VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have sent a legal letter to the Government of British Columbia (Province) calling for the immediate rescission of planned public closures at Joffre Lakes Park, arguing the closures are excessive, discriminatory, and inconsistent with both provincial law and Charter protections.
Earlier this year, the Province announced that temporary closures at the park would continue in order to reserve access during specified periods for members of the Lil’wat Nation and N’Quatqua to conduct cultural activities. Located about 35 kilometres east of Pemberton along Highway 99 in British Columbia’s Sea-to-Sky region, Joffre Lakes Park is one of the province’s most popular hiking destinations and attracted nearly 200,000 visitors in 2019 before visitor restrictions and reservation systems were introduced.
The warning letter argues that Joffre Lakes Park, as a Class A provincial park, exists under the Park Act “for the inspiration, use and enjoyment of the public” and that excluding the public for extended periods during peak season is inconsistent with that statutory purpose. It states that reserving access to the park exclusively for particular groups based on race or ethnic origin violates sections 6 and 15(1) of the Charter, protecting mobility rights and 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.”
The letter concludes by requesting that the Province immediately reverse the closures and warns that legal proceedings may follow if the policy remains in place.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
