations.

September 16, 2004 it appears that they already ran out of money again because in a depressed forestry market, they are selling 4 logging trucks - apparently at give away prices.
Just maybe, they are finally shutting down the money pit.


RE: Memo April 14/04 Writeoff Tiffany Moore

4 companies 1,676,756
Gitxatin Housing Society 581,531.11 Writeoff

2003 Total liabilities $870,734
2004 Total liabilities $1,917,413
Where is the writeoff of the loan as instead the liabilities more than doubled.
Due to Laxgalts?ap Village Government on page 4 Balance sheet GHS
2003 was 834,048
2004 is 960,881
Increase of 126,833 Not exactly writeoff

Instead on page 6 Forgiveness of loan from Laxgalts?ap Village Government 581,531 but this is not a writeoff of the loan.
This is new money transferred from Laxgalts?ap Village Government page 17.

Where did the 581,531.11 writeoff of the loan go and why did Nelson Leeson, Chief Councillor request this information? From this it appears he was not privy to this information which begs another question ? who exactly authorized this writeoff??

If some how this writeoff actually occurred and I?m not able to see it, then the Gitxatin housing society in existence for only 22 months managed to create a total liability of $1,917,413
Memo Plus write off 581,531.11
LVG Page 17 plus contribution Attach #6 581,531
Total cost to the Greenville people 3,080,475.11
Plus LVG page 37 236,300

Plus expenditures from page 6
10 months 03 + 900,940 Attach #7
04 + 1,289,793 ?
2 months 03 124,541 LVG p 37

All this money was spent to acquire assets of 2,133,970 page 4 Attach #5

So in other words it cost 5,050,518 (5,632,049 ? 581,531 write off didn?t occur?) to generate total assets of 2,133,970 page 4

Greenville Construction Company LTD prepared from the accounts without audited figures used in the LVG audited statements.

Memo Tiffany Moore writeoff of the loan to Greenville Construction Company 89,370.00
2003 total liabilities 2,850,367
2004 total liabilities 434,024
As you can see there is a writedown of 2,436,857
Due to LVG on page 4 Greenville Construction Company 03 1,595,437
04 0

this company at the end of 2003 had a net income of 127,874 Page 6 assets of 2,490,698 page 4 for 2003 In 2004 assets are only 687,492 this includes Due from Gitxatin Housing Society 19,972 no money and the total liabilities 434,024

Assets that were sold after the depreciation were in the neighborhood of 1.1 million.
The bigger question is how much was actually received as there is not many idiots that would pay book value for used assets. ? our Nisga?a citizens need to know what the losses are on disposal of assets purchased with moneys that are for all Nisga?a.

Assets end of 2004 687,492 page 4 Attach #8

Total liabilities before any writeoff (2003) 2,870,881 plus the writeoff memo 89,370.00
Page 17 contribution Laxgalts?ap Village Government 690,312 attach #6
Greenville Construction Company 687,239 attach #9 money lost in paper transit?? 3,073
Plus whatever losses in the sale of assets????

Again it cost Nisga?a citizens 3,647,490 plus the losses incurred with the sale of assets to get assets of 940,960 plus proceeds of sale of assets .

Laxgalts?ap Forest Corporation (bogus audited financial statements?)
From the T. Moore memo writeoff $81,319.00 for the year end of April 1, 2003 to March 31, 2004. This company (approximately 4 years old)
2003 total liabilities 3,544,142 page 4 attach #10
2004 total liabilities 3,048,244 ?
It appears that the liabilities were reduced by 495,898 also the assets from 2003 848,947 to 177,217 were reduced by 671,730. What exactly was done ? and are there source documents to determine this?

At the end of 2004 Assets are 1,259,276 p 4 Attach #10
Total liabilities 3,048,244 ?
Memo write off 81,319 ?
LVG Page 17 contribution 134,093 attach #6
Note LFC page 6 only 80,000 attach #11 54093???? Missing in transit
Shareholders Equity deficit 1,788,968 attach #10
5,052,624

It appears that Alcan is a general partner of Laxgalts?ap Forest Corporation ? so why are all the liabilities the responsibility of Laxgalts?ap Forest Corporation whose liabilities and guarantees for the banks are held by the Village Government ? or is this another ?corporate welfare system? for the mafia?

Assets Gitxatin Development Corporation ?????
Assets for Laxgalts?ap Forest Corporation 1,259,276
Assets for Greenville Construction Company 940,960 plus proceeds of sale of assets
Assets of Greenville Housing Society 2,133,970
Total assets 4,334,206

Liabilities (cost to produce assets) LFC 5,052,624
? ? GHC 5.271,208 (plus losses of sale of assets.
? ? GCC 3,647,490

Plus phantom company from
Memo T. Moore memo Gitxatin Development Corporation with apparently at least 924,535.89 liability to Laxgalts?ap Village government. No audited financial statements

So if all assets are sold for the maximum value Laxgalts?ap Village Government will still own !0,561,651.89

Total liabilities and cost to produce assets is 14,895,857.89 - which accounts did all this money come from and who will be paying it all ??? That works out to well over 3.5 million a year.

How was all this money acquired for all these investments???? Who all loaned the moneys, and what guarantees were used???????

Gitxatin Development Corporation is a rather interesting corporation as it does not have audited financial statements, apparently a new entity yet already according to the memo from Tiffany Moore the need to write off 924,535.89 loan. It is obvious that the company should have audited financial statements as Laxgalts?ap Village Government page 6 under investing activities and page 7 ?1 Accounting policies (d) clearly mentions the partnership
Page 38 investment fund GLP 999

1) Ms. Moore had told the lawyer that LVG and Housing Society are in the process of signing an agreement and LVG will transfer housing money to the Society. We cannot find the $2 million in the Laxgalts?ap Village Government Financial Statements March 31, 2004 ? where are they ? as people want to know.

2) No one should have any doubt that the LVG is corrupt. They are the only Mafia I know that is legal and has the ability to make laws as it suits them.

Page 3, Mr. Wothersppon states that Mrs. Moore and LVG were defamed - it should be clear from the few attached documents that Laxgalts?ap Village Council?s conduct amounts to lible as elected representatives for Laxgalts?ap Village Government ? Nisga?a Lisims Government ? Wilpsi?ayuukhl Nisga?a - one and the same entity. They along with Mrs. Moore are obligated and responsible to ensure that qualified persons are not only doing the accounting/bookkeeping, but they are also ethically, morally, and legally responsible to ensure that the Nisga?a nations assets are protected and accounted for. I am emphasizing that the Chief and Council as members of Nisga?a Lisims Government they are responsible to the nation as a whole (not to only collect their salaries). Since we in Terrace only get 2 cents on every dollar spent in the Nass Valley, we have the right to know what is happening. So if it?s too much trouble for them to answer the questions to the satisfaction of all Nisga?a, then they should do the right thing and resign.

The economic development funds received from Nisga?a Lisims Government are distributed to a select few without any accountability as to how it is used ? it is like an exorbitant amount of ?social dollars?. Some economic development funds which are applied for as loans are never paid back. Also it was rumoured that Mr. Leeson had received a $40,000 to $80,000 golden handshake upon his retirement ? did he pay that back when he came out of retirement?

The Nisga?a Executives should fire all their advisors and hire all the bootleggers ? I have never heard of a bootlegger who has gone belly up.

Also, the September meeting was the only reporting meeting held in 4 years resulting in a meeting going till after 2 am as there were no financial statements since we entered self government in 2000. Many Nisga?as do not know of the extent to which our moneys have been mismanaged and/or stolen ? We do not even know what our true financial position is because everything is top secret and the only assembly which was held April 2004 was a farce. Because they did not want to deal with finances ? they designated the first 2 days for cultural taboos which really belong in our feasting systems. Approximately 1 day was used to squeeze in 4 years of financial discussions which included Nisga?a Lisims Government, the four villages and 3 locals ? then we heard that all that was distributed was the estimated budget for the year 2004 and 2005.

The financial statements should be explained to the concerned Nisga?a citizens in conjunction with the financial statements and notes included in the figures from all the other entities such as Gitxatin Housing Society, Laxgalts?ap Forest Corporation, Gitxatin Development Corporation, Greenville Construction Company and possibly others. Actual results could therefore differ materially from those indicated or underlying these statements.
The audited and unaudited financial statements form part of the accountability features of our Nisga?a nation and is used to get investors and to apply for credit. When it appears that moneys have been carelessly shuffled around within the Laxgalts?ap Village Government and it?s companies and the Housing Society ? how reliable and believable are these financial reports and all the other reports of Nisga?a Lisims Government? We estimated the total liabilities to be around 14 million ? this is from their figures. This estimate does not include the liabilities in the names of the Laxgalts?ap Village Government (over 3 ? million in mortgages ? no houses built in the last few years ? is this for the holiday homes?)

Furthermore, people such as the concerned Nisga?a citizens and Sylvia Stephens are necessary for the Gitxatin Housing Society to fulfill it?s purposes, otherwise it will end up as our Terrace Society has ? a vehicle to legitimately apply for funds from many sources ? moneys that was not used for our people. The Registrar of Societies leaves it up to the ?community and it?s members? to ensure that the Society is not just a front to benefit a few.
Apparently the Housing Society has not sent in any reports since its establishment. The British Columbia Society laws and regulations are the same as the Nisga?as laws ? ?show and tell? ? no enforcement. It is up to the people to demand viewing source documents as it was established for them.

Willard Martin-Deputy Chief This is off of Laxgalts?ap web site:
Willard is excited to be involved with the council during these years of dramatic change. Now he feels council and government must address these changes and become accountable to the people rather than to Indian Affairs. Council is becoming more progressive and aggressive in their thinking.
There is no room for family politics in this new regime. Present legislation does not respond to personal agendas. Hanging on to the old ways as they were under Indian Affairs - such as housing and staffing - will impede progress. Council members need good academic background to deal with the legislation. As long as our constituents elect people with knowledge and foresight, we will succeed.
The present councillors are committed. Similarly, the village government engages a very capable staff that is most accountable to the community. We have the premise that we are the most efficient and solvent administration within the nation.

Given that the Laxgalts?ap corporations have squandered our Nisga?a moneys with no plans of repayment ? any Nisga?a should be able to view the source documents of these corporations to view who got all the moneys. I suspect that the findings would be as it was in Terrace. It?s unbelievable that they are wasting time and money to produce our laws and regulations and then run to Vancouver for lawyers when they think they have been injured, wrongly accused, or get caught screwing up as with our elections.

WE DEFINITELY REQUIRE A FORENSIC AUDIT AND THAT WHO EVER IS FOUND TO HAVE DELIBERATELY MISMANAGED OR STOLEN OUR MONEYS ? THAT THESE PERSON(S) BE PROSECUTED TO THE FULLEST EXTENT ? I AM CONCERNED ABOUT THE STORIES OF HOW PEOPLE CAN WALK AWAY AFTER THEY HAVE SQUANDERED OUR MONEYS AND CREATED HUGE DEBTS AND GO ON TO DIFFERENT POSITIONS. NOW I UNDERSTAND HOW PERSONS FROM TERRACE WERE ABLE TO RUN IN OUR ELECTIONS AFTER THEY SQUANDERED/STOLE OUR MONEYS.

src="Laxgalt'aplawyersFaskenMartineau.doc" align="left">
Note that this is a copy of the letter drafted by the lawyer for Tiffany Moore and Laxgalts?ap Village Government for Sylvia Stephens to sign ? now how much of the Nisga?a moneys was paid to this lawyer and how much was applicable to Sylvia Stephens letter?
This letter of apology that was written by David Wothersppon for Sylvia J. Stephens is nothing short of insulting. If she would have seen the need to apologize ? I?m sure she would have written her own letter - She did not fall of a turnip truck. Maybe Mr. Wotherspoon had heard that on one of our assemblies one of our women pointed a finger at the big shots on the podium and said that none of them up there had a higher education than grade 9 and they pretend to be great leaders and when were they going to listen to the people ? especially the ones with education ? like Sylvia J. Stephens.

Attach #3

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Attach #11






Posted by blog2/nisgga at 10:51 PM
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Tuesday, 8 March 2005
?Flawed Nisga?a Elections?
Mrs, (Fred) Rose Doolan
942 11th East
Prince Rupert, BC
V8J 3Y1

February 9, 2005

Attention: Mr. Brian Tait

Re: Flawed Nisga?a Elections

My Matriarch name is Sim Git Luu Tdaa, and I am from the house of Sganism Sim-oogit, Chief Mountain, from the Kincolith Reserve. My parents (Edward and Dorothy Robinson) and Grandparents (Steven and Mary Barton) (James and Selina Robinson) who are all deceased, were all raised in Kincolith, My mother is the 5th generation of mothers that were born in the Chief Mountain House.

I have been reading the letters concerning the ?Flawed Nisga?a Elections? and the mismanagement of the Nisga?a dollars that belongs to the whole nation, and I am very interested to see if any justice will come out of this situation. My letter is not on the flawed Nisga?a election, but it contains the same discrimination that you are talking about. I believe the Nisga?a Treaty was flawed from the beginning, and the national voting that took place was bogus.

The reason I am writing to you is that you must have a good heart to desire Honesty and Transparency in our nation, and to get your attention on what I believe are some of the flaws of the Nisga?a treaty which led to the Nisga?a Lism Government. The elected officers should have let the respected elders from the beginning correct the wrongs and we would not have to face all this dishonesty and corruption in our Nation today.

My brother James Robinson, my husband Fred and I attended the meetings before the treaty was signed and we were totally amazed at the disrespect we seen in these meetings. We were told to ask any questions on the floor; but were cut off and told that we were out of order if the question was something they did not want to answer.

Different individuals asked questions concerning the education funds for our children and grandchildren yet to come, our aboriginal title and the Ango?askw that were been exchanged for the modern day treaty.93% of the Lands were been signed away and this included 52 Reserves from Kincolith, which included Sganism Sim-oogit, also known as Saga Ween?s Ango?askw (Hunting grounds.)

According to our Ayuuk, the responsibility of the Hereditary Chief is to defend the Land and speak for the rights of the People that have been in trusted to him. Respected elders approached my brother Chief Mountain, to take his responsibility and speak up on the flaws of the treaty. Chief Mountain spoke up to protect the land that is assigned to his Hereditary Name and defend it for his people. Since that day our family has been the target of slander, disrespect and maligned in a manner no one should endure. Our family was marked as witchcraft. We were raised in a Christian family and I thank God that we were taught to pray, forgive, and respect people. We believe in the freedom of speech, to gather and express our opinions etc. In addition respecting other people?s opinions even if they differ from our own under the Charter of Rights and Freedoms and the Canadian Constitution. Which has been taken away from us under the Nisga?a treaty.

Our family received threatening letters from the Chairman of Ayuukhl Nisga?a Committee to remove our brother?s hereditary title for speaking on the flaws of the treaty. So, we wrote letters to the editor of the Daily News, to bring this matter to the attention of our Nisga?a nation which the Daily News refuse to write because someone from the Lisms Government threatened to sue if our letters were printed. CFNR was not allowed to broadcast an interview that was held on behalf of our family. And still today it has not changed, we are not entitled for any help in our community and where our parents house stood in Kincolith, our neighbor Bob Stewart was allowed without our brother?s consent to take two feet of our late parents property, which by law is in my brother?s name. Our immediate family members are refused jobs. Our children are spit at. Now where is the justice in all this? Where is the respect that our fore fathers taught us?

Our family attended the funeral of a highly respected elder who was very close to our family in New Aiyansh at which, Emma Nyce use his death as an opportunity without any respect for the Chief who died and challenged our family to attend her feast in Gitwinksihlk on October 28 2000. At which time she stole our Hereditary Names from our family and no one stood up for the truth. Stealing is a sin according to the Bible.

Our nephew Don Stevens was given the Name Saga Ween in 1993.at our late uncle Chief Mountains (Hubert Barton?s) memorial Stone moving feast which was hosted by our brother James Robinson (current holder of Chief Mountain.) Approximately 400 people witnessed the late Simoogit Bayt N?eekhl (Gordon McKay) adaawak on our family?s hereditary names, along with many other highly esteemed senior elders from Kincolith and from all the surrounding villages. There were Hereditary Chiefs from Skidegate, Massett, Vancouver, and the Tsimshian Nation also in attendance.

Our Hereditary names were also registered at the NTC Office in 1993,which was later brought over to the Nisga?a Lisms Office after the treaty was signed in 2000.We believe that these are official documents that were tampered with, which is when we believe the Nyce Family was backed up by the government officials who abused their power as elected officers to conspired against our family.

We have had many meetings and traditional feasts where we have videotapes of Respected Elders and Chiefs who encouraged us to walk with honor in our hereditary names and spoke and retold the story of Chief Mountain and Saga Ween. Honorable Chiefs like Simoogit Kw?axsuu (Morris Haldane,) Simoogit Axdii Min?aajax (Max Haines,) Simoogit Ni?iskw?axsoo (James Stewart,) Simoogit Gwak?aans (William Angus,) Simoogit Gwis Kien (Rueben Morgan,) Simoogit Gitxhoon (Ernie Morven), Simoogit Niys Wii Amootkw (Fred Doolan) Respected elders Fred Lincoln, We also have video tapes of the late Chiefs Anthony Calder, Graham Moore, Chester Benson, Jeffery Benson, Mathew Adams and Gordon McKay telling the story on Chief Mountain and Saga Ween. Documents were left for our family by our late grandfather Sam Lincoln and our uncle Hubert Barton who held title to these names. We also have videotapes of Matriarch Nits?iits?Geehl (Sadie Tait) Nits?iits Da?a (Addie Harris) Naa?idaa (Laura Lincoln) Dalda (Esther Adams) Dorothy Young and the late Bessie Nelson who witnessed the proceedings and retold the same story. All these respected elders are from Kincolith. And in all these stories, not once was the name Gosnell or Nyce mentioned in connection with the Chief Mountain house, except that they had no title to the name.

Why is no one listening to the hearts of our respected elders and people? Does everyone who speaks out against the treaty process or the flawed Nisga?a election have to pay for it like our family has? I was raised in Kincolith and I married there and I have never seen people mistreat or disrespect one another like they have treated our family since the treaty was signed.

We are a young family who is trying to teach our young people in our house our culture and to respect and walk with honor the names that has been given to them, but this teaching is proving to be difficult as our young people have not witnessed anything except disrespect from the people we are expected to honor and respect.

I hope others are not experiencing the same negativity and if they are. They should be encouraged to speak out about it.

Thank you Mr. Tait for encouraging us to write to our government, because it has given me the opportunity to write to you about the concerns I have. Our brother and family have done nothing to deserve this kind of harassments. As I shared earlier, I pray that more of our respected elders, such as you will find it in their hearts to stand for the truth; our young people are watching and willing to learn. It is entirely up to us what legacy we will leave our children in the Nisga?a Nation.

Thank you and we will be praying for you.

Mrs. Anonymous


Posted by blog2/nisgga at 11:44 PM
Updated: Friday, 18 March 2005 10:07 AM
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I am sending a copy of the letter from the Laxgalts?ap Village Government lawyer demanding an apology.

Do you know of any legal assistance that I can access so that I can establish that I cannot be silenced by fear of these guys. At this time, it appears that they are so desperate that they will do anything.

1. The documents are public documents.

2. They distributed these documents ? so if they are misleading and defamatory ? why did they give them to the people.

3. Our Nisga?a moneys were funneled into the belly up companies resulting in me being a Nisga?a investor without consultation or proper assessment on the return on our investment. They have a fiduciary responsibility to overlook all our finances as they decided to become investment/financial brokers.

4. When persons help themselves to moneys which is not theirs that is stealing ? whether that be $10.00 or $10,000,000. When these guys sit as Nisga?a Lisims Government Executives and Nisga?a Lisims Government Wilp Si-Ayuuks Nisga?a ? they are representing all Nisga?a. It is common knowledge and as stated by Martin Adams at our Terrace meeting that the problems we encountered in Terrace is not uncommon ? it happens in the Nass Valley quite often and handled the Nisga?a way.

5. When the council transferred education and social services moneys resulting in the shortage for kids school breakfast and lunch ? this is stealing from the community and helping themselves, their families and their friends. They also knew of the thefts that were happening in Terrace because I had sent them everything ? but they turned a blind eye.

Do you have any suggestions?

Posted by blog2/nisgga at 11:43 PM
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Nisga'a - Discrimination, Intimidation, Humiliation, etc. etc. etc
Human Rights Commission

We are begging for immediate help as the conditions are getting worse by the day - financial, physical, mental, etc. etc. etc. It is apparent that the Canadian Government and the British Columbia Government are unable or unwilling to protect our democratic rights.

Sunday, at 4 pm, Sylvia Stephens' home was entered by MCB Dibblee, Lisims RCMP on the allegations that she had stolen some documents. The complaint was lodged by Willard Martin, Chief - on behalf of the Laxgalts'ap Village Council. I have already left a message with the RCMP complaints dept. in Ottawa to call me Monday morning because Sylvia was so traumatized by this experience that she could not guarantee that some of my documents, that I had received from concerned citizens of the Nass Valley and I had lent her, were not confiscated by MCB Dibblee under the threat of incarceration.

It feels more and more that we are living in a dictatorship/police state under the Nisga'a Government - Mafia - it appears that they are fully supported by the Federal and Provincial governments.

So again - we appeal to you - send someone that is not needed in Irag or Afghanistan to help us.

Posted by blog2/nisgga at 11:41 PM
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RE Administrative Decisions and Review Board
February 25, 2005

Administrative Decisions and Review Board
Attention: Larry Guno, Chairperson
New Aiyansh, BC V0J 1A0

Dear Sirs/Madam:

This letter will acknowledge receipt of the ?written reasons? from your office dated February 24, 2005. We were informed following the receipt of the Final Order that the ?written reasons? were to be received by the 3 applicants in a matter of two days. The two days turned into exactly 21 days and I have no clue why it took so long.

At this time, I need to understand why the issue of the missing/lost/stolen ballot box was not dealt with as an illegal activity. I want to know why your Board did not push for Edward Allen to bring forth to the candidates a copy of the police report that Sgt. Kevin Jones gave to him. The New Aiyansh police detachment informed me that Ed had the copy and when I first asked Ed about it, he asked me, ?How soon do you need it?? The next day, after talking with legal counsel, he told me that he did not have it. To ease my own curiosity, the RCMP gave to me the file number and now, I requested the full report from Access to Information and, it may take some time from Ottawa but we need to see it. Apparently, I don?t know the truth to the rumor that the box was found behind the high school in New Aiyansh a few days later. Were the elections staff and security cross-examined? They all know something that we don?t know, but, eventually, we will find out. We live in a small place and my business is everyone?s business.

The issue of the inappropriate documents that Rhonda Peal presented for the six candidates is also avoided in your document. Why is it that something so illegal as Rhonda forwarding falsified documents can be just randomly overlooked? Matthew Bright Jr. is the person that I am referring to and I had several pieces of evidence to prove my case and that was never brought up. I want to know why? I did not attend the second day of the hearing and I would like to have that part of the meeting extracted, where this issue was brought up. WSN claims that they did not have sufficient evidence to fire Rhonda Peal at their last meeting and that amazes me, what else does she have to do or not do in order to get her out of this difficult position? In Greenville, a petition is being circulated and names are being signed to ask for her resignation or dismissal as soon as possible. We will not tolerate employees who think that they are invincible. This holds true also for people serving in high-position offices and it takes people to vote them in and we can also vote them out.

I am looking out now for Rhonda Peal to publish her list of qualified candidates and this time, her Criminal Record Checks should be all legal and not falsified as the first time. Once I see Matthew Bright Jr. listed, I will forward my Form 1 to your office to declare him not a qualified candidate and I have more than enough reasons and evidence. I will follow up with a telephone call to request to Sgt. Lovell, Terrace R CMP, and an update on the matter.

I am aware that your positions with the Review Board are very difficult and I commend you for your efforts and past work accomplished. Keep up the good work and one day, we may not see a need for such a Board when we all are treated equally and accountable to. Have a nice day.

Sincerely,

Anonymous


Posted by blog2/nisgga at 11:39 PM
Updated: Friday, 18 March 2005 10:17 AM
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Nisga'a Elections complaints/applications disregarded
Nisga'a Elections complaints/applications disregarded


fyi

It seem that all of the complaints/applications were not dealt with and the log of complaints from the Vancouver elections staff were ignored.






Posted by blog2/nisgga at 11:38 PM
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Nisga?a Administrative Decisions Review Board
MRS.TINA BOLTON
P.O. Box 11
Gitwinksihlkw, B.C.
V0J 3T0
(250) 633-2311

January 6, 2005

Nisga?a Administrative Decisions Review Board
P.O. Box 221
New Aiyansh, B.C., V0J 1A0


Dear Members:

I believe the 2004 Nisga?a Regular election was not carried out properly and in substantial manner in the spirit of the Act that it so deserves.
I?m writing in response to my application to declare the 2004 Gitwinksihlkw election\referendum invalid under section 60 of the Nisga?a Elections Act.
This is a written submission to declare the 2004 Nisga?a Regular Election invalid, even if this written submission is after the fact. Here are some of my reasons.

Submission after submission has fallen on your desk. Some submissions were rejected because of early submission, done before the November 10, 2004 date. Our elections held on October 27, 2004 ? November 2 our elections officer declared the results. Approximately 6 days had passed before our results were made public. In my opinion these applications were relevant to the issues -- given the enormity of the issues that lie with the outcome of the process in which the 2004 Nisga?a elections was carried out. After compiling these complaints, concerns, submissions etc. I only hope you come to the right decision at days end. Which to date does not look favorable because of the time lapse given for your board to come to a conclusion with regards to the submissions put forth after conclusion of the day?s process.

Here are some of my questions and concerns with the outcome of your decisions with regard to my submission. Residency was one of the reasons of my submission but so was the fact that the candidate was not a registered village member and that she is registered under the Laxgalts?ap Village Government. So in essence she is sitting at our table representing us and her PER CAPITA DOLLARS are flowing through Laxgalts?ap. Village governments thrive on per capita dollars and the constituents of Gitwinksihlkw are all aware of our struggle with this issue ? one with which I hope will be addressed by our village government.
.
On the voters list dated October 8, 2004 and in accordance with section 10(2), 15(1)(2), and 94(c) of the Nisga?a Elections Act - voters list GITWINKSIHLKW ? it states ? IF YOUR ADDRESS ONLY LISTS YOUR POST OFFICE BOX, YOU MUST REGISTER YOUR STREET ADDRESS TO BE ELIGIBLE AS AN ORDINARY RESIDENT. What sort of paper submission was put forth by the candidate that satisfied the residency clause issue? Does she have a street address in our community? Does she have a registered P.O. Box # in our post office? You only need to browse through our voters list to answer some of these questions ? because she is not on there. Why, was it technical error or human error? Where these taken into consideration or addressed and I guess the paper work was in order why you were satisfied that no part of the election act was broken or seriously overlooked when determination of residency arose. If you have proof of ordinary residence then all this would not be applicable. If you have this kind of proof then forward that pertinent information to myself to satisfy my thoughts of question.

In my opinion, it was premature of our government to go ahead with the bi-election (so it is called) for the village of Gingolx while this review was on-going. This in itself should have raised the red flags for someone and the bi-election for Gingolx should have been put to a halt until these issues where dealt with. And further why was it that there was a declaration to have a bi-election for Gingolx when George Moore Sr. was declared winner for the Chief Council position for that particular village, as stated in the declaration of the voting results of the 2004 Nisga?a Regular Elections put out by our Elections Officer, Ms. Bright. To make matters worst Ms. Bright was allowed to conduct the bi-election for Gingolx even though her conduct throughout the 2004 election was questionable.

I would like to make this clear that yes I am an unsuccessful candidate for the Gitwinksihlkw 2004 election and further this was not the reason for my submission. My submission was done on the basis that the election process was not carried out in the spirit of the act ? given not only my submission but all the written submissions and facts put forth by the public of our Nation to date. Too many mishaps had taken place within the process otherwise all these submissions would not be sitting on your desk and yes, they are vital to the issues and concerns that have come forth in regards to our elections and the manner in which it was carried out. That is the outcome of this issue ? WAS THE ELECTION CARRIED OUT TO ITS FULLEST EXTENT, BECAUSE IT DESERVES SO, THE FOLLOWING OF THE NISGA?A ELECTIONS ACT AND PROCEDURES? In this case I have come to the conclusion NO ? my opinion stands final.

Again I hope by the end of the day you will come to an honorable decision with regards to the many concern that have come to light in regards to our 2004 Nisga?a Regular Elections that have come through your doors.

Without Prejudice.

Sincerely,
Tina M. Bolton

Posted by blog2/nisgga at 11:37 PM
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Nisga?a Lisims Government
February 8, 2005

Mr. Kevin McKay, NLG Chairperson
Nisga?a Lisims Government
P.O. Box 231
New Aiyansh, B.C.
V0J 1A0

Dear Mr. McKay:

RE: Gary Alexcee ? Terrace Nisga?a Society

I called you today about Gary Alexcee, TNS representative to Nisga?a Lisims Government, slamming the door on me because I had gone to the office to follow up on our last membership meeting where he had publicly told me that I could come up to the office any time to view the financial report. Gary Alexcee?s actions depict his ignorance of our Nisga?a Lisims Government Code of Conduct and he has no clue of public office decorum. In any other government office in Canada ? there would be a place or someone to complain about this behaviour. The person would be fired or reprimanded.

As discussed with you, I questioned if the Board of Directors were supposed to be involved with the financial decision making ? as there were only two of them there obviously making financial decisions and signing checks. He said no as they were dealing with contingency funds - contingency funds (whatever!!!) are Nisga?a funds ? our monies. How is it that again our monies are being used to pay down bills that the membership had not benefited from or the membership and board of directors didn?t even knew about. Apparently they are still paying off the bills that our previous NLG representatives had stolen and mismanaged. Gary Alexcee does not know what transparency and open door policy means ? words and lies that so easily rolled off his weaselly lips. He instructs everyone that anything he tells them is ?confidential? ? Nisga?a word for ?gag order.?

Today, again, I have spoken to the Board of Directors ? Amy Forcier, George Cooley, Marlene Robinson, and Yvonne Glover to check how we are doing financially. None of our board of directors has been able to force the completion of financial statements. None of our board of directors know how much monies has been received, how much and on what it has been expended, and what is our balance. You were part of the Nisga?a Lisims Government (mafia) executive over the last four years as our monies were being stolen ? the executive who did nothing and told us that this was an internal matter. How can we deal with something like this when we get the door slammed in our faces. Not too many people are as outspoken as I am. Gary Alexcee idiotically continues as if he doesn?t know what internal controls are ? and that is a result of everyone getting away with stealing monies from the Nisga?a Nation and being unaccountable any one especially the Nisga?a nation citizens.

We have yet to see our Terrace Nisga?a Society Audited Financial statements to March 31, 2004 (year end.) According to our Terrace Nisga?a Society Act, we are supposed to have our annual general assembly where the audited financial statements are presented no more than six (6) months after our year end. We have had no monthly financial statements to this date. So it appears that it is business as usual ? even if it is misappropriating our monies to the detriment of our people. As Gary Alexcee said that it wasn?t approved by Nisga?a Lisims Government ? when will we get the report?

You also stated that the Financial Director was working with our office with the finances ? how is it that we have had no financial reporting? What are you guys trying to hide? Since the Nisga?a Lisims Government Director of Finance is working with our Terrace Nisga?a Society, there obviously will be no problem with receiving a financial report Wednesday, February 9th ? could you assure that we do receive a financial report at our membership meeting.

I am requesting immediate action before the misappropriation reaches the heights when Charles McKay, Martin Adams, and Matthew Bright Jr. were making all the decisions and signing all the checks behind closed doors without any accountability to anyone ? with full blessings of their NLG cohorts.

Is this standard procedure that you are teaching the newly elected executives ? or is this what they are learning from watching you?

Posted by blog2/nisgga at 11:34 PM
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Recount
REGISTRY OF NISGA?A LAWS: NISGA?A LISIMS GOVERNMENT
Nisga?a Elections Dispute Resolution Regulation, 2004
Form Two

Nisga?a Administrative Decisions Review Board
Application for an INDEPENDENT (OUTSIDE OF THE NISGA?A NATION ? AGREED TO BY ALL PARTIES) recount under section 55 of the Nisga?a Elections Act and others including under the Nisga?a Election Act (consolidated July 21, 2004) Schedule 1 Principles of election Administration

(d) (viii) if any deficiency in the administration of an election or referendum comes to their attention, to disclose that deficiency on their own initiative,

(e) the election administration must conduct its work to high standards of accuracy, and each person employed in the election administration, within their area of responsibility, must ?
(i) ensure that information is collected, compiled, and published in a way that is systematic, clear, and unambiguous, and (ii) do anything necessary, within the framework of Nisga?a law, to ensure that all the information that they compile, use, or publish has a sound factual basis, and

82. Investigations and audits by Nisga?a Elections Officer

(4) If a complaint is made in writing and the Nisga?a Elections Officer decides not to conduct an investigation into it, the Nisga?a Elections Officer must notify the complainant in writing of the reasons for the decision.

96. Offences in relation to false or misleading information
(1) An individual or organization must not
(a) provide false or misleading information when required or authorized under this Act to provide information, or (b) make a false or misleading statement or declaration when required under this Act to make a statement or declaration.

And Possibly others.

I, (1)__________________________, request the Nisga?a Administrative Decisions Review Board under section 55 of the Nisga?a Elections Act to conduct An independent (outside of the Nisga?a Nation and agreed on by all parties) a recount of the votes cast in the election for ?

(2) (A) National Elections for the positions of President, Chairperson, Secretary Treasurer and Chairperson for the Council of Elders__

(B) Kincolith and Terrace locals__election, held on (3)_October 20 and 27, 2005.

(C) Greenville, Vancouver, Prince Rupert, Canyon City, and New Aiyansh because you did not establish where the ballots were from that the scrutineers witnessed Rhonda Peal/Bright casting aside as they ?were not packaged properly? by her own staff.

I am one of the following: (4) (check the correct response)
_X _a voter for the voting area for which the election or referendum was held, or/and
_X_a candidate in the election or a candidate's representative.

The results of your recount in this election or referendum were declared on (5) November 9_, 2005__.

THE FACTS/TRUTH DID NOT COME OUT UNTIL THIS THURSDAY, FRIDAY, & SATURDAY ? JANUARY 27, 28, AND 29, 2005 NADRB HEARINGS WHICH ALSO EMPHASIZED THE OVER ALL EFFECTS OF THE SYSTEMIC SCREW UPS AND CRIMINAL OFFENSES.

This recount is requested for the following reasons:(6) (check any applicable reasons)
_X_that votes were not correctly accepted or ballots were not correctly rejected as required by section 45 of the

Nisga?a Elections Act;
_X_that unopened or resealed non-resident or mail-in envelopes contain ballots that should be considered;
_X_that a ballot account does not accurately record the number of votes for a candidate or referendum answer; or
_X_that the final count did not correctly calculate the total number of votes for a candidate or referendum answer.

The facts supporting the reasons set out above are as follows:

1)You breached Nisga?a Elections Dispute Resolution Regulation, 2004 Part 4 Section 55 Recount

27. Filing an application

(2) The administrative review officer must deliver a copy of the application filed under subsection (1) (b) to all the candidates or the candidates? representatives within three days if the application is in respect of an election. I DID NOT RECEIVE NOTICE

2)You and Rhonda Peal/Bright did not comply with Nisga?a Elections Dispute Resolution Regulation, 2004

37. Delivery of voting materials to place of recount
(1) On the date set under section 33 for the recount, the Nisga?a Elections Officer must bring or arrange delivery of the following to the place of the recount:

(a) all ballot accounts used for the determination of official election or referendum results;
(b) the summary of ballot accounts prepared;
(c) the ballot boxes containing the ballots and envelopes for which the recount was requested.

(2) The Nisga?a Elections Officer must deliver custody of the items described in subsection (1) to the presiding chairperson.

38. Recount procedure

(1) The presiding chairperson must preside over the full count of all ballots in the applicable election or referendum in accordance with any requirements of the Act and its regulations governing initial and final counts of ballots in the applicable election or referendum.

(2) Unless otherwise directed by the presiding chairperson, the presiding chairperson must retain custody of the ballot boxes brought for the recount until the recount is completed.

(3) Unless otherwise directed by the presiding chairperson, the presiding chairperson must arrange for the resealing of all ballot boxes
(a) during a recess or adjournment of a recount, and
(b) after completion of the recount.

- Supporting documents: Scrutineers documents state that ballots were thrown aside by Rhonda Peal/Bright because she stated that she didn?t know where they came from and she was not going to count them ? the scrutineers did not know where the ballots were from and which position they were for.

- In your recount the number of ballots did not change anywhere except in Kincolith and in Terrace ? but the votes for each candidate did not change. It was your positional responsibility and duties to determine that all ballots are counted for all respective candidates and to investigate any criminal offenses such as stuffing the ballot boxes or removing any ballots and stealing a ballot box without proper criminal investigation.

- Also the 7 votes for Kincolith that was validated by Phillip Knight legal counsel and Rhonda Peal/Bright within a few hours Friday night and/or early Saturday, January 29, 2005, suggests that you did not count all the votes during your recount on November 9, 2004 and you did not determine where the ballots came from or who cast them and for which candidate the votes were for - A RECOUNT IS NOT JUST TO OPEN THE BOXES AND PRETEND TO COUNT ? YOU ARE SUPPOSED TO FOLLOW PROPER PROCEDURES THAT ARE SET OUT IN THE NISGA?A ELECTIONS ACT.

(7)

1) Your recount conducted for Kincolith exposed, in the supposedly sealed ballot boxes, 7 additional ballots for the Village Chief and Council

2) These were not counted as the NADRB along with Rhonda Peal and Phillip Knight legal counsel were unable or unwilling to determine where they had come from ? did this not raise the issue of tampering?

3) On Friday, January 28, 2005, at approximately 10 pm, under the objection of Peter Stevens Jr., Larry Guno NADRB Chairperson arbitrarily gave Rhonda Peal and Phillip Knight until 9 am the next morning to find out where those ballots came from ? Peter Stevens Jr. has received Rhonda Peal/Bright?s, Chief Electoral Officer, and Phillip Knight?s, legal Counsel, that Kincolith voters/names were associated with those ballots ? this was all done without any scrutineers or candidates present.

- NADRB and Rhonda Peal, CEO and Phillip Knight failed in their duties and responsibilities to count those 7 ballots in the Village Chief and Council votes and the national votes ? instead they made the decision to have a by election for Kincolith which was conducted January 2005.

4) The Terrace local count declared November 2, 2004 by Rhonda Peal (Bright) documents 251 ballots.

The Nisga?a Administrative Decisions Review Board supervised recount November 9, 2004 documents 244 ballots counted with exactly the same figures for all candidates. Where did the 7 ballots disappear to and how is it that each candidates has the same number of votes ? WHAT KIND OF RECOUNT DID YOU DO ? WAS IT ?SHOW AND TELL? IN ORDER TO SUPPORT RHONDA PEAL/BRIGHT?S COUNT? Did you not see, question, and investigate who stole the 7 ballots for Terrace - this is a criminal offense ? under international standards ? not the minimum standards of the Nisga?a elections act. Was there also 7 ballots missing from the Terrace box for the National? And was the 7 extra ballots counted or missing from the Kincolith ballot boxes? - and for the National???

Attached are the following documents in support of my request for review:
(8)
1) NADRB has not sent the names of the persons whose votes were not counted in the November 9th recount although they have verbally given it to Peter Stevens Jr. ? this document will be submitted if ever received by Peter Stevens Jr. from your office.

Posted by blog2/nisgga at 11:33 PM
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Review Board final reports
The Nisga`a Administrative Decisions Review Board have given thier final reports to the applicants that applied under Section 60 of the Nisga`a Elections Act.The hearings were held on January 27, and 28th, 2005 in New Aiyansh.There were more applicants that were turned away because they did not meet the time frame as set out in the rules . This process itself is flawed because the admistration of this board did not advertise this very well.The chairperson of the Nisga`a Administration Review Board declared the election for the offices of the Chief Councillor and Councillors of New Aiyansh Village Government held on October27, 2004 is valid dispite all of the evidence and statements that were given at the hearing.All the concerns from the applicants from what I listened to were similar to the other applicants.At the hearings for the New Aiyansh applicants almost immedietly the chair of the NADRB and the New Aiyansh applicants were in a debate as to whether this hearing was going to be fair or did the board already have a resolution to this flawed election. The chair of the NADRB interupted just about every witness that was giving evidence or statements.There was a full audience in the gallery to witness this event.At times some of our citizens from our Nation had to leave the room in disgust because of hearing and watching the disrespect that was being potrayed in the hearing.In my view this was a hearing of denial rather than one of truth.This election was not only just flawed, it is also giving us an opportunity to address the many things that are wrong with the we carry out the business of our Nation. I think the only alternative for us is to take what ever steps that need to be taken to get all of the truth out in the open.After all we proclaim to the world that we are open and transparent.Unfortunately the hearing we just went through did nothing to demonstrate that.There are many good Nisga`a citizens out there ,let your voice be heard and write to your Government of the Nisga`a Nation. We can not afford to have any doubts about any of the Nations business

Posted by blog2/nisgga at 11:23 PM
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RE: Immediate dismissal of Ms. Rhonda Peal (Bright) & Mr. Phillip Knight, Rhonda Peal (Bright?s) Lawyer and Advisor
Attention: Nelson Leeson, President Nisga?a Nation
Kevin McKay, Chairperson NLG
Chester Moore, Chairperson, Nisga?a Council of Elders

RE: Immediate dismissal of Ms. Rhonda Peal (Bright) & Mr. Phillip Knight, Rhonda Peal (Bright?s) Lawyer and Advisor

1) Rhonda Peal (Bright) fired one of the elections staff in Vancouver for attending a public function where a candidate for the Nisga?a election was present - Rhonda Peal (Bright) failed to remove herself after attending a private party at the secretary treasurer candidate/incumbent Ed Wright?s residence.

2) Rhonda Peal (Bright) allowed people to run that are under investigation in Terrace and one of them is Matthew Bright Jr., her husband.

3) Rhonda Peal (Bright) could not produce proper criminal record check documentation consistent to those submitted by other candidates for our elections for her husband Matthew Bright Jr.

4) Rhonda Peal (Bright) and Mr. Phillip Knight, lawyer, did not report or request an RCMP investigation into the missing ballot box ? in fact there IS NO INVESTIGATION going on regarding the criminal act involving the disappearance of the ballot box and other criminal acts (which can be exposed when an election audit is done.)

5) Rhonda Peal responded at the Administrative Review Boards hearings that our election was not consistent with the best practices of any election.

6) During the hearing process, Rhonda Peal and her lawyer/advisor Phillip Knight displayed their contempt as they continued in their abusive processes of justifying raping us of our democratic right. Phillip Knight harrased some of our applicants by frustratingly asking questions to divert questions and issues that he and Rhonda Peal could not deal with, ie. harassingly questioning Sylvia Stephens ?who had the authority to mark the ballots? instead of dealing with the issue that some ballots had been altered and changes were done. Mr. Phillip Knight is just another fast talking lawyer using us to make money.

7) PHILLIP KNIGHT LAUGHINGLY QUESTIONED RHONDA ?DID MR. DAN GUNO SR. OR ANY OTHER DEAD PERSON VOTE?? BOTH PHILLIP KNIGHT AND RHONDA LAUGHED AS SHE RESPONDED. ?. I WALKED OUT ? WE ARE STILL HURTING FROM LOSING DAN. AGAIN I WAS WITNESSING AND EXPERIENCING THE CONTEMPTUOUS BEHAVIOUR PERMEATING FROM OUR LEADERS TO THOSE THEY EMPLOY TO DEAL WITH US ? THE SAME ABUSIVE, RAPIST, DICTATORIAL ENDURANCES OF THE PAST COUPLE OF YEARS AS WE TRIED TO EXPOSE THE EMBEZZLEMENT OF OUR TERRACE NISGA?A MONIES ? BY OUR NISGA?A LISIMS GOVERNMENT LEADERS AND THEIR FRIENDS.


I UNDERSTAND THAT YOU ARE HAVING A MEETING TODAY ? MONDAY, JANUARY 31, 2005 - I AM DEMANDING AN IMMEDIATE RESPONSE TO THIS SO THAT I CAN ADDRESS THIS WITH OUR COUNCIL OF ELDERS.

Posted by blog2/nisgga at 11:20 PM
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Article on the web
http://sisis.nativeweb.org/clark/nov0698anis.html

Posted by blog2/nisgga at 11:18 PM
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Nisga'a Administrative Decisions Review Board
Nisga'a Administrative Decision Review Board will be putting on a show to pretend that they are dealing with the botched up Nisga'a Elections - despite the inaugurations and the new nomination and advanced voting in Kincolith. The Nisga'a Administrative Decisions Review Board refuses tohear all the applications despite the obvious - our Nisga'a elections are not over.

To voice you concerns:

Call 1-866-633-2652


Posted by blog2/nisgga at 11:16 PM
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Members of our Nisga?a Nation
Members of our Nisga?a Nation know me quite well by now! My name is Sylvia Stephens from Laxgalts?ap and my reputation is described as a ?peoples? advocate?. I was taught as a child by the ?best? set of parents on how we should treat one another. I believe in ?compassion? and helping one another in time of need as they say, ?the more you give, and the more you will receive?. My father, the late William C. Stephens, instilled in each of us in our family the ?true value in life? and I thank God for our mother, Katherine , who is still with us, as she is like our ?Rock of Gibraltar?. I taped her life story yesterday for her future grandchildren and great-great grandchildren to hear. It was an emotional time as she revealed her life story and that means a lot to me as I have three beautiful grandchildren now who are my treasure.

Over the years, changes have taken place in our community of Laxgats?ap and thanks and appreciation goes to our ?true? leaders who have passed on and who contributed a lot to what we see today. Our ancestors struggled for our Land Claims and I am learning a lot from attending Nisga?a Culture evening classes in New Aiyansh. Next semester, I will enroll in Nisga?a Culture Level 4 and Nisga?a Language Level 4. By the end of the 4th semester in Language, our expert instructor, Verna Williams says that we can make a speech using our own language. It is fun and I enjoy it very much. It makes me appreciate my culture and traditions more and I am glad to see the younger children learning Language at an early age now. Earlier times, we were punished if we uttered a word in our own language. I was not in agreement with the Treaty for the very reason that I see what is happening in our community right now!

I have been doing research on our Government structure and I am sadly aware of what is transpiring. Contacts to the Federal government have been made and I stressed the importance of how we need to see transparency and accountability in our government. Talking with Indian Affairs yesterday, they informed me that we receive ?block funding? and they can do whatever they want to do with the monies. That is so scary! The majority of our leaders need to educate themselves on how a true government should be run and get out of the ?traditional? style where they say, we are the bosses so don?t tell us what to do! I call that a very ?unhealthy? organization as we all should have a say as when the Treaty was passed, we did not get a red cent from it. Our average unemployed citizen barely received $175.00 per month while the Chief Executive Officer can earn hundreds of thousands of dollars. My next step is to see what the President and all the executive earn as these dollars are ours and we want to see something from our Treaty and not, ?the rich are getting richer, the poor are getting poorer? Sad words to say but I was warned about this but what can you do when the majority rules? We were promised self-sufficiency and a solid-based economy and what we have seen over the past 4 years is zero. We have gone from bad to worse as several of the members on our Village Government now allowed the 3 belly-up corporations to deficits in the millions of dollars. After audit research, I found that they transferred the program dollars (Social Development and Education) to bail out these mismanaged corporations. Our Programs and Services Manager, did not see fit to stop any of this before it reached the point of no return. It is sad to say but, they are right back into the swing of things.

What motivates people to run for Council elections? I can say, it is their ?bread and butter? and bingo monies as that is where they can be found all weekend long. I thank the 75 supporters who voted for me and I know that you had confidence in me but,? the same old, same old, families vote in their families?. In my life, I don?t think things will ever change as our people resist change and they think of just for today and not the future. I wonder what will be there for my grandchildren, scary thought! I encourage the younger generation to stay in school, pursue a career and be self-sufficient. To date, I am taking my 27th online course and I have received 2 certificates. Business Office Assistant Certificate and Accounting Specialty Certificate through Northwest Community College. At the present time, I am successfully completing the Management and Business course with BCIT online. The best advantage of doing online learning is the flexibility and getting an education from the comfort of your own home. My mid term exams have just been completed and I love the challenges that I face with this type of learning. It is a very rewarding and a motivational experience for me. Next spring, I will be directing my life towards a business plan and pursuing my dreams to be a successful entrepreneur. The sky is the limit on what resources are available out there and I always say, ?life is too short, do the best while you can and always believe in yourself?.

I will go back to the main reason for my article. I want to challenge the statements made by our Chief Electoral Officer when she said that what people heard about our election were rumors. I know a rumor when I hear it but I have the true facts that still lead me to believe the legality of the overall process. I am not saying that it was an illegal election. There were just too many flaws. We only waited six days to hear the results and this would not have happened if the mail in ballots were mailed out in time to voters living in urban areas. On the advance polls, the ballot sheets were marked as the staff crossed off, the number 8 as the printing people should have had, Vote for 6 and not 8. I directed my question to her and her explanation was, it was a human error. There were many issues that I raised and faxed off to the Administrative Review Board as of yesterday and I await the outcome of this. To add insult to injury, they lost a ballot box en route to New Aiyansh from Greenville. I saw some security people present, how could this have happened? I directed my questions and concerns to the Chief Executive Officer and his only reply is, ?it is a touchy subject? and ?we are at arm?s length? with them. Now, do you see what we have to live with? They don?t care about us once they get into Government or they are sitting in the comfort zone earning a fat pay check. I call this ?corruption? and I know that I will hear feed-back but, what do I have to lose? It is our lives that I am talking about and we are no better than a Third World country. The truth hurts and as I said before, I care and I guess that is just not good enough. I will be their watchdog over the next four years and with positive support from others, we will prosper and see fairness that we desperately deserve.

I thank you for your understanding and listening to my woes but chin up to all who feel like defeat, with hard work and commitment, we will once again be proud of where we come from and who we are! God Bless!

Posted by blog2/nisgga at 11:13 PM
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The Honourable Irwin Cotler
Minister of Justice and Attorney General of Canada
The Honourable Attorney General Geoff Plant
Ministery of Attorney General and Minister Responsible for Treaty Negotiations

Richard E. Rees, FCA, B.Sc., CAE, CMC
Chief Executive Officer
The Institute of Chartered Accountants of British Columbia

Dear Sirs:

In my November 16, 2004 E mail, I had requested an immediate investigation and forensic audit in all levels of our Nisga?a Governments and their entitites.

Here are some substantiated and some unsubstantiated reasons why every level of Canadian Government that sends monies to our Nisga?a Nation should be concerned how the monies are being mismanaged and basically stolen from Nisga?a Citizens. Also her Majesty Queen Elizabeth II should be concerned as on her behalf the Minister of Indian Affairs and Northern Development entered into comprehensive funding arrangements with the Terrace Nisga?a Society on January 10, 2002 for $13,000.

In my November 25, 2003 letter to Mr. Edward Allen, Chief Executive Officer Nisga?a Lisims Governent page 19 our 2000 ? 2001 5 month Audited Financial Statement Nisga?a Lisims Government Revenue 0, yet according to Charles McKay in February 16, 2003 meeting minutes page 9 in ?it was part of Lisims Government that was their (target monies)? So, how much did we receive for complete year 2000 ? 2001 from Nisga?a Lisims Government and how did Nisga?a Lisims Government pass their audited Financial Statement when monies they sent did not appear on our audited financial statements from 2000 ? 2001. Who was their chartered accountant and exactly how or what did he/she use to reconcile the audited financial statements???

2002 ? 2003 audited financial statement Nisga?a Lisims Government Revenue $257,886. According to Nisga?a Lisims Government Ted Gosnell, Intermediate Accountant, $363,050 was sent to Terrace Nisga?a Local. Again monies are missing. How did Nisga?a Lisims Government pass their audited financial statements. Who was their chartered accountant and exactly how or what did he/she use to reconcile the audited financial statements?? Also Terrace Nisga?a Society Audit was not passed to this date by the membership!!! All $363,050 was mismanaged and stolen plus another $280,000 added to our society?s deficit.

On February 29, 2004 a membership meeting was called by the compliance audit committee and Terrace Nisga?a Society Members? motion was passed
?Freeze accounts and funds immediately until such time that either a new executive is elected or a new administrator is put into a position where we have clarified where we are financially. Direction from the Compliance Audit Committee Chairperson (Gary Alexcee) that the motion be sent to the Nisga?a Lisims Government Executive, Nisga?a Lisims Government Financial Authorities and the Royal Bank. About a week or a couple of weeks after the meeting I had tried to check with Gary Alexcee whether he had fulfilled the responsibility that the membership had delegated to him. He was not home so I called another member of the committee (Larry Derrick). He told me that nothing has been done with the motion. I had told him the whole committee is going to be accountable for all the monies from February 29, 2004. I also told him to take the motion to the Royal Bank ? he told me he was not going by himself ? so I met him at the Royal Bank where we presented the motion to the bank Manager. Whether Gary Alexcee gave the motion to Nisga?a Lisims Government ? I do not know.

Recently I had received in the mail an unaudited income statement 2003-2004. Apparently produced by Mr. David Rootham and Vicky under the supervision of the chairperson of the compliance audit committee, Gary Alexcee. So when I was in New Aiyansh, I had asked for the financial statement for the Terrace Nisga?a Society. Mr. Gertsmar told me that it was not theirs to give to me and maybe after he checks he will email it to me. Instead he was only allowed to give me the figures over the phone and they are as follows:

2003/2004
Base fund 296,175
Stipend and travel 49,806
1 time program enhancement 50,000
Education 23,390
Held back M Adams & C McKay?s pay 93,300
= $419,465

2004/2005
Travel 12,000
WSN 43,800
Training 22,000
Administration 178,855
Language and culture 37,400
Economic Development 33,000
Held back M Adams & C McKay?s pay 91,800
= $235,255

If you compare this to the unaudited income statement - monies are again missing. Today is December 7m 2004 ? our year end was March 31, 2004 and we still did not see any audited financial statement and no monthly statement for at least the past 2 years. Apparently the money for 2004/2005 are all spent. So again, how did Nisga?a Lisims Government pass their audited financial statement. Who was their chartered accountants and exactly how or what did he/she use to reconcile all the discrepancies????

In my November 9, 2004 letter to Prime Minister Paul Martin, I stated that out of 13 million of our trust funds apparently 2.5 million was lost ? rumour was that monies were missing in several departments and that the businesses were run under management similar to our Terrace Nisga?a Society?s SkeeNass ? a money pit with only those running them making money. Nisga?a Lisims Government used to purchase building in Terrace money designated for family and child services. Also there had been rumours of summer/vacation houses being purchased with our monies all the way from Prince Rupert through Mexico to Hawaii.

When I was recently in Vancouver, I was told that certain Nisga?as were given monies for off reserve housing. Apparently when some other people found out and wanted the same treatment they were told it was a mistake ? so who benefited and who now owns these houses? Also, I was told that the same persons received money to start a low income housing in Vancouver. These apartment buildings are worth millions ? and no one really knows who collects the revenues or if the buildings were sold.

In the Vancouver Province April 14, 2000 the article ?End of Colonial era? Nisga?a celebrate the right to self-government after senate approves treaty. What era did the Senate think we were embarking on?

July 25, 2000 the same newspaper ? Nisga?a celebrate as treaty upheld. In this article Justice Williamson also noted terms of the treaty - stating that in any conflict between Nisga?a law and federal or provincial laws, the senior governments? laws will prevail.

So how is it that no one is coming to our aid ? instead the Nisga?a mafia prospers. In the same article Mr. Gosnell said more than 500 Nisga?a have taken advantage of the the provisions in the treaty that allows for a commercial fishery. What he fails to state is that Nisga?a Lisims Government was opening and closing the fishing on a whim, but Nisga?a Lisims Government continues to fish 24/7 . As with everything else, even this little benefit for our people was taken away by Nisga?a Lisims Government without fully consulting us - only fishers with 24 foot boats are allowed to fish ? they effectively excluded the very people who needed this benefit but did not have the larger boats.

Last April an assembly was held in Greenville. I was told by one of the Chief Councillors that the first 2 days of the assembly would be dealing with cultural taboos. He asked me which government has held an assembly - As a government, they don?t need to hold an assembly. I also found out that 1 day was designated for finances and this only dealt with estimated budgets for this coming year.

Posted by blog2/nisgga at 11:13 PM
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Nisga?a living off reserve
How did we ? Nisga?a living off reserve lose our right in making any decisions on our lands, yet we had that right at the time we voted on the treaty. And monies from the Canadian Government is being calculated and received for the whole nation of approximately 6000 Nisga?as ? but with the Canadian Governments blessing ? only the mafia (along with friends and relatives) is benefiting

When I first read the constitution I thought only Nisga?a living off reserve are being discriminated against by Nisga?a Lisims Government. I?m not a lawyer but after getting the emails from Nisga?as living in the Nass I concluded that only a very small and select few our of 33% were benefiting and the rest of us are being discriminated by our Government. Under section 6 ,
6. The constitution of the Nisga?a Nation
(1) This Constitution is the supreme law of the Nisga?a Nation, subject only to:
(a) the Constitution of Canada, and
(b) the Nisga?a Treaty, which sets out the authority of Nisga?a Government to make laws.
(2) The Canadian charter of Rights and Freedoms applies to Nisga?a Government in respect of all matters within its authority, bearing in mind the free and democratic nature of Nisga?a Government.
(3) In the event of any inconsistency or conflict between this Constitution and the provision of any Nisga?a law, the Nisga?a law is, to the extent of the inconsistency or conflict, of no force or effect.
section 9

9. The principle of rights in the Nisga?a Nation
The rights set out in this chapter are an expression of the fundamental values of the Nisga?a Nation, which cherishes the unique spirit, respects the dignity, and supports the independence of each individual living together in a community of shared resources and responsibilities.

Letter November 25/03 to Mr. Edward Allen, Chief Executive officer Nisga?a Lisims Government page 9 and 10 copy attached:

From the Hak?ak?a?a April/01 to Mar 31/02 Total disbursements to villages and locals was $11,321,096.14. The Terrace Local received $184,300 which is approximately 1.6% of the total budget for over 1,000 Nisga?a in Terrace or approximately 19% of our total population.

Total to Nisga?a Urban Locals $ 562,200.00

Total Nisga?a members living on reserve at Mar 25/03 1778

Total urban members living off reserve at Mar 25/03 3166

Budget: $6,367.32/on reserve Nisga?a
$177.57/off reserve/urban Nisga?a

What formula is used resulting with us benefiting approximately 2 cents on the dollar - and that?s before you deducted the wages of our Nisga?a Lisims Government representatives Martin Adams and Charles McKay. Who sets these figures? Aren?t we Nisga?as also? We have no rights or say in the way our monies are spent. How did the board of directors decide to pay themselves above their regular NLG pay and the budgeted $12,000 and who is monitoring this?

Our 2003 ? 2004 total transfer issued $339,975

At the time of writing this letter I was not sure what was happening to our monies being sent to village governments ? even though rumors were that what happened with our monies in Terrace is only the tip of the iceberg.

------------------------------------------------
Here is the correspondence sent to under separate cover:

Honourable Andy Scott, Minister of Indian Affairs and Northern Development
Bill Belsey, MLA North Coast
Roger Harris, Minister of State & Skeena MLA
Nathan Cullen , NDP Ottawa

Also, I received a phone call that $2 million was loaned to these ?dummy? corporations from Nisga?a Lisims Government Financial Executives.

If these actions (ie. transfers to ?dummy? corporations monies from education, governance and administration, income assistance, and from social programs) had taken place anywhere else ? everyone would have been dismissed ? an investigation launched ? but because it is in the Nass ? it is business as usual.

These are excerpts from another concerned citizens letter regarding the decadent exuberant salaries of Nisga?a Lisims Government (mafia) - outgoing Councillors staying on to make their ?Annual Christmas bonuses in per diems? of $3,000 for December. Regular Nisga?a gets only $175/month resulting in 2,100/annually ? MEMBERS OF THE MAFIA MAKE THAT AMOUNT IN LESS THAN A MONTH OF PER DIEMS ? NEVER MIND THE BASE SALARY OF APPROXIMATELY $50,000 TO $100,000 PER YEAR ? AND ALL THE INCOME FROM THE ?DUMMY CORPORATIONS?

As you can see section 9 apply to only select few (mafia members)

Again, I?m not a lawyer but we need help desperately, before more of our young people die and our nation goes bankrupt and the Canadian Government in its wisdom confiscates our lands to cover the debt. As we are the first natives to have self government and we will be the first natives to eventually be without any land whatsoever if this does not change.

Since the constitution of Canada and all laws of Canada and British Columbia supercedes Nisga?a ?show and tell?? laws - as under financial/bankdruptcy/insolvency laws?.your assets could be sold to cover your debts ? so what will happen? If it cost us 50 million to negotiate what we have now ? imagine how much it?s going to cost us to litigate under bankruptcy and insolvency acts. Maybe that?s why the Canadian Government does not seem to care what happens to taxpayers monies that are financing this mess. As in time there is going to be compensation for the Canadian Taxpayers (Nisga?a Lands.) So again, I am asking you to assist us in any way you can.

I had stated - the communist system will not work. In old Russia ? alcohol was rationed - that?s how the population was controlled ? give the population that you want to control drugs, alcohol and any other distraction - resulting in no one questioning the actions of the government. Is it coincidence that everyone one seems to knows who is bootlegging and selling drugs, but a blind eye is being exercised by everyone in power to put a stop to it (coincidence ? or another source of income for the mafia?)

If you require additional information of what we have done to this date to help us ? please send me your mailing address ? so that I can send you the disc of correspondence. You can also get a copy of the disc from our Prime Minister Paul Martin?s office.

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December 13, 2004

Honourable Andy Scott, Minister of Indian Affairs and Northern Development

Dear Sirs:

Because I?m living in Terrace and I have been a tax payer all my working life, I am assuming you are my representative. Even though I?m Nisga?a without any
rights in the Nisga?a Nation I?m still a very proud Nisga?a and Canadian but with each passing day of inaction by all levels of governments, I?m more and more perplexed as to who is responsible in ensuring that our rights are in fact intact and are not just a figurative of our Nisga?a Lisims Government?s ?show and tell? semblance of a democratic society ? equality of rights and opportunities.

If you or any other department in your government cannot help ? can you please forward this letter to the department of her Majesty Queen Elizabeth 11, who signed the agreement to empower the select Nisga?a Mafia.

All we are seeking is a level playing field and justice for All Nisga?as not within the circle of the Nisga?a Mafia. I am asking for help because I have not received, nor am I expecting any help from the Nisga?a Lisims Government (letter attached) To get any answer on any question is like trying to get a bone from my dog. So please consider my application for a grant as indicated in my letter that was sent to Nisga?a Lisims Government

Posted by blog2/nisgga at 11:06 PM
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