The comments Liard First Nation Chief Liard McMillan made about the former Watson Lake Secondary principal in 2006 were untrue and disrespectful, a judge recently decided, but they were not enough to win a defamation suit.

Former principal Carson Atkinson launched the suit against McMillan and the first nation in 2007 over statements McMillan made in October 2006.

At an Oct. 1 all-candidates' meeting in Watson Lake, Premier Dennis Fentie surprised his constituents with an announcement that if he were to be re-elected, he would establish a "vocational stream” at the high school so students could start studying trades before

graduating.

It was an idea Atkinson had been promoting since his arrival at the school in 2003.

He saw it as a solution to the school's high dropout rate. He also hoped such a program would achieve the goal of having every student not only graduate but be prepared for some sort of post-secondary education.

The problem of low graduation rates was particularly concerning amongst first nations students, who at the time made up 60 per cent of the student body and had the highest dropout rate.

Leading up to the all-candidates' meeting where Fentie announced the vocational program, Atkinson did not have an entirely smooth relationship with the Liard First Nation.

In the spring of 2005, Atkinson had a heated argument with a Liard representative in the principal's office.

Atkinson reportedly raised his voice and intimidated council member David Dickson during the exchange.

Dickson said he "reacted emotionally and felt a constriction in his throat, similar to feelings that arise when he recalls memories of his residential school experiences,” according to the judge's summary of the event.

Atkinson said he was reacting to what he felt was an accusation he had brought drugs into the school.

Both McMillan and Dickson "were concerned that is Mr. Atkinson could speak that way to an LFN representative, then he might also treat LFN students in a similar manner,” they told the court, and that the "verbal abuse” was "culturally and professionally inappropriate.”

In a letter sent two days later to the assistant deputy minister of Education, McMillan demanded Atkinson make some "culturally appropriate atonement” which he later told the court should take the form of a "material sacrifice.”

Atkinson wrote a letter of apology. He thought the matter was put to rest, but bad feelings against the principal continued to fester at the first nation.

They boiled over at the all-candidates' meeting, when, upon hearing Fentie's plan for the school, McMillan took it to mean the premier and the principal had met and made plans without the first nation.

In fact, the two men had no such meeting. Atkinson simply told Fentie about his vocational program idea, as he did to all visitors to the school.

McMillan responded to the perceived slight by blasting Fentie and Atkinson in a press release and during a radio interview in the days following.

He accused both men of not understanding first nations students' needs and failing to consult with the first nation. He called the men condescending and patronizing, and likened them to the people who had set up the residential school system.

Ironically, in the following months, LFN officials praised Atkinson's efforts to start a vocational school and noted his initiative in several meetings.

However, the chief continued to ask the Department of Education for a formal investigation into Atkinson's behaviour, a correspondence Atkinson was unaware of.

On June 20, 2007, Atkinson launched a defamation suit against the chief and the first nations.

In considering the case, Justice Leigh Gower of the Yukon Supreme Court found the comments were defamatory.

However, he ruled, McMillan had the right to make them because he honestly believed they were in the public interest and that it was his duty as chief to address such issues.

Gower dismissed the defamation claim, but had strong criticism for McMillan's behaviour.

"I feel compelled to comment on the simple unfairness of (McMillan's) conduct in this matter,” he writes in the conclusion of his judgment.

"... It is ironic that the defendants and their counsel have often spoken of the importance of respect and tolerance in the culture of the Liard First Nation,” Gower writes.

He quotes McMillan as saying, "It is the Dena way to remain respectful of each other as we attempt to find solutions, despite our difference,” and "It is not the Dena way to denounce, expect in extraordinary circumstances.”

"Given the stated ideals, I find it difficult to understand why Chief McMillan and the LFN proceeded in the way they did.

" ... It is my opinion that the action could have been avoided altogether had (McMillan and the LFN) been more forthright. It is even conceivable that the action may have been curtailed or resolved if (McMillan and the LFN) had demonstrated a more respectful and tolerant approach.”

He ruled that both parties should pay their own legal costs.