Winnipeg (April 28) – Ottawa is continuing to withhold 30 documents from evidence in the Federal Court of Canada in a 15-month-old case involving an Aboriginal financial institution, claiming the material is subject to cabinet secrecy rules.
Tribal Wi-Chi-Way-Win Capital Corporation (TWCC), a Winnipeg-based Aboriginal financial institution, applied for judicial review in January 2010 of $18 million in loan guarantees Ottawa is extending to five select mainstream banks and credit unions to encourage lending to First Nations businesses.
Aboriginal financial institutions have been disqualified from participation in the program by Indian and Northern Affairs Canada and believe the subsidies under the Loan Loss Reserve initiative amount to unfair competition and predatory practice.
The material Ottawa says should be subject to cabinet secrecy includes e-mails between civil servants and briefing notes prepared for former Indian and Northern Affairs Minister Chuck Strahl.
Alan Park, TWCC Chief Executive Officer, said today the company’s lawyers are looking at ways to get the material into open evidence.
“Most of this material involves e-mails between civil servants we have dealt with regularly,’’ he said. “We’re not talking about state secrets here but another delaying tactic. The Feds are hiding behind obscure rules to avoid explaining how $18 million of taxpayers’ money is being spent.’’
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Once again, the Harper Government persists in flouting and disregarding the law. Once again, the Federal Court of Canada demands that the Harper Government comply.
Ottawa must hand over subsidy documents or prove they’re subject to cabinet confidence
Winnipeg (March 23) – The Federal Court of Canada has ordered the Harper government to produce documents showing how it decided to give generous subsidies to a select group of five banks and credit unions lending to Aboriginal businesses– or show they are subject to cabinet confidentiality by April 15.
The order was made March 21 by Case Management Judge, the Honorable Roger Lefrenière, in connection with a dispute between the Harper government and Tribal Wi-Chi-Way-Win Capital Corporation (TWCC), a Winnipeg-based Aboriginal financial institution.
TWCC is seeking judicial review of a controversial loan guarantee program announced by Indian and Northern Affairs (INAC) in 2008.
“We are another inch closer to finally getting resolution of a badly-designed program despite the Harper government’s delaying tactics,’’ said TWCC Chief Executive Officer Alan Park.
“This has been a waste of everybody’s time and money. It is in everyone’s interest to get this resolved and that includes the five banks and credit unions; one of which, Assiniboine Credit Union, has pulled out of the program.’’
Assiniboine Credit Union, based in Winnipeg, informed Ottawa last month that it was withdrawing from the subsidy program because of the hard feelings it has caused in Aboriginal communities.
The Loan Loss Reserve (LLR) initiative sets aside $15.5 million for loan guarantees from which the selected lenders can draw in the event of default by Aboriginal businesses. All 58 Aboriginal financial institutions operating around the country are deemed to be ineligible for the program.
In the latest development in a case that began in January 2010, Judge Lefrenière ordered the Harper government to produce a certificate for documents submitted to the Privy Council Office pursuant to cabinet confidence rules under Section 39 of the Canada Evidence Act by April 15.
Failing that, government lawyers were ordered to deliver forthwith to TWCC’s lawyers, documents that so far have been withheld on grounds they might be subject to cabinet confidentiality.
Ottawa was also ordered to deliver to TWCC documents and records related to development of criteria in the selection by INAC of participating financial institutions in the LLR program.
In the event the government wants to argue these documents are cabinet confidences, the judge said, it must produce certification within 30 days of submission. Otherwise, these documents too must be provided to TWCC “forthwith.’’
TWCC is arguing the program was implemented without consultation with Aboriginal Canada, as required under Section 35 of the Constitution Act.
“It is not in anybody’s interest for government to play favourites by giving subsidies to a select few,’’ Mr. Park said.
Established in 1993 with just three employees, TWCC has written more than $40 million in loans in 45 First Nation communities in Manitoba. Its payroll has grown from 28 employees in 2006 to more than 150 today. Revenue has grown 220% in the same period.
For further information:
Gord McIntosh
613-724-1478
gord@110percent.ca
WINNIPEG (March 10, 2011) – Tribal Wi-Chi-Way-Win Capital Corporation (TWCC) is striving to keep Aboriginal people out of payday loan outlets and other credit traps embedded in First Nation communities by providing inexpensive credit alternatives across Canada.
“Aboriginal people typically get hit with inappropriately high interest rates or fees or terms and conditions that trap borrowers in an endless cycle,” Brenda Zurba, Director of Sales and Marketing at the Winnipeg-based Aboriginal financial institution, said today.
“This has a negative impact on family, economic security, and drains assets out of the local economy. It is time someone in the Aboriginal community offered a way out.”
TWCC announced it will offer employee benefit loans nationwide through its subsidiary, Aski Financial, and a network of distributors, the first of which is Tribal Resources Investment Corporation (Tricorp).
Employee benefit loans allow workers at participating employers to borrow at a rate far cheaper with more flexible terms than what would be available at a payday loan outlet. For example, an eligible employee could borrow $1,000 at a borrowing cost of $75 as opposed to $300 at a payday loan outlet.
Such loans have been available in Manitoba through Aski, also based in Winnipeg, since 2006.
Under the new distributorship model, Tricorp, an Aboriginal financial institution based in Prince Rupert, B.C., will offer employee benefit loans to customers utilizing Aski’s infrastructure.
Aski, which means “earth” in the Cree language, will act as the clearing house and financial administrator.
“We have looked upon TWCC as a model of what an Aboriginal financial institution can do in diversifying,” said Peter Lantin, Chief Operating Officer at Tricorp. “We are delighted to be participating with them in an exciting new line of business.”
Ms. Zurba said Aski distributorships are open to all Aboriginal financial institutions across the country, as well as compatible Aboriginal organizations.
“This is a very exciting and innovative private-sector Aboriginal solution to a longstanding social problem,’’ Ms. Zurba said. “This is Aboriginal empowerment and anyone wanting to join us should contact me directly.”
Ms. Zurba can be reached at 1-800-568-8488 or bzurba@twcww.mb.ca
There is no payroll cost in providing this attractive employee benefit because the employer is not providing any cash advance or acting as the actual lender. Loans can be disbursed directly to the employee or to a re-loadable Mastercard.
Ms. Zurba said benefits to the distributor include everything from being able to offer a new financial services product to clients, to diversifying and helping to better meet the needs of their customers. “It is business entry that will add value to the client as well as a revenue source to the distributor without the overhead,” she added.
In addition, distributors are supported with strong loan management processes, administration and customer service by Aski. Training and marketing support are also provided as part of the offering. “It’s win-win for everyone involved,” Ms. Zurba said.
Founded in 1993, TWCC has provided more than $40 million in loans for business in 45 First Nations communities in Manitoba. It was granted ISO 9001:2008 certification last year and was selected as one of Manitoba’s 50 Fastest Growing Companies in 2009. www.twcc.mb.ca
Aski Financial, a wholly-owned subsidiary of TWCC, brings personal financial services directly to Aboriginal clients through employer partners – Aboriginal-owned and led businesses including First Nations bands, associations and organizations. www.askifinancial.ca
Brenda Zurba
Director of Sales & Marketing
TWCC (Tribal Wi-Chi-Way-Win Capital Corporation)
419 Notre Dame Avenue
Winnipeg, Manitoba R3B 1R3
P: 204.943.0888 ext 231
F: 204.946.5318
Toll Free: 1.800.568.8488
bzurba@twcww.mb.ca
www.twcc.mb.ca
What is it with Indian and Northern Affairs Canada (INAC) and it’s unilateral decision making?
A new sole-source contract or Advance Contract Award Notice (ACAN) (1) has been put out for Canadian Standards Association (CSA) to define who is a Métis – as if Canadians of aboriginal heritage are electric kettles rather than people. Furthermore, as if that is not galling enough, it was done without prior consultation with the native and Métis peoples. The story was first buried in the Friday CBC news (2) and slipped off the Winnipeg Free Press (3) website after 56 comments. Nonetheless it is continuing to attract the concern among the Aboriginal public.
Aboriginal Self-Government Swept Aside
This has left the people once more without a voice on their own status. David Chartrand, president of the Manitoba Métis Federation, is furious. There is no question that Métis status must be defined but that must be done in cooperation with the population most affected.
There already exists a national Métis Council that defines membership as by meeting all the criteria below.
1) a person who self-identifies as Métis
2) is of historic Métis Nation Ancestry
3) is distinct from other Aboriginal Peoples
4) is accepted by the Métis Nation.
‘All of a sudden we’ll have a dismantling of all the work we’ve done for the last 23 years.’—David Chartrand, president of the Manitoba Metis Federation
(See Appendix A at the End of Full Article)
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Assiniboine Credit Union opts to coordinate with Aboriginal Financial Institutions rather than support INAC initiative
Winnipeg (Feb. 3, 2011) – Assiniboine Credit Union (ACU) of Winnipeg has chosen to withdraw from a federal loan subsidy program intended to stimulate lending to Aboriginal businesses.
Tribal Wi-Chi-Way-Win Capital Corporation (TWCC) said today it has been informed that the board of directors of ACU voted to give Ottawa notice of its intention to leave the Loan Loss Reserve (LLR) initiative of Indian and Northern Affairs Canada (INAC).
“We congratulate ACU for the doing the right thing and acting on principle,” said Alan Park, Chief Executive Officer of TWCC, a Winnipeg-based Aboriginal financial institution.
“When there is a level playing field we all win. We are looking forward to working alongside ACU in building a strong Aboriginal economy.”
“We’ve worked closely with numerous tribal councils in the past, which was one of the reasons ACU was selected by INAC to administer this program,” said Al Morin, ACU’s President and CEO.
“But in the end, the very Aboriginal communities we sought to serve were feeling disenfranchised by INAC’s decision to offer the loan-loss reserve only to mainstream financial organizations.”
“By stepping away at this time, we believe we can better support TWCC in their efforts to have this type of programming available to all Aboriginal financial institutions.”
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