Ktunaxa set to appeal Jumbo judicial review

Ktunaxa Nation will be appealing a judicial review of the Jumbo Glacier Resort that went in favour of the BC government in April.

  • May. 27, 2015 3:00 p.m.
Kathryn Teneese

Kathryn Teneese

Trevor Crawley

The Ktunaxa Nation will be appealing a judicial review of the Jumbo Glacier Resort that went in favour of the provincial government in April.

On Friday, lawyers will present arguments to in the B.C. Court of Appeal in Vancouver, as the Ktunaxa Nation seeks to overturn a judicial review that determined the B.C. government acted appropriately when it approved a Master Development Plan for Jumbo in 2012.

The review was launched in January 2014  and the ruling came down in favour of the province three months later.

The Ktunaxa Nation Council disagrees with the decision that concluded that building a large ski resort in a sacred area known as Qat’muk would not interfere with Ktunaxa spiritual beliefs and practices.

The Ktunaxa Nation Council says otherwise, according to chair Kathryn Teneese.

“The basis of it is we do not feel that the court and the province correctly assessed the impact of the development on Ktunaxa spirituality,” said Teneese.

“…I’ll give the benefit of the doubt—probably because they didn’t understand what we were bringing forward that it was not given, in our opinion, full consideration in the decision—first of all to move forward in the development, secondly in our application for judicial review.

“Now, we’re hoping that the court now will agree with us and we can proceed with a judicial review of the decision.”

The Ktunaxa have lived in the region for centuries and have a deep spiritual connection to the animal world and, in particular, to the grizzly bear.

Qat’muk, the Ktunaxa descriptor for the Jumbo massif, is considered a special place where the Grizzly Bear Spirit was born, goes to heal itself, and returns to the spirit world.

According to Ktunaxa beliefs, the Grizzly Bear Spirit is an important source of guidance, strength, protection and spirituality.

Representatives of the Ktunaxa Nation will be holding a media event on Friday before going into the hearing along with lawyers from the provincial government and the proponent.

“Basically, it’s just our intent of reminding folks that we’re still involved and the issue hasn’t fallen off our radar and we want to hopefully find resolution and the only way that we have accessible to us at this present time is through the courts,” said Teneese.

“We are going to be bringing forward some arguments that we feel are compelling, but it’s up to the court to make that decision.”

It will likely be a couple months for a decision to come back on the appeal.

Alongside the court appeal process, the Ministry of Environment has to make a decision on the substantially started designation of the project and whether the Environment Assessment Certificate of the proponent is still valid.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Interior Health update. File photo.
86 new COVID-19 cases, two more deaths in Interior Health

The new deaths are from Heritage Square, a long-term care facility in Vernon

Wolf photo by Brian Hay
2020 hunting season review and wildlife update: Part III

This is Part III of a three-part series by F.J. Hurtak, looking at the issues of the 2020 hunting and wildlife management season

It happened this week in 1914

Jan. 10 - 16: Compiled by Dave Humphrey from the newspapers at the Cranbrook History Centre and Archives

Piling in place along Innis Avenue in Cranbrook, part of the new Broadstreet Properties development. David Humphrey photo
Innis Avenue to close to all traffic starting January 18

Avenue facing new development will be closed from Monday, Jan. 18 to Thursday, Jan. 21, for sewer connection

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Most Read