Home »
Ktunaxa consider options after Court of Appeal ruling
The Ktunaxa Nation is “deeply disappointed” by an August 6 Court of Appeal British Columbia ruling that upheld the Master Development Agreement between Glacier Resorts Ltd. (GRL) and the Province of B.C. for the development of Jumbo Glacier Resort.
The court dismissed an application by the Ktunaxa Nation Council to overturn an earlier Supreme Court decision that also declared the government did not violate the Ktunaxa Charter right to freedom of religion, and that B.C.’s consultation with the Ktunaxa regarding their constitutionally protected Aboriginal rights was reasonable.
The approval of a ski resort in the area known to the Ktunxa Nation as “Qat’muk” – in the Jumbo Creek Valley, 55 km west of Invermere, is allowing development in a significantly spiritual place and is an affront to the Ktunaxa people, said Kathryn Teneese, Ktunaxa Nation Council Chair today.
“Vitally important Ktunaxa spiritual practices and beliefs are at stake for us if this ski resort is built,” Teneese said. “Those spiritual practices and beliefs are central to the Ktunaxa, our society, identity and sense of well-being. But the Court of Appeal ultimately decided that our spiritual practices and beliefs should not be protected when their protection might impact other people. Despite the court ruling, we continue to believe that our Charter rights are meant to be protected.
“The court ruling also means it was okay for the minister who approved the ski resort to ignore our Charter right to freedom of religion even though we expressly raised it several times with him in writing,” continued Teneese. “The minister didn’t even mention our Charter right in his written decision to approve the ski resort. From our perspective, the court also has allowed the government to make significant errors in consultations with us.”
Teneese said the decision should concern all Canadians who care not only about the constitutionally protected rights of Aboriginal peoples, but about the actual protection of their own freedom of religion as promised in the Charter of Rights and Freedoms.
“We have opposed this project for almost 30 years,” continued Teneese, “and will continue to do so. We are working closely with our legal team to analyze the ruling and other developments to determine what our next steps will be.”
One of those steps could be an appeal to the Supreme Court of Canada.
Qat’muk is where the Grizzly Bear Spirit was born, goes to heal itself, and returns to the spirit world. For Ktunaxa, Grizzly Bear Spirit is a unique and indispensable source of collective as well as individual guidance, strength, and protection, and a necessary part of many Ktunaxa spiritual practices. Qat’muk’s spiritual importance is also deeply connected to its biological significance for living grizzly bears now and in the future, the Ktunaxa Nation press release explained.
e-KNOW
