The Blueberry River First Nations is back in court, as a suit against the band council got underway today in Federal Court in Vancouver.
The Apsassin family and elders group initiated the suit over concerns about how the nation is being governed, and what they say is a lack of transparency.
The suit also claims a faulty investigation was conducted against Judy Desjarlais and her removal as chief.
Wednesday the court heard Councillor Shelley Gauthier testify while being cross examined, that she did not inform the Apsassin family, that she represents, about the investigation into the chief. Gauthier is also being accused of not following proper bylaws.
The Apsassin family would like Gauthier ‘held accountable’ for her actions, but didn’t state what in particular they would like to see happen.
In January of this year, Clarence and Joe Apsassin 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 called 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.
After closing arguments are presented, the case is expected to wrap up on Thursday afternoon. It is not clear if the judge will rule on the case or reserve a decision until a later date.