Judge partly grants judicial review, rules BRFN council violated bylaws

FORT ST. JOHN, B.C. — A judge has ruled the council of a Treaty 8 First Nation in British Columbia violated bylaws in making decisions regarding industrial development. 

A judicial review filed last year by Blueberry River First Nations (BRFN) Elders Clarence and Joe Apsassin went before a federal court in Vancouver earlier this summer.

They alleged in their filing the removal of former BRFN Chief Judy Desjarlais was not in conjunction with the nation’s bylaws, and called for the removal of BRFN councillor Shelley Gauthier.

An independent review led to Desjarlais’ removal in September 2024, a decision BRFN said at the time was a result of Desjarlais failure to “act honestly, impartially or in good faith.”

The November 17th ruling was related to the Apsassins’ filing, and not to a separate case filed by Desjarlais.

In the decision document, Judge Negar Azmudeh granted the judicial review in part, determining BRFN council “breached BRFN bylaws and customs” and “are required to consult with and represent the views of Blueberry’s members, including family groups and Elders, in advance of making major decisions.”

She also determined the two parties’ to submit written schedules regarding costs within 10 days.

Both Clarence and his legal representatives said a statement would be issued at a later date, but Clarence did say he was “pretty excited and happy” with the ruling to Energeticcity.ca.

On her LinkedIn profile, the former Chief said in a statement the decision “emphasizes democratic and procedural safeguards are not optional – even when a majority seeks a particular outcome.”

“For Indigenous governance, it reinforces internal bylaws, transparency and meaningful consultation are foundational to legitimacy and accountability,” wrote Desjarlais in her post.

Energeticcity.ca has reached out to BRFN council representatives for further comment on the ruling, but did not immediately hear back in time for publication.