Legal Challenges

The Ktunaxa Nation Council and the West Kootenay EcoSociety have both filed judicial reviews challenging the approval process for the resort.

Ktunaxa Nation Council’s petition claims that the government did not adequately consider the traditional and spiritual uses of the Jumbo area when approving the Master Development Agreement. The case was heard in BC Supreme Court in January 2014. The Ktunaxa Nation has appealed the judge’s decision against them to the BC Court of Appeals.

The West Kootenay EcoSociety’s petition claims that the government acted unlawfully by establishing a municipality with no residents. In addition, the petition claims that since the Jumbo Glacier Mountain Resort Municipality has a mayor and council appointed by the province, the municipality is unconstitutional. The West Kootenay EcoSociety petition has not yet been heard in court.