Privacy boss' report calls I/A policies 'lax'

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An investigation by Canada's Privacy Commissioner into how a letter from Tsuu T'ina First Nation member Bruce Starlight made its way from the Indian Affairs department and into the hands of Tsuu T'ina Chief Roy Whitney, has found no new evidence, but offers a very critical review of how Indian Affairs handles sensitive correspondence from the public.

In a statement issued on March 5, Privacy Commissioner Bruce Phillips said his office could not find who was responsible for the leak of the letter, which questioned accountability and financial management on the Calgary-area reserve. Phillips added that the culprits "perhaps never will be identified."

Part of the difficulty in finding the leak, he said, was the "lax manner in which correspondence was handled" at Indian Affairs.

The Privacy Commission's investigation did find that Starlight's rights under the Privacy Act had been breached by Indian Affairs.

Despite the findings, Phillips pointed out that under the Privacy Act, no compensation can be provided to Starlight.

"Mr. Starlight might find some comfort in knowing that his case was directly responsible for exposing a serious problem in a major government institution . . . he has been instrumental in providing a solution," noted Phillips.

Starlight doesn't care if he has helped put Indian Affairs under the microscope. He just wants his letter to be answered.

"The leaking of the letter is immaterial, but the contents of the letter - that's what I want to know about."

Starlight fears that once the dust settles on the problems at Indian Affairs, the concerns written in the letter will be forgotten.

"Are they going to forget about the real issue?" Starlight asked.

Since the Indian Affairs' first investigation, Starlight said he has received phone calls from Minister Jane Stewart and several of her departmental staffers. The attention is nice, he said, but it's not for the right reasons.

"It's all about the letter, it's not about what the concerns were inside the letter," he said.

While the government investigates itself and tries to correct changes, there are still unanswered questions about accountability and financial mismanagement. Nothing has changed since he wrote the letter six months ago. He hasn't heard anything about those concerns.

Legal action by the Tsuu T'ina chief prohibits Starlight from saying exactly what he put in the letter.

What he can say about the letter is that it was just questions, and all he wants is answers. He is open to the suggestion that his reserve might be running smoothly, but until his letter gets a response, he doesn't know.

"I'm prepared for a debate. Maybe there's nothing wrong," he said.

Though considering legal action against Indian Affairs, Starlight said he wishes the matter could have been resolved on a more personal level.

He said he has made attempts to approach the chief and council, but hasn't been successful in getting their attention. Making things worse is the fact that many people on the small reserve are related, and Chief Whitney is Starlight's cousin.

Amid all the uncertainties this issue has caused, Starlight is positive of one thing: He won't be writing anymore letters to Indian Affairs.

"Not with what's happened. This has really soured my trust of them," he said.

Chief Roy Whitney has been away from the Tsuu T'ina band office and has not been able to be reached for comment.