NOTE: The following account is as accurate as possible given the circumstances; people did not want to be quoted or identified for reasons that should become obvious after reading this Open Letter. The only bit of information that has been corrected is the name of the person who "fired" Ms. Bonspille-Nelson. Although Wendy Nicholas, the president of the Health Center's board, was present and issued the warnings to staff, it was Paul Nicholas who did the dirty work. - DD
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“People are wondering why they’re going after
the one thing in this community that works.”
The head of the band council, Paul Nicholas,
Ms. Nicholas (ed. - and Paul Nicholas) then gathered the staff, warned them that they could be fired if they told anyone – including their spouses – about anything they’d just seen and heard. This violated their labour rights, their membership rights with the Health Center corporation, but also their individual rights to free speech and association. It left almost everyone at the Center in shock.
Despite the warnings, everything from the firing to the threats of dismissal was soon known throughout the territory. It’s hard to keep anything secret in Kanehsatà:ke. It’s impossible to keep a public execution quiet.
No one had to say anything because it was on the shocked faces of staff. There was the unfamiliar closed door of Ms. Bonspiel-Nelson’s office. There may be inconsistencies in some of the accounts of that morning but that’ll happen when everyone in authority pretends it never happened.
The band council and the Health Center’s Board (essentially the same) may try to convince you that Ms. Bonspiel-Nelson was “suspended” or laid off. That would be a lie. She was fired while the Board scrambles to find a reason to justify it. It was an execution done in front of Health Center staff with threats to intimidate them into silence.
The band council may claim it had nothing to do with the firing. That too would be a lie. Its fingerprints are all over Ms. Bonspiel-Nelson’s back. The band council controls the Health Center’s Board of Directors. It’s been this way ever since the council appointed its own chief councillor, Paul Nicholas, and Education Director, Carrie Brison, to the Board. I accused the band council of stacking the Board in a previous Open Letter (November 8):
The band council issued a BCR appointing Paul Nicholas (chief councillor) and Carrie Brison (Director of Education) as “interim” Board members to replace the Directors of Social Services and Social Assistance. The band council didn’t consult the Health Center or the community. It didn’t need to. Band councillors held the balance of voting power on the Board before; they dominated the Board after these appointments. If you weren’t a band councillor then you were their paid employees.The Health Center’s Board meeting, when they decided to get rid of Joyce Bonspiel-Nelson, took place only days before they carried it out. Sonya Gagnier, Barbara Simon, Carrie Brison, Wendy Nicholas, and Paul Nicholas had to be there for “quorum”. They decided who would carry out the deed as well as the contents of the letter of dismissal. That Board meeting, however, was illegal. The meeting should never have happened. Legally, it never did. Here’s why.
Mr. Nicholas was an “interim” replacement for the Director of Social Services. This person resigned from the Health Center’s Board a year before but only recently moved to a new job. Ms. Caroline Claveau became the new Director of Social Services last month (October 2010). The Health Center’s Board of Directors knew she’d arrived, and that Paul Nicholas no longer had a claim to sit on the Board.
The individuals at that Board meeting last week knew that Mr. Nicholas had no right to be there. But without five people, they couldn’t have quorum. They knew they should have invited Ms. Claveau instead. They also knew Ms, Claveau had a legal right to be there, to take her seat on the Board. It’s clearly spelled out in the Health Center’s Articles of Incorporation. But, apparently, they didn't tell Ms. Claveau about the meeting.
The individuals at that Board meeting denied Ms. Claveau of her right to sit on the Board. That’s bad enough. There may be consequences.
The individuals at that Board meeting went ahead because they wanted to dump Ms. Bonspiel-Nelson as soon as possible, perhaps before Ms. Claveau could claim her seat. It doesn’t matter why. Nor does it matter whether the Board felt they could justify their decision. The whole meeting was conducted illegally. There may be consequences for this as well.
Boards of directors have limited legal protection to conduct business and make decisions that may include layoffs or firings so long as they practice due diligence. That means that as individual members sitting on a board, they must keep themselves informed about issues, uphold their legal obligations, and commit to act “in the best interests” of the corporation. If they don’t, they may become liable — as a board but also as individuals.
At least one councillor says the Health Center’s Board (aka the band council) has convinced itself that it doesn’t need to respect rules set down by some Federal department in Ottawa called Corporations Canada. This implies that the band council would like to dissolve the Health Center’s Board of Directors. They’ve done so before with other boards. The band council may be moving to do just that again. As of December 22:
- the Director of Riverside Elders’ Home and current “president” of the Health Center’s Board will be laid off and off the Board;
- the Director of Education, Carrie Bisson will be laid off as well, and off the Board;
- the Board has no community representatives and has cancelled elections;
- the present Board prevented the new Director of Social Services from taking her seat.
Paul Nicholas’ continued participation at any meeting of the Health Center’s Board is a problem. He shouldn’t be there at all. Unless Ms. Caroline Claveau, the new Director of Social Services is allowed to take her seat, the only Directors able to sit on the Health Center’s Board as of December 22 are:
- Councillor Barbara Simon
- Councillor Sonya Gagnier
This means there will be no quorum to conduct business, no governing body to approve management decisions, spending or new contracts. The present Board of Directors at the Health Center, with help from the band council, has seen to that. Health Canada should be concerned. So should everyone at Kanehsatà:ke who relies on the Health Center.
I have no connection to Ms. Bonspiel-Nelson. I don’t know the names of all of her children although, we must be related like most people at Kanehsatà:ke. This makes me wonder why people, including some on band council, call it the “Nelson Health Center”. There are (in alphabetical order) Bonspiels, Crees, Gabriels, Hannabergs, Hardings, Nelsons, Nicholases, Okes, Parents, and more family names employed there. Their families are probably inter-married and related to one another just like the rest of us. The accusation is crap, especially when there is so much to appreciate about the Health Center.
For 15 years, Joyce Bonspiel-Nelson worked the often bizarre and confusing areas of national and provincial health politics, policies and programs. Along with her staff, she developed coherent policies, clear work plans and practical budgets. She protected her staff and tried to make available as much training as they needed or wanted. The Health Center stands out at Kanehsatà:ke because, unlike those disasters directly under the band council’s control, it is both well-managed and financially stable.
Perhaps most importantly, Ms. Bonspiel-Nelson learned how to say “No”. She stood up to band councillors and others who tried to bully Health Center staff or treat the Health Center like their private playground.
Those people who met last week to get rid of Ms. Bonspiel-Nelson — and it needed to be all of them — didn’t fire her because she was dishonest or didn’t do her job. They fired her precisely because she was too honest and did her job too well.
Regards,
Regards,
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