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ARTICLE · 07 NOVEMBER 2017

SCC: Approval To Develop Ski Resort On Sacred Lands Does Not Unlawfully Infringe Ktunaxa's Rights

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In Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), the Supreme Court of Canada held that the British Columbia Minister of Forests, Lands and Natural Resource Operations ...

CanadaGovernment, Public Sector
John Terry
John Terry
Valerie Helbronner
Valerie Helbronner
Michael Fortier
Michael Fortier
T. Ryan Lax
T. Ryan Lax
Nick Kennedy
Nick Kennedy
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In Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), the Supreme Court of Canada held that the British Columbia Minister of Forests, Lands and Natural Resource Operations (Minister) did not err in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under section 35 of the Constitution Act, 1982.1 The Ktunaxa applied for judicial review of the Minister's approval decision for a ski resort in Qat'muk, a place of spiritual significance for them, and subsequently appealed the lower Court decisions to the SCC, which released its decision on November 2.

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