Retired hockey player Scott Niedermayer, Ktunaxa Nation Council chair Kathryn Teneese and former NDP leader Adrian Dix present a territorial claim to Jumbo Glacier at a news conference at the B.C. legislature, Nov. 15, 2011. (Tom Fletcher/Black Press)

B.C. VIEWS: The limits of Indigenous rights

Jumbo Glacier Resort decision a harsh lesson for John Horgan

The 20-year battle against a year-round ski resort proposal in the Purcell Mountains has finally ended in defeat for the Ktunaxa Nation and its allies, with a 7-2 decision by the Supreme Court of Canada.

Led by Chief Justice Beverley McLachlin, whose term has been notable for advancing Indigenous rights, the court ruled that constitutional protection for religious expression does not extend to the Ktunaxa’s claims about Jumbo Glacier, as the East Kootenay alpine basin is known.

Six years ago, then-NDP leader Adrian Dix invited Ktunaxa tribal council chair Kathryn Teneese and her supporters to the B.C. legislature to unveil their legend about Jumbo Glacier.

They broke their silence in a big way. With national newspaper ads, glossy press materials, custom banners and a lavishly produced video, they unveiled what they called their secret name for the region: Qat’muk.

“It’s where the grizzly bear spirit was born, goes to heal itself, and returns to the spirit world,” Teneese told a news conference hosted by Dix on Nov. 15, 2011.

Retired hockey player Scott Niedermayer came up from his California home to add his vague notion of grizzly bear habits to the message, which was to reject a B.C. environmental permit to build Jumbo Glacier Resort.

This expensive public relations and legal offensive was supported by a U.S.-based environmental group called Yellowstone to Yukon, which wants to extend national park status far into Canada. After the court decision, their spokesperson compared the Jumbo project to the explosive destruction of Buddhist monuments by the Taliban in Afghanistan.

The big reveal in 2011 was actually a made-for-TV re-announcement of Teneese’s visit to the legislature one year previously, to present the Qat’muk declaration to then-aboriginal relations minister Ida Chong.

The Ktunaxa were in treaty talks with Canada and B.C., but Jumbo was not part of their declared territory. The high basin is claimed by the Shuswap Indian Band, which supports Jumbo and signed a benefits agreement with the developers.

Shuswap Chief Paul Sam wrote to the B.C. government in 2010, describing Jumbo Basin as a dead end with no traditional food gathering or travel function. Walking up doesn’t look like an option.

The Purcells are a world famous helicopter skiing destination, and Jumbo Basin is a long-established run. The resort was proposed in 1991, with a gondola, lifts and accommodation for up to 6,000 people on a site once used for a sawmill.

The long effort to kill this project with myth, protest and lawyers reflects current NDP environmental policy. See salmon farms and the Trans Mountain pipeline expansion.

No one has attacked Jumbo more than Nelson-Creston MLA Michelle Mungall, now energy and mines minister. She mocks the resort municipality that has been set up to enable development of Jumbo. That formula has been successful with other resorts, notably Whistler-Blackcomb.

The Jumbo decision is a harsh lesson for Premier John Horgan, who claims to endorse the UN Declaration of the Rights of Indigenous Peoples. It declares that first peoples must grant “free, prior and informed consent” for any development in their territory.

This assertion of veto power is again rejected in the Jumbo ruling, which describes the Crown’s duty to consult with Indigenous people this way: “The process is one of ‘give and take,’ and outcomes are not guaranteed.”

The McLachlin court has refused to hear a similar territorial claim over the Site C dam on the Peace River, brought by the West Moberly and Prophet River First Nations. Lower courts have concluded that it is their chiefs who wouldn’t negotiate in good faith.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press. Email: tfletcher@blackpress.ca


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Verdun Mountain and Nadina Lake fires 100 per cent contained

Area restriction orders in effect for several fires

Vigil for Jessica Patrick

VIDEOS: Hundreds honour a young mother who lost her life. Jessica Patrick was 18.

No competition for Houston’s mayoral candidate

Eleven candidates running for the district’s six councillor spots

Municipal spending outpaces population growth 4-fold in B.C.: report

Canadian Federation of Independent Business has released its annual operational spending report

Evacuation alert, order rescinded for Tweedsmuir Complex fires

Some sections of the fires are receiving snow

B.C. tent city ‘devastated’ after flash flood

Maple Ridge mayor says that residents shouldn’t have to return to their flooded tents

Work begins to remove cargo from grounded Haida Gwaii barge and fishing lodge

Westcoast Resorts’ Hippa Lodge broke from its moorings and ran aground early this month

Tilray to export cannabis formulation to U.S. for clinical trial

Marijuana remains illegal in most of the U.S.

Court of appeal grants injunction on Taseko’s exploratory drilling in B.C. Interior

The decision provides temporary protection and relief, said Chief Joe Alphonse

Volunteer crew ready to build ramps for B.C. amputee

Jean Moulton will soon have an easier time getting in and out of her home.

VIDEO: B.C. tour offers unique underground glimpse of generating station

About 1,250 people expected at sold-out tour on Sunday

Allegations against Kavanaugh pose test for #MeToo movement

Aside from the Ford-Kavanaugh showdown, this has been a tumultuous season for the #MeToo movement

Around the BCHL: Merritt forward Mathieu Gosselin is BCHL Player of the Week

Around the BCHL is a (near) daily look at what’s going on around the league and the junior A world.

Parents of B.C. toddler who died in unlicensed daycare sue over negligence

‘Baby Mac’ was only 16 months old when he died in a Vancouver daycare

Most Read