Court finds former Blueberry River First Nations chief’s ouster ‘procedurally fair and reasonable’

BUICK, B.C. — A federal judge has rejected the former Blueberry River First Nations (BRFN) chief request for a judicial review, saying her ouster was “procedurally fair and reasonable.”

In the 135-page ruling, Madam Justice Cecily Y. Strickland said Judy Desjarlais’ reasons to challenge her removal lacked merit, saying Desjarlais “bears the onus of establishing the removal decision was unreasonable.”

One argument  Desjarlais had made was that the ouster was politically motivated, but Strickland said Desjarlais “did not establish the concerns raised by the respondent councillors were aimed at personal or political advantage.”

Desjarlais was removed from office by four BRFN Councillors – Troy Wolf, Wayne Yahey, Sherry Dominic and Shelley Gauthier – in September 2024, after an independent investigation said Desjarlais violated the nation’s by-laws in reviewing permit applications and unilaterally advising the BC Energy Regulator of exceptions to allow work on traditional lands without consulting or obtaining the required approval.

Desjarlais filed her first of two judicial reviews that October, urging a federal court to reverse the band council resolution that removed her from power.

The second, separate judicial review filed by Desjarlais to contest the date of BRFN’s election, which took place in January, was previously dismissed.

In a statement, BRFN’s current chief, Sherry Dominic, said: “We want to be transparent with our members about the outcome of this lengthy legal process so we can close this chapter and begin to heal as a community.”

This comes after a judge granted a review in part to two BRFN elders, Clarence and Joe Apsassin, last November, ruling the BRFN council violated by-laws in making decisions regarding industrial development.

In January,a multi-use building burned to the ground on the reservation, something Dominc said her nation would rebuild going forward.

Energeticcity.ca attempted to reach out to BRFN Elder Clarence Apsassin, who filed the separate judicial review of the council last year, as well as Desjarlais, but did not hear back before publication.