B.C. lawyer says closure of Joffre Lakes Park potentially violates Canadian Charter

British Columbia's decision to close Joffre Lakes Park for two separate periods is being challenged by a constitutional lawyer who argues it potentially violates provincial law and the Canadian Charter of Rights and Freedoms. The popular park near Pemberton is scheduled to be closed from June 20 to 27 and again from September 8 to 30.

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The stated basis for the exclusion of the public is so 2,693 British Columbians, less than .05 per cent of the population, can have exclusive use of this Provincial treasure for 31 days because of their race and ethnic origin.

The stated reason for these closures is to allow members of the Lil’wat Nation and N’Quatqua to engage in traditional activities on the land. Lawyer Marty Moore, in a letter to the B.C. government, contends that this exclusion amounts to preferential treatment based on race. He stated that the closures grant exclusive use of the park to a small percentage of the population for 31 days due to their race and ethnic origin, infringing upon the Charter's protections for freedom of movement and equal benefit of the law without discrimination.

While the province announced the park would close for 31 days this year, the Lil’wat First Nation had initially identified 75 potential closure dates. The legal letter further argues that these closures are inconsistent with the B.C. government’s Park Act. Moore emphasized that all members of the public have rights in this situation that need to be balanced and respected, suggesting the matter could lead to a judicial review.

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This exclusion of people from Joffre Lakes infringes the Charter’s protection of British Columbians’ freedom of movement and their right to equal protection and equal benefit of the law without discrimination based on race and ethnic origin.

The B.C. government maintains that the park is managed collaboratively with the two First Nations, and these closures facilitate their cultural practices within their traditional territory. The park was set to reopen on Sunday, June 27. Global News sought comment from the Lil’wat First Nation but did not receive a response.

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It’s not that one group has constitutional rights and the rest of the public doesn’t. In fact, all of the public has rights in this circumstance and that needs to be properly balanced and respected.