BRFN: Ousted Chief’s counsel disputes removal, alleges council errors

FORT ST. JOHN, B.C. — Legal counsel representing four Blueberry River First Nations (BRFN) councillors has alleged that ousted BRFN Chief Judy Desjarlais has overstepped her boundaries.

Desjarlais posted a series of letters to Facebook on October 28th, with lawyer Naz Mitha, the counsel representing BRFN, pointing out an apparent series of violations.

BRFN said an investigation concluded Desjarlais violated the First Nations’ bylaws, and she was removed in late September.

Mitha claims a binder containing Band Council Resolutions, among other items, is missing.

“While Ms. Desjarlais is challenging her removal, I anticipate that you will accept that,” said Mitha in the letter dated Friday, October 25th. “Until a court says otherwise, she is no longer Chief of the BRFN.”

“We note that on social media (e.g. LinkedIn), she is still holding herself out as being Chief. I anticipate you will agree this is entirely inappropriate and [counsel] advise her to cease and desist from doing so.”

In the clearing of Desjarlais’ former office, Mitha claims sensitive information and items, including BRFN laptops, have not been returned.

The letter concludes by inquiring about Desjarlais’ stance regarding whether a by-election should occur before or after her judicial review, which is currently pending.

Desjarlais’ lawyers, Vancouver-based McMillian LLP, retort that they “do not agree” with Desjarlais’s decision to stop referring to herself as Chief, adding that members of the BRFN community continue to do so.

They allege the BRFN Councillors, including Wayne Yahey, Sherry Dominic, Troy Wolf, and Shelley Gauthier, have “made mistakes” and that Desjarlais’ dismissal from the position was invalid.

“It appears that your four clients are purporting to treat Ms. Desjarlais as some sort of employee or subordinate,” reads a letter signed by Desjarlais’ representation. “Which is, of course, not true.”

“These various missteps and abuses are including but not limited to inappropriate usage of in-camera meetings and excluding a member of council (the Chief) in respect of action to be taken under section 199 of the bylaws.”

Desjarlais’ counsel is even more emphatic about a by-election, calling such a step “unnecessary, precipitous, and disrespectful.”

Desjarlais was removed as Chief due to violations stemming from the permission granted to energy company PETRONAS to conduct work on traditional land without gaining approval from the BRFN council.

Desjarlais launched her application for a judicial review in mid-October.