Blueberry River First Nations Elders, Clarence and Joe Apsassin, have filed a motion calling for a judicial review of the band’s council.
The motion, supported by a statement of facts filed by the Edward Apsassin family and Elders group, was obtained by CJDC-TV.
The statement calls for a review of the decision-making process, alleging a “flagrant disregard” for the nation’s laws and customs.
The Elders claim that the investigation against former Chief Judy Desjarlais was conducted without consultation and lacked supporting documentation.
They also allege that important decisions regarding the Implementation Agreement with the province, and the firing of their band manager were made behind closed doors.
In their supporting statement, Elders say that ‘on many occasions’ they invited council to participate in good-faith communication with both them and community members, but the offers were declined. They are calling the application for a review “a last resort.”
The Elders reference a similar case from 2020-2021, known as “The Gauthier Decision,” where councillors Shelley Gauthier and Troy Wolf applied for a review, citing the then leadership’s failure to observe by-laws and hold regular council meetings.
The court decided that meetings should be held at least twice a month. Now, the Elders accuse the current councillors of governing with the same disregard, calling it ‘ironic.’
None of the accusations have been tested in court.
The Elders are asking the federal court to declare that council actions breached the nation’s laws and customs.
Among other requests, they seek declarations for regular council meetings, conflict of interest in the Desjarlais investigation, more consultation with members before major decisions, mediation with Elders on governance, and costs related to the review.
CJDC-TV reached out to BRFN for comment, but did not receive a reply in time for publication. We will update this story should it become available.