The chief of the Abenakis of Wôlinak, Michel R. Bernard, signed the contract giving full power to private investors to establish a casino on his territory without even reading it, - has learned.
However, he claims that its content was explained to him by several lawyers. The problem? They were probably paid by Josh Baazov, a businessman who represents the interests of these same investors, he admits.
Chief Bernard made this admission during sworn testimony in Superior Court on Monday in Trois-Rivières.
The contract authorizing the arrival of the casino was signed in 2020. However, it was written in English, a language that chef Bernard does not understand.
Before signing, lawyers explained to him the ins and outs
of the document, he explained to the court, stressing that his interest was limited to the percentage [des profits] which came back to the council
.
Three lawyers, who approved the contract, worked for us
Chief Bernard said again in court.
However, these lawyers did not work for the Abenakis of Wôlinak, according to the chief’s own confessions, who claimed not to have paid for their services and not to remember their names.
Was it Mr. Baazov who paid the fees?
a lawyer asked him. J’imagine
replied Chef Bernard.
Josh Baazov is the representative of a nebulous group of private investors who control the Wôlinak casino through the company Tribal Gaming, revealed Investigation last month.
Mr. Baazov is a Quebec businessman who has been convicted of fraud and drug trafficking in the past. He is currently being prosecuted in Israel for his alleged involvement in phone hacking and a campaign of threats against former business partners.
I have a very good bond with this guy. I’m very, very comfortable in this, very, very, very comfortable
had explained the chief of Wôlinak to Investigation.
Michel R. Bernard gave the green light to the casino project without consulting the population or the elected officials of the band council.
Although the Abenakis of Wôlinak First Nation owns the casino, it has no power in the management of the establishment.
This casino, located in Centre-du-Québec, has been open to the public for two years, without any authorization from the provincial government, as provided for in the Criminal Code.
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Josh Baazov, Wôlinak chef Michel R. Bernard and then-general manager Dave Bernard at the grand opening of the Wôlinak casino in 2022.
Photo: Courrier Sud / Stéphanie Paradis
Police inaction
These revelations by Chief Bernard were made during a defamation trial brought by the director of the Abenaki Police Force, Éric Cloutier. Like many indigenous communities, the Abenakis have their own police services.
Mr. Cloutier believed that he had been the subject of defamation by two elected officials from the Wôlinak council who questioned his independence and impartiality, in particular because of his inaction in the casino file.
The police chief pleads that he could not do otherwise. He justified himself by submitting as evidence a legal opinion from the Lazarus Charbonneau firm which maintains that the Abenakis of Wôlinak have the ancestral right to operate a casino.
According to information made public by Chief Bernard, the Lazarus Charbonneau firm was not mandated by the Abenaki council of Wôlinak. It is not known who paid for this legal opinion, written in English and addressed to Michel R. Bernard.
Lazarus Charbonneau is a firm actively involved in the gaming industry. Nothing on its website indicates expertise in Indigenous law.
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Main entrance to the Le Grand Royal Wôlinak casino.
Photo : - / Yanick Rose
Illegal sale of cannabis
Cannabis vapes, known as wax penswere sold illegally at the casino in 2022, this defamation case also reveals.
Even though certain products were legalized at that time in Canada, the Abenakis of Wôlinak had banned the sale of cannabis on their territory.
According to an advisor, the Abenaki Police Force contacted Josh Baazov rather than carrying out a search. You don’t call the culprit before going to do a search
she said during the council meeting of November 29, 2022, an audio extract of which was filed as evidence.
Naturally nothing was done and today all evidence has disappeared. Is this incompetence? Or complacency in favor of casino promoters?
advisors wrote in a letter sent to the police chief’s lawyer.
Three councilors wanted to fire the casino’s general manager, Carl Doyon, because of the sale of cannabis.
Chief Bernard opposed the dismissal. The Abenaki council cannot interfere in the management of the casino, he said during his testimony in court.
During an interview with InvestigationDirector General Doyon had been unable to name a single law or regulation that would apply to his establishment, saying instead he followed the directives of the investors and the Abenaki council.
In a witness statement, dated 2022, a counselor details a meeting at the casino to determine who was responsible for the illegal sale of cannabis. Among others present were: general manager Carl Doyon, Josh Baazov and a Russian
who is not identified.
After a day of hearing, the police director withdrew his prosecution.
This defamation dispute emerges from the arrival of the casino in the community of Wôlinak, writes judge Manon Lavoie in a decision which ratifies an amicable agreement.
The debate that needs to be had is the legality of the casino. […] If it is well exploited, who is behind it? Where are the funds going?
she said during a hearing. She also said that the situation needed to calm down while the courts decided these issues.
I am the small debate in a huge debate
said Judge Lavoie, adding that she had listened to the program Investigation on the Wôlinak casino.
Tribal Gaming in the sights of Quebec
Following the report of the show Investigationthe Quebec Enterprise Registrar sent a notice of non-compliance to Tribal Gaming Holdings Canada, the company that brings together the investors behind the casino.
We have reason to believe that the information declared in the “Ultimate beneficiaries” section would be incorrect
writes Caroline Meunier, of the inspections team, in a letter consulted by -.
Last September, Tribal Gaming said it did not know who the true owners of the company were.
Please correct this information by declaring the information valid to us. If, however, you judge that the information declared is true, you must send us any document necessary to verify its accuracy.
continues Ms. Meunier.
The company has 60 days to comply or it could be delisted.
Tribal Gaming is owned by a company based in Delaware, United States. Its first administrator was a mysterious woman named Mariia Barinova. Investigation revealed that she was a Russian citizen who lived in the suburbs of Moscow.