Blueberry River First Nation files new claim against B.C. government

FORT ST. JOHN, B.C.  — More than three years after first securing a landmark victory against the province, Blueberry River First Nation (BRFN) will again see the government in court.

BRFN filed a notice of civil claim in provincial court on Monday, July 8th, to protect the First Nation’s rights and enforce the province’s constitutional, fiduciary, and contractual negotiations.

The government and BRFN reached an agreement last January. This deal included improving mechanisms to “manage the cumulative effects of industrial development,” within BRFN’s traditional territory, according to a news release.

That stemmed from a ruling from the B.C. Supreme Court, which in 2021 said the province had breached BRFN’s treaty rights from overdevelopment on their land.

The implementation agreement signed by both parties states a collaborative effort in land use and where oil and gas development can occur in the First Nation’s critical and cultural areas, and to set “New Disturbance Caps,” a limit on the amount of new development can happen per annum.

In May, BRFN signed an agreement regarding high-value areas – The Gundy Plan. The First Nation sought to protect 100 per cent of the cultural lands but agreed to 40 per cent under the conditions of the implementation deal.

Members of BRFN, however, were highly critical of the approval, something the province was aware of despite the announcement of an agreement.

The filing, under file number S-244500, cites the Gundy Plan is “not in BRFN’s best interests,” with regards to disturbance caps, stating the plan was approved “without notice or the authorization of BRFN’s Chief and Council,” citing the notice of an agreement was contrary to the First Nation’s governance model.

Implementation agreement spokesperson and BRFN councillor Wayne Yahey says the announcement of an agreement caught the BRFN council by surprise.

Yahey demanded the government reverse its course immediately and come back to reach a reasonable resolution, an appeal that the province has rejected so far.

“We reject the purported ‘approval’ of the Gundy Plan as drawn up by the province,” said Yahey.

“The complete removal of the New Disturbance Cap means that new disturbance can be even more concentrated in this critical cultural area as compared to other parts of our territory.” 

“We demand that the province immediately reverse this course and engage with the elected Chief and Council of our Nation in an honourable way to find a balanced path forward for everyone, including industry, in the northeast.”

Despite the claim in court, BRFN continues working with the province on referrals, land planning, and other aspects of the implementation agreement. 

BRFN Chief Judy Desjarlais was contacted by energeticcity.ca for comment but the chief didn’t respond by publication time.