Two Blueberry River Elders file motion for judicial review in federal court

FORT ST. JOHN, B.C. — Two Blueberry River First Nation Elders have filed a judicial review after an investigation into a former chief was concluded. 

Blueberry River First Nation (BRFN) Elders Joe and Clarence Apsassin have filed for a judicial review of the First Nation’s entire council’s actions.

Former chief Judy Desjarlais was removed from power in September for an alleged conflict of interest, and a decision regarding her future is currently before federal courts.

Clarence Apsassin told Energeticcity.ca that they filed the motion to give band members a greater voice in the decision-making process.

Blueberry River’s current governance structure consists of an elected chief and five council members. Each family elects one councillor to represent the family, and those councillors elect a chief to lead. 

“We want to ensure leadership works alongside membership,” said Clarence. “They represent their own families in terms of the custom, the way it’s set up, but they also represent the whole band as a unit. It has to be one or the other.

“Look at economic development, for example. They micromanage it and when it’s not good for them, they go back to their families.”

The filing also alleges that the investigation and removal of Desjarlais were not in coordination with the band’s by-laws. 

The motion was filed in federal court by Vancouver-based law firm Cochrane Saxberg LLP. 

Both Apsassins were involved in a petition to ouster councillor Shelley Gauthier back in November 2024.

Gauthier responded by saying she had “full confidence” in support from the Apsassin family to Energeticcity.ca. 

The motion also alleges significant decisions, such as the Implementation Agreement signed with the provincial government for $65 million in 2021 were made in private, without community involvement.

“They have never gotten the people in the band to ratify major agreements,” claimed Apsassin.

The document requests regular council meetings, asserts the Desjarlais investigation invoked a conflict of interest and mentions involvement with Elders in terms of governance. 

A further aspect is a request to remove a family representative from council if they “lose the confidence” of the group they represent. They also seek the costs of the review.

None of the claims filed have been proven in court.

Energeticcity.ca reached out to BRFN council but has not received a response before publication time.

This story will be updated as more information becomes available.