Judge rules BRFN counsel in ‘conflict of interest’ amid ousted Chief’s judicial review

FORT ST. JOHN, B.C. — The dismissed Blueberry River First Nations (BRFN) Chief is celebrating a victory in her fight against the council which ousted her.

Judy Desjarlais was removed last fall after an independent investigation by BRFN council launched in 2023 said she had failed to “act unilaterally, but did so regardless” pertaining to exemptions granted for Petronas’ industrial work on BRFN’s high-value areas.

The high-value areas are zones of particular importance for BRFN’s way of life that require specific management to protect them from new development. 

The federal judge in Desjarlais’ review protesting her removal, Justice Catherine A. Coughlan, has said the opposing counsel hired by BRFN was in a conflict of interest.

BRFN’s counsel had previously worked at another law firm and advised Desjarlais during her time as Chief through to her dismissal.

Desjarlais’ conversations with lawyers from Clark Wilson LLP when she was Chief were “in the context of a solicitor-client relationship.”

The lawyer then moved to Whitelaw Twinning earlier this year, when Desjarlais pointed out the conflict of interest. An e-mail in February said Whitelaw Twinning denied the claim, stating the party would be “ethically walled off.”

Coughlan stated, in the judgement obtained by Energeticcity.ca, Desjarlais had disclosed issues she had with the BRFN council and had considered the lawyer “a friend.”

BRFN councillors say they have 10 days from April 10th to find new legal counsel and say the search “is in progress.”

“I am satisfied that Chief Desjarlais has met her burden to demonstrate that confidential information was shared with [counsel] in relation to the subject-matter of the judicial review,” wrote Coughlan in the 21-page document on Thursday, April 10th.

In a statement, the four BRFN councillors, including Troy Wolf, Sherry Dominic, Wayne Yahey and Shelley Gauthier, wrote the removal is simply “procedural” and not “a decision on the judicial review of Ms. Desjarlais’ removal.”

“I look forward to the court ruling on my ‘removal’ soon as well,” wrote Desjarlais on her LinkedIn profile upon release of the news Thursday evening.

Coughlan wrote she was “satisfied that the information was shared in the context of a solicitor-client relationship and that to permit Whitelaw to continue to act would adversely affect the public’s confidence in the administration of justice.” 

Desjarlais has claimed the investigation which led to her dismissal cost around $400,000 in a Facebook video after her removal. 

A full timeline of events at BRFN is available here. The full 21-page document is available to read below: