The Ktunaxa Nation will try to challenge Jumbo Glacier Resort in the Supreme Court of Canada.
They’re seeking leave to appeal an Aug. 6 BC Court of Appeal decision that found BC’s approval of a master development agreement for the resort did not violate the Ktunaxa’s Charter right to freedom of religion.
“Our appeal addresses whether our freedom of religion right is the same as other Canadians or whether we are still second class citizens whose rights do not even need to be considered,” said Kathryn Teneese, Ktunaxa Nation Council chair. “Previous courts have told us that our spiritual practices and beliefs, vital to who we are as Ktunaxa, matter less than a ski hill, and we cannot allow these decisions to stand.”
The province and developer have 30 days to respond to the Ktunaxa court documents.
A panel of three judges will then review the application material and decide whether the Ktunaxa will have the right to a full appeal hearing.
