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Province says Ktunaxa stance stalled Jumbo decision

Nelson Daily Editor
By Nelson Daily Editor
December 2nd, 2010

By Timothy Schafer, The Nelson Daily

The Ktunaxa First Nation council has thrown a wrench into the Jumbo Glacier Resort proposal approval process, says the assistant deputy minister of Natural Resource Operations overseeing the situation.

Peter Walters said a decision on the proposal is officially stalled and won’t be delivered until early in 2011, at least two months after a decision was expected in mid November.

He said negotiations and meetings are ongoing with the council of the Ktunaxa, as well as the Shushwap Indian Band, over their interests in the region where a resort municipality — including over 5,000 hotel beds and 1,300 residences — has been proposed.

The Province has been engaged with the Ktunaxa over Jumbo since 2006, but two weeks ago the First Nation sent a 50-member delegation to deliver the Qat’muk Declaration and Stewardship Principles to the Provincial Legislature in Victoria.

In the declaration the Ktunaxa Nation spells out their spiritual connection to the Jumbo Glacier Valley and establishes a refuge area and a buffer area.

“The declaration was completely consistent with what they told us in 2009 regarding their spiritual interests in the Jumbo Valley,” said Walters.

“I think it was a very good summary of how they feel, and I believe it was very important for them to express it in the legislative buildings so they could have the political ear most directly.”

As a result of the declaration, the Province will now have to choose whether or not to challenge the Ktunaxa rights and title, possibly entering into a court battle. Walters would not comment on the possibility of court.

In addition to resolving the aboriginal question, the ministry is awaiting the completion of the Ministry of Environment’s review of Dr. Michael Procter’s update on the grizzly bear population in the Jumbo area — to be completed in the next couple of weeks.

The ultimate decision lies with the Natural Resource ministry but there is no specific date for when that will happen at this point, said Walters. He felt it would be elevated to a ministerial level decision with the recent move by the Ktunaxa in Victoria.

“The Province recognizes its obligations to the First Nations,” said Walters.

Archie Riddell of the Environmental Assessment Office said their part of the decision making process is over as the certificate for the project has been issued.

editor@thenelsondaily.com

 

Background

The $450-million year round ski resort is planned for the high peaks and glaciers of the Jumbo Pass between Argenta and Invermere on 104 hectares at the foot of Jumbo Mountain and Jumbo Glacier in the Purcell Mountains.

It would include accommodation for 5,000 visitors and 750 beds for staff.

Numerous environmental groups have contended for nearly 20 years that the valley is important habitat for endangered grizzly bears, and is located within the largest “un-roaded” area in southern BC. 

In August of 2009 the decision making power for the Jumbo Glacier Resort passed from the Regional District of East Kootenay to the province, then the Ministry of Tourism, Trade and Investment.

The RDEK board of director’s vote went eight to seven in favour of asking the provincial government to designate the Jumbo Glacier a resort municipality.

 

The Ktunaxa have declared:

• That, to fully protect the most sacred core of the Qat’muk area, a refuge area consisting of the upper part of the Jumbo valley is hereby established;

• That a buffer area consisting of the remainder of the Jumbo watershed is hereby established so that the Grizzly Bear Spirit, as well as grizzly bears, can thrive within and around Qat’muk;

• That the Ktunaxa Nation will share Qat’muk with non-Ktunaxa when such use is respectful of Ktunaxa spiritual values and consistent with our Qat’muk Stewardship Principles; and

• That the Ktunaxa Nation Council will prepare a management plan for the refuge and buffer areas based on the Qat’muk Stewardship Principles and in consultation with other governments and stakeholders.

The Ktunaxa Nation said they will continue to share the designated refuge area and buffer area with non-Ktunaxa when such use is respectful of Ktunaxa spiritual values and consistent with their Qat’muk Stewardship Principles.

The refuge and buffer areas will not be shared with those who engage in activities that harm or appropriate the spiritual nature of the area. These activities include, but are not limited to:

• the construction of buildings or structures with permanent foundations;

• permanent occupation of residences.

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