AFN, other defendants delaying lawsuit by former national chief, lawyer says

It has been five months since a judge issued a court order requiring the Assembly of First Nations and the other parties named in a lawsuit by former national chief RoseAnne Archibald to produce their documents by July 31. Nearly three months later, Archibald’s lawyer says they’re still waiting. David Shiller said the AFN and the other parties remain in breach of that order, forcing the matter back before the court for another case conference and another delay. “Oral examination for discovery (was to) occur, between November second and November 9th,” Shiller said in an interview with APTN News. He added that they’ve still not received the required documents. On July 31, 2026, what they delivered to me was what they called a draft affidavit of documents, and it was only purporting to be from the AFN. “There was nothing delivered on behalf of the individual defendants who were the individual members of the executive committee.” The affidavit of documents is a form that comes from the court that discloses relevant evidence related to a case. “What they delivered was a document that says ‘I, blank, of the town of blank, in the county of blank, affirm I am the blank, of the Assembly of First Nations.’ It wasn’t a sworn affidavit of documents. It was a draft,” Shiller said. “And that’s not just a technical difference. The whole point of making each side swear an affidavit is to get them to tell the other side and the court that they have done a diligent search of their records. APTN reached out to AFN for comment and received a statement that said it can’t comment on a legal case but that the organization ”remains committed to meeting its legal obligations to the courts.” Archibald launched the lawsuit June 14, 2022, naming the regional chiefs of the AFN at the time of her dismissal. Those regional chiefs include Cindy Woodhouse Nepinak, Paul Prosper, Ghislain Picard, Glen Hare, Joanne Bernard, Kluane Adamek, Terry Teegee, Bobby Cameron, Darlene Bernard, Junior Gould and Gerald Antoine. Woodhouse Nepinak is now the national chief, Prosper is a sitting senator, while Picard and Bernard are retired. She also named the AFN as a whole, as well as the National Indian Brotherhood and the executive committee comprised of the regional chiefs. Archibald is seeking damages of $5 million for “breach of contract and oppression; indemnity for the legal fees incurred by the plaintiff from July, 2021 through June, 2022 in connection with the campaign to sideline her and oust her from the Assembly of First Nations,” according to the statement of claim. She is also seeking the legal fees she incurred in order to respond to her “unlawful suspension of her employment and the unlawful prohibition imposed on her by the Executive Committee of the Assembly of First Nations in connection with the 2022 Annual General Assembly and the Chiefs and Assembly meetings,” according to the statement of claim. In its statement of defence, filed in Ontario Superior Court on Feb. 6, 2026, the AFN and the other defendants said they “deny each and every allegation contained in the Statement of Claim…” and that “the relief sought in paragraph 1 of the statement of claim is grossly excessive, exaggerated, inflated, and too remote and not commensurate with any losses, damages, or expenses, if any, sustained by the Plaintiff.” The statement also said the defendants specifically deny that they initiated or engaged in any campaign of retaliation against Archibald and they have “no knowledge of any campaign to sideline and oust” Archibald from the Assembly of First Nations and that she must offer “strict proof” of the allegation. They also deny that the defendants conspired to trigger workplace-harassment complaints against the plaintiff and also denies that the four complaints themselves were part of any conspiracy and that the Executive Committee exceeded its jurisdiction… or that there was an abuse of power by the Executive Committee as alleged.” Archibald served as the AFN regional chief for Ontario from 2018 until she ran for national chief and won in 2021. She butted heads with then national chief Perry Bellegarde over “serious issues regarding the way the AFN and the Executive Committee were run,” according to her statement of claim. Shiller said the fact that the AFN only provided a draft affidavit not signed by anyone means that that Archibald doesn’t have the “comfort of an oath that the proper search has been done. And looking at the documents that they listed in their draft, it supports the assertion that a proper search was not done.” Just ten documents were produced by the AFN, according to Shiller. “Doing a quick review of the ten, right away I see that one document is clearly missing. That’s the June 17, 2022 letter from Paul Prosper of the executive committee to the national chief saying that she’s suspended,” Shiller said. “Well, this whole case is about the steps taken by the executive committee to derail the national chief’s agenda. And certainly that suspension is a central part of what we say is a campaign to derail her platform.” Shiller noted that there are no emails listed between the executive committee members and other people within the AFN regarding the actions taken against the national chief. “Those things are clearly relevant and have not been produced. (AFN) Counsel has advised me that, she is still reviewing the emails. So, the fact that there’s some review going on now tells me that there are emails that might be relevant, and they haven’t been produced,” Shiller said. During the November hearings, Shiller said the rules give each side only seven hours of examination. “So, you know, here we are. We don’t want to be asking questions about documents we don’t have. We don’t want to be going there and saying, can you produce this document and that document? It should have been done already,” Shiller said. The delay has necessitated another case conference with possible dates provided by the court in November. Shiller said Archibald remains steadfast. “And, you know, she’s patient. She’d rather not have these delays, but the delays are not going to make her go away,” Shiller said. Read more: AFN misses deadline as former national chief RoseAnne Archibald’s $5M lawsuit moves into discovery Former AFN national chief RoseAnne Archibald suing organization for $5M Vote to oust RoseAnne Archibald ‘not taken lightly,’ AFN interim chief tells leaders Archibald posted an update on social media on Oct. 21, writing in part: “…I have nothing to hide. I put my allegations on the public record and shared my court documents for anyone to read. I am prepared to have the evidence examined, and I will see this process through. The AFN should be equally prepared.” “Over the past year, I’ve heard from community members across many Nations who want the same things: truth, transparency and accountability from those in leadership,” Archibald continued. “That is not asking too much. It is what our people deserve from anyone entrusted to lead. And when our questions remain unanswered, we keep asking.” Leanne SandersOnline Journalist | Western CanadaLeanne has a certificate in broadcasting and has more than 12 years of radio news experience, both as an anchor and reporter in Saskatchewan and Alberta. The Métis journalist is a passionate writer and born storyteller and loves to connect with people and learn about their life experiences. Tags: Assembly of First Nations, bobby cameron, Cindy Woodhouse Nepinak, Darlene Bernard, executive committee, former AFN National Chief, Gerald Antoine, Ghislain Picard, Glen Hare, Joanne Bernard, Junior Gould, Kluane Adamek, Paul Prosper, RoseAnne Archibald, Terry Teegee Continue Reading