On March 5, 2021, the Métis Nation British Columbia Board of Directors convened an In-Camera meeting in which a motion was passed authorizing the retention of an investigator to review the conduct of Clara Morin Dal Col. Ms. Sarah Chamberlain of Southern, Butler, Price LLP was retained to conduct an independent investigation pursuant to the March 5 Motion.
Ms. Chamberlain completed her investigation and produced a report dated June 23, 2021. The report was amended on July 23, 2021, to incorporate additional evidence (the “Investigator Report”). A copy of the confidential Investigator Report can be found here. Clara Morin Dal Col declined numerous opportunities to participate in the investigation.
The Executive was provided a copy of the Investigator Report on July 23, 2021. Given that the conclusions of Ms. Chamberlain in the Investigator Report were significant and the potential ramifications for the MNBC serious, on July 24, 2021, at a special Board Meeting, the Executive Committee referred the matter to the full MNBC Board of Directors.
Ms. Dal Col declined repeated requests to attend the In-Camera hearing of the Board on August 12, 2021, as per the Board Policy Manual, to consider the Investigator Report and provide her an opportunity to speak to the conclusions with legal representation.
Given the serious findings of the investigator, the Board retained Wally Oppal, Q.C, to review the report, our legislation and policies and provide advice to the MNBC Board of Directors.
The MNBC Board of Directors has determined that Ms. Dal Col neglected her duties and responsibilities to such an extent that there has been a fundamental breach of trust, breach of fiduciary duty, and she has on a number of occasions, repeatedly engaged in conduct which is a serious breach of her obligations, oath of office, and MNBC policies. This includes, but is not limited to, the following:
- Engaged in behaviour amounting to bullying and harassment in breach of the Respectful Workplace Policy;
- Engaged in other conduct in breach of the Respectful Workplace Policy;
- Breached fiduciary duties and Oath of Office through:
- Failing to follow obligations set out in Board motions including the March 4, 2020 motion, the April 16, 2020 motion, and the December 14, 2020 motion;
- Refusing to provide information to Board members;
- Reviewing or attempting to review Vice-President Lissa Smith’s personnel file and citizenship application without informing Vice-President Smith, and calling into question the validity of the registry;
- Preferring the interests of Métis National Council over those of MNBC;
- Posting letters written dated January 11, 2021 and January 15, 2021 that included copies of Board motions on social media that undermined the integrity of MNBC laws;
- Continuing to engage in post-suspension work in her position as President; and
- Misuse of MNBC finances;
- Breached the Social Media and Networking Policy through posting the Letters and associated Board motions;
- In reviewing or attempting to review Vice-President Lissa Smith’s personnel file and citizenship application without a valid reason Ms. Dal Col breached Vice-President Smith’s personal privacy rights;
- Failed to post Board expenses, in breach of Article 9.2.1 of the MNGA Act;
- Breached the Travel Policy; and
- Breached Conflict of Interest Policy by failing to comply with the disclosure requirements.
Based on these facts the MNBC Board of Directors has unanimously determined that Ms. Dal Col’s actions and conduct constituted serious and gross misconduct warranting immediate removal from office as per articles 23.8 and 24 of the Constitution.
As per article 46 of the MNBC Constitution, a by-election will be called within 120 days.
Citizens and the public are free to read the full investigative report, here.