‘Surprise, Surprise: Sanity Prevails’

“A landmark decision released…by Canada’s top court paves the way for development of the ‘Jumbo Glacier’ resort in the Kootenays region of British Columbia, despite strong objections from the Ktunaxa ‘Nation’. 

“The ‘nation’ was fighting the approval of a ski resort in an area held ‘sacred’ to them and had argued that allowing the mega-project ‘Jumbo Glacier Resort’ to go ahead would irreparably harm their spiritual beliefs and practices — a violation of their charter right to religious freedom.
{For the background, see below…}

“The ruling came out before the sun came up over the Ktunaxa ‘Nation’ on Thursday morning, located more than 3,000 kilometres away from the Supreme Court of Canada, in southeastern B.C..


“Kathryn Teneese, ‘chair’ of the Ktunaxa Nation Council,
{It’s actually the ‘Ktunaxa Nation Council Society’, consisting of 4 tribes:
–?Akisq’nuk First Nation, {a ‘nation’ of 275 people};
–?aqam ‘First Nation’, {a ‘nation’ of 393 people};
–Lower Kootenay ‘First Nation’, {a ‘nation’ of 243 people};
–Tobacco Plains ‘First Nation’, {a ‘nation’ of 206 people}.}
was on her way to the ‘nation’s legal counsel’s office in downtown Vancouver when the decision was released. She said the court’s unanimous dismissal of their appeal left her feeling less than, and somehow different from, the rest of Canadians.

“I felt that we were less than, in our right to our beliefs”, she said.

“But Teneese said she doesn’t see the case as a failure for the Ktunaxa.

“It was others that failed to hear and failed to really take into account all of the things and the tools that we have available to us today that could have allowed us to move forward towards {one-way} reconciliation in this country”, she said.

“The justices agreed that the Ktunaxa have a sincere spiritual connection to the area they refer to as ‘Qat’muk’, home to the ‘Grizzly Bear Spirit’. But the majority did not agree that a specific site, or “object of beliefs” like the Grizzly Bear Spirit, could be protected under the Charter of Rights and Freedoms.

The charter protects the freedom to worship, but does not protect the spiritual focal point of worship, the judgment stated.

“Justices Michael J. Moldaver and Suzanne Côté disagreed with this position and, in their own analysis, found that the B.C. Minister of Forests, Lands and Natural Resource Operations’ approval of the ski resort would do irreparable damage to the Ktunaxa’s spiritual beliefs. But they still found the minister was justified in approving the project.

“The Minister’s decision is reasonable, however, because it reflects a proportionate balancing between the Ktunaxa’s s. 2 (a) Charter right and the Minister’s statutory objectives: to administer Crown land and dispose of it in the public interest”, wrote Justice Moldaver.

“While characterizing the ruling as a profound disappointment, Teneese said the Ktunaxa remain committed to protecting the area from development.
{‘Committed to breaking the law when they don’t get their own way’…}

“We will continue … to provide protection to Qat’muk, because that’s the task that was given to us by the Creator and no one else can take that away from us”, she said.

Kootenays region of British Columbia. (Jumbo Glacier Resort)

“Legal counsel for the Ktunaxa described the outcome as a failure of the legal system at the highest level.

“Faith in the justice system that Aboriginal people have, the Ktunaxa had, and their trust, was not upheld today,”

said Peter Grant, at a news conference Thursday morning in West Vancouver.

“Grant added it was surprising there was no mention of the ‘United Nations Declaration on the Rights of ‘Indigenous’ Peoples’ (UNDR‘I’P) in the judgment {UNDR‘I’P has no legal force in Canada}; since other international agreements were referenced, like the 1948 UN ‘Universal Declaration on Human Rights’.

{‘UN ‘indigenous rights’ declaration is ‘unworkable’ as law’ {July 15, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/07/15/un-indigenous-rights-declaration-is-unworkable-as-law/ }

“[The justices] completely avoided it, like the plague {It IS a plague!}, he said. UNDR‘I’P was referenced in Ktunaxa’s factum submitted to the Supreme Court for this case.


“By not talking about it they make it invisible…. Courts make things invisible by not talking about them.”

“Particularly relevant to the Ktunaxa case would be Article 25 of UNDR‘I’P, said Grant. It asserts that ‘indigenous’ people {‘descendants of Siberian settlers’} have the right to maintain their spiritual relationship with their {ancestors’ former} territories.

“While the judgment didn’t mention UNDR‘I’P, B.C. Premier John Horgan made a point of acknowledging it in a brief response to the Supreme Court outcome on Thursday. His party has repeatedly {and irresponsibly} committed to implementing the declaration. 

“The court ruling has an impact on rights and title and on {one-way} reconciliation and on UNDR‘I’P, as well. So, we’re going to look at that closely and work with ‘indigenous’ people — not just the Ktunaxa in the Jumbo area, but right across B.C. — to try and figure out what this decision means.”

“The ski resort still faces additional hurdles, including a legal challenge involving its environmental assessment certificate.

“Teneese said the Ktunaxa are still figuring out what they will do next to ‘protect’ the area. She said whatever the ‘nation’ decides, they’re looking for a path that feels reflective of a changed relationship with the federal and provincial government.

“It seems that we are not allowed to say no. We’re allowed to agree with everything that’s going on, but we express ourselves in a way that may be contrary to the direction that the government or others have determined, and if we say no, then it’s not acceptable”, she said. 
{Nonsense. Aboriginals say ‘No’ constantly and usually win their cases in our segregationist courts…}

“While Teneese said they’re good with the direction they took in the courts, Grant said he doesn’t see others rushing to make a similar argument before the courts.

“I can’t see other ‘indigenous’ groups wanting to open up their doors of their spirituality to a court when this is how the court responds to them”, he said.

{That will save Canadian taxpayers – and aboriginals – millions of wasted dollars on legal fees…}

–‘Ktunaxa profoundly disappointed but undeterred by Supreme Court ruling’,
Chantelle Bellrichard, CBC News, Nov. 03, 2017


Jumbo Valley, the planned site of the ski resort. (Nathan VanderKlippe–Toronto Globe and Mail)

“Despite the court ruling, the project still has to clear environmental and other regulatory hurdles in order to proceed, including an environmental certificate, which the previous ‘Liberal’ provincial government refused to extend. ‘Jumbo Glacier’s proponents are challenging that decision in court. In addition, B.C.’s current N‘D’P government actively campaigned against the resort while in opposition…

“Interpreting the scope of religious protections under the Charter of Rights and Freedoms, the Supreme Court said those protections include freedom to hold such beliefs and manifest those beliefs, but do not extend to the protection of sacred sites

The nine justices were unanimous in the decision to reject the Ktunaxa appeal on grounds of public interest

“The ruling said the B.C. government had engaged in “deep consultation” throughout the process, and had met its duty to consult and accommodate under Sec. 35 of the ‘Constitution Act’. The section does not give ‘indigenous’ groups a veto power over development projects; it guarantees a process, but not a particular result, the ruling said.

Where adequate consultation has occurred, a development may proceed without consent, it reads…

“Tommaso Oberti, vice-president of the ‘Pheidias Group’ which is managing the project, said there is “absolutely” a plan to move on the project, though it has been on hold pending the legal challenge. Investors and the board of directors must meet to chart a path forward, but said the project is definitely not dead.

“The group obviously has been pretty persistent and the project has tremendous value”, he told ‘CBC News’. “They wouldn’t have spent all this money on the project. They would have walked away before spending all the money on lawyers. That’s not the case.”

“Assembly of ‘First Nations’ National Chief Perry Bellegarde said the decision reflects a need for judges and legislators to more deeply understand traditions of ‘First Nations’ {‘Siberian settler communities’} people, who see ceremonies as inextricably linked to the land and water…

“According to its website, the project would be a “unique sightseeing destination” and a big economic generator for construction jobs and resort employment. It would provide lifts to four glaciers at an elevation of up to 3,419 metres.

“The three-phase project would include 5,500 bed-units plus 750 beds for staff accommodations, and is expected to draw 2,000 to 3,000 visitors a day in high season.

“The resort’s location was chosen for its optimal snow conditions, high elevations, large glaciers and the fact the Jumbo Creek valley has seen “significant prior use”, the website reads.”

–‘Supreme Court ruling removes barrier for year-round ski resort on sacred First Nation land’,
Kathleen Harris, CBC News, Nov. 02, 2017


Ktunaxa ‘Nation’ ‘Chair’ Kathryn Teneese. (e-KNOW file photo)

“With this decision, the Supreme Court of Canada is telling every ‘indigenous’ person in Canada that your culture, history and spirituality, all deeply linked to the land, are not worthy of legal protection from the constant threat of destruction”, said Kathryn Teneese, Ktunaxa ‘Nation’ Council Chair.


“This judgment should be alarming to Canadians, whether or not they consider themselves religious or spiritual. We brought forward our most private and sacred beliefs in the hopes the court would earnestly, and in good faith not just listen, but hear them. The majority’s decision shows clearly that the Ktunaxa people were alone in their efforts to meet the Court halfway. It shows a profound failure for the court to see the Ktunaxa people at all, let alone as people whose values and beliefs deserve respect and protection under the Charter of Rights and Freedoms…


{One-way} Reconciliation is more than words, it is actions. The actions of the Supreme Court of Canada today are in direct contradiction of the ideals of reconciliation and Article 25 of the United Nations Declaration on the Rights of ‘Indigenous’ Peoples”, continued Teneese. “Both the majority and the dissenting judgments send a clear message about where Aboriginal people fit, or do not fit, within Canada. Once again, the worth and value of ‘Indigenous’ peoples is subjugated to the goals of a Canadian state that seems content to continue without them…”

{You don’t want equal rights; you want special Race-based rights for aboriginals only. That directly contradicts the social evolution of Canada and the modern world in general…}

“There were 17 intervenors at the Supreme Court of Canada hearing, of which 14 were broadly supportive of the Ktunaxa ‘Nation’s position, including the Attorney General of Canada, Amnesty International, the B.C. Civil Liberties Association and a diverse array of ‘indigenous’ and religious organizations

Robert Phillips of the ‘First Nations’ Summit (right), and Kathryn Teneese on Nov. 2, 2017. (Chantelle Bellrichard—CBC)

“Robert Phillips, a member of the ‘First Nations’ Summit and ‘First Nation’ Leadership Council said the Ktunaxa Nation should be “commended for the struggle”.

“Changes in laws and policies are needed in Canada to reflect ‘indigenous’ ways, he said, noting a ‘First Nations’ person should be included on the Supreme Court.
{Simply because of their race? Is Segregation a fundamental principle of “‘indigenous’ ways”?}

It’s colonial {and you’re a tribalist}, Phillips said of the ruling, adding, the Supreme Court decision referenced the UN Declaration on the Rights of ‘Indigenous’ Peoples “zero times” in its decision.
{Maybe the Court is finally regaining its sanity…}

–‘Ktunaxa Nation disappointed with Qat’muk decision’,
E-know, November 2, 2017



See also:
“In September, 2009 {18 YEARS after the first proposal and 5 years after the completion of the decade-long environmental assessment!}, the Ktunaxa leaders DECLARED THEIR ABSOLUTE OPPOSITION to any permanent project such as was proposed, BECAUSE OF THE “SACRED SIGNIFICANCE” OF THE ENTIRE AREA. The “sacred value” of the area only came to the fore in 2009, when it became “a life and death matter”.

“This isn’t messianism; it isn’t even reverence, or spirituality. It is bunk. Are we all mad?”

–‘This Isn’t Religion, It’s Madness’ (‘Spiritual Connection’ to the Land) {June 1, 2016}: https://endracebasedlaw.wordpress.com/2016/06/01/this-isnt-religion-its-madness/

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1 Comment

  1. It is time that those who are not Aboriginal start fighting back. The Aboriginals get away with too much and are conditioned to be hateful and greedy; never mind that they “think” they are “First” and that they own the land… No one is “First”… Sick of their self-righteous attitude!!


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