The ongoing saga of attempts to build a year-round resort at a glacier in southern B.C. is back in the courts as the developer is seeking to quash a decision from the provincial government that ground the project to a halt.
In 2015, the provincial government determined that the Jumbo Glacier Mountain Resort was not B次元官网网址榮ubstantially startedB次元官网网址�, which led to the expiration of an Environmental Assessment Certificate B次元官网网址� a specialized permit that the proponent needs in order to resume the development.
The EAC expired after then-Environment Minister Mary Polak determined enough work hadnB次元官网网址檛 been completed, however, the proponents B次元官网网址� Glacier Resorts Ltd B次元官网网址攕ay it was due to factors beyond their control.
In their petition to the court, Glacier Resorts Ltd says a Master Development Plan wasnB次元官网网址檛 approved until 2012 B次元官网网址� five years after the initial term of the EAC and three years into an extension period. The proponent also complained that the province didnB次元官网网址檛 create a municipality B次元官网网址� which regulates land use planning through zoning B次元官网网址� until that same year.
Construction was also limited due to short windows within the summer which was hampered by the proposed resortB次元官网网址檚 remote location, according to the court filing.
The project proposes a 5,500 bed units over a 110 hectare resort base area with ski lift access to four glaicers 53 kilometres west of Invermere.
The matter is being heard out of Vancouver Supreme Court in front of Justice Carla Forth over the next three days.
Ktunaxa opposition
There are two parallel issues when it comes to the proposed Jumbo Glacier Resort.
In addition to the substantially started designation, thereB次元官网网址檚 also opposition from local Indigenous and environmental groups.
The Ktunaxa Nation Council took the issue to the Supreme Court of Canada, arguing that the province did not adequately provide appropriate consultation before approving the Master Development Plan.
Additionally, the Ktunaxa argued that the the location of the proposed ski resort sits in a spiritually sensitive area known as QatB次元官网网址檓uk that is home to the Grizzly Bear Spirit, which serves as a source of guidance and strength.
CanadaB次元官网网址檚 highest court unanimously agreed that the province had adequately consulted with the Ktunaxa during the Master Development Plan process, however, two justices dissented on the religious freedom aspect after determining religious freedom would be violated with the construction of a resort.
Glacier Resorts look to quash substantially started decision
At the time the substantially started decision was made, completed work included the pouring of concrete slabs for a day lodge and service building at the base of the resort.
In the petition to quash the decision, the proponents argued that the provincial government imposed a standard that was impossible to obtain, given regulatory constraints.
The filing also accused Minister Polak of bias, given her friendship with Kathryn Teneese, the chair of the Ktunaxa Nation Council.
A response filed by the provincial government disagreed with Glacier ResortsB次元官网网址� assessment.
B次元官网网址淲hile it is evident that Glacier has faced a number of significant challenges, especially in terms of plans and permitting, the jurisprudence of this Court is clear that B次元官网网址榮ubstantially startedB次元官网网址� is to be assessed with reference to the construction of the physical works,B次元官网网址� reads the response filed by lawyers representing the Ministry of Environment. B次元官网网址淚n this case, very little physical progress has been made towards the project.B次元官网网址�
The proposed resort has also generated opposition from local environmental groups, such as Wildsight, who applied as interveners to the case earlier this month.
The construction of a resort would cause widespread harm to the environment and local communities, according to a press release issued by Wildsight.
Ecojustice is representing Wildsight and the Jumbo Creek Conservation SocietyB次元官网网址檚 intervener positions in the case.
B次元官网网址淚f built, the Jumbo Glacier Resort would fragment a critical section of one of North AmericaB次元官网网址檚 most important wildlife corridors,B次元官网网址� says Robyn Duncan, the executive director for Wildsight. B次元官网网址淕rizzlies depend on this connected habitat to maintain healthy populations regionally and even continentally.B次元官网网址�
