Province reserves public park for exclusive use
Joffre Lakes Park is one of British Columbia’s most popular provincial parks. Located approximately 35 kilometres east of Pemberton along Highway 99 in British Columbia’s Sea-to-Sky region, the 1,487-hectare Class A provincial park attracted nearly 200,000 visitors in 2019 before visitor restrictions and reservation systems were introduced.
Earlier this year, the Province announced that it would again close the park to the public during specified periods to reserve access exclusively for members of the Lil’wat Nation and N’Quatqua to conduct cultural activities.
Justice Centre challenges planned closures
Lawyers funded by the Justice Centre have sent a legal warning letter to the Government of British Columbia calling for the immediate reversal of the planned closures, arguing that they are unlawful, discriminatory, and inconsistent with both the Park Act and the Canadian Charter of Rights and Freedoms.
The letter argues that Joffre Lakes Park exists under the Park Act “for the inspiration, use and enjoyment of the public” and that excluding the public for extended periods during the busiest hiking season is inconsistent with that statutory purpose.
It further argues that reserving access exclusively for particular groups based on race or ethnic origin violates sections 6 and 15(1) of the Charter, which protect Canadians’ mobility rights and guarantee equal protection and equal benefit of the law without discrimination.
“The provincial government is obligated to manage parks for the use and enjoyment of the public,” said constitutional lawyer Marty Moore. “There is no indication that the provincial government took the constitutional rights of the public into account in the decision to exclude the public from the 1487-hectare Joffre Lake Park entirely for 31 days.”
Province asked to reconsider
At this stage, no court proceeding has been filed. The Province has been asked to reconsider the planned closures before further legal steps are taken.
