'A huge mess' Blueberry River First Nation Elders protest ongoing dispute with council

FORT ST. JOHN -- Elders of the Blueberry River First Nation gathered in Fort St. John today calling for a resolution with council on band issues.

Last year, the First Nation reached a historic land agreement with the province stemming from a 2021 lawsuit.

That lawsuit is now dividing families among the First Nation community.

“Our ancestors and my great grandparents are probably rolling around their graves and looking at all of this and saying, wow, we did not raise you guys this way,” said Blueberry River First Nation Elder Clarence Apsassin.

In 2021, the BC Supreme Court sided with the Blueberry River First Nations (BRFN) on a historic ruling that deemed the province breached Treaty 8 rights by permitting industrial over-development of forestry, and oil and gas projects, which impeded on Indigenous way-of-living activities like hunting and fishing. 

It saw the Blueberry River take back stewardship of traditional land, along with a $200-million contribution from the province for land restoration made payable by June of 2025. An additional  $87.5 million financial package over three years was also given by the province, with an opportunity for increased benefits based on PNG revenue-sharing and provincial royalty revenues.

Now, elders and council members are having disagreements over the implementation of the agreement.

"A clear process in terms of the band custom hasn't been followed to date, so we're in a huge mess here in a Blueberry First Nation -- we've got huge agreements, we've got huge settlements and we're in a mess," said Apassin.  

According to Chief Judy Desjarlais, the agreement was negotiated by Vancouver-based law firm Ratcliff LLP, who has worked with the First Nation since 2004.

The elders say there was no consultation or referendum on the conditions of the deal with members, and are calling on the community to drop the firm and resolve issues internally.  

“What the people want and what the elders want is the direction we want to go-- not from some lawyer’s recommendation or somebody, a consultant, saying this is the best for you,” said Apassin.

"All the elements of the IA needed to be talked to the members of the community, especially the elders, because at the end of the day, the implementation is about the next seven generations," said Chief Judy Desjarlais.

On May 30, terms of the Gundy High Value One Plan were reached in consultation with BC Minster of Energy, Mines and Low Carbon Innovation Josie Osborne.

It would reinforce the nation's involvement on industrial development on land in and around the reserve.

Since then, allegations of conflict of interest are being levelled against Chief Desjarlais with council seeking litigation for her dealings in the negotiations, as both Chief and owner of a private contracting company. Desjarlais says she stepped down from the business to commit to her duties as chief, and that the initial 2021 lawsuit was settled before she took on the role.

“Under their former chief, council challenged that and the judge pretty much said there’s nothing written under the custom code or anywhere else that the chief can have business,” said Desjarlais.

Elders are now looking for council to include members in conversations surrounding the future of the land and its impact on the next generations, with a petition that currently has 68 signatures.

The Elders making six recommendations to council that includes: listening to band members, ensuring band custom are followed, hiring a band manager, create a land management code, finish and implement a BRFN CCP, amend the current 2017 Band Custom Code, and create an economic development plan.

In an email, Elders requested a one month timeline for council to come up with a plan.

If not, they will ask for their resignations and seek to re-elect a new council.

Blueberry River is a self-governing First Nations community made up of both Dane-zaa and Cree cultural groups.