Did she jump, or was she pushed? Lavellee resigns

The appeal to the Daniels case, set to be heard by the Supreme Court of Canada in October, is not enough to keep Betty Ann Lavallee from stepping down as the national chief of the Congress of Aboriginal Peoples.

“It’ll be up to the next national chief to take the ball and run with it,” said Lavallee, who feels confident she has done the necessary preparation work to make the next steps easier.

For well over a decade, CAP, with Lavallee at the helm for seven years (and as acting vice-chief the previous year), has been part of the charge to have Métis and non-status Indians included under section 91(24) of the Constitution Act, 1867.

With that inclusion, Métis and non-status Indians would come under federal jurisdiction and federal responsibility like status Indians and Inuit. The case went to trial in May 2011 and the ruling, which came down in January 2013, granted recognition to more than 600,000 Métis and non-status Indians. A series of appeals has now brought the case to the Supreme Court.

Harry Daniels, who the case is named for, served as national chief of CAP in two separate terms. CAP was also a plaintiff in the Daniels’ case. CAP was created in 1971 to promote the rights and interests of off-reserve Natives, both status and non-status, as well as the Métis and the southern Inuit of Labrador.

Lavallee says a positive court decision in the Daniels’ case will implement section 35 rights for those living off reserve and Métis. Section 35 rights would allow non-status communities to be included in land title and land claims negotiations; have their harvesting rights acknowledged and respected; and be consulted and accommodated in decisions by governments affecting land and resources.

She also says such a win will push the federal government on a national inquiry for murdered and missing women, employment opportunities for Aboriginal people, and force action on the wide range of recommendations which came from the Truth and Reconciliation Commission. She says she is frustrated with the “lack of progress” on Aboriginal issues.

Lavallee announced her intentions to resign in April. In the March board meeting, a motion calling for her removal was introduced, but defeated. She says the motion has nothing to do with her decision.

“Sometimes you have to take priority choices…. My family has been in Aboriginal politics since 1996… it’s only fair that I give back to them now,” she said. Health concerns for both her husband and her aging parents have contributed to Lavallee’s decision.

Kim Beaudin, who introduced the motion, says Lavallee was forced to step down because there was widespread support for her resignation.

“At the time, I believed – and most of the board believed – that she wasn’t really addressing the mandate of the position as chief or addressing the needs of the (provincial/territorial organizations [PTOs]) across Canada,” said Beaudin, who is president of the Aboriginal Affairs Coalition of Saskatchewan, one of eight provincial/territorial organizations that form CAP.

But Lavallee says two cross-country tours in the last two years have convinced her she has the confidence of the membership, despite what Beaudin contends.

“You’re always going to get those individuals that, no matter what you do or say, [are] not going to play ball. I think a lot of this is a result of the fact that the individual concerned has always felt that way from the day I got elected,” she said.

Beaudin has led the charge against Lavallee since 2012, almost annually introducing motions and votes of non-confidence aimed at bringing her down. He said he was approached by others to introduce the motion this past March. Lavallee took over from Patrick Brazeau in 2009. As far as Beaudin is concerned, Lavallee has not been following the board’s directives, is not well grounded in the issues, and has done little to promote CAP as an advocate for off-reserve First Nations and Métis people.

Lavallee says infighting is never welcome, but does give an organization an opportunity to reflect on leadership. She adds that Beaudin’s constant criticism was not a factor in her resignation.

“No, not at all. I mean, I was in the military for 18-and-a-half years. I don’t run from a good fight,” she said.

Lavallee says she has kept the organization in a good place financially, despite continued cuts in funding from the federal government. As well, she has been working towards getting Manitoba and Alberta back into CAP. Winnipeg has the largest urban Aboriginal population in the country and Edmonton has the second largest, but Manitoba has not been part of CAP for the past three years, while Alberta has been absent since 2005 or 2006.

“We’re not there to balance books. We’re there to fight for off-reserve Aboriginal people and it’s just not happening,” Beaudin said. “Being the chief is almost like being the minister for Aboriginal Affairs. You should understand the issues.”

Beaudin wants to see CAP return to addressing grassroot issues, which include nationwide representation in CAP; tackling the high rates of incarceration of Aboriginal peoples; and ensuring employment opportunities.

Lavallee will continue until the annual general assembly Sept. 24 to Sept. 26 in Ottawa, when her replacement will be selected by delegates from the eight PTOs. Each PTO is allowed 10 delegates. Nomination papers need to be filed 31 days prior to the AGA. Already Dwight Dorey, of the Nova Scotia PTO, has put his name forward. He served as national chief from 1999 to 2006. The interim national chief will conclude Lavallee’s term, serving for a year. Beaudin says he’s not interested in the position right now, but is considering taking a run at national chief in 2016. The full term is four years.

“Whoever the next national chief is… just like the other national organizations and their leadership, is going to have to be tough and probably work very, very hard in order to move some of these (Aboriginal) issues,” said Lavallee.