PETITION FOR NON-CONFIDENCE OF FISHING LAKE FIRST NATION CHIEF DARCY DESJARLAIS AND COUNCILLOR COLIN LABANOWICH.

 

We, the signatories below are members of #390: Fishing Lake First Nation Band of Treaty 4. We elected our leadership in February of 2025 and are governed by the First Nations Election Act (FNEA). We are exercising our rights to Section 28 (2e) of the First Nations Elections Act for immediate removal of Chief Darcy Desjarlais and Councillor Colin Labanowich by means of this petition in accordance of: 

Section 28: Term of Office

             Term of office ceases:

(2) A chief or councillor of a participating First Nation ceases to hold office if:

(e) they are removed from office by means of a petition in accordance with the regulations.

 

With one year into the current four year term we have the non-confidence of our elected Chief: Darcy Desjarlais and Councillor: Colin Labanowich, who both have past leadership experience as recent councillors. It is found that both these leaders are in breach of their fiduciary duties. Leaders have a legal "fiduciary responsibility" to manage and protect the Nation's property, money, and assets for the benefit of all members and not themselves. 

With evidence of financial documentation by two councillors coming forth provides proof of financial mismanagement and misappropriation of government funding over the years resulting in possible financial ruin of our nation's future, reputation and integrity to act in good faith on behalf the Fishing Lake First Nation. We are upholding our obligations faithfully and lawfully; and Chief Darcy Desjarlais and Councillor Colin Labanowich failed to do so resulting in today's petition for non-confidence.

 

Basis of this Petition for non-confidence: 

 

It is discovered by two councillors that Chief Darcy Desjarlais was contracting CBL Construction to do some heavy equipment work. Substantial amounts of band funds were paid to this company without the proper supporting documentation of services so these two councillors conducted their own investigation. 

Chief Darcy Desjarlais was signing the Cheque's without the proper approval process to bypass all of councils approval. Issuing and signing cheques just below the $10,000 limit, and with two Cheque's issued in the same day below that threshold concluded with two councillors investigating these payments.

The purpose of those cheques made under the threshold requirements was to avoid Councils approval, this a conflict of interest, breach of trust and such practises are not in the best interest of the community which contravenes their fiduciary duties to the community, the law, and failing to uphold integrity and to act in good faith in accordance with government policies, and our own traditional laws of Anishinaabe peoples.

Two councillors confronted Chief Darcy Desjarlais and Councillor Colin Labanowich at a duly convened meeting for these contracts, and upon their own investigation the CBL company belonged to Councillor Colin Labanowich. 

Upon confrontation both Chief and Councillor didn't deny any wrong doing but got offensive and tried to justify the wrong doing with intimidation by targeting their portfolios for confronting them.

Intimidation was their way of resolving and answering to the situation by switching some of their assigned portfolios, losing progress of the hard work to punish her for questioning their actions. That councillor lost her prevention portfolio for bringing more evidence of similiar practises by the prevention manager, whom is another past councillor associated with both Chief Darcy and Councillor Colin. 

Councillor Colin Labanowich was able to keep his portfolios that benefitted him and Chief Darcy Desjarlais. This Prevention Manager/former councillor was able to stay manager and this councillor's evidence was ignored and she was stripped of her Prevention portfolio. 

These contracts should be shared with experienced band members whom need the jobs and councillor Colin Labanowich is also double dipping by getting paid with band funds; both a councillors full-time salary and paid full-time 80 hours of contracted work with band equipment. How can his duties be carried out as councillor and paid full-time a councillors wage, plus a full-time heavy equipment operator contracted under his own personal business.

Both Chief Darcy Desjarlais and Councillor Colin Labanowich demonstrates the knowledge of intent to commit fraud with the Chief knowing this company belongs to his right hand man: Councillor Colin Labanowich.

It is found that the Chief signed Cheque's from October-December 2025 totalling $50,000 is knowledge of intent to commit fraud. This has to be going on longer than 3 months it is a well thought out plan right under the noses of the newly elected 4 councillors.

CBL Construction was paid top dollar with the use of band equipment and not equipment belonging to CBL Construction company. It is with intent when the Chief knowingly signed numerous Cheque's bypassing his Councils knowledge and legislated policies of issuing band funds is intent to commit fraud, which questions prior years of their leadership positions giving grounds for a forensic audit.

Signing checks without supporting documentation is considered a major internal control failure and a high-risk practice of fraud, often leading to misappropriation of funds or straight embezzlement. Such actions bypass necessary oversight, creating significant liability for our Nation.

Such mismanagement of finances is disguised as “deferred revenue” in a liability class on our annual audits dated back from 2020.. Both Chief Darcy Desjarlais and Councillor Colin Labanowich were distributing band funds with intent to benefit themselves and with uncertainly questionable practises of hiding such actions from the rest of the new councillors and band membership is intent to commit fraud.

These practices are examples of fraud and embezzlement of government funding and a great liability to our community. Pre-signing checks or signing without documentation is a common method for embezzlement, as it allows unauthorized individuals to fill in any amount and payee(CBL Construction). These practices were illegally exercised over the majority of years stemming from the past Governance; of which today, they are those past government officials for the Fishing Lake First Nation.

Scheming funds and withholding sufficient documentation and knowledge of such contracts from council and membership is an abuse of power by a government office holder and contravenes the Conflict of Interest Act and Breach of Trust and Fraud in Canada's Criminal Code which concludes is a breach of fiduciary duty to the Fishing Lake Band Members in accordance to the following: 

 

Conflict of Interest:

 

Section 4 of the Conflict of Interest Act:

 

(4.) For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her ​private interests or those of his or her relatives or friends or to improperly further another person’s private interests.

 

Breach of Trust:

Section 336 and 122 of the Criminal Code of Canada:

(336.) A person entrusted with property (trustee) converts it, with intent to defraud, to a use unauthorized by the trust.

(122) Any official who, while acting in connection with their duties, commits fraud or a breach of trust is guilty of an indictable offence (up to 5 years) or a summary conviction offence.

 

Fraud: 

 

Section 380 of the Criminal Code of Canada:

(380)(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

 

We are Registered Band Members that do not support the questionable action of this current Chief Darcy Desjarlais and Councillor Colin Labanowich and revoke their right to make decisions as our leaders on our behalf and we respect the Criminal Code of Canada and turning over evidence to RCMPs and petition their immediate removal of Chief and Councilor.

These unlawful actions are not upholding their duties as leaders and they cause more financial harm that has greatly impacted our Nation and we have non-confidence in them to fulfil the remaining three years of this term. There decisions and actions are made on their own behalf and not us Fishing Lake Band Members signed below: 

 

We terminate their contracts/agreements to represent us as our Chief and Councillor of the Fishing Lake First Nation, contrary to Section 28 2(e) of the First Nations Election Act effective immediately.

 

Dated February 12,2026

 

Signatory/ Band Members: