Jumbo challenge by Ktunaxa dismissed by Supreme Court
By Colin Payne
The proponents of Jumbo Glacier Resort scored a victory yesterday when the B.C. Supreme Court announced it would dismiss a challenge by the Ktunaxa Nation launched in late 2013 against the resort’s master development agreement.
The Ktunaxa’s judicial review focused on the controversial development’s location, high in the Purcell Mountains between Invermere and Duncan, saying it would destroy their connection to a place sacred to them – known as Qat’muk (Got-mook).
They argued that they weren’t properly consulted before the resort’s developers got their master development agreement (MDA) approved by the provincial government.
But Mr.Justice Savage disagreed with the Ktunaxa’s case as presented, stating that the level of consultation by the provincial government passes the “reasonableness standard.
“The approval of the MDA does not infringe on section 2(a) of the Charter,” Justice Savage stated in the Reasons for Judgement. “In any event, the decision to approve the MDA with the various conditions and accommodations represents a reasonable balancing of Charter values and statutory objectives.”
According to a press release issued, members of the Ktunaxa Nation were “deeply saddened” by the decision to dismiss their challenge.
“It is difficult to describe how disappointed and frustrated we are with the Supreme Court of British Columbia’s decision,” said Ktunaxa Nation Chair, Kathryn Teneese. “We knew from the start that the Canadian courts would find it difficult to understand our distinct cultural and spiritual beliefs and values, particularly our relationship with Qat’muk.
“The Court’s dismissal of our challenge while conceding that this proposed development will have a significant impact on our Ktunaxa spiritual practices speaks volumes to the challenges First Nations face when trying to assert their rights. Ktunaxa people existed and exercised our spiritual rights in our territory long before the establishment of the Canadian legal system.”
But she added that the Ktunaxa’s fight for Qat’muk is far from over.
“Despite this setback, we will continue to explore every avenue to stop development in the heart in Qat’muk. We will be engaging with our citizens, leadership and legal team to explore our next steps,” noted Teneese.
“We will also continue our development of a Qat’muk management plan that is consistent with our role as stewards of the land. Our resolve is stronger than ever and we will continue to stand our ground.”
A victory for proponents
For Jumbo proponent Glacier Resorts Limited, which has been fighting for more that 20 years to build the resort, the decision was great news.
“The Supreme Court’s decision is welcome,” Grant Costello, Senior Vice-President of Glacier Resorts Limited stated in a press release.
“This project has undergone 23 years of comprehensive public consultations – more than all the other new B.C. ski resort proposals combined. To quash over two decades of work on a project that has been declared to be in the public interest would further the injustice done to project proponents and supporters.”
According to the release, Glacier resorts has cooperation in its development from the Shuswap Nation, and their hope is that this will help “pave the way to a cooperative future with the Ktunaxa Nation as well.”
It should be noted that the Shuswap Nation’s territory is centered around the Thompson/Cariboo and Revelstoke areas – and does not include the location of the Jumbo Glacier Resort development.
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