Internal investigation underway at Hamilton Community Legal Clinic after rupture with Indigenous committee
Indigenous leaders in Hamilton say committee members were disrespected during several interactions
The Hamilton Community Legal Clinic (HCLC) is conducting an internal investigation following allegations of discrimination and harm against Indigenous women and two-spirit people on its Indigenous justice committee.
"These individuals have been deeply impacted by [actions of the legal clinic leadership] … I would say, some of them are probably even traumatized," Nathan Muir, a member of the committee, told CBC Hamilton in an interview.
The legal clinic, which is provincially funded through Legal Aid Ontario, confirmed to CBC Hamilton in late June its investigation into "various personnel matters" is ongoing.
The non-profit clinic offers free legal aid to low-income people in the Hamilton area. It also provides services relating to human rights, tenant rights, social assistance and workers' compensation. Its Indigenous justice committee, which began in 2013, is part of its work with marginalized community groups.
Indigenous leaders in the city have spoken to CBC in recent weeks about a rupture between the legal clinic and the Indigenous community, citing incidents on "separate occasions."
Specific details about the incidents and when they occurred are not clear, but community members are calling for actions including the improvement of consultation with Indigenous people and of working conditions for Indigenous people interacting with the clinic.
In recent months, names of the committee members, as well as the clinic's Indigenous justice coordinator, Lyndon George, have been removed from the legal clinic's website, and at least one of the clinic's board members has stepped down.
Muir has been part of the committee for around 12 years. He said not only is the voice of George — who also goes by NaWalka Geeshy Meegwun — missing in the community but the legal clinic has not been consulting the committee for around a year.
"They are supposed to be consulting us on matters that concern the Indigenous community, and they have not been doing so," Muir told CBC in late June.
The goal of the committee, according to the clinic's website, is to "improve access to justice for Indigenous people in Hamilton and surrounding communities."
Muir said the committee, and George, have been "pretty crucial" in supporting Indigenous people in the court process, including some sensitive and high profile cases, Muir said.
Leaders rally outside legal clinic
A group of Indigenous leaders shared their concerns publicly for the first time at a rally outside the HCLC on Main Street in early June.
The group held up signs and chanted, "Where's Lyndon George."
Audrey Davis, the executive director of the Hamilton Regional Indian Centre (HRIC), spoke in front of the group of at least two dozen people rallying in support of the complainants, who did not speak publicly.
Davis is a member of the Mohawk Turtle Clan and also co-chair of the Circle of Beads, an Indigenous consultation group.
"On separate occasions, four different Indigenous women and two spirit people have been disrespected and have felt oppressed by words and actions made by leadership at the HCLC," said Davis.
Davis said that the incidents were recent and involved "aggressive words," "unhealthy communication," and "disregard" of commitments by the HCLC to the Indigenous community. The incidents involved HCLC leadership and members of YÉN:TENE, the clinic's Indigenous justice advisory committee, she said.
The HCLC board of director's vice chair Lisa Feinberg told CBC Hamilton the incidents are currently being investigated by an independent external party to "ensure neutrality, integrity, and thoroughness."
"Indigenous justice is and will remain a central priority for the clinic," Feinberg said in an email to CBC Hamilton.
Feinberg also said George remained an employee but is currently on leave.
Concerns over the eagle feather
When the committee began, the community presented the legal clinic with an eagle feather. Muir said the committee is concerned the feather remains at the clinic but should be returned to the community or handed over to George, its cultural caretaker.
The feather is of great importance, said Muir, especially for Indigenous legal clients. For instance, it is sometimes used during the court process in place of a bible to swear on. "We believe it is a spiritual being, it's not a possession," Muir said.
The legal clinic told CBC it was "deeply honoured by this gift" but that "given the allegations made," the clinic asked a different Indigenous group to "take interim custody of the feather, until this matter is resolved."
In a letter to the clinic shared with CBC Hamilton, Muir wrote that approaching another Indigenous group about the feather "is further tokenization and disrespect" to the committee and that the clinic is ignoring the protocols.
Muir and Davis also shared their concerns over George's absence.
George has worked to spread awareness about new programs at the clinic that served the Indigenous community and, with YÉN:TENE, helped co-create Circle of Beads.
George also helped welcome the city's first Indigenous Hamilton Police Service liaison in 2023.
The Circle of Beads helped secure the liaison, established an Indigenous anti-bullying program and helped appoint Hamilton's first Indigenous director at city hall, according to HCLC's 2024 annual report.
At the rally, Davis and others said they were worried George has been forced into "silence" as a result of the internal investigation.
"He's off the radar," Davis told CBC Hamilton. "He's not at work, they didn't advise the Indigenous community or the leadership in the community that he's no longer in the office. He's just nowhere."
George declined to comment to CBC Hamilton about the nature of the leave.
Feinberg said Indigenous clients continued to be supported at the clinic.
"During [George's] absence, the clinic is in the process of implementing additional support measures to ensure that Indigenous clients and community members continue to receive meaningful assistance," Feinberg said.
Davis is calling for specific actions from HCLC, mostly aimed at the clinic's board of directors, including that it: consults Indigenous partners and employees to make working conditions safer for Indigenous people working with the legal clinic; repairs the relationship between the two parties; acknowledges the harm done to the relationship; receives training to better understand Indigenous people; and reinstates the justice coordinator.
The calls to action also include that the HCLC's executive director is removed from "supervisory or management roles and responsibilities over any Indigenous staff" at the clinic.