Jumbo resort court ruling could take months

Judge mulling ‘substantially started’ decision that halted construction for proposed ski resort.

It could be months for a court decision to be delivered as part of the ongoing efforts to build a year-round ski resort in the southeastern corner of the province.

Arguments wrapped up last week in Vancouver Supreme Court between Glacier Resorts Ltd and the provincial government, as the resort development company is seeking to quash a government decision in 2015 that ground the project to a halt.

Mary Polak, then the Minister of Environment at the time, ruled that the project was not substantially started, which meant an Environmental Assessment Certificate expired and therefore stopping any and all development of the resort, which is located in the Jumbo Glacier valley near Invermere.

Glacier Resorts Ltd launched a challenge to the decision soon after Polak’s decision was released.

READ: Reaction pours in to Jumbo decision

Tom Oberti, vice president of Pheidias Group — the design consultants for the project — says the pending court ruling is important because it will provide clarity going forward.

“It’s the difference between a project that is 6,000 beds…or a project that would have to be done under the threshold of the Environmental Assessment Act, and that would mean a project that has 2,000 or less beds.

“So obviously there are implications there on what kind of project would be built.”

The resort full build-out plan includes 5,500 bed-units (plus 750 beds for staff accommodations) in a 110-hectare resort base area that could include 20-23 ski lifts.

Glacier Resorts Ltd. argues in their court filing that the province demanded a standart that was impossible to obtain, given regulatory and physical constrants.

Local environmental groups, including Wildsight and the Jumbo Creek Conservation Society successfully gained intervenor status in May.

The two groups are concerned about the substantially started decision being quashed, but also with the decision itself and allege that some of the construction at the resort site was in non-compliance, according to their court filing.

“While the Decision (sic) found that the project had not substantially started, the applicants are concerned that these proceedings could lead to the Court quashing the decision, allowing the project to proceed nearly 14 years after the issuance of the EAC,” reads the filing on behalf of Jumbo Creek Conservation Society and Wildsight.

“Alternatively, if the Decision is upheld on the basis of an overly generous interpretation of the [Environmental Assessment] Act, it would set a bad precedent that could undermine the effectiveness of the environmental assessment regime and allow other multi-phased projects to circumvent deadlines by obtaining an indefinite right to proceed based on minimal construction.”

Robyn Duncan, the executive director for Wildsight, says it was important for both groups to intervene into the case.

“I think we’ve been working on this issue for a couple of decades now. It was such a momentous decision to see the environmental certificate cancelled when it was the right decision,” Duncan said. “And to be able to intervene in that court case and support that decision meant a lot to us; to be able to carry those facts forward and add argument to that case.”

The issue of building a resort in the area dates back almost 30 years.

Running parallel to the substantially started decision was a court challenge from the Ktunaxa Nation Council, which argued that they were not adequately consulted by the province when the project’s Master Development Plan was approved.

That court dispute went all the way to the Supreme Court of Canada, which dismissed their appeal.

READ: Supreme Court of Canada dismisses Ktunaxa appeal

While the Ktunaxa said they were not adequately consulted by the province, they also argued that the construction of a resort would violate their religious freedoms, as the area — known as Qat’muk — is in a spiritually sensitive area home to the Grizzly Bear Spirit.

Just Posted

No one in Revelstoke should face dementia alone

More than 66,000 people struggle with Alzheimer’s and dementia in B.C.

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

Bike relay around the world stops in Revelstoke

Bike Jamboree is a Polish project that aims to bike 35,000 km and through 21 different countries

Seeking Shelter: Landlord takes over living area in rental whenever visiting town

Revelstoke renter says everyone pretends to be ‘perfect’ to find accommodation

VIDEO: Amazon to split second HQ between New York, Virginia

Official decision expected later Tuesday to end competition between North American cities to win bid and its promise of 50,000 jobs

Around the BCHL: Surrey Eagles sliding and Cassidy Bowes flows

Around the BCHL is a look at what’s happening in the league and around the junior A world.

Pit bull cross, chihuahua owners must split costs for dogfight damage, judge rules

Eac side responsible for $577.43 towards injuries in Comox Valley incident

3 random words mark every spot on earth

Innovative mapping system assigns three word combinations to 57 trillion 3 metre squares

Most fatal overdose victims did not have recent police contact: Stats Canada

11 per cent of those who fatally overdosed in B.C. had four or more contacts with the police

Calgarians head to the polls to declare ‘yea’ or ‘nay’ on Winter Games

The question “are you for or are you against hosting the 2026 Olympic and Paralympic Winter Games?” was to be posed to them Tuesday in a plebiscite to help determine whether the city should move ahead with a bid.

Heir’s big birthday: 70 candles lined up for Prince Charles

Prince Charles turns 70 Wednesday, Nov. 14, 2018, still serving in the heir to the throne role he has filled since he was a young child.

Trudeau lays down challenge to companies in bid to boost trade with Asia

“Building the relationships, building the connections, building the facility and also changing mindsets — getting Canadian companies to see the opportunities we have around the world to partner and invest.”

CNN sues Trump, demanding return of Acosta to White House

CNN is asking for an immediate restraining order to return Acosta to the White House.

Most Read