Derek Neary
Northern News Services

Fort Simpson (Apr 16/04) - Lawyer Vincent O'Donnell's report on conflict of interest allegations against a senior federal official was biased in favour the official and the federal government, according to Chris Reid, legal counsel for the Deh Cho First Nations.

Publicly released last week, O'Donnell's report concluded that "viewed by an informed and reasonably minded person," Paul Bernier should never have been perceived to be in a conflict of interest.

Bernier, vice-president of program delivery for the Canadian Environmental Assessment Agency (CEAA), was accused of violating federal legislation by the DCFN because mineral claims on and near the proposed Mackenzie Valley natural gas pipeline are held in his wife's name. Paul Bernier was involved in devising an environmental co-operation plan that would apply to the pipeline.

In reference to whether mineral claims amount to a legal interest in land, O'Donnell's report cites dated cases from South of 60, Reid noted. The case that is most relevant -- which occurred in the NWT and contradicts O'Donnell's conclusion -- is given little weight, according to Reid.

Neither, he added, does the report specifically mention when Paul Bernier became aware that his wife held mineral claims in her name. It simply states, "at a point in time," which isn't nearly precise enough, said Reid.

"I wouldn't say that the report even appears to be neutral," he said.

O'Donnell, who is based in Montreal, has been worked for the federal government on a number of legal files. He was hired by CEAA to conduct this investigation.

In addition, O'Donnell addresses an allegation that Paul Bernier himself excluded the DCFN from the co-operation plan, but Reid denied the DCFN ever made any such allegation. Although the Deh Cho were excluded, he said Bernier wasn't personally blamed.

"Somebody unfamiliar with the issues reading that report would think, whoa, the DCFN are way off base with these things," he said. "There are a lot of fundamental errors in the report. All of this could have been fixed if they had the courtesy to... send us an advance copy, a draft copy to say, 'Well, is this factually correct?'"

DCFN Grand Chief Herb Norwegian couldn't be reached for comment.

Despite the outcome, the Deh Cho won't likely continue to pursue the matter, Reid noted.

"We're not going to spend a lot of time on it," he said. "Our concern has always been the co-operation plan and the process for the environmental assessment, not what they do with Bernier."

The federal government recently committed to bring together all the parties involved in the co-operation plan to discuss the Deh Cho's role, according to Reid.

Excerpts from Vincent O'Donnell's Bernier report:

- "At the request of her sister, Maureen Bernier agreed to have prospecting permits and mineral claims recorded in her name. She held these in trust for a private corporation for which her sister does consulting work."

- "...I am satisfied that Paul Bernier has no interest in this (private) corporation nor is he or has he ever been a shareholder, director, officer or employee of this corporation or any of its corporate shareholders."

- "Moreover, Mrs. (Maureen) Bernier had no specific or useful knowledge as to the location of the prospecting permits or mineral claims, nor their proximity or lack of proximity to a proposed (Mackenzie Valley) pipeline."

- "Following my review, I am satisfied that Maureen Bernier did not, financially or otherwise, contribute to the work performed in 1996-97 on the prospecting permits recorded in her name. In fact, Mrs. Bernier was not aware of the work."

- "Neither the CEAA nor Paul Bernier, in carrying out their duties towards the realization of a co-ordinated environmental and regulatory process, had any influence on the route of the proposed pipeline."