APTN National News
OTTAWA–Attawapiskat will have to wait until spring to challenge the Harper government over imposition of a third-party manager to handle the community’s finances.
The Federal Court has dismissed Attawapiskat’s attempt to immediately overturn the Harper government’s decision to impose a third-party manager on the community.
Justice Michael Phelan said the case against the third-party manager would be heard on April 24.
Phelan, however, also ruled that the third-party manager must release funds for the transportation and installing of 22 modular homes bought by the federal Aboriginal Affairs department in response to the housing crisis in the community.
“Time is critical; a loss of the ability to ship over the ice road means that the urgent project would be deferred until next year,” wrote Phelan.
Attawapiskat, which sits on the southern coast of James Bay in Ontario, burst onto the national consciousness after images of its dire housing conditions flashed across television screens and over social media from coast to coast.
In response, the federal government blamed the community for creating the crisis and imposed a third-party manager on the community to handle its finances.
Attawapiskat Chief Theresa Spence said the imposition of the third-party manager, which took away her band council’s authority over financial matters, was motivated by the federal government’s desire to punish her community for speaking out about the dire housing situation.
Spence then took Ottawa to court.
The Federal Court ruling, handed down Friday, effectively transferred financial authority over the work needed to set up the new houses to the project manager on site in Attawapiskat.
Diamond company De Beers, which operates a mine near Attawapiskat, provided one of its officials to manage the project. The project stalled because the third-party manager refused to release funds.
The project is projected to cost about $2.4 million. The homes are currently in Moosonee, Ont., awaiting for the ice road shipment to the community.
Phelan ruled that the third-party manager must release funds required by the project manager to get the new homes into the community and prepared for habitation.
“Upon receipt of invoices in respect to the installation of the trailers (including servicing of lots, transportation or anything reasonably related thereto) and upon confirmation by the project manager, De Beers…the (third-party manager) will forthwith pay those invoices,” wrote Phelan. “(Attawapiskat) shall not be required to accept, acquiesce or acknowledge the legality of the appointment of the (third-party manager) in order to secure payment of the invoices.”
The third-party manager had refused to release funds until the community provided invoices for work completed. The third-party manager would then decide which work would get funded.
The issue over the third-party manager’s refusal to release funds was raised this week by NDP MP Charlie Angus during question period.
Aboriginal Affairs Minister John Duncan said Attawapiskat’s leadership had not provided required information to the third-party manger to trigger the fund’s release.
looks like a quick fix they do not need that a real action plan is needed long term
alt power solar, wind all of that stuff that will create jobs with education to make this work
what a misleading headline. How about
“Attawapiskat loses court battle over third party manager”