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ARTICLE · 04 DECEMBER 2025

Federal Court Clarifies Leadership Duties Under First Nation Custom By-laws

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On November 17, 2025, the Federal Court released its decision in Apsassin v. Councillor Yahey, 2025 FC 1830. The case is an important reminder that First Nation governments must follow the rules set out in their own governance documents. When they do not, courts can intervene.

CanadaGovernment, Public Sector
Saul Joseph
Saul Joseph
Lynsey Gaudin
Lynsey Gaudin
Melanee Bryniawsky
Melanee Bryniawsky
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On November 17, 2025, the Federal Court released its decision in Apsassin v. Councillor Yahey, 2025 FC 1830. The case is an important reminder that First Nation governments must follow the rules set out in their own governance documents. When they do not, courts can intervene.

Blueberry River First Nations (BRFN) is governed by a Custom Election By-Law, approved under the Indian Act and treated as the Nation's constitutional document. Among other things, this By-Law sets out how Council must hold meetings, consult with family groups and communicate with members. It also outlines when and how Council may hold private (in camera) sessions.

Two BRFN Elders asked the Federal Court to review a pattern of non-compliance by four councillors. They claimed that the councillors:

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