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Ktunaxa judicial review over Jumbo approval begins in BC Supreme Court

Colin Payne
By Colin Payne
January 7th, 2014

A new chapter in the struggle over the Jumbo Glacier Resort development began to unfold Monday as the Ktunaxa Nation went to court in Vancouver in protest of the development.

The Ktunaxa Nation filed a judicial review of the provincial government’s approval of the controversial resort with BC Supreme Court on Nov. 30, 2012, in an effort to prevent the development that they say will destroy their connection to a place that’s sacred to their people.

The area proposed for Jumbo is at the heart of an area the Ktunaxa call Qat’muk (Got-Mook), where their powerful Grizzly Bear Spirit was born, goes to heal itself and returns to the spirit world

The review got underway today in BC Supreme Court in Vancouver with a volley from Ktunaxa lawyer Peter Grant who told the hearing that the planned resort would occupy land considered sacred by the Ktunaxa.

According to a Canadian Press article published in The Huffington Post Alberta, in this opening statement, Grand also told the court that the Ktunaxa’s cultural identity had already been suppressed by residential schools and the court must not allow anything else to happen that could further damage the band’s religious traditions.

He added that the government was aware of this spiritual significance but it was hardly mentioned when the $450-million resort was approved in March of 2012.

“The Ktunaxa have been opposed to this development for 20 years,” says Ktunaxa Nation Chair, Kathryn Teneese.

“We have tried to explain to provincial ministers and other government representatives that Qat’muk is of profound spiritual and cultural importance to our nation and that the resort will desecrate the area and undermine beliefs and practices at the core of Ktunaxa culture and identity.”

Teneese notes that the Ktunaxa are not alone in their fight to protect Jumbo from the hotly contested development, adding that there is plenty of local, provincial and national support behind the cause to keep the area free from development.

She adds that choosing to go ahead with the development could cause bad feelings between the Ktunaxa and the province.

“If Jumbo Glacier Resort proceeds, it may cause lasting damage between the Ktunaxa and the province,” Teneese said. 

The review is expected to take a total of 10 days and see presentations from Ktunaxa elders, leaders and citizens who are traveling to Vancouver to attend the review, as well as from representatives of the resort.

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