First Nation in B.C. ousts chief over development dispute

A First Nation in northeastern B.C. has removed its chief, alleging she approved industrial development near an important cultural site without telling the rest of the elected council.

Four of the five band councillors for the Blueberry River First Nations voted to remove Judy Desjarlais as chief in a  Sept. 17 meeting. The fifth councillor abstained.

But Desjarlais says she did nothing wrong, and is planning to challenge her removal in court.

The decision to oust Desjarlais stemmed from an independent investigation commissioned by council that found she had allegedly granted the oil and gas company Petronas five permit approvals on its traditional lands, north of Fort St. John in B.C.'s energy rich Peace Region, without consulting the rest of council.

"We have to uphold the integrity of our nation and reaffirm that our bylaws apply to all members and this process is a demonstration of our commitment to fairness, accountability and upholding the principles of our governance," said Coun. Sherry Dominic.

Desjarlais' alleged misconduct is related to a 2023 implementation agreement that followed a 2021 Supreme Court decision that gave Blueberry River First Nations a greater role in the decision-making processes surrounding industrial development on traditional lands.

To ensure clarity on how permit approvals would be granted, council, including Desjarlais, voted unanimously in favour of a band council resolution that specified permit approvals could only be granted by a majority decision of council.

The court decision and implementation agreement were intended to help the nation restore and protect its land, in particular the high-value areas critical to its culture.

The investigation into Desjarlais, which was launched in December 2023, said "the chief's misconduct is closely tied to the legacy of the court decision."

The five permits that Desjarlais allegedly approved without council's knowledge are located near Blueberry River First Nations' traditional Dancing Grounds, which were a focal point of the 2021 Supreme Court decision. 

The court found that the Dancing Grounds are of great cultural importance to the nation and that access to it has been impeded by industrial activity in the area.

"These permits were close by there and we've always been saying no, we don't want anything close by there," said Dominic. "That was the big thing." 

She said the five permits were for pipeline work in the area, and that Petronas has already completed the projects. 

The B.C. Energy Regulator, which approves energy projects, would not comment on the permitting process as the provincial election has placed the government in caretaker mode and provincial government communications are limited during the election period.