Fort Albany woman unable to access $97,0000

A Fort Albany woman is unable to access the $97,000 she received in residential school compensation several months ago because she had previously been deemed a “mentally unfit Indian” by the federal government.
Agnes Sutherland, 57, struggled with alcohol addiction and in February 2009, was admitted into a mental health unit in Timmins. A required assessment was conducted and the physician made a finding that she did not have the mental capacity to manage her property.
The assessment was sent off to the Office of the Public Guardian and Trustee, a provincial department, who in turn sent it off to Aboriginal Affairs and Northern Development Canada (then known as INAC).
“And INAC made an appointment pursuant to the Indian Act that she be deemed a mentally incompetent Indian pursuant to that definition in the Act and appointed the Office of the Public Guardian and Trustee to act on her behalf,” said Sharon Sabourin, a Timmins lawyer representing Sutherland.
Upon being released from the mental health unit, Sutherland returned home to Fort Albany and, through the help of counseling, kicked her alcohol addiction.
Last year, Sabourin had a local physician reassess Sutherland.
“And of course, they found she had capacity and that letter was sent to INAC and the Office of the Public Guardian and Trustee,” Sabourin said.
The Office of the Public Guardian and Trustee said the appointment is out of their hands and Sabourin was told to contact AANDC.
“(The Office said) the appointment was under the Indian Act and they have to remove that appointment and said take it up with them directly and all of my letters have gone ignored since April of last year,” Sabourin said.
Several months ago, Sutherland moved to Timmins but was unable to find a home. A diabetic, Sutherland had one leg amputated and is in a wheelchair.
And as she was homeless in Timmins, of the $97,000 sitting in her account, Sutherland is given $87 a week from the trustee.
It was not until her struggles appeared in local media that arrangements were made with the trustee to provide her a home, where the rent is billed directly with the trustee.
With such a long wait for a response from AANDC, Sabourin had an application issued at federal court and that is being delivered to the Attorney General of Canada, AANDC and the Office of the Public Guardian and Trustee.
“So they will have to respond,” Sabourin said.
Until then, Sutherland will have to wait until she can access the funds she is due.
“She feels extraordinarily frustrated because from her point of view, she went through this abuse in the residential school system and that was in her view in the hands of the government,” Sabourin said. “And now that’s happening all over again where she’s given a settlement to compensate for the abuse … and there’s ongoing control over her on how she can spend this money.”
Sabourin cannot find a legal precedent where a similar situation has been settled in court, but said since the media coverage, others from across Canada have contacted her with similar circumstances.
A call to AANDC was not returned.