Developer seeks to overturn Jumbo resort decision

Glacier Resort Ltd seeks to quash ‘not substantially started’ ruling from former cabinet minister

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 ‘substantially started’, which led to the expiration of an Environmental Assessment Certificate — 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 hadn’t been completed, however, the proponents — Glacier Resorts Ltd —say it was due to factors beyond their control.

In their petition to the court, Glacier Resorts Ltd says a Master Development Plan wasn’t approved until 2012 — five years after the initial term of the EAC and three years into an extension period. The proponent also complained that the province didn’t create a municipality — which regulates land use planning through zoning — until that same year.

Construction was also limited due to short windows within the summer which was hampered by the proposed resort’s 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, there’s 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.

READ: Supreme Court of Canada dismisses Ktunaxa Jumbo resort appeal

Additionally, the Ktunaxa argued that the the location of the proposed ski resort sits in a spiritually sensitive area known as Qat’muk that is home to the Grizzly Bear Spirit, which serves as a source of guidance and strength.

Canada’s 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 Resorts’ assessment.

“While 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 ‘substantially started’ is to be assessed with reference to the construction of the physical works,” reads the response filed by lawyers representing the Ministry of Environment. “In this case, very little physical progress has been made towards the project.”

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 Society’s intervener positions in the case.

“If built, the Jumbo Glacier Resort would fragment a critical section of one of North America’s most important wildlife corridors,” says Robyn Duncan, the executive director for Wildsight. “Grizzlies depend on this connected habitat to maintain healthy populations regionally and even continentally.”

Just Posted

South Cariboo bags three medals in figure skating competition in Revelstoke

Two girls brought home gold, while the third brought home silver

100 Mile House remembers

Residents of 100 Mile House honour the country’s veterans

B.C. Legions in need of young members to continue aiding veterans into the future

Lest we forget what thousands of men and women did to fight for Canada’s freedoms – but without new membership, many Legion chapters face dwindling numbers

North Coast figure skater to star in Dancing On Ice

Carlotta Edwards learned to skate in Prince Rupert, before becoming a star with millions of viewers

People flocking to Vancouver Island community to see hundreds of sea lions

Each year the combination of Steller and California sea lions take over Cowichan Bay

Many child killers have been placed in Indigenous healing lodges, stats show

As of mid-September, there were 11 offenders in healing lodges who had been convicted of first- or second-degree murder of a minor

Sex-misconduct survey excludes vulnerable military members: Survivors’ group

But It’s Just 700 says recent research has shown young military members and those on training are among those most at risk for sexual violence

Expect no quick end to Canada-wide cannabis shortages, producers warn

Provinces including British Columbia, Alberta have all reported varying degrees of shortages

Want to buy your first home? Move to Kamloops or Prince George

Kamloops, Prince George, Campbell River and Langford are the only other markets in the study without gaps between required and actual income in owning a home.

Seniors in care homes may not get referendum ballots in the mail: Seniors Advocate

Voters list was established in May 2017, so if they moved into a care home since then….

Feds give $2 million for anti-extremism programs in B.C.

Public Safety Minister Mike Farnworth said supporting efforts locally is key to prevention

Should the legal age for cannabis be increased to 21?

B.C. residents have a more mellow attitude to the age limit for pot – but 23 per cent want the legal age increased

Expect ride hailing in B.C. by 2020, Premier Horgan says

Taxi-style insurance option needed for part-time drivers

Most Read