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

Lou’s Grill close to reopening after devastating 2016 fire

Popular restaurant was gutted in an accidental fire

B.C. BUDGET: Fare freeze, free travel for seniors on BC Ferries

A complete fare freeze will be put into place on major routes, and fares will be rolled back on smaller routes by 15 per cent

Claim dismissed against RCMP over 2008 Mission woman’s murder

Mother of Lisa Dudley, shot in her home along with her partner, had alleged negligence

BC BUDGET: NDP cracks down on speculators, hidden ownership

Foreign buyers’ tax extended to Fraser Valley, Okanagan, Vancouver Island

BC BUDGET: New spaces a step to universal child care

Fees reduced for licensed daycare operators

VIDEO: Top 10 B.C. budget highlights

The NDP is focusing on childcare, affordable housing and speeding up the elimination of MSP premiums

BC BUDGET: Tobacco tax hike may spark black market

NDP government adds another 56 cents per pack as of April 1

4 treatment centres to open in memory of B.C. teen who died of an overdose

A treatment centre for addictions is opening in Penticton after the first one fell through

BCHL Today: Merritt peaking at right time and Taylor signs with UNH Wildcats

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

Violent sex offender found not guilty of breach for smoking marijuana

Once designated a dangerous offender, Kevin Miller reportedly back at Chilliwack halfway house

Video: B.C. firefighters featured in quirky video

Oliver Fire Department posts video about their B.C. volunteer firefighter spring training seminar

OLYMPIC ROUNDUP: Two more medals push Canada into third place

A gold in ski cross and a bronze in bobsleigh as men’s hockey advances to the semis

5 to start your day

NDP rolls out first budget, piano teacher accused of sex assault involving former students and more

Most Read