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Ktunaxa to file for judicial review of Jumbo proposal
If you thought the Jumbo Glacier Resort issue was moot following last winter’s provincial government approval, think again.
The Ktunaxa Nation announced Nov. 15 that Friday, November 30 will be the filing date of an application for judicial review of the approval of Jumbo Glacier Resort.
The Ktunaxa Nation (KN) will submit their filing with the B.C. Supreme Court in Vancouver, where a contingent of Ktunaxa leadership will also make a public statement. In conjunction with the filing, a rally will take place in Cranbrook, where it is intended the court proceedings will ultimately be held, the KN stated in a press release.
Once a court date is set, a judge will hear arguments from the Ktunaxa on how the approval of the resort represents a desecration of a principal Ktunaxa sacred site, the likely undoing of Ktunaxa traditional spiritual and religious practices, and consequently a significant and unjustifiable violation of Ktunaxa constitutional rights.
In March, the B.C. Government approved the controversial resort in the heart of an area the Ktunaxa call Qat’muk (GOT MOOK). Located about an hour west of Invermere (55 km via Toby Creek and Jumbo Creek Forest Service Roads), the Qat’muk area is home to the Grizzly Bear Spirit, and is vital to Ktunaxa culture and spirituality and the region’s environment.
“The Ktunaxa have clearly and consistently indicated that if this resort is built, it will critically damage our religious rights and freedoms, which are provided to us by the Canadian Constitution,” said Kathryn Teneese, Ktunaxa Nation chair.
For Ktunaxa, Qat’muk is where the Grizzly Bear Spirit was born, goes to heal itself, and returns to the spirit world. For the Ktunaxa, relying on the continuation of traditional spiritual and religious practices, Grizzly Bear Spirit is a unique and indispensable source of collective as well as individual guidance, strength, and protection. Qat’muk’s importance for Grizzly Bear Spirit is inextricably interlinked with its importance for living grizzly bears now and in the future.
“Ktunaxa have been on record as being opposed to this resort since it was first proposed,” continued Teneese. “Our opposition is based principally on the spiritual importance of the Qat’muk area for Ktunaxa people, as well as the concerns for the protection of wildlife populations, biodiversity and water quality.”
Despite considerable and repeated efforts made by the Ktunaxa to convey the cultural, spiritual and religious significance of Qat’muk, the B.C. Government approved the resort on March 20. Efforts by Ktunaxa included the release of the Qat’muk Declaration and Stewardship Principles and the release of the Shaffer Economic Report, which concluded that there was no net economic benefit to the region or the Province of B.C.
In his report, Dr. Marvin Shaffer concluded: “There is no basis to conclude there would be net benefit for the Province of British Columbia if this resort is approved. The market growth forecasts underlying the proponent’s feasibility studies are out-dated; they do not reflect current market conditions or outlooks. The employment impact estimates are overly optimistic and do not recognize the extent to which tourism at Jumbo Glacier would divert visitors from other resorts. Nor do they consider where the workers would come from and what benefit that would offer British Columbians. Many of the new jobs would be filled by in-migrants as the ski industry already has to recruit international workers from abroad. There would be costs for government providing the services the in-migrants and the project itself would require. Overall there is simply no evidence of net benefits – certainly no evidence there would be net benefits that would justify the adverse impacts the project would have.”
Dr. Shaffer holds a Ph.D. in Economics from the University of British Columbia. In addition to extensive consulting experience, he has held senior positions with the Government of British Columbia and is currently an Adjunct Professor at Simon Fraser. His report is available on-line at www.beforejumbo.com .
“The resort was approved despite the strong evidence of the critical impact it would have upon our spirituality and culture,” said Teneese. “We now have no other choice but to challenge the B.C. Government’s decision making process. We feel that this decision will not stand in a court of law, and will be found to show that the B.C. Government did not make the correct decision in approving the resort in the heart of Qat’muk.”
“We feel it is important to protect our culture at any cost,” said Teneese. “However, this legal challenge is an expensive proposition to the Ktunaxa, and we are currently bearing this cost alone. As a result, we are inviting the public to contribute to our legal costs through our web site www.beforejumbo.com.
“There is also a second fund for visitors which will support the cultural activities and education related to Qat’muk. Donations to this fund qualify as charitable donations. We cannot issue tax receipts for the legal fund, but we can for all donations over $20 to the cultural activities fund. All contributions are greatly appreciated,” she related.
The Jumbo Glacier Resort issue has been on the books since 1990/91, when Pheidias Project Management owner Oberto Oberti first presented plans for a four-season ski resort that would access glaciers at the back end of the Jumbo Creek Valley, 55 km west of Invermere.
After more than two decades of acrimonious processes, with a massive opposition movement springing up on both sides of the Purcell Mountains (Jumbo Valley is located in the centre of the Purcells), the B.C. Government finally gave Glacier Resort Ltd. the green light to proceed last winter.
Kootenay East MLA Bill Bennett then made it clear that it was now up to the project proponents to carry out their plans to build the estimated $1 billion project, which would feature 5,500 beds in a European alpine village style environment. To this point no movement toward anything tangible in terms of construction has occurred from the proponents.
Columbia River-Revelstoke MLA Norm Macdonald told e-KNOW that the KN reflect the overall mood of residents in the area.
“NDP Leader Adrian Dix has been clear that Jumbo Glacier Resort must not proceed. And Adrian and I have stood with members of the Ktunaxa Nation in support of the Qat’muk Declaration. The majority of residents in this area oppose the resort development and the BC Liberal government needs to respect that opposition,” he stated.
For more information on Qat’muk, or to donate money either to the legal action fund, or to the charitable activities fund, please visit: www.beforejumbo.com .
Ktunaxa people have occupied the lands adjacent to the Kootenay and Columbia Rivers and the Arrow Lakes of British Columbia, Canada for more than 10,000 years. For more information on the Ktunaxa visit: www.ktunaxa.org .
Ian Cobb/e-KNOW
