Former national chief lands job with law firm AFN hired to lead class action against federal government

When it came time for the Assembly of First Nations to hire a firm to lead a multi-billion dollar class-action lawsuit against the federal government, Perry Bellegarde would've likely had a say in that decision. Now, that same firm has hired the former national chief as a special adviser.

But even before that time in 2020, Fasken, one of Canada's leading business law firms, worked for the AFN on challenging legal issues — and could eventually be paid legal fees for its work on the class action if a proposed $20-billion settlement is approved.

"A few of our colleagues have known Chief Bellegarde for years," said Martin Denyes, Fasken's regional managing partner for Ontario, in a Monday news release announcing Bellegarde's hiring.

"More of us have come to know him over the last few months as we have discussed the possibilities around this opportunity. You cannot help but broaden your world view after a good conversation with Perry."

The AFN has hired Fasken, which employs more than 800 lawyers countrywide and internationally, as external counsel to help navigate both high-stakes and low-profile situations.

Since 2019, Fasken lawyers have conducted two probes into the conduct of regional chiefs and defended the AFN against two lawsuits filed by former employees in provincial court.

The release did not mention the firm's long-standing relationship with the AFN due to the confidential nature of those arrangements, a spokesperson for the firm said in an emailed statement supplied in response to an interview request.

"Our news is about Chief Bellegarde joining the firm and enhancing our team," the statement said.

"He has joined us because Fasken is a tremendous platform on which he can continue his life's work, continue to engage in meaningful conversations around the Indigenous experience and bring about transformational change."

In 2019, the AFN hired Fasken to conduct a probe into harassment allegations against Morley Googoo, the AFN regional chief for Nova Scotia, Newfoundland and Labrador, who had been suspended at the time. 

Chiefs in Googoo's region voted to remove him from the post a few months later, a day after Fasken investigators completed their report. Googoo would eventually stand trial and be found not guilty on sex assault charges his lawyer deemed "unfounded."

In January 2020, the AFN filed the class action against Canada, seeking compensation for victims of the underfunded First Nations child-welfare system. Xavier Moushoom had filed a similar lawsuit in 2019.

The AFN decided to sue after the organization "became concerned that it would be sidelined in discussions related to long-term reform and compensation" happening in the Moushoom case, according to an affidavit sworn this year by AFN CEO Janice Ciavaglia.

A different firm represented the lobby group in the initial filing, but the AFN swapped legal firms in August 2020. Fasken has represented the AFN in the case since then, including in confidential talks that led to the proposed settlement, according to court files.