The Blueberry River First Nations have responded to a motion filed by Elders Clarence and Joe Apsassin, calling for a judicial review of the band’s council.
A statement of facts filed by the councillors on February 14th, 2025, was obtained by CJDC-TV.
Council representatives Wayne Yahey, Shelley Gauthier, Troy Wolf, and Sherry Dominic are requesting the Federal Court dismiss the Elders' application, claiming it is “without merit.”
In the memorandum, quorum alleges that the application relies mostly on accusations and inadmissible arguments, and seeks a decision on an issue already addressed by the 2017 Election By-Law.
The elders have alleged a “flagrant disregard” for the nation’s laws and customs on behalf of council. They claim that the investigation against former Chief Judy Desjarlais was conducted without consultation and lacked supporting documentation.
However, the council stands firm on their decision to independently investigate, alleging that Desjarlais granted permit approvals without their knowledge —one of the main reasons listed for her ousting as chief in September of last year — and that BRFN members were present at a May 31st Council Meeting when a BCR to investigate was passed.
They also deny claims that she was removed because she “advocated against a culture of secrecy.”
The elders also allege that important decisions on the Implementation Agreement and the firing of their band manager were made behind closed doors. The council denies this, and in each case cites a timeline for each allegation where due process was followed.
None of the accusations have been proven in court.
In a February 6 statement, BRFN said that repeated actions are not only harming but hindering the nation’s ability to make meaningful progress.
“It is Council’s opinion that this is being done in an attempt to intentionally create further division within our already divided community, and to misrepresent Council’s conduct,” read the statement, that also rebuttals claims made as part of five-part CJDC-TV interview series with Desjarlais.
Council is also asking the court to dismiss a request for costs related to the Elder’s review after they cited limited resources.
Both this case and a judicial review of Desjarlais’s removal remain before the courts.