Former grand chief of Nishnawbe Aski Nation harassed, discriminated against two women staff members, report says

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The former grand chief of Northern Ontario’s largest Indigenous political group harassed and discriminated against two women staff members, violating code of conduct policies, an internal investigative report for the Nishnawbe Aski Nation has concluded.

After receiving the report by Investigation Solutions Network Inc. (ISN), a quorum of NAN chiefs on Thursday elected to fire Derek Fox, who had been suspended since February. A copy of the confidential report was obtained by The Globe and Mail.

NAN chiefs represent 49 First Nations. Mr. Fox was elected grand chief in 2021.

The report says the former grand chief contravened sections of NAN’s executive code of conduct related to improper use of influence, improper influence of staff, harassment and discrimination, and failure to adhere to policies and procedures in his decisions, direction and behaviours toward Ashley Atatise, a department manager, and Melinda Meekis, the chief administrative officer.

The report says that on Dec. 7, public comments were made about Mr. Fox, then-grand chief, by Chief Jeffrey Copenace of Onigaming First Nation – not affiliated with NAN – at the Assembly of First Nations chiefs meeting in Ottawa, which was broadcast and posted online. The comments by Chief Copenace accused Mr. Fox of abusing and harassing Indigenous women.

Some NAN staff were present at the AFN meeting, while others saw it online.

According to the report, Ms. Atatise followed health and safety protocols when she learned her staff had concerns over the allegations, and wanted NAN to address gaps in the policies and procedures related to “public allegations of a serious nature.” She advised NAN’s health and safety committee that her staff were uncomfortable and stressed, that some felt unsafe coming into work because it triggered past experiences with harassment and domestic violence, and that there needed to be measures in place to ensure a safe workplace.

A letter from human resources told Ms. Atatise that NAN wasn’t going to take further action because “this is not a health and safety issue to which the Policy would apply, and that on the advice of elders and legal NAN wouldn’t respond to “unproven allegations.”

The report states that when Mr. Fox learned about Ms. Atatise’s letter around Feb. 7, he decided to terminate her employment because he felt unsafe with her comments and allegations against him. He subsequently tasked the CAO, Ms. Meekis, with her firing.

In a 23-minute secret audio recording of a meeting between Mr. Fox, Ms. Meekis and other senior staff, also obtained by The Globe, Mr. Fox can be heard banging the table repeatedly and raising his voice.

“I get triggered when I think about Ashley and the letter … I get triggered coming into the office thinking I have to see her,” he says in the recording. “I’m not working in these conditions.”

The ISN investigation found that when Ms. Meekis objected to terminating Ms. Atatise after consulting with human resources, peers and three legal opinions who advised against it, Mr. Fox “engaged in telephone calls, text messages and meetings with her that included threatening to replace her, bullying language, aggressive tones, and threatening body language.”

Mr. Fox then told the human resources director that he wanted Ms. Meekis terminated and that their relationship was “broke.”

A Feb. 24 e-mail from Ms. Meekis’s lawyer said that she retained legal counsel for “ongoing bullying and harassment by Grand Chief Derek Fox in retaliation for her due diligence and work as CAO of NAN” and that she would be working from home and that there be no direct or indirect contact from Mr. Fox, according to the report.

According to a resolution, deputy grand chiefs Anna Betty Achneepineskum and Victor Linklater called for Mr. Fox’s suspension and an investigation after reviewing Ms. Atatise’s letter and learning about the allegation that the grand chief directed to have Ms. Meekis fired. The deputy chiefs also received a copy of a letter from NAN elders to chiefs outlining concerns over Mr. Fox’s conduct and their obligations as the executive council to follow policies and procedures.

A Feb. 27 e-mail from Mr. Fox to Ms. Achneepineskum and Mr. Linklater acknowledged their letter notifying him of his suspension, but that he didn’t accept the suspension, calling it unlawful. The report outlines social-media posts made by Mr. Fox in the following days that indicated he was still performing official duties as grand chief. The NAN chiefs-in-assembly later supported the suspension in an emergency meeting.

In a written statement to investigators, Mr. Fox accused the deputy grand chiefs of coordinating a plan to get rid of him “because I am an obstacle to them becoming Grand Chief.”

He has denied the allegations made by Mr. Copenace and maintains there were no health and safety concerns to substantiate Ms. Atatise’s complaint that he said was “based on defamatory rumours and hearsay by someone with no personal knowledge.” Mr. Fox has filed a defamation lawsuit against Mr. Copenace.

Mr. Fox also said he is “unable to accept any findings or recommendations based on a biased investigation into false allegations.” He described Ms. Meekis, whom he appointed as CAO earlier this year, as a longtime colleague and trusted friend, “like brother and sister.” He said the recording by Ms. Meekis of their meeting was a professional and personal betrayal and pointed out issues with her performance, calling her ineffective, unreliable and insubordinate.

The report concluded that Ms. Atatise had a responsibility and duty to report what was identified to her as a health and safety issue for staff, and that the decision to impose sanctions on her for reporting such an issue was a violation of policy. It also concluded that Mr. Fox’s directions to Ms. Meekis were disrespectful to the role of staff, and that the recording of the meeting was direct evidence that Mr. Fox was bullying and intimidating Ms. Meekis to comply with his demands.

The report’s findings say that NAN should undertake a procedural review of workplace harassment policies and procedures to ensure privacy of complainants and involved parties, as well as to make amendments to policies and procedures based on Ms. Atatise’s recommendations to the health and safety committee.