Ecojustice Case – Nature Case Status: Closed

Standing up for Indigenous rights and the environment

Ecojustice lawyer Kaitlyn MitchellKaitlyn MitchellEcojustice Alumni
Margot VentonLawyer
Randy ChristensenLawyer
Amnesty International CanadaClient
Jumbo Valley Meadow photo by Judith Lavoie via Flickr
Jumbo Valley Meadow photo by Judith Lavoie via Flickr

The Jumbo Valley, located deep in the wilds of British Columbia’s Purcell Mountains, has long been revered for its spiritual significance and beauty. Since the early 1990s, Glacier Resorts Ltd. has insisted on developing a ski resort despite the opposition of local First Nations and community groups.

The resort would significantly and irrevocably impact the local environment which is an area sacred to the Ktunaxa people, known as Qat’muk — home of the Grizzly Bear Spirit. That’s why the Ktunaxa Nation took their fight to protect Qat’muk to the Supreme Court of Canada.

Ecojustice lawyers, representing Amnesty International Canada — interveners in the Ktunaxa Nation’s case — presented evidence detailing international human rights norms as well as case law from other countries and international bodies upholding Indigenous land-based spiritual rights.

In November 2017, the Supreme Court of Canada dismissed the Ktunaxa Nation’s case.

Why did Ecojustice get involved?

Through previous involvement at the Supreme Court level, we know that the perspectives of interveners can contribute to powerful legal precedents that protect people and the planet.

Our efforts, on behalf of Amnesty International Canada, worked to draw the Court’s attention to decisions from domestic and international courts around the world that have recognized the human rights implications of environmental decision-making, specifically with respect to the need for governments to protect Indigenous place-based spiritual traditions.

What does this outcome mean?

The Court’s dismissal of the Ktunaxa Nation’s case does nothing for the company on the ground. When the Environmental Assessment Certificate for the Jumbo Valley ski resort project expired in 2015, the proponent lost its ability to build and will need to obtain a new environmental approval through the BC environmental assessment process.

Ecojustice remains committed to supporting efforts to meaningfully recognize Indigenous rights in this country and advancing the cause of genuine reconciliation, which will benefit all Canadians.

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