Nov 2017 Charity & NFP Law Update
On November 2, 2017, the Supreme Court of Canada (the “SCC”) delivered its judgement in the case of Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), which arose after the British Columbia Minister of Forests, Lands and Natural Resource Operations declared that reasonable consultation had occurred prior to the approval of a proposed ski resort development in an area of spiritual significance for the Ktunaxa people. The Ktunaxa people played an active role in a lengthy regulatory approval and consultation process extending over twenty years and some of their concerns were addressed. However, the Ktunaxa eventually rejected the development altogether claiming it would drive Grizzly Bear Spirit, “a principal spirit within Ktunaxa religious beliefs and cosmology”, away from their sacred land, and irrevocably impair their freedom of religion under the Canadian Charter of Rights and Freedoms (the “Charter”). Although the SCC took into account many considerations in rendering its judgment, this Church Law Bulletin provides only a brief overview of its ruling on freedom of religion under s. 2(a) of the Charter.
For the balance of this Bulletin, please see Church Law Bulletin No. 51.