As the Blueberry River flows: A brief timeline of events from the Yahey vs B.C. case to now

Updated on March 5th at 11.10am: Blueberry River First Nations provided some further context and amendments to this timeline and the story was updated.

FORT ST. JOHN, B.C. — The past six months at Blueberry River First Nations (BRFN) have added another layer to the community’s history.

A court decision in 2021 set in motion a chain of events which led to BRFN gaining a say in industrial development on traditional lands. Then there have been judicial reviews submitted, a chief’s ouster and more.

Here’s everything published by Energeticcity.ca about the situation so far:

JULY 2021 – B.C. does not appeal the Supreme Court of British Columbia’s ruling in the case Yahey vs B.C., when a judge said the province allowing permits for industrial contracts on BRFN traditional lands violated members’ way of life, including their rights to hunt, fish and trap on their territory, as per Treaty 8.

OCTOBER 2021 – Following the Supreme Court ruling, BRFN and the province signed an agreement to establish a $65-million fund to begin land and wildlife restoration activities.

JANUARY 2022 – Judy Desjarlais is elected BRFN chief over incumbent Marvin Yahey for a four-year term.

OCTOBER 2022 – Blueberry River Resources (BRR) is formed. Former Fort St. John Mayor Lori Ackerman is the company’s first chief executive officer.

JANUARY 2023 – BRFN signs a deal with the province to heal the landscape and restore Blueberry members’ ability to practice their treaty rights. It will receive an additional $87.5 million through 2026 and co-manage the Blueberry River Restoration Society. The province agrees to allocate approximately $200 million toward the fund by 2025.

FEBRUARY 2023 – The British Columbia Oil and Gas Commission releases details of the announced deal. It includes restoration and land protection measures in high-value (HV1) areas and oil and gas limits on crown lands, known as new disturbance caps. The agreement splits HV1 areas into differing levels of protection, including the dancing grounds, which the court ruling prioritized as of “great cultural importance” to BRFN.

As a result, proposed Petronas permits which would create a new disturbance in these areas need an exception from BRFN for work to proceed.

JUNE 2023 – BRFN announces a new consultation process for oil and gas development with the B.C. Energy Regulator (BCER). It encourages applicants to engage with BRFN before applications are submitted.

BRFN signs new band council resolutions saying only a majority of its council can grant exceptions in the BCER permit process. Desjarlais later denies she did so without council’s approval.

JULY 2023 – Desjarlais allegedly writes to the energy regulator, giving five permits to Petronas near the dancing grounds and stating in writing she had the full support of the council. Council claims she did not. 

AUGUST 2023 – Desjarlais is accused of stating to the BCER that she had full council approval for the exceptions and BRFN is informed about this by its legal counsel Greg McDade at Ratcliff LLP.

The council questions Desjarlais about the June band council resolution. She states the resolution was invalid and suggests she had sought approval from the council.  

NOVEMBER 2023 – BRFN council submits a report requesting an investigation into allegations surrounding Desjarlais, including (but not limited to): she had no authorization to act unilaterally but did so; she granted the exceptions for permits surrounding the HV1 areas near the dancing grounds; and she sent the letters to BCER falsely stating the council had been consulted.  Desjarlais denies all the allegations, saying the investigation had concluded findings were unfounded.

MAY 2024 – BRFN’s Joe and Clarence Apsassin retain law firm Cochrane-Sinclair LLP and file a formal judicial review of the council.

JUNE 2024 – BRFN hires Sugden, McFee and Roos LLP to conduct an independent investigation into the allegations regarding Desjarlais.

BRFN elders hold a meeting in Fort St. John. They discuss several points of contention in the meeting and call for the council’s resignation if it does not comply within 30 days.

AUGUST 2024 – The investigation makes various conclusions, including Desjarlais had no authority to “act unilaterally, but did so regardless”.

SEPTEMBER 2024 – Desjarlais is removed as Chief of BRFN. A Facebook video from Desjarlais says she was informed of her removal from a band member. She alleges her dismissal was done behind closed doors and claims the investigation to remove her cost BRFN members approximately $400,000.

OCTOBER 2024 – Desjarlais retains McMillan LLP to challenge her removal as Chief via a judicial review, seeking clarity on her removal and whether or not council corresponded with the minister of Aboriginal affairs.

NOVEMBER 2024 –  In a press conference, BRFN elders Joe and Clarence Apsassin allege Shelley Gauthier had been removed, but BRFN council issues a statement denying the claim. Gauthier says she has “full support” of the family of the late Edward Apsassin.

BRR announces the closure of its operations. The council later issues a statement that BRR, despite reports, will remain open and the current CEO was removed due to a “lack of confidence” in his leadership, but it offers nothing further.

JANUARY 2025 – The Apsassin elders formally announce the intent of a judicial review. A statement from the BRFN council says the review is unrelated to Desjarlais’ judicial review and is “not new.”

The Northeast BC (NEBC) connector project involving a BRFN partnership with NorthRiver Midstream is one of 18 to get provincial “fast-track” approval amid threats of tariffs by U.S. President Donald Trump. 

FEBRUARY 2025 –  BRFN speaks about the partnership with NorthRiver Midstream in a statement, saying it will “continue to support balanced industrial development.”