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First Nations’ Elders and council react to judicial review ruling

Both parties involved in a judicial review of Blueberry River First Nations’ council have issued statements about the Chief and council’s future.

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Blueberry River Offices in early spring 2024
Blueberry River First Nations offices in Fort St. John (Ed Hitchins, Energeticcity.ca)

FORT ST. JOHN, B.C. — Both sides of a judicial review concerning a Treaty 8 Nations’ council have released statements about the outcome, with one party saying they were vindicated by the outcome.

Blueberry River First Nations (BRFN) Elders Clarence and Joe Apsassin had filed the motion for a judicial review last year, alleging their Nation’s council violated bylaws in the removal of former Chief Judy Desjarlais and in making decisions regarding the BRFN’s Implementation agreement with the province.

The two men also sought the removal of their family councillor, Shelley Gauthier. The review went ahead this summer in Vancouver.

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This week, Judge Negar Azmudeh granted the judicial review in part, ruling the council breached band bylaws and customs and were required to consult with community members in “making big decisions.”

Through their legal representation, both Clarence and Joe Apsassin say the decision “vindicates the concerns they have been trying to raise for years.”

“The four councillors have repeatedly ignored Blueberry’s laws and customs, family groups and Elders for too long, causing harm to the Nation,” reads the statement in part. “The federal court’s decision highlights the need for immediate reform and political change to address Blueberry’s ongoing governance issues and ensure decisions are made that will benefit the community and reflect the will of its members.”

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Meanwhile, BRFN councillors including Gauthier, Troy Wolf, Wayne Yahey and Sherry Dominic have released a separate statement, in which they maintain several decisions – including Desjarlais’ removal as Chief – were justified.

It does state, however, that the four councillors’ will “review the court’s decision and ensure the council complies with the Blueberry River First Nations bylaws going forward.”

They also confirmed rumours of an early by-election erroneously reported by other local media outlets are untrue and denied claims meetings were held in secret, saying council “does hold open member meetings twice a month and will continue to do so.”

It also says an election for a council and Chief will take place in January 2026 as planned with a deadline of December 3rd for entry on the ballot.

The court’s decision “does not impact” any of the councillors’ rights to run in the next election, it said.

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Authors
Ed Hitchins

A guy who found his calling later in life, Edward Hitchins is a professional storyteller with a colourful and extensive history.

Beginning his journey into journalism in 2012 at Seneca College, Edward also graduated from Humber College with an Advanced Diploma in Print and Broadcast Journalism in 2018.  After time off from his career and venturing into other vocations, he started his career proper in 2022 in Campbell River, B.C.

Edward was attracted to the position of Indigenous Voices reporter with Energeticcity as a challenge.  Having not been around First Nations for the majority of his life, he hopes to learn about their culture through meaningful conversations while properly telling their stories. 

In a way, he hopes this position will allow both himself and Energeticcity to grow as a collective unit as his career moves forward and evolves into the next step.

He looks forward to growing both as a reporter and as a human being while being posted in Fort St. John.

This reporting position has been funded by the Government of Canada and the Local Journalism Initiative.

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