The chief and council of a B.C. First Nation who have been ruling without a proper electoral mandate or authority for over three months have been prohibited from holding office until general elections are held next month, a federal judge has ruled.
The case centres on an estimated 38 members of the Dease River First Nation, who live on a reserve in northern B.C. near Good Hope Lake. Another 150 members live off-reserve, scattered throughout North America in places like Prince George, Terrace, and in the Yukon communities of Watson Lake and Whitehorse.
“We’ve had elections postponed for a few years. And there’s no reason for it,” said Ruby Johnny, a former chief and plaintiff in the case. “That’s why I went to court, to basically to allow us to have our voices back.”
The decision, handed down by Justice Julie Blackhawk in a Vancouver courtroom last week, dates back to two resolutions made by the Dease River First Nation in 2022 and 2023 to extend the terms of elected officials.
At the time, chief and council sought to stay on in their positions to finish the “important and necessary” work they had started to run an accountable and efficient government, the decision says.
The nation's leadership did not return calls seeking comment.
'Ignored' by leadership
In the summer of 2022, a petition signed by nation elders began circulating in the community demanding an election.
A special meeting set to speak directly with the community was cancelled after an “unprecedented wildfire season” led to evacuations of much of northern British Columbia.
Johnny, who brought the Supreme Court of Canada case against the chief and council, said nobody outside the community would listen to her until a lawyer finally agreed to take her case.
“There has to be away that people have a place to go when they are ignored by leadership,” said Johnny.
“If the government of Canada turned around and said Trudeau should be allowed to stay in another two years… how would that make you feel?”
Opposition to original term extension quashed
A former chief herself, Johnny sought a federal decision to quash the term extensions. But the judge dismissed that request, noting the applicant had taken too long to file a petition to the court.
The nation’s chief and council had “undertook an important and gargantuan task to restructure, reorganize and develop new governance systems for their community,” Blackhawk said.
“This Court understands that this work is particularly challenging for First Nation communities with a small population where it can be difficult to retain persons with the necessary skill set and there are scarce resources available for such work,” wrote the judge.
“The work of the Chief and Council was further complicated by the COVID-19 pandemic and accompanying restrictions, and an unprecedented wildfire season in 2023; both factors made it difficult to conduct in-person meetings and consult with [Dease River First Nation] members about this work.”
A busy chief and council seek electoral changes
The nation appears to have also been busy creating economic partnerships. In June, it signed an agreement with Carbonethic Holdings Inc. in what they described as the “largest boreal forest management project” in B.C.
Using artificial intelligence, machine learning and remote sensing, the project looks to improve forest management on 1.1 million hectares of land in the Cassiar Forest District.
The idea is to create carbon credits, with the First Nation receiving 51 per cent of the net proceeds, according to the company.
Chief and council also looked to change how elections occurred. Some of the proposed changes included changing the voting age and residency requirements, reducing the number of councillors, and extending the term of office from two to four years, according to the court ruling.
Johnny said those changes were eroding the small community’s access to a democratic process.
She warned other small First Nations across the province to seek as many avenues as possible if they feel they are being ignored by their leadership.
Johnny said speaking up has come at a cost — people have threatened to remove her from the community and take her house. But as someone who survived residential school and later learned to speak up for herself, Johnny said she can’t go back to being quiet.
“I found my voice and I don’t plan on losing it for anyone,” said the elder.
Judge re-instates general election
Blackhawk found the chief and council breached the members’ rights to procedural fairness, something that “cannot be justified.”
She found the leadership’s mandate expired on July 6, 2024, and since then, they have been operating without authority.
“The members of [Dease River First Nation] must be provided with an opportunity to vote on the changes to the election processes to ensure that the proposed changes represent the collective’s desires and respect the member’s right of procedural fairness,” wrote the judge.
Elections planned for Nov. 7, 2024, had been vacated by another federal judge in September. Blackhawk’s ruling removed the chief and council from holding office and reinstated the general election next month.
Gregg Rafter, a lawyer for chief and council, said he sought clarification from the judge on whether the prohibition would apply immediately.
An order sent to lawyers for the applicant and defence indicated the First Nation’s government was “suspended from continuing to hold office” and exercising any powers of those offices pending the election. An exception was carved out for caretaker duties and avoid a governance vacuum in the lead up to the election.
“This case was unusual,” said Orlagh O’Kelly, the lawyer who represented Ruby. “I’ve never seen such an egregious extension, doubling their term basically.”
