FORT ST. JOHN, B.C. – Three members of the Blueberry First Nation Council are suing Chief Yahey in the ongoing battle to have him removed from office.

In a civil claim filed December 21, Councillors Shelley Gauthier, Robin Ewaskow and Troy Wolf are for suing Chief Marvin Yahey, saying he has broken his fiduciary duties as Chief of the Blueberry First Nation.

Under the Blueberry River Custom Code, a Chief must avoid the appearance of a conflict of interest and avoid being involved in any transactions or business matters that appear to be a conflict of interest.

According to the Custom Code, the plaintiffs say that if a council candidate is employed with Blueberry River or a Blueberry River business entity, they must resign or take a leave of office.

The plaintiffs argue that since Chief Yahey remains the President and only officer and director of Yahey Brothers Enterprises Ltd., he has not followed the Custom Code and has benefited financially from being Chief of the community.

In the lawsuit, the Councillors give one example that they believe shows the Chief benefited financially when his company, Yahey Brothers Enterprises, worked and benefited from a Gas Link contract in 2017.

The three Councillors are seeking a complete accounting of all the benefits that Cheif Yahey has received, along with general and punitive damages.

Chief Yahey has 21 days to respond to the civil claim before the courts review it.

During a Band meeting in June, Councillors Shelley Gauthier, Robin Ewaskow and Troy Wolf tried to have Chief Yahey removed, saying he has failed to act in the best interest of the First Nation. They also presented a petition signed by members of the First Nation asking the Chief to resign.

Chief Yahey says he has done nothing wrong and remains Chief of the community.

A copy of the lawsuit can be found below.