Appeal court overturns ruling on native consultations over B.C. ski resort

VANCOUVER – The B.C. Court of Appeal has overturned a ruling that said the provincial government did not adequately consult a First Nation before the incorporation of a ski resort village near Kamloops.

The Adams Lake Band had argued its interests weren’t properly addressed before the government approved the creation of the Sun Peaks municipality in 2010.

A B.C. Supreme Court judge agreed in a ruling last year, saying the province had breached its constitutional duty by failing to accommodate the interests of the band.

The province appealed that ruling and the band filed a cross-appeal, saying the initial judge did not make any mistakes.

The Appeal Court has now sided with the government, saying the consultations were adequate and the accommodations made by the province were reasonable in the circumstances.

The court says the incorporation simply replaced one form of local government with another, as the area was previously governed by the Thompson-Nicola Regional District, and the incorporation had minimal effects on the Adams Lake Band’s claim to aboriginal title and rights.