CMLA Granted Leave to Intervene by SCC in Ktunaxa Nation Council

November 10, 2016
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The CMLA, along with its coalition partners, have been granted leave to intervene by the Supreme Court of Canada in Ktunaxa Nation Council and Kathryn Teneese, On Their Own Behalf and On Behalf of All Citizens of the Ktunaxa Nation v. Minister of Forest, Lands and Natural Resource Operations and Glacier Resorts Ltd.

The Ktunaxa Nation Council is a First Nation group in British Columbia that has challenged the Government of Canada’s approval of the development of a ski resort on Crown land in the Jumbo Valley in B.C.

The First Nation has claimed relief on both s. 2(a) of the Charter and s. 35(1) of the Constitution Act, 1982 in advancing their claim that the government conduct was incompatible with their constitutional rights. This is the first time the Supreme Court will consider an independent s. 2(a) claim by a First Nation group.

The CMLA, the South Asian Legal Clinic of Ontario and Kootney [KOOTENAY] Presbytery (United Church of Canada) have come together as a coalition to assist the Court by advocating for a broader reading of s.2 (a) than that adjudged by the B.C. Court of Appeal, and by providing a framework to assist administrative tribunals in cases in which Aboriginal rights and Charter rights are both at issue. The coalition has been granted leave to intervene in writing, with oral arguments to be heard on December 1 if further leave is granted.  The coalition’s factum can be viewed here.