Dehcho First Nations claims former chief negotiator in conflict of interest

A complaint filed by the Dehcho First Nations against its former chief negotiator, lawyer Garth Wallbridge, alleges Wallbridge was in a conflict of interest when he represented the Nahanni Butte Dene Band after being fired by the Dehcho First Nations.

The complaint to the Law Society of the Northwest Territories triggered a disciplinary review. The hearing began in Yellowknife on Wednesday with four witnesses being called, including Dehcho First Nations Grand Chief Herb Norwegian and Wallbridge himself.

• Dehcho First Nations appoint new chief negotiator for land claim process

Wallbridge was the chief negotiator for the Dehcho First Nations for nine months in 2016. In the position, Wallbridgehelped negotiate the land claims between the DehchoFirst Nations and the federal and territorial governments. He did not act as legal counsel for the Dehcho First Nations, which consists of 10 First Nations and Mtiscommunities. Wallbridgewas fired in October 2016.

In April 2017, Wallbridge was hired as a lawyer for the Nahanni Butte Dene Band. The band remained part of the Dehcho First Nations until May 2017, when Chief Peter Marcellais announced the Nahanni ButteDene Band would withdraw its membership from the Dehcho First Nations.

"I was just blown away by that," said Norwegian.

"Totally unethical."

Wallbridge helped the Nahanni Butte Dene Band after the N.W.T. government filed an injunction to stop it from conducting unauthorized road work near the community, but said he knew "nothing" about the project during his time as chief negotiator. The injunction was withdrawn after Nahanni Butte stopped construction on the road.

• Growing impatient, Nahanni Butte starts building own road to mine

• 'It's all done': Nahanni Butte roadwork complete amid court case, says chief

After the injunction, Wallbridge assisted the band with two other issues: an environmental review hearing and Nahanni Butte's exit from the Dehcho First Nations.

At the hearing, Wallbridge said he only found out the band had pulled out of the Dehcho First Nations through CBC radio. He said he was not involved in the decision to pull out of the Dehcho First Nations, and that he only assisted with paperwork after the announcement was made.

But Norwegian said he was shocked when the Nahanni Butte Dene Band withdrew, and felt "it was obvious" that Wallbridge was behind the escalation. The allegation is that because Wallbridge was an adviser with the Dehcho First Nations, he put himself in conflict of interest by going to work for the Nahanni Butte Dene Band.

Norwegian said Wallbridge had an obligation to work for the unity of the Dehcho First Nations while he was chief negotiator, and would have likely had access to all confidential Dehcho First Nations information.

"As long as he asked the right people, he had access [to information]," Norwegian said.

4 of 5 allegations dropped

Wallbridge told CBC in an email that on Thursday morning, after Norwegian's witness statements, the law society dropped four of five allegations against him including the allegation that he had confidential information from the Dehcho First Nations that he misused as council for the Nahanni Butte Dene Band.

The Law Society also dropped the allegation that Wallbridge advocated for the Nahanni Butte Dene Band to leave the Dehcho First Nations.

This leaves only one allegation left against Wallbridge:that he had a fiduciary role for the Dehcho First Nations that continued after he left. This means that as the chief negotiator, Wallbridge was required to act in the best interest of the Dehcho First Nations, and that duty continued after he was fired.

If Wallbridge is found to have acted without integrity he could be ordered to practise under supervision, be fined up to $2,000, or be ordered to pay the costs of the inquiry.

The lawyers for the Law Society of the Northwest Territories and Wallbridge have to submit their final arguments in the next few weeks. After that, a representative for the Law Society of the N.W.T. will decide if Wallbridgewas acting in a conflict of interest, and if he was, what the penalty will be.