" Supreme Court ruling removes barrier for year-round ski resort on sacred First Nation land ", 2 Nov 2017

Building a large ski resort on B.C. land considered sacred to a First Nation does not breach religious rights, the Supreme Court of Canada said...The landmark decision could pave the way for development of the Jumbo Glacier resort in the Kootenays region of British Columbia, despite strong objections from the Ktunaxa Nation...

[T]he project still has to clear environmental and other regulatory hurdles in order to proceed, including an environmental certificate...The nine justices were unanimous in the decision to reject the Ktunaxa appeal on grounds of public interest, but two justices... took a broader view of the Charter [of Rights and Freedoms] religious protections....The project interferes with the Ktunaxa's ability to act according to their religious beliefs and practices in a way that is "more than trivial or insubstantial," they wrote...

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...

Peter Grant, lawyer for the Ktunaxa Nation Council,...said the justice system failed Indigenous people at the highest level...Tommaso Oberti, vice-president of the Pheidias Group which is managing the project, said there is "absolutely" a plan to move on the project...