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(UPDATE) Former Chief files judicial review over Blueberry River First Nations election

Former Blueberry River First Nations’ Chief Judy Desjarlais has filed another judicial review alleging the election date is contrary to BRFN bylaws.

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

Update, November 30th, 4:10 p.m.: This story was updated with a statement issued by BRFN councillors.

FORT ST. JOHN, B.C. — The saga surrounding Blueberry River First Nations (BRFN) had another wrinkle this week.

Former Chief Judy Desjarlais filed another judicial review regarding the four councillors recently the subject of a separate review by BRFN Elders Clarence and Joe Apsassin.

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Both cases are unrelated to a third filing concerning Desjarlais’ removal, which is still before the courts.

Desjarlais latest judicial review, filed on Wednesday, November 26th, concerns the date of an election – which councillors Wayne Yahey, Troy Wolf, Shelley Gauthier, and Sherry Dominic had previously announced as taking place in January.

A legal document alleges the decision to push forth for an election date was contrary to BRFN election bylaws, and “without jurisdiction, unreasonable, unfair, through a closed mind, in bad faith, for an improper purpose and/or otherwise unlawful.”

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Desjarlais claims in the filing she was only notified of the election during a case management conference concerning her removal on November 18th, not receiving a copy of the notice until November 25th.

Desjarlais alleges the moving of an election date to January 12th and 13th, 2026 is a full 30 days fewer than previous terms, and the resolution to do so was only signed by three councillors, when “the quorum is four.”

BRFN has denied any wrongdoing, saying the election date was posted for everyone at the same time and passed by four councillors.

Desjarlais was removed in September 2024 following an independent investigation which determined she had violated the Nation’s bylaws by unilaterally granting permit approvals to the energy company Petronas for work on traditional lands without consulting or obtaining the required approval from the BRFN council.

On documents posted to her LinkedIn profile, Desjarlais is now asking the court for the election to be put off until the decision on her review or until “such date be set by the honourable court.”

Previously, the councillors had said the recent decision on the Apsassin’s judicial review by Judge Negar Azmudeh “did not impact” the councillor’s right to run for re-election.

Azmudeh determined the councillors had “breached bylaws 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.”

The BRFN councillors issued a statement to Energeticcity.ca in relation to the new filing. It said: “This new application filed by Desjarlais is yet another attempt to disrupt Blueberry’s governance for self-serving purposes.

“Contrary to Desjarlais’ comments about the upcoming election dates not being set properly: the dates, process and timing for the election have all been correctly followed according to Blueberry’s bylaws.

“Timing was determined in coordination with Blueberry’s election officer. Information related to the nomination and election dates were posted to the Blueberry website for all members at the same time. The resolution to set the election dates was passed by a quorum of four councillors.”

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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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