Woman files complaint about First Nations financial transparency group with B.C. Law Society
CBC
After waiting months for legal help or a refund, Rosalin Miles has filed a formal complaint to the Law Society of British Columbia about Rob Louie, the president of the Band Members Alliance and Advocacy Association of Canada (BMAAAC) and Chris Harvey, a lawyer BMAAAC introduced to Miles.
In her complaint, she alleges the pair had a breach of undertaking, delay/inactivity, failure to communicate and a failure to follow instructions.
"The Band Members Alliance and Advocacy Association of Canada (BMAAAC) should not exist because what it says it prevents, it actually inflicts on community members," said Miles, a Lytton First Nation member.
BMAAAC was founded in 2019 by Louie, a Ktunaxa man, and often challenges First Nation governments to adhere to their fiduciary obligations. It serves as a liaison linking band members to legal services and has a reputation for winning some high profile cases, which is why Miles turned to them in February.
She was seeking the financial statements of the Ntlaka'pumux Nation Tribal Council and turned to BMAAAC for legal advice and help getting a demand letter — a type of formal request — for the financial statements.
She said she had read good reviews of BMAAAC and saw it had recently partnered with a national bank to host a financial workshop. Miles spoke to Louie and he said they could help her.
Louie then introduced her to Chris Harvey of Mackenzie Fujisawa LLP.
After their first meeting, she said she sent a payment of $2,500 in late February to BMAAAC to help cover the legal fees. She also paid a fee to become a member of BMAAAC.
But after waiting for months, she sent a note in May for an update. In an email exchange obtained by CBC News, Harvey's team was unaware that Miles had made a payment. Miles forwarded her proof of payment to Harvey but she said she still did not receive a demand letter.
Miles said she's lost valuable time and money because she could have written the demand letter herself but wanted a lawyer's backing and she never received that.
"I was desperate for legal support," said Miles.
Miles emailed both Louie and Harvey in late May saying if she did not get a full refund in two days, she would go public. The refund didn't come so she wrote on social media that she was owed $2,500 from BMAAAC.
Then in early August, she filed a formal complaint to the Law Society of British Columbia. In her complaint, she said she did not know Louie was served an injunction in 2017 not to represent himself as a lawyer or practise law. Miles said Louie was clear in their discussions that he was not a lawyer but she was unaware why he couldn't present himself as one.
The Law Society of British Columbia confirmed the injunction on Louie is still in effect but said it could not confirm or comment on an investigation.
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