Clarence (on behalf of the Blueberry River First Nations Edward Apsassin Fam
Clarence Apsassin and Joseph Apsassin on Behalf of the Blueberry River First Nations Edward Apsassin Family and Elders Group
Wayne Yahey (Councillor), Shelley Gauthier (Councillor), Troy Wolf (Councillor), Sherry Dominic (Councillor), Linda Chipesia (Councillor) as Council Representatives of Blueberry River First Nations
Law Firm / Organization
Mitha Law Group
Lawyer(s)

Nazeer T. Mitha

Chief Judy Desjarlais as Chief Representative of Blueberry River First Nations
Law Firm / Organization
Olthuis Van Ert

- Parties: The applicants were Clarence Apsassin and Joseph Apsassin on Behalf of the Blueberry River First Nations Edward Apsassin Family and Elders Group. The respondents were Wayne Yahey (Councillor), Shelley Gauthier (Councillor), Troy Wolf (Councillor), Sherry Dominic (Councillor), Linda Chipesia (Councillor) as Council Representatives of Blueberry River First Nations and Chief Judy Desjarlais as Chief Representative of Blueberry River First Nations.

- Subject Matter: This judicial review application challenged ongoing efforts by a bloc of councillors of Blueberry River First Nations to make decisions and to govern the Nation in a manner allegedly inconsistent with the Nation's laws and customs. The challenged ongoing actions, which included a band council resolution purporting to authorize an investigation of the Nation's Chief on allegedly politically-motivated grounds, allegedly proceeded without the membership's consultation as explicitly required by the Nation’s laws and customs, lacked authorization by duly-constituted council meetings, lacked the Chief's involvement and knowledge in some cases, and gave rise to a conflict of interest in some cases. This case is ongoing.

- Date: The hearing was set on May 23, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: No financial award was specified.

Federal Court
T-857-24
Aboriginal law
11 April 2024