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Tuesday, 8 March 2005

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.

-----------------
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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The Terrace fiasco
Topic: Nisga'a information
I am a Nisga'a living in Terrace. I was asked to help from our Terrace membership to get some answers regarding our finances in Terrace approximately 2 years ago. I did not realize how serious and widespread the problem was. This is one of the recent correspondences regarding the problems we have had with the financial accountability of our Nisga'a Lisims government leaders. The Terrace financial fiasco is now in the hands of the auditors, RCMP, Prince George fraud squad, and possibly crown counsel. The latest fiasco was our botched elections.

-----------------------------
High Commissioner for Human Rights
Office of the United Nations

RE: The Constitution of the Nisga?a Nation or rather the blueprint of what laws the Nisga?a mafia had enshrined for complete control of their people and used as a great fiction play for all societies

It appears that we have no tangible rights under our Nisga?a Constitution and that there are no Canadian sources of assistance. It is detrimental that we get some help with the injustice that we are dealing with - Most important reason is that enough of our young people had committed suicide since self government (6) which does not include the numerous attempts that are being kept quiet. The two (2) letters included are an important window into our youth?s sense of despair and hopelessness ? which is a reflection of many of our general population?s sense of resignation to the belief ?we can?t do anything about what we are experiencing, hearing, and seeing.?

Approximately 2 years ago Nisga?a government wrote in the HaKaka?a that they are negotiating with the Canadian government for money to establish a Drug and Alcohol treatment center. It is absolutely appalling that our Nisga?a government has no money for something like that but there seems to be plenty of money for ?dummy? corporations so they could pay themselves even more than their astronomical governmental salaries and also pay friends and families. Personally, I do not think that it will make any difference - even if treatment centers are built behind every tree in the Nass Valley. You can live for so long with this kind of mismanagement, but when there is no hope of change as demonstrated in these 2 letters (not much change) I?m including from our young people then it does not matter how many treatment centers you build ? nothing will change. We have for show and tell ? our million dollar government building, million dollar health center (to provide an efficient route to die and to pronounce us legally dead), New police station, etc. etc. etc. Our medical is so bad that many people can?t get their glasses, dentures, as we have to pay up front as our medical money has been also mismanaged to where many businesses will not accept a Nisga?a Valley Health Contract to pay. Now we hear from January 2005 Nisga?as will have to pay for prescription medication as apparently there is no money to be had, but by a miracle money for Nisga?a Lisims Government were not mismanaged ? it still flows. Salaries possibly approved by the Canadian Government, not by the Nisga?a Nation are being honored without any problems of any short fall.

The negotiation for treatment are going so long, because that?s extra per diems, also I had the feeling that the major stumbling block is transfer payments for running the treatment center and to have left over to finance private accounts.

In the Winnipeg Free Press approximately April 14/00, Mr. Gosnell said: The legal wrangling with Ottawa that began in earnest 20 years ago has cost the Nisga?a about $50 million To this day I don?t believe any of our people has had the privilege that is reserved for a select few ? that is to view source documents of how exactly all this money was dispersed. With all due respect to those not involved; but, when was the Nisga?a Mafia established and how much did the Governments of Canada know as they had to foot the bills. That would explain the inaction of the Canadian government.

Our Nisga?a constitution ? we the Nisga?a people living outside of the reserve lands are being discriminated against by Nisga?a Lisims Government. (Page 10 District 1 ? 8) as you can see there was 33% of all Nisga?a living in the Nass Valley but as you can see they elected the majority of our government. In election of 2004 (which is still in dispute) New Aiyansh - 8 elected, Gitwinksihlkw - 6 elected, Lxgaltsap - 7 elected, Gingolx - 6 elected. Urban locals Prince Rupert - 2 elected, Terrace -2 elected, Vancouver - 2 elected.

I am asking you, the United Nations, for financial assistance or any legal assistance even before I receive any answer from any Canadian Government elected representatives because to this day no help has been promised. I am sending you the disc of documented correspondence seeking assistance with all levels of government including Nisga?a Lisims Government since May 2003 ? the disc also includes scanned responses. Only one of our elected politicians, Mr. Andy Burton, MP for Skeena (00-04) made a suggestion to contact Department of Northern and Indian Affairs. When we did we were told they could not do anything because we are (Nisga?a) self government.

These are some of the agencies who used our Nisga?a self government excuse for not being able to help us ? regarding the mismanagement of our monies in Terrace and the abuse of our people:
B.C. Ombudsman
B.C. Registry of Societies
Honorable Judge in Terrace
Elections Canada (December 2, 2004)
And definitely no help from Nisga?s Lisims Government

What was even more inconceivable was that Mr. Roger Harris elected Liberal for B.C. Government met with Mr. Charles McKay and Mr. Martin Adams, but did not give us the same courtesy.

All Nisga?as had voted for President, Chairperson, Secretary-Treasurer, Chairperson for the Council of Elders. Nass Valley 27 members elected for Government and urban locals 6 elected ? plus 4 that could have been elected from urban locals or Nass Valley. If we leave the 4 out for the moment then a population of 33% elected 82% of our Government; however, if 4 are added to the Nass Valley total 31 elected then 33% population has representation of 84%, 4 added to locals then 33% population has still 73% of Government representation. It almost appears that the ?old boys club? had decided when the constitution was drafted how many position was needed so all chiefs would have a position in Government. Which reminds me ? why do we not have one single lady chief ? are we that inferior? These are untaxed salaries of elected officers who ? who approved these? How many Canadian cities with 6000 people have 37 councillors and have salaries of approximately $1,850,000 and per diems (as per letter from Greenville) another $1,032,000 ? no wonder we can not afford medical and any thing else (copy of salaries for TNS attached) Since Nisga?a Lisims Government financial statements are inaccessible, I am basing their tax exempt salaries (benefits for NLG executives for self government) on Terrace executives which is listed in my letter in November 25, 2003 (page 9) email and no response from any Canadian Government.

Because we live off reserve we have to pay taxes and we for unknown reasons do not qualify for money for off reserve housing. I do not understand why we have Section 24 social and economic goals of the Nisga?a Nation. The Nisga?a Nation expects Nisga?a to pursue, amongst other goals ( c) that Nisga?a citizens have access to housing ? only in the Nass Valley and some people in Vancouver until it was deemed a mistake ? yet apparently they kept the houses in Vancouver. During the voting for the treaty ? all our votes wee supposedly counted. Now that monies are coming in ? only a select few from 33% are getting benefits

We are discriminated by section 26 which basically amounts to dictatorship.

----------------------------------------------
THE CONSTITUTION OF THE NISGA?A NATION
26. Representation of Nisga?a citizens in urban areas
(1) There is a Nisga?a Urban Local in each Nisga?a Urban Local Area.
(2) Subject to a Nisga?a law made under subsection 26(5), there are
Nisga?a Urban Local Areas in:
(a) Vancouber;
(b) Terrace;
(c) Prince Rupert/Port Edward; and
(d) any other Nisga?a Urban Local Area determined in accordance with Nisga?a law;
(3) The Nisga?a Nation recognizes that Nisga?a citizens ordinarily residing within each Nisga?a Urban Local Area have organized themselves in
Nisga?a Urban Locals to, among other things;
(a) provide liaison and contact between Nisga?a Government and citizens ordinarily residing within the Nisga?a Urban Local Area; and
(b) inform Nisga?a Government about the view of Nisga?a citizens within the Nisga?a Urban Local Area.
(4) Nisga?a citizens ordinarily residing within a Nisga?a Urban Local Area are entitled to elect at least one individual to serve as a representative from that Nisga?a Urban Local to Nisga?a Lisims Government.
5) Wilp Si?ayuuklh Nisga?a must make laws establishing;
(a) the number of representatives to Nisga?a Lisims Government to which each Nisga?a Urban Local is entitled;
(b) the boundaries of each Nisga?a Urban Local Area; and
(c) procedures to be followed before a Nisga?a Urban Local is established, changed or dissolved.

Section 36 because determined under section 26.

THE CONSTITUTION OF THE NISGA?A NATION
36. Nisga?a Lisims Government Executive
The Nisga?a Lisims Government Executive consists of:
(a) the President, the Chairperson, the Secretary-Treasurer, the Chairperson of the Council of Eleders, and any other Officer of Nisga?a Lisims Government;
(b) the Chief Councillor of each Nisga?a Village Government; and
(c) one representative from each Nisga?a Urban Local, as determined in accordance with a law made under section 26.

Obviously section 42 does not apply to us
42. Composition of Nisga?a Village Governments
(1) Each Nisga?a Village Government is composed of the following individuals:
(a) a Chief Councillor; and
(b) the number of Village Councillors determined in accordance with the following table:

Residents of the Valley Number of Councillors

-201 Less Than 4
201 to 400 Less Than 5
401 to 600 Less Than 6
601 to 800 7
Over 800 8

(2) The Chief Councillor and each Village Councillor of a Nisga?a Village Government must be elected by the Nisga?a citizens residing in the Nisga?a Governed by that Nisga?a Village Government.

(3) Only a Nisga?a citizen ordinarily residing in a Nisga?a Village may be nominated for election as Chief Councillor or Village Councillor of the Nisga?a Village Government of that Nisga?a Village.

(4) During their respective terms of office, the Chief Councillor and every Village Councillor of a Nisga?a Village Government must ordinarily reside in the Nisga?a Village governmed by that Nisga?a Village Government, and a person ceases to
Be the Chief Councillor or a Village Councillor if they cease to ordinarily reside in The Nisga?a Village.

(5) Each Nisga?a Village Government must elect one of its members, other than the Chief Councillor, to be the Deputy Chief Councillor;
(a) at its first sitting after a regular election; and
(b) thereafter if the position of Deputy Chief Councillor becomes vacant.
(6) When a vacancy occurs in the psotion of Chief Councillor of a Nisga?a Village Government, the Deputy Chief Councillor must act as Chief Councillor until a Person is elected to that position in accordance with Nisga?a law.

Constitution failed under section 14.
14. Access to information Nisga?a Lisims Government must make laws in respect of access to information
Held by Nisga?a Institutions.


Letter sent to Kincolith Government under freedom of information ? copy included - to this date ? no reply. I had requested information as I was interested in the particulars of the petition for removal ? ie. harassment of employee for denial of loan, negotiations on Red Bluff, etc.


Posted by blog2/nisgga at 10:57 PM
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