Workplace probe finds AFN employees faced harassment, reprisals from national chief

A workplace investigation at the country's most influential First Nations organization concluded employees faced harassment and reprisals at the hands of its national leader.

The investigation found two Assembly of First Nations (AFN) employees were harassed by National Chief RoseAnne Archibald.

The investigation, launched in June 14, 2022, also found that five employees experienced reprisals and had their confidentiality breached by Archibald, according to a summary report of the investigation obtained by CBC News. 

The report described the AFN's workplace environment as "highly politicized, divided and even fractured."

Archibald received individual reports on the allegations made by each of the five complainants last April. Her office told CBC News she has not received a copy of the summary report.

"The latest action yet again demonstrates that the HR investigation is being conducted in a colonial and confrontational manner and has been from the beginning," Archibald said in a statement provided to CBC News. 

"Once the full HR reports are rightfully shared with the First Nations-in-Assembly, they will agree that I have been substantively exonerated as National Chief."

The AFN's executive committee did not respond to a request for comment from CBC News.

The AFN's legal counsel hired an outside legal firm to probe complaints against Archibald made by four employees, who were later joined by a fifth complainant. Employment lawyer Raquel Chisholm, a partner with Ottawa law firm Emond Harnden, oversaw the probe.

CBC News has confirmed that the first four complainants were hired as senior staff by Archibald to work in her office. The fifth complainant was the AFN's then-CEO, who left the organization in early 2023. Four of the five complainants are women.

"There is no question that [Archibald] breached the confidentiality provisions," the investigators wrote.

"By making statements that question the motives, intentions and integrity of the staff members that have made complaints … [Archibald's] conduct amounts to reprisal."

The summary report was distributed to First Nations chiefs across the country on May 18 ahead of a planned June 28 virtual AFN meeting to decide Archibald's future.

Last June, regional chiefs suspended Archibald after the initial complaints were lodged against her. 

Her suspension was lifted and Archibald survived an attempt by other chiefs to eject her from the job during last July's annual general assembly in Vancouver. The majority of chiefs at the assembly pushed the issue back until after the external investigation was complete. 

The chiefs also passed a resolution at that same Vancouver meeting responding to Archibald's allegations of corruption within the AFN by striking a committee to review the organization's financial practices.

The AFN executive, made up of regional chiefs, unanimously passed a resolution in late April recommending chiefs-in-assembly remove Archibald as national chief at their next meeting after reviewing detailed findings from the internal investigation on each of the complaints filed by the five employees.

No evidence of collusion

The summary report distributed to chiefs-in-assembly does not include details of Archibald's alleged harassment of two employees.

"Even if this incident is not viewed as part of a pattern of conduct, it is our conclusion that it is sufficiently serious or 'severe,'" the report said.

The report does, however, provide details on how Archibald broke AFN policies by breaching the confidentiality of the complainants.

The investigators found that several public statements issued by Archibald shortly after the launch of the external investigation breached the confidentiality of four employees and constituted acts of reprisal against them. 

On June 16, 2022, Archibald released a public statement claiming the internal probe was "launched by the four staff who tried to secure over a million dollars in contract payouts" and that it was a "desperate attempt" to stop Archibald from "uncovering wrongdoing within the AFN."

The next day, Archibald released a second statement claiming the four staff members were engaged in collusion to enrich themselves. 

The report found no evidence of collusion by any party.

"We conclude that by making statements that question the motives, intentions and integrity of the staff members that have made complaints and by making that suggestion in such a public venue, [Archibald's] conduct amounts to reprisal," the investigators wrote.

"As the head of the organization, we would venture that she has an added responsibility to respect and comply with its policies."

Archibald told investigators she made the disclosures because she has a responsibility to be accountable and transparent to her constituents. She also insisted that she did not provide the names of staff members and made no misleading statements.

"There is nothing in the language of the Code of Conduct or Oath of Office that would support an interpretation that condoned breaches of the confidentiality policy by suggesting that her role justified these disclosures," the report said.

'Reputational harm'

The investigators found that the acts of reprisal and breaches of confidentiality by Archibald against the fifth employee — identified previously by CBC News as Janice Ciavaglia, who was the AFN's CEO when the complaint was made — were "unique" in nature.

The investigators reported that Archibald made explicit public statements singling out Ciavaglia, while also circulating emails and memos referring to Ciavaglia and making a false allegation that Ciavaglia was suing Archibald for defamation.

These actions caused "reputational harm" against Ciavaglia, who shut down her social media accounts after receiving death threats, the report said.

The investigators conducted over 30 interviews, including interviews with the five complainants, Archibald and a number of witnesses.

Archibald released a statement in April claiming she was "vindicated" after receiving the detailed findings of the investigation.

That statement violated a directive issued by the AFN chiefs-in-assembly that ordered Archibald to refrain from public comments until the findings of the investigation were reported back to the First Nations leadership, the summary report said. 

This is the second time Archibald has faced a workplace investigation.

While she was Ontario Regional Chief, Archibald faced a separate bullying and harassment probe launched by ten complainants.

The 2021 investigation hit a dead end because none of the complainants would come forward publicly to file formal complaints, fearing workplace retribution.